Agenda 10/10/2006 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
October 10,2006
9:00 AM
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Fred W. Coyle, Commissioner, District 4
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. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2004-05, 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 THREE (3) 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.
Page 1 of 10
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure
provided by Commission members for summary agenda.)
B. September 12,2006 - BCC/Regular Meeting
C. September 13, 2006 - BCC/Regular Meeting Carryover from September 12, 2006
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5-Year Recipients
1. Lindy Adelstein, Collier County Planning Commission
2. Paul Midney, Collier County Planning Commission
3. Mark Strain, Collier County Planning Commission
B. 25 Year Attendees
1. Harold Huber, PUED
4. PROCLAMATIONS
A. Proclamation to wish Edison College great success in the upcoming Heart and MS Walks. To
be accepted by a representative of Edison College.
B. Proclamation designating October 28, 2006 as NAACP Freedom Fund Day. To be accepted by
Laverne Franklin and Harold Weeks.
C. Proclamation recognizing October 10,2006 as Put The Brakes On Fatalities Day. To be
received by members of the Collier County Transportation Dept., Collier County Sheriff's
Office, Naples Police Dept. and Florida Highway Patrol.
5. PRESENTATIONS
A. Presentation of the Advisory Committee Outstanding Member Award to Lawrence M. Baytos,
County Government Productivity Committee.
B. Report and thank you by Jeannette Showalter to the Board of County Commissioners
regarding the MSBU for Naples Park Lake. (Commissioner Halas)
C. Presentation from the Substance Abuse Coalition of Collier County to Parks and Recreation
Director Barry Williams. To be presented by Collier County Court Judge Lauren Brodie and
Undersheriff Kevin Rambosk.
D. To recognize Allen Madsen for his exceptional performance as the on-site representative of
Collier County and ambassador to the public for the Collier County/City of Naples 2006
Beach Renourishment Project.
E. To recognize Gary McAlpin for his exceptional leadership and management of the Collier
County/City of Naples 2006 Beach Renourishment Project.
Page 2 of 10
6. PUBLIC PETITIONS
A. Public Petition request by Richard Gazzerro and Thomas Ramsey to discuss code violations
for the Shirley Street Antique Mall.
B. Public petition request by Nancy Payton to discuss lobby registration and disclosure of
lobbyist's clients.
C. Public Petition request by Mr. John Swasey regarding impact fees.
Item 7 and 8 to be heard no sooner than 1:00 /J.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation that the Board of County Commissioners deny Petition AVESMT-2006-AR-
9918, which seeks to vacate the Countys and the Publics interest in Gulf Shore Court and a
portion of Center Street, according to the plat of Vanderbilt Beach Center, as recorded at Plat
Book 3, Page 16, Public Records of Collier County, Florida, and as more specifically
described in Exhibit A.
B. This item was continued from the September 12, 2006 BCC meeting and has been reauested
bv the petitioner to be further continued. This item requires that all participants be sworn in
and ex parte disclosure be provided by Commission members. Petition: PUDZ-A-2005-AR-
8438: Lakeview Drive of Naples, LLC, represented by Clay Brooker, of Cheffy, Passidomo,
Wilson & Johnson, LLP, requesting a rezone from the Residential Multiple Family-6 (RMF-6 &
RMF-6(3)) zoning districts (a portion of which is subject to a Special Treatment Overlay (ST))
to the Residential Planned Unit Development (RPUD) by amending the approved Windstar
PUD to add the subject 20.52 acres and its additional residential units thereby allowing a
maximum of 584 residential units on 341.1 acres. The subject property is generally located on
the west side of Bayshore Drive, approximately 0.6 miles south of the Bayshore Drive and
U.S. 41 (Tamiami Trail East) intersection in Sections, 11, 14 and 23 Township 50 South,
Range 25 East, Collier County, Florida.
C. Recommendation that the Board of County Commissioners adopt 1) a Resolution revising
the Collier County Water-Sewer District Utilities Standards Manual and 2) an Ordinance
amending the Collier County Utilities Standards and Procedures Ordinance, Project Number
70202.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Black Affairs Advisory Board.
B. Appointment of member to the Tourist Development Council.
C. Appointment of members to the Historical/Archaeological Preservation Board.
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. This item continued from the September 26, 2006 BCC
Meeting. Recommendation to consider a recommendation from the Habitat Conservation
Plan Advisory Committee to implement a Red-Cockaded Woodpecker Compliance Plan (Bill
Lorenz, Director, Environmental Services)
Page 3 of 10
B. Recommendation to Modernize and Update The Countys Purchasing Policy. (Steve Carnell,
Director, Purchasing)
C. Recommendation to approve and execute an Agreement for Sale and Purchase with Morande
Enterprises, Inc. for the purchase of 10.04 improved acres on Radio Road and Davis
Boulevard for Collier Area Transit and Para Transit operations with fleet maintenance at a
cost not to exceed $8,570,000. (Norman Feder, Administrator, Transportation Services)
D. Recommendation to approve and execute the attached Joint Participation Agreement (JPA)
with Florida Department of Transportation in the amount of $285,375 to provide operational
funding for improved frequency of service on Collier Area Transits existing Red Route and to
consider approval of early start-up service. (Norman Feder, Administrator, Transportation
Services)
E. Recommendation to approve an amendment to the Local Housing Assistance Plan (LHAP)
for fiscal years 2004-2005, 2005-2006 and 2006-2007, including new and updated strategies,
an increase in the maximum allowable home sales price, and other changes as required by
new state law and approved all necessary budget amendments. (Cormac Giblin, Housing &
Grants Manager, Community Development)
F. Recommendation that the Board of County Commissioners accept the recommendations of
the Special Master Review Board (SMRB) to renew the contract with Brenda C. Garretson
under RFP #04-3677 - Special Master Services for Collier County. (Michelle Arnold, Director,
Code Enforcement)
G. Recommend approval of the award of RFP # 06-4007 and corresponding Agreement between
Collier County and Paradise Advertising and Marketing, Inc. for Tourism Marketing Services.
(Jack Wert, Director, Tourism Department)
H. This item was continued from the September 26,2006 BCC meeting. Recommendation to
adopt a Resolution repealing all previous resolutions establishing and amending parts of the
Collier County Parks and Recreation Department Facilities and Outdoor Areas License and
Fee Policy and establishing the policy effective October 1, 2006. (Marla Ramsey,
Administrator, Public Services)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
Page 4 of 10
..----------------------------------------------------------------------------------------------------------------------------
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 grant final approval of the roadway (private) and drainage Improvements
for the final plat of Waterways of Naples Unit Five. The roadway and drainage improvements
will be privately maintained.
2. Recommendation to grant final approval of the roadway (private) and drainage improvements
for the final plat of Waterways of Naples Unit Six. The roadway and drainage improvements
will be privately maintained.
3. Recommendation to grant final approval of the roadway (private) and drainage improvements
for the final plat of Waterways of Naples Unit Seven. The roadway and drainage
improvements will be privately maintained.
4. Recommendation to approve for recording the final plat of Mediterra Phase Three East Unit
Three
5. Recommendation to approve for recording the final plat of Ave Marla Unit 9, Del Webb
Parcels 101, 103, 104 & 105, approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
6. Recommendation that the Board of County Commissioners approve a reimbursement of a
portion of the impact fees paid for Handsome Harrys Third Street Bistro, in the amount of
$28,305.12, due to a change in the calculation of the impact fees applicable to the project and
the resulting over-payment of impact fees and authorizing a change in policy for the
assessment of Impact fees for mixed use commercial buildings, consistent with the
recommendations of the Coumty's impact fee consultants and legal counsel.
7. Recommendation to approve for recording the final plat of Ave Maria Unit Two, Park of
Commerce, approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
8. Recommendation to affirm the approval of a United States Fish and Wildlife Cooperative
Agreement 401816J091 for a Derelict Vessel Removal Grant and approval of the necessary
budget amendments to recognize and appropriate grant revenue in the amount of $31,000.
B. TRANSPORTATION SERVICES
1. Recommendation to award Bid # 06-4030 to Motorola Central Control Irrigation Supplies and
Services to Contemporary Controls & Communications, Inc. and Ag-Tronix. The annual
expenditures are estimated to be $250,000.
2. Recommendation to award Bid No. 06-4035 to Quality Enterprises USA, Inc. for the Riviera
Golf Estates Lake Interconnect Fleur De Lis Lane, Project Number 511351 in the amount
$120,000
3. Recommendation to award Bid #06-4031 Installation and Maintenance of Traffic Signals, to
Kent Technologies, Inc. and Southern Signal & Lighting.
4. Recommendation that the Board of County Commissioners approve five (5) Adopt-a-Road
Program Agreements with two (2) roadway recognition signs at a total cost of $150.00. The
other signs already exist.
Page 5 of 10
5. Recommendation to approve a Developer Contribution Agreement between Tousa Homes
INC., collectively referred to as "Tousa, and Collier County, herein referred to as County, for
the construction of a public road from Whippoorwill Lane to Livingston Road.
6. Recommendation that the Board accept a donation from The Halstatt Partnership for the
additional plantlngs along Golden Gate Parkway up to the amount of $101,821.89.
C. PUBLIC UTILITIES
1. Recommendation that the Board of County Commissioners, as Ex-Officio the Governing
Board of the Collier County Water-Sewer District, declare the Rating Agency Presentations a
valid and proper public purpose and approve the expenditure for an on-site luncheon
presentation meeting in a sum not to exceed $700.00.
2. Recommendation to approve Work Order ICTSCADA-3916-MAC-06-04 in the amount of
$98,513 to McKim & Creed, P. A. under Annual Contract 06-3916 for the South County Water
Reclamation Facility SCADA Improvements, Project 73964.
3. Recommendation to approve Work Order ICTSCADA-3916-MAC-06-05 in the amount of
$90,493 to McKim & Creed, P. A. under Annual Contract 06-3916 for SCADA System
Upgrades at the South County Regional Water Treatment Plant, Project 70124.
4. Recommendation to approve a Developer Contribution Agreement with DiVosta Homes, LP in
the amount of $40,148.64 for installation of upsized wastewater facilities along Collier
Boulevard (CR-951) from Rattlesnake Hammock Road to Sabal Palm Road, Project Number
73946.
5. Recommendation to approve Work Order QGM.FT-3290-07-01 to Q Grady Minor for the
engineering services in the amount of $221,150 for the design, preparation of construction
plans, and construction Inspection for upgrade of four master pump stations, and two lift
stations, Project 72546, and Project 73970.
6. Recommendation to approve Budget Amendment to transfer funds in the amount of $120,000
from Project 739491, South County Water Reclamation Facility (SCWRF), Expansion 2001 to
Project 725321, North County Water Reclamation Facility (NCWRF) Rehabilitation.
D. PUBLIC SERVICES
1. Recommendation that the Board of County Commissioners sign an agreement with Collier
Health Services, Inc. for $235,180 of FY 07 funds to participate as a local match for the Low
Income Pool Program for services provided on behalf of the Human Services Department in
order to generate an additional $324,773 In Federal matching funds to be paid directly to
CHSI for services for the most medically needy In Collier County.
2. Recommendation to approve the submittal of the attached University of Florida Integrated
Pest Management Program grant application to the University of Florida Institute for Food
and Agricultural Science for an Urban IPM at the farmers market project totalling $3,650 and
any necessary budget amendments.
3. Recommendation to waive formal competition to approve contracting with Weller Pools Inc.
to install a 32 Aquatube Slide at a cost of $183,304.25.
E. ADMINISTRATIVE SERVICES
1. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
2. Recommendation to approve the award of Bid # 06-4045 "On-Call Overhead Door and
Automatic Gate Contractor for Annual Service and Repairs" to Action Automatic Door, Inc.,
and Garage Doors of Naples, Inc.
Page 6 of 10
F. COUNTY MANAGER
1. Recommend approval of Work Order No. HM-FT -3902-06-04 for Wiggins Pass Modeling
Proposal and regulatory permitting as proposed by Humiston & Moore on April 11 , 2006 on a
Time and Material basis not to exceed $120,935 and authorize the County Manager or his
designee to sign Work Order No. HM-FT-3902-06-04.
2. Recommendation to approve the Annual Technical Support and Maintenance Renewal
Contract for EMS Solutions 2000 through Healthware Solutions In the amount of $29,010 for
FY07.
3. Recommendation to approve a Memorandum of Agreement between the State of Florida
Department of Health and Emergency Medical Services as the CHEMPACK Cache Location
for the purpose of responding to acts of chemical emergencies posing a public health crisis.
4. Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant
from the Florida Division of Forestry for the purchase of wildfire protective clothing and
approval of necessary budget amendments to recognize and appropriate revenue in the
amount of $5,558.
5. Recommendation to approve Grant Agreement #07-DS-5N-09-21-01 between the Florida
Department of Community Affairs and Collier County accepting $50,591 to fund Homeland
Security and Emergency Preparedness Initiatives and approve a Budget Amendment to
recognize and appropriate the grant funds
6. Recommendation to approve an Agreement between Collier County and the Florida
Department of Community Affairs accepting $105,806 for Emergency Management Program
Enhancement.
7. Approve Budget Amendments
8. Recommend Approval of three (3) Tourist Development C-2 Grant Applications and
corresponding revised Tourism Agreements with the Childrens Museum of Naples
($175,000), Naples Art Association ($38,000) and Naples Botanical Garden, Inc. ($112,550) for
a total of $325,550.
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Attend the 6th Annual Golden Key Gala - Black & White Ball
on Saturday, October 21st, 2006, Naples, FL; $115.00 to be paid from Commissioner Fiala's
travel budget.
2. Commissioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attending the United Way of Collier County 2006
Campaign Recognition Breakfast at the Hilton Naples on October 11, 2006.
3. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the Foundation For
Developmentally Disabled, Inc.'s Dinner and Auction on October 28, 2006 and is requesting
reimbursement in the amount of $75.00, to be paid from his travel budget.
4. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the Physicians Led Access
Network (PLAN) of Collier County on October 14,2006 and is requesting reimbursement in
the amount of $50.00, to be paid from his travel budget.
5. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the United Way of Collier
County 2006 Campaign Recognition Breakfast on October 11, 2006 and is requesting
reimbursement in the amount of $20.00, to be paid from his travel budget.
Page 7 of 10
6. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the 2007 Leadership Collier
Class Round table Discussion Luncheon and is requesting reimbursement in the amount of
$15.00, to be paid from his travel budget.
7. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Will attend the League of Women Voters Luncheon on Friday,
October 4th at 12:00 noon at the Collier Athletic Club; $16.00 to be paid from Commissioner
Fiala's travel budget.
8. Commissioner Fiala requests Board Approval for reimbursement for attending a function
serving a valid public purpose. Attend the Collier Citizen of the Year 2006 Banquet on Friday,
November 10th, 2006, at The Club at The Strand; $35 to be paid from Commissioner Fiala's
travel budget.
9. Commissioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attended the Florida Association of Counties
Legislative Policy Committee Meeting at the Sheraton Sand key Resort In Clearwater Beach,
Florida September 27-29,2006.
10. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner Coletta paid in advance to attend the Immokalee
Chamber of Commerce Silent Auction and Dinner on September 30, 2006 and is requesting
reimbursement in the amount of $50.00, to be paid from his travel budget.
11. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attended the Florida Association of Counties
Legislative Policy Committee Meeting at the Sheraton Sand key Resort in Clearwater Beach,
Florida September 27-29,2006. As the Vice Chair of the Growth, Environmental Planning &
Agriculture Committee, I chaired the meeting in the absence of the Chair.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Recommend that the Board of County Commissioners approve the use of Confiscated Trust
Funds for Crime Prevention.
2. Recommend that the Board of County Commissioners approve the use of Confiscated Trust
Funds for Drug Abuse Education and Prevention.
K. COUNTY ATTORNEY
1. Recommendation to authorize the Office of the County Attorney to initiate foreclosure
proceedings pursuant to Section 162.09, Florida Statutes, in relation to to six (6) Collier
County Code Enforcement liens, arising from Code Enforcement Board Case Nos. CEB 2001-
55, CEB 2001-58, CEB 2003-01, CEB 2003-02, and CEB 2004-14, all of which cases are entitled
Board of County Commissioners, Collier County, Florida vs. Claude (or Jean Claude) Martel.
2. Recommendation to Approve a Stipulated Final Judgment in the Amount of $75,000.00 for the
Acquisition of Parcels 110 and 710 in the Lawsuit Styled Collier County v. NB Holdings
Corporation, et aI., Case No. 06-0658-CA (Santa Barbara Boulevard Project No. 62081). Fiscal
Impact: $32,636.
3. Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection
with Parcel 140 In the Lawsuit Styled Collier County v. Rosa A. Hernandez, et aI., Case No. 05.
1033-CA (CR 951, Project No. 65061) Fiscal Impact: $15,300.00.
Page 8 of 10
4. Recommendation that the Board of County Commissioners Approve a Settlement Agreement
and a Stipulated Final Judgment in the Amount of $284,400 for the Acquisition of Parcels 146
and 746 in the Lawsuit Styled Collier County v. April Circle, Ltd., et aI., Case No. 04-3679-CA,
Immokalee Road Project #66042. (Fiscal Impact: $116,078.50)
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 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 QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE
SWORN IN.
A. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation that the Board of County Commissioners approve
Petition SNR-2006-AR-9993, by Blackstone Estates, represented by Wilson Garcia, P. E. of Q.
Grady Minor & Associates, requesting a street name change from Bears Way to Acorn Way
for property In Black Bear Ridge Phase 1, located within Section 34, Township 48 South,
Range 26 East.
B. This item continued from the September 26, 2006 BCC Meeting. Recommendation that the
Board of County Commissioners adopt an Ordinance amending Section 74-202 of Chapter 74
of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact
Fee Ordinance) by providing for a change in the time period allowed for requesting an impact
fee reimbursement, consistent with limitations set forth by the Florida Statutes.
C. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2005-AR-7834 Black Bear Properties of FL, LLC, represented
by Tim Hancock, Planning Director of Davidson Engineering, Inc., is requesting a rezone
from the Estates, Wellfield Risk Management Special Treatment Overlay Zone W-1 zoning
district (E-STIWS1) to the Commercial Planned Unit Development (CPUD) zoning district for
C-3 Intermediate Commercial land uses, which can provide a variety of services with a
common architectural theme, as regulated in the Neighborhood Commercial Center of the
Golden Gate Area Master Plan (GGAMP). The subject property, consisting of 4.86 acres, Is
located at the southwest corner of the intersection of Golden Gate Boulevard and Wilson
Boulevard, in Section 9, Township 49 South, Range 27 East, Collier County, Florida.
D. Recommendation to amend the State Housing Initiative Partnership (S.H.I.P.) Residential
Rehabilitation Program through Chapter 114 of the Countys Code of Laws to reflect improved
administrative procedures and organizational changes.
E. Recommendation to amend the State Housing Initiative Partnership (S.H.I.P.) Down Payment
Assistance Program through Chapter 114 of the Countys Code of Laws to reflect improved
practices and organizational changes.
F. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. SE-2006-AR-10283 Scrivener's Error to amend Resolution 2006-157 to
reflect the correct legal description and correct zoning for the subject property located in all
of Sections 35 and 36, Township 47 South, Range 27 East, and all of Sections 1 and 2,
Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846
(Immokalee Road), Collier County, Florida. (A conditional use for earth mining activities)
Page 9 of 10
G. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation that the Board of County Commissioners adopt an
Ordinance amending Collier County Ordinance 90-105, as amended, the Collier County
Contractors' Licensing Board Ordinance.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 774-8383.
Page 10 of 10
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
October 10. 2006
Item 4C: Revisions to this Proclamation have been made with copies distributed and made available for
review. (Staff's request.)
Continue Item 8C to October 24.2006: Recommendation that the Board of County Commissioners adopt 1)
a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and 2) an
Ordinance amending the Collier County Utilities Standards and Procedures Ordinance, Project Number
70202. (Staff's request)
Item 10H: Due to a scrivener's error in Section N Refund Policy of the Resolution for the P&R Facilities
and Outdoor Areas License and Fee Policy, replacement pages 11-14 have been provided. Section N is
being replaced in its entirety and is the only changed section. (Staff's request.)
Move 16B2 to 101: Recommendation to award Bid No. 06-4035 to Quality Enterprises USA, Inc. for the
Riviera Golf Estates Lake Interconnect Fleur de Lis Lane, Project Number 511351 in the amount of $120,000.
(Commissioner Fiala's request.)
Continue Item 16B6 to October 24. 2006: Recommendation that the Board accept a donation from The
Halstatt Partnership for the additional plantings along Golden Gate Parkway up to the amount of
$101,821.89. (Contributor's request)
Move Item 16D3 to 10J and should read (for clarification): Recommendation to waive formal competition to
approve contracting with Weller Pools, Inc. to install a 32-inch diameter, 214 linear feet Aquatube Slide at a
cost of $183,304.25. (Commissioner Fiala's request.)
Note:
Item 8A: This item requires that all participants be sworn in and ex parte disclosure be provided by the
Commission members.
Item 10C: Delete #8 under Recommendations in the Executive Summary which states: Waive the accruing
of fines, in connection with pending Code Enforcement action CEB No. 2004-002, if and when the County
acquires title to the Property. Per Staff, steps have not been taken to do an Imposition of Fines; the Code
Enforcement Board would be the Board to consider waiving the fines. Also, the dollar amount shown on
the agenda index is incorrect ($8,570,000). The correct dollar amount as reflected in the executive
summary is $8,575,000.
Time Certain Items:
Item 10A to be heard at 11:00 a.m.: This item continued from the September 26, 2006 BCC Meeting.
Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee
to implement a Red-Cockaded Woodpecker Compliance Plan. (Staff's request.)
Item 10C to be heard at 2:00 p.m.: Recommendation to approve and execute an Agreement for Sale and
Purchase with Morande Enterprise, Inc., for the purchase of 10.04 improved acres on Radio Road and Davis
Boulevard for Collier Area Transit and Para Transit operations with fleet maintenance at a cost not to
exceed $8,575,000. (Staff's request.)
Item 10E to be heard at 3:00 p.m.: Recommendation to approve an amendment to the Local Housing
Assistance (LHAP) for fiscal years 2004-2005, 2005-2006 and 2006-2007, including new and updated
strategies, an increase in the maximum allowable home sales price, and other changes as required by new
state law and approve all necessary budget amendments. (Staff's request.)
.,...CON
~go
'\,I.,...
..:lQ.)
-.,... OJ
E.....co
Q.)Q.)a..
.......0
-0
CO.....
-o()
C:O
Q.)
OJ
<(
-
~
(j)
+-'
C
Q)
Q..
'0
m Q)
Ci5o:::
C (j)
0-0
m L-
.m ~
E<(
E Q)
o 0
() .-
~c::
+-' Q)
cC/)
:::::s Q)
o Q)
()+-'
+-'
I+-
o
-0
L-
CO
o
CO
co
o
o
N
o
~
L-
Q)
.0
o
+-'
o
o
E
E
o
()
~
L-
o
m
'>
-0
<(
~
ctS
-0
m
CD
:::::s
I-
OJ
c:
:a
c:
~
<(
Q.)
OJ
'0
z
s
-0
"-
III
o
al
~
o
/II
'S;
'l:l
<(
e:: e:: c:
0 o 0
"00 . 00 "00
"!:Q " <II CIl
E E "E
E E E
0 0 0
() ()()
Ig OJ OJ
e:: c:
"2: "2: "2:
c: c: e::
ro ro CO
0:: 0::0::
i?:' i?:' i?:'
c: c: c:
:J :J :J
0 0 0
() ()()
..... ..... .....
~ ~ ~
'0 '0 '0
() () ()
LO LO LO
c:
2>- c:
.!!2 Q.)
Q.) c: "~
-0 -0
<( "- U5
:>.~ .:.::.
-0 :J .....
e:: CO CO
:.::ia.. ~
/II
"-
III
CII
>-
'0
'#:
CII
E
III
Z
Agenda Item No. 3A 1
October 10, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
3A1
Meeting Date:
Advisory Committee Service 5-Year Award Recipients: Lindy Adelstein, Colllef County
Planning Commission, Paul Mldney, Collier County Planning CommissIOn Mark Strain
Collier County Plannmg Commission
10/10/200690000 AM
Prepared By
Paula Springs
Board of Co unty
Commissioners
Executive Aide to the BCe
Date
Bee Office
9/26/20062:04:39 PM
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
Bee Office
9127/20067:53 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners.
County Manager's Office
9127/2006 6: 13 PM
WHEREAS,
WHEREAS,
PROCLAMATION
Agenda Item No. 4A
October 10, 2006
Page 1 of 2
through the efforts of severol campus Student Leadership Organizations,
including the Student Government Association, The Edison College Chapter of
the Phi Theta Kappa International Honors Society and The National Multiple
Scferosis Society- Edison College Internship Progrom, Edison College tnDkes a
unique contribution to the health of non-profit organizations in Collier County:
and,
Student Leadership Organizations have created a tradition of community
involvement for the entire Edison College community. In the fall of each
year, Edison College takes part in the Heart Walk. In 2004, Edison College
had the largest new Walk Team at the Heart Walk. In 2005, Edison College
had the largest Walk Team at 1M Heart Walk. Similarly, in the spring of
each year. Edison College takes part in the MS Walk. For the past two years
(2005 and 2006) Edison College has had the largest MS Walk Team in the
state of Floridalf Present here today to honor Edison College and 1Mse
Student Leodership Organizations are the SW Florida representatives of
the American Heart Association and the National Multip/e Sclerosis Society:
and,
WHEREAS, Edison College is very much a part of the fabric of Collier County.
The work of these Edison College Student Leadership
Organizations in organizing the Edison College faculty, staff ,and
student body to participate in the Heart Walk and MS Walk
makes a direct contribution to the financial health of these non-
profit organizations in Collier County. Of equal importance,
recognizing that Edison College has a centrol role in training the
emergent leadership of Collier County, this tradition of
involvement with non-profit organizations exposes Edison College
students to the unique role that non-profit organizations play in
American life: and,
-
WHEREAS,
WHEREAS,
finally, sitting with the members of the Board of Collier County Commissioners
today is the "Edison College Walks Mascot." This "Cat-in-the-hat" look-alike
was named "Chance" by Edison College students, indicating that helping non-
profits was giving others a needed chance. He has been carried by Edison
Students in all of the Heart Walks and MS Walks: and,
the Board of Collier County Commissioners at this time both acknowledges the
ongoing contribution of Edison College to our community, and returns the
Edison College Walks Mascot "Chance" to those gathered here today from
Edison College to escort him back to the campus for the kickoff of the Edison
College 2006 Heart Walk efforts.
NOW THEREFORE, be it proclaimed that the Board of County Commissioners
of Collier County, Florida, wish Edison College great success in the upcoming
Heart and MS Walks.
OONE ANO OROEREO THIS 10th Oay of October, 2006.
,-...
ATTEST:
BOARO OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIOA
FRANK HALAS, CHAIRMAN
OWISHT E. BROCK, CLERK
Agenda Item No. 4A
October 10, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4A
Meellng Date:
Proclamalion to wish EdIson College great success in the upcoming Heart and MS Walks To
be accepted by a representallve of Edison College.
10/10/2006 9:0000 AM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the BCe
Dale
Bce Office
9128/20064:10:31 PM
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
Bce Office
91291200611:08 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9129/200612:54 PM
Agenda Item No. 4B
October 10, 2006
Page 1 of 2
-
PROCLAMA TION
WHEREAS, The National Association of the Advancement of Colored People
Freedom (NAACP), will hold its twenty- fourth Freedom Fund
Banquet and Awards Ceremony on Saturday, October 2B, 2006,
at the E/ks Lodge; and,
WHEREAS, proceeds of this event will be used to ensure that economical,
political, educational and social equality remain strong within our
community; and,
WHEREAS, the public is invited to attend and share in this celebration of
freedom for al/.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, F/orida that October 2B, 2006, be designated
as
-
NAACP FREEOOM FUNO OA Y
DONE AND ORDERED THIS 10th day of October, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
,-'
Agenda Item No. 4B
October 10, 2006
Page 2 of2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
46
Meeting Date:
Proclamation designating October 28,2006 as NAACP Freedom Fund Day. To be accepted
by Laverne Franklin and Harold Weeks.
10/10/2006 9:0000 AM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the Bce
Date
BCC Office
9/28120064:14:45 PM
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
BCC Office
9129/2006 11 :09 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9129/200612:51 PM
PROCLAMATION
Agenda Item No. 4C
October 10, 2006
Page 1 of 2
-
WHEREAS, traffic crashes cause more than 42,000 fatalities each year and
are the leading cause of death for people ages 6 to 33: and,
WHEREAS, nearly 300 children under 5 years old who were killed in motor
vehicle crashes in 1999 were totally unrestrained: and,
WHEREAS, alcohol-related crashes account for 38 percent of all traffic
fatalities: and,
WHEREAS, poor road conditions and obsolete designs contribute to more than
15,000 highway deaths annually: and,
WHEREAS, deaths and injuries on U.S. highways cost society over $150
billion annually: and,
WHEREAS, safer driving behaviors such as the use of seat belts, not
drinking and driving and obeying traffic laws would dramatically
reduce the number of traffic-related injuries and deaths: and,
WHEREAS, the use of cost-effective roadway safety improvements such as
all-weather signals and markings, traffic signals, skid resistant
pavements and removal of roadside hazards could also greatly
reduce the number of traffic crashes: and,
-
WHEREAS, the continued development of safer vehicles and protective
traffic safety equipment such as helmets will enhance peoples
ability to protect themselves and their families from preventable
and tragic permanent injuries and deaths.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that October 10, 2006, be designated
as Put The Brakes On Fatalities Day(/!) and call upon everyone to
help save lives by spreading these important messages throughout
our communities.
DONE AND ORDERED THIS 10th Day of October, 2006.
BOARD OF COUNTY COMMISSIONERS
COllIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST:
-
DWIGHT E. BROCK, CLERK
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 4C
October 10. 2006
Page' 2 of 2
4C
Proclamation recognizing October 10. 2006 as Put The Brakes On Fatalities Day. To be
received by members of the Collier County Transportation Dept., Collier County Sheriff's
Office, Naples Police Depl. and Florida Highway Patrol
10/10/20069:00.00 AM
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
BCC Office
Date
9/29/2006 11 :09 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
9129/200612:17 PM
Agenda Item No. 5A
October 10. 2006
Page 1 of 2
-,
EXECUTIVE SUMMARY...?
,-'.'.......:.,.,':.'..,"'.:-:...:..
<. '<\:,:,:,<,:-,,::::~<;
. . """:.-,._,:.:""",..:,.,,-,:,,.:<,,-,.:., .
;-;.,- ,:_>:;->,<~/>>";:::",>,,
C'.,; :'i>-':-""i,,::;:;:'_t~
PRESENTATION OF THE AnVISORY COMMITTEE OUTSTANnINGME;MBERAW ARD
TO LAWRENCE BAYTOS; COUNTY GOVERNMENT PRODUCTIVlTYCOMMITTEE.
OBJECTIVE: To recognize and reward an advisory committee member for their outstanding
and dedicated service to Collier County.
CONSIDERATIONS: On September 21, 2004, the Board of County Commissioners adopted
Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for
their significant contributions to the organization and/or community. The respective committees
nominate the outstanding Advisory Committee members and the Awards Committee (same
committee that currently selects the Employee of the Month) evaluates and selects volunteers
from the nomination forms.
AWARD COMMITTEE RECOMMENDATION:
Lawrence Baytos
County Government Productivity Committee
October 2006
-,
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners present the Outstanding
Advisory Committee Volunteer Award to Lawrence Baytos for his work on the County
Government Productivity Committee.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 10, 2006
---
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
5A
Agenda Item No. 5A
October 10, 2006
Page 2 of 2
Presentation of the Advisory Committee Outstanding Member Award to Lawrence M. Baytos,
County Government Productivity Committee
10/10/20069.0000 AM
Date
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Bce Office
9/21/20063:38:07 PM
Date
Approved By
James V. MUdd
Board of County
Commissioners
County Manager
County Manager's Office
9/27/20066:26 PM
Agenda Item No. 5D
October 10, 2006
Page 1 of 2
,""--'"
EXECUTIVE SUMMARY
To Recognize Allen Madsen for his exceptional performance as the on-site
representative of Collier County and ambassador to the public for the Collier
County I City of Naples 2006 Beach Renourishment Project
OBJECTIVE: To obtain approval from the Board of County Commissioners to
recognize Allen Madsen for his exceptional performance as the on-site representative of
Collier County and ambassador to the public for the Collier County I City of Naples 2006
Beach Renourishment Project.
CONSIDERATION: A major player and contributor in the success of the beach
renourishment project is AI Madsen. AI was the on-site eyes and ears for Collier
County, ensuring the beach construction contractor was observing all required
procedures and safety practices, working with beach front hotel managers to minimize
business impacts, serving as our goodwill ambassador and answering the myriad of
questions from our residents and wide-eyed tourists. AI's long hours and full weeks
were a major element in completing the project with a minimum of problems.
-,
FISCAL IMPACT: There is no fiscal impact involved with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners recognizes AI
Madsen for his exceptional performance as the on-site representative of Collier County
and ambassador to the public for the Collier County I City of Naples 2006 Beach
Renourishment Project.
PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of
Human Resources
,-.'
Aoenda Item No. 5D
~October 10, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
5D
Item Summary:
To recognize Allen Madsen for his exceptional performance as the on-sIte representative 01
Collier County and ambassador to the public for the Collier County/City of Naples 2006
Beach Renourishment Project
Meeting Date:
10/1012006 9:0000 AM
Prepa red By
Matt Pylant
Employee Recognition Coordinator
Date
Administrative Services
Human Resources
9111/20062:31:11 PM
Approved By
Jean Merritt
Human Resources Director
Date
Administrative Services
Human Resources
9/11/2006 4: 34 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
9/121200611:55 AM
App roved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
9/13120069:05 AM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
9/13/2006 10:52 AM
App roved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
9/13/2006 11 :43 AM
App roved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
9113/2006 5 :09 PM
Agenda Item No. 5E
October 10, 2006
Page 1 of 2
-
EXECUTIVE SUMMARY
To Recognize Gary McAlpin for his exceptional leadership and management of
the Collier County I City of Naples 2006 Beach Renourishment Project
OBJECTIVE: To obtain approval from the Board of County Commissioners to
recognize Gary McAlpin for his exceptional leadership and management of the Collier
County / City of Naples 2006 Beach Renourishment Project.
CONSIDERATION: Major renourishment of the beaches of the City of Naples, a
portion of Pelican Bay and Vanderbilt Beach was recently completed. The newly
widened beach with high quality sand has received rave reviews by beach fans around
the County. The success of this $24.2M project was in no small part the result of the
outstanding leadership and program management of our Coastal Projects Manager,
Gary McAlpin. Gary provided the direction, oversight and coordination of the many
participants, including the Army Corps of Engineers, FEMA, Florida Department of
Environmental Protection, other federal and state agencies, consultants, staff and
others to bring the project into fruition.
-
FISCAL IMPACT: There is no fiscal impact involved with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners recognizes Gary
McAlpin for his exceptional leadership and management of the Collier County / City of
Naples 2006 Beach Renourishment Project.
PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of
Human Resources
~
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
5E
Agenda Item No. 5E
October 10, 2006
Page2of2
To recognize Gary McAlpin for his exceptional leadership and management ot the Collier
County/City of Naples 2006 Beach Renourrshment Project
10/10/2006 9:00:00 AM
Prepared By
Matt Pylant
Administrative Services
Employee Recognition Coordinator
Human Resources
Date
9/1112006 2:27:06 PM
Approved By
Jean Merritt
Administrative Services
Human Resources Director
Human Resources
Date
9/11/20064:34 PM
Len Golden Price
Approved By
Administrative Services
Administrative Services Administrator
Administrative Services Admin.
Date
9/12/2006 11:54 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
Date
9/13/2006 9:05 AM
Approved By
Laura Davisson
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
Date
9/13/200610:50 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Managemen1 & Budget
Date
9/13/200611:43 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Offi~e
Date
9/14/20064:37 PM
Agenda Item No. 6A
October 10, 2006
Page 1 of 3
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
September 25, 2006
Mr. Richard Gazzerro and
Mr. Thomas Ramsey
5510 Shirley Street
Naples, FL 33990
Re: Public Petition Request to Discuss Code Violations For The Shirley Street Antique
Mall
Dear Mr. Gazzero and Mr. Ramsey:
Please be advised that you are sch'eduled to appear before the Collier County Board of
Commissioners at the meeting of October 10, 2006 regarding the above referenced
subject.
-
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely, _~ /?/
~ ~~--ur
James V. Mudd
County Manager
JVM/jb
cc: David Weigel, County Attorney
Joe Schmitt, CD&ES Administrator
,.-..
Reauest to Soeak under Public Petition
Agenda Item No. 6A
RECEIVEOCO~Wber 10, 2006
_ _ ~~ICE
Please print
SEP 2 2. 2lXI
Name:
ACTION
Address:
\2. I (;.~CI.. If cl <k.. ,..:~...R rrL> l'~ F1L~~J ~d'''
.twJ ~J Wt' ;rl..JLL 557 (] ."JJ')n~JY'
Ivdp/tJ f 1/ '3 L/ 109
Phone: cJ. '3 9- B C; 8- /J 373
Date of the Board Meetinc YOU wish to soeak:
Ie).. i a.... 0'>
Please explain in detail the reason YOU are reauestina to speak (attach additional
pace if necessary):
, uJ~ Q.'f~ (t((:-(IUs..:eI (, 20JlI~J- ~/"Ir.tA('r>? ~
"!...Lrc. ~~M~(, ~fvr-t v<<. t.J1tLdruJ "'-OK('.
B 1.0...1- ~_ ka. 5 ~J_ _ tJ ~h~ U( 14r :s't IhU..
rn~ r ft:<sr '1 ~
Please explain in detail the action yOU are asking the Commission to take (attach
additional pace if necessary):
,W.p'" W II...i I It' (q i f:., h.a. ".-{ 1--1 k-<...( -fo
C1, '"' ~ iLJ us (k..'A-1 ~ kd..t ~ .L41 W .s. f-t ~
~ hy-P <'f.~ ~-;tJV<J ~ 6f---;c..~
{o (,..Pnl~ ~ t],Z . (o('a:hLnJ
,[) r .. <:'!!ff;t ~ .o~ ~ '-4f~ r
//c.r,r-;, b /f'
f
H:\Public Petition Request Form.doc
Agenda Item No. 6A
October 10,2006
Page 3 of 3
SHIRLEY STREET ANTIQUE MALL
5510 SHIRLEY STREET
NAPLES, FLORIDA 33990
September 22, 2006
To: The Board of County Commissioners
From: Shirley Street Antique Mall
Re: Request for a hearing regarding zoning code violations
The Shirley Street Antique Mall has been in operation at the same location Since 1997.
Recently we were cited for code violations including operating a retail store in an
industrial zone. We are next door to a retail store and there are retail stores throughout
the neighborhood. We sell antiques which are re-used and restored items which we
believe makes us a wholesale store. A significant portion of our sales is non taxable sales
to other businesses which have a tax number which we feel makes us a wholesale store.
We are currently seeking legal counsel on these issues. We are requesting a meeting
with the board of County Commissioners to present our case to them. We have been
given a copy of a letter to cease operation of business after September 30 which was sent
to our landlord, Richard Bell. However, to the best of our knowledge he has not yet
received the letter and therefore cannot respond, and will be out of the country and
unreachable until the end of October. Under these circumstances, we also wish to ask for
an extension of this deadline to allow us time to consult with our landlord and legal
counsel.
Thank you, ~ ~
Richard Gazzerro r2~ ~
Thomas RamsetyL-~
cc. Thomas Campbell, Code Enforcement
Agenda Item No. 68
October 10, 2006
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774-8383 · Fax (239) 774-4010 .
September 25, 2006
Nancy Anne Payton
Florida Wildlife Federation
2590 Golden Gate Parkway #105
Naples, FL 34105
Re: Public Petition Request to Discuss Lobby Registration and Disclosure of Lobbyist's
Clients
Dear Ms. Payton:
-
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of October 10, 2006 regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely, ~ ./ /'
as r(z{f-{
County Manager
JVMljb
cc: David Weigel, County Attorney
,-.
ReQuest to Speak under Public Petition
SEP 25 20IIi
Please print
ACTION
Phone:
NtLf/'c'i /llIItViE fl" '(70 J FILE
F(or(~a UJJ.~ ""F~~ <f\ \
2~~o G~/Jet'\ Go.-U t'4fILlL:'u)a-C1 .#" (OS'-
tiff (J L f:: S ::s i.f ( () 5
7~1 - 5/1 C1;
Name:
Address:
Date of the Board MeetinQ YOU wish to speak:
de -t 10 2- 00 (r;,
Please explain in detail the reason YOU are reQuesting to sDeak (attach additional
paQe if necessary):
!o ~~ U~ ~,~~~,J
~ d-fLUd~ i- f~~
~ I..
Please explain in detail the action YOU are asking the Commission to take (attach
additional Dage if necessary):
cr'
F:\DATA\PETITION POLICY FOR PUBLIC PETITION\Public Petition Request Form.doc
Agenda Item No. 6C
October 10, 2006
Page 1 of 3
---
Reauest to Speak under Public Petition
Please print
Name: John Swasey
Address: 160 13th Street N.W. Naples, Florida 34120
Phone: (work) 239-290-5668
Date of the Board Meetina yOU wish to soeak:
10-10-06
Please explain in detail the reason YOU are reauestina to soeak (attach additional
page if necessary): I would like to soeak regardina procedures that are used to
calculate and assess impact fees on residential additions.
,-.
I submitted a buildina permit application around six weeks aao (approximatelv
08-24-06). On 09-14-06. I was informed that the oermit would be ready some
time late next week. When it comes out oftvPina. someone would call me. On
09-22-06 I received a voice mail that the permit was ready and to come bv pay
the impact fees and pick UP the permits. When I came to pick UP the permit on
9-25-061 was informed that the permit was $ 3.986.00. I immediately Questioned
how an 80 SQ ft addition could possibly incur such a hiah fee. I was told that my
house is currentlv 1435 SQ. ft. and the addition Put mv house in the next "tier" of
impact fees. I was provided a copy of the fee schedule and informed that that is
the way it is. I asked to see the person in chal'Qe of the staff for impact fees but
he was unavailable at that time. The next day <09-26-06) I came in to the office
and again requested to see Mr. Joe Schmitt and after 35 minutes I was allowed
to speak with him. After explaining the situation and that I felt this was
excessive. he stated that the fee calculation method was expresslv dictated by
the county statutes and he had no way to chance it as it was dictated bv the
Board of County Commissioners. I asked Mr. Schmitt for a cOPV ofthis policv
and any other internal policies that are written in reaard to this matter. He
advised me there were no other written policies and that the statue was clear on
how to calculacate the fees. He did direct the office staff to provide a coPy of the
statute. This was provided alona with a short fee calculation for mv addition.
..--.
I have reviewed the copies of the statutes that were provided to me. Statue
Sec. 74-201(cl Change of Size or use. Item (2) states. "In the event of
SQuare footage of a use or building is increased. the imDBct fee shall be
calculateel onlv for the net Incf8lJSed SQuare footage." I interpret this to
mean that the impact fees should onlv be assessed on the increased amount of
square footaae. However impact fees are being assessed on a tier system
where an addition of 1 foot or 999 feet within the tier is to be assed the same fee.
i.e. 1500 to 2499 have the same dollar assessment. In my case the actual net
increase is onlv 80 ftu but because the total square footaae crosses into another
tier. I was assessed the full amount of the hiaher tier rate.
C:\Oocuments and Settings\brock_rn\Local Settings\Temporary Internet Files\OLK6B\060927 Public Petition Request
Fonn.doc
Agenda Item No. 6C
October 10, 2006
Each tier is a 1000 ft. tear and should be adiusted for net footaae as provided irPage 2 of 3
the statute. Thus the fee should be 3.86573 multiplied bv 80 feet and eaual
$309.26 impact fee. As it stands this imoact fee as charaed is over 400.00 per
SQuare foot. or $3865.73 which is unreasonable bv any standards.
We have paved the fee as it is the onlv way to have our proiect move forward.
this does not. however. bv any means. make it riaht. Staff has stated there is
nothina they can do as it is the interroretation they have. I have asked for the
staff auidance or policies in writing pertaining to this matter and as of close of
business of 09-27-06 have not received it. I have reauested a meeting with the
county manager Mr. Mudd to discuss this and will hooefullv resolve this issue at
the management level. However. at this time it too has not taken place.
On a further note. I had decided to pay the fee so as not to hold UP mv proiect
but when I had a check drawn for the amount indicated on the Impact fee form I
was told there were more fees not shown. and the actual fee was $4.508.57 this
is becoming very frustrating as I now have had ao to have a replacement check
drawn and in addition the permit pickup office had misplaced the permit. takina
45 minutes to locat it. I arrived at 3:15 and as soon as I started to leave the
window was closed and I had to come back the next day. The permit was finallv
purchased on 9-27-06. This situation has reauired numerous trips to and
converstations with the building oermit office. wasting mv valuable time.
Please exolain in detail the action YOU are asking the Commission to take (attach
additional page if necessary):
Re-examine the statutes and develop a more equitable way to assess impact
fees that are in accordance with those statutes. The current manner of
assessing fees in a tier structure does not meet the requirements of the statutes.
Fees should be calculated based on the net increase of square footage as
stated. This will provide fair and reasonable fee to the homeowner.
Thank you.
John Swasey
C:\Documents and 5ettings\brock_m\Local Settings\Temporary Internet Files\OLK6B\060927 Public Petition Request
Form.doc
Agenda Item No. 6C
October 10, 2006
Page 3 of 3
~
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
September 29, 2006
Mr. John Swasey
160 13th Street tNV
Naples FL 34120
Re: Public Petition Request to discuss impact fees
Dear Mr. Swasey:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of October 10, 2006, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building KF") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further infonnation or assistance, please do not hesitate to contact this
office.
Sincerely,
JVM/mjb
cc: David Weigel, County Attorney
Joseph Schmitt, Administrator, Community Development
Amy Patterson, Impact Fee Manager
Agenda Item No. 8A
October 10, 2006
Page 1 of 21
,-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners deny Petition A VESMT -2006-
AR-9918, which seeks to vacate the County's and the Public's interest in Gulf Shore Court
and a portion of Center Street, according to the plat of "Vanderbilt Beach Center," as
recorded at Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more
specifically described in Exhibit "A."
OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution denying
Petition AVESMT-2006-AR-9918, which seeks to vacate Gulf Shore Court and a portion of
Center Street, according to the plat of Vanderbilt Beach Center, as recorded in Plat Book 3, Page
16, Public Records of Collier County, Florida.
CONSIDERATIONS: This matter appears to have a long and involved history.
_ Vanderbilt Properties, Inc. ("Owner") owns a number of parcels located across the
street from the new County parking facility on Vanderbilt Beach Road. A Collier County
Property Assessor aerial map is attached showing the property.
- The Owner is desirous of redeveloping the property. Their proposed development plan
requires the vacation of portions of Collier County right-of-way known as Center Street and Gulf
-- Shore Court.
_ These rights-of-way were acquired in 1954 by plat dedication to the public, as part of a
subdivision known as "Vanderbilt Beach Center" (Plat Book 3, Page 16).
- A letter dated March 23, 2005 (copy attached) to the Owner, jointly signed by Marla
Ramsey, Norman Feder and Joseph Schmitt, stated in relevant part as follows: "With respect to
the referenced property, which is related to the proposed Parking Lease Agreement, please be
advised that Collier County's Transportation Department will assist you in its best efforts in the
road vacation process...It is understood that all of the subject road is to be vacated with no
remainder under county control.. . Furthermore, Collier County's Community Development
Services will make review of the Site Development Plans (SDP) process for this property a
priority. "
- At a Board hearing on April 26 2005, a Lease Agreement was entered into between the
Owner and the County (Agenda Item No. 16D1) in which the owner, "in community-minded
spirit" and at no rent, leased a portion of its property to the County as a temporary parking area
for beach goers and to provide a staging area for the construction company building the new
County parking garage. N either the Agreement nor the accompanying Executive Summary
mentioned the proposed road vacation or the expedited review process. County staff s position
is that the Owner did not provide the stabilized parking area promised in the Agreement.
--
- Collier County Resolution 2006-160 sets forth the current policy and procedure for
vacating a road right-of-way. An essential requirement in this process is a letter of no objection
from each of the adjacent property owners. The Owner of the OaRuMa restaurant, which fronts
Agenda Item No. 8A
October 10, 2006
Page 2 of 21
Center Street, has long opposed this vacation. In an apparent effort to avoid this issue, the Owner
has requested that only half of that portion of Center Street which fronts the DaRuMa Restaurant
be vacated. Section 6.06.01(L) of Collier County Land Development Code (copy attached),
however, specifically prohibits a half or partial street except under limited circumstances, none of
which are applicable in this situation.
_ A Petition to Vacate was submitted to the County by RW A, Inc., as agent for the
Owner. Staff believes that the Petition is defective as (1) it failed to include the required Letter
of No Objection from the owner of the DaRuMa Restaurant; and (2) it seeks the vacation of a
half-street.
_ The procedure for vacating County right-of-way is set forth by Florida Statute, as
supplemented by written County Policy and Procedure, a copy of which is included as part of
this package. The procedure is not set forth in either the Collier County Code of Laws and
Ordinances or Land Development Code. Accordingly, for staff to simply reject the Petition to
Vacate would leave the Owner with no defined appeal process. Given the importance of this
matter to the Owner, the County, and to at least one adjacent property, staff is bringing this issue
to the Board for its consideration by this Executive Summary.
Synopsis of Law of Vacation of Public Right-Of-Way
Florida Statutes S336.09 provides that County Commissioners, at a public hearing, ''with
respect to property under their control may in their own discretion... upon petition of any person
or persons, are hereby authorized and empowered to.. . renounce and disclaim any right of the
county and the public in and to land.. . delineated on any recorded map or plat as a street,
alleyway, road or highway." Right-of-way acquired by dedication to the public by plat is not
. owned in fee by the County; it is instead an easement. Accordingly, following the vacation of a
public right-of-way acquired by plat dedication, the easement is extinguished, and the abutting
property owners would then have the unencumbered fee title up to the center of the former right-
of-way.
The Attorney General has opined (AG 78-118) that "if the general public is using the
roads and streets in question (including public service vehicles such as garbage trucks, police,
fire, or emergency vehicles), then the county should not close or vacate the roads or streets in
question if such vacation would be injurious to the public welfare or violate individual property
rights... Hence, absent a determination by the county commission that the general public welfare
would benefit from vacation, it should not be accomplished, and in any event, the roads or streets
can be vacated only in accordance with the statute..." The Attorney General further noted that
"a right of access to one's own property is a property right. Hence, an abutting fee owner may be
entitled to compensation from a public body when it closes or vacates a public street for the
consequent loss of such access on the theory that a property right has been taken without
compensation. "
..-
Accordingly, should the Board decide to grant the petition to vacate, consideration should
be given to doing so by (1) vacating all of Center Street, which avoids the LDC half-street issue,
and (2) requiring as a condition to such consent, that the Petitioner agree to first enter into a hold
Agenda Item No. 8A
October 10, 2006
Page 3 of 21
harmless agreement with the County, drafted by the County Attorney, which would indemnify
Collier County against any claims made in connection with the requested vacation.
FISCAL IMPACT: Engineering Services has collected the required $1,000.00 "Petition to
Vacate" fee from the petitioner. Although there would be no fiscal impact associated with this
Executive Summary, staff has estimated the fair market value of the subject right-of-way at
$1,135,000.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
ENVIRONMENTAL ISSUES: There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological
impacts.
LEGAL CONSIDERATIONS: The attached Resolutions were prepared and approved by the
Office of the County Attorney.
RECOMMENDATIONS: That the Board of County Commissioner adopts the attached
Resolution denying Petition A VESMT -2006-AR-9918 for the reasons outlined above.
PREP ARED BY: Jeffrey A. Klatzkow, Managing Assistant County Attorney
-.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8A
October 10, 2006
Page 4 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
SA
Recommendation that the Board of County Commissioners deny Petition AVESMT .2006.AR-
9918, which seeks to vacate the Countys and the Publics Intereslln Gulf Shore Court and a
porHon of Center Street. according to the plat of Vanderbilt Beach Center, as recorded at Pial
Book 3. Page 16. Public RecordS at Collier County, Flonde, and as more specifically
described In Exhibit A.
10/10/2006 900:00 AM
Assistant County Attorney
Date
Prepared By
Jeff Klatzkow
County Attorney
County A.ttorney Office
918/2006 1 :06: 56 PM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
9/9/2006 4:35 PM
Jeff Klatzkow
Assistant County Attorney
Date
Approved By
County Attorney
County Attorney Office
9/1212006 8:05 AM
Marla Ramsey
Public Services Administrator
Date
Approved By
Public Services
Public Services Admin.
9/12/2006 11 :30 AM
Norm E, Feder, Alep
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
9/1212006 2:40 PM
David C. Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney Office
9/2812006 2:42 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
9/28/2006 3:42 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
9/28/20064:42 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9/28/20067:29 PM
Print Map
Agend~Hl1S1 ffif SA
OctooeT' 10, '2b06
Page 5 of 21
@ 2004_ Collier County Property Appraiser_ While the Collier County Property Appraiser is committed to providing the mos: accurate and up-to-date information, nc
tor the data herein, its use, or its inlerprelation_
http://maps.collierappraiser.comlwebmap/mapprint.aspx ?ti tle=&orient=LANDSCAPE&pa... 5/10/2006
'.
.'
Agenda Item No. 8A
October 10, 2006
Page 6 of 21
COLLIT.?D C'O'U" 'NI"1"'V'C"A1..i
, '" .. .J;JiJ.:~ ..' .' .,: :,1, .t '{~0v,
.DwrrsrONOFPtrBUC'S,El~ '."
, .,', 'A'D~' ':rR:""",.TtON ", .
_ " _ '~":'., 'ii.'., !:~.,. L .:;.::. ',. !..:;.:," -- .,,'
- -. - ',"' , -~ ,- .". . -' -;. ' -' ".~-' ,,", ::,; .- . '.
.
.e,
Agenda Item No. 8A
October 10,2006
Page Tof 21
,; ~ .
,1-.
11.... .~..~
JJ;"~i. ".:ll
~'"
., :.-
-
'''1""
.c."':__ m-.:."'!':'
^"""'"~"_"'__,n'_'_;;;'" ..~.._
::..:. ."!,:.
~~~ .;;~fIlr,",.:,;...::~;..Ji::~~f ..;
"^..,....'-,;..,.:'t
RESOLUTION NO. 2006- _
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION NUMBER AVESMT-2006-
AR9918, SEEKING THE VACATION OF THE COUNTY'S
AND THE PUBLIC'S INTEREST IN GULF SHORE COURT
AND A PORTION OF CENTER STREET ACCORDING TO
THE PLAT OF "VANDERBILT BEACH CENTER" AS
RECORDED AT PLAT BOOK 3, PAGE 16, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
WHEREAS, pursuant to Section 177.101, Florida Statutes, RWA, Inc., as agent for the
petitioners, Vanderbilt Real Estate Holdings, Ltd., has requested the vacation of Gulf Shore
Court and a portion of Center Street, according to the plat of "Vanderbilt Beach Center" as
recorded in Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more
specifically described in Exhibit "A"; and
WHEREAS, the Board of County Commissioner has this day held a public hearing to
consider vacating Gulf Shore Court and a portion of Center Street according to the plat of
"Vanderbilt Beach Center," and notice of said public hearing to vacate was given as required by
law; and
WHEREAS, the Board of County Commissioners has found as a matter of fact that
satisfactory provisions and arrangements have not been made concerning all applicable matters
required to disclaim, renounce and vacate the County's and the public's interest in Gulf Shore
Court and a portion of Center Street for the reasons set forth in the record of the proceedings
before the Board, including, but not limited to, the petitioner's failure to obtain letters of no
objection from all adjacent property owners; that the resultant "half street" would violate
Subsection 6.06.01(L) of the Collier County Land Development Code; and that the general
public welfare would not benefit from this proposed vacation; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board has fully considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. For the reasons set forth above, Petition Number AVESMT-2006-AR99 I 8,
Vanderbilt Real Estate Holdings, Ltd., applicant, represented by RW A, Inc., with
regard to the vacation of the County's and the public's interest in Gulf Shore
Page 1 of2
Agenda Item No. 8A
October 10, 2006
Page 8 of 21
Court and a portion of Center Street, according to the plat of Vanderbilt Beach
Center, is in all respects DENIED.
2. This Resolution relating to Petition Number A VESMT-2006-AR9918 shall be
recorded in the minutes of this Board.
day of
This Resolution adopted after motion, second and majority vote favoring same this
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Page 2 of2
Agenda Item No. SA
October 10, 2006
Page 9 of 21
Agenda Item No. SA
October 10, 2006
Page 12 of 21
COLLIER COUNTY
DAVIDC. WEIGEL
COLLIER COUNTY ATTORNEY
July 7, 2006
Heidi F. Ashton
Ellen T. Chadwell
Colleen M. Greene
Jacqueline W. Hubbard
Jeffrey A. Klatzkow
William E. Mountford
Thomas C. Palmer
Michael W. Pettit
Marjorie M. Student-Stirling
Scott R. Teach
Robert N. Zachary
2800 North Horseshoe Drive
Suite 300
Naples, FL 34104
Telephone: (239) 213-2939
Facsimile: (239) 530-6600
Dwight Nadeau, Planning Manager
R W A Consulting, Inc.
6610 Willow Park Drive, Suite 200
Naples, Florida 34109
Re: Request to vacate Center Street
Dear Mr. Nadeau:
In furtherance of our discussions as to the possibility of Collier County vacating all or a
portion of the right-of-way adjacent to your client's property, this Office has fully researched the
feasibility of your request, has had extensive discussions with staff, and offers the following
comments:
Collier County Resolution 98-465 sets forth the current policy and procedure for vacating
a road right-of-way. An essential requirement in this process is a letter of no objection from each
of the adjacent property owners. It is our understanding that one of the affected property owners
refuses to provide this authorization. Without such as authorization, staff cannot process this
request to vacate. The procedural alternative to this administrative process is for the owner to
present his request directly to the Board of the County Commissioners through the "Public
Petition" process. The County Manager's office can assist you in this regard.
With respect to your proposal that the County vacate half of Center Street, be advised that
Section 6.06.0l(L) of Collier County Land Development Code specifically prohibits a half or
partial street except when it is essential to the reasonable development of the property. Should
you elect to go before the Board, you may need to be prepared to address this issue, as well as
whether there would be sufficient right of way left after the partial vacation to meet Code.
Additional, as we previously discussed, as a condition of approval, this Office may recommend to
the Board that the property owner enter into a hold-harmless agreement indemnifying the County
against any claims resulting from its agreeing to vacate Center Street.
Please feel free to all me at 774-8492 with any questions.
r
Since'S' lUIS,
Jeffrey I Klatzkow
Assistant County Attorney
Welsl1
Companies Florida, Inc.
Agenda Item No. SA
October 10, 2006
Page 13 of 21
Commercial Real Est.:tte Ser\'ices
.2 4 (~'.I :\ i :1 :- h ~ I : {~ ~ t 'I, ( : r', '-.~,: l j ,l 1
'\:. ~'l f1 i i. s. r'), , r 1 ;~ ,1 '7;...t ~ c: -:,
~ J lj .2 h 1 . ..:J i .....; f- ~ \. :"'... :: t'::; ..f 1 ..f ::
April 24, 2006
Mr. Fred W. Coyle
Chairman
Board of County Commissioners
Collier County, Florida
Re: Vanderbilt Properties, Inc. - SOP
Dear Mr. Coyle,
We are writing to you virtually one year from the date in which we entered into a lease with the County to
use the vacant land we own at the corner of Vanderbilt Beach Road and Gulf Shore Drive for temporary
parking and a staging area for construction of the County's parking garage. In years past. we have
allowed the county to use the area for beach re-nourishment programs in addition to this lease. all al no
charge, or as Article 3 of the lease reads, "In community-minded spirit the lessor will not require rent".
What we did ask for was an expedited SOP and building permit process so we could build the hard
surface lot the County was going to use. Please see the attached executive summary. Gulf Shore Court
and Center Street were to be vacated and made a part of the entire property. There is no water
management infrastructure on these roads and they flood over every year in rainy season. Norm Feder of
your Transportation Division therefore has asked for these roads to be vacated and that we would provide
all of the drainage infrastructure in accordance with the SOP. We had asked for only half of Center Street
to be vacated, as the owner of DaRuMa's is the adjacent land owner. I believe the County \vanred it all
vacated in order to properly have us install the infrastructure. Additionally, we have found that
DaRuMa's building is right on the property line with no setbacks,
Well, after almost a year of SDP process, but no progress with DaRuMa for the vacation to Center Street.
I met with Transportation in mid-March. The vacation of easement process requires that letters of no
objection be obtained from all entities that have interest in the right-of-way. and not being able to get the
owner of DaRuMa to sign off on the vacation request; which by the way could have resolved his setback
encroachment. no application was able to be submitted. When this was explained to Mr. Feder. he called
in Mr, Hendricks to ask that the County abandon the right-of-way pursuant to the language in the lease
agreement that the County made "promises" to assist. Mr. Hendricks met with the County Attorney's
Office to initiate the abandonment process, and was told by JeffKlatzkow that the County was not going.
to take any action to assist. Please see the March 21, 2006 e-mail attached from Dwight Nadeau to Don
Scott.
We have tried to work with County staff on all such matters, however we feel we cannot rely on
"promises under the lease". It seems no one has taken this issue with any sense of responsibilty to see it
through at the County. The SOP submittal number is AR-7719. I am available to discuss these matters at
your convenience in more detail, or supply you with supplemental information. Your help in resolving
this matter is greatly appreciated.
Best 1egardS'j' !
" I r-rt
.., I"
/ ',' I ; ',.'
"'f....... < ~ -,-<., &.,..' \.1 I ...' 0.......... ..J
George Vu~obratovieh
Development Partner
V anderbi It Properties, J nc.
Cc: John Waters - President
Dwight Nadeau - R W A, Inc.
Apr-26-06
09:39am
From-Col I ier County Attorney
+7740225
T-431
Aqenda Item No. SA
p .lJll~~HdJbef~8 2006
rl1g!=la~ 14 of 21
George Vuko
From:
Sent:
To:
Cc;:
Dwight Nadeau [dhn@consult-rwa_com]
Tuesday, March 21, 2006 9:15 AM
DcnaldScott@colliergov.net kevinhend rick.s@colliergov.net
normanfeder@colliergov.net; George Vuko; Aaron Schimmel; Carolina Matiz-Pardo; Shannon
Orlendini; Dalas Disney; Roger Carter; John Hilton
Subject: Center street Vacation of ROW
Good Morning Gentlemen,
After hearing that the County Attorney's Office (Jeff Klatz.Kow), opined that the County need not t2lke any action to
resolve the Center street vacation of ROW issue to benefit both the County and Vanderbilt Property's, Inc.. we
must pursue the vacation of ROW as originally depicted on the parking Lease Agreement, attached hereto. While
this was not the desire of the County Transportation Administration Division, who wanted the entil'Q Center Street
R.OW abandoned, we are left with no alternative. While the abandoninglvacating that portion of Center Street
depicted on the attached exhibit will provide for limited drainage improvements through the Vanderbilt Properties'
SDP", the COt.lnty will.still be. obligated for malntenance cfthe remaining portion of Center Street. in front of the
Da Ru Ma restaurant. Please consider this e-mail fonnal notice that we are proceeding forward with the intent to
vacatelabarldon the portion of the Center Street publio ROW as depicted on the parKing Lease Agreement
between the Soard of County Commissioners and Vanderbilt Properties. lnc_ Should the Co~nty Transportation
Administration Division find it ap~ropriate to comment. or offer suggestions related to this e-mail, or the overall
matter at hand, please do so in an expedited manner.
Thanks,
Dwight Nadeau,
Planning Manager
RWA, Inc.
6610 Willow Park Drive
Suite 200
Naples, Florida 34109
off: 239.597.{)575
fax: 239-597-0578
80th Dwight NadeaJ.! and RWA, Inc. intend that this me~Rge be tlsecl
exclusively by the addressee(s). This message may contain inrormacon \hat
is privileged, confidential and etxempt from di$Closure under applicable law.
l,)nauthorized disclosure ()( use of tl1is information is slr!ctly prohibited.
If you h!'Ve received this communication irl error, Please permanently dispose
of the original message and notify Dwight Nadeau immediately at the phone
number nsted above.
3/2112006
El3/ Ell/ 2006 01 : 59
9414030977
WELSHC:[)ypANIES
AgendaFj~ N~~t~2
October 10, 2006
Page 15of21
Agenda Item \Ie. 16D1
Aoril 26. 2005
. Page 1 of 7
EXECuTIVE SU'MMARY
Recommendation to JlPProve B. Lease Agreement with Vanderbilt Properti.a, In~. for 1l!1e of
vacant land to b~ used for temporary parkiJl.g and a eODStnlctioD Jta.gina ax-ea without cost
to the COUDty.
OBJECTTVE: To obtain approval by the Board of County Commissioners and execution o'fthe
Lease Agreement (Lease) 'witb Vanderbilt Prope:-ties~ Inc, for vacant land to be us~d for
temporary parking axlQ a. staging area. during COilStrum:iO~ of the County's parking deck: Jtt
VandeT'bilt Beach.
CONSIDERATION: Vancle.Jbilt Propcr1ies, Inc. has agreed to enter into a: Lease Agreement
with Collier County fur use of vacant land lOCB!oo at ftle comer of Vmcierhilt Beach Road and
Oc1fshore Court. The subject property will provide approximately 120 parking spaCes for beacb
attendees. A portion of the subject property will also be llIled as a staging area for constra(~on
materials that will be used for 1he psr.king deck the County is proposing to construct a': the
COUlIty-oWlled property at Vanderbilt Beach.
In the spirit of community mindedoess, Vanderbil1 Properties, Inc. (Lessor) will not requir<: the
County to pay rent for utilizing the property. Collier County looks at this offer as a faVOJable
gesture to the County and to the cOImmmity. The lease term will be: for one year, which ;hall
commence on the date in which the County is issued a building permit for the parking deck. The
Lease also includes one 1hree~month extension to the term should tbe County require additional
use of the property.
Without my cost to Collier County, the Lessor will improve the subject property with a ;iQlid
l>lJI"fuce material suitable for vehicular parking fQ1" a mioimuro of 120 vehicles. The Lessor will
adhere to all Collier County codes, that may include, but not be limited to, stoI:tl:rw'lltl'J1",
landscaping and lighting requirements for the development of this site.
The attached Lease Agreen;lexIt has been reviewed and approved by the Parks and Recreation
DepiiU"tmeIlt,. Risk Management Depll1iment and the Office of the County Attorney.
JilSCAL IMP ACT: There is no cost associated with this Lease.
GROWTH MANAGEMENT: There is no impact on the CO'lmty's long-:range planning effOrt.
RECOMM:ENDA TIQN: That the Board of County Commissionc::rs approve and authoriz: the
Cbairmml. to execute the attached Lease Agreement with Vanderbilt Properties, Inc. per.tdiJ:lg
final revIC'W by the Office of the County Attorney if Don-policy revisions are required.
Prepared by: Michael H, Dowling, Senior PropertY Ma1,)agement Specialist
a3/B1f20BG 01:55
9414030977
WEL..5HCOMPANIES
Lease #
PAGE B6/J,Ailgenda Item No. 8A
16 D 1 October 10, 2006
Page 16 of 21
Cj .;L. (j.
:...
LEASE AGREEMENT
THIS LEASE AGREEMENT =ntered into thi~(P I' ~ay of ~r :L -J 2005,
between V ANDERBJLT PROPERTIES, INC., a Florida Corporation, whose ailtng address IS
c/o Susan Hanson, 15 South 51h Street, Suite 900, Minneapolis, MilUlcsota 55402, hereinafter
referred to as "LESSOR," and COLLIER COUNTY. a political subdivision of the: State of
Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, tlereinafter
referred as "LESSEE."
WITNESSETH
In consideration of the mutual covenants contained herein, and other 'valuable
consideration. the parties agree as follows:
ARTICLE 1.
Pcmlised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the
property described in Exhibit '!A" which is attached and made a patt of this Lease, hereinafter
referred to as the "Demised Premises", in order to provide a temporary parking area for beach
goers and to provide a staging area for the construction company building 1he LESSEE'S parking
garage which is located llearby.
LESSEE covenants L'ld agrees not to use, occupy, suffer or permit said Demised
Premises or any part thereof to be used or occupied for any purpose contrary to IltW or the rules
or regulations of any public authority.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for a term of one year, commencing
'on the date in which !..ESSEE is issued a building permit for the proposed parking giLl'age to be.
placed on LESSEE'S property which is adjacent to the Demised Premises. If LESSEE'S
construction should be completed prior to the one-year lease term, LESSEE shall have the right '.
to terminate this Lease by providing LESSOR with thirty-day written notice of such tennination. :
If LESSEE'S construction sbould not be completed by the end of the one-year I,~ase term,
LESSEE shall be granted to the option, provided it is not then in default of any of tl1e terms of.
this Lease, to renew same for an additional three months, under the terms and conditions as
provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less
than thirty days prior to the expiration of the leaSehold estate hereby created. Said notice shall
become effective upon actual receipt by LESSOR. . .'
ARTICLE 3. &m1
In community-minded spirit, the LESSOR shall not requirC rent from LESSEE for this :
Lease and LESSEE'S use of the Demised Premises. LESSOR acknowledges that :LESSEE'S :
promises under this Lease are sufficient consideration to lESSOR to render this Lease._ .
mutually binding on both parties hereto. .. ,. . :
ARTICLE 4.
Other E,mcnses and Charges
LESSEE shall pay a.ll janitorial services, utility charges and maintenance of parking , .
surface pertaining to the Demised Premises. .
ARTICLE 5.
MQdificaticms to Demised Premi!l!cs
LESSOR shalt pT'OVide LESSEE with a minimum of 120 parking spaoes for beach ·
attendees' vehicles. Without any cost to the LESSEE, LESSOR shall improve tho: Demised
Premises with a solid surface, in a material selected by LESSOR, which material is !uitable for
. ;. _ th~S~bj~~~~i~l~ P~~8':.. .
:
63/61/2ee5 61:55
9414036977
WELSHCOMPANIES
PAGE a7/~enda Item No. 8A
October 10, 2006
Page 17 of 21
LESSOR covcnants ,and agrees in connection with any maintenance, repal~D 1
erection, construction, improvement. addition or alteration of any authorized modifications.
additions or improvements to the Demiscd Premises, to observe and comply with all then and
future applicable laws, ordinances. rules, regulation, and requirements of the United States of
America, StaLe of Florida, County or Collier, and ,\ny and all governmental agencies having
jurisdiclion over the D.:mised Pn':l11ise:>.
If LESSEE should elect 10 make any improvements at the Demised Premises, prior to
, making any sllch chang<:s, alterations, additions ()r improvements, LESSEE will provide to
LESSOR all proposals und phms for alLeraLions, improvements, changes or additions to the
Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and
extcnt of each desired alteration, improvement, changc, or addition, along with the cOlltemplated
slarling .ll1d completion Lime for all of the same. LESSOR or its dcsignee will then have thirty
(30) days within which to approvt: or deny in writing said request for changes, improvements,
altet-aLions or additions. LESSOR shall not unreasonably withhold its consent to r:quired or
appropriate alterations, i1llprovcl11cnlJJ, changes or additions proposed by LESSEE. If after thirty
(30) days there has been no written rejection deJivereu by LESSOR to LESSEE reg~ITdin&..sajd
proposals or plans, then slIch silence shall be deemed as an APPROVAL to such reqllest of
LESSEE.
LESSEE covcnanls and agrees in connection with any maintenance, repair work,
erecLion, consLruction, improvement, addition or altemtion of nil modi ticalions, additions or
improvemenLs by LESSEE 10 the Demised Premises, to observe and comply with all then
applicable laws, ordinances, rules, regulation, and requirements of the Ul1itcd States of Amcrica,
SLate of Florida, Counly of Collier, and any and all governmental agencies having jurisdiction
over the Demised Premises.
,All alterations, improvements, and additions to said Demised Premises shall at once,
when made aT installed, be deemed as attached to the Freehold and to have become property of
LESSOR. Prior to the termination of this Lease, including any renewal tenn,thereof; or within
thirty (30) days thereafter, if LESSOR 50 directs, LESSEE shall promptly remove all such
additions, improvements, alterations, tixtures and installations which were placed in, on or upon
the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and
repair any damage occasioned to the Demised Premises by such removal and in default thereof,
LESSOR may complete said removals and repairs at 'LESSEE'S expellse.
ARTICLE 6. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right
after reasonable oral notice (estimated to be one hour or less) to LESSEE, in each instance, to
enter into and llpon the Demised Premises or any part thereof at all reasonable 110UTS for the
purpose of examining same or making repairs, or janitorial service therein, and for !l,e purposes
of inspection fOT compliance with provisions of this Lease Agreement.
ARTICLE 7.
Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part
of the Demised Premises, or to permit any other persons, other than another County agency, to
occupy same without the prior expressed written consent of LESSOR. Any such as!:ignment or
subletting. even with the consent of LESSOR. shall not relieve LESSEE from the temlS,
conditions and covenants of this Lease.
ARTICLE 8.
Indemnity and Insurance
To the extent legaJly possible. thc parties will continue the insurance arrar,gements in
effect at the time of the commencement of this Lease.
ARTICLE 9.
Maiotenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises tidy at all times.
If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE wi1l be so
advised in writing. If corrective action is not commenced by LESSEE within ten (10) days of the
2
.-
03/61/2006 01:55
PAGE 68/A~enda Item No. 8A
" October 10, 2006
receipt of &lICn notice, LESSOR will cause the same to be cleaned and corrected and LESSEE Page 18 of 21
shalt assume and pay all necessary cleaning costs and such costs shall constitute rent whflh lILaIn 1
be paid by LESSEE within thirty (30) days or receipl of written notice of costs inc.l.eO:LI
LESSOR.
9414630977
WELSHCOMPANIES
"'"
ARTICLE 1 O.
DefoulL ~ LESSEE
Failure of LESSEE to comply with any provision of this Lease shall constituttl a default
and LESSOR may, at LESSOR'S option, terminate Lhis .Lease after thirty (30) days wolten notice
to LESSEE, unless the default be cured within that notice period (or such additional time as is
reast)\lably required Lo correcL such default), .
ARTICLE 11. Default bv LESSQB
LESSOR shalt in no event be charged with defllLllt in tl1e perfonnance of any of its
obligations hereunder unless and until LESSOR shl1\1 have failed LO perform such c,bligations
within ninety (90) days (or such additional time as is reasonably required to correct sUl:ll default)
after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed
LO perform any such obligations.
ARTICLE 12. Notices
Any notice which LESSOR or LESSEE may be req\lired to give to the other party shall be
in writing to tile other parLy aL the following addresses:
LESSEE:
Board of County Commissioners
c/o Real Estate Services
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
LESSOR:
Vanderbilt Properties, Inc.
c/o Karen Hanson
15 South 5'h Street, Suite 900
Mil1neapolis, MN 55402
Copy to: Office of the County Attorney
Director, Parks and Recreation Dept.
ARTICLE 15.
Surrender ofpremise;:;
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Premises upon expiration of this Lease, including extensions, or its earlier terminatic,n, broom clean
and in as good condition and repair as the sarne shall be at the commel1cement of the term of this
Lease or may have been put by LESSOR or LESSEE during the conlinuancc thereal: ordinary wear
llnd tear and damage by fire or the elements beyond I...ESSEH'S control excepted.
ARTICLE 16. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any orher business or
agency situated in Collier County, and LESSOR acknowledges that any special security measures
deemed necessary for additional protection of the Demised Premises snail be the sole responsibility
and cost of LESSEE and shall involve no cost or expense to LESSEE.
LESSEE expressly agrees for itself: its SlIccessor and assigns. to reftain from any use of the
Demised Premises which would interfere with or adversely affect the oper:ltlon ot' maintenance of
LESSOR'S standard operations.
ARTICLE 17. Effective Date
This Lease Agreement shan become effective upon execution by both LESSOR a.nd LESSEE.
ARTICLE 18. 90vernimz Law
This LCa$e Agreement shall be governed and construed in accordance with the laws oflhe State of
Florida_
3
03/61/2605 61:55
9414636977
WELSHCOMPANIES
PAGE a9/~enda Item No. 8A
-.L 6 D 1 October 10, 2006
Page 19 of 21
AS TO THE LESSEE:
TN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seats.
DATED: ./1 .,;;;. ~ r;:.2 () u ~-
.., "',..,'
. '-.ll, I l=- bI..t't"r.,!;
ATTESlt' ........... ~;-.
DWTC1tfr.~.~O~~...~rk
.:,., c..": . 1"'\;' .~I.I... :.- "';... ..-
By.E ::~~.hl~J3 iL 'N.rM.
~wY.~I~8i!i~~!I
........' .' ~:~ .t'lli..1.....~. ..
11!I'<:"'l'iBn{l'll"""":~' :'
.t........ ~....lj..;.. .......;.
. \h~~"~.";' .
AS TO THE LESSOR.;
DATED: ~-IS--llS
AT~UX' f)1f~
"Pl..\21'\oi $C. w~ Secretary
A~~?~
~TNESS (signature)
Lou ~rG~CI~
w
c.tO~~(. V!.ll,e';t'.~~"itl+.
print name
Approved as to form and legal sufficiency:
};\M- PJ~
Thomas.c. Palmer
Assistant County Attorney
BOARD OF COUNTY COMM1SSTONERS,
COLLIER COUNTY, FLORIDA
-1,. ^ ~
BY: ?~~W.
FRED W. COYLE. Chairma .
V ANDERBTLT PROPERTIES, TNC.
BY~]
"j..,IAl , ll... . President
"-, ........."-...
l/em # If!l P L
Agtlnda J I .
[lall: ..:L~~S
: l1ale '" . t.'f '05
f?~~;~ J
4
..
83/81/2886 81:55
". .0"
.~-~.~-"': !n,'
" ~I-' .
"
~
~
i:
~
e::.
\\
~
9414838977
lo.ELSHCOMPANIES
..'
. '
:'i;l:~t:. &:
~."..,., ~
. '
P8ge
(PLAT) 1IA.'fP'ltAY
(pU,1) W1"f&"'ll'A.Y
..
!
..
.
~*
I I=-..
e I +-
i~
~I
I
I
/lII
1....
. .all 1JDULItA1l.D-
tI&~--!RPJY"iliOl\a IJRtv1l
\ \
J -;
I II
I /
I r
II ;'
tJ, . /
Ii I
6; /
.:r. 1- I
l'?
I
I
I
I
I
~u..'6.:s'ec..'-
.
PAGE 18/18
Agenda Item No. 8A
October 10, 2006
Page 20 of 21
l,'bul ::'"
:~
"
.I
I~ .
Z r-
~ i I
J
I.
8 II
I ~~
~ r>*
Ih
I
~
II:
iiI
~J
,f
~
..
~
!!l
I
!
II
!
i
6.06.00 TRANSPORTATION SYSTEM STANDARDS Agenda>~th~fgA
October 10, 2006
Page 21 of 21
service lanes, or any other traffic control improvements necessary to provide safe internal
movements or ingress and egress from thesubdivision or development to any existing or
proposed street or highway shall be required.
I. Alleys may be provided in industrial, commercial, and residential subdivisions . Alleys
may be for one-way or two-way traffic. alleys for one-way traffic only shall have the
appropriate directional and instruction signage installed. Alleys shall be utilized for secondary
access unless otherwise provided in this LOC.
1. Industrial, commercial, and residentialalleys along the rear lot lines shall have an
alley easement at least twenty-four (24) feet wide containing a vehicular pavement
width of at least ten (10) feet.
2. Thealley edge of pavement-radius shall be a minimum of fifteen (15) feet and shall
be designed for the appropriate design vehicle.
3. Alley grades shall not exceed five (5) percent or be less than 0.3 percent.
4. Allalleys created shall be owned and maintained by a property owners' association
or other similar entity and shall be so dedicated on the final plat.
J. Dead-endstreets shall be prohibited except when designed as a cul-de-sac . When a
street is designed to be extended when the adjacent property is developed, a temporary cul-
de-sac and right-of-way shall be designed. Culs-de-sac in excess of 1,000 feet shall not be
permitted unless existing topographical conditions or other natural features preclude a street
layout to avoid longer culs-de-sac . When conflicts occur between the design standards of this
section and Ordinance No. 86-54, the County Fire Protection Code, or its successor ordinance
[see Code ch. 58, art. III], the standards of this section shall take precedence.
K. Where asubdivision or development abuts or contains existing limited access
highway, freeway, or arterial street , and if access is desired to adjoining property other
than street connections, a marginal access street to afford separation of through and local
traffic may be required by the County Manager or designee.
L. Half or partial streets shall not be permitted except where essential to the reasonable
development of a property in conformance with the circulation plan, the GMP, or the LDC, and,
where, in addition, dedication of the remaining part of the required street right-of-way is
provided. Whenever a property to be developed borders on an existing half or partial street ,
the other part of the street shall be required to be dedicated and constructed within such
property. A proposed development or subdivision that adjoins or includes an existing
street which does not conform to the minimum right-oi-way requirements of these
regulations shall provide for the dedication of additional right-of-way along either one (1) or
both sides of said street so that the minimum right-ot-way requirements of these regulations
shall be established.
M. Limitedaccess strips controlling access to streets on adjacent parcels shall be
prohibited except where approved by the County Manager or designee pursuant to Chapter 10.
N. Where asubdivision or development includes or requires access across canals,
watercourses, lakes, streams, waterways, channels, or the like, bridges or culverts shall be
provided to implement the proposed street system.
O. The minimumright-of-way widths to be utilized shall be as follows and, where applicable,
shall be classified by the cross-sections contained in Appendix B, and will be directly related to
traffic volume as indicated in the definition of each street contained herein and, where
applicable, clarified by the cross-sections contained in Appendix B. Private street right-ot-way
widths and design may be determined on a case-by-case basis in accordance with Chapter 10.
In the event that the applicant does not apply for a preliminary subdivision plat, the
applicants engineer may request that the County Manager or his designee approve an
alternate private right-of-way cross-section. The request shall be in writing and accompanied
http://library4.municode.comlmcc/Doc View/13992/l /43/49?hilite=6 06 00;
9n/2006
SUPPLEMENT AL
EXECUTIVE SUMMARY
Agenda Item No. 88
October 10,2006
Page 1 of 60
PUDZ-A-2005-AR-8438: Lakeview Drive of Naples, LLC, represented by Clay Brooker, of Cheffy,
Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Residential Multiple Family-6
(RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a Special Treatment Overlay
(ST)) to the Residential Planned Unit Development (RPUD) by amending the approved Windstar
PUD to add the subject 20.52 acres and its additional residential units thereby allowing a maximum
of 584 residential units on 341.1 acres. The subject property is generally located on the west side of
Bayshore Drive, approximately 0.6 miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail
East) intersection in Sections, 11, 14 and 23 Township 50 South, Range 25 East, Collier County,
Florida.
PROJECT STATUS:
The Board of County Commissioners (BCe) originally heard this petition on September 12, 2006. The
Executive Swnmary that was prepared for that hearing has been included in the information provided for
this hearing.
At the September 12,2006 hearing, the BCC voted to continue this petition to allow the applicant's agent
an opportunity to address the main item of contention-access to Lakeview Drive. The BCC advised the
applicant that a reiteration of the September presentation would not be acceptable; the BCC is only asking
for any position change from the applicant regarding access to Lakeview Drive.
~ SUPPLEMENTAL ANALYSIS:
The applicant's agent has not provided staff with additional information or a modified stance regarding
access to Lakeview Drive as of today's date, thus staff cannot provide any supplemental analysis. The
applicant's agent will be providing information as part of the oral presentation at the October 10, 2006
BCC meeting.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
.,-
Windstar PUD, PUDZ-A-2005-AR-8438
BCC October 10. 2006
Page 1 of 1
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 88
October 10. 2006
Page 2 of 60
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8B
This Item was continued from the September 12. 2006 BCC meeting and has been
requested by the petitioner to be further continued. This Item reqUires that all participants be
sworn in and ex parte disclosure be provided by Commission members. Petition: PUOZ~A~
2005-AR-8438 Lakevlew Drive of Neples, LLC, represented by Clay Brooker, of Cheffy.
Passldomo. Wilson & Johnson. LLP. requesting a rezone from the Residential Multiple
Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a Special
Treatment Overlay (STII to the Residential Planned Unit Development (RPUD) by amendmg
the approved VVmdstar PUD to add the subject 20.52 acres and ItS addlltonal residential un,ts.
thereby allowing a maximum of 584 residential units on 341,1 acres. The subject property is
generally located on the west side of Bayshore Drive, approximately 0.6 miles south of the
Bayshore Dnve and U.S 41 (Tamiami Trail East) Intersection in Sections, 11, 14 and 23
Township 50 South. Range 25 East, Collier County, Florida
10110/2006 90000 AM
Principal Planner
Date
Prep. red By
Kay Deselem, AICP
Community Development &
Environmental Services
Zoning & Land Development Review
8117/2006 7:30:36 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/21/2006 3:52 PM
Chief Planner
Date
Approved By
Ray Bellows
Community Development &
Environmental Services
Z.oning & Land Development Review
9122/2006 11 :40 AM
Donald L. Scott
Transportation Planning Director
Date
Approved By
Transportation Services
Transportation Planning
9/25/2006 9:26 AM
Approved By
Date
Marjorie M. Student~Stirling Assistant County Attorney
9/25/200611:39 AM
Approved By
County Attorney County Attorney Office
Susan Murray, Ale?
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
9127/2006 8: 28 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
9/28/2006 8:05 AM
OMB Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
9/28/20063:42 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
912812006 5: 14 PM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
9/2812006 7 :21 PM
Agenda Item No. 88
October 10, 2006
Page 3 of 60
EXECUTIVE SUMMARY
PUDZ-A-2005-AR-8438: Lakeview Drive of Naples, LLC, represented by Clay Brooker, of
Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Residential
Multiple Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a
Special Treatment Overlay (ST)) to the Residential Planned Unit Development (RPUD) by
amending the approved Windstar PUD to add the subject 20.52 acres and its additional
residential units thereby allowing a maximum of 584 residential units on 341.1 acres. The
subject property is generally located on the west side of Bayshore Drive, approximately 0.6
miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail East) intersection in
Sections, 11, 14 and 23 Township 50 South, Range 25 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCe) consider an application to amend the
Windstar Planned Unit Development (PUD) that was originally approved in Ordinance Number
81-40, amended in Ordinance Number 2-52, and amended again in Ordinance Number 93-23,
that last of which was adopted on May 11, 1993.
CONSIDERATIONS:
The petitioner is seeking to amend the 320.6-acre Windstar PUD to add a 20.52-acre tract that is
commonly referred to as "the Fisherman's Village or Fisherman's Cove tract" to the maximum
allowable 549 dwelling units of the existing PUD document for a total of 584 dwelling units in
the newly configured 341.21 acre PUD project, for an overall addition of 26 units. As staff
understands the petitioner's proposal, the applicant wishes to construct a maximum of 137 units
on the Fisherman's Village tract by combining undeveloped units in the existing Windstar (438
units have been developed units (549 - 438 = 111 undeveloped units) with the proposed
additional 26 units (111 undeveloped units + 26 new units = 137 units in Fisherman's Village).
Under the current zoning, the Fisherman's Village current maximum eligible density is 72
dwelling units based upon the maximum that would be allowable in the RMF-6 (3.5 acres) and
RMF-6(3) (17.0 acres) zoning districts. The originally approved density was 1.715 units per
acre; the proposed density would remain the same for the overall PUD. Also proposed are
accessory uses such as parking, clubhouse areas, and wet slips along Haldeman Creek. A new
access point is proposed from Lakeview Drive, as well as internal access from Windstar
Boulevard. The new access point would also be available for use by all other residents of the
Windstar PUD.
This petition's PUD document incorporates a strikethrough and underline format to address only
the specific changes proposed. It has been determined that this type of PUD amendment does
not "open" the entire PUD to additional scrutiny. The Fisherman's Village tract had several
multi- family structures located on the southernmost portion; however those structures have been
removed. The 20.52:!:-acre tract is now undeveloped.
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 1 of 8
Agenda Item No. 88
October 10, 2006
Page 4 of 60
FISCAL IMPACT:
The PUD rezone, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the PUD rezone is approved, a portion of the existing land will be developed and the
new development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by applying ad
valorem tax rates to applicable properties, and that revenue is directly related to the value of
improvements.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use
District, Urban Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth
Management Plan (GMP). The Urban Mixed-Use District permits a variety of residential and
non-residential land uses including mixed-use developments such as Planned Unit
Developments. The subject site is also within the Traffic Congestion Area, part of the Density
Rating System, and the site is entirely within the Coastal High Hazard Area (CHHA) - that area
lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional
Planning Council Hurricane Evacuation Study Update.
The Density Rating System provides for an eligible base density of 4 dwelling units/acre (DU/A)
throughout the Urban Mixed-Use District (except for the Urban Residential Fringe capped at 1.5
DU/A), whether in or out of the CHHA. But, because the site is located within the Traffic
Congestion Boundary, it is subject to a 1 DU/A reduction, thereby making the site eligible for an
adjusted base density of 3 DU/A. The subject petition would result in no overall increase in
density in the Windstar RPUD, and it is well within the allowable gross density of 3 DU/ A for
the entire PUD. As with all residential rezones, density afforded by the Density Rating System is
the density that a given project is eligible for - it is not an entitlement for the subject petition.
The Evaluation and Appraisal Report (EAR) recommends limiting the density to a maximum of
4 DU/ A in the CHHA and replacing the Traffic Congestion Boundary (TCB) reduction with a
CHHA reduction of 1 DU/ A. The result would be the same in this case- 3 DU/ A.
Staff therefore believes this project is consistent with GMP FLUE and the GMP FLUM.
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 2 of 8
Agenda Item No. 88
October 10, 2006
Page 5 of 60
Transportation Element: Transportation staff has reviewed this project based on the current
TIS guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan
transportation element. The existing development trips are considered background traffic on the'
County roadway network. The original amendment application TIS added 72 dwelling units
(later revised downward) into the Winds tar PUD which is consistent with the Transportation
Element of the GMP Section 5.1. The additional units can be accommodated on the adjacent
roadway network in the five-year planning period.
The proposed 137 dwelling unit development resulting from the additional units will be taking
primary access and egress off of Lakeview Drive as well as possibly providing additional access
to the existing Windstar development. Transportation staff recommends improvements to
Lakeview Drive consisting of widening and improving Lakeview Drive to a minimum of22 feet,
adding a pedestrian sidewalk.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed this petition to address any environmental concerns.
In conjunction with the recommendation from the Environmental Advisory Council (EAC) as
noted below, the Environmental Services staff is satisfied that environmental issues have been
adequately addressed.
ENVIRONMENT AL ADVISORY COUNCIL:
The Environmental Advisory Council (EAC) reviewed this petItIon on May 3, 2006 and
recommended approval by a unanimous vote with the stipulation that all mangroves along
Haldeman Creek must be preserved, with the exception of the impacts caused by the
boardwalks/walkovers necessary for access to docks along the shoreline of Haldeman Creek.
The PUD document has incorporated this requirement.
Additionally, the EAC reviewed an SDP petition for the Fisherman's Village tract on February 1,
2006 and the council unanimously recommended approval subject to conditions of approval
recommended in the EAC staff report (included in the back up material
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petition on July 6, 2006.
Commissioner Adelstein made a motion and Commissioner Schiffer seconded the motion to
approve the petition with staffs conditions and later amended the motion to include the
following stipulations added by Commissioners Strain, Adelstein and Caron:
1. The developer shall construct this project in compliance with the conceptual plan
presented to the CCPC except that minor changes as described in the Land
Development Code (LDC) would be allowed. In any case however, the
configurations of the buildings, roads and landscaping shown on the artistic
rendering must be adhered to; and
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 3 of 8
Agenda Item No. 88
October 10, 2006
Page 6 of 60
2. The development must revise Section 2.4.E in the PUD to replace the word
developer with the word owner of the 2O:f:-acre addition; and
3. Density within the Fisherman's Village tract shall be limited to a maximum of 137
units; and
4. The county shall not issue site development plan approval until the sidewalks, street
improvements, traffic calming devices and water management provisions have been
designed and implemented for Lakeview Drive; and
5. The developer shall provide landscape buffers along the easterly property line that
include double the amount of vegetation for the required LDC buffer; and
6. The developer shall provide a 25- foot wide bulkhead setback along the eastern and
southern portion ofthe site for accessory and principal structures; and
7. Actual building height of any structure shall not exceed 50 feet for any structure.
8. The developer shall not be required to provide the playground requested by Parks
and Recreation.
Commissioners Schiffer, Adelstein, Tuff and Midney voted for the motion; Commissioners
Kolflat, Strain, Murray and Caron voted against the motion, resulting in a tie vote. Another
motion was made to reconsider the petition; however that vote resulted in the same tie vote.
Because the CCPC vote in support of the petition failed and there was opposition stated at the
CCPC hearing from the neighbors, this petition cannot be placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCe) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the
LDC. These evaluations are completed as separate documents that were incorporated into the
staff report. A summary of the legal considerations and findings recommended by staff are noted
below:
1. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
Pro: The nearby area is developed with residential uses and that is what is proposed. The
petitioner is setting aside a preserve area and has agreed to EAC recommendations regarding
mangrove protection. The project will be required to comply with all county regulations
regarding drainage, sewer, water and other utilities and has agreed to assist in roadway
improvements to Lakeview Drive.
Con: The clustering concept that will most likely be utilized by the developer for the
Fisherman's Village tract may result in a neighborhood perception that the site is being
developed at a higher density project.
Finding: The overall density of Windstar will remain the same. The project will be
required to comply with all county regulations regarding drainage, sewer, water and other
utilities and has agreed to assist in roadway improvements to Lakeview Drive; therefore, the
project is suitable for the area.
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 4 of 8
Agenda Item No. 8B
October 10,2006
Page 7 of 60
2. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff
report) of the relevant goals, objectives and policies of the Conservation and Coastal
Management Element, the Future Land Use Element and the Transportation Element of the
GMP offering a recommendation that this petition be found consistent with the overall
GMP.
Con: Staffs analysis is subjective. Many of the goals, objective and policies do not have
quantative means to measure compliance. The GMP Transportation Element Policies 5.1
and 5.2, Conservation and Coastal Management Element Objective 2.2, and Policy 6.1.1 and
Policy 7.1.2 contain measurable components; however, FLUE Policy 5.4 does not.
Compatibility is more subjective.
Finding: Staff has recommended that the subject petition has been found consistent with the
goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please
see the staff report for a more detailed discussion.
3. Whether the proposed change will be consistent with the goals, objectives, and policies
of the Future Land Use Element (FLUE) and Future Land Use Map and the elements
of the Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff
report) of the relevant goals, objectives and policies of the Conservation & Coastal
Management Element, the Future Land Use Element and the Transportation Element of the
GMP offering a recommendation that this petition be found consistent with the overall
GMP.
Con: None.
Findings: Based upon staff's review, the proposed development is in compliance with the
Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier
County and all other relevant goals, objectives and policies of the GMP.
4. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Pro: The County's current land use policies in the FLUE support the proposed action to
allow low density urban residential development within the Coastal High Hazard Area.
Adding Fisherman's Village into the Windstar PUD will not result in any increase in
density of the overall Windstar PUD; it was approved at 1.7 units per acre and that will
remain the same. That density is well within the eligible density for this area.
The petitioner could seek development approval to develop the Fisherman's Village with
the existing zoning. Based upon that zoning, 72 units would be permitted with a maximum
height limit of 35 feet. Under the current zoning the Fisherman's Village current maximum
eligible density is 72 dwelling units based upon the maximum that would be allowable in
the RMF-6 (3.5 acres) and RMF-6(3) (17.0 acres) zoning districts.
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 5 of 8
Agenda Item No. 88
October 10, 2006
Page 8 of 60
Con: Fisherman's Village portion of the Windstar project is proposed for cluster
development which is the same way the other portions of Winds tar were developed. There
are clusters of neighbors with large areas of open space and golf course. The clustering of
Fisherman's Village could result in a perceived (clustered) density of 6.68 units per acre
(137 units -+- 20.52 acres = 6.676 units per acre). That perceived higher density may not
coincide with the nearby residents' desire to maintain a lower density development.
Adding additional units within the Coastal High Hazard Area may put additional persons at
risk in a weather related emergency such as a hurricane or tropical storm. Collier County
Emergency Management staff offered the following comments for this project:
The Windstar RPUD is located in a Tropical Storm Surge zone, which requires
evacuation during most hurricane/tropical storm events. Adding to the
residential units in this area further taxes an already tight evacuation and
sheltering situation within Collier County. While there is currently no impact
mitigation required for this, it should be noted the approval of this RPUD
increases the evacuation and sheltering requirements for the county.
Findings: The proposed change will not adversely influence living conditions in the
neighborhood because the recommended development standards and other conditions for
approval should ensure the least amount of adverse impact on adjacent and nearby
developments.
5. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
Pro: Development of the subject property is consistent with provisions of the
Transportation Element of the GMP, requiring neighborhood connection. Both the
surrounding area and Windstar are residential projects. The petitioner has agreed to
participate in roadway improvements to offset adverse effects the increased traffic may
cause; therefore, approval of this project should not create types of traffic deemed
incompatible with surrounding land uses and it should not affect the public safety.
Developers who share roadway improvement costs provide an alternative taxpayer cost
effective way to expedite roadway improvements. '
The GMP Transportation Element Policy that encourages interconnection to neighborhoods
provides a positive effect on public safety because interconnections conserve highway
capacity on collector and arterial roadways.
Con: As urban intensification increases and traffic traverses through more than one
neighborhood, the affected property owners can experience increased discomfort about
safety and privacy. As noted in the staff report, interconnection may be a misnomer in this
particular instance because the term interconnection implies that traffic from the Lakeview
Drive residents and the Windstar residents would be able to traverse both ways. In this
case, access is only proposed to allow Windstar traffic to use Lakeview Drive. There is no
plan to allow Lakeview residents to utilize any roadways within Windstar, thus the term
"interconnection," may not accurately depict what is proposed.
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 Bee
Page 6 of 8
Agenda Item No. 88
October 10, 2006
Page 9 of 60
Contrary to staffs recommendation in the staff report, the Board may, therefore, find that
the amendment may not be in compliance with LDC Section 4.07.02.D.3. because it could:
Create traffic congestion in the streets which adjoin or lead to the PUD; or
Create a threat to property or incur abnormal public expense in areas subject to
natural hazards; or
Be incompatible or inconsistent with surrounding neighborhoods or areas; or
Otherwise be inappropriate.
The Board may, therefore, add limitations to the Lakeview Drive access to limit the access
to Fisherman's Village residents only; and/or prohibit service vehicles such as delivery
trucks from using that roadway, and/or prohibit construction traffic from using Lakeview
Drive.
Findings: Evaluation of this project took into account the requirement for consistency with
Policy 5.1 of the Traffic Element of the GMP and was found consistent. Additionally,
certain transportation improvements for Lakeview Drive are included in the PUD
document. Furthermore, this project will be subject to the Concurrency Management
System.
The Planning Commission, with its tie vote for a recommendation of approval, did not include
any objections to staffs legal considerations and findings, although some commissioners who
voted against the project voiced their objection. Such as Commissioner Murray stated:
1 don 't think it provides the equity to the neighbors and the community, and 1 think it's an
unnecessalY burden to those folks. And large buildings fairly close to single-st01Y, there
are a whole bunch of reasons why -- that J would be disinclined to support this.
Commissioner Kolflat stated:
1 think a compelling point is that we leamed that 70 percent of the traffic coming on
Bayshore Drive comes fi"om the north and not j-om the south. Also interesting, it was
pointed out that most gated communities, if not all of them in Collier County, access the
community directly from a collateral or arterial road. Therefore, the criteria that
required approval on this, 1 question in that the change would adversely influence living
conditions in the neighborhood of Lakeview Drive. And the proposed change will create
or excessive~v increase traffic congestion or create types of traffic deemed incompatible
with surrounding land usage because of peak volumes that project the types of vehicular
traffic, including activity during construction phase of the development or otherwise
affect public safety.
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 7 of 8
Agenda Item No. 88
October 10, 2006
Page 10 of 60
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDA-2005-AR-
8438 with the following stipulations (as recommended by the CCPC):
1. The developer shall construct this project in compliance with the conceptual plan
presented to the CCPC except that minor changes as described in the Land
Development Code (LDC) would be allowed. In any case however, the
configurations of the buildings, roads and landscaping shown on the artistic
rendering must be adhered to; and
2. The development must revise Section 2.4.E in the PUD to replace the word
developer with the word owner of the 2O:J:-acre addition; and
3. Density within the Fisherman's Village tract shall be limited to a maximum of 137
units; and
4. The county shall not issue site development plan approval until the sidewalks, street
improvements, traffic calming devices and water management provisions have been
designed and implemented for Lakeview Drive; and
5. The developer shall provide landscape buffers along the easterly property line that
include double the amount of vegetation for the required LDC buffer; and
6. The developer shall provide a 25- foot wide bulkhead setback along the eastern and
southern portion of the site for accessory and principal structures; and
7. Actual building height of any structure shall not exceed 50 feet for any structure; and
8. The developer shall not be required to provide the playground requested by Parks
and Recreation.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning and Land Development Review
Windstar, PUDZ-2005-AR-8438 Executive Summary for September 12, 2006 BCC
Page 8 of 8
Agenda Item No. 88
October 10, 2006
Page 11 of 60
Co~T County
- ~ ---,........... -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JULY 6,2006
SUBJECT:
PUDZ-A-2005-AR-8438; LAKEVIEW DRIVE OF NAPLES, LLC FOR THE
WINDSTAR RPUD
APPLICANT:
Jack Antaramian, Managing Partner
Lakeview Drive of Naples, LLC
365 Fifth Ave., South, Suite 201
Naples, FL 34105
AGENTS:
Clay Brooker, Esquire
Cheffy, Passidomo, Wilson & Johnson, LLP
821 5th Avenue, South Suite 201
Naples, FL 34102
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commissioner (CCPe) consider a
rezone from the Residential Multiple Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion
of which is subject to a Special Treatment Overlay (ST)) to the Residential Planned Unit
Development (RPUD) zoning district so the land can be included in the existing Windstar PUD.
GEOGRAPHIC LOCATION:
The entire proposed PUD subject property, consisting of the existing 320.6-acre PUD and 20.52
acres that are proposed to be added is located in Sections 11, 14, and 23, Township 50 South,
Range 25 East, Collier County, Florida (see location map on the following page).
PURPOSEIDESCRIPTION OF PROJECT:
The petitioner is seeking to amend the 320.6-acre Windstar PUD to add a 20.52-acre tract that is
commonly referred to as "the Fisherman's Village or Fisherman's Cove tract" to the maximum
allowable 549 dwelling units of the existing PUD document for a total of 584 dwelling units in
the newly configured 341.21 acre PUD project, for an overall addition of 35 units. As staff
understands the petitioner's proposal, the applicant wishes to construct a maximum of 146 units
on the Fisherman's Village tract by combining undeveloped units in the existing Windstar (438
units have been developed units (549 - 438 = 111 undeveloped units) with the proposed
Windstar PUD. PUDZ-A-2005-AR-8438
July 6. 2006 CCPC
Page 1 of 10
Agenda Item No. 88
October 10, 2006
Page 12 of 60
additional 35 units (111 undeveloped units + 35 new units = 146 units in Fisherman's Village).
Under the current zoning, the Fisherman's Village current maximum eligible density is 72
dwelling units based upon the maximum that would be allowable in the RMF-6 (3.5 acres) and
RMF-6(3) (17.0 acres) zoning districts. The originally approved density was 1.715 units per
acre; the proposed density would remain the same for the overall PUD. Also proposed are
accessory uses such as parking, clubhouse areas, and wet slips along Haldeman Creek. Access
to serve the residents of this tract is proposed from Lakeview Drive, as well as internal access
from Windstar Boulevard. This petition is incorporating a strikethrough and underline format to
address only the specific changes proposed. It has been determined that this type of PUD
amendment does not "open" the entire PUD to additional scrutiny. The Fisherman's Village
tract is currently occupied with several multi-family dwellings.
SURROUNDING LAND USE AND ZONING:
North: Sandpiper Bay Club a developed multi-family project, with a zoning designation of
RMF-6 (ST) and Naples Land Yacht Harbor, with a zoning designation of Mobile
Home (MH), developed with mobile homes
East: Various single-family, multi-family and mobile home uses with zoning designations of
RMF-6(3), RMF-6 and MH
South: Harrington Sound subdivision, a developed single-family subdivision zoned RMF-6
and Southpointe Yacht Club, a multi-family residential development with a PUD
zoning designation (approved at 5.81 units per acre)
West: City of Naples, undeveloped land along Naples Bay
AERIAL MAP
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use
District, Urban Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth
Windstar PUD. PUDZ-A-2005-AR-8438
July 6, 2006 eepe
Page 2 of 10
Agenda Item No. 88
October 10, 2006
Page 13 of 60
Management Plan (GMP). The Urban Mixed-Use District permits a variety of residential and
non-residential land uses including mixed-use developments such as Planned Unit
Developments. The subject site is also within the Traffic Congestion Area, part of the Density
Rating System, and the site is entirely within the Coastal High Hazard Area (CHHA) - that area
lying within the Category 1 evacuation zone as defined in the Southwest Florida Regional
Planning Council Hurricane Evacuation Study Update.
The Density Rating System provides for an eligible base density of 4 dwelling units/acre (DU/A)
throughout the Urban Mixed-Use District (except for the Urban Residential Fringe capped at 1.5
DU/A), whether in or out of the CHHA. But, because the site is located within the Traffic
Congestion Boundary, it is subject to a 1 DU/A reduction, thereby making the site eligible for an
adjusted base density of 3 DU/A. The subject petition would result in no overall increase in
density in the Windstar RPUD, and it is well within the allowable gross density of 3 DU/A for
the entire PUD. As with all residential rezones, density afforded by the Density Rating System is
the density that a given project is eligible for - it is not an entitlement for the subject petition.
The Evaluation and Appraisal Report (EAR) recommends limiting the density to a maximum of
4 DU/A in the CHHA and replacing the Traffic Congestion Boundary (TCB) reduction with a
CHHA reduction of 1 DU/ A. The result would be the same in this case- 3 DU/ A.
Staff therefore believes this project is consistent with GMP FLUE and the GMP FLUM.
Transportation Element: Transportation staff has reviewed this project based on the current
TIS guidelines and with respect to Policy 5.1 of the Collier County Growth Management Plan
transportation element. The existing development trips are considered background traffic on the
County roadway network. The original amendment application TIS added 72 dwelling units
(later revised downward) into the Windstar PUD which is consistent with the Transportation
Element of the GMP Section 5.1. The additional units can be accommodated on the adjacent
roadway network in the five-year planning period.
The proposed 146 dwelling unit development resulting from the additional units will be taking
primary access and egress off of Lakeview Drive as well as possibly providing additional access
to the existing Windstar development. Transportation staff recommends improvements to
Lakeview Drive consisting of widening and improving Lakeview Drive to a minimum of 22 feet,
adding a pedestrian sidewalk.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which
a favorable determination must be based. These criteria are specifically noted in Sections
10.02.13 and 10.02.13.B.5 of the Land Development Code and required staff evaluation and
comment. The staff evaluation establishes a factual basis to support the recommendations of
staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for
their recommendation to the Board of County Commissioners (BCC), who in turn, use the
criteria to support their action on the rezoning request. These evaluations are completed as
separate documents and are attached to the staff report (See Exhibit A and Exhibit B).
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 3 of 10
Agenda Item No. 8B
October 10, 2006
Page 14 of 60
Environmental Review: Environmental Services staff has reviewed the petition and the RPUD
document to address any environmental concerns. The Environmental Advisory Council (EAC)
reviewed this petition on May 3, 2006 and recommended approval by a unanimous vote with the
stipulation that all mangroves along Haldeman Creek must be preserved, with the exception of
the impacts caused by the boardwalks/walkovers necessary for access to docks along the
shoreline of Haldeman Creek. The PUD document has incorporated this requirement.
Additionally, the EAC reviewed an SDP petition for the Fisherman's Village tract on February 1,
2006 and they unanimously recommended approval subject to conditions of approval
recommended in the EAC staff report. Both staff reports are attached as Exhibit C. Therefore,
the Environmental Services staff is satisfied that environmental issues have been adequately
addressed.
Transportation Review: Transportation Division staff has reviewed the petition and the RPUD
document and Master Plan that accompanies the request, and has offered new language as noted
bellow for the proposed amendment to address concerns about this project's impact upon
Lakeview Drive.
At the time of approval of this amendment to the PUD Document, the Bayshore
Gateway CRA ("CRA '') plans to improve or "streetscape" Lakeview Drive as part of
the redevelopment of the area. The CRA, however, has yet to determine the final
improvement plans for Lakeview Drive. Accordingly, the developer shall contribute
to, and assist with, the improvements to Lakeview Drive as follows:
1. Within 90 days of approval of this amendment to the PUD Document (to wit: on or
before , 2006), the developer shall pay $75,000 to a CRA Trust Fund
designated exclusively for improvements to Lakeview Drive. This amount represents
the current cost of (1) installing a sidewalk from Bayshore Drive, west along the
length of Lakeview Drive, to the PUD boundary; and (2) engineering and installing
asphalt for the widening of Lakeview Drive from 18 feet to 22 feet.
2. The developer shall engineer and design the stormwater management facility for
the 20. 52-acre parcel, which is the subject of this latest PUD amendment, to accept
some stormwater from Lakeview Drive. The amount of stormwater that can be
accepted by the stormwater management facility on the 20.52-acre parcel will be
determined at the time of site development plan approval.
Zoning Review:
Relationship to Existing and Future Land Uses:
A discussion of this relationship, as it applies specifically to Collier County's legal basis for land
use planning, refers to the relationship 0 f the uses that would be permitted if the proposed zoning
action (PUD amendment) is approved, and to the requirements or limitations set forth in the
Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The uses were
determined to be consistent with the GMP (and therefore compatible with the land uses that have
been developed or would be developed on adjacent tracts) when the original Windstar rezoning
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 4 of 10
Agenda Item No. 88
October 10, 2006
Page 15 of 60
was approved, and it was already determined that the uses should be compatible with the land
uses that have been developed or would be developed on adjacent tracts. As discerned from the
aerial photograph, the surrounding zoning discussion and the Master Plan, the Windstar PUD is
already developed with clusters of housing in a golf course setting.
The surrounding area has co-existed with the existing Windstar development with seemingly
little problems and no changes are proposed to the RPUD document that would allow different
re-development. The property to the north of the site is separated by Halderman Creek; the land
use to the north is also multi-family residential. To the west, this site is separated from any other
uses by Naples Bay. To the south is Southpointe PUD, a multi-family project approved at 5.91
units per acre. To the east are numerous RMF-6 zoned developed subdivisions. Except for the
proposed Fisherman's Village tract, the units within Windstar are separated from the
development along its eastern boundary by meandering golf course greens. The Fisherman's
Village tract will be separated from the multi- and single-family homesites located along
Lakeview Drive in Blocks 6 and 7 of Gulf Shores subdivision by a canal. Further south, the
Fisherman's Village tract will directly abut a lot within Naples Grove and Truck Company
Number 2 subdivision. That lot is developed with multi-family uses. The surrounding area is
similarly developed with multi-family housing except for the land along the eastern boundary of
the proposed Fisherman's Village tract which is single-family homes.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. In
reviewing the appropriateness of the requested uses/densities on the subject site, the typical
compatibility analysis would include a review of both the subject proposal and surrounding or
nearby properties as to allowed use intensities and densities, development standards (building
heights, setbacks, landscape buffers, etc.), building mass, building location and orientation,
architectural features, amount and type of open space and location, traffic generation/attraction,
etc. In viewing surrounding properties, gross density and/or net density might be evaluated, and
density averaging might be employed.
The Master Plan submitted for the entire Windstar PUD does not show project design detail. No
buildings have been sho\\-TI on that plan. The Master Plan is not required to show design detail
such as building footprints. The master plan usually only shows general project designs such as
roadway layouts and general land use tract boundaries such as residential, commercial or
conservation and preservation areas. Those areas have been shown as required by LDC Section
10.02.l3.A.1. The petitioner has provided an additional sheet entitled "Fisherman's Village,"
which is an artistic rendering that shows a potential project layout of 137 units (stamped received
5/16/06). The petitioner has not offered to be bound in any way to this artistic rendering, nor
would it be appropriate for such a limitation because the rendering is not drawn to scale and staff
cannot review that "plan" for compliance with the LDC. Any development plan would be
required to undergo scrutiny by county staff for such compliance.
The artistic renderings shows the multi-family structures within the Fisherman's Village tract
oriented more internally than externally, i.e., the structures are shown nearer the existing
Windstar PUD rather than along the canal that abuts the single-family homesites along Lakeview
Drive. That seems a logical choice; it allows the Fisherman's Village residents to enjoy the golf
course vista. Additionally, the rendering seems to show a denser buffer along the canal that
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 5 of 10
Agenda Item No. 88
October 10, 2006
Page 16 of 60
separates the project from Lakeview Drive residences. Staff believes it may be appropriate to
require an enhanced buffer along the canal for the Fisherman's Village tract, and would suggest
that more trees and taller trees could be provided to soften the difference between the mostly
single-story, single-family Lakeview Drive homesites from the proposed 40-foot tall multi-
family structures that could be three or four stories high. In other areas of the Windstar PUD, the
golf course or open space separate units within Windstar from its neighbors. For the
Fisherman's Village tract additional trees could provide a method to compensate for open space
or golf course separations that are provided elsewhere along the project boundaries. More and
large trees would help internalize the project's impacts in compliance with the LDC Section
4.07.02.A & B, for PUD design standards regarding external and internal relationships.
The Windstar PUD amendment also proposes to add an access to Lakeview Drive for the project.
Windstar PUD traffic could travel through the multi- and single-family homesites in Gulf Shores
subdivision (north side of the road) and the multi-family uses in Naples Grove and Truck
Company Number 2 subdivision (south side of the road). There is no plan to limit the use of
Lakeview Drive to the residents and guests of the Fisherman's village tract. Any construction
traffic for Fisherman's Village, as well as any other traffic from the entire Windstar PUD
development could potentially use Lakeview Drive.
The petitioner states that due to Windstar's existing internal roadway design, it is unlikely that
many other residents of Windstar would want to use Lakeview Drive because the existing access
points provide a more direct link to Bayshore Drive. Regardless, the proposed 146 units of
Fisherman's Village that could be utilizing Lakeview Drive from Windstar would double the
number of households (not trips) using this local roadway. There appears to be 52 units in the
Gulf Shore subdivision that use Lakeview Drive and there are about 10 lots along the south side
of Lakeview Drive located in the Naples Grove and Truck Company Number 2 subdivision.
Some of the lots are developed and some are not; there is a mixture of single- and multi-family
uses on the developed lots. If all 10 lots were developed to the maximum allowable 6 units per
acre density, there would be 60 units. Coupled with the 52 units from Gulf Shore, the maximum
potential build-out along Lakeview Drive would be approximately 112 units.
Windstar PUD currently has three access points. There is one access point on Fern Street, one
on Thomasson Drive and the main access point is on Bayshore Drive. Providing an
interconnection from the existing Windstar PUD is consistent with GMP Transportation Element
Policy 9.3 that states:
The County shall require, wherever feasible. the interconnection of local streets
between developments to facilitate convenient movement throughout the road network.
However, interconnection implies that traffic from the Lakeview Drive residents and the
Windstar residents would be able to traverse both ways. In this case, access is only proposed to
allow Windstar traffic to use Lakeview Drive. There is no plan to allow Lakeview residents to
utilize any roadways within Windstar, thus the term "interconnection," may not accurately depict
what is proposed.
Windstar PUD. PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 6 of 10
Agenda Item No. 8B
October 10, 2006
Page 17 of 60
Zoning and Transportation staff discussed the above noted policy to determine ways to address
any negative impacts to the Lakeview Drive residents that might result with the connection,
noting that Lakeview Drive is a public roadway with narrower travel lanes than what would now
be required for development. If this was a new roadway within the Windstar PUD, it would have
to be built to current roadway width standards.
The petitioner has agreed to participate in funding of Lakeview Drive roadway improvements to
widen the travel lanes and provide sidewalks, thus the project is compliant with LDC Section
4.07.02.D.3 because it will not:
Create inconvenient or unsafe access to the PUD; or
Create traffic congestion in the streets which adjoin or lead to the PUD; or
Be in conflict with the intent or provisions of the GMP; or
Create a threat to property or incur abnormal public expense in areas subject to
natural hazards; or
Be incompatible or inconsistent with surrounding neighborhoods or areas; or
Othervvise be inappropriate.
In the alternative, the Board may wish to consider limitations to the Lakeview Drive access, such
as limiting the access to Fisherman's Village residents only; and/or prohibiting service vehicles
such as delivery trucks from using that roadway, and/or prohibiting construction traffic from
using Lakeview Drive.
Community Redevelopment Agency Review: The Board of County Commissioners adopted
the Bayshore Mixed-Use District Overlay that includes Map No.1 that depicted the areas that
are affected by the BMUD Overlay. That map excluded existing PUDs from the requirements of
the Overlay, and in the case of the Fisherman's Village, included a notation to exclude the
Fisherman's Village tract from the Overlay. (The map however does not correctly depict the
Fisherman's Village tract. The portion of the Fisherman's Village tract north of Haldeman
Creek was not included and a portion to the south of Lakeview Drive was not included. Staff is
proposing a scrivener's error to correct those two oversights.) Even though the Fisherman's
Village is exempt from the requirements of the Overlay, the Lakeview Drive area is included,
thus zoning staff and Community Redevelopment Agency (CRA) staff believe it is important to
ensure the Windstar PUD incorporate the plans of the CRA when addressing potential negative
impact to the Lakeview Drive area. Please refer to the May 24, 2006 letter from David Jackson,
Executive Director of the CRA attached as Exhibit D.
The Community Redevelopment Agency for the Bayshore area is working to improve this area.
One project that is in the planning stage is the Lakeview Drive Beautification Project. The
pending Beautification Project is in an early stage and the ultimate design that will be developed
for Lakeview Drive has not yet been determined and the timing of the improvements is also
unknown at this time.
Thus staff recommends that the developer of Fisherman's VillagelWindstar make monetary
contributions to fund roadway improvements as noted by Transportation staff and the CRA
recommendations to include widening and improving Lakeview Drive to a minimum of 22 feet
Windstar PUD, PUDZ-A-2005-AR-8438
July 6. 2006 CCPC
Page 7 of 10
Agenda Item No. 88
October 1 0, 2006
Page 18 of 60
of pavement width, adding a five-foot wide pedestrian sidewalk along one side of Lakeview
Drive, and accommodate some or all of the future streetscape designed Lakeview Drive
stormwater discharge, for quality treatment, at the Fisherman's Village on-site stormwater pond
with the capability/capacity to be further defined as engineering information and streetscape
design is developed by the CRA and the developer of this project.
There is a balance issue between GMP Transportation Element Policy 9.3 and FLUE Policy 5.4.
Staff understanding the need to "require, wherever feasible, the interconnection of local streets"
[Policy 9.3], and still maintain the integrity of an existing neighborhood, i.e., FLUE Policy 5.4
which requires new land uses to be compatible with, and complementary to, the surrounding land
uses. With the conditions proposed by staff to address Lakeview Drive, staff believes the project
is compatible with the existing development in the neighborhood, and therefore recommends that
the petition be deemed consistent with that FLUE policy.
Emergency Management Review: The Windstar RPUD is located in a Tropical Storm Surge
zone, which requires evacuation during most hurricane/tropical storm events. Adding to the
residential units in this area further taxes an already tight evacuation and sheltering situation
within Collier County. While there is currently no impact mitigation required for this, it should
be noted the approval of this RPUD increases the evacuation and sheltering requirements for the
county.
Historical and Archeological Review: Approval is subject to the recommendations contained
in the Survey and Assessment for the Fisherman's Village site prepared by John Beriault (See
Exhibit E). Staff has advised the petitioner that this requirement will need to be added to the
PUD document.
Utilities Review: This project is located within the Collier County Sewer District boundary, and
shall be subject to application for and conditions associated with a sewer availability letter from
the Collier County Utilities Division. According to the GIS, there is an existing 12 inch force
main east of the proposed development on Bayshore Drive. Potable water is served by the City
of Naples.
Parks and Recreation Review: Parks and Recreation Department staff wishes to see a
stipulation adopted as part of any approval of this petition. The stipulation is quoted below:
The developer must provide a Consumer Product Safety Commission (CPSC) and
American Society for Testing and Materials (ASTM) certified commercial grade
playground designed for 2-12 year old children for use by residents and guests.
The playground must be provided within common area. The playground area must
be operational before the issuance of any certificates of occupancy for any
residential units. Developer must provide documentation to the PUD file that the
playground meets these requirements.
The petitioner will not agree to the stipulation noting that he was ". . . . unable to located the
GMP or LDC authority for this requirement," thus the petitioner" . . . accepts the comment as a
request rather than a requirement since it is not part of any currently adopted ordinance" [quote
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 eepe
Page 8 of 10
Agenda Item No. 88
October 10, 2006
Page 19 of 60
from petitioner's agent's April 17, 2006 response to staff's review comments]; therefore, the
petitioner has opted not to include a requirement for a playground in the PUD document.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agent for the applicant held the required NIM at the East Naples Baptist Church.
Approximately 180 people attended including the applicant's team and county staff. After a
brief presentation of the rezone and project request, Mr. Clay Brooker of Cheffy, Passidomo,
Wilson & Johnson opened the meeting for discussion. Many of the audience members voiced
opposition to the requested density (137-156 units), the building height (maximum 50 feet) and
the multi-family design (6 buildings), stating that the proposed project is not compatible or
consistent with the previous conceptual site plans they had seen or the existing Windstar PUD
development. Also of concern are traffic impacts to Lakeview Drive.
Further statements made by Mr. Brooker included:
1. Access will continue to be provided through the existing Windstar main entrance, although
there will be a "Resident's Only" entrance access from Lakeview Drive.
2. The applicant envisions approximately 34-51 docks/wet slips will be provided along
Haldeman Creek. Windstar residents will have first option to buy the lesser of (a) 20%, or
(b) 40% of the number of docks constructed, within a 90 day sales period.
3. The 1,100 square feet unit sizes are still conceptual.
4. Construction traffic will utilize Lakeview Drive.
It was also stated by property owners throughout the course of the discussion that the developer
has entered into two separate agreements with the Windstar Master Association and the Windstar
Club. Mr. Brooker, speaking as agent for the applicant, said he would meet with the Master
Association again to clarify any confusion or misunderstanding of the issues. Mr. Charlie Thomas
and Mr. Jack Fink (apparently representative of the applicant) told the audience there would be a
tentative April 11th meeting held with all residents and the developer. (Synopsis provided by
Linda Bedtelyon, Community Planning Coordinator)
RECOMMENDA TION:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission forward Petition PUD-Z-A-2004-AR-8438 to the Board of County Commissioners
with a recommendation that this petition be deemed consistent with the GMP, and further that
the PUD amendment be approved, with the limitations contained in the RPUD document.
Windstar PUD, PUDZ-A-2005-AR-8438
July 6, 2006 CCPC
Page 9 of 10
Agenda Item No. 88
October 10, 2006
Page 20 of 60
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RAYMOND V. BELLOWS, MANAGER
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN MURRAY, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the September 12,2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Exhibits:
A. Rezone Findings
B. PUD Findings
C. EAC Reports
D. Letter from David Jackson
E. Historical and Archeological Survey and Assessment
Windstar PUD, PUDZ-A-2005-AR-8438
July 6. 2006 CCPC
Page 10 of 10
Agenda Item No. 88
October 10.2006
Page 21 of 60
Item V.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF , 2005
I. NAME OF PETITIONER/PROJECT:
Petition No.:
Petition Name:
Applicant/Developer:
Engineering Consultant:
Environmental Consultant:
II. LOCATION:
The subject property is located west of Bayshore Drive and south of US 41
abutting the City of Naples city limits in Sections 11 and 14, Township 50 South,
Range 25 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
ZONING
DESCRIPTION
N-
RMF-6-ST and MH,
Sandpiper Bay Club and
Naples Land Yacht Harbor,
residential uses
S-
RMF-6 and PUD
Harrington Sound subdivision
and Southpointe Yacht Club
E-
RMF-6(3), RMF-6 and MH
Various residential uses
w-
City of Naples
Undeveloped
Naples Bay
land
along
IV. PROJECT DESCRIPTION:
The petitioner is seeking to amend the 320.6-acre Windstar PUD to add a 20.52-
acre tract that is commonly referred to as "the Fisherman's Village tract" for
which a maximum of 156 multi-family units were analyzed in the Traffic Impact
EAC Meeting
Agenda Item No. 88
October 10, 2006
Page 22 of 60
Page 2 of6
Statement and the Environmental Statement). As staff understands the
petitioner' s proposa~ the pending proposal adds the 72 dwelling units that would
be allowable in the existing Fisherman's Village tract with its RMF-6 (3.5 acres)
and RMF-6(3) (17.0 acres) zoning to the allowable maximum 549 dwelling units
of the existing PUD document for a total of 621 dwelling units in the newly
configured 341.21 acre PUD project. The originally approved density was 1.715
units per acre; the proposed density would be 1.82 units per acre (621 units ..;-
341.12 acres = 1.82 units per acre). Also proposed are accessory uses such as
parking, clubhouse areas, and wet slips along Haldeman Creek. Access to serve
the residents of this tract is proposed from Lakeview Drive, as well as internal
access from Windstar Boulevard. No development changes to the existing
Windstar PUD are proposed.
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated Urban (Urban Mixed - Use District, Urban
Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth
Management Plan (GMP). The Urban Mixed - Use District permits a variety of
residential and non-residential land uses including mixed-use developments such
as Planned Unit Developments. The subject site is also within the Traffic
Congestion Area, part ofthe Density Rating System, and the site is entirely within
the Coastal High Hazard Area (CHHA) - that area lying within the Category 1
evacuation zone as defined in the Southwest Florida Regional Planning Council
Hurricane Evacuation Study Update.
The Density Rating System provides for an eligible base density of 4 dwelling
units/acre (DU/A) throughout the Urban - Mixed Use District (except for the
Urban Residential Fringe capped at 1.5 DU/A), whether in or out of the CHHA.
But, because the site is located within the Traffic Congestion Boundary it is
subject to a 1 DU/A reduction, thereby making the site eligible for an adjusted
base density of3 DU/A.
It should also be noted that the Evaluation and Appraisal Report (EAR)
recommends limiting the density to a maximum of 4 DU/A in the CHHA and
replacing the Traffic Congestion Boundary (TCB) reduction with a CHHA
reduction of 1 DU/A. The result would be the same in this case- 3 DU/A.
The existing Windstar POD provides for 549 dwelling units on 320.6j: acres (1.7
DU/A). The proposed Windstar RPUD seeks 621 dwelling units on 341.1j: acres
(1.8 DU/A). The conceptual site plan for the additional 20.52 acres includes 138
dwelling units. The subject petition would result in an overall increase in density
in the Windstar RPUD, but within the allowable gross density of 3 DU/ A for the
entire PUD. As with all residential rezones, density afforded by the Density
EAC Meeting
Agenda Item No. 8B
October 10, 2006
Page 23 of 60
Page 3 of6
Rating System is the density that a given project is eligible for - it is not an
entitlement; for the subject petition.
FLUE Objective 7 encourages the use of smart growth principles. The applicant
has addressed several of these, including a diversity of housing types,
connectivity to adjacent projects, open spaces and pedestrian and bicycle paths.
Based on the above analysis, and subject to the changes required in the last
paragraph, staff concludes that the proposed development may be deemed
consistent with the Future Land Use Element of the Gwwth Management Plan.
Conservation & Coastal Mana2ement Element:
VI. MAJOR ISSUES:
Storm water Mana2ement:
Environmental:
Site Description:
Wetlands:
Preservation Requirements:
Listed Species:
VII. RECOMMENDA TIONS:
Staff recommends approval of
with the following conditions:
Storm water Mana2ement:
EAC Meeting
Agenda Item No. 88
October 10, 2006
Page 24 of 60
Page 4 of6
1.
2.
Environmental:
EAC Meeting
Agenda Item No. 88
October 10, 2006
Page 25 of 60
Page 5 of6
PREPARED BY:
STAN CHRZANOWSKI, P.E.
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
DATE
ROBERT C. WILEY, P.E. DATE
PRINCIPAL PROJECT MANAGER
TRANSPORTATION OPERATIONS, DEVELOPMENT REVIEWS, RIGHT-Of-WAY
PERMITTING, AND INSPECTIONS DEPARTMENT
STEPHEN LENBERGER
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
DATE
PRINCIPAL PLANNER
DEP ARTMENT Of ZONING AND LAND DEVELOPMENT REVIEW
EAC Meeting
Agenda Item No. 88
October 10, 2006
Page 26 of 60
Page 6 of6
REVIEWED BY:
BARBARAS.BURGESON
PRINCIP AL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
WILLIAM D. LORENZ, Jr., P.E., DIRECTOR,
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
STEVEN D. GRIFFIN
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR, DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
.;"';'~~~~~..~'r~'kr'.~.,/ '12"'1:t-:~~ ,'I<r.:r:. ~]'~':f<:'\~;?""~~....,~::;-;'L .,~ ~ '" "'F"''S~ ~ ..~-:..'~"'-~4';.
..~ .
~;"'~' f~" ."" '., '~ ",' , .(., ',..',
-,:-, "'. ~ I ,- ~ ~
Florida Limited Liability
BELLHOWEL REAL EST ATE HOLDINGS, LLC
PRINCIPAL ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104 US
MAILING ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104 US
Document Number
L04000037252
FEI Number
201133718
Date Filed
05117/2004
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
Registered
, --
Name & Address
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104
Title
Manager/Member Detail
Name & Address
SElJA YEK. RAYMOND
2606 HORSESHOE DR S
MGR
NAPLES FL 34104
MACINOR THOMAS A
215 5TH AVE S STE 201
~-
NAPLES FL 34102
I
I
I Annual Reports
i Report Year
i . ----2005-----------.,----
2006 I
.
Filed Date
05/0212005
04/24/2006
Agenda Item No. 8B
October 10, 2006
Page 27 of 60
Florida Limited Liability
BROWN LINE REAL ESTATE HOLDINGS, LLC
PRINCIPAL ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104 US
MAILING ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104 US
Document Number
L04000037283
FEI Number
201133090
Date Filed
05/17/2004
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
2606 SOUTH HORSESHOE DRIVE
NAPLES PL 34104
Manager/Member Detail
Name & Address
ZAND. IRAl
2606 HORSESHOE DR S
/F
F
~
I
I
i
!
NAPLES FL 34104
MACIVON. THOMAS A
3605 5TH AVE S STE20J
NAPLES FL 34102
Agenda Item No. 88
October 10, 2006
Page 28 of 60
Florida Profit
HEL-MAR CORPORA nON
PRINCIPAL ADDRESS
2606 S HORSESHOE DR.
NAPLES FL 34104 US
Changed 04/16/1998
MAILING ADDRESS
2606 S HORSESHOE DR.
NAPLES FL 34104 US
Changed 04/16/1998
Document Number
683473
FEI Number
5920232] 4
State
FL
Status
ACTIVE
I
Registered Agent
Name & Address
PEZESHKAN. FARHAD F.
2606 S HORSESHOE DR
NAPLES FL 33942
j
[-----
I
Name Changed: 04/05/1990
Address Changed: 04/05/1 990
Date Filed
09/0811980
Effective Date
NONE
I
I
I
r-'--'---'--~~l~~~~~~"-------r-:---
. :--iAPLES FL341 04 !
Officer/Director Detail
Name & Address
r=-
CARSELLO. ROBERT
725 CORAL DRIVE
NAPLES FL 34] 04
CARSELLO. MARY
725 CORAL DR.
NAPLES FL 34] 04
MACIVOR. THOMAS
365 FIFTH SOUTH. SL1TE 201
NAPLES FL 34102
I \TIT
~
F
II Annllal Reports r-- FlI.d Dat.
Report Year I....
2004
2005
2006
02/02/2004
06/27/2005
04/2412006
Agenda Item No. 88
October 10, 2006
Page 29 of 60
Florida Limited Liability
BEL-MAR INVESTORS, LLC
PRINCIPAL ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104
MAILING ADDRESS
2606 SOUTH HORSESHOE DRIVE
NAPLES FL 34104
Document Number
LOI 00000807 1
Date Filed
OS/2112001
FEI Number
593732713
State
FL
Effective Date
NONE
Status
ACTIVE
Total Contribution
0.00
~e gi~te.re.4~ ge.n,.t
Name & Address
PEZESHKAN, FRED F
2606 SOUTH HORSESHOE DRNE
NAPLES FL 34104
Title
Manag~r/Me111berDetail
Name & Address
[--~----2~~~'t~::::~:~-E~--------r---:-~-~
I---=::::~==-~r::~
3~!:~:~.::~2~1]vp . ..
Agenda Item No. 88
October 10, 2006
Page 30 of 60
Agenda Item No. 88
October 10, 2006
Page 31 of 60
EXHIBIT B
LEGAL DESCRIPTION
(Existing Windstar Boundary Description)
A tract of land lying in Sections 11, 14 and 23, Township 50 South; Range 25 East; Collier
County, Florida, being more particularly described as follows:
Commencing at the north quarter corner of Section 14; Township 50 South, Range 25
East; Collier County, Florida, run S 890 25' 40" W along the north line of said Section 14 a
distance of 300.00 feet to the True Point of Beginning; thence N 000 13' 07" W 521.19
o 0
feet, thence S 89 34' 18"W 314.39 feet; thence S 68 04' 16" W 897.82 feet; thence S
420 06' 21" W 265.25 feet; thence S 420 04' 52" W 421.60 feet to a Point of Curvature;
thence 68.47 feet along the arc of a curve, concave to the southeast, having a radius of
50.00 feet and a chord having a length of 63.24 feet and bearing S 020 50' 59" W to a
Point of Reverse Curvature; thence 379.35 feet along the arc of a curve, concave to the
northwest, having a radius of 200.00 feet and a chord having a length of 324.94 feet and
bearing S 17057' 27" W to a Point of Tangency; thence S 720 17' 43' W 209.97 feet to a
Point of Curvature; thence 314.16 feet along the arc of a curve, concave to the northeast
having a radius of 200.00 feet and a chord having a length of 282.79 feet and bearing N
620 42' 17" W to a Point of Reverse Curvature; thence 80.27 feet along the arc of a curve,
concave to the southwest, having a radius of 50.00 feet, and a chord having a length of
71.92 feet and bearing N 630 41' 51" W to a Point of Tangency, thence S 700 18' 35" W
116.55 feet to the west line of Section 14, being, also, the eastern limits of the City of
Naples; thence S 000 09' 12" E along said section line a distance of 2034.48 feet to the
west quarter corner of Section 14, thence S 000 12' 53" E 2684.71 feet to the southwest
corner of Section 14; thence S 000 14' 16" E 1348.56 feet to the southwest corner of the
northwest quarter of the northwest quarter of Section 23, thence N 890 21' 19" E along the
south line of said northwest quarter of the northwest quarter a distance of 1277.37 feet to
the westerly right-of-way line of Fern Street; thence N 000 28' 44" W along said right-of-
way line a distance of 1351.12 feet to the north line of said northwest quarter of the
northwest quarter; thence N 890 14' 19" E 19.60 feet to the westerly right-of-way line of
Fern Street; thence N 000 13' 25" W along said right-of-way line a distance of 1332.51
o 0
feet; thence N 89 15' 16" E 1352.29 feet; thence N 89 42' 05" E 1295.42 feet to the
westerly right-of-way line of Kelly Road (Bayshore Drive); thence N 000 17' 46" W along
said right-of-way line a distance of 333.52 feet; thence S 890 42' 44" W 1294.96 feet to
the north-south quarter section line of Section 14; thence N 000 13' 07" W along said
quarter section line a distance of 2329.90 feet; thence S 890 35' 14" W 330.45 feet;
o 0 0
thence N 00 13' 07" W 462.37 feet; thence N 89 35' 11" E 30.47 feet; thence N 00 13'
07" W 866.04 feet to the True Point of Beginning.
The above describes an area of approximately 320.60 acres of land.
Agenda Item No. 88
October 10, 2006
Page 32 of 60
-AND-
(Fishermans Village Boundary Description)
Part of the Northwest X of Section 14, and part of the Southwest X of Section 11,
Township 50 South, Range 25 East, the West 330' of Lot 42, and the West 140' of Lot 47,
Naples Groves and Truck Co's Little Farms No.2, as recorded in Plat Book 1, page 27, of
the public records of Collier County, Florida, less and except the North 30' of Lot 47
Beginning at the North quarter corner of said Section 14;
. Thence along the west boundary of the plat of Gulf Shores as recorded in Plat Book 4,
page 50, of the public records of Collier County, Florida, said line also being the North
and South quarter section line of Section 14, South 000 13' 02" East 1028.84 feet to the
North line of the West 140' of said Lot 47 less and except the north 30' thereof also being
a point on the South right-of-way line of Lakeview Drive;
Thence along said line North 890 32' 45" East 140.00 feet to the East line of the West 140'
of said Lot 47;
Thence along said East line South 000 13' 02" East 302.68 feet to the South line of said
Lot 47;
Thence along said South line South 890 34' 08" West 140.00 feet to the southwest corner
of said Lot 47 and a point on the boundary of the plat of Windstar as recorded in Plat
Book 14, pages 11 through 15 of the public records of Collier County, Florida;
Thence along the boundary of said plat of Windstar in the following Six (6) described
courses;
1.
2.
3.
4.
5.
6.
South 89035'14" West 330.45 feet;
o
North 00 13'07" West 462.39 feet;
North 89035'11" East 30.47 feet;
North 00013'07" West 1389.23 feet;
o
South 89 34'18" West 314.39 feet;
South 68004'16" West 50.12 feet to the west line of the southeast quarter of
the southeast quarter of the southwest quarter of said Section 11;
Thence along said west line North 000 13' 07" West (197.00 feet more or less to the south
bank of Haldeman Creek per deed) 163.84 feet measured;
Thence meander along said south bank to its intersection with the North and South
quarter section line of said Section 11, and the West boundary of the plat of Demere
Landing as recorded in Plat Book 4, page 14 of the public records of Collier County
Florida. Said meander line being subtended by a tie line bearing North 730 43' 39" East
686.46 feet;
Thence along said line South 000 18' 15" East (164.00 feet more or less the southwest
corner of said Demere Landing and the Northwest corner of said Lot 42 per deed) 180.78
measured;
Thence along the north boundary of said Lot 42, North 890 30' 34" East 330.00 feet to the
east line of the West 330 feet of said Lot 42;
Thence along said East line South 000 18' 15" East 337.30 feet to the South line of said
Lot 42 and the North boundary of the plat of said Gulf Shores;
CDc.DO
OOOc.D
,.-- 0 "-
"\,10
-:;:i'<:t
c: ~ C")
(]),-al
_(])OJ
-..aro
roOD...
-0-
c: U
alO
OJ
<(
~~fl :'f':: :: !~.!llll ~ ",4lll+.! l!l!
" ~~I <:; "I IIotl1ClnWIl ~ rt J~IV.' .. ~ ~
.. ..;' 111\llIilr=1~(<':r:: '" 1:3/ p~
= llill m \ ~ ~ ~ ~ ~ " EJ I ~ ~ ~~ f:: g'", a ~
JJJ2 ~ g.;, <u.Y ; ~ ~ gl gl:E~ =, II ~)>
~ /' ~ l~ ~~II ~ ~ ~ ~ ~ 'I m D-ll ill ii _ :1 D 0..
11!1)j,IJ.I.l~l>J{~ ~ ~ If IIII '" nmm rTTIJ...... .....,. II II 111 T Fi= '"ilOI <(
11I1 m~, o,1<'If, '"~ - -! ~ I~,\ - -i - - l :2:
~,~ I .; ~: ~J i ~:@p (I I t ~ ~ ~
n II-"" 18::=J 11/1 I Z
~~i" '-1t)9~ I)' ~~, e ~i 0
= ~\ ..~ =VI~:)J 11 ~:;, . ~ ~ N
" '1I11~T\ ~'\lt~ I/(: II: t: ~
,~!" I ~<I/.~~~ i\..~.\ If Illfl
~'" il ~, y n ~ ~ 11\"'----\...1(. - ~ ",c::r..J..,l"-;
Jr-~~2Z.. gIJ~~~"1 ~ ~ == i I "~~7J'-T0 ~'\r-\ g ~
I: K D.", 0l\S~ ~~IV ~/ ~~~ ;~
" "'10 i R~ = ~h.\/.. .,. ~~ I! t
CD
CO)
"""
CD
~
0(
,
It)
o
o
('l
"'""'" IJ A1Jl)
Il31d\'N IJ .w:>
:rn:JSll/.J.CN /
-
I
N
o
::J
c...
'It:
Z:-
~
Ii) ~i
01
g
z
o
f-
f-
W
c...
n Ii
5
~
a.
<(
~
;!;
5
l!l ~
1Il
z
o
-
I-
<(
U
o
.....I
III
::l
~g
~L
u~
CRA Board
Commissioner
James N. Coletta
Commissioner
Fred W. Coyle
Commissioner
Donna Fiala
Chairman
Commissioner
Frank Halas
Commissioner
Tom Henning
Advisorv
.!!2.!!:!!
Bill Neal
Chairman
Karen Beatty
Ron Fowle
Rod Gamer
Chuck Gunther
Phil McCabe
Steve Main
William Mears
Lindsey Thom as
CRA Staff
David L. Jackson
Executive
Director
Agenda Item No. 8S
October 10, 2006
THE BAY S H 0 R E / GAT E WAY T R I A N G L ERE D EVE LOP MEN T A R~e 35 of 60
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456
May 24, 2006
RE: Winds tar PUD Amendment
TO: Ms Kay Deselem,
Concerning the Windstar PUD Amendment to include the Lakeview Drive of Naples, LLC
development, I submit the following on behalf of the Bayshore Gateway Triangle Community Redevelopment
Agency's Local Advisory Board. The topics below come from numerous meetings and discussions concerning
the matters at hand as a result of the proposed development.
BACKGROUND FACTORS:
Collier County Impacts (all dates are determined):
1. Haldeman Creek Dredge - July 2006 to Jan 2007.
2. 1000+ dump truck movements to remove spoil- times 2 (truck arrival and departure).
3. Spoil vacated from Windstar development site NL T Jan 2007.
CRAlBavshore Avalon MSTU (all dates are estimates):
1. Development of BCCICRA/MSTU approved residential streetscape workbook & master plan -
September 2006.
2. Lakeview Drive neighborhood & owners streetscape design charrette - Sep to Oct 2006.
3. Lakeview Drive streetscape design approval Jan-Feb 2007.
4. Develop construction documents and bid Mar-JuI2007.
5. Construction Aug-Mar 2008; no later than issuance of Lakeview Drive of Naples, LLC e.o. by
County.
Lakeview Drive of Naples, LLC (all dates are estimates - to be confirmed by Lakeview LLC):
1. Dredge impacts listed above.
2. Begin construction Feb-Mar 2007.
3. Estimated completion and issue ofe.O. Nov-Dec 2008.
The Local CRA Advisory Board agrees to the following (with final approval by CRA):
1. CRAlBayshore MSTU work jointly to design and install Lakeview Drive residential streets cape, with a
monetary assist from the developer impacting Lakeview Drive.
2. Lakeview Drive of Naples, LLC makes a monetary (cash) payment of $75,000.00 to assist in the
installation of a sidewalk the length of Lakeview Drive from Bayshore Drive to the PUD boundary;
and engineering and installation of asphalt to widened the street from 18 feet to 22 feet. Payment to be
made to the CRA Trust Fund no later than 90 days after PUD Amendment approval, to be deposited
into the CRA Trust Fund under a specific Capital Improvement Project line item: Lakeview Drive
Streetscape.
3. Lakeview Drive of Naples, LLC will accept some stormwater from Lakeview Drive streetscape
improvements at their PUD on-site stormwater facility, based on engineering studies and streetscape
storm water requirements.
For the Bayshore Gateway Triangle Local CRA Advisory Board,
David Jackson
Executive Director
239-643-1115
THE BAYSHORE/GATEWAY TRIA~GLE REDEVELOPMENT AREA
2408 LINWOOD AVE, SUITE 7-UNIT 11 NAPLES, FL 34112
PHONE 239.643.1115 FACSIMILE 239.775.4456
Agenda Item No. 88
October 10, 2006
Page 36 of 60
NARRATIVE DESCRIPTION OF REZONE REQUEST
This rezone petition proposes to Aannex@ a 20.52-acre parcel of land (the
AProperty@) into the existing Windstar PUD. The Property abuts the northeast corner of
the Windstar PUD and is generally bounded on the north and west by Haldeman Creek and
the Windstar PUD, respectively. To the east and south are single family and multi-family
zoning districts, which districts permit development at densities of four and six units per
acre, respectively.
The Property is currently zoned residential multi-family. The majority of the
property (approximately 17 acres) may be developed, under the current zoning, at a density
of up to three units per acre (RMF-6(3)), although the southern portion of the property
(approximately 3.5 acres) is eligible for a density of up to six units per acre (RMF-6). The
rezone petition seeks an increase in the maximum number of units permitted in the
Windstar PUD, after the Property is added, from 549 to 584. This increase in the permitted
number of units will not result in a corresponding increase in density due to the addition of
the 20.52 acres. In other words, the rezone petition does not propose an increase in the
already-approved density of 1.71 units per acre for the Windstar PUD. This proposed
density is significantly lower than the three-unit-per-acre density permitted by the Growth
Management Plan.
The proposed rezone will not change the general uses permitted on the Property. If
the rezone petition is approved, the Property may be developed with single or multi-family
residential structures, just as it may be developed under the current zoning. These uses are
compatible with the single and multi-family residential development surrounding the
Property. The proposed location of the residential structures on the Property is buffered
from surrounding development by golf course fairways to the west and south, and by water
bodies (canal and Haldeman Creek) to the east and north. The proposed maximum height
of the residential structures is 40 feet, which is the existing maximum height for all
residential structures in Windstar.
Access to the Property will be provided by the existing main entrance to the Windstar
development (and then via Windstar Boulevard and Haldeman Creek Drive) and by a
proposed, gated entrance/exit at the west end of Lakeview Drive (where Lakeview Drive
currently dead-ends). The proposed new road through the Property will be connected to
Haldeman Creek Drive at the property line between the existing Windstar PUD and the
Property, thereby improving circulation inside the Windstar development. It should be
noted that the roadway connection between the existing Windstar development and the
Property was planned in 1993, when the current PUD Document was approved by the
County, and is shown on the plat approved for the Windstar property.
Dock slips, the number of which will be consistent with the Manatee Protection Plan,
are envisioned along the shoreline of Haldeman Creek (and possibly along the canal
abutting the east side of the Property). The slips will be for the use of present and future
residents of the Windstar development and the Property.
(Revised 5/16/06)
cocoa
rooco
0.....
ci N 0
Z -r--
OM
~.,....
w,-(lJ
_(lJ0"l
-..em
moD...
-0-
ell
(lJ0
O"l
<(
11l
l:l
~1
-~
-1
~l
---,
::>,
~i)
-:--
---,
---,
_--1
-~
---,
~-,
--,
.......1
L'-J
III
-~
~/)
---,
11-,
gz;
<(2
~~
<("
o:~
~~.~
~z;
~A~
'4~;i
(()c.DO
rog~
\I 0
'CO
E~C'?
(1)....(1)
::=(1)0)
C1l..o C1l
-o.8D...
CU
(1)0
Ol
<{
lJ.J
as
~
~
~
~
~
-..J
~..c ~J"1i~::j
......g...c..c ;::]~'i::\;iJ
~~~~;:~a~~~~3~!~~' ~
~
~
~
z
~
..
SL - I
-
L
~
I
It sn
cuLT
~1I.
~
i
-~-
~
I
\'lltlllUl'll.l31"l'M
~
J~
1tii'iTn'-
~
hi
,
~
,
jlH.5
is~1.e-
;gc-!H
((J .t'~~~'"
~ 5i}-~~
l!xH1
:ii=~
1iIll..~2~
I I : I I
-"!Ii::: >
...
~
g.
~
Of'
JiEXICO
I
E;,
~
"
i
~
Cl
C5
~
-.J
tI
5
lil'iiiID'
!ill'll!1 ':.
~
JMIQ M1lWtftClH.l.
!
'"
"
'Ii
~
~
~
~
..
~
s::-
c
u
~
c
i!'
~
~ ~
0: ~ C~ ~
~~ ~~~>> gi ~{~
~g~~m~~~~~~i~>>~~~~~
~~:=gai~~~~~5~~~~~~~~
,,8J~"~_~--"----- ffi~-
_~J":.J-:-Z::: es~;
<lDuo....~a
:z:_..,~...J2Z0ll..0Q::cn~
-'
c
!
~
l!l
~
1m IW LIl:'''l(' .00 . .. o.tlD"UID-lllllMD-oI.d
Iii
~~15~
I
I
,
I
j
~ ! c
~ ~.I
~ ~ . . ~
"Ill ·
~~~~~
igt"~
~ .
"" ~ "''''
iil ::!::!
it n
Gi n ~
Ih
(j~
::;
5l
c:r~
'!!III':
:r::!Ii'
Q:~ .,
la~~
::it '" III
.....~Q\'
t:) ~ Ii
;t)...~
LI.i~Il;~
~Q::tl)1l
....J,(j.... Q
Q~~~
Cl)ulll~
S~IJJ~S
:s; t1 ).
" !II ~
'1Il::t::\ ~ ~
Q:.a:l3
~
0-
VI"
O~
_z
~~
O~
\.)
....-
....~
lfi~
~ :s~
~ 1.')\2
~ ~J. ~
fii..... ::::.s:!'"
:;~17:;;;~
u:s; ~ ...
ii:i<;~C;;-
Q~.;""
:i1:"(.!i~
!lI~g.
s: "'):C::
tJ:!'"
...I:l
:3
~ M11~ lZ
Agenda Item No. 88
October 10, 2006
Page 39 of 60
WINDST AR
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING WINDSTAR,
A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
\^IS REAL TV, INC.
WINDSTf\R ON NAPLES BAV
1090 H/\LDEMAN CREEK DRIVE
NAPLES, FL 33962
LEGAL COUNSEL:
PORTER, WRIGHT, MORRIS & ARTHUR
1501 Tl\MIAMI TRAIL, NORTH
SUITE 100
NAPLES, FL 33910
PREPARED BY:
COASTAL ENGINEERING CONSULTANTS, INC.
3105 S. HORSESHOE DRIVE
NAPLES, FL 33942
CEC FILE NO. 92.121
(October ~1992)
Windstar PUD Revised 8/17/06
Agenda Item No. 8B
October 10, 2006
Page 40 of 60
AMENDED BY:
CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP
821 5th AVENUE SOUTH, SUITE 201
NAPLES, FLORIDA 34102
(April 2006)
Existing PUD Ordinance Number:No.umber:
23
Date approved by BCC: 5/11/93
Date amendment rev'd by CCPC:
Date amendment approved by BCC:
Ordinance No.:
93-
Windstar PUD Revised 8/17/06
Agenda Item No. 8B
October 10, 2006
Page 41 of 60
TABLE OF CONTENTS
Paqe
STATEMENT OF COMPLIANCE
1
SECTION I
PROPERTY OWNERSHIP &LEGAL AND GENERAL DESCRIPTION
2
SECTION II
PROJECT DEVELOPMENT ~4
SECTION III
RESIDENTIAL TRACTS ~6
SECTION IV
GOLF COURSE AND OPEN SPACE TRACTS BAND R 911
SECTION V
CONSERVATION/PRESERVE, TRACT Q 4413
DEVELOPMENT COMMITMENTS ~14
SECTION VI
EXHIBIT A
PUD MASTER PLAN
EXHIBIT B
LEGAL DESCRIPTION
EXHIBIT C
LOCATION MAP
THIS DOCUMENT SUPERSEDES EXISTING PUD ORDINANCES REGARDING WINDSTAR.
Windstar PUD Revised 8/17/06
Agenda Item No. 8B
October 10, 2006
Page 42 of 60
WINDSTAR PUD
STATEMENT OF COMPLIANCE
The development of approximately 320.66341.12 acres of property in Collier County, as a
Planned Unit Development known as Windstar, is in compliance with the goals, objectives and
policies of Collier County as set forth in the Growth Management Plan. The residential,
recreational, and other development authorized herein will be consistent with the growth
policies, land development regulations and applicable comprehensive planning objectives of
each of the elements of the Growth Management Plan in effect at the time of approval by the
Collier County Board of County Commissioners for the following reasons:
Residonti31 Proiect
1. The subject property is within the Urban Coastal Fringe Subdistrict of the Urban Mixed
Use District Rosidenti31 13nd use dosignation as identified on the Future Land Use Map
as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element.
2. The subject property's location in relation to existing or proposed community facilities
and services permits the development's residential density as required in Objective 2 of
the Future Land Use Element.
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. Existing and fF-uture improvements are or will be pl3nned to be in compliance with all
current 3nd then-applicable land development regulations as set forth in the Growth
Management Plan and amendments thereto.
5. The project development results in an efficient and economical extension of community
facilities and services as required in Policies 3.1.H and L of the Future Land Use
Element.
6. The project development incorporates a natural system for water management in
accordance with their natural functions and capabilities as required by Objective 1.5 of
the Drainage Sub-Element of the Public Facilities Element.
7. The maximum density is less than 2~ dwelling units per acre and is in compliance with
the Future Land Use Element of the Growth Management Plan, based on the following
relationships to required criteria:~
Base Density: 4 u/a
Traffic Congestion Area: -1 u/a
Maximum permitted density: 3 u/a
8. The project includes extensive open space in the form of a golf course and incorporates
natural features to provide a high quality of life for its residents.
Short Title
This Ordin3noo sh311 be known 3nd cited 3S the VVindst3r Pl3nned Unit Devolopment
Ordinance.
Windstar PUD Revised 8/17/06 9
Agenda Item No. 88
October 10, 2006
Page 43 of 60
SECTION I
LEGAL AND GENERALPROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property being developed under the project
name of Windstar.
1.2 PROPERTY OWNERSHIP
When the County initially approved the PUD in 1981, the property was owned by
Whispering Pines, Inc. Since that time, the property has been owned, at different times,
by Windstar Development Corporation and WS Realty, Inc. The County has approved
many subdivisions within the PUD, and the various lots and tracts have been sold and
developed. As of the date of this latest PUD amendment, the property within the PUD is
owned by numerous entities and individuals. The 20.52-acre parcel, which is the subject
of this latest PUD amendment, is owned by Lakeview Drive of Naples, LLC.The subject
property is currently under the ovmership of \^IS Roalty, Inc., 1090 H31dom3n Crook
Drive, N3plos, FL 33962.
1.3 LEGAL DESCRIPTION
The legal description of the property included within the Windstar PUD is set forth in
Exhibit B, attached hereto.,^, tract of I3nd lying in Sections 11, 11 and 23, Township 50
South, R::mge 25 E3St; Collier County, Florid3, being more p3rticul::1rly described 3S
follows:
"\Nindstar," ::1 subdivision recorded on PI3t Book 11, P3gec 11 through 15 of the Public
Records of Collier County, Florida.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The project site contains ~341.12 acres and is located in lands lying within Sections
11, 14 and 23, Township 50 South, Range 25 East. The property is bounded on the
north by Haldeman Creek; on the east by Bayshore Drive, lands zoned RMF-6, MHRP,
Fern Street and the Harrington Sound subdivision; on the south by the Southpointe
PUD; and on the west by lands within the City of Naples.
1.5 PROJECT DESCRIPTION
Windstar is a bayfront golf course community. Collier County The PUD Zoning ',\'3G
originally approved the PUD by Collier County with Petition R-81-8C on August 25,
1981, by adopting creating Ordinance No. 81-40. The County approved amendments to
the PUD on July 13, 1982 (Ordinance No. 82-54) and on May 11, 1993 (Ordinance No.
93-23). -The Plat of Windstar is recorded in Collier County Plat Book 14, Pages 11
through 15.
Windstar PUD Revised 8/17/06
9
Agenda Item No. 88
October 10, 2006
Page 44 of 60
The project's main entrance is on Bayshore Drive and the internal road system is served
by Windstar Boulevard, the main east-west road. Haldeman Creek Drive and Yacht
Harbor Drive provide access to tracts north and south of Windstar Boulevard
respectively. Two secondary entrances are provided at Fern Street and Lakeview Drive.
Lighthouse Lane provides access to the Harrington Sound subdivision.
The maximum number of dwelling units for the project will be 584M-9 units, resulting in a
gross density of 1.71 units per acre.
1.6 ARCHAEOLOGICAL ASSESSMENT
A phase one archaeological assessment of the 20.52-acre tract, which is the
subject of this latest amendment to the Windstar PUD, resulted in the discovery
of one archaeological site, the Haldeman Creek Midden, 8CR926.
The Haldeman Creek Midden, 8CR926 is disturbed prehistoric midden partially
exposed by a "V"-shaped cut in the north bank of Haldeman Creek. The midden
does not exceed two feet elevation above the surrounding mangrove swamp.
Most of the exposed material appears to be compacted oyster shell with other
shell species intermixed. The area has been partially filled with spoil presumably
from Haldeman Creek, and that material leveled. To the north of the site is a
small bayou that might have been part of the original channel of Haldeman
Creek. A partial wall fragment of a hafted Busycon hammer was surface
collected from the site. No other artifacts or ceramics were observed. This site
may be the remnants of a small round to oval-shaped midden ridge paralleling
Haldeman Creek a distance east of its juncture with Naples Bay. The visible
portion of this site is about 30 feet north-south by 50 feet east-west, or
approximately 1500 square feet in total.
Site 8CR926 is a disturbed, formative period shell midden, and is of local
significance. There is insufficient data to determine whether the site is potentially
eligible for listing on the National Register of Historic Places. The northern part
of the 20.52-acre tract that encompasses the site is not proposed for
development and will be part of a preserve area. However, if the area of the site
is to be impacted, then phase two testing is recommended to determine the full
site extent and significance. Any improvements to the preserve will require an
archaeological management plan.
1.7 SHORT TITLE
This ordinance shall be known and cited as the "Windstar Planned Unit Development
Ordinance."
Windstar PUD Revised 8/17/06
9
Agenda Item No. 88
October 10, 2006
Page 45 of 60
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances and the respective land
uses of the tracts included in the project.
2.2 GENERAL
A. Regulations for development of Windstar shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and
other applicable sections and parts of the Collier County Land
Development Code in effect at the time of building permit application.
Where these PUD regulations fail to provide developmental standards,
then the provisions of the most similar district in the Collier County Land
Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in Collier County Land Development Code in
effect at the time of building permit application.
C. The development permitted by the approval of this petition will be subject
to review under the applicable provisions in effect at the time
development permits are requested.
2.3 DESCRIPTION OF THE PUD MASTER PLAN
The PUD Master Plan, including layout of streets and uses of land for the various tracts,
is illustrated graphically by the PUD Master Plan, attached hereto as Exhibit A.
2.4 PROJECT DENSITY
No more than the maximum of 584MB dwelling units shall be constructed in the total
project area.
The gross project area is J.2.G341.12 acres. The gross project density, therefore, will be
a maximum of 1.71 units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Prior to recording the Subdivision Plat, and/or approval of a Condominium Plat, final
plans shall receive approval of the appropriate Collier County governmental agency to
insure compliance with the PUD Master Plan, the Collier County Land Development
Code and the platting laws of the State of Florida.
Windstar PUD Revised 8/17/06
9
Agenda Item No. 88
October 10, 2006
Page 46 of 60
2.6 MODEL HOMES AND SALES FACILITIES
Model homes/model home centers, sales centers and administrative offices shall be
permitted in conjunction with the promotion of the development subject to the applicable
provisions set forth in the Collier County Land Development Code.
2.7 TRACT S
A temporary sales center and administrative office is permitted in the tract designated
"S" on the PUD Master Plan, subject to the applicable provisions set forth in the Land
Development Code.
2.+8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code.
2.98 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
With regard to t:+he land areas and recreation amenities whose ownership and
maintenance responsibility is a common interest to all subsequent purchasers of
property within said development in which the common interest is located, a Master
Property Owners Associations has been established, the functions if which include
responsibility the devolopor h3s providod the 3ppropri3to 18g31 instruments for tho
ect::lblishment of ::l M3ster Property Ownors l\ssoci3tion whoso function includes
provisionc for the perpetual care and maintenance of those common facilities and open
space. The Master Property Owners Association is governed and bound by the
document This document is known as the "Master Declaration of Covenants, Conditions
and Restrictions for Windstar" as recorded in Collier County O.R. Book 1075, Pages
736-755.
Windstar PUD Revised 8/17/06
9
Agenda Item No. 88
October 10, 2006
Page 47 of 60
SECTION III
RESIDENTIAL TRACTS:
C, D, E, F, G, H, I, J, K, L, M, N, 0, P, T
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated on the PUD Master Plan as residential tracts.
3.2 MAXIMUM DWELLING UNITS
Tracts designated for residential uses shall be developed in accordance with the
standards set forth in the Collier County Land Development Code and the development
regulations established in this ordinance provided the total number of dwelling units for
the entire Windstar PUD does not exceed 649584.
3.3 USES PERMITTED
The type of principal use that characterizes the initial development of any tract shall be
carried throughout the development of that entire tract.
No building or structure, or part thereof, shall be erected, altered or used, or land used,
in whole or part, for other than the following.
A. Principal Uses:
1. Single Family Detached
2. Patio Home (Zero Lot Line)
3. Duplex
4. Townhouse
5. Villas, Multi-family
6. Recreation Community Facilities (See B.2 below)
B. Accessory Uses:
1. Customary accessory uses and structures, including carports, garages,
patios, pools, spas, tennis courts, playgrounds, decks, fences and other
accessory uses that are typically associated with similar principal uses
per the Land Development Code.
2. Recreational community facilities that serve as an integral part of a
residential tract and have been designated, reviewed and approved on a
site development plan or Preliminary Subdivision Plat for that
development. Recreational facilities may include, but are not limited to,
clubhouses and swimming pools.
3. Small buildings, enclosures, or other structures constructed for purposes
of maintenance, service or shelter.
4. Small dDocks, piers, boardwalks or other such facilities constructed for
purposes of providing water access to residents of the projectbko 300ess.
Windstar PUD Revised 8i17i06
9
Agenda Item No. 88
October 10, 2006
Page 48 of 60
3.4 DEVELOPMENT STANDARDS
PERMITTED USE TYPE "I" SINGLE- TYPE "II" PATIO TYPE "III" TYPE "IV" MUL TI-
STANDARDS FAMILY HOME/ZERO LOT TOWNHOUSE FAMILY VILLAS
LINE/DUPLEX
Minimum Land Area Per
Dwelling Unit 5000 SF 3000 SF 2500 SF 2000SF
Site or Lot Width Min. 50 FT 30 FT 25 FT N/A
Avg.
Front Yard Setback, 20 FT 20 FT 20 FT 20 FT
Principal
Front Yard Setback, 10 FT 10 FT 10 FT 10 FT
Accessory
Side Yard Setback, o FT OR A MIN. OF 6 OFT OR A MIN. OF 6 o FT FOR GOLF
Principal 7'hFT FT FT COURSE; ALL OTHER
10 FT
Side Yard Setback, OFT ORA MIN. OF 6 o FT OR A MIN. OF 6 o FT FOR GOLF
Accessory 7 'h FT FT FT COURSE; ALL OTHER
10 FT
Rear Yard Setback, o FT FOR GOLF o FT FOR GOLF o FT FOR GOLF o FT FOR GOLF
Principal COURSE; ALL COURSE; ALL COURSE; ALL COURSE; ALL OTHER
OTHERS 15 FT OTHERS 15 FT OTHERS 15 FT 20 FT
Rear Yard Setback, o FT FOR GOLF o FT FOR GOLF o FT FOR GOLF o FT FOR GOLF
Accessory COURSE; ALL COURSE; ALL OTHER COURSE; ALL COURSE; ALL
OTHERS 10FT 10 FT OTHERS 10 FT OTHERS 10FT
Max. Building 30 FT 30 FT 40 FT 40 FT
Height
Distance Between 20' ORA DISTANCE
Principal Structures N/A N/A N/A EQUAL TO 'h THE SUM
OF THE BUILDING
HEIGHTS,
WHICHEVER IS
GREATER
Floor Area 1 STORY-800 SF 1 STORY-800 SF
Minimum/Dwelling Unit 1000 SF 900 SF 2 OR 3 STORY-1200 2 OR 3 STORY-1200 SF
SF WITH AT LEAST WITH AT LEAST 800
800 SF ON 1ST FLOOR SF ON 1 ST FLOOR
Lake Setback trom 3.5'
Contour, Principal 20 FT 20 FT 20 FT 20 FT
Lake Setback trom 3.5' 20 FT OR 0 FT WITH o FT OR o FT OR o FT OR STRUCTURAL
Contour, Accessory BULKHEAD STRUCTURAL STRUCTURAL INTRUSION UP TO 10
INTRUSION UP TO 10 INTRUSION UP TO 10 FT ALLOWED WITH
FT ALLOWED WITH FT ALLOWED WITH BULKHEADS
BULKHEADS BULKHEADS
Min. Right-ot-Way N/A UNLESS N/A UNLESS
Easement Widths for 40 FT PLATTED PLATTED N/A
Platted Roads with Valley RIGHT-OF-WAY, RIGHT-OF-WAY,
Gutter or Curb and Gutter THEN 40 FT THEN 40 FT
Windstar PUD Revised 8/17/06
9
Agenda Item No. 88
October 10, 2006
Page 49 of 60
TYPE "II"
PERMITTED TYPE "I" P,^,TIO HOME/ZERO TYPE "III" TYPE "IV"
USE STANDARDS SI~JGLE Fi\MIL Y LOT LINE/DUPLEX TOW~JHOUSE MUL TI F,^,MIL Y VILL/I.S
Minil'Rum Land
Area Per Dwelling Unit 5000 SF ~OOO SF 2500 SF 2000SF
Site or Lot
Width Min. .'\vg. 50 FT ~O FT 25 FT Nf.A
Front Yard
Setback, Prinoipal 20 FT 20 FT 20 FT 20 FT
Front Yurd
Setbaok. Aooecwry 10 FT 10 FT 10 FT 10 FT
Side Yard o FT FOR
Setbaok, Principal o FT OR 1', o FT OR /1. GOLF COURSE; ALL
7% FT MIN. OF 6 FT MIN. OF 6 FT OTHER 10 FT
Side Yard o FT FOR
Setbaok, Acceswry o FT OR ^ 9 FT OR A GOLF COURSE; /',LL
7% FT MIN. OF 6 FT MIN. OF 6 FT OTHER 10 FT
Rear Yard o FT FOR o FT FOR o FT FOR o FT FOR
Setbaok, Prinsipal GOLF COURSE; ALL GOLF COURSE; ALL GOLF COURSE; ,^,LL GOLF COURSE; ALL
OTHERS 15 FT OTHERS 16 FT OTHERS 16 FT OTHER 20 FT
Roar Yurd o FT FOR o FT FOR o FT FOR o FT FOR
Setback, .^.sseswry GOLF COURSE; .^.LL GOLF COURSE; ALL GOLF COURSE; .'\LL GOLF COURSE; ALL
OTHERS 10 FT OTHER 10FT OTHERS 10FT OTHERS 10 FT
Max. Building
Hoight 30 FT ~o FT 40 FT 40 FT
Distanoe 20' OR .II.
Bet\'Ieen Principal DISTANCE EQU/'.L TO
Struoturo~ % THE SUM OF THE
BUILDING HEIGHTS,
IJVHICHEVER IS
NtA NtA ~J,(^ GRE'\TER
Floer Area 1 STORY 1 STORY gOO
Minimum/Dwolling Unit ~ *
2 OR 3 2 OR:3
STORY 1200 SF WITH STORY 1200 SF \"lITH
AT LE.'\ST gOO SF mJ AT LEi\ST 800 SF ON
1000 SF 900 SF -t S+ +bGGR -t S+ +bGGR
Lake Setb3ck
frem ~.6' Conteur.
~ 20 FT 20 FT 20 FT 20 FT
Lako Setbaok o FT OR o FT OR o FT OR
from d.5' Contour. STRUCTURAL STRUCTURAL STRUCTURAL
,^.ooessory INTRUSION UP TO 10 INTRUSION UP TO 10 INTRUSION UP TO 10
20 FT OR 0 FT ALLOWED '!'11TH FT /'.LLOWED WITH FT .^.LLOVVED WITH
FT WITH BULKHe.^.D BULKHEADS BULKHE^.DS BULKHE.'\DS
Min. Right of N/A UNLESS Ni/'. U~JLESS
Way E3~omont \!'Iidth~ for PLATTED PL/'.TTED
Platted Roade with Valley RIGHT OF RIGHT OF
Gutter or Curb 3nd Guttor WM-, WA'f.,
40 FT THEN 40 FT THEN 40 FT NtA
NOTE: Unless otherwise indicated, development standards apply to principal structures.
Windstar PUD Revised 8/17/06
9
Agenda Item No. 88
October 10, 2006
Page 50 of 60
Front yard setbacks shall be measured as follows:
(1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line.
(2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb, valley gutter or edge ot
pavement.
(3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line.
3.5 OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Section 4.05.00Division 2.0 of the Collier County Land
Development Code in effect at the time of building permit application.
No recreational or commercial vehicle parking is allowed within residential tracts.
Parking within principal structures is permitted.
3.6 HOUSING TYPES
A Sinole Family: A building which contains only one dwelling unit and is
intended, designed, used and occupied by no more than one family.
B. Patio (Zero Lot Line): A structure in which one wall is concurrent with a
side property line and the required minimum six foot side yard is shifted to
the non-zero side lot line.
C. Duplex: Means a housing structure containing two dwelling units either
vertically or horizontally attached.
D. Sinole Family Attached/Townhouse/Row House: Multiple family structure
which includes a series of three or more single family vertically attached
housing units having no separate dwelling unit above another. May be
more than one story, but no more than three habitable floors.
E. Villas: Multiple family structure containing three or more dwelling units
both vertically and horizontally attached typically with dwelling units over
dwelling units having irregular shaped exterior walls.
F. Multiple Family: A group of three or more dwelling units within a single
conventional building, attached side by side, or one above another, or
both, and wherein each dwelling unit may be individually owned or leased
but the land on which the building is located is under common or single
ownership.
3.7 BUILDING HEIGHT
The vertical distance measured from the first finished floor to the highest point of
the roof surface of the flat or Bermuda roof, to the deck line of a mansard roof
and to the mean height level between eaves and ridge of gable, hip and gambrel
roofs. Where minimum floor elevations in flood prone areas have been
established by law, the building height shall be measured from such required
Windstar PUD Revised 8/17/06 9
Agenda Item No. 88
October 10, 2006
Page 51 of 60
minimum floor elevations. (See Section 4.02.01.0.1 and 2. 2.6.3 of the Land
Development Code, "Exclusion from Height Limits" and "Off-Street Parking
Within a Building")
3.8 TRACT I GOLF COURSE MAINTENANCE FACILITIES
A portion of Tract I may be used as the location of a golf course maintenance
facilities and effluent reuse pumping facilities. At such time as the golf course
maintenance facilities are no longer used, the area shall revert to a residential
tract as provided for by Section III.
Windstar PUD Revised 8i17i06
10
Agenda Item No. 88
October 10, 2006
Page 52 of 60
SECTION IV
GOLF COURSE AND OPEN SPACE TRACTS
TRACTS BAND R
4.1 PURPOSE
The purpose of this section is to set forth the development plan and development
standards for the areas designated as Tract B, Golf Course and Tract R, Open
Space, on the PUD Master Plan, Exhibit "A". The primary function and purpose of
this tract is to provide golf course, open space, and recreational facilities. All native
vegetation has been preserved and protected where possible.
4.2 USES PERMITTED
No building or structure or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A. Principal Uses:
1. Golf Courses
2. Lakes and Water Management Facilities
3. Open Spaces/Nature Preserves (Conservation Area)
4. Pedestrian and bicycle paths or other similar facilities constructed for
purposes of access to or passage through the common's areas.
5. Sm311 dDocks, piers, boardwalks, or other such facilities constructed
for purposes of providing water access to residents of the
projecLb3yfront or lake accoss.
B, Permitted Accessory Uses and Structures
1. Clubhouse, pro-shop, practice driving range and other customary
accessory uses of golf courses, or other recreational facilities.
2. Facilities for the preparation and serving of food and beverages (both
alcoholic and non-alcoholic) for the exclusive use of patrons of the golf
course or other associated recreation amenities. The sale of
recreational equipment and associated wearing apparel, related to the
golf course or other permitted recreational facilities.
Windstar PUD Revised 8/17/06
11
Agenda Item No. 88
October 10, 2006
Page 53 of 60
3. Small buildings, enclosures or other structures constructediGR for the
purpose of maintenance, storage, recreation or shelter with
appropriate screening and landscaping.
4. Shuffleboard courts, tennis courts, swimming pools, playgrounds, and
other types of facilities intended for outdoor recreation.
4.3 DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure of
structures, location of access streets and parking areas and location and
treatment of buffer areas.
B. Lighting facilities shall be arranged in a manner which will protect roadways
and neighboring properties from direct glare or other interference.
C, A site development plan meeting all of the Development Regulations shall be
required in accordance with Section 2.5 of this PUD Document.
D. Maximum Height: Forty-six (46) feet with the building height as defined in
Article 6 of the Land Development Code.
E. Minimum Off-Street Parking and Loading: As required by Section
4.05.00Division 2.0 of the Land Development Code, at the time of building
permit application.
F. Buildings shall be setback a minimum of 30' from abutting residential tracts
outside this PUD, and the setback area shall be appropriately landscaped
and maintained as a buffer zone.
Windstar PUD Revised 8/17/06
12
Agenda Item No. 88
October 10, 2006
Page 54 of 60
SECTION V
CONSERV ATION/PRESERVE TRACT Q
5.1 PURPOSE
Conservation/Preserve Area - The purpose is to preserve and protect the native
vegetation and naturally functioning habitat, such as wetlands, in their natural state.
5.2 USES PERMITTED
No building or structure or part thereof shall be erected, altered or used, or land
used, in whole or in part, for other than the following, subject to local, regional, state
and federal permits when required:
A. Principal Uses
1. Open Spaces/Nature
2. Sm~1I docks, piers or bBoardwalks and other such facilities for the
purpose of providing water access for residents of the project, subject
to appropriate approvals by permitting agencies.
B. Permitting Accessory Uses and Structures
Accessory uses and structures customarily associated with the uses
permitted in this District.
Windstar PUD Revised 8/17/06
13
Agenda Item No. 88
October 10, 2006
Page 55 of 60
SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of Windstar.
6.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable state and local laws, codes, and
regulations applicable to this PUD in effect at the time of local final development
order or building permit application. Except where specifically noted or stated
otherwise, the standards and specifications of the Land Development Code shall
apply to this project even if the land within the PUD is not to be platted. The
developer, his successor and assigns, shall be responsible for the commitments
outlined in this document.
The developer and all subsequent landowners are hereby placed on notice that they
are required to satisfy the requirements of all applicable County ordinances or
codes in effect prior to or concurrent with any subsequent development order
relating to this site. This includes, but is not limited to, Subdivision Master Plans,
Site Development Plans and any other application that will result in the issuance of
final local development order or building permit.
6.3 PUD MASTER PLAN
A. Exhibit A: The PUD Master Plan reflects existing conditions and site
improvements made since approval of the original Windstar PUD (Ordinance
No. 81-40) on 'NaB 3pprovod August 25, 1981, and since approval of the
amendments to the Windstar PUD (Ordinance Nos. 82-54 and 93-23) on July
13, 1982 and May 11, 1993, respectively. The PUD Master Plan is also
consistent with the Plat of Windstar as recorded in Collier County Plat Book
14, pages 11 through 15.
B. All necessary easements, dedications, or other instruments have been, or
shall be granted to insure the continued operation and maintenance of all
service utilities and all common areas in the project.
Windstar PUD Revised 8/17/06
14
Agenda Item No, 88
October 10, 2006
Page 56 of 60
6.4 TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. All adjacent projects that desire a connection to the Windstar PUD shall also
have access from a public road where geographically feasible. All streets
shall remain private with controlled access.
B. The developer shall provide a fair share contribution toward the capital cost
of traffic signal on Bayshore Drive at the main project entrance when deemed
warranted by Collier County. The signal will be owned, operated and
maintained by Collier County.
C. Windstar Boulevard west from Bayshore Drive to the intersection with
Haldeman Creek Drive shall be four-Ianed. Lighthouse Lane will serve as
access to the Harrington Sound subdivision, and Yacht Harbor Drive will
provide access to the Southpointe PUD.
D. Ingress/egress shall be provided to the sixteen residential units located in the
City of Naples parcel west of the clubhouse.
E. At the time of approval of this amendment to the PUD Document, the
Bayshore Gateway CRA ("CRA") plans to improve or "streetscape" Lakeview
Drive as part of the redevelopment of the area. The CRA, however, has yet
to determine the final improvement plans for Lakeview Drive. Accordingly,
the developer shall contribute to, and assist with, the improvements to
Lakeview Drive as follows:
1. Within 90 days of approval of this amendment to the PUD Document
(to wit: on or before , 2006), the developer shall pay $75,000
to a CRA Trust Fund designated exclusively for improvements to
Lakeview Drive. This amount represents the current cost of (1)
installing a sidewalk from Bayshore Drive, west along the length of
Lakeview Drive, to the PUD boundary; and (2) engineering and
installing asphalt for the widening of Lakeview Drive from 18 feet to 22
feet.
2. The developer shall enoineer and desion the water manaoement
facility for the 20.52 acre parcel which is the subiect of PUD
Amendment PUDZ-A-2005-AR-8438 to accept storm water run-off
from Lakeview Drive. The capacity of this water manaoement facility
will be determined throuoh the South Florida Water Manaoement
District permittino process. This information shall be provided to the
County as part of the site development plan review and approval
process.
Windstar PUD Revised 8/17/06 15
Agenda Item No. 88
October 10, 2006
Page 57 of 60
6.5 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with, or following the
construction of, the principal structure except as allowed in the Land Development
Code and for construction site office and rel3ted bcilities such 3S Project
/\dministr3tivo Offices 3nd Project S31es Officesof the Temporary Sales Center and
Administrative Office on Tract S.
6.6 SIGNS
All signs shall be in accordance with Division 2.5 of the Collier County Land I
Development Code.
6.7 ENVIRONMENTAL
If gopher tortoise burrows (active, inactive and/or abandoned) are located on site,
they shall be indicated on the Site Development Plan or Preliminary Subdivision
Plat and field verified by Collier County Project Review Services Environmental
Staff. Management plans and/or permits from Florida Game and Fresh Water Fish
Commission (if appropriate) shall be submitted to Project Review Services
Environmental Staff for review and approval. Areas of retained native vegetation
may serve as potential gopher tortoise relocation areas, if applicable.
The conservation/preserve tract shall be recorded on a replat or a separate
easement in favor of Collier County with no responsibility for maintenance and
subject to protective covenants as per or similar to Chapter 704, Section 704.06 of
the Florida Statutes.
The applicant shall be required to remove all prohibited exotic vegetation on site
and to prevent the reinvasion of prohibited exotic vegetation by maintaining the site
exotic free in perpetuity.
The 20.52-acre parcel, which is the subject of this latest PUD amendment, shall be
consistent with the applicable environmental provisions of the Growth Management
Plan (CCME) and the Land Development Code in effect at the time of final
development order approval.
All mangroves along Haldeman Creek shall be preserved, with the exception of the
impacts caused by the boardwalks/walkovers necessary for access to docks along
the shoreline of Haldeman Creek,
Windstar PUD Revised Bi17/06
16
Agenda Item No. 88
October 10, 2006
Page 58 of 60
6.8 UTILITIES
A. Future sewage collection and transmission facilities to serve the project are
to be designed, constructed, conveyed, owned and maintained in
accordance with all applicable County Collier County Ordin:mce No. 88 76,
::lS ::lmended, ::lnd other applicable County ordinances, rules and regulations.
B. All customers connecting to the sewage collection facilities will be customers
of the County and will be billed by the County in accordance with the
County's established rates.
C. Utility construction documents for future sewerage systems shall be
consistent with all applicable Collier County Ordinance No. 88 76, as
amended, and other ::lpplicable County ordinances, rules and regulations.
The Developer's Engineer shall meet with the County staff prior to
commencing preparation of construction drawings, so that all aspects of any
future sewerage system design can be coordinated with the County's sewer
master plan.
D. Design computations for future projects shall be prepared and submitted to
the County and shall contain, but not be limited to, data on sewage flow rate,
number of contributing sources, minimum and maximum flows anticipated
per run between manholes and the corresponding depths of flow, velocity
and a minimum and maximum flow condition, recommended pipe slopes,
and any additional computations consistent with all applicable Collier County
Ordinance No. 88 76 as amended ordinances, rules and regulations.
F :\vlpdoos\L1T\CC B\/'.ntammian\V'/inds13r _FC _ Rozonc\VVindstar PU D Document. wpd
Windstar PUD Revised 8/17/06
17
Agenda Item NO~88
October 10, 2 06
Page 59 0 60
ORDINANCE NO. 06-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORA TED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM PLANNED UNIT
DEVELOPMENT (PUD) AND RESIDENTIAL MULTI-
FAMILY-6 (RMF) AND RMF-6(3) TO RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) FOR A
PROJECT KNOWN AS WINDST AR RPUD, FOR
PROPERTY GENERALLY LOCATED ON THE WEST
SIDE OF BA YSHORE DRIVE, APPROXIMA TEL Y 0.6
MILES SOUTH OF THE BA YSHORE DRIVE AND U.S,
41 (TAMIAMI TRAIL EAST) INTERSECTION IN
SECTIONS II, 14 AND 23, TOV.'NSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 20.52 ACRES; PROVIDING FOR A
PARTIAL REPEAL OF ORDINANCE NUMBER 93-23,
THE WINDST AR PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Clay C. Booker of Cheffy, Passidomo Wilson & Johnson, LLP, representing
Lakeview Drive of Naples LLC, petitioned the Board of County Commissioners, in Petition No.
PUDZ-A-2005-AR-8438, to change the zoning classification of the herein described real property.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Sections 1 I, 14
and 23, Township 50 South, Range 25 East, Collier County, Florida, is changed from Planned
Unit Development (PUD) and Residential Multi-Family-6 (RMF) and RMF-6(3) to Residential
Planned Unit Development (RPUD) in accordance with the additions and deletions to Ordinance
Number 93-23, the Windstar PUD, as reflected in the RPUD Document, attached hereto as Exhibit
"A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas
map or maps as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/arc hereby amendcd accordingly.
SECTION TWO:
Ordinance Number 93-23, known as the Windstar PUD, adopted on May I], ] 993 by the
Board of County Commissioners of Collier County, is hereby repealed only to the extent that the
Words simek tMettgll. are deleted; words underlined are added.
Page 1 0[2
Agenda Item No 88
October 10, 2 06
Page 60 0 60
Ordinance is inconsistent with the additions and deletions set forth in the Windstar RPUD
Document attached hereto as Exhibit "A", All other provisions of Ordinance Number 93-23 shall
remain in full force and effect.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this _ day of
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency
Marj e M, Student-Stirling
Assistant County Attorney
06-CPS-lJ0440/4
Words simek thraugh are deleted; words underlined are added.
Page 2 of2
Agenda Item No. 8e
October 10, 2006
Page1of17
Executive Summary
Recommendation that the Board of County Commissioners adopt 1) a Resolution revising
the Collier County Water-Sewer District Utilities Standards Manual and 2) an Ordinance
amending the Collier County Utilities Standards and Procedures Ordinance, Project
Number 70202
OBJECTIVE: The public purpose is to provide for a technically viable and current Collier
County Water-Sewer District Utilities Standards Manual (SM) and Ordinance that govern the
installation of sustainable and safe utilities infrastructure within the County.
CONSIDERATIONS: The Utilities Standards and Procedures Ordinance outlines County
procedures and guidelines for the design and construction of both County-Constructed and
Privately-Constructed Utilities Systems in Collier County. The SM, which is an integral part of
the Ordinance, provides engineering as well as drawing detail sheets for components of utility
systems. Staff seeks to incorporate in the SM the input of the development community
(engineers and contractors) along with input from the County Public Utilities water and
wastewater operators to promote optimal and reliable operation and maintenance of utilities
infrastructure, Both of these groups, as well as the Public Utilities Engineering Department and
the Community Development and Environmental Services Engineering Review Services
Department, are represented at monthly utilities subcommittee meetings.
---
The first Utilities Standards and Procedures Ordinance, Ordinance No. 88-76, was adopted in
1988. It has been amended by the Board on several occasions, with the latest amendment on
May 11,2004. On that date, the BCC adopted the Utilities Standards and Procedures Ordinance,
Ordinance No. 2004-31, as well as the first edition of the SM.
The Utilities Code Subcommittee (Subcommittee) of the Development Services Advisory
Committee (DSAC) consists of members from the Public Utilities Division, the Community
Development and Environmental Services Division, and representatives from the construction
and development industry. Over the past year this Subcommittee has performed reviews of the
SM revisions and the ordinance, and on August 15, 2006, voted to approve the 2006 SM. On
September 6, 2006, the full DSAC approved the 2006 SM and minor ordinance amendment.
The Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and
the Ordinance amending the Collier County Standards and Procedures Ordinance, drafted by the
Public Utilities Project Manager and the Assistant County Attorney, have been advertised in the
Naples Daily News on September 29,2006.
FISCAL IMP ACT: There is no fiscal impact related to this action.
GROWTH MANAGEMENT IMPACT: This project is consistent with the 2005 Water and
Wastewater Master Plan Updates adopted by the BCC on June 6, 2006 as Agenda Item 10.B.
,,-.
Executive Summary
Collier County Water-Sewer District Utilities Standards Manual Update Project
Page 2
Agenda Item No. 8e
October 10, 2006
Page 2 of 17
RECOMMENDATION: That the Board of County Commissioners adopt 1) a Resolution
revising the Collier County Water-Sewer District Utilities Standards Manual and 2) an
Ordinance that amends Ordinance 2004-31.
PREPARED BY: Paulus R. Kwa, P.E., PMP, Project Manager, Public Utilities Engineering
Department
.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. Be
October 10, 2006
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8C
Recommendation that the Board of County Commissioners adopt 1) a Resolution revising the
Collier County Water-Sewer District Utilities Standards Manual and 2) an Ordinance
amending the CollIer County Utilities Standards and Procedures Ordinance, Project Number
70202.
10/10/20069.00:00 AM
Project Manager
Date
Prepared By
PaulKwa
Public Utilities
Public Utilities Engineering
9/13/20069:19:19 AM
Parfido E. Gramatges, P.E.
Sr. Project Manager
Date
Approved By
Public Utilities
Public Utilities Engineering
9/15/20069:14 AM
Roy B. Anderson, P.E.
Public Utilities Engineering Director
Date
Approved By
Public Utilities
Public Utilities Engineering
9/21120067:29 PM
Operations Director
Date
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
9122/2006 8:31 AM
Pamela Libby
Water Operations Manager
Date
App roved By
Public Utilities
Water
9/22/2006 8:33 AM
Purchasing/General Svcs. Director
Date
Approved By
Steve Carnell
Administrative Services
Purchasing
9/22/2006 9:41 AM
G. George Yllmaz
WasteWater Director
Date
Approved By
Public Utilities
WasteWater
9/22/200610:52 AM
Approved By
Ron Molly
Public Utilities
Operations Manager
Date
Wastewater
9/22/2006 10:55 AM
Public Utilities Administrator
Date
Approved By
James W. Delany
Public Utilities
Public Utilities Administration
9/25/20064:32 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
9126/20067:53 AM
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Date
Office of Management & Budget
9/29/20063:06 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10/2120062:49 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/2/20066:48 PM
Agenda Item No. 8e
October 1 O. 2006
Page 4 of 17
ORDINANCE NO. 2006-
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING
SUBSECTIONS 10.4.2 AND 10.4.3 OF COLLIER COUNTY ORDINANCE NO.
2004-31, AS AMENDED, THE COLLIER COUNTY UTILITIES STANDARDS
AND PROCEDURES ORDINANCE, REGARDING FILING RECORD
DRAWINGS AND DIGITAL FILES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE
WHEREAS. Subsections 10.4.2 and 10.4.3 of Collier County Ordinance No.
2004-31. as amended, the Collier County Utility Standards and Procedures
Ordinance, specify requirements that apply to the form and content of filing digital
files and record drawings; and
WHEREAS, staff is recommending that these specifics be removed from the text
of the Ordinance and concurrently be incorporated into the Utility Standards
Manual because the Manual can be amended by Resolutions of the Board of
County Commissioners without amending any Ordinance; and
WHEREAS, the Board of County Commissioners agrees with staffs
recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Subsections 10.4.2 and 10.4.3 in Ordinance No. 2004-31, as
amended. the Collier County Utility Standards and Procedures Ordinance. are
hereby amended to read as follows:
10.4.2. Three (3) sets of signed and sealed Record Drawings for the potable
water OR non-potable irrigation water OR wastewater systems to be conveyed
shall be submitted to the County or District. If potable water AND wastewater,
and/or non-potable irrigation water systems or portiones) thereof are being
conveyed, five (5) sets of signed and sealed Record Drawings shall be submitted
to the County staff. Each sheet of the Record Drawings shall identify the entity
that provided the record data, Drawings shall be referenced to and tie-in with the
state plane coordinate system, with a Florida East Projection. and a North
American Datum 1983/1990 (NAD83/90 datum), and with United States Survey
Feet (USFEET) units, as established by a registered Florida surveyor and
mapper. Files shall be submitted in Digit;)1 Exchange File (DXF) format in
^utoC/\D Releas13 14 or I3t13r version. Recore drawings challtl13 submitted to the
County &taff within 60 days of the final construction completien dote.
10.4.3. The following items chall be aesuratoly depicted on tho Record Drawings~
and diQital files shall be submitted in accordance with the reauirements in the
Standards Manual.
a) Sewor system inverts, pipo slopos, manhole rim olevations and run lengths.
b) So'....or latorallocations &tationod from the noarest downstream manhole.
c) So.....er main &tub extension invorts 3t both ends, pipe slope. run length 3nd
location.
I
Words Underlined are added; Words Stmek Threl:lgh are deleted,
Agenda Item No. 8e
October 10, 2 06
Page 5 0 17
d) Tie ins an~ state plana ooordinate \'albles to all valves, air releaso assemblios,
fire hydral1ts, mant'leles, 910':;4:)1%, etc.
e) LeGation aR~ Elimensienal ties to lift station electrical sorvices and traRsfarmer.
SECTION TWO. Conflict and Severability.
The provisions of this Ordinance shall be liberally construed to effectively carry
out its purpose in the interest of public health, safety, welfare and/or
convenience. If any section, phrase, sentence or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed separate, distinct, and an independent provision,
and such holding shall not affect the validity of the remaining portions thereof.
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 the Ordinance
may be renumbered or relettered 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 being filed with the Department of
State
PASSED AND DULY adopted by the Board of County Commissioners OF
Collier County, Florida, this _ day of , 2006,
ATTEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and legal sufficiency:
By: ~W'\ ?M~
Thomas C. Palmer,
Assistant County Attorney
2
Words Underlined are added; Words Struek Through are deleted,
Agenda Item No. 8e
October 10, 2006
Page 6 of 17
RESOLUTION NO. 2006 - _
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING AMENDMENTS TO THE COLLIER COUNTY
WATER-SEWER DISTRICT'S UTILITIES STANDARDS MANUAL, WHICH IS AN
INTEGRAL PART OF COLLIER COUNTY ORDINANCE NO. 2004-31, THE
COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE,
CODIFIED IN ARTICLE III OF THE CODE OF LAWS AND ORDINANCES
(CODE); PROVIDING ADELA YED EFFECfIVE DATE
WHEREAS, in 2004 the Board of County Commissioners (Board) adopted Collier
County Ordinance No. 2004-31, entitled the Collier County Utilities Standards and Procedures
Ordinance (the "OTdinance"), codified as Article III, Utilities Standards and Procedures, in
Sections 134-51 through 134-64 of the Code of Laws and Ordinances, and
WHEREAS, The "Collier County Water-Sewer District Utilities Standards Manual,"
(Manual) was adopted by the Board concurrently with the Ordinance, including all of the
Manual's exhibits; and
WHEREAS, after input from the stakeholders, the Development Services Advisory
Committee agrees with these amendments all of which have been recommended by the Utility
Code Subcommittee, staff is recommending that the Board adopt the attached Resolution to
approve these amendments to the Manual; and
WHEREAS, the Ordinance provides that revisions to the Manual are to be approved by
Resolutions of the Board; and
WHEREAS, the Executive Summary accompanying this Resolution details all significant
amendments to the Manual; and
WHEREAS, the Board accepts these recommendations to amend the Manual.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Collier County Water-Sewer District Utilities Standards Manual, as amended, is
hereby approved. The Manual, as amended, shall take effect on the 14th day of October, 2006,
This Resolution is adopted after motion, second and majority vote favoring adoption this
_ day of October, 2006.
ATTEST
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
Deputy Clerk
By:
FRANK HALAS, Chairman
Approved as to form and legal sufficiency:
By: \",1} ~ r 011.4,.---
Thomas C. Palmer,
Assistant County Attorney
C')
N
0
N
U(.Or- 0
5iQ0"-- ""
, 0_ "C
'lO C
5r- C'll
N
E~ Q) N
0
alL-OJ N
......al(ll 0
-..oLl. ""
roo .
'0......
C() 0
alO Z
OJ
<( ....
CJ
CI)
'-
0
I-
0..
-
ca
:=:
Q,
ca ,....
U 0
>-
....
-
ca
::J
c: 10
0
CO >-
:!: ....
tJ)
"C
I-
ca
"C
c:
ca
....
en
t/)
CI)
E
-
,-
....
:J
CO
0
0
N
, .
Q)
E
ra
z
....
u
Q)
'-
0
I-
0..
l"')
...
-
~ 0
~[]
....
...
-
o
- -"
"=I'
...
5
r-I-u-~
~[J
....
...
-
o
"=I'
...
-
o
.- ,~.
" ,"",,-,,'''f---
_,.._,.. _ .._ .,_. ",- '~H ~.. 1-,,--, --
"=I'
...
-
o
_,. _. ._.,.,_. .-.. ..." .-". .. -., ....-. -I--
~1_n.~1
~I ~I
.,,,..3;1
....
...
-
a
"=I'
...
-
a
-
"=I'
...
5
to 1--" -~ r'-"-
rel-" ~
_.._01
-
"=I'
o
o
N
....
...
5
l"')
...
5
N
...
5
....
...
-
a
-
III
0
()
~~
zz
c ~
0
:zi c
I- :!i 0
z ~
w ~
> C" lU
W U III
<C ::)
'tJ 'tJ
C C
IU IU
.... ....
.~
..-."" .. ..--
.'
.- ,. ..
.H _
0
0
0
Q
co
~
><
e
c. <( <( ~
c. -- --
< z z z
~
E c -
IU
... 0 .... i:i
lU ':i:i c 0 l!!
D. u 0 I- j
....... ~ :zi ....
c ... u u
.~ .... lU lU 0::
III 0. ...., c
III C III 0 0
lU 0 C ... 1:5
c U I-l D. <
I I I III
{;
l;;;
~
c::
.l!l
(/)
Ill....
~~
:s~
::;, ...
_ II>
(,;).Q
'- E
~ :::
.- <::
0-
... (,;)
~ ,~
Q) e
(/)Cl,
..:. .
Q) Q)
_ (,;)
~ 1ij
::.., ,5;
-1:1
c:: l;;;
:::0
o III
o Q)
~ 5
,- 1:1
:::: II>
o (,;)
o e
Q)Cl,
-::1:1
o,t:
c:: In
:!?l ~
::. ...
~~
t: t:
,O.l!l
.;:;(/)
.::! CIl
~ .~
Q,):t:::
o::S
l\l:::;'
;::-.0
_ c::
Q,:::
-88
l\l: ...
V) .S!
a>:::::
t: 0
00
.- II>
.~ 5
E 0,
E .5
01:1
o t:
::..,!!!
- t::
1:: l\l:
::: Q)
o \.)
o 1::
.... In
o t:
"E'E
l\l:0
o t:
co In
II>
~~
....1:1
l1:l t:
.z::: l\l
-;;70
o :::
-:.:: t::
~~
1::
<ll
E
E
o
\.)
<ll
0::
-
-
-
-
-
-
-
-
-
-
-
-
-
-
f--
f--
f--
I--
-
-
Agenda Item No. 8e
October 10, 2006
Page 8 of 17
ATTACHMENT - SUMMARY OF REVISIONS TO THE JULY 2005 EDITION OF
THE COLLIER COUNTY UTILITIES STANDARDS MANUAL
SECTION 3 - DETAIL DRAWINGS
1. The computer format of each Detail Drawing has been revised for easier Computer Aided
Design (CAD) use.
2. All statements regarding acceptable manufacturers were changed from "or equal" to "or
County approved equal."
3. Requirements were revised for restrained pipe lengths - a new Detail Drawing specifying
new reduced lengths was created.
4. The requirements for Contractors to contact Sunshine One Call and Utility Companies
prior to excavation were clarified.
5. Nine new Detail Drawings were created for Reclaimed Water Electrical and
Instrumentation & Controls infrastructure.
6. The force main Air Release Valve Detail Drawing was revised.
7. The requirement for valves at each end of Directional Drill Piping was clarified.
8. Various Water Department-requested revisions including changes to acceptable
manufacturers and addition of a maintenance driveway at large water meters were
incorporated,
9. Sizes of grease interceptors were revised to comply with the Florida Department of Health
and the Florida Administrative Code (F.A.C.).
SECTIONS 1 & 2 - DESIGN CRITERIA and TECHNICAL SPECIFICATIONS
1. A new specification section was provided regarding Pipe Removal and Demolition.
2. A new specification section was provided regarding Record Drawings, which amplifies the
existing requirements for surveyed as-built information.
3. The possible use of butterfly valves in water mains was deleted.
SECTION 4 - APPENDICES
1. The Deviation Form (Appendix A) will be available in Microsoft Word format and will be
more easily accessible from the County website,
2. The Water Meter Sizing Form (Appendix B) was revised to comply with the Florida Building
Code.
3. A New Product Form (Appendix E) was developed for manufacturers and vendors to
submit materials and services for consideration of County approval.
The 2006 Utilities Standards Manual can be viewed at the Collier County Public Utilities web site.
A detailed list of a/l chanaes made since Julv 2005 can be found on the followinq 9 oaaes.
Page 1 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 8C
October 10, 2006
Page 9 of 17
CHANGES TO STANDARD DETAILS - SECTION 3
No.
Revision
Date Comments
ALL GENERAL REVISIONS EACH DETAIL: 3/21/06 DATES ON EACH DETAIL CHANGED TO:
(1) EACH DETAIL CHANGED TO MODEL
SPACE IN AUTOCAD; REVISED: APRIL 2007
(2) ALL DETAILS PURGED;
(3) MOVED INSERTION PONT TO 0,0; Copy of each detail provided to DSAC
(4) SCALED TO 8.5 BY 11 PAPER; Subcommittee meeting attendees on 3/21/06.
(5) CHECKED FOR CONSISTENT FONT;
(6) REVISED LAYERS AND TEXT FOR
CONSISTENCY; AND
(7) CORRECTED SPELLING AND
ABBREVIATIONS,
ALL GENERAL REVISION: Replace text "aF 4/18/06 Subcommittee approval; changed Details G-5,
~" and "or approvod oc'll;Jnl" with "or NP-1, NP-4, NP-5, W-2, W-6, W-12, WW-2
County approved equal", thru WW-5, WW-6
GENERAL DETAILS
G-1 Added text to end of Note 1 3/06 Water Dept requested minor chanqe
G-2 Added Notes 4 & 5
Added text to end of Note 1 3/06 Water Dept requested minor change
Deleted Notes 4 and 5 regarding steel 4/18/06 Subcommittee approval
casinq and pipe class in subdivisions.
G-2A New Detail
Added steel casing to section; replaced 4/18/06 Subcommittee approval
note 4 regarding casing with new Note 4
regarding ROW permit stipulations, 5/16/06 Subcommittee approval
G-28 New Detail
Replaced note 4 regarding casing with new 5/16/06 Subcommittee approval
Note 4 regardinq ROW permit stipulations,
G-3 Removed Existinq Note 5 Duplicate of Note 4; Note 6 became Note 5
Added Notes 6 & 7
Added to Note 1 regarding vertical
separation and revise definition of pipe
clearances between pipes
Changed Pipe Callouts in Note 2
Note 2: Revise second line in parenthesis 4/18/06 Subcommittee approval
to state "(Class 235 AWWA C-905, DR
18...)" in lieu of Class 165, DR 25.
Revised Note 2 to requires Deviation Form 4/18/06 Subcommittee approval
if vertical clearance is less than 18 inches;
revised pipe class for PVC pipe sizes >12".
G-4 Added Note 6
Removed restrained pipe length table and 5/16/06 Subcommittee approval
associated notes to new Detail G-10,
G-5 Added to Note 1 regarding sub-aqueous
crossinqs
G-6 No chanqes identified
G-7 No chanqes identified
Page 2 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 8C
October 10, 2006
Page 10 of 17
No.
Revision
Date
Comments
G-8 Revised valve distance from each end of 4/18/06 Subcommittee approval
casing to be 40 ft; valve distance less than
40 ft will require Deviation Form; Note 9
revised to require valve to isolate the HDD
G-9 Added Note 6 to revise valve distance from 4/18/06 Subcommittee approval
each end of casing to be 40 ft; valve
distance less than 40 ft will require
Deviation Form; valves to isolate the HDD
G-9A Delete old Detail and substitute new Detail
G-10 New Detail for Restrained Pipe Lengths; 5/16/06 Subcommittee approval; restrained pipe
revised pipe lengths lengths previously shown on G-4; required
pipe lenqths re-calculated and revised,
NON-POTABLE WATER DETAILS
WP4 Detail is deleted; not needed
~ Revise motor actuated valve to be 5/16/06 Subcommittee approval
NP-1 open/close rather than modulatinq
~ Detail is deleted; covered in NP Electrical
Details
Nf2-4 Revise to show long service and short 7/18/06 Subcommittee approval
NP-2 service tubing sizes; clarify meter and valve
bv customer
N-P-& Probable future deletion of old Detail and 8/15/06 Change to Detail ID number only
NP-3 substitute new Detail; No changes at this
time
NON-POTABLE WATER DETAILS: ELECTRICAL & INSTRUMENTATION
NP-E1 Nine new drawings prepared by Dennis 10/18/05 DSAC Subcommittee approval; these
thru McGee for incorporation into the Manual. drawings address irrigation/reclaimed water
NP-E9 These drawings will be available on the connections with open/closed valves are
website in two formats, AutoCAD 11" by currently not available to the public.
17" DWG format and Adobe 8.5" by 11"
PDF format. 4/24/06 Revised Drawings (Standard Details) are
approved by PUED.
5/16/06 Subcommittee approval
WATER DETAILS
W-1 Deleted text "Megalug" 4/18/06 Subcommittee approval
W-2 Callout flushinq device model
Chanqe % stone to #57 stone 3/06 Water Dept requested minor chanqe
Added text to end of Note 6 3/06 Water Dept requested minor change
Delete Note 6 7/18/06 DSAC Subcommittee approval
W-3 Changed Note 3 to reflect use of SS or 8/16/05 DSAC Subcommittee approval
ductile iron saddles for all sizes
Deleted text "Meqaluq" 4/18/06 Subcommittee approval
W-4 Added to Note 4 regarding asbestos
cement pipe
Remove Febco as approved BFP supplier 3/06 Water Dept requested minor change
and substitute Ames
Changed Note 3 to reflect use of SS or 8/16/05 DSAC Subcommittee approval
ductile iron saddles for all sizes
Deleted text "Me alua" 4/18/06 Subcommittee a roval
g
~
pp
Page 3 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 8C
October 10, 2006
Page 11 of 17
No.
Revision
Date Comments
W-5 Chanoed Pedestal Callout
Add ARI D-040 as equal for air release 8/16/05 DSAC Subcommittee approval
valve
Removed "or approved equal" from ARV
callout
Revised Elbow Callout
Chanae % stone to #57 stone 3/06 Water Dept requested minor chanoe
W-6 Added reinforcing and depth to concrete 3/06 Water Dept requested minor change
collar
W-7 Changed Note 7 to reflect use of SS or 8/16/05 DSAC Subcommittee approval
ductile iron saddles for all sizes
Deleted text "Meqaluq" 4/18/06 Subcommittee approval
W-8 Corrected spellinq of Conbraco 3/06 Water Deot reauested minor change
Remove Febco as approved supplier and 3/06 Water Dept requested minor change
substitute Ames
Add Note 7 requiring a %-inch bypass flow 3/06 Water Dept requested minor change
meter
W-9 Remove Febco as approved supplier and 3/06 Water Dept requested minor change
substitute Ames
Deleted text "Megalug" 4/18/06 Subcommittee approval
W-9A New Detail: Temporary water/fire supply 8/15/06 DSAC Subcommittee approval
with compact backflow preventer
W-10 Remove Febco as approved supplier and 3/06 Water Dept requested minor change
substitute Ames
Add ARI D-040 as equal for air release 8/16/05 Implied by DSAC Subcommittee approval of
valve W-5; Water Dept reauested minor chanqe
Note 11 : Remove reference to A.M,R, 3/06 Water Dept requested minor change
meter
Deleted text "Mega lug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel
W-10A Old Detail deleted in its entirety; see new 3/06 Water Dept requested minor change
Detail
Rotated valve assembly to indicate proper 3/06 Water Dept requested minor change
flow
Added flanged strainer upstream of valve 3/06 Water Dept requested minor change
assembly
Changes sizes from 4" to 8" to be 4" thru 4/18/06 Subcommittee authorization for Hole Montes
10" research and revision
W-11 Remove Febco as approved supplier and 3/06 Water Dept requested minor change
substitute Ames
Deleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel
W-11A Added flanged strainer upstream of valve 3/06 Water Dept requested minor change
assemblv
Add Note 10 requiring a %-inch bypass 3/06 Water Dept requested minor change
flow meter
Change size from 8" only to be 4" thru 10" 4/18/06 Subcommittee authorization for Hole Montes
research and revision
W-11 B Detail to be deleted as product no longer 3/06 Water Dept requested minor change
available
W-12 Note 4.D revised to have one size clearly 4/18/06 Subcommittee approval
I stated for both lonq and short services;
Page 4 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No, 8C
October 10, 2006
Page 12 of 17
No.
Revision
Date
Comments
revise corp stop and tubing sizes; remove 7/18/06 Subcommittee approval
strainer from meter box detail; shown RPZ
device and qate valve by customer
W-13 Removed ABB compound meter and
inserted AMCO C3000
Compound Meter callouts revised
Added 8" Flanged Tee & Cap Callout
Clarified wording to Notes 4, 5, 6, & 10 Intent of wording not changed.
Note 11 Added
Notes 10 and 11 removed 3/06 Water Dept requested minor change
Remove Febco as approved BFP supplier 3/06 Water Dept requested minor change
and substitute Ames
Deleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel; add info for concrete slab
rebar and size; clarify Note 6 as follows:
add "from the meter assembly" after the
word "equipment"; Delete Note 9 regarding
auto meter reader
W-14 Remove Febco as approved supplier and 3/06 Water Dept requested minor change
substitute Ames
Added new Note 8 requiring epoxy lining to 3/06 Water Dept requested minor change
strainer
Deleted previous Notes 8 and 9 3/06 Water Dept requested minor chanqe
Deleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel; add info for concrete slab
rebar and size; clarify Note 6 as follows:
add "from the meter assembly" after the
word "equipment"
W-14A New Detail: Maintenance parking at water 8/15/06 DSAC Subcommittee approval
meters 6" and over
W-15 Remove Febco as approved supplier and 3/06 Water Dept requested minor change
substitute Ames
Added new Note 8 requiring epoxy lining to 3/06 Water Dept requested minor change
strainer
Deleted text "Mega lug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel; add info for concrete slab
rebar and size; add gauge cock & snubber
W-16 Remove Febco as approved supplier and 3/06 Water Dept requested minor change
substitute Ames
Deleted text "Mega lug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel; add info for concrete slab
rebar and size; slab width to be 6 ft; add
gauge cock & snubber
W -16A Detail to be deleted 3/06 Water Dept requested change
WASTEWATER DETAILS
WW-1 Deleted text "Megalug" 4/18/06 Subcommittee approval
WW-2 No changes identified
WW-3 Remove Ram-Nek joint callout at rim and 4/26/05
cover of manhole
Add text to rim callout regarding elevation
in unpaved areas
Added note to Section: Pipe shall be
Page 5 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 8C
October 10, 2006
Page 13 of 17
No.
Revision
Date Comments
beveled or square
Added 304 SS Inflow Protector
Added "Or County approved equal" to 4/26/05
Cretex chimney seal
Revise to eliminate manhole in unpaved 5/16/06 Subcommittee approval
area
WW-4 Added "Or County approved equal" to 4/26/05
Cretex chimney seal
Add text to rim callout regarding elevation
in unpaved areas
Added 304 SS Inflow Protector
Added note to Section: Pipe shall be
beveled or square
Removed Ram-Nek joint callout at rim & 4/26/05
cover
Revise to eliminate manhole in unpaved 5/16/06 Subcommittee approval
area
WW-5 Added "Or County approved equal" to 4/26/05
Cretex chimney seal
Add text to rim callout regarding elevation
in unpaved areas
Added 304 SS Inflow Protector
Added note to Section: Pipe shall be
beveled or square
Removed Ram-Nek joint callout at rim & 4/26/05
cover
Revise to eliminate manhole in unpaved 5/16/06 Subcommittee approval
area
WW-6 Added 304 SS Inflow Protector
Revised note on cast iron frame to state 4/18/06 Subcommittee approval
"...frame on concrete to be... "
Manhole ring and cover revised to only in 5/16/06 Subcommittee approval
paved areas and flush with pavement
WW-7 Pipe supports in vault to be stainless steel 4/18/06 Subcommittee approval
WW-8 Added Electrical Disconnect to Control
Panel
Number of Intake Lines Removed from
Odor Control Table
Removed most of Note 5 on control panel
and made reference to technical specs
Added Note 15
WW-8A New Detail
WW-8B New Detail
WW-9 Added text "Installed In Conduit" to ground
rod
Added Note 5
WW-10 Revised 2' dimension shown for C.O, 5/16/06 Subcommittee approval
height to be at time of preliminary utility
inspection; C,O. to be lowered to finish
grade at time of plumber's tie-in; revise
offset from ROW line to be 3"-12"
WW-11 No chanQes identified
WW-12 Revised 2' dimension shown for C,O. 5/16/06 Subcommittee approval
Page 6 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 8C
October 10, 2006
Page 14 of 17
No.
Revision
Date Comments
height to be at time of preliminary utility
inspection; C.O. to be lowered to finish
grade at time of plumber's tie-in; revise
offset from ROW line to be 3"-12"
WW-13 Remove Ram-Nekjoint from rim callout
Changed Riser RinQ callout
ChanQed Grout to Ram-Nek
Removed "or approved equal" from ARV
Major revisions to piping and structure to 4/18/06 Major revision approved by DSAC
allow 30" cover of pipe; Detail only Subcommittee
applicable in unpaved areas; top of
structure to be approx 2" above adjacent
grade and have slope to top
WW-14 Removed "EFF" from frame & cover callout
Removed "effluent main" from pipe callout
Added ** Note on Deviation
Delete old Detail; new detail is similar to 4/18/06 Major revision approved by DSAC
revised WW-13 except Detail is applicable Subcommittee
for paved areas
WW-15 No chanQes identified
WW-16 Revised 2' dimension shown for C.O. 5/16/06 Subcommittee approval
height to be at time of preliminary utility
inspection; C,O. to be lowered to finish
grade at time of plumber's tie-in; revise
offset from ROW line to be 3"-12"
WW-17 Revised antenna base to be designed by 7/18/06 Subcommittee approval
FL P.E. to current Building Code
Add note clarifying telemetry is not required 9/06/06 DSAC approval
for privately owned and maintained stations
WW-18 Removed "Consult with Collier County Staff
for" in Note D
Revised structural design criteria; added 5/16/06 Subcommittee approval subject to approval of
design submittal by PE; added witnessed Millie Kelley with Wastewater Dept; approval
leakage test; revised depth of liquid; received 6/1/06.
revised structural connections at piping;
revised table of acceptable sizes
Re-evaluate structure wall and slab 8/15/06 DSAC Subcommittee approval
thickness; revised to 6 inches minimum;
eliminate proposed Notes 1 and 2.
WW -18A No changes identified
CHANGES TO TECHNICAL SPECIFICATIONS - SECTION 2
Additions to text from Section 2 are shown in bold print, and deletions are shown with strike-through.
No.
Revision
Date
Comments
All Replace text "or equ31" and "or 3ppro'lod equal" with "or 5/16/06 Subcommittee approval based
Sections County approved equal". on PUED request to clarify use
of or equal suppliers; Total of
27 locations in Technical
Sections 02226, 02400, 02607,
02622, 02630, 02650, 02675,
Page 7 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
No.
01026
01045
01090
01600
01600
01750
02210
02226
Revision
Date
Measurement and Payment Section, Subtitle, Page 1: 5/16/06
Replace "(Applies only to Collier COloJnty Utilitios projoctG
or Worl~s, not to Private De'l9lopFAents ana not to Collier
COl:mty Trarlsportation Projects)" with the following
"(Applies only to Collier County Public Utilities
Projects or Works and Utilities Portions of Collier
County Transportation Projects, but not to Private
Developments )"
Paragraph 1.3.F, Page 2: 3/21/06
(1) Insert following text after end of third sentence "Before
commencement of any excavation, the existing
underground utilities in the area affected by the work must
be marked by Sunshine One Call after proper notification
to them by either calling 800/432-4770 or email 5/16/06
www.callsunshine.com. Before commencing excavation
for the work, potholing of all potential conflicts must be
performed."
(2) Insert the following text prior to the last sentence "In
the event the potholing and/or vacuum soft dig does not
locate the marked utility, work must be stopped and the
affected utility owner contacted,"
Paragraph 1.5, Page 5: Add following text to include two 5/16/06
additional reference books:
T. Metcalf and Eddy, Wastewater Engineering
Treatment and Reuse, 4th Edition, McGraw-Hili,
2002.
U, Water Environment Federation, Manual of
Practice No. 11, Operation of Municipal
Wastewater Treatment Plants, 601 Wythe Street,
Alexandria, VA 22314-1994
Paragraph 1,3.A.1.a, Page 3: Revise as noted: "Where 5/16/06
request is directly related to an "or County approved
equal" clause or other language of same effect in
Specifications."
Paragraph 1,3.A.2.c, Page 3: Revise as noted: ""Or 5/16/06
County Approved Equal": For equipment or materials
specified by naming one or more equipment
manufacturer(s) and "or County approved equal", submit
request for substitution and approval for any equipment or
manufacturer not specifically named,"
Add new Specification Section, Record Drawings. 8/15/06
Add new Section, Pipe Removal and Abandonment 7/18/06
Paragraph 3.1 ,B.1, Page 4: Revise third line as noted 5/16/06
"Use skids installed 7 feot or lOGG on Gontor with 6 ft to 10
Page 8 of 10
Agenda Item No. 8C
October 10, 2006
Page 15 of 17
Comments
02700, 13511, 15100 and
15110
Subcommittee approval
DSAC Subcommittee approval
to correctly identify the firm and
phone numbers for contractors
to call prior to any excavation.
Subcommittee approval
Subcommittee approval
Subcommittee approval based
on PUED request to clarify use
of or equal suppliers
Subcommittee approval based
on PUED request to clarify use
of or equal suppliers
DSAC Subcommittee approval
Subcommittee approval
DSAC Subcommittee approval;
revised spec to conform to Std
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
No.
02622
02622
02622
02630
02650
15100
Revision
ft spacing as recommended by the manufacturer."
Paragraph 1.3, Pages 2 and 3: Delete paragraphs A, B
and C in their entirety and replace with same paragraphs
from 2004 Standards Manual. This substitution correctly
requires pipe not under pavement to be SDR 18 (4"-12")
and 25 (14"-24") and pipe under pavement to be SDR 14
and 18 for same sizes,
Paragraph 1.3.8, Page 2: Revise text in twelfth line
",..Romac "Grip Ring," Sigma or Star restraint."
Paragraph 2.1.L.1, Page 5: Revise text in second line
"...Uniflange, Sigma or Star restraint."
Paragraph 2,5.F.1, Page 7: Revise text in third line
". ..Romac Industries, Sigma or Star Restraint."
Paragraph 3,2.0.1, Page 9, Revise test in fourth and fifth
lines ".. .marking tape shall be installed two feet (2')
below grade ono foot (1 ') aBovo top of pipo during backfill
operations... "
Paragraph 2,3.C, Pages 4 and 5: Delete entire paragraph
of subsection C, which allows underground butterfly
valves. To accommodate deletion of paragraph ,C, revise
subsection letters starting with D on page 5 through H on
page 8.
Agenda Item No. 8C
October 10, 2006
Page160f17
Date
Comments
Detail G-5
3/21/06 DSAC Subcommittee approval;
this change corrects error in
PVC pipe pressure classes
made in 2005 Manual and
substitutes 2004 Manual
version.
8/16/05 DSAC Subcommittee approval
of Sigma as acceptable
supplier
8/16/05 DSAC Subcommittee approval
of Sigma as acceptable
supplier
8/16/05 DSAC Subcommittee approval
of Sigma as acceptable
supplier
5/16/06 DSAC Subcommittee approval;
The same change is noted
below in Section 1, Design
Criteria.
8/16/05 DSAC Subcommittee approval;
Water Dept request to remove
butterfly valves as an
acceptable product for use in
water mains.
CHANGES TO DESIGN CRITERIA & APPENDICES - SECTIONS 1 & 4
Additions to text from Sections 1 and 4 are shown in bold print, and deletions are shown with strike-
through.
No.
Revision
Date
Design Paragraph 1.1, Page 1, Revise text in fourth line of last sub-paragraph as noted: 5/16/06
Criteria - "... placed in the pipe trench two feet (2') below grade or one-half the pipe's bury,
Section 1 whichever is less, ono foot (1 ') 3boyo top of pipe and labeled...."
Design Paragraph 1 ,2,2, Page 3, Add following text to the end of the first sub-paragraph: "Water 8/15/06
Criteria - mains shall not be placed beneath any existing or proposed building structure,"
Section 1
Design Paragraph 1,2.3, Page 4: Revise twelfth line as noted ",..thickness Class 200 AWWA 5/16/06
Criteria - C900 PVC pipe, Class 235 ~ AWWA C905 PVC..,"
Section 1
Page 9 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 8C
October 10, 2006
Page 17 of 17
No.
Revision
Date
Design Paragraph 2,1.4, Page 11, Revise as noted: "All sewer lateral ends shall be provided with 5/16/06
Criteria - a 3M or County approved equal magnetic marker."
Section 1
Design Paragraph 2.1.4, Pages 11 and 12: Revise to allow laterals larger than six inches. 8/15/06
Criteria -
Section 1
Design Paragraph 2.2,1, Page 12, Revise text in third and fourth lines of last sub-paragraph as 5/16/06
Criteria - noted: "., .placed in the pipe trench two feet (2') below grade or one-half the pipe's
Section 1 bury, whichever is less, one foot (1') abovo tOfl of pipo and labeled.. .."
Design Paragraph 2.2.2, Page 13, Add following text to the end of the last sub-paragraph: "Force 8/15/06
Criteria - mains shall not be placed beneath any existing or proposed building structure:
Section 1
Appendix A Revise signatures required for Deviation Forms as requested by Water Dept and 5/16/06
Wastewater Departments; Add Reclaimed/lrrigation Water to subtitle of Water Deviation
Form; General revisions to Wastewater Deviation Form as requested by Wastewater
Department; Deviation Forms to be accessible on the website without downloading the
entire technical standards,
Appendix B General revisions to the water meter sizing to conform to the Florida Building Code 8/15/06
Appendix D Minor changes to Utilities Conveyance Checklist; Added (a) testing of telemetry, (b) 8/15/06
pressure testing of irrigation mains, (c) certification of irrigation facilities within right-of-way,
and (d) DEP certification for irrigation facilities.
Note:
Some changes to Detail Drawings, Section 3, do not have a date identified. These changes were
brought to the attention of the Project Manager and Hole Montes at various times between July,
2005 and March, 2006 in response to review comments from Wes Hill of the Collier County
Community Development and Engineering Services Division Engineering Services Department.
Page100f10
EXECUTWE.SUMMARY
Agenda Item No. 9A
OctoberJ 0, 2006
PCigetof 12
---,,-,
"""":'.','-:'." . .', "', .. .,-";,.,,,,-:, ',:'::-;-,,"',' ":':->-':- .,' ..-.... '-'
.... .....'... -,' -- ....--- .- -,', .... "":' ..- .. ", ,..... - '.' '..".. '.. ",' .- -, -'-,' .. ,,'- ....... ..- .......,.-...,... .. .." "
>...-"'-:,-', : ",-- .. ,:.,-.. .
,,,,,,,/,--,:,:,:-'_:" .::: ,', .. '-"'-'::'..,:_,,-<.: -<,-.....':..'.....-:- -:-"-:'_:_::-.':.: <-::'-:
APPOINTMENTOFMEMBER(S) TO THE BLACK AFFAIRS ADVISORY BOARD
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on June
25,2010, to the Black Affairs Advisory Board.
CONSIDERATIONS: The Black Affairs Advisory Board has 1 vacancy with the term
expiring on June 25,2010, This 9 member committee identifies and evaluates problems unique
to the Black Community, reviews and recommends ways to ensure open communication between
the minorities and Collier County Government and provides periodic reports to the Board of
County Commissioners. A list of the current membership is included in the backup.
The Board of County Commissioners declared this seat vacant on September 28, 2004. Many
press releases were issued and 1 resume was received from the following interested citizen:
APPLICANT
CATEGORY
~ ELECTOR ADV. COMM.
I Charles L. Martin, Jr.
I nla
I~ None
COMMITTEE RECOMMENDATION: No Quorum - no recommendation
FISCAL IMPACT: NONE
-
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 10, 2006
-
Agenda Item No. 9A
October 10, 2006
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9A
ApPointment of member to the Black A.ffairs Advisory Board
10/10/20069:0000 AM
Prepared By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bce Office
9121120063:38:07 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9/28120066:26 PM
Agenda Item No. 9A
October 10, 2006
Page 3 of 12
Memorandum
To:
Sue Filson
Board of County Commissioners
From:
T em Daniels
Collier County Human Services
Date:
September 25, 2006
Subject:
Black Affairs Advisory Board
I am receipt of an application for appointment to the Black Affairs Advisory Board. However,
no action has been taken as there hasn't been a quorum since June 2006. The applicant is listed
below:
Charles L. Martin, Jr.
Please be advised that the applicant appears to meet the necessary requirements. If you need
additional information, please contact me at (239) 732-2689.
Pllge 1 of 1
Agenda Item No. 9A
October 10, 2006
filson_s Page 4 of 12
From: DanielsTerri
Sent: Thursday, September 14, 2006 5:00 PM
To: filson_s
Cc: Sheffield Michael
Subject: RE: Recommendations for Advisory Committees
Sue,
Per our conversation, the BAAB has not met since June 2006, Therefore they have not recommended the
appointment of the applicant. However, they will be meeting September 25 and will make a recommendation at
that time,
Thank you,
Terri Daniels
From: filson_s
Sent: Thursday, September 14, 2006 4:28 PM
To: DanielsTerri; HammondBiII; rodrigUez_f
Cc: SheffieldMichael
SUbject: Recommendations for Advisory Committees
The deadline for the following committee is September 14, 2006 - today, Please forward recommendation.
Black Affairs Advisory Board
Board of Building Adjustments and Appeals
Isle of Capri Fire Control District Advisory Committee
Sue :FifSon
'Executive :Manaeer, 'BCC
(239) 774-8097 yfwne
(239) 774-886sfax
suefilson@colliergov.net
9/15/2006
Agenda Item No. 9A
October 10, 2006
Page 5 of 12
C' Black Affairs Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Stewart C. Brown 12/13/05 06/25109 4 Years
4436 Prescott Lane 598-433 7
. Naples, FL 34119
E-Mail: BBrown3663@aol.com
District: 3
Category: nla
Ms. La Verne C. Franklin 352-2868 04/11/00 06/25/03 3 Years
7705 Kiwi Place 09/10/03 06/25/07 4 Years
Naples, FL 34112
E-Mail:
District: 1
Category:
Mr. John M Brunner 12/13/05 06/25/09 4 Years
C: 763 98th Avenue, North 513-1576
Naples, FL 34108
E-Mail: tbreebrunners@comcast.net
Distrid:2
Category: nla
Ms. Mary Linda Sanders 09/1 0/03 06/25/07 4 Years
354 Dover Place, # 103 649-4483
Naples, FL 34104
E-Mail:
District: 4
Category:
Mr. Jon Walker 06/20/06 06/25/10 4 Years
5529 Cove Circle 596-3503
Naples, FL 34119
E-Mail: jonjaywalk@aoI.com
District: 3
Category:
( wet/ne$tIq, June 21, 2006 Ptlge 1 01 J
---'
Agenda Item No, 9A
October 10, 2006
Page 6 of 12
-- Black Affairs Advisory Board
(
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-oppt 2ndExpDate 2nd Term
Ms. Irene Wtlliams 09/1 0/03 06/25/07 4 Years
4555 25th Court, S.W. 455-5033
Napl~ FL 34116
E-Mail: icywilliams@aol.com
District: 3
Category:
Mr. Keith W. Upson 248-7404 06/20/06 06/25/10 2 Years
264 Willoughby Drive 514-3539 4 Years
Naples, FL 34110
E-Mail: information@keithupson.com
District: 2
Category:
,-,.'
Ms. Fay E. Ghorayeb
2 I 6 Colonade Circle
Naples, FL 34103
E-Mail: Ighorayeb@aol.com
District: 4
Category: nla
12/13/05
06/25/09
4 Years
403-4378
VACANT
06/25/06
Naples, FL
E-Mail:
District:
Category:
"~-
./
-
Wetlnaday, JIl1Ie 21, 2006
~
hge20fJ
c
(~:'
e,
Agenda Item No. 9A
October 10, 2006
Page 7 of 12
Black Affairs Advisory Board
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 9 member board was created on May 14, 1991, by Ord No. 91-38 & 91-77, to Identify and
evaluate problems unique to the Black Community. review and recommend ways to ensure
open communication between minorities and Collier County Government and provide periodic
reports to the Board of County Commissioners. Amended on 08/13/91 by Ord. 91-77 to
increase membership from 7 to 9 member. Terms are 4 years.
FL STAT none
St4fJ: Terri Daniels, Human Services: 732-2689
Wednesday, JIUIe 21, 2006
Page 3 ofJ
~ -.~-
Agenda Item No. 9A
October 10, 2006
Page 8 of 12
MEMORANDUM
7 ~2f)(r; =':,...~ :=~~:
DATE:
August 7, 2006
RECEIVED
AUG 0 8 2006
Board of County C '.
ommlSSloners
TO:
Elections Office j;
Sue Filson, Executive Manag~r ..
Board of County Commissione
FROM:
RE: Voter Registration - Advisory Board Appoin1ments
The Board of County Commissioners will soon consider the following individuals for
appoin1ment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
BLACK AFFAIRS ADVISORY BOARD
COMMISSION DISTRICT
Charles L. Martin, Jr.
2222 Gulfshore Boulevard North
Naples, FL 34102
cWo
~
Thank you for your help.
Agenda Item No. 9A
October 1 0, 2006
Page 9 of 12
Charles L. Martin / full-time resident
Indies West Q-3
2222 Gulf Shore Boulevard North Q-3
Naples, Florida 34102
239-262-7287
239-784-5498
realtyglobal@aoLcom
www.indieswestnaples.com
CERTIFIED GENERAL CONTRACfOR - 32 Years
· Florida License CGC 1506612
. Member of Collier Building Industry Association - www.cbia.net .
Registered Home Builder
. Member of Louisville Home Builders Association since 1994 - www.hbal.com
. OwnerlRenovation - U.S. designated national landmark building. Indiana Cotton Mill, an
80,000 sq. ft. civil war uniform manufacturing facility built in 1849
. Experience includes residential, commercial, construction management, industrial,
government contracts, subdivision development, utilities, codes, disaster reconstruction, and
environmental issues
REAL ESTATE BROKER - 33 Years
Florida Brokers License BK 3070808
. Member of Naples Area Board of Realtors - www.nabor.com
. Louisville Board of Realtors broker since 1974; past 2005 MSI Board of Directors -
www.louisvillerealtors.com
. Recently owned 5 ReIMax franchises; last fino owned in 200S was ReIMax Associates of
Louisville with 70 top producing agents, generating 1100 annual transactions and $286
million in annual sales
. 1998 to 200S - Managed over one billion dollars in sales (no violations)
. 1987 to 2003 - President/CEO Martin Real Estate Development Inc., a waterfront resort
developerlbuilderlbrokerage with 8 major subdivisions in Rough River Lake, Kentucky
. 1992 to 1998 - President of Greenridge Estates, a I SO-acre planned unit residential
development - www.realtyglobal.com
CERTIFIED BUILDING INSPECfOR - 30 Years
. Board Certified Microbial Supervisor (mold) - www.iaga.org
. Member of the National Association of Home Inspectors - www.nachi.com
. Certified FEMA Housing Inspector Badge #24407 - www.pbinspections.com
. Certified EIFS Inspector (exterior insulated finish systems) - www.awci.org
. Moisture Warranty Certified Inspector (dryvitt settlement) - www.moisturewarranty.com
. Housing and Urban Renewal General Contractor - 1973 to 1979
. Urban Renewal Agency/Community Development Federal Employee - rehab advisor, code
enforcement, bidding. inspections, specification writing. renovation of 7 major inner' city
neighborhoods
CONSULTANT
. Hurricane and disaster reconstruction specialist - www.americandisastersolutioDs.com
MEMORANDUM
Agenda Item No. 9A
October 10, 2006
Page 10 of 12
DATE:
August 7, 2006
Terri Daniels, Human Servicej
Sue Filso~ Executive Manager v I
Board of County Commission
TO:
FROM:
RE:
Black Affairs Advisory Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Charles L. Marti~ Jr.
2222 Gulfshore Boulevard North
Naples, FL 34102
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summ~ny for the Board's
consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the applicants in areas of expertise. If you have any questions, please call me
at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
filson_s
Page 1 of 2
Agenda Itel'f1 No. 9A
October 10, 2006
Page 11 of 12
From: advisoryboards@colliergov.net
e Sent: Thursday, July 27,200610:01 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted,
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
'~.. . ~t~.~\.,. "
. -. r1
" .. -:i
~.. - -f ..' 1 .:'
July 27,2006
Application for Advisory Committees I Boards
Name: Charles L. Martin Jr. Home Phone: 239-262-7287
Home Address: 2222 Gulfshore Blvd North
City: Naples Zip Code: 34102
-
Fax Number: 239-262-7289 Business Phone: . 239-784-5498
Email Address:realtyglobal@aol.com
Place of Employment: Realty Global and Gulfwest Homes (self)
How long have you lived in Collier County? 3-4 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? No
Board I Committee Applied for: Black Affairs Advisory Board
Category: (if applicable) No information provided.
Do you currently hold public office? No
-
Do you now serve, or have you served on a
Collier County board or committee?
No
7/27/2006
.
.--
.~
7/27/2006
Please list your community activities:
Past MSI Board Of Directors large Realtor
association , member of Naples area board of
Realtors,member Collier Building Industry
Association , Deputy Sheriff F.O.P. 13 years Louisville
Ky/Urban Renewal Agency/Community Development
Agency/ Campaign manager first black man to run for
congress 1976/
Education:
Florida licensed Real Estate Broker BK3070808 and
Certified General Contra cor CGC1506612/Certified FEMA
Housing inspector/Disaster reconstruction/30 years
experience/
Experience I Background:
Worked in inner city development for past 30 years ago as
Urban Renewal Agency Federal Employee/Community
Development CabinetlNeighborhood Conservation
Program/Code Enforcementlyoungest HUD
contractor/Certifed FEMA inspector/assisted in developing
homestead program home for $1 and in 1976 was
campaign manager for reverend R.Z. Miller first black man
in kentucky to run for congress and extensive community
involvement in the black communities
Page 2of2
Agenda Item No. 9A
October 10, 2006
Page 12 of 12
EXECUTIVE SUMMARY.'
Agenda Item No, 9B
OctoberJQ,2006
. . Pag~.1 of 8
APPOINTMENT()F MEMBER(S) TO THE TOURIST DEVELOpMENT COUNCIL
OBJECTIVE: To appoint 1 member to fulfill the remainder of a term, plus a 4 year term,
expiring on April 21, 2011, to the Tourist Development Council.
CONSIDERA TIONS: The Tourist Development Council has 1 vacancy representing
Everglades City with the initial term expiring on April 21, 2007. This 9 member council was
established by Ordinance No. 92-18 as an advisory committee to make recommendations to the
Board of County Commissioners regarding a proposed plan of uses for tourist development tax
revenues, for the effective operation of the special projects or uses of the tourist development tax
revenues, and to review all expenditures of revenues from the tourist development trust fund.
This council consists of the Chairman or designated representative of the Board of County
Commissioners, 2 elected municipal officials, 3 owners or operators of motels, hotels,
recreational vehicle parks, or other tourist accommodations in the county and subject to the
tourist tax, 3 individuals involved in the tourist industry who have demonstrated an interest in
tourist development, but who are not owners or operators of motels, hotels or other tourist
accommodations. The council shall meet at least once each quarter. Terms are 4 years. A list of
the current membership is included in the backup.
This position was held by Councilman David Loving and has been vacant since January 2006.
A letter dated September 11, 2006 was received from Mayor Sammy Hamilton, Jr. requesting the
- Board of County Commissioners confirm his recommendation to appoint:
Robert Miller - municipal appointment - nonowner/operator
NOTE: Mr. Miller is a registered voter and resides in Commission District 2
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 10, 2006
-
Agenda Item No. 98
October 10, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9B
Appointment of member to the Tourist Development Council
10/10120069.00'00 AM
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
SCC Office
9121/20063:38:07 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9/29/20065:57 PM
..:.
Agenda Item No. 9B
October 10, 2006
Page 3 of 8
City of Everglades City
P. O. Box 110 Everglades City, Collier County. Florida 34139
City Hall
102 Copeland &. Broadway
Phone (239) 695-3781 Fax (239) 695-3020
September 11. 2006
Ms. Sue Filson
Executive Manager
Board ofC...ounty Commissioners
3301 East Tamiami Trail
Naples. FL 34112
RE: TOURIST DEVELOPMENT COUNCIL
Dear Ms. Filson:
As Mayor of Everglades City, I would lilee to appoint Robert ~iller to the Tourist
Development Council. I appreciate the opportunity for Everglades City.to serve on this
advisory committee.
By' this letter serving as my request, that you present the appointment :recommendation 10
the Board of County Commissioners for thei: consideration and approval..
Should you have any questioos or require additional infonnation, please f-eel free to call
myself or Dottie Joiner, City Clerk at the above number.
Sincerely,
. J2/~j7)~s.-
Sammy Hainilton Jr.
Mayor
,
~ ---.......
Mayor
Sammy Hamilton. Jr.
City Clerk
Dottie Smallwood Joiner
City Attorney
Michael McDonnell
G'd
6eL99~ l
)!JeIO h!~
d8l:Z0 90 OZ des
Agenda Item No. 9B
October 10, 2006
Page 4 of 8
.~"-~~ ~~-~~:1"-."t'. ::
Board of County Commissioners
3301 East Tamiami TraY
Naples, FL 34112
(239) 774-1097
Fu: (239) 774-3602
Application for Advisory Committees/Boards
Name: 1(b~"'7 Ii- !HIJ/,€;.. BelaePb_e:,13f s-74f~ft7
Ho.eA4dress: 7" Pd -rf/;!i It ~te. N itJf\tJ ZtpCode: 30/'/49
Pu No."M9 "f )ff,l3 ..... PIa_c: 6 f.> ,,;1() 1 :1 00." addl'Cll8: 0 V~ / /p 7' /ft:JI..
/
Place 01 EmpIOYIMllt: tp j/dl&A!!.. 1144.$' e ;?.I#- ~ t2 /N /tI.e~
Boa"" or COJDmilteeAppaed for: TO ~
Category (if applicable):
ElIa--= c.--~ DlIWict, DcR.... eni. .-..:...... iIIJ' paw.. eR.
How IDIIc bllVe yo. lived .. CeUier CeIIaty: Yeen
)t7
~
M<<.tb.
Are you a ~ voter.. CollIer CHaty: Ya
Do you eurraatly hld pIIbJic: ofliee? Y_
Iho, whlIt is tht oftic:e!
No
No
V
Have you ever beeD CODvided of any off.. apiDst die I..w?
fr:ra. e1pWa;
Yes
No p_/
D. Y.. BOW ---._Iawe '" ft'eI' Iel'YelI. o. a c..... CeIllltJ' INI8rd OI'eoamittee1 Vs
Iryes, pInse list tile COIa~
No
/.
Please list yeur c:ommaaity aetivitiea (civic dabs, aeilbbortaood IIUOdatiolu, etc. aad positioal
held: PA..~() tft'/.IId ~V''1/) J./,,..Jt "r,.~c-
~ tA/N ~ b~ ~ ~ AJt'~.,;-~-=~Z . JA"~I4&.
I ' r H ~, 1!C4, ,..c. 0 ~ ~ <.. ..t~ -,t/I-r<.f
Ed.catiOll: Jl,f:Jj .sc-~-.t:..
EspericllCe: S,IJ- T t!)".; ""f7/c I? s h .. .e.
",...1IIIIIIdt... J'""4''''' ~...,..,.,,.,...,,. "* .w . ~'PR" ~-~.Swn-. ~~ M
tile &ItmIt/fConor~. nil &61 r......., >>11II, ~ PI. 34112. UIfJII ..."....faJlMl' .,.,.,.." *'
(1J'J n4-.16f2 N ~ ", _1ikIt,tiucet'''''''''~ "t'L TAut"../fIr""""", to ..w'" dIIfaollS .fCllllln C...wy.
l'd
68L99tliZ ~
~elO ~!O
eoo: ~ ~ 90 8l des
Agenda Item No. 9B
October 10, 2006
Page 5 of 8
c-~ Tourist DevelopmentCouncil
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Chairman Frank Halas 774-8097 01/10/06 01/09/07 1 Year
3301 E. Tamiami Trail
Naples, FL 34112
E-Mail: frankhalas@colliergov.net
District: 2
Category: BCC Chairman
Councilman John F. Sorey 434-4601 03/09/04 04/21/08 4 Years
735 Eighth Street South
Naples, FL 34102
E-Mail: council@naplesgov.com
District: 4
Category: Municipal Officer - City of Naples
Mr. E. Glenn Tucker 389-5000 05102100 04/21/04 4 Years
50 Bald Eagle Drive, Suite 204 03/23/04 04/21/08 4 Years
( Marco Island, FL 34145
E-Mail: fiiartuck3725@cs.com
District: 1
Category: Municipal Official- Marco Island
Mr. Rick Medwedeff 642-2600 04/11/06 04/21/08 2 Years
400 S, Collier Blvd, 825-0048
Marco Island, FL 34145
E-Mail: rick.medwedeff@marriott.com
District: 1
Category: Owner/Operator
Mr. Clark Wakefield Hill 430-4900 07/26/05 04/21/07 2 Years
15515 Cedarwood Lane, # 1 02 536-5076
Naples, FL 34110
E-Mail: chill@cooperhote1s.com
District: 2
Category: Owner/Operator
___~'-.......,__ ..... ,~,,~".~_'-~_'.:':'!.-r~...t.~ ",.~,,,~"*,,-;;;;::tZ:;:::::-""'__-,~~'::::;::~,,
Tuesday, April 11, 2006 Page 1 of J
(-
Agenda Item No. 9B
October 10, 2006
Page 6 of 8
(~~. Tourist Development Council
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
VACANT 03/11/03 04/21/07 4 Years
P.Q, Box 619
Everglades City, FL 34139
E-Mail:
District: 5
Category: Municipal - Everglades City
Mr. Murray H. Hendel 04/13/04 04/21/08 4 Years
4301 Gulf Shore Boulevard 262-0738
Naples, FL 34103
E-Mail: murrp2h@ao1.com
District: 4
Category: Non-Owner/Operator
Mr. Edward R Olesky 657-2401 04/11/06 04/21/10 4 Years
6001 Lake Trafford Road 657-2401
Immokalee, FL 34142
\.,. E-Mail:
District: 5
Category: Owner/Operator
Ms. Susan M. Becker 03/26/02 04/21/06 4 Years
371 Eleventh Avenue South 261-7708 03/14/06 04/21/10 4 Years
Naples, FL 34102
E-Mail: sssbecker@msn.com
District: 4
Category: Non-Owner/Operator
~=:':~~~:.~"""',,~.~...,~.....~d_'I;~__~C,,;:'_'~~3 .!.,~:::;:::::rrS"..;:;;:::~~::!
Tuesday, Aprilll, 2006 Page 2 of J
-----
(~-_.
c.-
c.
Agenda Item No, 9B
October 10, 2006
Page 7 of 8
Tourist Development Council
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 9 member council was created on March 23, 1992 by Ord. No. 92-18 to make
reoommendations to the Board of County CommissionelS regarding a proposed plan of uses for
tourist development tax: revenues, for the effective operation of the special projects or uses of
the tourist development tax: revenues, and to review all expenditures of revenues from the
tourist development trust fund. Membership consist of the Chairman of the BCC, 3
owner/operators, 3 non-owner/operators and 2 elected municipal officials. Terms are 4 years.
NOTE: BCC adpoted Ord. 2000-44 on 6/27/00 as follows: "The City of Everglades and the
City of Marco Island shall alternate as the second municipal member. In the event that other
municipalities are legally created in Collier County, then those municipalities shall be included
in the rotation process for the seconcl municipal seat.
Resa 2002-226 adopted on 5-14-02 permitting municipalities to recommencl TDC appointees,
with membership oonsisting of Chairman of sec, 3 municipal representatives, 3
owner/operators and 2 nonowner/operators,
On 9-21-04 BCC adopted Ord 2004-57 deleting the non-voting member with professional
experience in the promotion and marKeting of special events.
FL STAT 125.0104
Staff: Debbie McCabe, Tourism Department: 403-2384
fius-;;;;:A;rifiTio06~~:m~-'~~:~~=-r=p':g;3;jr~;::--'~ ~.._~<~-=-
Agenda Item No. 9B
October 10,2006
Page 8 of 8
ftlson s
From:
Sent:
To:
Cc:
Subject:
GreeneColleen
Thursday, September 28, 2006 3:50 PM
filson_s; PettitMichael; ashton_h
WertJack
TDC Vacancy
Sue,
The issue is whether the TDC vacancy left by David loving must be filled with an elected official. In
short, the answer is no.
The statute and ordinance require two elected officials from municipalities with the county. One
elected official is from Naples - the most populous municipality. The other elected official seat is
alternated between Marco Island and Everglades City. These two seats are currently filled by
Councilman Sorey (Naples) and Councilman Tucker (Marco). Once Councilman Tucker's term
expires, this seat should be filled by an elected official from Everglades City in rotation. See
Ordinance 00-44 (6/27/00) as codified in Division 10, Sec. 2-988, Composition of Membership.
The seat vacated by David loving falls into the category of "involved in the tourist industry - non-
owner/operator." Sec.2-988(4). Mr. loving was from Everglades City although the ordinance does
not require the seat to be filled with an Everglades City representative.
Resolution 02-226 provides that if a municipality is not represented on the TOC, then the municipality
may recommend a person, whether or not an elected official, as a possible appointee.
Based on the statute, ordinance, and resolution, it is appropriate for Collier County to ask Everglades
City to recommend a person involved in the tourist industry - a non-owner/operator - as a possible
appointee. This mayor may not be an elected official.
If this position is not filled by an Everglades City representative, it may be filled by another County
resident who meets the qualifications referred to above.
Thank you for your inquiry. Please contact me directly if you require any additional information.
Colleen M. Greene
Assistant County Attorney
239n74-8400
1
i:'. .',:'" . ;--'_:"'_: - ;;;-_:..... ,,',- .;';:-:.: .:,:-,:';;.,".' -:,>,_ ' . ... . .'
~:-:;':>-";.:~:-;-f;:;)'; >- ':'<,:_: .,:;",-:,:-- :;-':{:::' _:~:, \>:, - . ,:', , .' .-}: ::' ":,:,:'::-',<,:;0::'..:<' ::,-;:;:-_ . . ", ,>'-:'- '>': :-,,:,_::,>,',
..--- ';':::.>;',',,~-:.:;_:<'~i:,',-:';:-:.'-?:' :::/_:.'::,_:__,";~;,:><:,:::'-:.: '.' '",_.<,:,_':',":'';:<:,:'::,; .:._:"::: ," ,...:---;',;:i ,;..,' ", '?'<_:.:,> ,-':'n_,'
APPOINTMENT OF MEMBER(S) TO THE HISTORICAL/ARCHAEOLOGICAL
PRESERVATIONBOARo '; . ....
EXECUTIVE SUMMARY
Agenda Item No, 9C
Octob~r10, 2006
PCige10f 52
OBJECTIVE: To appoint 3 members to serve 3 year terms, expiring on October 1, 2009, to the
Historical! Archaeological Preservation Board.
CONSIDERATIONS: The Historic/Archaeological Preservation Board had 3 terms expire
on October 1, 2006, representing the category of History, Citizen- At- Large, and Historic
Preservation. This 7 member board is vested with the power, authority, and jurisdiction to
designate, regulate, and administer historical, and archaeological resources in Collier County,
Wlder the direct jurisdiction and control of the Board of COWlty Commissioners. Terms are 3
years. A list of the current membership is included in the backup.
The terms for Patricia A. Huff (History), William J. Dempsey (Citizen-at-Large), and Sharon
Kenny (Historic Preservation) expired on October 1, 2006, A press release was issued and
resumes were received from the following 5 interested citizens:
APPLlCA.~T
CATEGORY
ill[[ ELECTOR ADV. COMM.
--
Sharon Kenny-reappt History 4 Yes HistoricallPreservation Bd
Manuel Gonzalez Law Enforcement 3 Yes Hispanic Affairs Adv Bd
William J, Dempsey-reappt Citizen-at-Large 4 Yes HistoricalIPreservation Bd
Charles L. Martin, Jr. Real Estate Broker 4 Yes None
Patricia A. Huff-reappt History 5 Yes Histon calIPreservati on Bd
COMMITTEE CHAIRMAN RECOMMENDATION:
Sharon Kenny - reappointment
William J. Dempsey - reappointment
Patricia A. Huff - reappointment
FISCAL IMP ACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 3 members, and direct the County Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 10, 2006
_.
Agenda Item No. 9C
Oclober 10, 2006
Page 2 of 52
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9C
Appointment of members to the Historical/Archaeological Preservation Board
10/10/200690000 AM
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Date
BCC Office
9/21/2006 3:38:07 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
101212006 6:08 PM
Agenda Item No. 9C
October 10, 2006
Page 3 of 52
MEMORANDUM
Comnumity Development & Env;ronmentlll Services Division
Department of Zoning & Land Development Review
To:
From:
Date:
Subject:
Sue Filson. Executive Manager
Board of County Commissioners
Raymond V. Bellows, Manager
Department of Zoning & Land Development Review
October 2, 2006
Historical and Archaeological Preservation Board Membership Recommendation to the
Board of County Commissioners
In response to the Historical and Archaeological Preservation Board's three (3) advertised positions, I
have received 5 applications. Please note that three of the applicants are requesting to be re-appointed
to the Preservation Board. The applicants were evaluated based upon their potential contributions to
the Committee. Because there was no quorum for the last meeting, the Chairman requested that the
three Preservation Board members requesting to be reappointed be forwarded to the BCC for selection
as follows:
NAME
DISTRICT
FIELD OF EXPERTISE (CURRENT
EMPWYMENT)
TYPE OF TERM
APPOINTMENT EXPIRING
Sharon
Kenny
Initial Appointment 10-1-06
for the Landscape
Category replacing
Bill Tyson
Not
appointed by
District
Self Employed and previously worked for the National
Parks Service and the Canadian Wildlife Service
involved with historic sites and landscape.
NAME
DISTRICT
FIELD OF EXPERTISE (CURRENT
EMPWYME
William J.
Dempsey
TYPE OF TERM
APPOINTMENT EXPIRING
10-1-06
Not He is employed as an attorney with Cheffy, Passidomo,
appointed by Wilson, & Johnson.
District
NAME TYPE OF TERM
APPOINTMENT EXPIRING
DISTRICT
FIELD OF EXPERTISE (CURRENT
EMPWYMENT)
Patricia Huff Reappointment to a 10-1-06
second term for the
History Category
Not
appointed by
District
W ories for the Everglades Society for Historic
Preservation and also served with the Friends of the
Museum of the Everglades,
Agenda Item No. 9C
The remaining 2 applicants listed below, while deemed highly qualified for mem~rtiYl, ilW6
committee, are not recommended for appointment at this time: age 4 of 52
APPLICANT NAME FIELD OF EXPERTISE (CURRENT EMPLOYMENT)
Manuel Gonzalez Law Enforcement
Charles Martin, Jr. Real Estate Broker
Attached is a listing of current Preservation Board members and their term expiration status. Please
advise should you need additional information.
MEMBERSHIP DIRECTORY
(A Florida Certified Local Government)
Mr. Ardavan Moaveni Ms. Elizabeth M. Perdichizzj
4251 Gulfshore Boulevard N. Apt. #5A 1200 Butterfly Court
Naples, Florida 34103 Marco Island, Florida 34145
Phone Number: 263-2324 Phone Number: 394-6917 (H)
E-Mail: Moaveni@aol.com E-Mail: Betsvoerd@naples.net
Fax: 239-263-2733 (AT LARGE- Vice Chair)
(LAW) Term Expires: 10/1/07
Term Expires: 10/1/07
Ms. Sharon Kenny Mr. Thomas W. Franchino
411 17th Avenue South 183 Westwood Drive
Naples, Florida 34102 Naples, Florida 34110
Phone Number: 239-430-8525 (H) Phone Number: 239-263-8357
Phone Number: 239-404-6261 ~ E-Mail: Tom@Franchinolaw.com
E-Mail: seankenv@aol.com Fax: 239-263-0445
Fax: 239-430-9744 (REAL ESTATE)
(LANDSCAPE) Term Expires: 10/1/08
Tenn Expires: 10/1/06
Mr. John W. Thompson Mr. William J. Dempsey
4775 Aston Gardens Way, Apt. 311 1836 Harbor Lane
Naples, Florida 34109 Naples, Florida 34104
Phone Number: 239-597-2269 (H) Phone Number: 239-261-9300 ~
E-Mail: JWTDL T@AOLCOM E-Mail: Widemosev@naoleslaw.com
(ARCHAEOLOGY - Chairman) Fax: 261-9782
Term Expires: 10/1/08 (AT LARGE)
Tenn EXDires: 1011/06
Ms. Patricia A. Huff Ms. Susan M. Harp
P.O. Box 616 Bureau of Historic Preservation
Everglades City, Florida 34139 R. A. Gray Building
Phone Number: 695-2397 ~ 500 South Bronough Street
E-Mail: Snookcitv@hotmail.com Tallahassee, FL 32399
Fax: 239-695-0744 Phone Number: 850-245-6333
(HISTORY) (STATE CLG COORDINATOR)
Tenn Expires: 10/1/06
Mr. Ray V. Bellows, Zoning Manager Mr. David J. Driapsa
Ms. Melissa Zone, Principal Planner Landscape Architect
2800 N. Horseshoe Drive 725 103rd Avenue North
Naples, Florida 34104 Naples, Florida 34108-3222
Phone Number: 239-403-2400 Phone Number: 239-591-2321
E-Mail: RavBellows@collierQov.net Cell Phone Number: 239-216-1517
E-mail: melissazone@collierQov.net Fax: (239) 591-8887
Fax: 239-643-6968 E-Mail: aQarden@naoles,net
(ZONING DEPARTMENT STAFF) NOLUNTEER)
Agenda Item No. 9C
October 10, 2006
Page 6 of 52
( Historical/Archaeological Preservation Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Elizabeth M. Perdichizzi 10/26/04 10/01/07 3 Years
1200 Butterfly Court 394-6717
Marco Island, FL 34145
E-Mail: betsyperd@naples.net
District: 1
Category: Citizen-At-Large
Mr. Ardavan Moavei 263-2324 10/26/04 10/01/07 3 Years
4251 Gulfshore Blvd., N., #5A 649-8865
Naples, FL 34103
E-Mail: moaveni@aoI.com
District: 4
Category: Law
Ms. Patricia A. Huff 695-2284 10/11/05 10/01/06 1 Year /'
207 N. Storter Avenue 659-2397
Naples, FL 34139
\ E-Mail: snookcity@hotmail.com
District: 5
Category: History
Mr. Thomas W. Franchino 263-8357 07/31/01 1 % 1/02 1 Year
183 Westwood Drive 513-9663 10/11/05 10/01/08 3 Years
Naples, FL 34110
E-Mail: Tom@FranchinoLaw.com
District: 2
Category: Real EstatelLand Development
Mr. William J. Dempsey 649-4900 10/10/00 1 % 1103 3 Years ~
1836 Harbor Lane 417-5683 10/14/03 1 % 1/06 3 Years
Naples, FL 34104
E-Mail: wjdempsey@napleslaw.com
District: 4
Category: Citizen-At- Large
-:::a::;:-~=:;::-::.'=---er...-
Wednesday, March 15, 2006
----.~-...~.:::~":;::"'.z::::;:_..I:'.....~ , ~~~,":'~-~-:cac:~_"":'.x:_r_~;
Page 1 of3
Agenda Item No. 9C
October 10, 2006
Page 7 of 52
(
HistoricallArchaeological Preservation Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Sharon Kenny 404-6261 04/13/06 10/01/06 7 months V
41117th Avenue South 430-8525
Naples, FL 34102
E-Mail: seankeny@aol.com
District: 4
Oltegory: Historic Preservation
Mr. John W. Thompson 10/15/96 10/01/99 3 Years
4775 Aston Gardens Way, Apt. #311 597-2269 10/11/05 1 % 1/08 3 Years
Naples, FL 34109
E-Mail: JWTDL T@aoLconl
District: 2
Category: Archaeology
(-
c
~...!:7...::~:::~o;:r.~, ,",-~::~..'S'::::_.::::n:.:B!r.~...:.n:;::r:~
Wednesday, March 15, 2006
:=_~~"~~~_.-._~-.~<j.-_I,",.:::~'~
Page 2 of 3
*'~
Agenda Item No. 9C
October 10, 2006
Page 8 of 52
(
Historical/Archaeological Preservation Board
Name
Work PIrone Appt'd Exp. Date Term
Home PTtone DateRe-appt 2ndExpDate 2nd Term
This 7 member committee was created by Ord. No. 91-70, and repealed and amended by LDC
Div. 1,22.1 Ord. No. 91-102. This board is vested with the power, authority, and jurisdiction to
designate, regulate, and administer historical and archaeological resources in Collier County,
under the direct jurisdiction and control of the Board of County Commissioners. Membership is
composed of '7 members from the follOWing categories: a. history; b. archaeology; c. Real
Estate, land development, or finance; d. architecture; e. law or urban planning; and, f. 2
positions will be filled by citizens at large. Terms are 3 years.
FL STAT
Staff: Ray Bellows, Principal Planner: 403-2400
1IIii::-~.~ .!... .-~ '..~_-;,.:'~~:::::=~~'~.~rr-~:;::~..~':::;'!::;~::.:,_:::'..::::-.:::!2::::'~,:::::,~~...D'oC.;~?-::r..:~::::_"':""~__":
Wednesday, }.farch 15. 2006 Page 3 of 3
Agenda Item No. 9C
October 10, 2006
Page 9 of 52
MEMORANDUM
DATE: August 28. 2006
r ......~ -'., ~,~_. . r-"'" ~~
..../
TO:
Elections Office
...)
~->.~:.~. ....'. ~ .
';.....
FROM:
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
HISTORICAUARCHAEOLOGICAL PRES BD
COMMISSION DISTRICT
Patricia A. Huff
207 N. Storter Avenue
P.O. Box 617
Everglades City. FL 34139
Lj
3
1
~
5
Sharon Kenny
411 17th Avenue. South
Naples, FL 34102
Manuel Gonzalez
1622 Tarpon Bay Drive Sout14 Unit #202
Naples, FL 34119
William J. Dempsey
1836 Harbor Lane
Naples, FL 34104
Charles L. Martin. Jr.
2222 Gulfshore Boulevard, North
Naples, FL 34102
Thank you for your help.
MEMORANDUM
Agenda Item No. 9C
October 10, 2006
Page 10 of 52
DATE: August 28, 2006
TO:
Ray Bellows, Principal Planner
~
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: Historical/Archaeological Preservation Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Sharon Kenny
411 17th Avenue, South
Naples, FL 34102
Manuel Gonzalez
1622 Tarpon Bay Drive South, Unit #202
Naples, FL 34119
William J. Dempsey
1836 Harbor Lane
Naples, FL 34104
Charles L. Martin, Jr.
2222 Gulfshore Boulevard, North
Naples, FL 34102
Patricia A. Huff
207 N. Storter Avenue
P.O. Box 617
Everglades City, FL 34139
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the applicants ia areas or expertise. If you have any questions, please call me
at 774-8097.
Agenda Item No. 9C
October 10, 2006
Page 11 of 52
Thank you for your attention to this matter.
SF
Attachments
filson_s
Page 1 of2
Agenda Item No. 9C
October 10, 2006
Page 12 of 52
From: advisoryboards@colliergov,net
.t' Sent: Wednesday. August 23. 2006 10:45 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3802
Fax:(239)77~2
CLt1Ji""
,..,' r. ~' "
. . ~ .
, ~ '/":7
" ,. ,~
:"--f~:~ ;'
August 23, 2006
Application for Advisory Committees I Boards
Name: Sharon Kenny Home Phone: 239-430-8525
Home Address: 411 17th Avenue South
City: Naples Zip Code: 34102
.-)
Fax Number: 239-430-9744 Business Phone: 239-404-6261
Email Address:seankeny@aol.com
Place of Employment: self-employed
How long have you lived in Collier County? 5-10 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Historical/Archaeological
Preservation Board
Category: (if applicable) No information provided.
"1
Do you currently hold public office? No
Do you now serve, or have you served on a Yes
Collier County board or committee?
8/23/2006
-
.
.
8/23/2006
If yes, please list the boards I committees:
I have been filling a seven month vacancy on the
Historical/Archaeological Preservation Board. I was
appointed on March 14,2005.
Please list your community activities:
Currently the Chair of the Public Arts Advisory Committee
for the City of Naples (2001 to present); Former chair of
the Presidenfs Council of Collier County (2004); President
of Aqualane Shores Neightorhood Association for three
years (2002-2004); Current board member of the Naples
Historical Society; Member of Greater Naples Leadership
(Class IX); Member of the Historical/Archaeological
Preservation Board for Collier County since March 2006.
Education:
Master of Arts, Art History and Archaeology, Washington
University in St. Louis; Bachelor of Art, French, University
of Manitoba.
Experience I Background:
I have been on the Historical/Archaeological Preservation
Board since March 2006 and have been very pleased at
the important work done by this committee. I hope my
community work in Collier County plus my background in
government and my education has helped to contribute to
the committee in a positive way in the short time I have
been on it. I am currently a self-employed writer. I was
formerly in public relations/publishing with Washington
University in St. Louis. I previously worked in public/media
relations for the federal government in Canada in the
department of Environment Canada (which includes the
National Parks Service, the Canadian Wildlife Service,
and Inland Waters) where I worked with parks, historical
sites, and environmental issues in general. I worked more
recently with the City of Naples to draft. their public arts
policy, a percent for arts ordinance, and a historical
preservation ordinance.
Page 2 of2
Agenda Item No. 9C
October 1 0, 2006
Page 13 of 52
Agenda Item No. 9f5\
October 10, 2006
Page 14 of 52
Sharon Kenny
411-17th Avenue South
Naples, Florida 34102
(239) 430-8525
August 23, 2006
p ~ .. ~"~\'~D
Fred Coyle, Commissioner, District 4
Board of Collier County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112-4977
. .."'.Q
~", ~ ,::-!' . .
:': ',;T ;.~.
Dear Commissioner Coyle,
I would just like to let you know that I have re-applied for appointment to the
Historical! Archaeological Preservation Board. As you may recall, you and your fellow
commissioners appointed me in March 2006 to fill in a 7 month remaining term on that
Board. My current appointment expires in October 2006.
I have found in my short time on the board that it is doing very important work and I look
forward to continuing to work with the volunteer board and the County staff that
coordinate the board. I hope my community work in Collier County in the past seven
years plus my background with the federal government working on National Parks and
historical sites and environmental issues with the department of Environment Canada, my
educational background in art history and archaeology, and most recently, my work with
the City of Naples and the Naples Historical Society has helped me to contribute to this
committee in a positive and perhaps unique way.
I have been looking for a way to actively serve my fellow residents of Collier County and
I think: that my work on this committee has been a particularly good match for my
interests and background. I look forward to having the opportunity to continue on this
committee. Thank you.
Yours truly,
~Ln
Sharon Kenny
cc: Ray Bellows, Principal Planner
Department of Zoning & Land Development Review, Collier County
(Historic Preservation Coordinator)
Sue Filso~ Executive Manager
Board of County Commissioners
..Advisory Board Application
I Seamt\;~
Engine Powered b~ Google.
- Select a Department -
Commission - Home
Advisory Board
Annual Calendar
Board Agenda
Boardroom Calendar
Board Meeting Recaps
Find Your Commissioner District
Using the Boardroom Podium Computer
Civic Associations
Clerk of Courts Laser Fiche
District Map
Interpreter's Guide
Meetings & Intormation
Press Releases
.
.
Search
.. ill
. ......... ~
,,"~,..~,..., -",..::
I
."'" 0
.i
Advisory Board Application
Agenda 1J?~~.19~f 3
October 10, 2006
Page 15 of 52
, ... ..\, " l"
Please fill out the tollowing torm to apply tor a Collier County Board / Committee. Once you
have filled out all ot the necessary fields click the continue button below,
. Enter Infonnatlon 3, Print Intormation
Name:
IManuel Gonzalez
Please type your name as it appears on your voters registration
Home Address:
11622 Tarpon Bay Drive South Unit #202
City:
INaPles
Home Phone:
1239-591-3934
Ex. 239-555-5555
Business Phone:
1239-850-7-97
Ex. 239-555-5555
Zip Code:
134119
Fax:
n/a
Ex. 239-555-5555
Important: In order to recieve a copy ot your application you must enter a valid E-mail
address,
@)A{~~ C01Vv
PIa~_~~E"ploymel!t:
Retired Federal Agent
How long have you lived 14 _ 5 years ill
in Collier County?
Have you ever been
convicted of any offense ~ No __!
against the law?
,It yes, explain:
Are you 8 registered I Yes .-'
voter in Collier County?
http://www.colliergov.netlbccladvisoryboard/index.cfm
8/18/2006
Advisory Board Application
Agenda I~~~?e~f 3
October 10, 2006
Page 16 of 52
.
Board or Committee Applied for:
The Historic/Archaeological Preservation Boa
Category (If Applicable):,
CItizen At-Large
Example: Commission District, Developer
Environmentalist. Citizen At-Large, etc,
Do you cUlT8ntly hold public office? : No .
It yes, what office do you hold?
Do you now serve, or have
you ever served on a Collier County Yes ill.
board or committee?
It yes, please list the boards I committees:
Vice-Chairman, and current Acting Chairman, Hispanic Affairs Advisory
Board .
~
Please list your community activities and positions held:
Marine Corps League, Member, Naples, Florida
National Association ot Retired Federal Employees. Member,
Washington, D.C.
Federal Crlmlnallnvestigators Association, Member, Washington, D.C.
Knights ot Columbus, Chancallor. Naples, Florida
World Affairs Council, Naples, Florida
Example: Civic clubs, neighborhood associations, etc.
Education:
Bachelor ot Arts, Califomia State University, Fullerton, Califomia, 1964
History, Economics, Political Science. Languages
Graduate Studies, Califomia State University System, 1965
History, Intemational Relations, Accounting
Numerous courses in Govemmental Operations, Supervisory and
Managerial Operations, Criminal and Civil Law while a Federal Agent,
Supervisor, Manager, and White House Project Member
I"
""
II
Experience I Background:
26 years in investigative, supervisory, managerial, and research
positions with govemment agencies,
14 years in real estate. financial planning, insurance, and Vice-
President of Bank.
Two years employment with State of Florida as Social Worker and
CrIminal Investigator,
Volunteer Precinct Clerk, Supervisor ot Elections
.
I
'.
[EmalltoSue FIRt:.] I Reset] --~
~
It you have any questions regarding this application please contact Sue Filson, Executive
Manager to the Board ot County Commissioners, at (239) 774-8097 or email to
http://www.colliergov.netlbccladvisoryboard/index.cfm
8/18/2006
Advisory Board Application
Agenda li~~~~f 3
October 10, 2006
Page 17 of 52
suefilson@colliergov.net
.
If necessary you may download a hard copy of this application and submit to Sue Filson at:
Sue Filson, Executive Manager to the Board of County Commissoners
3301 East Tamiami Trail
Naples, FL 34112
You may also fax your application to (239) 774-3602.
Home I Jobs I Using Our Site I Contact Us I Disclaimer I Privacy
Contact the webmaster for technical questions about our web site.
Copyright C 2000 - 2004 CoRier County Govemment. All Rights Reserved.
Usage Is licensed under the terms of the GNU Public License. Any other usage is strictly prohibited.
.
e
http://www.colliergov.net/bcc/adviSoryboard/index.cfm
8/18/2006
"
J.
.
4
,
Agenda Item No. 9C
October 10, 2006
Page 18 of 52
MANNY GONZALEZ
1622 Tarpon Bay Drive, South
Unit #202
Naples, FL 34119
Cell: 239-850-7097
Home: 239-591-3934
Agenda Item No. 9C
October 10, 2006
Page 19 of 52
MANUEL "MANNY" GONZALEZ
.
OBJECTIVE
QUALIFICATIONS
EDUCA nON
.
EXPERIENCE
2004 - 2004
2004 - 2004
2003 - 2003
2002 to 2002
2000 to 2001
1998 to 2000
1997 to 1998
1995 to 1997
1992 to 1995
1992 to 1992
1991 to 1991
1 990 to 1990
1987 to ]989
1982 to 1987
1979 to 1982
1976 to 1979
1977 to 1978
1976 to 1977
-
]975to]976
1972 to 1975
]967 to 1972
1965 to ]967
A position which will utilize and challenge my business, organizational, and investigation
education, training, skills, and experience.
· 26 years in investigative, managerial, and research positions for government agencies
· Top Secret Clearance with U.S. Department of Treasury
· Complete background in criminal/civil investigation and security
· Proven areas of expertise: managerial leadership, organization and planning, research
and investigation, project management, and sales
· 12 years in real estate, financial analysis, insurance, and mortgage banking
· Effective interpersonal skills - able to work with persons of all backgrounds and
at all levels
· Strong oral/written communication skills
· Fluent bilingual English/Spanish, reading/writing
· Open to relocation/travel
GOVERNMENT LAW ENFORCEMENT OFFICES
Extensive Law Enforcement and Managerial coursework
CALIFORNIA STATE UNIVERSITV SVSTEM
Graduate coursework in History, Foreign Affairs and Accounting
CALIFORNIA STATE UNIVERSITV AT FULLERTON
Bachelor of Arts in Economics, Political Science and History, 1964
Triple major
Criminal Investigator. DEPARTMENT OF REVENUE, Naples, FL
Case Manager, DEPARTMENT OF CHILDREN & FAMILIES, Naples, FL
Child Protective Investigator, DEPARTMENT OF CHILDREN & FAMILIES, Naples, FL
Senior Loan Officer, FINANCIAL RESOURCES GRoupIWCI, Bonita Springs, FL
Assistant Vice President, FIRST NATIONAL BANK OF ONAGA, Merriam, KS
Account Executive, SECURITY SAVINGS BANK, Olathe, KS
Account Executive, BANK OF AMERICA, Overland Park, KS
Loan Officer, FIRST FEDERAL BANK, Overland Park, KS
Loan Officer, FIRST AMERICAN BANCSHARES, INC., Leawood, KS
Associate, MmwESTERN FINANCIAL GROUP, Overland Park, KS
Sales Executive, BOYLAN AND COMPANY, Overland Park, KS
Associate, COMMERCIAL REALTV RESOURCES, INC., Kansas City, MO
Special Agent, U.S. TREASURY DEPARTMENT, ATF ARSON TASK FORCE, Los Angeles, CA
Special Agent in Charge, U.S. TREASUR\' DEPARTMENT, ATF DISTRICT OFFICE, Kansas City, MO
Special Agent in Charge, U.S. TREASURY DEPARTMENT, ATF DISTRICT. OFFICE, Houston, TX
Special Agent/Liaison, ASSISTANT TO SECRETARY OF TREASURY FOR ENFORCEMENT
OPERATIONS, Washington, D.C.
Special Agent/Study Group Member, PRESIDENT JIMMV CARTER'S LAW ENFORCEMENT
REORGANIZATION PROJECT, Washington, D,C.
Special Agent/Operations Officer, U.S. TREASUR\' DEPARTMENT, ATF HEADQUARTERS
OFFICE, Washington, D.C.
Special Agent/Analyst, U.S. TREASURV DEPARTMENT, ATF, San Francisco, CA
Special Agent, U.S. TRt:ASURY DEPARTMENT, ATF, Sacramento, CA
Special Agent, U.S. TREASURY DEPARTMENT, ATTDIIRS, San Francisco, CA
Revenue Officer, U.S. TREASURV DEPARTMENT, IRS, Santa Ana, CA
MILITARY
.
DESCRImON
OF DUTIES
4
"'
Agenda Item No. 9C
October 10, 2006
Page 20 of 52
UNITED STATES MARINE CORPS, Honorable Discharge, 1964
As A CRIMINAL INVESTIGATOR WITH DOR, I investigated allegations of theft of state funds by
business owners, prepared required reports, and referred cases to the State Attorney's Of-
fice for prosecution when appropriate. The notary certification allows me to administer
oaths and acknowledge documents to be used in criminal or civil proceedings.
As a Case Manafer under contract with DCF, J met with families identified in need of
social services and coordinated the application of services with the family and the appropri-
ate service providers. Frequent court appearances were required to report written and
verbal progress to the case assigned judge.
As a Child Protective Investifator J investigated allegations of child abuse, abandonment
and neglect for the Department of Children and Families as provided under Florida State
law.
As a Vice President/Account Executive/Loan Officer with the six listed mortgage banks, I
primarily originated residential mortgage loans. Related transactions provided me experi-
ence in commercial real estate lending. As a result of my training, I have become familiar
with the many federal laws and regulations that govern residential mortgage loan origina-
tion, processing, underwriting, appraisal, and secondary market functions of mortgage lend-
ing.
As an Associate with Midwestern Financial Group, I learned the business of insurance,
investment products, and financial planning. The training provided me the skills to analyze
a client's financial state in order to help him or her detennine, set, and, with a combination
of plans and products, achieve their financial goals.
As a Sales Executive in commercial real estate, J conducted the exchange, lease, sale and
purchase of land, office and retail space, or buildings. My proficiency at this type of work
earned me the "Rookie of the Year" award during the first ten months on the job.
As a Special Afent in Charge of the Houston, Texas and Kansas City, Missouri District
offices, I supervised smaller Resident Agencies throughout Texas and New Mexico, and
Missouri, Kansas, Nebraska and Iowa, respectively. In this capacity, I was charged with the
responsibility of implementing the Bureau's enforcement programs. This required me to
assess regional and local crime problems, then focus appropriate resources on them with
the objective of removing them as a public threat.
As Resident in Charfe of a field office, I supervised six to ten agents under the direction of
the Special Agent in Charge. Much latitude was given me to assess local crime problems
and to work with State and Local law enforcement agencies in suppressing them.
As a Special As:ent - Staff Assistant, J conducted and managed research projects for the
Bureau and the Treasury Department, on explosives tagging, and wrote the directives on
fireanns standards, the use of force, use of informants, and undercover operations. J also
learned the budgetary process for law enforcement operations, and experienced the balance
of responsibility between the executive, legislative, and judicial branches of government.
While in this capacity, I worked on President Jimmy Carter's Law Enforcement reorganiza-
tion project, and with members of congress to effect legislation concerning public safety.
.
Agenda Item No. 9C
October 10, 2006
As a Soecial Afent, I detected and investigated violations of the Federal arsStlgfir4ArMSiand
explosives laws, and reported them to the U.S. Attorney for prosecution. In those instances
where jurisdictions overlapped and/or State violations were also violated, prosecution was
referred to State/County prosecutors.
In all of the above positions, I often conducted, coordinated, and/or directed major investiga-
tions concerning the Federal firearms, arson, explosives, and very often, drug laws. In addi-
tion, I was frequently assigned to the U.S. Secret Service for dignitary protection.
From 1972 to 1989, I was assigned to the Presidential Protection Details for Presidents
Richard Nixon, Jimmy Carter, Ronald Reagan and George H. Bush.
My duties allowed me to work in most of the U.S., Canada, and Mexico, as a criminal
investigator, liaison officer, lecturer, instructor, supervisor, staff assistant and Special Agent
in Charge.
As a Revenue Officer, I enforced violations ofthe Internal Revenue Code. My training and
experience involved investigative techniques, accounting, tax laws, and the analysis of bus i-
nesslfinancial documents to prove fraud, and/or determine taxes due the u.s. Government.
SPECIAL AG ENr TRAINING
.
8165
12/67
9/68
5/69
6/69
1171
4/74
4/75
4/76
3/77
4/77
2/83
5/83
5/85
8/87
8/88
3/89
5/89
IRS, Revenue Officer School, Van Nuys, CA
Treasury Law Enforcement Officers Training School, Washington, D.C.
ATF, Basic Special Agents School, Washington, D.C.
ATF, OJT Instructor School, San Francisco, CA
ATF, Special Agent Refresher School, San Francisco, CA
ATF, Explosives School, Monterey, CA
ATF, Special Agent Refresher School, San Francisco, CA
ATF, Wagering (Illegal Gambling) School, San Francisco, CA
DOJ, Criminal Intelligence Course, Sacramento, CA
ATF, Explosives Handling & Destruction Course, Glynco, GA
DOJ, Urban - Terrorism Course, Sacramento, CA
KBI, Posse Comitatus Seminar, Salina, KS
ATF, Arson Seminar for Investigators, Kansas City, MO
Secret Service, Credit Card Fraud Seminar, Kansas City, MO
Secret Service, Presidential and Candidate Security Training, Washington, D.C.
Kinesic Interview Techniques, Anaheim, CA
LAPD, Special Entry and Arrest Tactics, Los Angeles, CA
ATF, Distinguished Expert in Firearms Certification, Washington, D.C.
SUPERVISORVIMANAGEMENT TRAINING
e
4/72
10/75
1/76
7/80
9/82
3/83
4/83
9/83
10/83
12/83
9/84
2/85
1/86
4/86
6/89
IRS, Basic Supervisor's School, San Francisco, CA
GSA, Privacy Act & Freedom of Information Act School, San Francisco, CA
ATF Kepner- Trego-Government Management School, Glynco, GA
OPM, Executive Training Seminar, Charlottesville, VA
ATF , Arson Seminar for Managers, Glynco, GA
lACP, Executive Development School, Orlando, FL
OPM, Middle Management Institute, Kansas City, MO
OPM, Management of Government Resources Seminar, Denver, CO
Human Factors, Inc., Dynamics in Leadership Seminar, Dallas, TX
ATF, Arson Seminar for Prosecutors, Osage Beach, MO
OPM, Federal Executive Seminar, Columbia, MO
ATF, Media School for Managers, Washington, D.C.
Center for Creative Leadership, Leadership Development Course, Greensboro, NC
OPM, Understanding and Managing Human Behavior, Kansas City, MO
University of West Los Angeles, Condensed Law School Course, Los Angeles, CA
-
.
-
4
.,
OTHER TRAINING
Agenda Item No, 9C
October 10, 2006
Page 22 of 52
12190
1/92
7/92
1m
12193
1/94
2/94
3/94
4/94
5/94-02
6/02
1002
1/03
2/04
5/04
7/04
Kansas Real Estate School, Overland Park, KS
Kansas Insurance School, Overland Park. KS
Loan Officer, Wyandotte Bank, Kansas City, KS
Residential Mortgage Lending Origination Course, Institute of Financial Education, Chicago, IL
Introduction to Mortgage Banking, MBA, Washington, D.C.
Basic Processing, MGIC, Overland Park, KS
Understanding Real Estate Appraisal, MBA, Washington, D.C.
Mortgage Loan Underwriting, MBA, Washington, D.C.
Residential Secondary Mortgage Market, MBA, Washington, D.C.
Numerous Seminars on Loan Origination, Underwriting, Marketing, and Sales
Florida Real Estate School, Naples, FL
H&R Block Income Tax Course, Naples, FL
Child Protective Investigator Training, Department of Children and Families, Ft. Myers, FL
Case Manager Training, Department of Children and Families, Ft. Myers, FL
Tax Investigators Practical SkiIJs Training, Department of Revenue, Altamonte Springs, FL
Notary School, Department of State, Naples, FL
ORGANIZATIONS & ASSOCIATIONS
Federal Criminal Investigators Association, Washington, D.C.
National Association of Retired Federal Employees, Washington, D.C.
Vice Chairman, Hispanic Affairs Advisory Board, Collier County Board of Commissioners, Naples, FL
Hispanic Chamber of Commerce Southwest Florida, Naples, FL
Recorder, Knights of Columbus, Naples, FL
OCDN
2l.0lr.>
~O
-"<t
IIi
~.sCL
c:;(.)
Q;lO
Ol
<(
lid *' c:::
:I
. ....c
U Q)
" '"0 u
c::: c:::
Z " ~ ~ ~
N'"O S rn 0
11d 0
.. GJQ) ~ N
.J .( ]N'"ClO~ r'
.....c Q) ~ ~
U N
..II Sn~Q)V':J ~
.. OO~~bSJ
IfJ .. C)uBbSJS ~
~
Q) C\$ c::: .
U "-c ~ .....c ~
lit; ~ ..b gp '"Cl .~
>< II. ~ 0 ~ G
.,j biz .0 U f3 ~
..,. ~ S ::3C:::
* o o~
U ~ rn r.r:;
. ....c
. ....c ..c:=
..
2 "-c
" ~
Jd' t:
.
a ~ . 11)'
13
~ .:::l
z: g
~ -- 0
!
a
l)CON
cnOLtJ
0.....
ON 0
Z -LtJ
ON
.~
"0-
CU
(jjO
Ol
<(
.
~.' ~.;~".
t !
. ,~..::'-':.",;"...'l~ t...!': .. ~ .'~' ~ -
... . . :;;: ;,~~~ '.:~/ ".;~ .
_-' .~--;.;f. .). .. I. .~,.,~~..- ~ ......_ ; ",'} , .'"~
: ~=. .." {;/jf):.:..~..:' :;P:;:...
tt.. ' ~ ".", ..~,...;{-.t..,;. ....,'!?;...~.:.~,:r.~.i:~_~;~.
. .~!.~ :"',~l~;i. ~
.~. -;;t"~ ..~-;. . L .:. ":;'~,~;:~,-.it -...:-.
.,,,
'.
.: :1-,.
; ,
,
I .~
.'r.';'
... ~
... :",-
".'
.. '3"."~
. ~ ".
.-
....:'
.'
,'.
','
,;.;f
. ~ ~. . ,".
, !".
'. ~ r .
. .~,
i, _ ....
,
,
.' l
!
~
.
....
~ .....
-\- .....
. .' ~;, ~ ,.'
...:
~ - '.- .;
:,.t.'1-:
~",.'
'. ,
~:' . ,
....).
j:;~
":'.:~~'~: ~
.;. .
;'
~ ..
.r
" !
l..
--r....
, ,-
...~;)
""..
',' ~.'.'
Agenda Item No. 9C
October 10, 2006
Page ?6 of 52.
,-. J--'
,;
,,,:
~ . .~
....., .
.' ::
:.a;
~
l'
C. -~~.-
I . .
? . (.. . '. .
. .
, .
! . .~: .
.',
'oe.. {.:....~ r'\"
. r
')
.'!:"t.
. ~.,\""o:.'~'~' . . . I
:;:),~~;fi:~( "
.', -: r .~. ~:'':":''~'"',~':'~'
,.._ '., .' ~.' .:'" /,-l
t.J'
.".
i !
)-1
I.
ii
,
..~, l..
"
'1;'
~'
j;
:",
'. 1;'
,~,'
'1
.. ....
....'.',,"
! ;
,'.~ ,;
.li
'J.
J~~
1 .
'1--~r.\ -'-'. - r~-,""ri""", .~
. \ 'i: \;\I:!\'J !... "",,. . lV.,
; ~'-/_v_ _ ~ _ __'-"--'._-' _..,.,....,
.[
.,.
. ~ .i
l'
I'
'.\
j.
"
~
CJ\ 'M f;\'
.€J'. rf.j.. '~J',
Ii
,r-..'
I:
I;
).....
Rookie .'ofth,e' -YeaI.
.'1
.. :1 ~. ,
~
'J
J
. i'.
. .,....,/- : r'k T.\ .ryT\ ~"7.
...' 'I'!' Z::" I\v' {\y. .... v.
. /..,,'j..1.::-,;-oi.di.\.' b \/ L...
.'
. - I ~
j' ~
.~
r:r rJ)" l\~'~\~"-:-~;-r7:~. \j<"'=. -. Pz[77"
'.,\ "D""~\ ./ -". . """ ..Lr ;:1' p" Ai
~..,., . " aJ '~I:"-;~~~:
!)
I
m
. (~
i'
./
.-' .,'-;':' :\::
:.::'; :....... ':"
. - ':;"', {
:Y:'~:} -
~.. "~ , !".
.,
J~
~'. t. ~ ..:
,;.~.~-
': .
.':.:'l '
, .'~-
. )1. .
.~.~..~.~\:'<; ~
-..'--.'
..,'.it
I'I'!
~':-'I
"~:~',l:::i
,/'
. r
.. ~.~ ~ '.!;:'.-;'~,':-' .~~
" ..~ ....' :'",';"'~".' ~'- '.:(-'..
.~ '\'~ ~ .~... .... . , r
~ ~}~~~~~... .:' .;>~.,-. ::';~.' "._4'" f. >~.....
~.- ..-:--:';" - .-:,:' :::,.['-;
'; '.,:..j ... O' .. _, .... . ~_.~' .'.:.- :','
,~~~~~.-~-~1>~;~:~'~}".-:A", ~ ~ . :
. ::C...~'.,.,'.:.~~~":'; <'::~I :.:~ ~; . .. . . .
.."- :'- ", ~,':;",:.~'Y{~).r.;.t.~.:.~.'~.'.':.~~.~".~,:,:..,~..'.:~::' y.;:.;~.
:.. ~:.,'_.' ~,';-~~;'~,;~/:'j(--::.! ' . " . '
.I,~ . ":.;'.
;\~;-~.
~- ..~ ,j
..'<t"
:'.'~ :r. . .,;'~>:,f1.blo ~. .jr"-.;...:'::','~: . / '
'.~ . ... f'" .,~ :;.~~ '. ~..
~:C':~,G?:';~;,:,\:!,if-nj:j ,',
..-j
i
OCDN
Cl)0l!:l
0_ $
ON 0
Z -r-
Ii
roOll.. ~
'O~
C:(.)
<DO
OJ
<( ~
0'1
co
I :s
=s .....
Si I .-
'1ft 1; \0
e Q
-=-.. =-
e !e
~ . . g
5... ~Ii~
e ~1;
.
lW ..... =~ ~~Jt
=S- e
. ~'2
\.\\S AN,/" = =SNe ~=
wt-t A!... ~.
~~ '" .....
ut ......:s fWen
~ .,. N . -.. ta.t
~ z is
.. . Q '-t o .
C,!)
~ e fW
--t Q ~ Q ~St
Q ..... ::> . '-t fW
z ta=~
Q tst ~ . ~; ~ *" ta.t
tr ....
. ~ a ~
...... tst J:ie ~~ e
tit .... .
Q ..=- . ==:1 ~ .
Ie ~-..-..
. ia ta.t
3 . ~ ; -..~~
.e ,5 ,5
e
. = tst .~ a a
,... . m ~ 't:: 'C
~ ~~~
..=-
~ ....
~ ~
oS
. -~ IlR
. ~
Agenda Item No. 9C
October 10, 2006
Page 28 of 52
.
~
This certificate is
presented to
Manuel Gonzalez
upon your retirement from the
Govemment of the
United States of America
following .. TWC?f11:H :-fQ1!~_~ Years
of loyal service
AU~5t, 1989
J-~,., cd~
Pr'redor; Buretltt f Alcohol.
1Obacco aMd Rrearms
.-,
,;."
".' \.'
',':"
...
UtDN
~Ol.D
~'O,-
ON 0
Z -0)
ON
~l
CIl_
"DC)
~O
OJ
<(
~
E
t:3
~
eN
~
~
~~
:J <:>
UJu
COe:.>
Q) ~
.... ..0
~~
.~~
.....,0
'+- ~
o 8
....., ~
c:~
Q)~
E <:>
~~
CO ~
c.~
Q) ~
O~
.
o
~
~.
rn
........
~
~
~
rn
~
~
:;:,
o
u
c:
o
t=.-
CDof-J
a. CO
N ><.~
Q)w~
.-J ctS
'- \J -C ::::J
NCDa
=-fi5(1)
0.5 E
r ~ C).....
~ c: CO
.- CD
....-4 1;) . ~
Q) .- LL
:::sC-c
~U).....
~ CO CO .
cd-c'"'O
~CDC:
~ t+= j9
==00
CO
::::J Q)
CT..c:
of-J
U) c:
CO 0
..r::..
II
III
o
. ':
,-
"".
~.'''_:::.:::;_.:;~~~'.:,'.::'.'..':;~~~.,"
.....,~ -'~"---" ,. ":~......
I"~
-'.'~.".~.......
,t-.;~.I,.~.~_,
".~
",:,.)..
..
./y' .~r .~
...
-,
~;:' ,.
" .
~, ~.
I
!
f
f
.'
(.
.; '~....
tJ~ .
<~~~; .' ,--:;:~"".!-t.~. _.:,:,t~.i.
.;~ I Ji\,\
1 .
"::~~:j
Agenda Item No. 9C
Tllr. . October 10, 20.06 ...
. :.,. .-~l<'~e 3t:):-v I!lIl I ...l '
."
~.;,.
'~.
.,
. ,',.,...;
'r~.... ~;
J' .:i
if<t'
, :"',
't~.
'l
'v 1",
, .
." I
.'\
" "~
<".\ >
....._.......~ '.
~\ ~'
'P' " ~; '.
''"~' l,
..t ~,)
... "It, _ ~
. . t '''. "
t"'~'
\". ,
.~ '
, ,;...,: ,........'... .'
. ."'''''. -.,-.'. 'y.'
"."'"~..'.'''.;'''
...'.....'-.......
~,
'j
r . "
l,'....
l!I, '.. '
. i
,I". :
~ ~ ...7
\ :
;'~ :'::'
"'~~ i ~.~.
~ !
~ ;
.
. "
"l .'
i, ~ '.' ,
, ."
k
. ,II
':) :
i"/ l
", ~~ '11I(...
'"",
.
O(DN
mOl.{)
0,,-
ON 0
Z -.,-
OC")
E -::= Ql
$QlOJ
-.om
moD...
-0-
c:()
QlO
OJ
4:
t.
.~~~
I
>
1-"
~'::c~T~~~""'~~~~"~-~,;r':71, ~~'.~?',~
'J. ".,.
'..,';.'"
'A:~~
:~f :.
~
I
,
f
'1
J
,
I
I
,
.j
"
1
..
I
I
,
.,
, t
1
I
I
i
t
'f
1
V ~
)
:'~"L
,.
f . .
f
;.
f
~...
H
--
.( "-.
'-:'It... .,
; -' ")'
, .
.'
i _ s.'
/t-'
1 I ,'.
,;
-....~
,,? -i
'I -
.'-'
1'-
~~".'"
, .
;.~ ,
\ . ~ "
(".;-.
1 _
.j ',,'" t'
'-:;' ...
,,:,'1 ~
~ \ ,~
,.. i.. "
;...lj
",
";'1
n1.:-;"~
r ..:....~
~. ill
'.~'
,.r - .
") - I,
."-
;. ~. t.
,- .
,- ,
..r ::t~.
r ..
,
. '.:-"7. '~ ...
\ ...i.
~.. ;:'
\ \ .
I:'
""
" --'
" ,
.....t
...0(".",
~-
>- ......~~
; -
>'.. .
, .
,.~'.
b., .!
'f'.'
Agenda Item No. 9C
October 10, 2006
Page 32 of 52
T{lH.Ilr-_,'"'-'"
,/ (;\." '"'.. '.(/\~
.'.1:~":rt~
ii'S('" "I, ,j I
i' <( .". I~
[~"'''''l
I"'. .' ". /.1'!J
:;...' I /~
I:;.",~:
~~}Ji ; ",.'::.,
Department of the Treasury/Bureau 01 Alcohol, Tobacco and Firearms Newsletter
June 1981
Volume 9, Number 6
t
...
"",
....-;..,.'.
,
Manuel Gonzalez, special agent In charge of the Houston
District Office, Bureau of Alcohol, Tobacco and Firearms,
examines a semiautomatic pistol outfitted with one of
~out 800 silencers seized by ATF and city officers. The
.Jlizure and arrests of three men came at the end of a
three-month probe.
Cover Story
Agenda Item No. 9C
October 10, 2006
Page 33 of 52
.
Silencers by the hundreds
Ho'uston Agents Seize Record Haul
J~
Bombs, Guns Keep Houston Agents Busy
A TF has had one of its most
successful years ever in the
'uston area.
In May, A TF agents arrested
. wo machinists and a welder in
Houston wilh more than 800
silencers in their possession. It
was the largest haul of silencers
in U.S. history.
. A TF special agents also
assisted other federal agents in
the arrest of two Britons and four
Austrian flight crewmen at Hous-
ton International Airport and
seized more than $1.2 million in
military weapons waiting to be
loaded on a jet bound for South
Africa.
. In April. ATF agents in New
Orleans and Houston arrested 10
men in Louisiana alleged to be en
route to overthrow the govern met
of Dominica in the Caribbean.
The men. armed with submachine
guns and explosives, allegedly
were being led by a Houston man,
· A TF agents also in April
charged a Pasadena man and an
East Texas liquor slore owner
with solicitation of capital
murder, accusing the men of
offering to pay for the killing of
the Newton County judge.
· Two men from Lumberton,
.as, have recently been charged
special agents with federal
I fraud violations. The men are
reported to have been making
insurance claims on property
they had hired someone to burn.
4
. Nearly 12 months ago,
reputed organized crime figure
Raymond Carl Freda, arrested
after an investigation by A TF, was
sentenced to life in prison for
attempted arson of a Houston
restaurant.
. In EI Paso, Texas. two elderly
persons were murdered by their
chauffeur who later torched their
trailer. Although local authorities
deemed the incident an acciden-
tal fire, A TF agents were able to
determine that the couple had
been murdered and then burned
in an attempt to cover the homi-
cide. ATF's investigation led
agents 10 California, Arizona and
Mexico.
From October 1980 through
May 31. 1981. the Houston office
recommended 177 significant
criminals for prosecution for fire-
arms. explosives and arson viola-
tions. As projected by Special
Agent in charge Manuel Gon-
zalez, this figure will pass the 200
mark by Seplember.
"Texans are fiercely independ-
ent and the local law enforcement
are not always able to deal with
it," said Gonzalez.
"This office can perfect quality
cases because of the quantity of
criminal cases available. Thus we
can afford to be selective and
concentrate on significant crime
of primary federal interest,"
explained Gonzalez.
Houston special agents
silenced a trio of Texans May 6
when they seized more than 800
high-quality gun silencers at a
Houston airport.
ATF agents, posing as under-
world drug smugglers and carry-
ing $100.000 in "flash" money.
arrested the three men and made
the largest such seizure of fire-
arms silencers in U.S. history.
The homemade silencers,
designed to tit .22 caliber wea-
pons, were manufactured in a
west Harris County machine
shop, According to Special Agent
in Charge Manuel Gonzalez, the
suspects' operation was not part
of any organized crime ring. Their
enterprise was basically a cash
and carry operation.
Arrested were two machinists
and a welder who were charged in
federal court with one count each
of possessing. manufacturing
and selling silencers.
The arrests capped a three-
month investigation by the
Bureau and the Houston Police
Department. Two undercover
A TF agents, posing as drug
smugglers from EI Paso and the
Eastern Seaboard. went to Lake-
side Airport under the pretext of
exchanging a brown briefcase
stuffed with $20 bills for eight
cardboard boxes containing the
weapon attachments.
About two dozen heavily armed
Wi.
;~~.
ATF agents and undercover intel-
ligence officers from the Houston
police force converged on a
driveway between two hangars
and arrested two armed suspects.
The third man was later arrested
at the machine shop where
agents confiscated spare parts
and more silencers.
Undercover agents had told the
suspects the sllencers-
constructed of threaded tube
wrapped in screen mesh and
foam rubber. and housed in an
aluminum cylinder-were to be
used lor "drug hits" along the
Mexican-U.S. border and in EI
Salvador.
Agents also seized more than a
dozen rifles and handguns, a van
and a piCKUP truck during the
arrests and subsequent searchers
of the machine shop and homes
of the suspects. They also found a
prototype of a PVC plastic pipe
silencer.
Earlier purchases had been
arranged on two occasions. Later
the suspects offered to build 500
of the devices for $60,000 and
eventually upped their offer to
BOO silencers for $100,000.
The attachments for ,22 caliber
weapons-each requiring about
$4 worth of raw materials-have
been selling in the Houston area
for up to $500.
Bond was set for the suspects
at $100,000 each,
~
~I
'-, ~ ..or;:
Some of the SO flrearml taken In the Houston raid .re dllpl.yed here. A
trial dst. hu been lei for Augult 10. The wlvel of Iwo of the men were
also arrested and are tree on $5,000 bond .ach.
.he seizure of more than 800
ncers in Houston is just one
example of the burgeoning
market for firearms silencing
devices. A firearms .silencer or
muffler is a relatively simple
device. and can be manufactured
easily by someone with lil\le
machine tool experience. Often
they are improvised from Items
found in an auto supply shop or
hardware store.
The illegal devices can be
manufactured in a basement. gar-
age, or mini-warehouse. The
quality can be quite good. Raw
materials are inexpensive and the
potential for profit is limited only
by the financial resources of
those willing to pay for the
product.
Silencers: Low cost
high profit & in demand
The term "silencers." however,
does not accurately describe the
,........nction of the device. The instru-
nt muffles noise but does not
~nate It. To the listener, the
W.d of a weapon equipped with
a silencer could be identified mis-
takenly as the slamming of a
screen door in an urban neigh-
borhood rather than a gunshot.
Most silencers consist of baf-
fling around a perforated inner
tube. The baffles are usually a
series of screen or metallic disks
(common washers are often
used), Ordinary steel wool or
foam rubber is sometimes used as
packing material. The disks
and/or packing material cool and
slow down the escaping gases
behind the projectile and thus
reduce the intensity of the per-
ceived sound as well as aller its
tonal quality.
Firearms are easily alt!lred to
accept these devices. The muz-
zles are usually threaded and the
devices easily attached by hand.
The only requiremet is the proper
alignment ot the device with the
bore of the firearm. Poor align-
ment is a contributing factor to
the poor performance of many ot
the improvised devices. not the
actual construction techniques.
-Jhln the last 18 months. the
u has purchased/recovered
silencers. This figure does
not include silencers taken in
Houston.
Agenda Item No. 9C
October 10, 2006
Page 34 of 52
The steady I'J
- ""- AID", of
.........,...., ~ - ""- ~e
;::0-...-:;-... , ... .. u ....... ..... a pon
'- _~ ....:;........."';:.:,,>P. ~... :::: _ s
...,\.~ ",~",:::,,~.....:,:: ...,...~~.......
~t! \l;"'" It'.::... ...,::-:::-..;::::.. - ~ ::;.- ':. .,' ..... ~
0"0. .....~......~.:t:::'-... ..~ s;.........~.~..........
'.. ,.. "...;.___.~ ~ ......." ......,: t
feA;!e\j~ee r: 8 8ei;;~;g~~f~-~k~~;;s
..,.... ,~ ..--- ...................., ................... ....... ...............,IIl~...,....,.
~~ .uu...., _ .-..,....... ....... .-II .T..... __ ~..-..... 1.........-,.... _..... ..... '"",""'_
# ...:::~-:. , ==:5:~ :t=~\._:'::~"= c===~~:.
~,.. ~ ~ I.... .. ~ .... ...... ..............., ." .nt- = ..--~ .1 ..... ....... __ .. .....,.. It",... .....
;;;'.........~tI". ~. "=~"'.,,""""u""'''''''". ;:::.;.......t::'....-.=::...~~t.- :=-:=:.::,:.:,.:r:.':~::,,~::
~.: .., ~ ~ :::r'_':.~:-....""'-..:r".'" ..';::~~~...."'":.'=:"~::r.:: :::,- ..==: :'::~",=~:::-......
I~~;;':;' ~..~~=~.......~--. :::""....""'..................- t;.:-=..:.....,,:.-:......tt."...~;
...~.___~...J:. t.....,.....;T"...--=:r~~ .............,............................. ...........er.......... ...--::......
",..., ,.. ~_-..... .......... ......................... ........\11...,............. ........... .. . ~ .._ LIooo....
.::.:;-; ~ ~...:........:..~;-::: ,~~ ;:-.::.:-:r-......-:':'~ ~-::.~.:t. =r.t':~..:.:..:=.
...;, ;::-............ 1;::..--::.............. RIlIl ....... =:: .=:' ..... ..r ...... ........, :t":,.::.:=.:.1.;::~:~.....,':..~..
~~". """".~.......I.""................_ ,.,...._....._.....~.............. ...1......._............_........,.....
;,.;:...........:::0-. ....,;.~-....~. -- ..~ ...__ ~ -'W.o.,
..""'.:-o,.~ ~.....ro;;;..~.... '::';: ~...."'- -......"':-".~- . .
.........-"'~ ;iIoi"'........-"-- ... ... ~,-~- -.. .
~::o ---..-: ... '!:O..... .~ ......... . ~ ..... ~ '... ... "'-
"lW___-:;.~ ..~.,. ~ ~~~.,::... """........~~.:~~';.::ft",,,~
~;"........--,.-- ~...,.':.......,.;:.....,... "...................:.....
~~~~ ." .::;..~,':( ~.....'.--:'.:;. " ; ~
("....~~"... ~... ..'~ ,.. ...!...r.~;.r.-'
~.t:..".-- ft.~:::-~... ';;-':;ii" , ,
.'If'.~.:.~..... ..." '
:.::;.. :;:iid'....... ...... .... ",..
.. -0::.... _ """
-:: ~ -:::.A
......
..
'. ~ .
These common devices
alter sound and perception,
producing high profit
Incentives for criminals
1
.f
5
O<.DN
mOL{)
~o~_~
....C'"l
(j)L..(j)
:t= 15 ~ --.- --. M
,~'
i
i
j, .'
.~
.lo..(\
, ...~
,''': :"~.~.
,;:.l>~f
;d17"
";. .~
..,\.
,-,.'
j:.1
.It-....
or").....'...
~.:.....i '
, ~...
"",.."
.-../
....
...
'../...'
~~.
....::.. -
....-
",:/
-,
...
.
l
~
I
;_"i'
~_~I
t.-:
;~.:
~f'!S'
'~ e-','"
~,
...,
;\ .:-
, j
~ ::t,
.~, ~.
-
......
'] \...~:4:?
-'
..., .
, ,
;t-
.~;~
.~ lie
,:-",
.,":~
". "",
.. 't......
'.:' ~
r "'"
~'':-kt
i'
f
---....
........"
". !
-~
-,
',",
r_"
,. .
..;:,
..... ,
;......
,'.
) .;.,..l.
, ,
..... "~
-'
"
- '
-..1'
"..:'~
-:~
'j ......
~ ..... ~
";~.
,
,~.:~.
, ,
....~
~~
.,.,j
.....
~ .
.".....
.,
....~~f
,,_ t.
:~,
; ~. :~. .r
........;.
.' "<~"
. ,
,.-.... -}'
~~ '
.,'
~:"r
~ I:~.'"
f~"'-
....
,
..'<11I(,
'A'
'.\ '
. -
.',:
".4"
, -
~'
........, !r .;'
.~-.- . ..~ ' ~.
." ". ';:. :~.:'~
. :..)'. ,: ,;'~
_..... .. -. I
:.... ... ~
:r t, '.1'
~:~' t~ '\'~' . ~ t
" "'( ~
\, ,j'
. "'-;a ,-t.
. "l ?..... ..- ~ ~,:
.....{
.
'>~~"
,
.'\,' ,- t'.1 ~
. '-I, .
. '" ::-1
J. .~~
",' ..:~-
.~~, <.t-~'
..~. 1.'., jj..~:
_,,:~}. 1_"
_ :<.. ;,.....~,'.~..i.,{.~,,:/.';;.
.',\.:.r:: t. . ,
.~it~;0~; "!
... . '.~'.~
..-',
~~.
. '
'JI.:",
"
. ..'~.>
.' -oJ"
r-o;;,
.::-:
....
~J
:;K~~'
. ,
, -
c... ~ <It.'
,..~..,~
~'.
~' . \ -
...
-i
. .\:~
,'"" ," ~. .' . - F .i
__--.~ li.""'" . .. <
~. ':"':"""',J ~.1f'."!'ft" '--' -j
__.- ,,,,,,,,,,Et~_
'March 1980
Vol. I, No, 2
u.s. Department of Justice
Agenda Item.li~' ... ......
October 1 '.
Page '
<J
OJARS Budget Higher For 1981
The Department of Justice is re-
questing a $2.66 billion budget for fiscal
year 1981, about 7 percent more than
the 1980 level of appropriations, Assis-
tant Attorney General Kevin D.
Rooney has announced.
This includes an qJ ^ RS bun get re-
quest of $!170,HR2,OllO and !-i71 posi-
tiolls, an increase of $H4.41'),1I00 (17.4
- lcrcent). with no change in positions
~ the anticipated 1980 level.
"'rhe higher OJARS funding level will
increase aid to states and localities for
gC'Il('l'al criminal jllst icc I"orlllll!il .grants
by S!-i7,7MI,1I00, focusing additional as-
sistantT in areas wilh thl' Illosl SI'vel"('
crime problems.
An increase of $5 million for the Of-
fice of Community Anti-Crime Pro-
grams to enhance citizen involvement in
crime prevention activities is included.
:\ major component of this program is
an urban anti-crime initiative that seeks
to involve citywide resources, par-
ticularly local orticials, in efforts to com-
bat crime.
Additional funding for the research
and statistics appropriation will sup-
porI the continuation of the crime vie-
t inJization survey,
Funding for pro~rarns associated
with the Juvenile Justice Act will con-
tinue in 1981 at the 1<J80 level of $100
million, emphasizing the priority ar-
fordl'd , ht's!' efforts I,y Itol h IIH' Ad-
IlIillisll'atioll ;llId IIIl' (:ollgn'ss.
Thl' t'('qlll'sl for $2,()("I,.'i'!("OIlO alld
55,()7<J positions for the Department of
~ice represents 1,238 fewer positions
~ an increase or $ 172,041 ,000 from
IIII' I'll rren I YC.II' hll d gd .
tv( r. Roolley, who lH'ad~ IIH'I >toparl-
ment's Justice l\lanagement Division,
said Congress appropriated
$2,394,96 7,000 and 56,608 positions in
fiS<"al year 1980; in addition, fiscal year
19HO supplemental and reprogramming
requests totaling S97,538,OOO and 309
positions arc pending before Con!l;rcss.
1\11'. Rooney emphasized Ihat <<Il('
IHld~('t I'l'll\l('st is eonsis\I'1I1 wilh PI"Csi-
dent CarleI' 's policy of holding down
federal government spending in the
fi,l(ht against innation,
But he said the budget proposal con-
tinues to give high priority to state and
local assistance and corrections
programs. Among the "significant
changes" [\,11'. Rooney listed was the in-
crease of more than $84 million for
(~JARS, He said this unders<~ores the
Administration's <:omrnitment to
improvements in operalion,,1 enforc('-
ment programs. Budget deta ils are COIl-
tained on page 6. .
OJJDP Head Sworn In
AUorney aener.1 BenJ.mln Clvlle"1 .dmlnlste,. tile o.th or OfftCI to Ir. Schwertz, new...
loclate admlnlatrator of LEAA'a OffIce of Juvenile Juallce and Delinquency Prevention. To Mr.
Schwertz' right ere hi. eon, DIYId, wife, Elelne, d.ughter, Amy, end mother-In-I.., Mrs. Gert
Lepldea. See .tory on p.ge 8.
U.S. Department of Justice
Office of Justice Assistance,
P .ch, and Statistics
. .,-,on, D, C 10531
e'~-:.I
~
..-----..
U.S. DEPARTMENT OF JUSTICE
LAW ENFORCEMENT ASSISTANCE ADMINISTRATION
ThE' atluc-hed malt'ria! b
!Tlay t' of intcrE'st fo you.
RECf.1"EO
fw f.,PR 1 1980
/ r"' ~ECI~\G.~~H IN CHAHGE
0HoU.lfu~""'fR\tJT Off-ICE
pee
Malcolm Barr
Director
Office of Public Information
Kenneth E.Joseph has been named
~'BI. executive assistant direc~ in
large of law en- c'.'''i~
\l['{'('mellt services. .
In his new posil iOIl
a~ \lilt' of I h(' SI'('-
ond-highest r<lnk-
ing FBI officials,
Mr. Joseph is
l'I'sponsihk f<lr all <',
law enforcement ~",};.:~\ ~
cooperative services ~~~~A ~.:~
performed by the Bureau, including its
laboratory, identification, and trainin~
divisions.
1\11'. Joseph is a 2H-ye;ir veteran oftlw
FBI who began his career as a spe<.:ial
agent in Omaha, Nebraska.
David A. Dean has been named ex-
ecutive director of the Texas Criminal
.J ustice Division,
Office of the (;over-
nor.
1\11'. Dean will
continue to se!'\'c as
general counsel to
Ill(' g:ovcrnor, a
posit ion he has held
since 11)75. Prior to ,t ',' '.
.hat, 1\.11'. Dean was 'I '. /
n administrative assistant to the gover-
nor" and assistant din~~c!(}r of th(" ~r(~xa~
( )ITil"l~ of (:ol11prehensive Ilcall h Plan-
ning.
Florence K. Murray has been sworn
in as Rhode Island's first woman
Supreme Cou rt
.J list ice.
I\ls. t\llIlTay Iirst
oc{'upied I he bench
in 11)5(1 and was
elected Superior
Court presiding
just ice in I C)7H.
From J ()S2 to I ().16
she practiced law
with her husband under the firm name
of !\[urray & Murray. Before that she
pl'a{'t i{'ed law in her own firm.
Manuel Gonzalez has been appointed
special agent in charge of the Bureau of
Alcohol, Tobacco, J~. ~
and Firearms" .
Houston District . '. ..
Office, He is the .' . .
first minority group .' -
member to be .,.___ ~
named to such a ~ ~
~igh bureau posi- ~ t ~
tlOn. . ".
t\1 r. (;onzalez '~..
has servcd since September 1978 as
special assistant to the ^ TF's Office of
the Assistant Secretary for Enforcement
and ()prralions. IIcjoined the bureau
ill 1,)(,7 as a s(lc'cial agent ill San I;ran-
cisco, (:alifol'nia.
ge and Fees Paid
Department of Justice
36
Agenda Item No. 9C
October 1 0, 2006
Page 37 of 52
~
~ people
George F. Grode is the new ex-
ecutive director of the Pennsylvania
Commission on
Crime and Delin-
quency. Mr. Grode
bri ngs 12 YCilrs of
administrative and
program experience
in juvenile justice
and criminal justice
to the Pennsylvania
state planning
agency, Since 1973 he has held several
posts with the New York State Division
of Criminill J ustiee Services,
Richard E. Gerstein, a Miami at-
torney and former Dade County,
Florida, state's at-
torney for 21 years,
has been named
winner of a 1979
Rockefeller public
service award.
Mr. Gerstein
received the award
for "improving
justice and reduc-
ing crime." His 20-year struggle for
grand jury reform resulted in the
American Bar Association's endorse-
men! of 25 reform measures and led !o
grand jury reform laws in New York,
Massa~husetls, and Pennsylvania.
epartment of the Treasury/Bureau of Alcohol. Tobacco & Firearms NewsleHer
Volume 8, Number 2
December 1979
A TF EEO Goals Set for 1980
"EEO in Transition" was the themt' of
an equal opportunity seminar sponsored
by ATF for bureau managers, senior
executive and equal opportunity officials
Treasury-wide,
Director Dickerson and Joseph Co/e-
man, assistant to the director for Equal
Opportunity, opened the one-day session
in Washington last month and enc()ura~ed
participants to be aggressive in their plans
for an active HO program, "The effec-
tiveness of our EEO program depends on
the commitment of our managers," Dic-
kerson said.
Speakers from the Treasury Depart-
ment, the Equal Employment Opportunity
Commission and the Office of Personnel
Management discussed requirements
each federal agency must meet in de-
veloping a continuing program for the re-
cruitment and advancement of minorities
and women.
Walter McDonald, assistant secretary
(Administration) for the Treasury Depart-
ment, discussed specific department ob-
jectives, including the possibility of hav-
ing A TF examine for regulatory inspector
positions rather than relying on the PACE
exam. He also applauded ATF's initiative
in holding a seminar dedicated to charting
new directions in equal opportunity,
McDonald called for increased cooper-
ation bl'twecn ,hl~ offices of Pl'rsonnel
and rqual Opporlunity in palh agt'lH'Y to
ensure that goals are realistically iden-
___d and objectives carried out.
p:hard Dickerson, director of the Of-
fice 01 Federal Affirmative Action, Equal
Employment Opportunity Commission
(HOCl. asked that managers strive for
elimination of discrimination and under-
representation of minority groups in both
hiring and promotion practices,
The HOC, Dickerson explained, Is the
enforcement agency responsible for see-
ing that agencies comply with equal op-
portunity regulations. New regulations,
due in early 1960, require that:
· Managers be evaulated on their per-
sonal EEO accomplishments.
. The Personnel and Administrative
Career Exam (PACE) be waived for
certain select jobs.
Diane Graham, assistant director for
Affi rmative Employment, Office of Per-
sonnel Management, detailed require-
ments for the Federal Equal Opportunity
Recruitment Program (FEORP), This pro-
gram establishes governmentwide re-
cruiting policies and programs designed
to eliminate underrepresentation of
minorities and women in civil service
employml'nl.
During the afternoon session, the equal
opportunity staff, the director and assist-
ant directors of ATF discussed the present
status of equal opportunity in the bureau
and set goals for the coming year,
Coleman indicated minorities are se-
verely underrepresented, both at Head-
quarters and In the tield, in career ladder
positions and speclflcally in grades above
GS-9, He advised managers to activate,
when possible, promotions for minorities
within the existing merit promotion sys-
tem. "Experience is important for moving
up," Coleman said, "and managers must
give minorities the opportunities and
training they need to excel in career
series. "
In 1980, ATF managers must deal with
several problems when designing thel r
HO objectives, First, the total 01 au-
thorized positions has been slashed.
Criminal Enforcement's strength has been
(:ul by 84, Reguliltory Enforcement has
been rcdu(cd by ';7. Since IheSl' offices
account for two-thirds of ATF's work
torce, it is apparent that the hiring of
minorities and women will suffer,
Joseph Coleman
Despite those problems, ATF has set the
following goals:
1. Increase minority and women agents
by 24 and regulatory inspectors by 20.
Similar goals. have been set in each of
the other assistant director's offices.
2. Increase minorities and women in
supervisory and management posi-
tions.
Director Dickerson urged managers to
begin now to tultill these objectives, "let
us move ahead with an active program
while the initiative is still ours," he said,
Waller McDonald
PASS Tracks
Personnel
tf:hanges
PASS is A TF's password for a new auto-
mated system designed to track personnel
changes at Headquarters and in the field,
The Personnel Automated Staffing Sys-
tem will give personnel arid fiscal officers
accurate, easily retrievable records of
authorized employee positions, vacan-
des, transfers, grade levels and salaries.
This information, previously kept in
numerous record books, will be consoli-
dated in one report.
PASS will provide a staffing directory
and a record of personnel actions at the
end ot each pay period. For the first time,
staffing reports will be available at the
lowest organizational levels, such as posts
of duty, providing managers with accurate
and current staffing information.
Each regional personnel office has a
video screen and the capability of enter-
ing personnel changes, such as promo-
tions or the filling of vacancies, directly
into the computer. Presently, the pa-
perwork required for personnel changes
can delay action for days.
PASS will be operative early in 1980.
..eadquarters and field personnel officers
ill be trained to use the system by that
me,
The conversion from a manual system to
an automalt'd sysll'm has he-I'n limf' nln-
suming. "In the long run, we will have a
system that is easily managed, easily
analyzed and far more accurate than a
manual system," said Bob Matkin, budget
analyst,
The Fiscal Office, responsible for
operating the manual system, originated
plans for the automated system, When it
is operative, responsibility for the opera-
tion ot the system will be transferred to
the Position Management Branch of
Personnel.
All THE fACTS
Published monthly for ATf employees
OffiCE Of ASSISUoNT TO
THE DIRECTOR
(PUBLIC AffAIRS)
Address:
All The Facts, AUn: Editor
Bureau of ....Icohol, Tobacco and fire-
arms
Public ....ffairs Office, Room 4401
Washington, D.C. 20226
Telephone: (2021566.7268
6
-- ~
.--
-~
Manuel Gonzalez
Gonzalez Appointed
to Houston Post
Manuel Gonzalez, 40, was selected as
special agent in charge of the Houston
District Office, Gonzalez, a Hispanic, is
the first minority group member to be
named to such a high bureau position,
The Houston District includes the
southern half of Texas, the southern por-
tion of New Mexico, and 1,299 miles of
bordN between the United States and
Mexico, stretching from Texas to Arizona,
Gonzales has served since September
1978 as special assistant to the Office of
the Assistant Secretary for Enforcement
and Operations,
C()nzal~z, a native of Oxnard, Calif.,
joined ATF in August 1967, as a special
agent in San Francisco. He came to Head-
quarters in January 1977 where he was in-
volved in development of the explosives
tagging program.
In August 1977, Gonzalez was assigned
as a bureau representative to the law en-
forcement project of the President's
Reorganization Task Force, He sub-
sequently was assigned as a special assist-
ant to the Assistant Secretary of the
Treasury for law entorcement and opera-
tions,
Editor: laura Scanlan
Correspondents: Janet Borrelli, Dennis
Cannon, Sue Cloninger, Joan Clowes,
Nicholas Dereta, 'Dee Flynn, Charlotte
Garvey, Ingrid Hasamoh, Dot
Hochgertle, Karliss McDonald, Lucy
Ryan. Bob Sellers, Lester Stanford and
Virginia Yusken.
Photographers: William Korotky,
Meriam Rosado, W,A, Wadsworth, ATF
National Photographic laboratory.
A ~nd Item No. 9C
gent 10, 2006
39 of 52
Jewel Thieves
.- . ~
I
A frightened clerk dashed from a
downtown Wilmington, N,C" jewelry
store and grabbed ATF Special Agent Wil-
liam D. Gentry who was walking by. The
clerk pointed 10 three fleeing men who
had just robbed the store.
The ttuee men had a 50-yard lead on
Gentry, but the tall 200-pound agent ran
full-tilt and managed to overtake them in
what he remembers as "four or five
blocks."
When the men broke in different direc-
tions, Gentry cornered one behind a car
in an alley. The 30-year-old agent, who
never drew his pistol, seized the suspect,
identitied himself, and then led the man
back to the store,
On the way, one of the other men saw
the two, and not realizing that Gentry in
his street clothes was a federal officer,
began exhorting his companion to join
him. "Hey man," Gentry quoted the sec-
ond man as saying, "Come on. Who's that
turkey with you?"
"This turkey is a federal officer," Gen-
try responded, and nabbed the second
man.
"The police were at the jewelry store
when we arrived and they couldn't be-
lieve that I had two of the three," Gentry
recalled.
The third man was arrested at the police
station two hours later when he came in
to find out what had happened to his
companions, All three were charged,
The three men allegedly entered the
store Sept. 14. Witnesses said one oc-
cupied the clerk while the others went
behind the counter, seized a quantity of
jewelry, the clerk's handbag, the keys to
the store, and fled.
"I spent four years in Wilkes County,
North Carolina, chasing moonshiners
through the woods, That's where I
learned how to run down fleeing crimi-
nals," Gentry said.
All the Facts
Deadlines
To have your story or photos included
in All the Facts, please note the following
deadlines.
February issue: Jan, 18
March issue: Feb, 15
April issue: March 16
May issue: April 18
June issue: May 23
July issue: June 20
August issue: July 18
~,.:
-"~
"-----
.......
.. ..
.. .
.- ..: -.
.. , .
.. .
. .
i :
. .
. :
*. ..
.. ..
*. .
......
.
~
~
~
~
~ _.~
~~
~
~
~
~
~
"
~
~
~
~
.~
'->
;
~
~
~
'-S
j
13
Cl
..
~
)
~
""
A The Facts
apartment of the Treasury/Bureau of Alcohol, Tobacco & Firearms Newsletter
:Volume 6, Number 5
November 1978
Explosives Symposium Held
Among the 300 persons attending the three-day eKplosives symposium were (from left) .
Duke Short, Senate Judiciary Committee staf(; Treasury Assistant Secreta')' Richard Davis;
Acting Director John G, Krogman; A. Atrey Peterson, special assistant to the director for
research and development, and Fred Rhodes, Senate Appropriations Committee staff.
.
I NTERPOL Praises
Explosives Tagging
ATF's explosives tagging program drew
considerable praise as the best way to trace
explosives when presented in one 01 nine
technical papers at the INTERPOL Forensic
Science Symposium at Sf. Cloud, France.
Some 131 lorensic scientists represent-
ing 42 countries attended the September
symposium which is a forum for interna-
tional crime detection techniques, Foren-
sic Science Branch Chiel Richard l.
Brunelle delivered the A TF presentations.
The only other American presentation was
one made by the Federal Bureau 01 Investi-
gation,
"Many countries expressed great in-
terest in ATF's pioneering efforts on
explosives tagging," Brunelle said upon
returning. "It was the concensus of most
delegations that A TF's approach on explo-
sives tagging is the best way to trace
explosives,"
Switzerland now has the laws to imple-
ment a tagging program and France has
one under development, Brunelle
.ted.
nelle's papers covered a wide range
of physical evidence topics: laboratory ex-
plosives examinations, explosives tracing,
explosives tagging (pre and post delona-
lion ,) technical support 10 explosives
investigations, ink dOlling, voiceprint iden-
tification, gunshot residue analysis, neu-
tron activation analysis of hair and lield
recovery ot explosives taggants.
"I was impressed particularly with the
excellent advanced research being con-
ducted by many foreign nations," Brunelle
said. "These countries are using many ad-
vanced laboratory techniques which indi-
cates rapid technological advancement and
dedication to use crime labs for solving
crimes."
The United States delegation consisted
of ATF, FBI, Drug Enforcement Administra-
tion, Secret Service and Postal Service
representatives. The FBI's presentation
concerned sex determination from blood,
"Information learned from the sym-
posium will assist ATF's use of high per-
formance liquid chromatography for the
analysis of explosives, accellerants and
inks," Brunelle stated. ATf has acquired
Ihe complex chromatography equipment
recently.
Many acts of terrorism throughoul the
world involve explosives. So A TF and other
tederal agencies sponsored a symposium
to study the problem.
"The promise of research may soon
bring discoveries to aid law enforcement
officers throughout the world in identify-
ing and detecting explosives material," ^ TF
Director John G. Krogman told the 300 at-
tendees.
"Science and lechnology can aid in sol.
ving the most heinous ot crimes-
bombings-and can reduce the terrible toll
these criminal acts take each year through-
out the world."
Cosponsors, to find better ways to con-
trol and detect explosives, were the De-
partments of Energy, Justice and Trans-
portation. The symposium and workshop,
called "New Concepts," was held in Res-
ton, Va., Oct. 30,31, and Nov. 1, to solicit
new and imaginative approaches for the
detection and identification of illegally
used explosives.
Symposium Chairman A. Atley Peterson,
special assistant to the director for re-
search and development, said, "We sought
help from scientists and engineers who
had not yet put their minds to the question
of how to detect bulk explosives, Few had
thought of the problem and we wanted to
get others involved,"
Researchers were encouraged to submit
papers and displays in advance. More than
1,1)0 papers were submitted by scientists
-tnd engineers from the United States and
six foreign countries. The interchange at
the sessions produced additional papers
and ideas. These may provide design im-
provements or a new capability to detect
explosives before detonation, Peterson
said.
Elements of current research discussed
included vapor detection methods such as
natural vapor characterization, vapor tag-
ging of explosives, detection instrumenta-
tion, and use 01 animals as detectors;
non-vapor detection methods such as
nonionizing and ionizing techniques,
deactivation 01 blasting caps, and other
nonvapor taggants; identification methods
including taggants and debris analysis; and
taggant incorporation methods like mi-
croencapsulation, vapor absorption and
coating/alloying.
Gonzalez Named Treasury Liaison
Agenda Item No, 9C
October 10, 2006
Page 42 of 52
Special Agent Manuel Gonzalez, 39, has
been appointed special assistant to the
~reasury Department's deputy assistant
~ecretary for enforcement and will serve as
liaison between Treasury and ATF, He re-
places Nicholas Gaglio who retired,
"I am of course happy to have been
selected for the position," Gonzalez said,
"It holds the promise of interesting and
varied work in the months to come."
"Beyond that, I believe that the presence
ot an ATF liaison officer at Main Treasury
can do much to promote an atmosphere of
mutual operational understanding between
A TF and the Office of the Assistant Secre-
tary for Enforcement and Operations," he
added.
Since August 1977, Gonzalez has been
detailed to the President's Reorganization
Project in the Office ot Management and
Budget. There, he assisted in the develop-
ment of the border management study, a
part of the proposed federal law enforce-
ment reorganization plan.
Gonzalez, a Oxnard, Calif,. native,
joined ATF in 1967 as an agent in San Fran-
cisco, after serving as a revenue officer
with the Internal Revenue Service for two
years. In 1968, he was Iransferred to
Fresno, Calff., where he served until as-
~
signed to Sacramento in 1970, He was
named resident agent in charge there in
1973,
While serving in Sacramento, Gonzalez
conducted several sensitive firearms and
explosives investigations which drew for-
mal commendations from federal and state
authorities.
In 1975, he was named a regional analyst
in San Francisco, moving to Headquarters
as an operations officer in the Investiga-
tions Division's Explosives Branch in 1977.
He served as HQ Criminal Entorcement's
explosives tagging program coordinator
until assigned to the President's Reorgani-
zation Project.
Gonzalez received a bachelor'S degree In
history from California State University at
Fullerton in 1964, He served in the U.S.
Marine Corps Reserve from 19S7 to 1964.
He is a member of the Fraternal Order of
Police, International Assoc. of Bomb Tech-
nicians and Investigators and Federal
Criminal Investigators Assoc.
Gonzalez and his wife, Kathy, live in
Springfield, Va., with their children,
Heather, 9, and Amber, 5.
Off-duty, Gonzalez enjoys gardening,
weightliftlng and jogging.
Earle Selected Regulatory Training Chief
~..,~.
--,
~;~r~~~;\
~;h
William Earle
8
William T. Earle has been selected as the
new chief ot Regulatory Enforcement's
Training Branch, He replaces Don Keith
who was assigned to HQ Special Opera-
tions Branch in 19n.
"We will be trying to create a consistant
approach to training in Regulatory En-
torcement which we do not now have," he
said. "The regions are coming up with
some good programs, We need to distrib-
ute .them across the country so every re-
gion has the best possible training pro-
gram. For example, If several regions need
and design auditing training, we will
analyze all the programs and needs to de-
velop the best professional training and
present that in all the regions."
The Training Branch staff will be adding a
secretary and an analyst as the branch be-
gins to assess the training needs of Regu-
latory Enforcement. Then, they will assist
both Headquarters and field offices in fill-
ing training needs by providing courses,
instructors, instructor training, audio-
visual aides and fundlnR.
Manuel Gonulez
"The inspectors in the field will become
much more aware that we have a training
program and a national Training Branch
that is interested in and is monitoring their
development," Earle predicted.
Earle joined ATF in 1971 in Newark, N.J.,
after working for the New Jersey Depart-
ment of labor for two years. He was
graduated from Rutgers University in 1967
and spent 18 months at Brooklyn law
School before going on active duty with
the National Guard for six months. He re-
ceived his master's degree In business
from Southern Illinois University in
October.
In his seven-year ATF career, he spent
three years as an inspector In Newark. He
was promoted and transferred to Philadel-
phia as analyst in 1974, He became area
supervisor in 1977 at Falls Church, Va. In
1978, he was promoted to specialis. in the
HQ Research and Regulations Branch, but
remained at Falls Church as acting area
supervisor to close that ottice.
The Paramus, N.", native lives in Falrtax,
Va., with his wife and two children.
-
.
()<.ON
mOL()
,o\.;-
ON 0
Z -C')
Iii ~ ..
rooro ....
-o_D... ..
I:: U ~.
a.> 0 ~ ~
0) ..e
~ .0
8 ....: :>-
~ ~ ---
~ t
S ~
'q ... -
.. I: ~
.... = ~
.. -.2
fr ~ = A
'C ~
~ ~ .~ ~
~ ~ ,~ ~
..
~ ~ ~
e 6 ~ -...!:
.1..# ..
... ~
~ ~ -
~
~ ~ ~... ---
Q ~
~ C)
..... ~ - -...:: .~
~
gJ ~ --.. ~ ~ (;",
~ .. .=
.... ,
....... ... -
~ - .= .....
t.j ... ..
~ ~ .0 ~ t
...: -
.:.::: ~ ~
'" .... ~
~ 't "'Q
~
.~ ~ =
~ ~ 0 ~
~ C) "" a
Cj ~ =
0 'i
~ ~ ~
..
t
.a-J E ~ ~
flt .t e ::
... ~
::: e
r
C)
~ I U
I ~ ..
I " ,~ ~
I '" ~
I
I --....... ~ ......
~ ....
'~ ...:: ---..s~
~
... --.......
:::-- ....
.~ "- ~
... \,;
Q --{
-- \,;
~ z:
~ e
~
Uc.oN
o L{)
0_
\J 0
~.~
.g].81l..
ell
0>0
OJ
<(
.'\.", ,
.''''= ".,t,
"f ,- 1/1
;~tu. Ac
~:~JJ~~~
.('.1'........,
~
f ~ lJ lJ~
Pi.. "S ~ · t '~~ '^:~~, ,....JI
f ~ · ' 1.. :,,~~ .:: ,.
;t: , r' 'Q-- .', ..
i . i 1 e,g f 11.,: I> I
t .'" ;-' ~&,', 1
eo. . g · g f ., :. ')'
~ . ;J ~ .J~
~
..' ~,
.:.~t~~,.. .,'
';-;'.j/f;! , . "
-'. '",\.:. -: ~' . . . ,..'
. '..'.." ":t' ,
! ~ 1,
Il
-
i1~ ~
,a~ i!j'
.. ~rog 1 ~I
"g:e ~I\)l'
a'i:i ~ ~
~ ~ )~~ ~ .'
~~B
~ I
...
=
-
..
.
..
I..'
.).
a
~
. ';.'1.
-- . '\;....
. ,. '. '~,;~,Uf:!!.
. .".,..
. ..' i'.~;i-';~.. '.,f.:~A:~';:
.. -,.-.
.;,.. l
filson_s
Page 1 of2
Agenda Item No. 9C
October 10,2006
Page 46 of 52
From: advisoryboards@colliergov,net
.t Sent: Monday, August 21, 2006 10:25 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted,
~~n~
Board of County Commissioners
3301 Ea8t Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3802
Fax: (239) 774-3602
,LtJ:1'~'~
~"~
,.... ' . ,.
~ ' ~
, ", t:/
'. .. . :;
~... -f..,~ ;'
August 21, 2006
Application for Advisory Committees I Boards
Name: William J. Dempsey Home Phone: 239-384-9255
Home Address: 1836 Harbor Ln.
City: Naples Zip Code: 34104
)
Fax Number: 239-261-0884 Business Phone: 239-261-9300
Email Address:wjdempsey@napleslaw.com
Place of Employment: Cheffy Passidomo Wilson & Johnson, LLP
How long have you lived in Collier County? 5-10 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: HistoricaVArchaeologica
Preservation Advisory
Category: (if applicable) Citizen At Large
~1
Do you currently hold public office? No
Do you now serve, or have you served on a Yes
Collier County board or committee?
8/2112006
e
.
.
8/21/2006
If yes, please list the boards I committees:
I am nearing the end of my second term on the
HistoricaVArchaeological Preservation Advisory Board,
and have reapplied for the position with a request that the
Board of County Commissioners waive the two-term limit
to allow me to sit for a third term.
Please list your community activities:
Past Chairman of the Real Estate Section of the Collier
County Bar Association.
Education:
I have separately e-mailed you my resume.
Experience I Background:
I have separately e-mailed you my resume.
Page 2 of2
Agenda Item No. 9C
October 10, 2006
Page 47 of 52
Agenda Item No, 9C
October 10, 2006
Page 48 of 52
.a
WIWAM JACK DEMPSEY
1836 HARBoR LANE
NAPlES, FLORIDA 34104
wjdempsey@napleslaw.com
(239) 384-9255
EDUCATION:
Stetson University College of Law. J.D., Cum Laude, May 1998.
- Notes and Comments Editor- Stetson Law Review, October 1996 to May 1998.
- National Dean's Ust May 1998.
- Elizabeth M. Leeman Award, May 1998.
University of South Florida. B.A., Cum Laude, English and American Uterature, December 1993.
University of Perugia. Perugia, Italy. Overseas Study Program, Summer 1993 and 1995.
PUBUCATION:
)
Lawver v. Deoartment of Justice: Florida's Dance with the Districting Demon. 27 STETSON LAW REVIEW
(Fall 1998).
PROFESSIONAL EXPERIENCE:
Cheffy Passiclamo Wilson &. Johnson, LLP - September 2000 to present.
Real estate and transactional attorney specializing in single-family residential and condominium
development; lender representation in commercial, acquisition/development, and construction
loans; and zoninglland use.
Registered lobbyist in the City of Naples.
- Authorized agent/signatory for Attomey's Title Insurance Fund, Inc., Old Republic National Title
Insurance Company, Chicago Title Insurance Company, and American Pioneer Title Insurance
Company.
Treiser, Collins &. Vernon, Chartered - September 1999 to September 2000.
- Real estate and transactional attorney.
Fifth District Court of Appeal, Honorable James C. Dauksch - September 1998 to September 1999.
- Judicial Clerk with heavy emphasis on research, writing, and computer skills.
Rahdert, Anderson, McGowan & Steele - Law clerk and editor, April 1997 to June 1998
- Very involved in historicaVarchaeological preservation, including acquiring local and national
historical status for the Kress Building, Rutland Building, Alexander Hotel, and Saint Petersburg
Coliseum.
- Edited George Rahdert's Manual of Appeals for the Fifth Circuit and Manual of Appeals for the
E3eventh Circuit.
U.s. District Court for the Middle District of Florida - July 1997 to January 1998.
- Judicial intern for Chief Judge Elizabeth Kovachevich through Stetson's liaison program.
PERSONAL
1 - Born November 1967 in Livorno, Italy. Florida resident since 19n.
- Two-term Member of the Collier County Historical and Archaeological Preservation Advisory Board,
Florida Bar, and Collier County Bar Association. Past chairman of the Real Estate Section of the
Collier County Bar Association.
--
e
e
filson_s
Page 10f2
Agenda Item No. 9C
October 10, 2006
Page 49 of 52
From: advisoryboards@colliergov.net
Sent: Thursday, August 17, 2006 10:32 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
.,,-. ...t~.~\.,. ..-:;
", "I,'
'. ~ ~ . :i
,'.' i'..,~ ;'
Fax Number: 239-262-7289 Business Phone: 239-784-5498
Have you ever been convicted of any offense against the law? No
Board I Committee Applied for: Historic/Archaeological Presevation
Board
August 17,2006
Application for Advisory Committees I Boards
Name: CharlesL.Martin jr Home Phone: 239-262-7287
Home Address: 2222 gulfshore blvd north
City: naples Zip Code: 34102
Email Address:realtyglobal@aol.com
Place of Employment: semi retired
How long have you lived in Collier County? 3-4 years
Are you a registered voter in Collier County? Yes
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve, or have you served on a Yes
Collier County board or committee?
8/18/2006
-
~
---
8/18/2006
If yes, please list the boards I committees:
No information provided.
Please list your community activities:
Board of directors MSI metro louisville realtors
association, 13 years member fatemal order police sheriffs
dept,community development program"urban renewal
agency staff planning public meetings ,campaign manager
first black man to run for congress civil rights era,civic
associations,renovated 7 major inner city historic
neighborhoods using federal block grant funds,FEMA
inspector on call,
Education:
flonda licensed real estate broker and certified general
contractor 30 years experience...Urban renewal and
community development city and federal
employee,certified FEMA inspector, board certified mold
remediation ,home inspector,historic renovation
contractor, registered home builder, major subdivision
developer,landmarks commission, neighborhood
conservation program,
Experience I Background:
HISTORIC Owned/developed U.S. designated National
Landmark Indiana Cotton Mills 80,000 square feet bulit
1849 largest manufacturing facility in world made civil war
uniforms once Indiana largest employer property sat
empty abandoned 50 years about to structurally collapse I
purchased for $20,000 from Historical Society,repaired
SA VEO took off 10 most endangered national landmarks
list..now with 10 million in state funds is affordable elder
housing..ARCHAEOLOGICAL owned/purchase 28 acre
cannelton locks boat ramp recreational facility built/owned
by corp of engineers campground also found to be a
significant Indian burial ground mound. . however is still
undisturbed rest in peace..also I worked in the
neighborhood conservation program and landmarks
commission..owned renovated historic 3 story building
built 1880 in historic presevation district..and historic home
on ohio river...community development cabinet employee.
Page 2 of2
Agenda Ite"fn No. 9'C
October 10, 2006
Page 50 of 52
filson_s
Page 1 of2
Agenda Item No. 9C
October 10, 2006
Page 51 of 52
From: advisoryboardS@colliergov.net
Sent: Friday, August 25,2006 4:26 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~n~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
~~t~~\.I,
.,.... ~ - ")
. ". .,:7
. , , :i
.~ '. - .f ~.. J ;'
August 25, 2006
Application for Advisory Committees I Boards
Name: Patricia A. Huff Home Phone: 239-695-2397
Home Address: 207 N. Storter Avenue, P.O. Box 617
City: Everglades City Zip Code: 34139
Fax Number: 239-695-0744 Business Phone: 239-695-2397
Email Address:snookcity@hotmail.com
Place of Employment: Everglades City
How long have you lived in Collier County? 10-15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Historical and Archaeological
Preservation Board
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve, or have you served on a Yes
Collier County board or committee?
8/25/2006
8/25/2006
If yes, please list the boards I committees:
Historical and Archaeological Preservation Board
Please list your community activities:
Everglades Society for Historical Preservation (President,
2005-present) Friends of the Museum of the Everglades
(Pres. 2003-04; Vice-Pres.2005-present) Florida National
Parks & Monument Association Friends of Fakahatchee
Strand State Preserve {Vice-Pres. 2002-03; Pres. 2003-
04; Treasurer 2005-present) Everglades City School
Advisory Council, Chairperson 2001-03; Vice-Chair 2004-
present) Reach-Out Everglades
Education:
Masters in Business Administration, Owen Graduate
School of Management, Vanderbilt University, Nashville,
Tennessee 1985
Experience I Background:
Editor and Publisher, Snook Publications ''Whafs
Happening Around Town" 2001-present First Vice-
President, Investments, Raymond James & Associates
1985-2001 Administrative Assistant, Dept of Medicine,
Vanderbilt University 1974-84 Asst to the Chairman,
Program Organizing Committee, IV International Congress
of Endocrinology, Heidelberg, Germany 1971-72
Administrative Asst, Dept of Medicine, Vanderbilt
University 1965-70
Page 2 of2
Agenda Item No, 9C
October 10, 2006
Page 52 of 52
Agenda Item NO.1 OA
October 10, 2006
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation to consider a recommendation from the Habitat
Conservation Plan Advisory Committee to implement a Red-cockaded
Woodpecker Compliance Plan
OBJECTIVE: To have the Collier County Board of County Commissioners (BCe) consider
the recommendations of the Habitat Conservation Plan Advisory Committee (Committee)
regarding a Red-cockaded Woodpecker Compliance Plan
CONSIDERATION: The BCC adopted Resolution 2005-174 establishing the Habitat
Conservation Plan Ad-hoc Advisory Committee with the primary purpose to assess the
feasibility of a Habitat Conservation Plan to address red-cockaded woodpeckers (RCWs).
Subsequent to this resolution, the BCC adopted Resolution 2006-41 to add additional members
to the Committee and to broaden the scope of an HCP to be a multi-species plan that, depending
on geographical scope, would need to address more listed species than just RCW s, Resolution
2006-41 identifies the following functions and duties for the Committee:
A. To serve as aforumfor community review and discussion regarding Habitat Conservation Plans,
B, To evaluate the feasibility of using Habitat Conservation Plans to protect endangered species in
Collier County, excluding the Rural Lands Stewardship Area, and in particular to explore the
ramifications of multi-species HCPs, including the following elements:
1. Issues of geographical scope and coverage of HCPs;
2, The species associated with the geographical scope;
3. Types of impacting activities, including County infrastructure needs;
4. Financial impacts o.fmulti-species HCPs;
5. Community support of HCPs; and
6. Alternatives to HCPs if HCPs are not deemed feasible.
C. To provide a recommendation to the Board o.fCounty Commissioners regarding the development and
implementation of Habitat Conservation Plans,
In responding to the Committee functions and duties, the Committee has proposed an RCW
Compliance Plan to be implemented prior to an HCP since it will take several years to formalize
an HCP. This Plan would also serve as an alternative to an HCP if an HCP is not deemed
feasible. The attached Plan together with the Committee's transmittal memo to the BCC outlines
the recommendations and rationale for this alternative measure to be implemented as the
Committee further deliberates the feasibility of an HCP.
The proposed plan has three components: ]) proposed requirements for permits issued by Collier
County, 2) monitoring of foraging habitat, and 3) outreach educational activities. A major
implementation activity of this Plan will be amending the Land Development Code (LDC) to
incorporate the development standards for permit issuance into the County's plan and permitting
,- review process. Upon BCC direction, this would be accomplished in the 2007 LDC amendment
cycle.
Agenda Item No. 10A
October 1 O. 2006
Page 2 of 17
The Committee's transmittal memo indicates that Committee member Maureen Bonness will be
the spokesperson for the Committee. Staff will briefly provide the BCC with background to this
item and then have the Committee spokesperson provide the Committee's rationale. Although
the memo stated that a United States Fish and Wildlife (USFWS) staff will be in attendance, staff
has yet to confirm USFWS's attendance.
FISCAL IMPACT: The Plan estimates approximately $16,000 in contractor costs and close to
100 hours in staff time for start-up (excluding time for amending the LDC) and then 40 hours of
staff time annually to maintain the Plan. Current staff are proposed to implement the Plan. The
$16,000 in contractor costs is not explicitly budgeted for FY07, however, the FY07 budget
proposes $75,000 for consulting services to develop an HCP if directed by the BCC.
GROWTH MANAGEMENT IMPACT: This effort assists in implementing various policies
of Goal 7 of the Conservation and Coastal Management Element that addresses the protection
and conservation of wildlife. Implementing this Plan also addresses the requirement of the North
Belle Meade Overlay in the Future Land Use Element to provide for an RCW protection
program.
LEGAL CONSIDERATIONS: The County Attorney's Office has had an Assistant County
Attorney attend the Committee's meetings who has given input to the Committee as it has
developed its recommendations.
RECOMMENDATION: That the Board of County Commissioners consider the attached
Habitat Conservation Plan Advisory Committee recommendations and provide direction to the
County Manager or his designee for subsequent actions.
PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director
2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 10A
October 10, 2006
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
This Item to be heard al1100 a m This Item continued from the September 26.2006 8CC
Meeting. RecommendatIOn to consider a recommendation from the Habitat Conservation
Plan Advisory Committee to implement a Red-Cockaded Woodpecker Compliance Plan (8ill
Lorenz, Director. Environmental Services)
10/10/2006900:00 AM
Date
Prep. red By
William D. Lorenz. Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Environmental Services
9/7/20065:40:51 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/13/20068:56 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
9/13/2006 9: 56 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/14/20068:29 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
9/15/200610:21 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9115/200612:21 PM
Agenda Item No. 10A
October 10, 2006
Page 4 of 17
To: Board of Collier County Commissioners (BCC)
From: Habitat Conservation Plan Advisory Committee
Date: September 5, 2006
Re: Red Cockaded Woodpecker (RCW) Compliance Plan Proposal
This memorandum summarizes the work of the Habitat Conservation Plan Advisory
Committee (HCP AC) since the Collier County Commission meeting of January 24, 2006.
Our Committee has met six times since January of 2006. The HCP AC has added four
new members and elected a new Chairman (Jennifer Hecker) and Vice-Chairman
(Christian Spilker).
Following recommendations from the U.S. Fish and Wildlife Service and with approval
by the County Commissioners, the scope of the feasibility study was expanded to
consider a multi-species Habitat Conservation Plan. If such a plan is developed and
implemented for areas of Collier County, it will take several years.
In recognition of the immediate need for guidelines to prevent loss of the current
population of RCWs in Collier County, the HCP AC has developed the attached RCW
Compliance Plan. The goal of this plan is to provide guidelines for Collier County and its
citizens so that land uses comply with existing federal statutes concerning the endangered
red-cockaded woodpecker, while also ensuring that homestead property rights of each
parcel are maintained.
The U.S. Fish and Wildlife Service published detailed guidelines for private property
owners that specify the minimum quantity and quality of habitat required for each RCW
group. Our RCW Compliance Plan adopts those guidelines with one important caveat:
when County Staff review development for adequate RCW habitat, the minimum clearing
allowance for remaining undeveloped lots will be included in the consideration.
The RCW Compliance Plan has been prepared with the assistance of the Collier County
Environmental Services Department. It has been reviewed by the Collier County
Attorney's office. The u.S. Fish and Wildlife Service has attended our meetings and will
be present at the Collier County Commission meeting to answer questions.
Thank you for taking the time to review the attached RCW Compliance Plan. It is our
goal to have the BCC approve the recommendations on page 8 so the RCW Compliance
Plan can be finalized and implemented. Members of the HCP AC will be attending the
meeting and Maureen Bonness will be the spokesperson for our Committee.
Recommendations for a
Collier County RCW Compliance Plan
Prepared by the
Habitat Conservation Plan Advisory Committee
August 2006
October 10, 2006
FlS' ~41Ef.6J f 1 7
RCW Compliance Plan
Introduction and Purpose
Red-cockaded woodpeckers (RCW) are listed as "Endangered" by the US Fish and Wildlife Service
(FWS) and a "Species of Special Concern" by the Florida Fish and Wildlife Conservation
Commission (FFWCC). They require mature open pine forests for foraging. Populations of RCWs
near the Collier County urban area have declined due to loss of habitat. The remaining known
active clusters are in either Rural Fringe Sending areas, mitigation areas, or public lands. The
Habitat Conservation Plan Committee is considering whether to recommend a regional Habitat
Conservation Plan that would ensure protection of RCWs and or other listed species. This process
will probably take several years.
The RCW Compliance Plan (Plan) provides guidelines to ensure activities permitted by Collier
County do not trigger a "take" under the definition in the Endangered Species Act. Maintenance of
adequate foraging habitat for active, known RCW clusters should also benefit other listed forest
dependent species in the area, but may not provide adequate compensation for these other species.
The guidelines provided below and in Appendix A, are adapted, in part, from The Recovery Plan
for the Red-cockaded Woodpecker (Picoides borealis): Second Revision (FWS. 2003).
http://rcwrecoverv.fws.g:ov/finalrecoveryplan.pdf. The recovery plan goal is to maintain existing
clusters on private lands. The goal for state and federal lands is to increase the number of RCW
clusters.
RCWs are dependent on cavities they create in living pines for protection and an adequate number
of acres of open pine forest close to the cavities for foraging. Each RCW group (usually a
breeding pair plus one to several other RCWs) maintains a "cluster" of cavities that are in close
proximity to each other. Proposed activities on properties within 1,4 mile of an active cluster will be
reviewed to determine if they conform to the guidelines to preserve cavity trees and not interfere
with nesting. RCWs typically forage on pine trees within forests that have an open mid-story within
12 mile of the cavity cluster. Land use permit applications on properties within 1Iz mile of active
clusters will be reviewed to determine if the requested clearing will adversely impact the minimum
guidelines for pine forest habitat for that RCW group.
Recommended actions of this Plan include:
. Developing a permitting process and land restrictions for permit applications that would H*ely
avoid resulting in a "take" ofRCWs,
. Creating a monitoring program to identify and evaluate changes in RCW habitats in Collier
County, and
. Creating an Outreach strategy to inform land owners who have RCW habitat on their property
about their responsibilities for habitat protection and opportunities for management and
restoration projects.
The Plan also provides for an Implementation Strategy to implement the recommendations and a
preliminary assessment of the fiscal impacts of its recommended activities. Implementation will be
phased to maximize protection and allow for development of educational and monitoring
components. The Plan will cover all of Collier County except the Rural Lands Stewardship Area
and the North Belle Meade Receiving Area.
Page 2 of 13
RCW Compliance Plan
The Plan has been reviewed by the Habitat Conservation Committee and received its endorsement
by a unanimous vote to bring it to the County Commission.
Definitions
. Active cluster - A cluster containing one or more active cavities
. Abandoned cluster - A cluster that has not shown any evidence of activity by red-cockaded
woodpeckers for three years or more.
. Cavity - A completed excavation or start exhibiting fresh pine resin associated with cavity
maintenance, cavity construction, or resin well excavation by red-cockaded woodpeckers.
. Cavity tree - Tree with one or more cavities.
. Cluster - The aggregation of active and inactive cavity trees currently used by a group of
RCWs and a 200 ft wide buffer of forest.
. Foraging habitat - consists of mature pines with an open canopy, low densities of small
pines, little or no hardwood or pine midstory, few or no overstory hardwoods, and abundant
native bunchgrass and forb groundcovers
. Incidental take - any taking otherwise prohibited by the Edangered Species Act if such
taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful
activity.
. Pine basal area - The area of a horizontal cross section of a pine tree's stem, generally
measured at breast height.
. RCW group - The social unit in red-cockaded woodpeckers, consisting of a breeding pair
with one or more helpers, a breeding pair without helpers, or a solitary male.
. Take - to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct.
Proposed Requirements for Permit Issued by Collier County
Collier County has received various permit requests for activities located in RCW habitat. The
following is a set of proposed actions to ensure that the County's permitting activities conform to
the requirements of the Endangered Species Act. The RCW Recovery Plan groups activity
restrictions to those affecting the cavity trees and those affecting foraging habitat.
Page 3 of 13
RCW Compliance Plan
October 10, 2006
Ra'~M~f 17
The Plan will use GIS to identify parcels within 1,4 mile of the center of the cluster to evaluate
activities that may impact cavity trees. Then parcels within Ih mile of each cluster will be identified
so that activities affecting foraging habitat may be reviewed.
1. Locate known active clusters.
The Environmental Services Department (ESD) will maintain a map of active clusters. Staff has
already started this effort (Figure 1). The ESD will refine this information as additional RCW
locations are identified and then identify land parcels within 1,4 mile radius of the center of each
active cluster. Staff will "red- flag" county records of these parcels so that permit applications can
be processed promptly that conform to the restrictions noted in 2 below. Permit applications that
may result in a take if issued will be forwarded to FWS for technical review. Permits may be issued
when FWS indicates the activity does not constitute a take or issues an incidental take permit for the
proposed activity.
An assessment will also be made to determine the status of known clusters. This assessment will be
based on data received by the County through a variety of sources but will not require the County to
perform site surveys. Declaring clusters inactive or abandoned requires the expertise of an
individual with ample knowledge of RCW life history, ecology and cavity monitoring experience.
An abandoned cluster is one that has not shown any evidence of RCW activity for 3 years or more.
2. Restricted Activities near Active Clusters.
Cavity trees and especially cavity trees with nests are vital to RCW s. The following activities are
likely to cause harm or harass under the definition of take in the Endangered Species Act. County
staff will provide a review of permit applications that are within 1,4-mile of an active cluster to
evaluate activities expected to harm or harass RCWs. (In the North Belle Meade Area this will
affect approximately 61 parcels). The County will issue the permit only if the project conforms to
the restrictions below, the applicant obtains acknowledgement from the FWS that the proposed
activity does not constitute a take, or the FWS issues an incidental take for the activity. The review
and issuance of a County permit will conform to the following guidelines on restricted activities:
a. Removing any RCW cavity tree, through cutting, bulldozing, or any other activity from within
an active cluster. Damaging an active cavity tree which results in the death of that tree.
Damage includes, but is not limited to, injury to the bole or root system (generally due to heavy
equipment use), exposure to herbicides, and fire scorch to the crown due to inadequate
protective measures during prescribed burning. (Pines are best protected from damage by
intense fires through frequent low-intensity prescribed burns.)
b. Planting of shrubs and or ornamental plants that will exceed 7 feet in height within 50 feet of an
active cluster. If cavities are 10 feet or less in height, planting any shrubs within 50 feet of
cavity trees may adversely affect red-cockaded woodpeckers. Landscaping within clusters
should be accomplished with hand tools or lightweight power equipment rather than tractor-
mounted equipment and be composed of native pine flatwood species. Riding lawn mowers are
allowed.
c. Commercial vehicles, or construction materials cannot be stored within 200 feet of cavity trees.
Page 4 of 13
RCW Compliance Plan
Itom !'>.II"I 1 nA
October 10, 2006
R9'~4JGfuf 17
d. Constructing roads and above ground utility rights-of-way within 200 feet of a cavity tree or
between cavity trees within a cluster. Use of existing roads, without an increase in level of use,
improved or unimproved, generally does not adversely affect red-cockaded woodpeckers and
therefore is allowed. Locations of the clusters will be shared with Public Works and franchised
utilities.
e. Constructing facilities including, but not limited to, buildings, campgrounds, recreational
developments, residential dwellings, and industrial or business complexes within 200 feet of a
cavity tree or between cavity trees within a cluster. Replacement of existing structures with the
same footprint out of nesting season is acceptable.
3. Restricted Activities on Gearin!! of RCW Fora!!e Habitat
The Endangered Species Act restrictions on removal of habitat do not trigger enforcement actions
until the reduction of habitat equates to a "take". Each RCW group requires foraging habitat that
contains a minimum of 3000 square feet pine basal area, as specified in Appendix A. The North
Belle Meade Overlay Recovery Plan for the Red-cockaded Woodpecker (2003, Southern Biomes,
Inc.) mapped out cavity and foraging habitat. This effort can be utilized to define existing pine
forested habitat available to RCW groups. To determine the minimal habitat necessary to support
each group the mapped habitat within 1h mile of a cluster's center will be identified. The total
foraging habitat identified will be reduced by the maximum allowable clearing standards for the
remaining undeveloped lots. This will approximate the amount of foraging habitat available to the
RCW group. Permit applications for parcels within 1h mile of the cluster will be reviewed for their
effect on foraging habitat. (This review may include 152 undeveloped parcels in North Belle
Meade.) Permitting of vegetation removal will be restricted if the foraging habitat for a RCW
cluster is reduced to its legal minimum. Permits for clearing that result in the reduction of foraging
habitat less than the minimum 3000 square foot pine basal area will not be issued without
acknowledgment from FWS that the activity does not constitute a take or with an incidental take
permit from FWS.
Permit applications within 1h mile of active clusters will be reviewed for impacts to RCW habitat:
a. Identify parcels within 1h mile radius of active clusters that contain suitable foraging habitat.
b. Provide notification to FWS when a property owner of foraging habitat submits an agricultural
clearing notification and provide RCW educational materials to the property owner.
c. When a property owner of foraging habitat applies for a permit that includes vegetation clearing,
the county will assess if the clearing will result in foraging habitat going below minimum
requirements. If habitat will decrease below the minimum, then the county will issue the permit
only if the FWS indicates the activity does not constitute a take or issues an incidental take
permit for the proposed activity. When assessing the minimum remaining foraging habitat all
factors affecting the undeveloped foraging habitat will be considered including TDR status of
parcels and the minimal clearing for each remaining undeveloped parcel.
Page 5 of 13
RCW Compliance Plan
^ ~,:;.~"'~ It,:;.m N.. 1 nA
October 10, 2006
Pag'e41()fuf 17
4. Property Owner Notification.
County staff will notify property owners with foraging habitat within Y2 mile of an active cluster(s)
of the proximity 0 f their property to the cluster( s) and the importance of protecting the pine forests
necessary for foraging. A public meeting will be arranged and a web site developed to provide
information on state and federal habitat management programs that can reduce costs of habitat
management. Information will be included in the notification detailing understory maintenance that
will prevent harmful wildfires, benefit RCW s, and other listed species. Information will also be
included on TDR incentives in Sending areas:
* Each undeveloped parcel or 5 acres is eligible for 1 TDR;
* Prior to October 2008 one Early Entry Bonus per TDR
* One bonus TDR for implementing a Restoration & Maintenance Program
* One bonus TDR for conveying property to a governmental agency.
Monitoring of Foraging Habitat
The FWS Recovery Plan (FWS, 2003) recognizes that it may not be reasonable to expect private
landowners to manage their habitat to achieve the same quality as a public land manager. However,
for those private land managers that wish to increase the size of their populations the Recovery
Standard is strongly encouraged. Where private lands are managed for a stable population the
Standard for Managed Stability (Appendix A.) may be adequate. Additionally, some pine forests in
south Florida are considerably more "open" and contain smaller trees than RCW pine habitats in
other areas of their range. These conditions have resulted from past land use management or natural
site conditions. The FWS has developed the South Central Florida Recovery Unit Foraging
Guidelines (Guidelines) to assess RCW habitat where these open conditions exist. The Guidelines
are considered interim and are included in Appendix B. Where the RCW habitat meets the
"Recovery Standard" the habitat quality should not be reduced below those values.
Mapping Habitat within 1;2 mile
In Conservation Lands the habitat can be managed to support wildlife. Outside of the Conservation
Lands the habitat is not managed to benefit wildlife and the habitat quality or quantity may be
impacted by development. The RCW Recovery Plan lists the minimum foraging habitat standard as
3,000 square feet pine basal area. By mapping habitat within Y2 mile of the center of the cluster, it is
possible to identify approximately when clearing will reach a critical point. Within 6 months of
BCC direction, the Environmental Services Department will create a map illustrating suitable
foraging habitat. Considering habitat quality available the Environmental Services Department will
use the guidelines for satisfying the Standard for Managed Stability, to identify foraging habitat.
(See Appendix A.). If the habitat quality doesn't meet the Standard for Managed Stability then it
will be compared to the standards in Appendix B.
Page 6 of 13
RCW Compliance Plan
Itpm NI"\ 1 nA
October 10, 2006
Pag'tM1060f 17
Further refinement of the North Belle Meade RCW habitat map will be required. Ground plots will
be analyzed within known clusters and foraging habitat for basal area and other components of
RCW habitat will be identified. The foraging habitat will be estimated using the basal area of the
ground plots extrapolated to the mapped pine stands within 1iz mile of the cluster. The total foraging
habitat identified will be reduced by the maximum allowable clearing standards for the remaining
undeveloped lots to determine if there will be sufficient foraging habitat after buildout to satisfy the
recommended minimum pine basal area of 3000 sq. ft. This will not be done for clusters in
Conservation Lands, where the habitat can be managed for the RCW s benefit.
Annually, ESD will re-evaluate the distribution of remaining suitable habitat (with the aid of new
aerial photos and permit information). Annual re-evaluation will include changes to habitat due to
natural events (storms, wildfire, exotic invasion, etc.), and agriculture development, as well as
permitted and un-permitted clearing.
Outreach Educational Initiatives
There are many opportunities for the County to inform land owners who have RCW habitat on their
property about their responsibilities for habitat protection and opportunities for management and
restoration projects. Accordingly, it is recommended that the County implement the following
initiatives:
1. Within 3 months of BCC direction, develop incentives for management and improvement of
foraging habitat.
. Florida Statewide Red-Cockaded Woodpecker Safe Harbor Agreement (Draft 9/2005)
will allow property owners with RCW foraging habitat to set a baseline for their RCW
existing conditions if they agree to provide a net conservation benefit to RCW s on their
land. Florida Fish and Wildlife Conservation Commission will implement the program
and inspections are at the discretion of the agency.
. The Rural Fringe TDR program was developed to provide an incentive to protect
existing wildlife habitat. In Sending Areas, the program provides one TDR for the
conservation of 5 acres (or existing smaller parcel) of an undeveloped property. Prior to
October 2008, an additional bonus TDR is included. An incentive of one bonus TDR is
provided for restoring and managing each 5 acres of habitat for listed species such as the
RCW. There is an additional bonus TDR for conveying the property to a governmental
agency.
. Provide property owners with information about programs they can use for assistance in
managing their property for listed species. The FFWCC land owner incentive program
provides assistance to establish a management plan and pay a portion of the management
costs in return for a commitment to continue the management practices for a period of
time; details vary from project to project. The Federal programs will share costs of
management, and if a local partner can be found there may be opportunities for greater
benefits. Kathy O'Reilly-Doyle, FWS, offered to participate in a public information
meeting.
Page 7 of 13
RCW Compliance Plan
October 10, 2006
Pag'M1qfuf 17
2. Within 6 months of BCC adoption, develop an outreach program to educate property owners on
RCW needs and advantages of good habitat management.
Fiscal Impacts
Staff estimates the fiscal impacts of these proposals to be $16,000 in contractual services and
approximately 136 hours of staff time. There should be no additional cost to private property
owners above the costs that they should already be incurring to meet the requirements of the
Endangered Species Act. No additional permits or fees are envisioned; staff will simply apply the
permitting guidelines to existing permit applications. A cost breakdown of the activities is as
follows:
Program
Start-up Recurring
Program Element Cost Cost
Mapping Clusters 8 hrs 8 hrs
Permit Issuance 8 hrs 8 hrs
Property Owner
Notification 40 hrs 16 hrs
$16,000
Permitting
Forage Habitat Monitoring
(This is not recurring)
Outreach Educational
Activities
40 hrs
Total Consulting Costs $16,000
Start-up costs include habitat assessment that will not be repeated annually.
8 hrs
Implementation Strategy
In order to accomplish the recommendations of this Plan, the following steps are recommended:
1. Brief the County Commission on this Plan and seek the Commission's approval of the
recommendations contained within this Plan.
2. Upon approval by the County Commission, formally solicit the FWS's approval of the proposed
permit requirements identified above. The approval should take the form of either a letter of
technical assistance or a formal operating agreement between FWS and the County.
3. Determine elements of this Plan that will require amendments to the Land Development Code
(LDC). Upon approval by the County Commission, begin drafting LDC amendments for the
2007 LDC cycle.
Page 8 of 13
RCW Compliance Plan
October 10, 2006
Pag'e41C16of 17
Figure 1. Current Mapping effort.
North Belle Meade RCW Groups and RCW Habitat Within 0.5 Miles
Data Source: Aerials. Col~8r County Property~praiser
Created By GIS CDES/Environmental S8IVicas
ci~:~e~~~~~~~~'p~Xd
Date:8.Q8J())
I
o
0.2
I
0.4
I
0.8 Miles
I
;.....,,~... ~
ciitib. COUtlty
~
Page 9 of 13
October 10, 2006
Pag'tM1@60f 17
RCW Compliance Plan
Appendix A.
The Standard for Mana2ed Stability
(Taken in part from: Appendix 5: Private Lands Guidelines, FWS. 2003)
1. Provide each group of red-cockaded woodpeckers a minimum of 689 m2 (3000 ft2) of
pine basal area, including only pines> 25.4 cm (lOin) dbh.
2. Provide the above pine basal area on a minimum of 30.4 ha (75 ac).
3. Count only those pine stands in suitable habitat that, for this standard only, has each of
the following characteristics:
a. Stands that are at least 30 years old and older.
b. An average pine basal area of pines > 25.4 cm (10 in) between 9.2 and 16.1 m2/ha (40
and 70 ft2/ac).
c. An average pine basal area ofpines < 25.4 cm (10 in) less than 4.6 m2/ha (20 ft2/ac).
d. No non-pine midstory or if a non-pine midstory is present, it is sparse and less than 2.1
m (7 ft) in height.
e. Total stand basal area, including all trees, less than 23.0 m2/ha (80 ft2/ac).
f. We recommend that all land counted as foraging habitat be within 0.4 km (0.25 mi) of
the cluster, and that any stand counted as foraging habitat be within 61 m (200 ft) of
another foraging stand or the cluster itself.
g. Frequent prescribed burning of foraging habitat, especially during the growing season, is
strongly recommended. Development and protection of herbaceous groundcovers
facilitates prescribed burning and benefits red-cockaded woodpeckers.
The standard for managed stability can benefit red-cockaded woodpeckers on ownerships not
legally required to recover the species, because it encourages cooperation between landowners and
the U.s. Fish and Wildlife Service.
Appendix B.
Synopsis:
South / Central Florida Recovery Unit Foraging Guidelines for Satisfying the Standard for
Managed Stability (FWS, 2006)
Background
Many forested habitats and stands on properties harboring red-cockaded woodpeckers (RCW s) in
the South/Central Florida Recovery Unit (SCFRU) are considerably more "open" than most other
RCW habitats across the species range. In the SCFRU these habitats occur in both the long leaf pine
and South Florida slash pine ecosystems. The open character of the stands and forests is a function
of past land use management, natural site conditions (e.g., "prairies"), or a combination of both.
Page 10 of 13
RCW Compliance Plan
October 10, 2006
Pag'~1660f 17
One result of these low basal area (BA) habitats, which are also typically associated with smaller (in
both height and diameter than most other RCW foraging/cavity trees within the species range)
mature trees, is that RCW territories and home ranges can be quite large in the SCFRU; e.g., 345
acres (Nesbitt et al. 1983),370 acres (DeLotelle et aI., 1983),375 acres (DeLotelle et al. 1987), and
285 acres (DeLotelle and Epting 2000). It is important to note that territory size is also a function of
population density.
Given the larger than average territories and the smaller than average trees in some areas of the
SCFRU, the Standard for Managed Stability (SMS) foraging guidelines presented in the Red-
cockaded Woodpecker (Picoides borealis) Recovery Plan: Second Revision (Plan) (U.S. Fish and
Wildlife Service 2003) are not representative, and thus insufficient, for some stands and habitats in
the SCFRU. Therefore, the U.S. Fish and Wildlife Service (Service), in coordination with SCFRU
members (via 3 annual meetings; 2003, 2004, 2006) has developed SCRFU-specific SMS foraging
guidelines (Guidelines). The Guidelines were primarily developed relying on the extensive
research, management, and associated publications of Roy DeLotelle who has studied RCW s in the
SCFRU for over 25 years.
Note: The following caveats apply to these Guidelines:
(1) The Service considers these Guidelines to be interim guidance that: (a) may be modified as new
data becomes available, and (b) will not be applicable for habitat and stands, currently under-
stocked as a result of past land use practices, once those stands achieve "normal" stocking
levels.
(2) The Guidelines DO NOT apply to habitat or stands already meeting the SMS guidelines in the
Plan (Appendix 5). That is, stands already meeting the SMS Plan standards regarding stem size
(i.e., lO"or larger dbh pines), stand stocking (i.e., 40 sq.ft. BAlacre or more), and age (i.e., 30 or
older) will not be reduced below these values.
(3) These Guidelines are to be implemented and used in the same manner as the MSS in the
Recovery Plan (see the U.S. Fish and Wildlife Service's May 4, 2005 letter for guidance - this
memo can be accessed via the Matrix link on our website (http://rcwrecovery.fws.gov). That is,
they are not a substitute for the recovery standard in the SCFRU, only the MSS; and only then
when applicable (see 1 and 2 above). Therefore, in state and federal recovery populations in the
SCFRU, where stand conditions are "open", management activities should be directed toward
achieving well-stocked stands, assuming natural conditions support that level of stocking.
(4) See additional "Notes" below.
Guidelines
1. Provide each group of RCWs a minimum of 3000 sq.ft. of pine basal area (BA).
a. At least 2000 sq.ft. must be in trees 9" dbh or larger.
b. The remaining 1000 sq.ft. can be in trees from 4"- 8" dbh.
c. Trees <4" dbh cannot be counted toward the 3000 sq.ft.
Page 11 of 13
RCW Compliance Plan
ItAm Nr\ 1 nA
October 10, 2006
Pag'$41Effuf 17
Note: When natural conditions allow, the desired future condition for foraging habitat stands is for
the 3000 sq.ft. to be composed of 10" dbh trees and larger. Habitat management and silvicultural
activities should be implemented to achieve this goal. Most sites will be capable of growing trees
this size, at least at moderate stand densities, e.g., 40-60 BAJacre.
2. Provide a minimum of 75 acres of foraging habitat.
a. At least 40 sq.ft. BAJper acre would be required to meet the 3000 sq.ft. minimum on 75
acres.
b. If stocking is lower than 40 sq.ft., sufficient foraging habitat acreage must be designated
to supply the 3000 sq.ft. For example, if average stocking in the foraging habitat is only 20
sq.ft.lacre, 150 acres of foraging habitat would be designated for each RCW group; 10 sq.ft.lacre
habitat would require 300 acres, etc.
Note: Currently, stand basal areas in some portions of the SCFRU average less than 40 sq.ft. of
BAJacre in 4"-10"+ dbh pines; with some stands/habitats as low as 10 sq.ft./acre. On many sites,
these low stocking conditions are primarily a result of poor pine recruitment (i.e., few good seed
crop years) and inadequate (frequency and season) prescribed burning programs. However, during
the past 15 years, several pine recruitment classes have become established on numerous properties,
and on sites with adequate burning programs, stand basal areas are increasing. On these
sites/properties, the desired future condition for foraging habitat stands is that they contain at least
40 sq.ft. BAJacre in 10" dbh trees and larger.
3. Count only those pine stands with an average stand age at least 30 years old or older. However,
up to 1000 BA of the total stand may be in trees 20-29 years old (i.e., the 4" to 8" dbh stems).
4. No non-pine_midstory of if a non-pine midstory is present it is sparse and less than 7 feet in
height; midstory can be controlled by fire (preferred), mechanical or chemical means.
5. Canopy non-pine trees are absent or less than 10% of the number of canopy trees.
6. Total stand basal area, including canopy hardwoods, less than 80 sq.ft. BAJacre.
7. Foraging habitat stands will be within 0.5 miles of the cluster center and preferably within 0.25
miles. Foraging habitat stands cannot be separated from one another or the cluster by more than
200 feet of non-foraging habitat (e.g., rights-of-ways, highways, clearcuts or forested stands less
than 30 years old, hardwood stands, agricultural fields, etc.).
8. Frequent growing season prescribed burning of nesting and foraging habitat is recommended and
encouraged.
References Cited
Nesbitt, S. A., A. E. Jerauld, and B. A. Harris. 1983. Red-cockaded woodpecker summer ranges in
southwest Florida. Pp. 68-71 in D. A. Wood, ed. Red-cockaded woodpecker symposium II.
Page 12 of 13
RCW Compliance Plan
Itorn 1\11'"\ 10A
October 10, 2006
Pci9'e41U60f 17
Florida Game and Fresh Water Fish Commission, Tallahassee, FL.
DeLotelle, R. S., 1. R. Newman, and A. E. Jerauld. 1983. Habitat use by red-cockaded
woodpeckers in central Florida. Pages 59-67 in D. A. Wood, editor. Red-cockaded woodpecker
symposium II proceedings. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida,
USA.
DeLotelle, R. S., and R. J. Epting. 2000. Demography and ecology of the red-cockaded
woodpecker in the Big Econlockhatchee Bason, Curtis H. Stanton Energy Center 1980-2000.
Summary Report S6l887E, prepared for the Orlando Utilities Commission.
DeLotelle, R. S., R. J. Epting, and J. R. Newman. 1987. Habitat use and territory characteristics of
redcockaded woodpeckers in central Florida. Wilson Bulletin 99:202-217.
FWS.2003. Recovery Plan for the Red-cockaded Woodpecker (Picoides borealis): Second
Revision. US Fish and Wildlife Service.
Page 13 of 13
Agenda Item NO.1 OB
October 10, 2006
Page 1 of 31
EXECUTIVE SUMMARY
Recommendation to Modernize and Update The County's Purchasing Policy.
OBJECTIVE: To enable staff to procure commodities and services in a more efficient, effective
and accountable manner.
CONSIDERATIONS: The Board of County Commissioners agency typically purchases more
than $350 million in commodities and services annually. These purchases are governed by a
policy adopted by resolution by the Board. Portions of the current purchasing policy have not
been updated for several years. The dollar thresholds governing formal and informal
competition have not been adjusted since September, 1997. The thresholds pertaining to the
authorization of work orders issued under professional services agreements have not changed
since their inception in June, 1996.
Subsequent to 1996, the business environment of the agency has substantially changed as
evident in the following:
1) According to the Bureau of Labor Statistics, the U.S. economy has experienced cumulative
inflation of nearly 34 percent.
.-.
2) The number of, dollar value, diversity and complexity of County capital improvement projects
has grown significantly. In the Transportation Division alone, capital project activity has grown
more than fivefold in aggregate dollar value.
3) Many of these projects are now being delivered in advance of their need rather than on a
"just in time" basis in order to better ensure growth management law compliance and that
proper service levels are being provided to the public.
4) The level of oversight and review of County purchases has been greatly enhanced and
honed through the Board's investment in the SAP financial management platform and other
software solutions.
5) The Board has funded additional staffing resources including the creation of a contract
administration section to more closely oversee the negotiation and subsequent delivery of
services under County contracts.
6) The Clerk of Courts agency has become more proactively involved in the formation of
contract agreements prior to execution.
7) A survey of other Florida counties indicates that most utilize higher dollar thresholds for
competition and award approvals than does Collier County. A summary of the survey results is
enclosed.
-
Given all of these considerations, staff is recommending that the Board's purchasing policy be
modified to enable the agency to perform in a more efficient and cost effective manner. A copy
of the policy with the actual recommended changes is enclosed. The following is a summary of
the more significant recommendations:
o Increase the informal competition limit from $1,000 to $3,000.
Agenda Item NO.1 08
October 10, 2006
Page 2 of 31
o Increase the formal competition limit from $25,000 to $50,000 with the intent of asking the
Board to further increase this limit to $100,000 within two years.
o Standardize the policy regarding state and federal contract purchases to be consistent with
the language governing purchases through other governmental entities where the director
may authorize such purchases provided that sufficient funds are available for each
purchase.
o Increase the Board approval limit for professional service work orders from $90,000 to
$200,000.
o Increase the total contract amount threshold for professional services agreements from
$500,000 to $750,000
o Compress into a single category the multiple work order categories to simplify the use of
these instruments.
o Authorize the Purchasing Director to trade in current assets pursuant to new purchases and
to dispose of assets that no longer have commercial value by the most efficient means
possible.
o Authorize the Purchasing Director to use the County's purchasing card program in a more
strategic manner, including the discretion to use p-cards rather than purchase orders to
order commodities/services where in the best interests of the County to do so.
Staff believes that implementation of these recommended changes will serve to eliminate 75-80
agenda items per year and reduce project delivery times by at least 3-6 weeks (possibly more)
per project. The Office of the County Attorney has reviewed the proposed language changes
and approved them for legal sufficiency. The Clerk of Courts' Finance Division has reviewed
and commented on the proposed changes.
FISCAL IMPACT: Generally not applicable. However, there may be additional rebate revenues
generated from the use of purchasing cards rather than purchase orders to place larger dollar
orders.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated
with this work, although many of these changes should facilitate meeting infrastructure delivery
deadlines in the plan.
RECOMMENDATION: That the Board of County Commissioners approve the enclosed
resolution amending the County purchasing policy and authorize the Chairman to sign the
resolution on behalf of the Board.
Prepared By: Steve Carnell, Purchasing/General Services Director
.-
Agenda Item No. 10B
October 10, 2006
Page 3 of 31
RESOLUTION NO. 2006-_
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS SUPERCEDING COLLIER COUNTY RESOLUTION 2001-482 AND
AMENDING THE PURCHASING POLICY
WHEREAS, Collier County Ordinance 87-25 provides for the establishment of a
purchasing policy to govern all aspects of purchasing administration; and
WHEREAS, the Board of County Commissioners on December 11, 2001
adopted a purchasing policy by Resolution 2001-482; and has amended said policy by
resolution on subsequent occasions; and
WHEREAS, the Board of County Commissioners and the County Manager's staff
have implemented enhancements and controls within the County's purchasing
procedures in recent years; and
WHEREAS, Collier County continues to experience significant growth in and
demand for various government services; and
WHEREAS, County staff seeks to clarify and update existing provisions to further
promote the efficient and effective acquisitions of commodities and services.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Resolution 2001-482 as presently constituted, is hereby superceded by this
Resolution and shall serve to amend the Purchasing Policy attached hereto and
incorporated herein by reference.
This Resolution adopted this _ day of
second and majority vote favoring same.
, 2006 after motion,
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
Frank Halas, Chairman
Approved as to form and
legal . cy:
~
coc.o,..-
OOC"0
~ )
~~D
E '- ~5
~ 8' j
roB
-gS
(])
OJ
<:(
'C
~
e
a:l
, ~
- 0
g-g
(1) e ~
-0 a. l:::
<<Jo~
Co Ql
o .~
ci~
~ Ql
<F>Vl
Ql g>
(j 'u) "0
::0 I'll ~
oJ .c I'll
~u
~ ~
'E!
I'll
~
o
cD
'"
o
o
N
Ql
'0
c
'E
CI)
rn
o
o
t[)
<F>
<{
z
$WO~
O"CQ)~
:JC"O
CT ::l 0 I
mijlUN
-e:t::~~
g; 'E 5 c
~ ~8 ~
~
Z
- Cl
:Jc"O
~ '@ m
Vl~U
~]2Q)
- I'll C
I- 0.'-
o Q) ~
O.o.c
8_ t? ~
wEo..
o
o
~
W
o
t[)
.....
<F>
'"
'"
v
N
<F>
o
o
o
cO
<F>
o
o
o
cO
<F>
o
o
o
<0
<F>
o
o
o
cO
<F>
o
o
o.
W
o
t[)
.....
<F>
ev.9c.9m
> n Q) 0 E
~~:g8.2
cn8~~g;"C
1'll00<F>0C'i
Q)~o 10
~ ~g~8-
C/) ~ ~ 5-w
en
en
V
.....-
<F>
o
o
t[)
<0
<F>
V
o
o
o.
;;;
^
o
o
o
ci
<F>
c;
o
cO
<F>
o
o
o
ci
OF>
.8
o
o
o
cO
OF>
o
o
o
ci
W
g ~ -g
68~e_
g~S~2:~
~.8ijl~~~
N "II"""" >.-,....
Y7ge-58s
ci 8: <{ ci
~~ ~
o
o
o
cO
OF>
o
o
a.
w
8~~
,0 ~
t[)u.O
~~~~
8E815
01.....1.(')
1.0.9("')
~ ~<F>
OF>
0:>- "0
0- CI)
oc_>
ciUoe_
~~~ 2:~
.8ijl"~~~
C; e 'E 8 E
~ ~~ 0
N<{ t[)
<F> - OF>
o
o
o
ci
o
W
0;
>
o
o
o
o
cO
N
OF>
0;
>
o
"0
C
I'll
o
o
o
ci
M
OF>
+
o
o
o
cO
N
OF>
o
o
o
ci
t[)
OF>
o
o
o
ci
t[)
OF>
.~ 0 c5 ~ :E
o ~'5.~~~~~
8.c"O E ~ :>-"!!!.c
LO- E .~ 1:: C::c ~ -5i
i2~g.~.!:~Vi~
OUQlE:;Ql':;
z(Q~-gro
o
o
o
ci
o
W
Q;
>
o
o
o
o
t[)'
N
OF>
Ql
E
"~
Vl
E
ro
Ql
C
o
Z
5
v,- c-
~ "08 ~8 ~
o Q}"O 0_ .~
Ol-cOa>
ci~~~~
~ ~ c ._ e
tA-c8~a.
:J >
Vl
o
o
o
ci
N
<F>
.8
0.
:J
o
o
o
ci
o
t[)
OF>
.8
0.
:J
en
'"
'"
.,f'
N
OF>
"0
Qj .9 ffi
~ 0 ~
u80
Uci':
as~.gJ
<F>g
Cl
'0
~ c.
?_.2 ~
~ 8'~
Vl 0 Ql
c o. U)
QlO
Cl~
<F>
o
o
o
ci
t[)
<F>
.8
o
o
o
ci
N
<F>
, Ql
[~ ~
"0 "~ ro 13
ro ::; "'0 ~
o CD Q) C
oo>~o
c 0 Ul U
~ ~~ 15
~I'llgj
>-
w
>
0::
::l
rn
rn
C
oJ
o
J:
J:
rn
w
0::
J:
I-
...
"
z
(jj
<{
J:
U
0::
::l
0..
CI)
:t::
.g
I'll
J::
U
I'll
o
1/1
E
I'll
rn
~
z
o
o
o
cO
<F>
<{
z
en
en
en
v'
N
<F>
o
o
o
ci
M
<F>
V
o
o
t[)
<0
<F>
^
en
'"
"'.
v
N
<F>
c;
o
ci
W
.80
00
00
0_0
at[)
~ OF>
<F>
o
o
o
ci
t[)
OF>
+
o
o
o
cO
N
<F>
"0 Q) a. L...
2:5:J.~.9
:~ .9 15 . c. 0
c-oco:Jo
:JQ)-O(/)O
it) "E = d .~ g
-g~:G~~<F>
<3 "~ ~ .8 Vl
"0
C
(/) en I/) ID
rog>uO)
Q) 'ij) ~ rc
E I'll C ffi
cJ3~8:2
:J
0..
o
o
o
ci
t[)
<F>
E
:.:J
o
Z
o
o
o
ci
o
W
o
o
o
cO
W
o
o
o
ci
t[)
<F>
o
o
o
ci
t[)
<F>
0.
:J
o C
o "Q
0=
g~
t[)~
<F> <F>
~.9
>
o
.5: 15
oc......>~o8 Z"'2
().!!? c g-5g61-8~
+ Ql Ql rn - . 0 0 "-
u~~o8gi2-8~
~ ~i::'"go~~,;:,,~qw
C g~o8':'"CiDg::-
OmOlO.,-rn LOrn
~ Ql ~~:?:"2i ~:?:
'=-,:; 0
en
en
en
.,f'
N
<F>
"OQl:>-
Q)~:;.c
e; 015 0
..c'Cc-S
<{ Ql Cl :J
E "in '"
"0
C
'"
o Q;
0"0
o C
ci:J
t[)
N
<F>
M.9>-
~~~ui
MQOro:
5 ~ U.u
u~~ ~
J!c3o
.80
00
00
O~LCi
000
t[) <F>
<F>
rot? u
C C '"
:g>8 ~
o L... 8
(1) .E C (5 en
:; t) "m c: ~
o~~o:G-o(/)
~c 0
fh8 "00.
,~
:>-:J
CU
o .5:
Ql
C
o
Z
"E
:.:J
o
Z
0 0 0 0 0 0
0 0 0 0 0 0 1/1
CI) ~ ~ 0 0 0 0 0 0 OJ
Ql ci ci
oJ Z Z ci ci ci ci .~
t[) l[) 0 0 t[) t[)
<F> <F> W W <F> <F> >
"E ro ~
,:; m 5
:.:J > .c
E1 ;.; E C e :;
E a. <{
0 :.:J I'll Ql a. Q;
"E :.:J U Vl
"E 0 2" E (j) Jg I'll <{
(j) :.:J m -'.c Q; "E
:.:J C 0 :.:J Ql OJ "E (/) 0 o.u 0
~ 0 :J ~ 0 Ql ~ en
EO- Ql 0 :.:J 5< 0 0;;' '" Ql
IDro 0 :J :; :J e Ql Cl~ C en
0 U' "0
0..0 :J U' 0 C'i ,:; C I'll '" C
0 0 c 0.. :?: I'll
E Q; m C 2 "!!! 'in Ql .c
ci 0 .0 (ij m I'll > ~
> m 0; ~ "C - .c 0 U
Ii u Q) .0 ~ E E I'll U a. c ll::
0 C Q; > "C 5 0 .c :; :J
u..: 0 M ~ M ~ 0. 0 I'll
Z > U. U. 0.. <{ U U5
c:o<.o..-
,-,0(")
<,.,.'!C.o"'-
"10
.::ill')
-..- CD
E
2
Cil
\J
C
CD
OJ
<(
~ 0
o
:5
<0
g g
N C
>- ~
~ 0
a:
:l
U)
C
...J
o
J:
J:
U)
W
a:
J:
I-
...
t:>
z
iii
<I:
J:
(,)
a:
:l
Q.
..
~
"0
(,)
..
Gl
>
ii:
C
'"
:c
.5
'"
'in
::l
"0
>
Ol
C
"in
tIl
.t::
III ~
~ :J"E
CD a. '"
~ $ (,)
:J
,
'"
::l
.t:
c.>
'"
:;;:
C
o
'i:
'"
:!:
'"
:c
E
'"
c.>
III
W
~
z
o
o
o.
;;
'0
Ol
III
:J
'0
z
o
o
o
c<i
'"
~
z
..
g .E
~8
"'~
,
~ s.~
~ 8 ~
iq~
g-;;;~
Cl
~
z
<I:
Z
"E
::J
..
.!!!
(5
C
ci
a.:
u.:
o
o
ci
o
0_
;;
en
en
ci
en
en
'"
o
o
o
M
'"
o
o
"<
;;
o
o
o
N
'"
o
o
L!)
N
'"
o
o
0_
;;
o
o
L!)
N
'"
n;
.0
"E >Q;
::J
o
o
o
o
;;
o
o
0_
;;
q8
00
o .
oL!)
-N
0",
;;
en
en
ci
en
en
.;'
'"
o
o
o
o
;;
o
o
o
,rj
'"
'O_~
c:.- 0
tIl Eo
0=0
8]~
,rj ~ '"
~.9~
Ol tIl C
Ol '0 Q)
" C t:
..:;tIl:J
~E~
o
o
o
o
;;
o
o
o
,rj
;;
o
o
o
,rj
'"
en
'0<
(0)
o~~
~~-
'"
o
o
L!)
N
'"
o
o
o
o
L!)
'"
'E
::Jrn
.S!
Ol 0
'0 ::J
::J C"
a C
C Ol
~~
C ~
:!:'""
a
a
a
,rj
N
'"
m
m
ci
m
m
.;'
'"
a
a
a
,rj
'"
m
m
m
.;'
N
'"
a
a
a
,rj
N
'"
a
a
a
M
'""
'"
m
en
m
ci'
'<t
'"
o
a
a
o
L!)
'"
a
a
o
,rj
N
'"
III
III
~
X
Ol-
a 0
a
a
,rj
N
'"
a
a
a
,rj
N
'"
a
a
a
o
L!)
'"
a
a
o
o
L!)
'"
Q;
>
o
E
::J
'0
m
n;
E
(;
LL
III
III
Ol
c.>
X
Ol
aD
a
a
tri
N
'"
o
8
,rj
N
'"
8
o
,rj
'"
'0
_~E
~ .g ~
~C"-ai
om~g>
c:gcCi3
o:..:28.c.
~~t~og
~ ~:2 ro
Ol.o
"0.
a
a
a
,rj
N
'"
o
~~g8~
,,-StI')O>.
~.2':-~Efl1ij
~ '5 ..e ~ E
o:5-g:Offi
Q) ffi ~ ~
.t:: X CJ
I- Ol X
Q)
a
a
a
c<i
'""
'"
a
a
a
o
L!)
'"
f/) 156
~'-co
......EU)~>-
.9z-.~Y)16
~ '€5 :E .~ E
o:s-galffi
Q) ffi ~ ~
~ ~ ~
a
a
a
,rj
N
'"
a
a
a
o
L!)
'"
~
o
.;..;
"E
::J
n;
III
o
0.
e
a.
n;
E
(;
LL
Q)
'E a~
:.:J (JJ 1:::
~O:J
(5 g> ~
Cl "in Ol
Ol tIl >
:S-5e
.~ :s ~
iila.<I:
..ewe:
:!::sr]
a
a
o
,rj
N
'"
~
Z
eR-
a
~
(;
~2
1il 0.
'c :J 0
"E ~ 8_
'0"0
~~~
'E C
::J tIl
o U
U
a
o
a
,rj
<f>
0?:-
n;
:J
C
C
tIl
a
a
a
,rj
N
'"
Ol
>
o
~.o
:J tIl
~~
.~~
C VJ
~~
:!:~
:J
tIl
~
o
..
O"i"*
~5~
(; ~ "!!!
oo~
8 ~ Q)
oc"5
1.00:c
<f> CJ ~
o
a
o
o
a
;;
a
roa
>a
eo
o.a
0. ~
tIl<f>
U
U
co
0?:-
n;
::J
C
C
tIl
::.::
a
L!)
N
'"
Ol
>
o
~~
.3
~~
Oltll
"Vi Cii
C VJ
~~
:!:~
:J
tIl
a
a
a
o
;;
a
a
a
o
L!)
'"
a
a
a
o
L!)
<f>
~
o
Qi
.0
a
a
a
o
;;
..9
Ol VJ
> Q)
00'0
Ol"'''
"!;; 0 ~
~8_ CO
Co
<I:~
'"
-01/)8
,- E a
-9tUo
5::~
C 0
>-EG>
~2-g
,- :J
a
a
a
o
L!)
'"
Q;
'0
C
:J
>-
'" -
CD ~~ 8 '-
g>roS'QB
co ' "- _ co
..c>.o>co.b
() ~ ~ e .~
"cE- ~ Q) 8:'E
Q) en to "0
~~~~<{
U Q)
C
a
a
a
o
L!)
'"
Q;
>
o
Q;
Ol
tIl
C
tIl
::2-'-'
tIl
>->
C e
:J 0.
o 0.
U<I:
Q;
"E
o
Ol
Ol
C
~g
U (;
tI::.t::
tIl:5
Ci5<
COCD~
00("')
......0,-
.N 0
o 'CD
Z~<l)
E....Ol
<l)<l)(tI
......"OD-
-0
(tI......
-oU
cO
<l)
OJ
<l:
fI)
!:!
a;
c:
c:
Gl
Gl
...J
III
'ii)
:l
'0
>
2
'0
"'i:
III
J:
U
Gl
c:
III
...
o
Gl
"C
III
Cl
'E
III
~
J:
:l
o
...
o
.0
~
J:
in
c:
.51
u;
Gl
:l
a
II)
:J
o
:J
c:
~
o
t,)
o
E
ID ('-0
1-<(
-02
~(,)
u::::
~E
:J Ul
1:5
5 ~
>- ~
o C
o 8
g
"S
C
~
o
(,)
J:
'0
CD
E
Q)
I-
"C
Q)
X
u::
J:
'0
CD
J:
'0
CD
g
"S
C
~
o
(,)
g
'S
,"
C
o
(,)
C
:J
o
E
OJ
~
t,)
""
.(3 _
~'E
en:':
~ 0
OJ Ul
J:"C
::J~
g.~
o ...
0:5
-'"
o
o
~
-'"
o
o
10
~
II)
Q)
'5
ro
en
u:
Q)"C
~ S3
'E 0.
E '"
0"C"C
() C C
C OJ ::>
o '" 0
~ ~ ro
Q) 'S:; -c
~ ~ ~
.$
~
o
Z
.$
~
o
2
-'"
o
o
10
~
.$
~
o
z
-'"
o
o
~
~
'"
-E~
o :;::
u> OJ
."!:::: Q)
~:g.
w"S
Ul E
o C
C 0
:2;
ro
~
g
:2;
(")
~
~
~
-'"
o
o
(")
~
o
z
"C
o
.~
a.
OJ
...
..Q
C
Q)
>
"0,
~
~
Q)
:5
~
:J~
~E
0:';::;
0'0
b';;
-'" C
C ::>
OJ 0
:oU
Q)
a; Q)
-,-'
c
Q)
E
C
-'" 0>
en 'Vi
OJ Ul
1-<(
...
..Q
c: g
3l~
Q)~
"~
15m
26
ro
Ul
o
a.
e
lii a.
~ 0
'0, ::
C Ul
!:!:! ~
~ ~
ro
... Ul
.Q 8-
in 0
Q) 0.
5-~
& .~
Q)
~ ()
a. :.::;
Q) 0
o C
Q) ~
'" >
:;)"0,
E
.g
Q)
a.
.8
E
""
OJ
Q)
0>
OJ
0>
C
Q) C"
~ ~
~ ";::
I ~
OJ
Ul
o
a.
o
a:
...
..Q
in
Q)
:l
cr
Q)
~
o
1:5
~ 5
o g~
~ '00 c
fi51?OJ
U17U:5
~ :s ~
~~~
. o.
ro
"0
C
OJ
OLI
~o(/)
o o,~
c:. --g ~
Q) .!:: Q)
ClOO)
U
(,)
o
CD
'"
"C
(5
J: Q)
'" c:
~ 'E
~2
iii~
(,)
(,)
CD
>-
.c >-
(Oem
> ::> Ol
~8 ~
a.... OJ
OJ 0:2;
U
U
"'co
~~
Z" .~ tfl
5 'E ~
O"C 0
(,) <( .
g
"tii
OJ
J:
2
::>
Il.
(;
~
(j)
"c
"E
"C
<(
;;
C
::>
o
(,)
(;
0.1:5
Q) ~
00
a. ~
OJ a.
t,) Q)
-",0
25 lii
10 >
~ 0
~
Q)
>
o
~
OJ
ro
C
""
"!!l
o
J:
s:
.8-0
0"3
U 0
OJ ~
o
1:5
~ 3
o g~
..::c; '00 c
fi51?OJ
~u-5
~ :s ~
~!::.9:
. o.
ro
"0
c:
OJ
... c:
~u:
~ ~ tn
0.8~
c:. fil ';::
Q,) .!:: Q,)
000)
o
1:5 0
~~
06
a. ~
Q) a.
o m
,,0
Q) "'
'" Q)
OJ Ul
Q) OJ
... m
t,) ...
m ()
o C
-'"
o
10-'"
~o
010
~~
... ...
0lQ)
:2; >
o
.?;-u
-"'Cu
1O:l0
~8CD
>-
C
:J
o
U
U
U
SCD
~5
>-]'i ~
~ c ...
5 "E ~
O"C 0
U <( .
u-'"
ii 25 g
+ ~.~
-"''''J:
o m t,)
~-g:;
~::>Il.
.8
~
in
'c
"E
"C
<(
.?;-
c
::>
o
U
lii
0>
OJ
c:
OJ
:2;
t5
Q)
"0
a:
m
:0
-0
'E
m
:5
C',
m
Ul
OJ
~
.~ ()
~ ~
OJ Qj
~ 0 ~
U J:: ~
m ~ t,)
.~ 1:5 .f;
mjg,s
OlC
~ 8 ~
-5m~
co ~ 0..
~oro
l1l(O"'"
",QOC'J
~O_
'\J 0
51'--
-.,.... Q)
E....cn
Q)Q)(1J
.......00...
-0
(1J.....
-o()
cO
Q)
01
<l:
.r:
u
III
E
Iii
Q.
.c
15
III
E
;;;;
c
'"
-E
Ul
Ul
Ol
$
~
o
Z
Ul
Ol
~ ij5
0:; 10
.c"E:1i)Cf)
~,g~8.
115 c.. 0'" e
<.9:J~a.
.9
a.
:J
.. C
C5 0
ad~
Oloa.
OZ;M
a.
:J U
Ul U
Ol ~ III
o ~
~ a~::E
'E fij-::E ~
~~~~
u............o
.9
a. Ol
.~ ~ c: ~
o 0 55 "E-
_ow
g.~9-E
o<l}C'l8
a.
:J U
Ul U
~ III
e ~
2:~o ::E
"'l!)~
~~~
~ ~ 0
PURCHASING POLICY OF COLLIER COUNTY
Agenda Item No, 108
October 10, 2006
Page 8 of 31
I. ESTABLISHMENT OF PURCHASING POLICY
Ordinance No. 87-25 provides for the adoption of a Purchasing Policy, Collier County Resolution
No. 97-435 establishes the following Purchasing Policy,
II. PURCHASING DEPARTMENT RESPONSIBILITIES
A. The Purchasing Department shall be responsible for:
1. Seekina Maximum Value: Act to procure for the County the highest quality commodities,
supplies and contractual services at least expense to the County.
2. Encouraaina competition: Endeavor to obtain as full and open competition as possible on
all purchases and sales,
3. Procedures: Establish and amend, when necessary, operational procedures for the
implementation of the Purchasing Policy provided by ordinance. Said procedures shall
become effective only when approved in writing by the County Manager. Copies of the
procedures shall be maintained on file in the office of the Purchasing Department.
4, Purchasinq Analvsis: Keep informed of current developments in the field of purchasing,
prices, market conditions and new products, and secure for the County the benefits of
research conducted in the field of purchasing by other governmental jurisdictions, national
technical societies, trade associations having national recognition, and by private business
and organizations.
5. Purchasina Manual: Prescribe and maintain a standard Purchasing Manual for all using
agencies. The content of said manual will be governed by this Policy.
6. Forms: Prescribe and maintain such forms as shall be found reasonably necessary to the
operation of this Policy.
7. Vendor Certification: Document that vendors doing business with the County have
acknowledged their understanding and acceptance of the terms and conditions of the
County's Purchasing Policy and have agreed to abide by those terms,
8, Bulk Purchases: Exploit the possibilities of buying "in bulk" so as to take full advantage of
discount.
9. Vendors' Cataloq File: Prepare, adopt and maintain a vendor's catalog file. Said catalog
shall be organized according to materials and/or services and shall contain descriptions of
vendors' commodities, prices and discount.
10. Tax Exemptions: Act so as to procure for the County tax exemptions to which it is entitled.
11. Cooperation: Cooperate with using agencies so as to secure for the County the maximum
efficiency in budgeting and accounting.
12. Suspension and Debarment of Vendors: To oversee and facilitate the suspension and/or
debarment of vendors as set forth under Section ~XXVIII of this policy.
13. Inquiry and Control: Have full authority to question the quality, quantity, and kinds of items
requisitioned in order that the best interests of the County are served, The Purchasing
Director shall have final approval authority for all purchases at or below the formal
competitive threshold, To ensure the timely, proper and orderly acquisition of services to the
various using agencies, all authority granted to the Purchasing Director in this policy may be
formally delegated by the Purchasing Director in whole or in part to appropriate staff
members within the Pumh36:ing D13p3rtmont the County Manager's agency.
III.
FIELD PURCHASE ORDERS (PURCHASES OF $1,000 OR LESS)
Agenda Item No, 108
October 10, 2006
Page 9 of 31
Field Purchase Orders, with the approval of the department's authorized signatory, will be used by
departments for immediate purchase of commodities, out-of-town travel expenditures and services not
ta exceed the maximum value of $1,000.
IV. QUOTATIONS (PURCHASES BETWEEN $4,OOQ-$~$3,OOO.$50,OOO)
A. All purchases af cammadities and cantractual services af a tatal estimated value in excess af
one thousand dallars ($1,000) and less than or equal to the formal Bid Limit competitive
threshold af Twonty fivo Theucanc:l Dollarc ($2Ei,090) may be made in the open market without
formal public annauncement and withaut formal Bi4 competition. All purchases exceeding
$3,000 nat requiring farmal campotition shall be awarded by the Purchasing Directar ta the
qualified and respansive vendor submitting the lawest ar best averall quote which meets all
specificatians, unless the requirement for competition is waived by the Purchasing
Director in accordance with Section 4.B.
1, Minimum Number Quotes: Open market purchases ar sales in excess af $+;GOO $3,000 but
less than or equal ta the formal competitive threshold shall be based an at least three (3)
campetitive quates and shall be awarded ta the lawest, qualified and respansive quate in
accordance with the standards set farth in this Palicy.
2. Solicitatian af Quates: The Directar may salicit either aral ar written quates far apen market
pricing or sale, using available bidders' and supplier lists. The Director shall determine in
which instances quatatians shall be solicited in writing. Further the Directar shall determine
which agency (e.g.; Purchasing ar the using agency) shall abtain the quotatiens. All quetes
in excess of ten thousand dellars $10,000 shall be tendered ar canfirmed in writing by the
vendar prior te purchase.
3. Public Recard: The Director shall keep a recard af all epen market quates submitted and
such records shall be open ta public inspectien after award has been made,
B, The requirements fer requesting quotes from three (3) ar more sources are waived and da nat
require Baard actian for:
1. Purchase af library beeks, educatien and/ar Persennel tests, similar audie visual materials,
periadicals, printed library cards, etc.
2. Professienal services; and, in instances when autherized by the Purchasing Directar where
cemmedities ar services are purchased directly frem the owner ef a capyright or patent, a
gavernmental agency, a recognized educatienal institutien, a nat-fer-prafit entity er when
there are ne ather identifiable saurces available.
3. Purchases that the Director has determined ta be legitimate single saurce purchases.
4. Valid public emergencies or other instances deemed by the Director to be in the best
interests af the Caunty.
5. Purchase af services frem experts ar consultants by ar through the Office ef the Caunty
Atterney far purpases of preparing fer ar defending against imminent ar pending civil
Iitigatien er administrative praceedings.
C. All purchases greater than $1,000 but less than or equal to $3,000 will generally be
processed using a regular purchase order. However, such purchases may be processed
using a purchasing card in accordance with Section XXIII of this policy.
V. FORMAL COMPETITIVE THRESHOLD (Purchases in excess of $2a,QQQ $50.000)
A. It is the intent af the Board af Caunty Cammissieners ta establish an amaunt af Twenty Five
ThobJ~:mg ($2a,QQQ) fifty thousand ($50,000) dallars as the Ceunty's farmal competitive
thresheld far purchases. The established limit shall be applied te all methods ef purchase by
agencies under the purview ef the Board af Caunty Commissioners, including but not limited ta
cempetitive sealed bids, cempetitive prapesals and campetitive selectien and negetiatian. The
requirement for farmal competitian may be waived by the Baard af Ceunty Cammissioners
where permitted by law, under the fallawing circumstances:
2
Agenda Item No.1 OB
October 10, 2006
Page 10 of 31
1. Single source purchases (pursuant to subsection C).
2. Valid public emergencies (pursuant to Section XX),
3. Where it is determined to be in the best interests of the County to do so.
B, All purchases subject to formal competition shall be awarded by the Board of County
Commissioners unless otherwise delegated by the Board via formal public action,
C. Exemption For Sinqle Source Commodities: Purchases of commodities and services from a
single source may be exempted from formal competition upon certification by the Purchasing
Director of both of the following conditions:
1, The item(s) is the only one available that can properly perform the intended function(s);
2. The recommended vendor/contractor is the only one ready, willing and able to meet the
County's requirements.
All Single Source purchases in excess of the formal competitive threshold shall be exempted
from formal competition by the Board. Purchases less than or equal to the formal competitive
threshold may be exempted from competition by the Purchasing Director, as permitted by law.
D. Use of Past Performance Data: In order to promote the qualitative delivery of commodities and
services, County departments shall record and consider the past performance of vendors in the
award of contracts exceeding the formal competitive threshold. This objective shall be
accomplished as follows:
1. The Purchasing Department shall be responsible for each of the following:
a. Developing, implementing and maintaining appropriate administrative procedures,
instructions and technologies necessary to collect and access vendor performance
data.
b. Ensuring that relevant past performance data is properly gathered and considered prior
to award of subsequent contracts,
2. Using agencies shall be responsible for each of the following:
a, Conducting periodic performance evaluations of vendors under contract with the
County pursuant to the procedures established pursuant to subsection V.D, 1 a,
b, Considering the past performance of vendors during the evaluation of formal bids and
proposals for subsequent contract awards as set forth in the administrative procedures
referenced under subsection V,D.1a.
VI. COMPETITIVE BID PROCESS
Any purchase of commodities or services costing in excess of the formal competitive threshold shall
be accomplished by competitive sealed bid, by competitive selection and negotiation (per section VII)
or by competitive proposals (per section VIII). Award of Bid Contract shall be made by the Board to
the lowest, qualified and responsive bidder except where otherwise provided for in this policy or
unless an exception is granted by the Board. Bid limits for requirements utilizing federal or state funds
will be those required by said agency granting the funds or the County's requirements, whichever
takes precedence.
A. Notice Invitinq Bids:
1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing Department
in a consistent public location at least ten (10) days preceding the last day established for
the receipt of bid proposals. Bids may be solicited and/or received in one or more steps as
permitted by law and deemed appropriate by the Purchasing Director.
2. Scope of Notice: The public notice required herein shall include a general description of the
commodities/services to be purchased or sold, shall state where bid instructions and
specifications may be secured, and the time and place for opening bids.
3
Agenda Item No, 10B
October 10, 2006
Page 11 of31
3. Bidders' List: The Director shall also solicit sealed bids from qualified prospective
vendors/contractors who have requested their names be placed on a "bidders' list", which
the Director shall maintain, by sending them a copy of such a notice as will acquaint them
with the proposed purchase or sale. Invitations sent to the vendors/contractors on the
bidders' list shall be limited to commodities or services that are similar in character and
ordinarily handled by the trade group to which the invitations are sent. Vendors/contractors
may be removed from the bidders' list by the Director for continual non-response to bid
requests.
4. Bid Deoosits: When deemed necessary by the Director, bid deposits shall be prescribed in
the public notices inviting bids. Said deposits shall be in the amount equal to five percent of
the bid submitted. The Director shall have the authority to retum the deposits of all bidders
prior to award of bid contract by the Board of County Commissioners, A successful bidder
shall forfeit any deposit required by the Director upon failure on the vendor's part to enter
into a contract within ten (10) working days after written notice of award.
5. Bid Addenda: An addendum to a specification shall be defined as an addition or change in
the already prepared specifications for which an invitation has been mailed for formal
quotations or an announcement has been posted for a formal sealed bid. Any addendum to
a request for formal sealed bids shall be approved by the Department Director or designee
and the Purchasing Director. The addendum shall clearly point out any addition or change
to the invitation for bids, The Purchasing Department shall be responsible for insuring that
all prospective bidders who have received specifications are notified of the addendum in
writing prior to opening of bids.
B. Procedure for Bids:
1. Sealed Bids: Sealed bids shall be submitted to the Director and shall be clearly identified as
bids on the outside of the sealed envelope,
2. Doenino: Bids shall be opened publicly at the time and place stated in the public notices
and shall be witnessed and certified by the Purchasing Department.
3. Tabulation: A tabulation of all bids received shall be made by the Purchasing Department
and shall be available for public inspection.
C. Tie Bids: Where there are low tie bids, the award process shall first be subject to Section
287,M87, F.S. Should a tie still exist among two or more bidders and if the purchase is funded
in whole or in part with interagency grant funds, the tie shall be broken in accordance with the
grant conditions or the grantor agency's procedure governing such matters. If no interagency
grant funds are appropriated for the purchase and anyone of the low qualified vendors has a
principal place of business located in Collier County, the bid shall be awarded to the local
bidder.
D. Reiection Of Bids And Neootiation:
1. The Board of County Commissioners shall have the authority to reject any and all bids.
2. If the lowest, qualified responsive bid exceeds the budgeted amount and if the purchase is
not funded in whole or in part with interagency grant dollars, the Purchasing Director may
negotiate changes with the apparent lowest qualified and responsive bidder that will bring
prices into budgeted limits subject to the final approval and acceptance of the Board. If the
budgeted amount includes grant funds, the Purchasing Director shall be authorized to
conduct such negotiations provided said actions are not prohibited by law or the grant
conditions.
3. If no bid is received, the Board of County Commissioners may authorize the Purchasing
Director to purchase by negotiation under conditions most favorable to the public interest
and when said purchase will result in the lowest ultimate cost of the commodities or
services obtained.
E. Waiver Of I rreoularities: The Board of County Commissioners shall have the authority to waive
any and all irregularities in any and all formal bids.
4
Agenda Item NO.1 OB
October 10, 2006
Page 12 of 31
F. Award Of Bid Contract: The Chairman, when authorized by majority vote of the Board or as
otherwise provided for in this policy, shall execute formal contracts having a binding effect upon
the County. Formal, bilateral contracts shall not be required where a purchase order is
sufficient. A formal contract shall be awarded by the Board of County Commissioners to the
lowest qualified and responsive bidder. In addition to the price shall be considered the
following:
1, The ability, capacity and skill of the bidder to perform the contract.
2. The ability of the bidder to perform the contract within the time required or the least time, if
appropriate, without delay or interference,
3. The experience and efficiency of the bidder.
4, The quality and performance of previous contracts awarded to the bidder.
5, The previous and existing compliance by the bidder with laws and ordinances relating to the
contract.
6. The quality, availability and adaptability of the commodities or contractual services to the
particular use required,
7. The ability of the bidder to provide future maintenance and service (where applicable).
All recommendations for award for bid contract will be reviewed and approved by the
Purchasing Director prior to presentation to the Board of County Commissioners.
Bidders competing for a prospective bid award (and their agents/representatives) will not be
permitted to publicly or privately address the Board regarding a prospective purchase prior to
the time of award unless requested to do so by the Purchasing Director or by a majority vote of
the Board.
VII. PROCUREMENT OF PROFESSIONAL SERVICES
A. Because differences in price may only be a minor concern compared to qualitative
considerations, professional services may be exempted by the Purchasing Director from the
competitive bidding process, Instead, professional services will be typically acquired through
one of the following methods:
1. Competitive Selection and Negotiation.
2. Competitive Proposals (pursuant to Section VIII),
B. A professional service shall be defined as assistance obtained in support of County operations
from an independent contractor in one or more of the following professional fields:
1. Appraisal Services - real and personal property appraisers,
2. Architecture, professional engineering, landscape architecture, or registered land surveying
services (as per Section 287,055, F.S.).
3. Audit and Accounting Services - auditors and accountants (excepting the selection of the
annual auditor which shall be conducted as per Section 11.45, F.S,).
4. Consultants - planning, management, technological or scientific advisors,
5. Financial Services - bond counsel, rating and underwriting, financial advisor, and
investment services,
6, Legal Services - attorneys and legal professionals,
7, Medical Services - medicine, psychiatry, dental, hospital. and other health professionals.
5
Agenda Item No. 10B
October 10, 2006
Page 13 of 31
C. Requests exclusively for services defined under VII.B.2 will be procured in a manner consistent
with Section 287.055, F.S., known as "The Consultant's Competitive Negotiation Act" as
required by said statute. Projects may include, but are not strictly limited to one or more of
the following:
1. ~ fFixed assiqnment contracts: A grouping of minor professional service (including
construction inspection services) assignments. prgcl,m~ment of these contracts shall be
further sblbject te the fellewinEl r;;enditiens:
a. E.aeh a6si~nment must ee spooifioally jaontifiod in tho !"welio notioo.
b, Contraotc for a grouping of minor, fixod ascignments shall havo a maximum initial
r;;antrar;;t ameblnt limit (;If $500,000. E.ar;;h assjElnment shall have a maximum initial
amount ef $QO,OgO. The Pblrr;;hasin~/General aervises Directer may authorize any
assiElnment en behalf of the Board aElency wher:e all af the f.ollQlliinEl are trble:
1) \^/her9 the eriElinating torm eentraot haG Been proviously awarGled BY the ~(;Iard of
COblnty Cemmi&cionors, and;
2) INhore tho acsignment does not cauce tho cumulativo dollar 'ialuo of previously
authorizes 3ssiElnments to exeees the current eentract amount, :ms;
3) The maximym initial sellar amoblnt ef each assisnment sees not exceed $QO,OOO.
r...ny eentraet and/or assiElnFFlent that oX6ee9s that amol:lRt GblBseqblant to awar<l and
prior to eomplotiQrI €If the 'Nork &hall BO Sblbjoot to the provisionG (;If aeotion XIV.C of this
r-osCllutien, Pr0;joots Qhall not bo QUe dividod to Gimumvent tho dollar throsholdc
ostablished horoin.
2. Min(;lr, fFixed term contracts: Countywide agreements for various and miscellaneous minor
professional services (including construction inspection services) on an as needed basis,.
Precblrer+lents ef these centracts shall be fblrther gYbject te the fgllewing:
a. Those a@lrgemontc shall havo a maximum initial term of t\...o yoars, Howe'Jor, Qai9 time
prevision shall in no way, pmhibit tho oomplotion of iasl~s or ascignmontc proporly
initiatod prior to, but not oompleted until aftor the oontract torm.
b. These agreements shall be eligiBle for extem:ion, 9r renewal sblbject t9 tho provisions of
aeotians XIV,D and IE, r.gsper;;tively.
c. ."lil minor, fixes torm contracts and all ac&ignmonts mase in GleeOr9anoo with caid
agroomontG shall be cubjoct ie tho camEl dollar limits sot forth for rniner, fixod
3E:&ignr:nont oontract& "moor SoGtion VII.C, 1 ,b.
3. Maier. fixed acsianmentc: .^, groblping gf i;;ubctantially cimilar censtructien, renovation or
rehaeilitatien activities. Procblremonts of theso centracts i;;hall bo further cubject to tho
f.ollo'Ning:
a. ~aoh aceiQnmont muct BO Gl30cifieally idontifiCld in the public notieo.
8, Contr3ctc for a Elr:eblping of majQr, fixe9 a&&ignmClnts chall havCl a maximum initial
contr3ct amount limit of $3,000,000. Any contract and/or ascignmont that oxcoodc th3t
ameblnt subse(;tblont to a...~rd and prior to completion of the work chall bo cubjClet to tho
provisionc gf aectien XIV.C of this resolution, Prcljectc shall net be cub divided to
circblmvent the sellar thresholdc octaDlishes heroin,
4-3. General Professional Services: Includes administration, support and management of
engineering, architectural, surveying and planning activities. ThO&O 3groomElntc &h311 have
a maxir:nblFFl initial oontraot l3erioa of fivCl YElar&. Howover, said tirno prevision chall in no
W3Y, prohibit tho complotion of ta&ks or m:&ignmentc proporly initiatod prior to, but not
completed until after the contract torm.
6
Agenda Item No.1 08
October 10, 2006
Page 14 of31
~ ContinuinQ Contr3cts: These contr3cts Sh311 be. deHned in 3ccord3nce with ~Y9sQction
287.01313(1 )(€l) am! eRall 90 ellejoot te tho provi&ionc gf thiE: reE:gllltielR,
6, Purohosinq/Goneral Sorvisec Dirooter Allthoritv:
The Director shall be authorized to approve all work orders where the maximum initial
dollar amount does not exceed two hundred thousand dollars ($200,000) and where the
maximum initial contract amount does not exceed seven hundred fifty thousand dollars
($750,000). Any contr3ct 3nd/or assi€lnment work order and/or contract that exceeds that
amount subsequent to award and prior to completion of the work shall be subject to the
provisions of Section XIV.C of this resolution. Projects shall not be sub-divided to circumvent
the dollar thresholds established herein,
Any contract andlor aSE:i€lnm~mt that exceodE: that 3m06lnt E:619E:gGjblEmt to 3ward and l3r-ior to
GOl'Tll3lotion of tho work E:hall Be &ubject to tho l3r:Gvision& of Secti9n XIV.C of thiE: roE:ollltion.
Pmject& Sh311 not BQ SYB di'/ided to circumvent the dollar thresholds esta91ished herein. 'I'fork
orders, 3nd modiHc3tion& to work order& governed by thiE: ~oction VII.C may ge authorized 3nd
OXOSbltos l3y tho PllrohaE:ing/Gonoral Sorviooc Diroctor if thoy do not oxseea tho 3pplioable
thre&holdc for Board 3pprov31 cot out heroin, All fixed term agreements issued under this
section shall be eligible for extension or renewal in accordance with the provisions of
Sections XIV.D and E respectively.
D, For all service procurements in excess of the formal competitive threshold under the
Competitive Selection and Negotiation method, authority to announce and distribute Requests
for Proposals or Letters of Interest and Qualifications and to appoint and empower a
selection committee shall be pursuant to Section VIII.B. hereof.
E. Final selection of the professional service provider (award of contract) shall be made by the
Board of County Commissioners.
F. Purchases for all professional services estimated to be equal to or less than the formal
competitive threshold may be approved by the Purchasing Director, as permitted by law,
G, Requests for outside legal services will be referred to the County Manager and the County
Attorney for review and comment as to whether said services are necessary andlor appropriate.
Requests for outside legal services may be exempted from formal competition by the Board of
County Commissioners at the request of the County Manager or County Attorney.
H. The acquisition of services from experts or consultants for purposes of preparing for or
defending against imminent or pending litigation or administrative proceedings shall be exempt
from all competitive requirements of this policy, Any such acquisitions that do not exceed
$50,000 may be approved by the County Attorney and the Purchasing Department, but will be
reported at a regular meeting of the Board for ratification.
VIII. COMPETITIVE PROPOSALS
A. The Competitive Proposals process is a method of contract selection that may be utilized by the
Purchasing Director under circumstances where one or more of the following conditions exist:
1, Where qualitative considerations are of equal or greater concern than pricing
considerations.
2. Where the conditions of the purchase do not lend themselves to the formal sealed bid
process or the award of a firm, fixed fee contract.
3. Where the County is incapable of specifically defining the scope of work for which the
commodity(s) or service(s) is required and where the qualified offer is asked to propose a
commodity( s) or service( s) to meet the needs of the County.
4, Where the County desires to enter into a single contract for the design and construction of a
public construction project( s),
B. For purchases in excess of the formal competitive threshold and where appropriate or required
by law, the competitive proposals process will be utilized, The process will be conducted in a
7
Agenda Item NO.1 OB
October 10, 2006
Page 15 of 31
manner similar to the sealed bid process as set forth under Section VI except where otherwise
stated in this section. The competitive proposals process shall proceed as follows:
1. A Request for Proposals (RFP) will be prepared and distributed in a manner consistent with
the definition of said term found in Section 2 of Collier County Ordinance No. 87-25. Notice
of said request(s) shall be publicly posted by the Purchasing Department at least 21
calendar days preceding the last day established for the receipt of proposals.
2. Each Request for Proposals shall identify the appropriate evaluation procedures and criteria
to be applied to the selection of the best proposal among the respondents. ~ Eeach RFP
pertaining to the award of a design/build contract(s), oritoria for tho EjI:J<:llifioation and
seleotien af firms an8 pro~osals shall ineh::IEle, but not be limite9 to tho oritoria set ferth
under aeotion 287.065, (10)(c), F.a., weightod for oach projoct. shall be subject to the
requirements of Section 287.055 F.S.
3. Prior to the announcement and distribution of the RFP, a selection committee shall be
appointed by the County Manager to evaluate the proposals received. For all purchases
made under the Competitive Proposals method, the County Manager may empower the
selection committee to designate and rank the top throe proposals prior to the
commencement of negotiations and to negotiate a tentative agreement, subject to award by
the Board.
4. Proposals may be solicited and/or received in one or more steps as permitted by law and
deemed appropriate by the Purchasing Director. Unless otherwise prohibited by law, the
Purchasing Director shall have the discretion to solicit and conduct simultaneous or
concurrent negotiations with one or more firms.
C. For purchases in excess of the formal competitive threshold, final selection of the awardee will
be made by the Board of County Commissioners.
D. Purchases less than or equal to the formal competitive threshold may be authorized by the
Purchasing Director, as permitted by law and shall not require formal solicitation or
announcement unless deemed necessary by the Purchasing Director.
IX. PROCUREMENT OF DESIGN/BUILD CONTRACTS
A. Procurements for the design and construction of public construction projects may be obtained
through a single contract with a firm selected in a manner permitted under Section 287.055,
F.S, and the procedures set forth in this section.
B. For the pblrpose gf this secti9n, the full9wing definitions sh311 3pply:
1. ^ "dosiElniBuild firm" means a l3artnership, oorperatien, or othm logal entity 'Nhich is:
3. Cortified undor aection 489.119, F.s., to ong3go in contraoting through ::1 oortifiod or
rBElistereg Eleneral oontr-aoter or a certified or re€listered buildin€l oontractor as tho
Elualifying aElont: and,
b. Certified b1nger aection 471.Q2J, F,a., to practice or t9 offgr t9 practice engineerin€l; er
oortified undor aeeti9n 481.219 F,a., to pr-aotioo or to effor to ",raatioo arohitooture; or
oortified unger Seotion 481.J19 F.S., to pFaotioe er to offor to praatioo landsoapo
nrohiteotl:.lre.
2, ^ "desi€ln Bblild contraot" means a sin€lle centrad with a desiEln Bblilg firm fer tho dosign and
constructi9n of:3 pUBlio e9ne:truction project.
J. 1\ "gesiEln criteria package" means c9neise performance oriented drawings or spocifications
of the pblelio oonstFl:lotion projoct. The puq3ese of the gesiEln oriteria pask:3E1e ie to furnieh
euUioiont infurmatien so as to l3ermit doe;ign euild firms to proparo a bid or a resl3ense to an
aElORQY'S reql:Jest fer pm",esal, or te permit an ngonoy to enter into a nogotiateg goeign build
oontraot. Tho doeign oriteria p:3ckage ehall specify e::uch performnnce bae::od critori3 for tho
public ceRstrblstion project, inslblsing, Obit not Iirnites to, the IBgal dBscriptien gf the e::itB,
6:blrvey informatien soncerning the e::;te, interior spase re~b1irements, material ~U3lity
standards, 6:Chem3tic layeblts ::1nd conoeptLl::11 80sign criteria Gf the projest, coe::t or budget
8
Agenda Item No. 10B
October 10, 2006
Page 16 of 31
ee:tirn:ates, gesign an9 constn,lctien sche9b1les, site gevelgpment rgqYir-ements, provisions
for utilitil3s, stl3rm 't:atl3r retl3ntion and eisFlosal, and parking roEluiromontEl, as may bo
aFlf.lIiEJablo to tho f.lrojoot.
1. ^ "dosign criteria professional" moans 3 firm th3t holds 3 curront cortificato of registration
blnger aeQti9n 4fl1 to f)r3ctice architsstblr-e 9r 13nescape arQhitestblre or a firm '...,ho h919S 3
sblrr9nt certific3to as 3 mgistero9 engine9r binder aeetion 171 to pr:aQtic9 9ngin99ring 3ng
I,,-,ho is em~leyeg 9Y 9r binder contract ta the :agency to ~r9vig9 wofee:e:ional architect
e:ervicee:, l:amJe:ca~e architect services, or engineering servicee: in cennection with the
prepamtien of the design oritori3 paEJkage.
C. Tho docign oritoria l3alSik3go 6h311 bo prepared and s0310d by a d09ign EJritoria pmfo6sional
omployod or rot3inod by the agoncy, If the agonoy olects to onter into a profussion31 servicec
contr3ct fur the prep:ar3tion of the gesign criteria pack3ge, then the dl3sign criteria profession31
e:hall be seleotCld and contracted '.vith in am,er9anc9 with the r:eqblireI'T'l9nte: of aectien 2!l7,055,
P.a. Th9 gee:ign criteri:a e:ervicee: of:a firm binder continbling contract may also 99 bltilized if the
w9;ject cone:truction C9Ste: :are estimated to 910 lee:e: th:an $500,000 and prG"isions for gee:ign
oritorio corvicl3s am inoludCld within or 3ddod te clwh oontr30tc. 1\11 colieitationc for f)refuc&ion31
ElerviCll3c to proparo a 913cign criteria 1330k3g0(C) chall inform tho reoipiont firmc of tho klllowing
inf9rRlotion:
1. ^ description of thl3 project;
2. Tho work te b9 performed;
3, Writtl3n notific3tion that tho dl3cign Clriteri3 profeccion31 '""no hac boon celClct9d to prep3re
the decign oriterin pack3ge chall not bo Clligiblo to render corviooc blneor a docign build
eOAtmet cxooutod purou3nt to tho ee&ign oritoria paokage,
BQ., Upon completion of the Design Criteria Package, procurements of Design/Build services shall
be processed in a manner consistent with Section VIII hereof entitled "Competitive Proposals",
ce" Administrative procedures shall be established by the County Manager or his designee for
utilization of the design criteria professional concerning the evaluation of the proposals
submitted by the design/build firms, the supervision or the approval by the County of the work
drawings of the project and evaluation of the project construction with the design criteria
package.
D~, The Board of County Commissioners may declare a public emergency, where appropriate and
authorize the using agency to negotiate an agreement for Board approval with the best qualified
design-build firm available at that time,
X, Small and Disadvantaqed Minoritvand Women Business Enterorises
A. Policv Statement: Collier County stands committed to providing equal opportunities to small
businesses and disadvantaged business enterprises (DBE), minority business enterprises
(MBEs) and women enterprises (WBEs) as well as to all vendors, consultants, contractors and
subcontractors who seek to do business with the County.
Pursuant to this policy, Collier County will require its vendors, consultants, contractors and
subcontractors to provide qualified small businesses and DBE's with an equal opportunity to
participate in the formal competitive processes for the procurement of commodities and
services by the County,
The Policy is not intended to require or to allow partiality toward or discrimination against any
small business or DBE, MBE, WBE, or any other vendor, consultant, contractor or
subcontractor on the basis of gender, race or national origin, or other such factors, but rather to
help ensure that small businesses and DBEs, MBEs, WBEs, and all qualified vendors,
consultants, contractors and subcontractors have an equal opportunity to participate in the
County's formal competitive processes. Nothing in this Policy shall be construed to provide for
or require any preference or set-aside based on gender, race, national origin or any other such
factor.
9
Agenda Item No, 10B
October 10, 2006
Page 17 of 31
B. Definitions: For purposes of this policy, the term "small business" shall have the same definition
as set forth under Section 288.703.(1), F.S.
The term "DBE" shall include any "small business" as defined pursuant to Section 288.703(1)
that is at least 51 percent owned or controlled by a person or persons defined as "socially and
economically disadvantaged" individuals pursuant to Section 14-78,602(18), F.A.C.
Reference to these definitions, however, shall in no way be construed to provide that the
County has adopted or is subject to the provisions of the Statute or Code referenced herein.
C. Implementina Measures: In an effort to implement this policy, the County may undertake the
following measures:
1. Designate the Purchasing Director to administer this policy.
2. Utilize outreach programs to identify, register and educate small businesses and DBEs,
MBEs and WBEs to participate in the procurement/contract process including, but not
limited to:
a. Attending trade fairs which include representatives from these enterprises.
b, Attending meetings and social events wherein these enterprises.
c. Utilizing publications aimed at reaching these enterprises.
d. Utilizing directories and other reference sources that list these enterprises.
e. Publicizing this Policy to encourage these enterprises to participate in the County's
procurement process.
f. Other actions designed to identify these enterprises who seek to provide commodities
and services to the County.
3. Maintain a list of these enterprises.
4. Disseminate information regarding competitive opportunities with the County in order to
allow qualified small businesses and DBEs, MBEs and WBEs to participate in the County's
procurement process.
D. Conformitv with Applicable Law: The provisions of this section shall be construed in conformity
with applicable state and federal law. To the extent that state law conflicts with federal law,
federal law shall supersede such state law.
XI. PAYMENT OF INVOICES
A. It is the intent of the Board of County Commissioners that all agencies under its purview be in
compliance with Section 218.70 F.S., otherwise known as the "Florida Prompt Payment Act".
Pursuant to this, the requirements of this section shall apply to the following transactions:
1. The purchase of commodities and services;
2. The purchase or lease of personal property;
3. The lease of real property.
B. It shall be the responsibility of the Collier County Finance Director, in consultation with the
Purchasing Director and using agencies, to establish, distribute and administer procedures for
the timely payment of all transactions as defined under XI.A hereof. Such procedures shall
include, but not be limited to the following:
1. Formally defining the County's requirements for the content and submission of a proper
invoice, codifying the County's payment requirements and formally notifying each vendor of
their availability.
10
Agenda Item NO.1 OB
October 10, 2006
Page 18 of 31
2, Steps required for the receipt of all invoices and the prompt retum of improper invoices.
3. Steps required for the resolution of payment disputes between the County and a vendor.
C. Each December, the Finance Director and the Purchasing Director shall submit a joint report to
the Board listing the number and total dollar amount of interest penalty payments made during
the preceding fiscal year,
XII. PAYMENT OF DUES FOR MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS
County funds may be used to pay for dues for membership in a professional or other organization
provided that such expenditure meets the following criteria:
1. Such membership is deemed necessary to meet duties and responsibilities required by Federal,
State or local mandate or to facilitate proper professional development.
2, The organization of membership is of a non-profit nature.
3, Sufficient funds are available within the proper appropriation unit/summary code.
XIII. STANDARDIZATION. COOPERATIVE PURCHASING AND GOVERNMENTAL CONTRACTS
A. Where standardization is determined to be desirable by the Director, the purchase of
commodities may be made by negotiation with the approval of the Board of County
Commissioners if more than the competitive bid limit or by the County Purchasing/General
Services Director if less than or equal to the competitive bid or negotiation threshold.
B. The Director shall have the authority to approve purchases under State of Florida and
Federal GSA cooperative contracts. The Director shall also be authorized to join with other
units of government in cooperative purchasing ventures prior or subsequent to award when in
the best interests of the County, If funds have already been budgeted, no further Board action
will be required, In authorizing all such purchases under pre-existing agreements, the
Director shall have determined that the term and conditions of the purchase are
competitive in the market and favorable to the County.
C, Purch3E:oE: m3de under St3tO of Florid3 contr3ctE: will be governod 3E: follO'.vc:
Above $25,QOO: Require Board approval and prior roview by the P~rGha6:ing Director or hi6:
ge6:i€jnee.
$2l3,QOO er le6:c Roquiro tho prier C1f'lpmvClI of tho Pl:Jrchal>ing Departmont.
$1 ,gOO er lel>l>: Re(;juire tho prior approval of thE) authorized E:ign3tory,
XIV. CONTRACT ADMINISTRATION
A. Contract Document: Every procurement of contractual services or commodities shall be
evidenced by a written document containing all provisions and conditions of the procurement.
Said document shall include, but not be limited to:
1. A listing of the scope of services to be performed or commodities to be purchased,
2, A provision specifying the criteria and the final date by which such criteria must be met for
completion of the contract.
3. A provision specifying the terms of cancellation by the County and where applicable, a
provision specifying the terms of renewal.
4, Where applicable, a provision establishing the appropriate types and levels of insurance to
be carried by the vendor. Said provision shall be employed in a manner consistent with
minimum insurance standards approved by the Board of County Commissioners.
11
Agenda Item No. 10B
October 10, 2006
Page 19 of 31
5. Where applicable, pursuant to Section 287.J.6133 F.S., a provision requiring the
contractor/vendor to inform the County if he/she has been convicted of a public entity crime
subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be sufficient documentation of the
procurement. The Purchasing Director shall have the discretion to determine the circumstances
under which a purchase order (and all documents included by reference) shall serve as the
contract document.
B. Contract Manaaer: Every procurement of services shall be administered by the using agency
(requesting department).
C. Contract Chanaes: Notices issued under a purchase or contract may be authorized and
executed by the Purchasing/General Services Director, excepting notices that terminate a
Board-approved purchase or contract in its entirety. Modifications to a Board approved
purchase or contract, including but not limited to change orders, supplemental agreements,
amendments and changes by letter may be authorized and executed by the
Purchasing/General Services Director provided that the change (or the sum of the changes)
amounts to not more than the greater of (i) 10 percent of the current Board approved amount. or
(ii) $10,000.
The proviso at the end of the previous paragraph shall not be applicable to term contracts or
blanket purchase orders where the County desires to procure commodities and/or services on
an as needed basis without having to obligate itself to a total contract amount. Rather, such
purchases shall be based on fixed unit prices or other predetermined pricing methods and shall
be limited in quantity by the amount of funds appropriated in the budget of the using
agency(ies). Such purchases shall be subject to all other provisions of this policy.
Notices that terminate an entire purchase or contract that was Board approved, and contract
modifications that increase the total contract amount beyond the limits set forth above as
applicable, shall require the approval of the Board of County Commissioners or as otherwise
provided for in this policy, The Board shall have broad authority, within the limits of the law, to
evaluate and approve any recommended contract modification without requiring further
competition.
D. Contract Extension: Extension(s) of a Board-approved contract for commodities or services may
be requested by the contract manager to the Purchasing/General Services Director in writing for
a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms and
conditions set forth in the initial contract. The Purchasing/General Services Director shall have
the authority to authorize and execute all such extensions. Any extension(s) that exceed six
months (cumulatively) shall be approved by the Board of County Commissioners. Extensions of
contracts that do not (inclusive of the extension) exceed the formal competitive threshold may be
authorized and executed by the Purchasing/General Services Director without Board action.
E, Contract Renewal: The Purchasing/General Services Director shall have the authority to
authorize and execute renewals of contracts for commodities and/or services subject to the
following conditions:
1. That the Contractor has performed in a satisfactory manner and that the Director has
received a request to renew from the Contract Manager verifying the Contractor's
satisfactory performance.
2. That the agreement is renewed subject to the terms and conditions set forth in the initial
contract. Costs and terms of any contemplated renewals are included in the invitation to bid
or request for proposals,
3. That the renewal is done on an annual basis, commencing at the end of the initial contract
period. Any such contracts shall not be renewed for more than 3 years unless competitively
procured,
Proposed renewals that fail to meet one or more of the conditions set forth herein will require
the approval of the Board of County Commissioners.
12
Agenda Item No, 10B
October 10, 2006
Page 20 of 31
F. Contract Approval: All formal, bilateral contracts for commodities and services in excess of the
formal, competitive threshold shall be authorized by the Board of County Commissioners, Such
agreements for purchases less than or equal to the formal, competitive threshold may be
authorized and executed by the Purchasing Director, subject to the review and approval for
legal sufficiency by the Office of the County Attomey.
G. Work Orders (Not Under CCNA): The Purchasing/General Services Director may authorize and
execute any work order if the work order is equal to or below such Board approval parameters
for work orders as are set forth in either the Board approved term contract for services under
which the work order is generated, the solicitation document (s) that resulted in the contract or
the Executive Summary that pertains to the contract.
Modifications to a work order may be authorized and executed by the Purchasing/General
Services Director, provided that the work order, as modified, does not exceed $100,000 or if it
does, the change (or sum of the changes) does not exceed 10% of the current Board approved
amount.
The above provisions of the Section G shall not apply to work orders, or modifications to work
orders, govemed by Section VII.C above.
H, Consent to Assiqnments of Contract: For all contracts which exceed the formal competitive
threshold, the Board of County Commissioners shall approve all assignments of contracts
requested by the predecessor contracting party. For such requests for agreements below the
formal competitive threshold, the Purchasing/General Services Director shall have the authority
to approve assignments on behalf of the agency,
I. Authoritv Limitation and Deleqation: Promulqation of Procedures:
The Purchasing/General Services Director may delegate to one or more other Board employees
any or all aspects of the authority vested in the Purchasing/General Services Director to
authorize and/or execute contracts or contract-related documents pursuant to Section VII,C
above and Sections C through G of this Article XIV or otherwise under law.
All authority to authorize and execute documents that is vested pursuant to this Article XIV in
the Purchasing/General Services Director or any other person shall be subject to the limits of
any applicable federal, state or other law,
The Purchasing Department shall be responsible for establishing and maintaining administrative
procedures that set forth any delegations of authority made pursuant to the foregoing provisions
of this Section I, that set forth formal processes for each of the instruments referenced in this
Article XIV, and that are in all respects subject to the provisions of this Article XIV,
These procedures shall also set forth generalized requirements for (i) such pre-execution
reviews of documents by the Office of the County Attorney and (ii) pre-execution reviews of
documents by such other departments, if any, as the Purchasing/General Services Director
determines to be appropriate and advisable,
J, Payments to Contractors. Vendors and Consultants
Prior to the execution of a formal contract subject to this policy, the Purchasing Department
shall have the discretion to establish a formal payment schedule and payment terms within the
agreement. Such terms and conditions shall be consistent with the requirements of all
applicable laws and the formal solicitation documents.
The Purchasing Director, or his designee, shall have the discretion to establish, in writing, a
schedule(s) to periodically reduce the percentage of cumulative retainage held throughout the
course of the project schedule. The discretion of the project manager to reduce the percentage
of cumulative retainage shall be subject to the following:
1, That the term "cumulative retainage" is defined to mean "the dollar total of the funds
retained from all payments issued under the contract divided by the gross dollar total of all
monthly pay requests (or the total of all payment amounts deemed aiiowable by the project
manager, whichever is less)".
13
Agenda Item No, 10B
October 10, 2006
Page 21 of 31
2, That any decision to reduce retainage shall be formally communicated in a letter to the
Contractor's appropriate representative and that the letter affirmatively states that the
Contractor has performed the contract work in a satisfactory manner.
3. That the cumulative retainage not be adjusted until at least 50% of the work has been
completed and payment has been issued.
4. That the Purchasing Director's letter expressly sets forth the percentage of cumulative
retainage to be held for the remaining pay requests.
The Purchasing Director's designee shall also be granted the discretion to authorize the partial
release or payment of contract retainage to the contractor prior to final completion of all project
work provided that:
1. The contractor has performed in a satisfactory manner to date.
2. The total aggregate work under the agreement is at least 50% completed and accepted (Le.;
payments equaling at least 50% of the contract amount less retainage have been issued)
3. The retainage to be released is pursuant to the full and final completion of a specific task(s),
assignment(s) or milestone(s) identified in the agreement.
4. The retainage dollar amount to be released is based upon and consistent with the prevailing
percentage of cumulative retainage being held at the time that the retainage is released.
XV. PERFORMANCE AND PAYMENT BONDS
A contractor or vendor shall provide a surety bond from a surety company to guarantee full and
faithful performance of a contract obligation and the payment of labor and material expended pursuant
to a contract whenever, and in such amounts, as required by statute or otherwise as deemed
necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution
operating within the State of Florida (or other alternative forms of surety as permitted under
Florida law) may be sufficient in place of the performance bond if so provided for in the bid and
contract documents. All such bonds or letters of credit shall be approved as to form by the County
Attorney.
XVI. UNAUTHORIZED PURCHASES
No County officer or employee shall intentionally order, other than by Field Purchase Order, the
purchase of any commodities or services, or make any contract within the purview of this policy other
than through the Purchasing Director, Any purchase order or contract made contrary to the provisions
hereof shall not be approved and the County shall not be bound thereby. All purchases made within
the provisions of this Policy shall be made with a Field or Regular Purchase Order, whichever is
appropriate.
A. Exceptions: This section shall not apply to the payment of premiums for insurance policies that
have been acquired through prior Board action. This section shall not apply to nor supersede
Resolution Nos, 86-30, 86-209 and 87-16.
XVII. PROHIBITION AGAINST SUBDIVISION
No contract or purchase shall be subdivided to avoid the requirements of this Policy.
XVIII. PROTEST OF BID OR PROPOSAL AWARD
The purpose of this section is to accommodate legitimate protests concerning formal competitive
invitations and recommended contract awards above the competitive bid or proposal thresholds prior
to award of contract by the Board of County Commissioners.
A. Any actual or prospective bidder or respondent to an Invitation for Bids or a Request for
Proposals, who alleges to be aggrieved in connection with the solicitation or award of a
contract, (hereafter referred to as "the protesting party") may protest to the Purchasing Director,
who shall serve as the sole recipient of any and all notices of intent to protest and all formal
protests.
14
Agenda Item No. 108
October 10, 2006
Page 22 of 31
B. All formal protests with respect to an Invitation for Bids or a Request for Proposals shall be
submitted to the Purchasing Director in writing not less than four hours prior to the opening of
bids or the closing time for acceptance of proposals. The Purchasing Director, in consultation
with the contract manager (and other appropriate County staff), shall have the authority to
address all such protests received under subsection B and to determine whether postponement
of the bid opening or proposal closing time is appropriate. The Purchasing Director's decision
shall be considered final and conclusive unless the protesting party files a subsequent formal
protest of the recommended contract award as described under this section,
C. Any actual or prospective bidder or respondent to an invitation for bids or a Request for
Proposals who desires to formally protest a recommended contract award shall submit a notice
of intent to protest to the Purchasing Director within two (2) calendar days, excluding weekends
and County holidays, from the date of the initial posting of the recommended award.
15
Agenda Item No. 10B
October 10, 2006
Page 23 of 31
D. All formal protests with respect to a recommended contract award shall be submitted in writing
to the Purchasing Director for a decision. Said protests shall be submitted within five (5)
calendar days, excluding weekends and County holidays, from the date that the notice of intent
to protest is received by the Purchasing Director.
The formal protest shall contain, but not be limited to the following information:
1. Name and address of County agency affected and the bid number and title.
2. The name and address of the protesting party.
3. A statement of disputed issues of material fact. If there are no disputed material facts, the
written letter must so indicate.
4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations,
statutes, and constitutional provisions entitling the protesting party to relief.
5. A demand for the relief to which the protesting party deems himself entitled.
6. Such other information as the protesting party deems to be material to the issue.
E, In the event of a timely protest of contract award consistent with the requirements of this
section, the Purchasing Director shall not proceed further with the award of the contract until all
appropriate administrative remedies as delineated under this section have been exhausted or
until the Board of County Commissioners makes a determination on the record that the award
of a contract without delay is in the best interests of the County. Neither the protesting party,
their agents or their representatives shall have any private contact or discussions with individual
County Commissioners or any independent hearing officer (where applicable) regarding the
protest prior to the protest being heard or reviewed by either of the aforementioned unless
requested to do so by the Purchasing Director.
F. The Purchasing Director shall review the merits of each timely protest and in consultation with
the contract manager and other appropriate County staff, issue a decision stating the
reasons for the decision and the protesting party's rights of appeal under section XVIII. Said
decision shall be in writing and mailed or otherwise furnished to the protesting party. The
decision of the Purchasing Director shall be final and conclusive unless the protesting party
delivers a subsequent written objection to the Purchasing Director within two (2) calendar days,
excluding weekends and County holidays from the date of receipt of the decision,
G, In the event of a subsequent objection pursuant to subsection F, the County Manager shall
have the discretion to appoint an independent hearing officer to review the facts relevant to the
protest. The appointed officer will have a maximum of 60 days to schedule and conduct a
hearing into the matter and issue a finding of fact and a opinion in writing to the County
Manager for submission to the Board of County Commissioners. Prior to commencement of the
hearing, the protesting party shall be required to post a cash surety in an amount equal to one
(1) percent of the using agency's estimate of the contract amount or one-thousand dollars
($1,000), whichever is less. Should the Hearing Officer find in favor of the County, the
protesting party shall forfeit the surety as partial payment for undue delay, Otherwise, the surety
will be returned to the protesting party.
H. In the event that the protest cannot be resolved by mutual consent, the matter will be referred to
the Board of County Commissioners for final resolution.
I. Failure to file a formal protest within the time and manner prescribed by Section XVIII shall
constitute a waiver of the right to protest by any protesting party as defined by subsection A of
this section.
XIX. CONTRACT CLAIMS
All actual or prospective claims arising against the County from contractors, vendors or any other
party in direct privity with the County to provide commercial commodities or services shall first be
directly addressed by the parties' administrative representatives in a manner consistent with the
agreement between the parties.
16
Agenda Item NO.1 OB
October 10, 2006
Page 24 of 31
All claims pertaining to agreements including construction services shall be subject to alternative
dispute resolution procedures as set forth under County resolution # 01-339 or its successor enabling
resolution(s) and the thresholds established therein.
For all other prospective or actual claims or disputes not subject to the alternative dispute resolution
procedure referenced herein, the Purchasing Director shall have the discretion to arbitrate or mediate
the claim or dispute or may appoint an independent third party to do so within the authorization
threshold limits of this policy,
XX. EMERGENCY PURCHASES
A. Bv County Manaqer: In case of an emergency which requires immediate purchase of
commodities or services in excess of the formal competitive threshold, the County Manager
shall be empowered to authorize the Director to secure by open market procedure as herein set
forth, any commodities or services. The County Manager shall have the authority to act in the
case of any emergency including the issuance of emergency change orders/supplemental
agreements. Any emergency action shall be reported at the first available regular or special
meeting of the Board of County Commissioners. The County Manager shall further be
authorized to approve payment(s) to vendors at the time of or shortly after purchase should the
circumstances warrant.
B. Bv Purchasinq Director: In case of any emergency which requires immediate purchase of
commodities or services equal to or less than the formal competitive threshold, the Purchasing
Director shall be empowered to secure such services and commodities by open market
procedure as herein set forth, Such action shall be reported immediately to the County Manager
when appropriate.
This section in no way constrains the provisions of Collier County Ordinance No, 84-37.
XXI. INSPECTION AND TESTING
The Director shall inspect, or supervise the inspection of, or cause to be inspected, all deliveries of
supplies or services to determine their conformance with the specifications set forth in an order or
contract.
A. Inspection bv Usino Aqencv: The Director shall have the authority to authorize using agencies
having the staff and facilities for adequate inspection to inspect all deliveries made to such
using agencies under rules and regulations which the Director shall prescribe.
B, Testinq: The Director shall have the authority to require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary to determine their quality
and conformance with specifications. In the performance of such tests, the Director shall have
the authority to make use of laboratory facilities of any agency of the County or of any outside
laboratory.
XXII. SURPLUS SUPPLIES AND TANGIBLE PERSONAL PROPERTY
All using agencies shall submit to the Director, at such times and in such form as shall be prescribed,
reports showing stocks of all tangible personal property which are no longer used or which have
become obsolete, worn out or scrapped.
A. Transfer: The Director shall have the authority to transfer surplus stock to other using agencies.
B. Sale: The Director shall have authority to sell all supplies of a value less than the limits
proscribed under Chapter 274 F.S" which have become unsuitable for County use, Gf---t9
oxch3nge, or trado in tho E:amo, for now E:upplioE:, Sales under this section shall be made to the
highest responsible bid and in conformance with Ch3pterE: 125 aM Section 274, F.S. ^II E:uch
&310E: 3m to gO rocerdBd in offici31 B03rd r-ninwtBE:, 3E: roqwirgg by E:t3tutO. a3loE: 0l:jw31 to or in
exceE:E: of the rgfBrencog E:t3t6ltOry limitE: E:h311 roquiro prier 3ppmY31 of tho B03rd of COblnty
CommiE:E:ionorE:. The Director shall be authorized to approve all sales where the net revenue
to the County does not exceed $50,000. All sales exceeding $50,000 in net revenue to the
County will be approved by the Board prior to completing the sale or conducting the sales
event.
]7
Agenda Item No, 10B
October 10, 2006
Page 25 of 31
C. Trade In: The Director shall be authorized to approve purchases that include the "trade in"
of existing items (including assets) pursuant to the purchase of new, replacement or
upgraded items/services.
D. Donation: Operating departments under the purview of the Board of County
Commissioners shall be authorized to accept items donated to the County. The receipt of
all items not considered to be assets as defined under Florida law is to be documented by
a letter from the operating department director to the donating entity. Items considered to
be assets are to be documented using the appropriate forms and forwarded to the Fixed
Assets Section of the Clerk of Courts Finance Division. Documentation is to include, but
not be limited to; the date the asset(s) was received; the estimated fair market value of the
asset(s); a description of the asset(s); a serial number if applicable and the fund/cost
center under which the asset(s) will be assigned.
E. Disposition of Assets: The Director shall have the authority to determine whether
previously-acquired items (including assets) that are no longer useful to the agency
have commercial value and if not, to dispose of such items in an appropriate manner with
or without offering such items for sale, trade or donation to other entities. The Fixed
Assets Section of the Clerk of Courts' Finance Division will submit a quarterly report to the
Board that identifies any assets that are disposed of under the provisions of this
subsection.
XXUk CENT~.l~TORe~
Tho Dirostor shall sontrol and sl:Jporviso stororooms and shall adR'linistor thG same.
1\. Assoblntina Prosesblre: RO~blisitions fer sut:lt:llies H"0R'l Contr:al gtoros will be oreditod ey the
Purchasing DopnrtmGnt to the stororoom's revolving fund by :3 charge a9ainct tho appropriation
ofths I:Jsin~ a9om;", or br Invoico.
a. Invsnterv: Tho Dir9stor shall maintain a perpotl:Jal inventory r9sord of all materials, suppliss or
eGj6lipment stored irl e:tGrsrooms.
~ COPieR PROGR,^.M
,^-II common photooopying functions \\'ill bo under tho diroction of tho Purchasing Direotor. Tho
Purch:;lsing Department shall 8<my Oyt thG rosponsi13i1ities of tho pumh:;lsing sqblipmsnt :me
sblpplies, rogyl:;ltiGns, SGrvioo ane Rlainten:;lnsG, maintaining mGords and furnishing thG FinanoG
DGpartment with nGsossary data to sGjuitably Ghg~G blsin~ eGpartmonts fur Gopying servicos,
Copiers 61soe t9 benefit :;I solo blser are exeA=lpted and :;Iro the responsibility of the 61sing departA=lent.
XXIII. PURCHASING CARD PROGRAM
The Director shall be responsible for the overall management and operation of the County's
purchasing card program. For the purpose of this policy, a purchasing card is a credit card
officially assigned to specific employees under the purview of the Board of County
Commissioners' agency for the purpose of transacting small and/or strategic purchases. The
Director shall be authorized to assign cards to employees for these purchases. The Director
shall have the authority to establish the following dollar limits for each assigned card:
A. Sin~:lIe Transaction Limit: Not to exceed $1,000 per card unless otherwise authorized by
the Board.
B. Monthlv SDendina Limit: Not to exceed $10,000 per card unless otherwise authorized by
the Board.
C. Strateaic Purchases: The Director may utilize (or delegate the authority to other
Purchasing Department staff to utilize) a purchasing card to place orders that exceed the limits
set forth under this section in instances where one or more of the following is true:
1. Where the purchase is to address a valid public emergency; or
2. Where the County will earn revenue through card program rebates; or
18
~
XXIV.
~
XXV.
~
XXVI.
~
XXVII.
~
XXVIII.
Agenda Item NO.1 OB
October 10, 2006
Page 26 of 31
3. Where a vendor is requiring the County to order by purchasing card.
In all such instances, the Director shall ensure that the purchase has been approved subject to
all other provisions of this policy. All fixed assets purchased using a purchasing card shall be
properly recorded and tracked through the Fixed Assets Section of the Clerk of Courts
Finance Division.
The language of this section is not intended to supersede the provisions of Collier County
Resolution 2006.49.
SEVERABILITY
If anyone or more of the provisions of this Policy should be held contrary to any provision of law or
contrary to express law, though not expressly prohibited, or against public policy, or shall for any
reason whatsoever be held invalid, then such provision(s) shall be null and void and shall be deemed
severable from the remaining provisions of this Policy and in no way shall affect the validity of all other
provisions of this Policy.
REPEAL PRIOR AND CONFLICTING
All resolutions and policies or parts of resolutions and policies, in conflict herewith, be and the same
are hereby repealed.
EFFECTIVE DATE
An official copy of this Policy shall be filed in the office of the Clerk to the Board of County
Commissioners immediately after enactment and this Policy shall take effect at that time.
CONFLICT OF INTEREST
When procuring commodities or services using County funds, each entity and employee under the
purview of the Board of County Commissioners shall comply with all applicable state and federal laws
concerning conflict of interest. For state or federal Community Development Block Grant-funded
projects, entities and employees shall comply with the requirements of Part 85, Section 36(b)(3) of the
Housing and Urban Development Code.
DEBARMENT AND SUSPENSION
The Board shall grant authority to County staff to suspend and/or debar vendors, contractors,
consultants and other interested and affected persons from active participation in obtaining County
contracts, The purpose of any such action shall be to protect the County's interests and the integrity
of the County's contracting process. The suspension and debarment processes shall be considered
to be separate from and in addition to the award evaluation and vendor performance evaluation
processes authorized elsewhere in this policy.
A. Definition of Terms: For the purposes of this section, the following terms have been defined as
follows:
1, Affiliate refers to associated business entities or individuals that control or could control
the contractor or are controlled by the contractor or could be controlled by the contractor.
2. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent
jurisdiction.
3. Contractor means any individual or legal entity that:
a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or
reasonably may be expected to submit offers for or be awarded, a County contract for
construction of for procurement of commodities and services, including professional
services; or
b, Conducts business, or reasonaolY may be expected to conduct business, with the
County as an agent, surety, representative or subcontractor of another contractor.
]9
Agenda Item NO.1 OB
October 10, 2006
Page 27 of 31
c. For the purposes of this section, the terms "vendor" and "consultant" shall have the
same meaning as "contractor" and the term "sub consultant" shall have the same
meaning as the term "subcontractor".
4, Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by
any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes
a conviction entered upon a plea of no 10 contendere.
5. Debarment means action taken by the County to exclude a contractor from County
contracting and County-approved subcontracting for a reasonable, specified period as
provided herein.
6. Preponderance of the Evidence means proof by information that, compared with that
opposing it, leads to the conclusion that the fact at issue is more probably true than not.
7. Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or
services to a party deemed to be a contractor under this section.
8. Suspension refers to action taken by the Purchasing/General Services Director (hereinafter
referred to as "the PGS Director") to temporarily disqualify a contractor from County
contracting or County-approved subcontracting,
B. Suspension: The Purchasing/General Services Director shall have the authority to suspend a
contractor, subcontractor or person from consideration for award of contracts if there appears to
be a reasonable basis for debarment as set forth under Section XXXIX, If a suspension
precedes a debarment, the suspension period shall be considered in determining the
debarment period. The suspension period shall not exceed three months without the approval
of the County Manager. A decision to suspend by the Purchasing/General Services Director
shall be considered final and conclusive with no right of appeal.
C. Debarment:
1. Causes for Debarment The prospective causes for debarment include one or more of the
following:
a. Conviction for commiSSion of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the performance of
such contract or subcontract.
b. Conviction under state or federal law of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other offense
indicating a lack of business integrity or business honesty which currently, seriously and
directly affects responsibility as a contractor.
c. Conviction under state or federal antitrust laws arising out of the submission of bids,
proposals or other competitive offers,
d. Violation(s) of county contract(s) provisions, which is (are) deemed to be serious and to
warrant debarment, including the failure, without good cause, to perform in accordance
with the terms, conditions, specifications, scope, schedule or any other provisions of the
contract( s).
e. Refusal to provide bonds, insurance or other required coverages and certifications
thereof within a reasonable time period.
f. Refusal to accept a purchase order, agreement or contract, or perform accordingly
provided such order was issued timely and in conformance with the solicitation and
offer received.
g. Presence of principals or corporate officers in the business of concern, who were
principals within another business at the time when the other business was suspended
or debarred within the last three years under the provisions of this section.
h. Violation of the ethical standards set forth under applicable state or county laws.
20
Agenda Item No.1 08
October 10, 2006
Page 28 of 31
i. Debarment of the contractor by another public agency.
j. Any other cause deemed to be so serious and compelling as to materially affect the
qualifications or integrity of the contractor.
2. Debarment Procedure:
a. The county department requesting the debarment action shall submit to the PGS
Director a written complaint setting forth the reason(s) for seeking debarment and shall
identify a recommended debarment period.
b, The PGS Director shall review the complaint, verify whether it is compliant with the
provision of this policy, direct any appropriate changes and forward the complaint to the
contractor,
c. The contractor shall review the complaint and shall provide a written response (with
supporting documentation) to each allegation. The response shall be provided to the
PGS Director within 10 (ten) business days of receipt of the allegations submittal. In
the event that the contractor fails to respond to the complaint within the prescribed time
period, the complaint, as forwarded to the contractor, shall become an effective
debarment decision without further appeal.
d, In the event that the contractor files a timely and complete response to the complaint
and the debarment action is based upon a conviction, judgment or other event(s) where
there is no significant dispute over material facts, the PGS Director shall determine the
period of debarment on the basis of the undisputed material information set forth or
referenced in the complaint, the contractor's reply and the parameters set forth in this
section, In the event that the Contractor objects to the PGS Director's decision, the
Contractor shall have a maximum of three business days to file an appeal of the
debarment decision with the PGS Director. The appeal will be forwarded to and
considered by the County Manager (or his designee), who will review the debarment
record compiled by the initiating department and the contractor. Should the County
Manager overturn the PGS Director's decision; the County Manager shall formally cite
the reasons for doing so.
e, In the event that the contractor files a timely and complete reply to the complaint and
where the facts are in dispute, the Purchasing Department will convene a debarment
committee (hereinafter referred to as "the committee") consisting of at least three
individuals who will review the complaint and the contractor's reply, The County
Manager or his designee shall formally appoint the committee, which will generally
consist of county employees, none of whom shall be a member of the department
initiating the complaint. At the discretion of the County Manager, a member from
private industry with a particular area of relevant expertise may be appointed to the
committee, provided that this member is not a direct or indirect competitor of the firm in
question. The Office of the County Attorney shall appoint a representative to attend the
hearing. The representative shall not be considered a voting member of the committee,
but shall be available to provide legal counsel to the committee as necessary. All
members appointed to serve on the debarment committee shall disclose, to the PGS
Director, or his designee, any actual or prospective conflicts of interest at the time of
appointment or at the time in which the member becomes aware of the actual or
prospective conflict.
f. The PGS Director, or his designee, shall chair the committee and serve as the
Purchasing Department's representative to the committee. The Purchasing
representative shall preside over and facilitate the deliberations of the committee as a
non-voting member and serve as the County's liaison to the Contractor in the
debarment process. All voting committee members are prohibited from having any
communication regarding the debarment issue outside the committee deliberations with
any of the parties involved in the specific debarment or their representatives until after
the committee decision has been issued or, in the event of an appeal of that decision by
21
Agenda Item NO.1 OB
October 10, 2006
Page 29 of 31
the Contractor, until the conclusion of the appeal process. All committee deliberations
are subject to Section 286.011 F .S.
g. Where the material facts are in dispute, the committee shall evaluate the evidence,
judge the credibility of witnesses and base its decision upon the preponderance of the
evidence. Should the contractor fail to appear at the debarment hearing, the contractor
shall be presumed to be unqualified and or non-responsive and shall be subject to
debarment. The committee decision shall be by a majority vote of those voting
members in attendance. The committee shall be the sole trier of fact. In the event that
the committee decides to impose debarment, the debarment decision will formally
include, but not be strictly limited to the following information:
1) The specific reasons for the debarment;
2) The scope of the debarment; and
3) The period of debarment, including the effective and expiration dates.
The committee's decision shall be issued in writing within 20 business days of the
conclusion of the hearing unless the committee extends this period for good cause,
h. The PGS Director shall forward the committee's decision to the contractor and affiliates
involved. Should the Contractor object to the committee's decision, the Contractor shall
have a maximum of three business days to file an appeal of the debarment decision
with the PGS Director, The appeal will be forwarded to and considered by the County
Manager (or his designee), who will review the debarment record compiled by the
initiating department, the contractor and the committee. Should the County Manager
overturn the committee's decision; the County Manager shall formally cite the reasons
for doing so.
3. Debarment Period:
a. At its sole discretion, the committee shall determine the period of debarment. The
debarment period shall be commensurate with the severity of the cause(s) and in
no event shall be the debarment period exceed five years without the approval of
the Board.
b. At its sole discretion, the committee (having the same or different composition)
may reduce the debarment period upon a written request from the contractor to do
so, based on one or more of the following reasons:
1, Newly discovered material evidence;
2, A reversal of the conviction, civil judgment or other action upon which the
debarment was based;
3. Bona fide change in ownership or management;
4. Elimination of other causes for which the debarment was imposed; or
5. Other reasons that the committee might deem appropriate.
The contractor's request shall be submitted to the PGS Director in writing and shall
be based on one or more of the aforementioned reasons.
c. The decision of the committee regarding a reduction of the debarment period is
final and not subject to appeal.
4. The Effects of Debarment:
a. Debarred contractors are excluded from receiving County contracts. Departments
shall not solicit offers from, award contracts to, or consent to subcontractors with
debarred contractors, unless the County Manager or his designee determines that
emergency or single source conditions exist and grants written approval for such
actions. Debarred contractors are excluded from conducting business with the
County as agents, representatives, subcontractors or partners of other contractors.
22
10/02/06
Agenda Item NO.1 OB
October 10, 2006
Page 30 of 31
b. The Purchasing Department shall notify all Board departments of the final
debarment decision and the effects of that decision with regard to conducting
business with the debarred entity(ies) during the debarment period.
5, Continuation of Current Contracts:
a, Departments may not renew or otherwise extend the duration of current contracts
with debarred contractors in place at the time of the debarment unless the PGS
Director or his designee determines that it is in the best interests of the County to
allow the contractor to continue or finish the work within an additional, limited
period of time.
b. Debarment shall constitute grounds for terminating an open agreement with a
contractor, However, the contract manager may permit completion of an open
contract(s) provided that the debarred contractor has performed in a satisfactory
manner to date under the open contract(s) unless otherwise directed by the PGS
Director.
6. Restrictions on Subcontracting:
a. When a debarred contractor is proposed as a subcontractor for any subcontract
subject to County approval, the department shall not consent to subcontracts with
such contractors unless the County Manager or his designee determines that
emergency or single source conditions exist, thus justifying such consent and
approves such decision.
b. The County shall not be responsible for any increases in contract costs or other
expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 6,a provided that the subcontractor was
debarred prior to the submission of the applicable bid or proposal offer.
~ The Scope of Debarment: Debarment applies to all officers, principals, directors, partners,
qualifiers, divisions or other organizational elements of the debarred contractor, unless the
debarment decision is limited by its terms to specific divisions, organizational elements or
commodity/services. The committee's decision includes any existing affiliates of the
contractor if they are specifically named and are given written notice of the proposed
debarment and an opportunity to respond. Future affiliates of the contractor are subject to
the pre-existing terms of the committee's decision.
23
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 108
October 10, 2006
Page 31 of 31
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
108
Recommendation to ModerniZe and Update The Countys PurchaSing POliCY, (Steve Carnell.
Director, Purchasing)
10/10/20069:00:00 AM
Purchasing/General Svcs Director
Date
Approved By
Steve Carnell
Administrative Services
Purchasing
9/28/200610:56 AM
Administrative Services Administrator
Date
Approved By
Len Golden Price
Administrative Services
Administrative Services Admin.
9/29/2006 1:44 PM
Administrative Assistant
Date
App roved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
9/29/2006 2:25 PM
Management & Budget Analyst
Date
App roved By
Laura Davisson
County Manager's Office
Office of Management & Budget
10/21200610:07 AM
Management & Budget Director
Date
Approved By
Michael Smykowski
County Manager's Office
Office of Management & Budget
10/2/200611:36AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
10/212006 1 :51 PM
Item Number:
Item Summary:
Meeting Date:
Agenda Ilem No. 10C
October 10, 2006
Page 1 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10C
Recommendation to approve and execute an Agreement far Sale and Purchase with
Marande Enterprises, Inc. for the purchase of 1004 improved acres on RadiO Road and
DavIs Boulevard for Collier Are8 Transit and Para Transit operalions wIth fleet mamtenance
at a cost not to exceed $8,570,000 (Norman Feder, Administrator, Transportation Services)
10/10/20069.00:00 AM
Date
Prepared By
Charles E. Carrington, Jr.,
SR/WA
Administrative Services
Real Estate Services Manager
Facilities Management
10/4/20061:56:23 PM
Skip Camp, C.F.M.
Facilities Management Director
Date
App roved By
Administrative Services
Facilities Management
10/4120062:16 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation ServIces Admin.
10/4/20062:17 PM
Approved By
Diane B. Flagg
Transportation Services
Director A TM Director
Date
Alternative Transportation Modes
1014/2006 2:30 PM
Sharon Newman
Accounting Supervisor
Date
Approved Br
Transportation Services
Transportation Services Admin
10/412006 3: 18 PM
Approved By
James V. Mudd
-
Board of County
Commissioners
Management & Budget Director
Date
Approved By
Michael Smykowski
County Manager's Office
County Manager
Date
County Manager's Office
10/4/20063:37 PM
Office of Management & Budget
10/4/2006 3:59 PM
.-
Agenda Item No. 10C
October 10, 2006
Page 2 of 18
EXECUTIVE SUMMARY
Recommendation to approve and execute an Agreement for Sale and Purchase
with Morande Enterprises, Inc. for the purchase of 10.04 improved acres on Radio
Road and Davis Blvd. for Collier Area Transit and Para Transit operations with
fleet maintenance at a cost not to exceed $8,575,000.
OBJECTIVE: To obtain approval to purchase the Morande automobile dealership property
(Property) and improvements located at 8300 Radio Road. The property is intended to be used
for "Collier Area Transit and Para Transit" (Transit) office operations, bus parking, fleet
maintenance, ticket sales, passenger, park and ride, and fueling of vehicles.
,....-
CONSIDERATIONS: Transit operations are currently housed at the County's County Barn
Road Fleet Maintenance Facility. This facility is in the process of being remodeled to include
the Sheriffs Office fleet maintenance operations. Consideration was given to Transit operations
remaining at this facility as well, but staff was not able to purchase adjoining property required to
expand the facility in order to accommodate the three operations. For full construction to
proceed on schedule, Transit needs to vacate the County Barn Road property within the next
twelve months. Other sites were considered but only two were found to be of sufficient size:
the Morande automobile dealership property and vacant property located in the Citygate
industrial development. The cost of the Citygate property combined with the estimated cost to
construct a facility is more costly than the Morande property, plus the time required to purchase
the property and design, permit, and construct a facility (approximately forty-two months) would
not allow Transit to vacate the County Barn Road property on schedule. Furthermore, access
and egress from the Citygate property presents significant challenges based on current traffic
volumes and development plans around 1-75/ SR 951 / SR 84 intersections.
The Morande automobile dealership property located approximately 600 feet west of the
intersection of Radio Road and Davis Blvd. is on the market for sale. Three existing buildings
on the Property contain approximately 37,558 square feet with 13,000 square feet of office
space and 24,558 square feet of automobile garage and detailing area. The buildings sit on
approximately 10.04 acres with access to both Radio Road and Davis Blvd. A few of the
buildings' special features are dedicated computer and phone rooms, vehicle hydraulic lifts, and
large parts storage area. The buildings have conference and training rooms, an employee
lounge area, customer waiting areas, and sufficient rest rooms. Approximately 4 acres of the
Property are vacant and will allow for future expansion and bus parking.
,-
Staff has been successful in negotiating the purchase price of the Property from Morande
Enterprises, Inc. (Seller) for $8,349,600. The Morande property has a Planned Unit
Development (PUD) zoning designation. This PUD zoning designation essentially only allows
uses for a new and used car dealership. Furthermore, there are PUD requirements that are
presently out of compliance which have resulted in Code Enforcement violations and fines in the
amount of $150,400 that are outstanding against the Property. The County will be assuming the
responsibility of mitigating these items so the total purchase price is $8,500,000. Two
independent real estate appraisers gave value of the Property at $8,500,000 and $8,525,000.
Associated closing costs, and costs of the appraisals, building inspection, survey, and
environmental assessment will be approximately $70,000 and approximately $5,000 in
application costs associated for a Conditional Use. The attached Agreement for Sale and
Purchase (Agreement) provides that should the County default under the terms of the
Agreement, the County will pay the Seller $30,000 as liquidated damages
Agenda Item No, 10C
October 10, 2006
Page 3 of 18
The Seller does not actually have title to the Property but instead has a lease with the option to
purchase which will be exercised prior to the County closing on the purchase. Seller is also the
debtor in a Chapter 11 bankruptcy case pending in the United States Bankruptcy Court, and
Seller's obligations under the Agreement are subject to the prior approval by order of the
Bankruptcy Court authorizing the sale of the Property.
The purchase is subject to studies, and an environmental assessment, and a building inspection
reporting that the Property can be utilized for its intended purposes; that the Property is in
compliance with all applicable State and Federal environmental laws and free from any pollution
or contamination; and that all structures and improvements on the Property are sound, and all
systems, fixtures, and appliances are in good and safe operating condition. Closing of the
transaction will take place on or before December 29, 2006. The Agreement has been reviewed
and approved by the Transportation Division, Facilities Management Department, and the
County Attorney's Office.
When the PUD zoning designation was approved on February 4, 1986, a contingency was
placed on the property in the form of a restrictive covenant which limited the use of the property
to a car dealership. The owner therefore placed restrictive covenants on the Property limiting
the use to a car dealership per the direction of the BCC. Once the PUD was approved, the
County was supposed to release the covenants and cause the release document to be recorded
in the public records. In July, 2005, Zoning Department staff reviewed the subject PUD at the
request of the Transportation Department and expressed concerns with the proposed CAT
uses, as they relate to the list of allowable uses in the PUD. Based on the list of permitted and
accessory uses, the proposed transfer station and other proposed uses for the CAT facility are
not listed as permitted or accessory uses. Also, as noted in the Growth Management Plan
(GMP) consistency review provided by David Weeks, staff could not support a PUD amendment
or a rezoning to permit the full range of the proposed CAT uses because those uses are not
consistent with the GMP. However, a later analysis revealed that the possibility exists to use
the site for a CAT facility if the use could be classified as a Government facility, a type of
"essential service." Specifically, subsection 2.01.03. G.1.e. of the LDC provides that
Government facilities, including where not identified as a permitted use in this section, and
safety service facilities such as including law enforcement, fire, and emergency medical
services may be approved in every zoning district, with some stated exceptions, as a conditional
use. The term "government facilities" is not specifically defined in the LDC and encompasses a
broad range of land uses associated with the operation of the local government. Furthermore,
an abbreviated analysis of the same GMP issues reveals no inconsistency with the Future Land
Use Element of the GMP through conditional use approval.
Through this executive summary and should the Board opt to purchase the property, staff is
also therefore requesting that the covenants now be released.
Initially the Property will be used for CAT and Para Transit administrative offices, vehicle
maintenance and servicing, and CAT and Para-transit storage and parking. Future uses
include ticket sales, park and ride, the transfer of passengers, and the fueling of vehicles.
FISCAL IMPACT: The total costs of the transaction will not exceed $8,575,000 and will be
funded from the Transportation Supported Gas Tax Fund projects (61002 Transfer Site for CAT,
61010 Transit Enhancements, and 35010 Transit Operations Center) in the amount of
$5,706,588.18. A budget amendment is needed to transfer funds in the amount of
$2,868,411.82 from Gas Tax Reserves and appropriate within project 35010 Transit Operations
Center. Grant funds may be identified and reallocated for this purchase to offset the funding
coming from Gas Tax Reserves. Additional grant funds may be secured at a later date to
Agenda Item NO.1 OC
October 10, 2006
Page 4 of 18
further offset the use of the Gas Tax Reserve. Funds from Gas Tax Reserves that are being
provided may be paid back from grants that are reallocated or acquired at a later date.
GROWTH MANAGEMENT IMPACT: This transaction will have no impact on the Collier County
Growth Management Plan, Should the Board of County Commissioners approve this purchase
and opt to use the property for a future CAT facility, the appropriate Growth Management Plan
analysis will be conducted at the time of application for rezoning or Conditional Use.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the attached Agreement for Sale and Purchase;
2. Authorize the Chairman to execute the Agreement on behalf of the Board;
3. Direct staff to expedite the processing of a conditional use application for the County.
4. Authorize the preparation of related vouchers and Warrants for payment;
5. Approve the necessary budget amendments;
6. Authorize the Chairman to execute a release of the covenants recorded in OR Book
1142, Page 448, once prepared and approved as to legal sufficiency by the County
Attorney's Office;
7. Direct the County Manager or his designee to proceed to acquire the subject
property, to follow all appropriate closing procedures, to accept the deed, to record
the deed, the Release of Covenants, and record all necessary documents (after
approval by the County Attorney's Office) to obtain clear title to the Property;
8. Waive the accruing of fines, in connection with pending Code Enforcement action
CEB No. 2004-002, if and when the County acquires title to the Property.
REPARED BY: Charles E. Carrington, Jr., SRIWA; Real Estate Services / Facilities
Management Department
-
AGREEMENT FOR SALE AND PURCHASE
Agenda Item No. 1 DC
October 10, 2006
Page 5 of 18
THIS AGREEMENT is made and entered into by and between Morande Enterprises
Inc, a Florida corporation (hereinafter referred to as "Seller"), and Collier County, a
political subdivision of the State of Florida,(hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain Lease/Agreement to Purchase dated
January 18, 2002 (the "Lease Agreement"), which provides for Seller to purchase
certain improved real property, located in Collier County, State of Florida, and being
more particularly described in Exhibit "A", attached hereto and made a part hereof by
reference .
WHEREAS, Purchaser is desirous of purchasing the Property from Seller once Seller
has acquired good and marketable title to the Property, subject to the conditions and
other agreements hereinafter set forth, and Seller is agreeable to such sale and to such
conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the property described in Exhibit "A, II together with all rights, privileges,
tenements, hereditaments and appurtenances pertaining to the land, and all buildings,
structures, other improvements, and those trade fixtures listed on Exhibit "B" (the
"Fixtures") attached hereto (hereinafter "Property").
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Pricell) for the Property shall be EIGHT
MILL10N THREE HUNDRED FORTY NINE THOUSAND SIX HUNDRED DOLLARS
($8,349,600) (U.S. Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSINGII, OR "CLOSING") of
the transaction shall be held on or before December 29, 2006, unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the Collier
County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples,
Florida. The procedure to be followed by the parties in connection YJith the Closing
shall be as follows:
1
Agenda Item No. 1 DC
October 10, 2006
3.011 Seller shall convey a marketable title free of any liens, encumbri"~$,of 18
exceptions, or qualifications. Marketable title shall be determined according
to applicable title standards adopted by the Florida Bar and in accordance
with law. At the Closing, the Seller shall cause to be delivered to the
Purchaser the items specified herein and the following documents and
instruments duly executed and acknowledged, in recordable form:
3.0111 Special Warranty Deed in favor of Purchaser conveying title to
the Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Gode and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.0115 An affidavit asserting proper notice to creditors of sale of the
Property with no objection, an Order approving sale of property by
bankruptcy court and any other documents necessary to convey a
marketable and insurable title and consummate this transaction as
reasonably determined by Purchaser's counselor title company.
3.0116 A Public Disclosure Affidavit as required by s. 286.23, Fla. Stat.,
disclosing all beneficial owners of the Seller.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be
delivered to the Seller a negotiable instrument (County Warrant) in an amount
equal to the Purchase Price subject to adjustments for all pro-rations and
closing costs as set forth herein. No funds shall be disbursed to Seller until
the Title Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the commitment,
referenced in Section 4.011 thereto, and the Title Company is irrevocably
committed to pay the Purchase Price to Seller and to issue the Owner's title
policy to Purchaser in accordance with the commitment immediately after the
recording of the deed.
3.02 Each party shall be responsible for payment of its own attorney's fees. To the
extent that transfer of the Property will be pursuant to the plan of reorganization of the
Seller and not subject to taxation under any state or local law imposing a stamp,
transfer or similar tax in accordance with Sections 1146(c) and 105(a) of the
2
Agenda Item No. 10C
October 10, 2006
Bankruptcy Code, documentary stamps will not be paid by Seller. Seller agrEJ~!etbof 18
include a provision in the deed transferring title to the Property which restates the
exemption provided by Section 1146(c) of the Bankruptcy Code. Seller shall pay the
cost of recording any instruments necessary to clear Seller's title to the Property. The
cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided
for in Section 4.011 below, shall be paid by Purchaser. The cost of the title
commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the deed. Real Property taxes shall
be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and any other applicable exemptions and paid by
Seller.
If Closing occurs at a date which the current year's millage is not fixed, taxes will be
prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties (the "Effective Date") or at such
other time as specified within this Article, Purchaser and/or Seller, as the case may be,
shall perform the following within the times stated, which shall be conditions precedent
to the Closing.
4.011 Within fifteen (15) days of the Effective Date, Purchaser shall obtain, as
evidence of title, an AL TA Commitment for an Owner's Title Insurance Policy
(AL TA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement,
the title shall be deemed acceptable. Upon notification of Purchaser's
objection to title, Seller shall have twenty (20) days to remedy any defects in
order to convey good and marketable title, except for liens or monetary
obligations which will be satisfied at Closing. Seller, at its sole expense, shall
use its best efforts to make such titfe good and marketable. In the event
Seller is unable to cure said objections within said time period, Purchaser, by
providing written notice to Seller within seven (7) days after expiration of said
twenty(20) day period, may accept title as it then is, waiving any objection; or
Purchaser may terminate the Agreement. A failure by Purchaser to give such
written notice of termination within the time period provided herein shall be
deemed an election by Purchaser to accept the exceptions to title as shown in
the title commitment.
3
Agenda Item No, 10C
October 10, 2006
4.013 Seller agrees to furnish any existing surveys of the Property in SSt~%of 18
possession to Purchaser within ten( 10) days of the Effective Date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within seven (7) days of
receipt of said written notice from Purchaser. Purchaser shall have sixty (60)
days from the Effective Date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
seven (7) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said seven (7) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept
the Property with the encroachment, or projection, or lack of legal access.
4.014 Anything to the contrary not contained herein notwithstanding,
Purchaser acknowledges that: a) Seller is a debtor in possession in the
Chapter 11 bankruptcy case styled In re Morande Enterprises, Inc., Case No.
9:05-bk-00699-ALP (the "Bankruptcy Case"). pending in the United States
Bankruptcy Court for the Middle District of Florida, Tampa Division (the
"Bankruptcy Court"), and (b) Seller's obligations contained herein are subject
to the prior approval by order of the Bankruptcy Court authorizing the sale of
the Property and the consummation of the transaction contemplated in this
Agreement. Seller currently intends to obtain such approval by including the
Agreement in its plan of reorganization and/or any amendments thereto.
4.015 Purchaser understands and agrees that Purchaser is purchasing the
Property subject to Code Enforcement action, CEB No. 2004-002, and
Gallman Oldsmobile Dealership PUD violations which Buyer maintains exist
against the Property as of the Effective Date of this Agreement. Seller
understands and agrees that Purchaser, at it sole option, has the right to
terminate this Agreement should any additional code violations be filed
against the Property between the Effective Date and Closing Date. Seller
further understands and agrees that if Purchaser instead elects to close this
transaction despite any additional code violations being filed against the
Property between the Effective Date and the Closing Date, the Purchase Price
shall be reduced by an amount equal to the costs to satisfy such code
4
Agenda Item No, 10C
October 10, 2006
violations thereby reducing the Net Cash to Seller due at Closing. FSelterof 18
remains responsible for completing PUD Monitoring reports for 2005 and
2006..
4.016 Purchaser understands that Seller is the owner of an option to purchase
the Property pursuant to a Lease/Agreement to Purchase dated January 18,
2002, by and between FRVG, LLC ("FRVG") and the Seller (the "Option").
The Seller shall file a motion to assume such Option in the Bankruptcy Case
prior to the Closing date and shall obtain good and marketable title from
FRVG, LLC, prior to the Closing. Seller's failure to obtain good and
marketable title from FRVG, LLC, shall constitute grounds for termination of
this Agreement by Purchaser and shall not entitle Seller to damages provided
in 10.02 below.
V. APPRAISAL PERIOD--DELETED.
VI. INSPECTION PERIOD
6.01 Seller is selling Property in "as is" condition. Purchaser shall have sixty (60) days
from the Effective Date of this Agreement, ("Inspection Period"), to determine through
appropriate investigation that:
6.011. Soil tests and engineering studies indicate that the Property can be
developed without any abnormal demucking, soil stabilization or foundations.
6.012. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
6.013. The Property can be utilized for its intended purpose.
6.014. All structures and improvements on the property are sound, and all
systems, Fixtures and appliances are in good and safe operating condition.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection
Period, written notice of its intention to terminate this Agreement. The fact that Seller is
selling the Property "as is" does not affect Purchaser's ability to terminate this
Agreement for any reason whatsoever during the Inspection Period. If Purchaser fails
to notify the Seller in writing of its specific objections as provided herein within the
Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of
its investigations and the contingencies of this Article VI shall be deemed waived. In the
event Purchaser elects to terminate this Agreement because of the right of inspection,
5
Agenda Item No. 10C
October 10, 2006
Purchaser shall deliver to Seller copies of all engineering reports andenvirortmenM'1of 18
and soil testing results commissioned by Purchaser with respect to the Property.
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation. Purchaser
shall, in performing such tests, use due care. Seller shall be notified by Purchaser no
less than twenty four (24) hours prior to said inspection of the Property.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
right to inspect the Property at any time prior to Closing and during Seller's possession
of the Property pursuant to 8.01.
VIII. POSSESSION and RISK OF LOSS
8.01 Purchaser shall be entitled to full possession of the Property at Closing, however,
Purchaser agrees to allow Seller thirty (30) days from Closing to vacate the Property
and remove all personal property not listed on Exhibit "B." The Property shall be
delivered to Purchaser broom clean and free of all debris and refuse. All property not
listed on Exhibit "B" shall be removed by Seller no later than thirty (30) days after
Closing. Any such property remaining thirty (30) days after the date of Closing shall
be deemed abandoned by Seller and will become the property of the Purchaser.
8.02 Seller shall maintain the Property (including all improvements, structures and
Fixtures) in the condition existing on the Effective Date, except for ordinary wear and
tear, until thirty (30) days after Closing, or such time as Seller vacates the premises as
contemplated herein, whichever is earlier. Any future loss and/or damage to the
Property, as defined in 1.01, between the Effective Date and the date of vacation, shall
be at Seller's sole risk and expenses. Seller agrees to maintain adequate casualty
insurance on the Property until such time as it vacates the premises.
IX. PRORATIONS
9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 2006 taxes, and shall be paid by
Seller.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
6
Agenda Item No. 10C
October 10, 2006
10.02 If the Purchaser has not terminated this Agreement pursuant to anyPeflEltflleof 18
provisions authorizing such termination, and Purchaser faits to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right
to terminate and cancel this Agreement by giving written notice thereof to Purchaser,
whereupon $30,000 shall be paid to Seller as liquidated damages which shall be
Seller's sole and exclusive remedy, and neither party shall have any further liability or
obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers),
hereof. The parties acknowledge and agree that Seller's actual damages in the event
of Purchaser's default are uncertain in amount and difficult to ascertain; and that said
amount of liquidated damages was reasonably determined by mutual agreement
between the parties, and said sum was not intended to be a penalty in nature.
10.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of
the parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder.
11.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction conte"l>lated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
11.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed
to the said Property shall not be deemed to be full performance and discharge
of every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or
other governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
7
Agenda Item No, 1 DC
October 10, 2006
Page 12 of 18
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof during the term of the Lease
Agreement and subject to the terms therein.
11.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
11.017 Seller represents that there are no incinerators on the Property. Seller
represents that they have (it has) no knowledge that any pollutants are or
have been discharged from the Property, directly or indirectly into any body of
water. Seller represents the Property has not been used for the production,
handling, storage, transportation, manufacture or disposal of hazardous or
toxic substances or wastes, as such terms are defined in applicable laws and
regulations, or any other activity that would have toxic results, and no such
hazardous or toxic substances are currently used in connection with the
operation of the Property, and there is no proceeding or inquiry by any
authority with respect thereto. Seller represents that they have (it has) no
knowledge that there is ground water contamination on the Property or
potential of ground water contamination from neighboring properties. Seller
has no actual knowledge of underground storage tanks for gasoline or any
other substances being located on the Property at any time during or prior to
Seller's ownership thereof. Seller represents none of the Property has been
used as a sanitary landfill.
11 .018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation
with which Seller has not complied, excepting the subject matter of Collier
County Code Enforcement Board Case No. 2004-002.
11.019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property .
11.020 Seller has no knowledge that there are any suns, actions or
arbitration, bond issuances or proposals therefore, proposals for public
8
Agenda Item No, 10C
October 10, 2006
improvement assessments, pay-back agreements, paving agreementi:afil@)aS of 18
expansion or improvement agreements, utility moratoriums, use moratoriums,
improvement moratoriums, administrative or other proceedings or
governmental investigations or requirements, formal or informal, existing or
pending or threatened which affects the Property or which adversely affects
Seller's ability to perform hereunder; nor is there any other charge or expense
upon or related to the Property which has not been disclosed to Purchaser in
writing prior to the Effective Date of this Agreement.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller win not cause the zoning or physical oondition of the
Property to change from its existing state on the Effective Date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
11.023 Seller represents, warrants and agrees to indemnify, reimburse,
defend and hold Purchaser harmless from any and all costs (including
attorney's fees) asserted against, imposed on or incurred by Purchaser,
directly or indirectly, pursuant to or in connection with the application of any
federal, state, local or common law relating to pollution or protection of the
environment which shall be in accordance with, but not limited to, the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980,42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was
amended and upgraded by the Superfund Amendment and Reauthorization
Act of 1986 ("SARA"), including any amendments or successor in function to
these acts. This provision and the rights of Purchaser, hereunder, shall
survive Closing and are not deemed satisfied by conveyance of title.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing and sent by facsimile, with automated
confirmation, hand delivery or registered or certified mail, return receipt requested,
postage prepaid, addressed as follows:
9
If to Purchaser:
With a copy to:
If to Seller:
With a copy to:
Agenda Item NO.1 OC
October 10, 2006
Page 14 of 18
Charles E. Carrington, Jr.
Real Estate Services
Facilities Management Bldg, oW"
3301 Tamiami Trail East
Naples, Florida 34112
Tele: (239) 774-8475
Fax: (239) 793-3795
Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
James A. Morande, Jr.
Morande Enterprises, Inc.
8300 Radio Road
Naples, Florida 33942
Tele: (239) 455-5191
Fax: (239) 354-1132
Lisa Schiller, Esq.
Rice Pugatch Robinson, & Schiller, PA
Tower 101, Suite 1800
101 Northeast Third Ave.
Ft. Lauderdale, Florida 33301
12.02 The names, numbers and addresses set forth above may be changed by either
party by giving written notice of such change to the other party in the manner provided
herein. For the purpose of changing such name, number or address, unless and until
such written notice is received, the last addressee, respective address or number
stated herein shall be deemed to continue in effect for all purposes.
12.03 Notice shall be deemed received upon physical receipt or upon 5:00 p.m. on the
third (3rd) day after certified or registered mail has been postmarked by U.S. Postal
Service.
XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller. Seller has retained Coldwell Banker Commercial NRT and agrees to indemnify
Purchaser and hold Purchaser harmless from and against any claim or liability for
commission or fees due Coldwell Banker Commercial NRT and/or any broker or any
10
Agenda Item NO.1 OC
October 10, 2006
other person or party claiming to have been engaged by Seller as a real estate BNmep, of 18
salesman or representative or a procuring cause of this Agreement.
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context
so requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or
intent of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as the
context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any provision
of this Agreement shall be applicable only to the specific instance to which it is related
and shall not be deemed to be a continuing or future waiver as to such provision or a
waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday. Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
14.08. In the event this transaction is not exempt pursuant to Sections 1146(c) and
105(a) of the Bankruptcy Code, Seller shall be responsible for documentary stamps in
accordance with s. 201.01, Fla. Stat.
14.09. This Agreement is governed and construed in accordance with the laws of the
State of Florida. The United States Bankruptcy Court for the Middle District of Florida
shall have jurisdiction over all claims, controversies, disputes or other matters arising
out of or related to this transaction or this Contract or its breach. Purchaser agrees that
venue shall be in the Middle District of Florida.
xv. ENTIRE AGREEMENT
11
Agenda Item No, 10C
October 10, 2006
Page 16 of 18
15.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party. No modification or amendment of this Agreement shall be of any force
or effect unless made in writing and executed and dated by both Purchaaer and Seller.
TIME IS OF THE ESSENCE on this Agreement.
[signature page follows]
IN WITNESS WHEREOF, the parties hereto have signed below.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
I Deputy Clerk
Frank Halas, Chairman
4. d as tt fO?:! legal sufficiency
. . eX ~ ./<IA~
ssista.t C..nt, Attorney
AS TO &It''EkZ
DATED: ~ 0---<'
MORAN DE ENTERPRISES, INC.
A. Morande,
-,
esident
BY:
~~<<U ~ ~ ~
:n~~1S~~t~:~t .
(Printed Name)
12
Agenda Item No. 10C
October 10, 2006
Page 17 of 18
EXHIBIT "A"
lEGAL DESCRIPTION OF PROPERTY
Being a portion of the NW % of the NW % of Section 3, Township 50 South, Range 26
East, Collier County, Florida; and being more particularly described as follows:
Commence at the Northwest corner of said Section 3, run thence N891154'20"E along
the Northerly line of said Section 3, 440.57 feet; thence SOOSl05'40"E 50.00 feet to the
POINT OF BEGINNING, and also being in the Southerly right-of-way line of Radio
Road (C.R. 856); thence N89Q54'20"E along said Southerly right-of-way line, 380.65
feet; thence SOOQ31'13"W, 1147.78 feet, to the Northerly right-ot-way line ot State Road
84, said Northerly right-of-way line being a curve to the Southwest, having a radius of
2939.79 feet, and whose chord bears S32255' 16"W for 187.70 feet; thence along the
arc of said curve 187.73 feet; thence N48Q09'02"W 357.67 feet; thence N00205'40"W
1 066.00 feet to the POINT OF BEGINNING;
lESS AND EXCEPT THE FOllOWING DESCRIBED PARCEL:
A parcel of land lying in Section 3, Township 50 South, Range 26 East, Collier County,
Florida, and being more particularly described as follows: Commencing at the
Northwest corner of said Section 3, thence N89Q53'12"E along the Northerly line of said
Section 3 for a distance of 440.57 feet; thence leaving said Northerly line SOOQ06'48"E
for a distance of 50.00 teet to an intersection with the existing Southerly right-ot-way
line of Radio Road (C.R. 856) to the POINT OF BEGINNING of the herein described
parcel ot land;
Thence N89Q53'12"E along said Southerly right-ot-way line for a distance of 380.65
feet; thence leaving said Southerly line S00230'11"W for a distance of 42.62 teet to a
point of intersection with a non-tangent curve from which the radius point bears
S11Q09'05"W; thence Northwesterly along said curve, concave Southwesterly, having a
radius of 914.64 feet, a central angle of 11215'53" for an arc distance of 179.82 feet to a
point of tangency; thence S89Q53'12"W for a distance of 201.52 feet; thence
N00206'48"W for a distance ot 25.00 feet to the POINT OF BEGINNING.
Containing 10.04 acres, more or less.
13
Agenda Item No.1 OC
October 10, 2006
Page 18 of 18
EXHIBIT "B"
TRADE FIXTURES
All in-ground and above-ground vehicle lifts.
Auto paint booth.
Bulk oil tank delivery system including all hose reel assemblies and dispensers.
Waste oil tank and vacuum system.
Compressed air systems including the two existing compressors and delivery systems
including hose reels.
14
Agenda Item No. 10D
October 10, 2006
Page 1 of 27
,.-.
EXECUTIVE SUMMARY
Recommendation to approve and execute the attached Joint Participation
Agreement (JP A) with Florida Department of Transportation in the amount of
$570,750, with a 50% match of $285,375 over three years, to provide operational
funding for improved frequency of service on Collier Area Transit's existing Red
Route and to consider approval of early start-up service.
OBJECTIVE: To approve and execute the attached Joint Participation Agreement (JP A)
with Florida Department of Transportation in the amount of $570,750, with a 50% match
of $285,375 over three years, to provide operational funding for improved frequency of
service on Collier Area Transit's existing Red Route. Additionally, the Board is being
asked to consider early start-up of service which is non-reimbursable until the JP A is
fully executed by FDOT.
-
CONSIDERATION: Transit Service Development funds are made available each year
through an application process administered by the Florida Department of Transportation
(FDOT). This Joint Participation Agreement (JP A) will provide operational funding for
improved frequency of service on Collier Area Transit's existing Red Route. The
attached JP A is for a 3 year period. While initial plans were to start the expanded service
October 1, 2006 consistent with the Board's approval of the grant application and
subsequent adoption of the FY 2007 budget, the delay in FDOT's delivery of the JPA has
caused delay in provision of the service. The Board is being asked to consider allowing
service to start after the Board's approval of the JPA while FDOT executes the JPA. It
should be noted that the time from start-up of service until the JP A is fully executed will
be non-reimbursable under the matching grant, but overall funding from the three (3) year
grant should still be fully realized.
FISCAL IMPACT: This Service Development Grant of $570,750 will require a 50%
match of $285,375, over a period of 3 years. The adopted FY 07 budget identifies
expansion of the CAT Red Route as an expanded initiative and programs year one of a
three year match commitment (FY 07, FY 08 and FY 09) totaling $95,125 within Collier
Area Transit Fund (426).
GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the
Growth Management Plan.
-
RECOMMENDATION: That the Board approve and execute the attached Joint
Participation Agreement (JP A) with Florida Department of Transportation in the amount
of $570,750, with a 50% match of $285,375 over 3 years, to provide operational funding
for improved frequency of service on Collier Area Transit's existing Red Route. Further,
that the Board approve start-up of the expanded service before FDOT's execution of the
JP A with the knowledge that the county will incur the full costs for service during the
period until FDOT executes the JP A. Overall funding from FDOT should remain as
anticipated even if the Board approves the early start up.
Agenda Item No, 10D
October 10, 2006
Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Page 2 of 27
Attachment: Joint Participation Agreement (JP A)
.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No 100
October 10, 2006
Page 3 of 27
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
100
Recommendalion to approve and execute the attached JOint Participation Agreement (JPA)
with Florida Department of TransportatIOn in the amount of $285,375 to provide operational
funding for Improved frequency of serVlce on Collier Area Transits existing Red Route and to
consider approval of early start-up serV1ce (Norman Feder, Administrator. Transportation
Services)
10110/2006900.00 AM
Senior Planner
Date
Prepared By
Usa Hendrickson
Transportation Services
Alternative Transportation Modes
9/18/200610:58:50 AM
Lisa Hendrickson
Senior Planner
Date
App roved By
Transportation Services
Alternative Transportation Modes
8/29/2006 4:21 PM
Approved By
Diane 8. Flagg
Transportation Services
Director A TM Director
Date
Altemative Transportation Modes
9/21/2006 11 :48 AM
Scott R. Teach
Assistant County Attorney
Date
Approved By
County Attomey
County Attorney Office
9/25/2006 7:47 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
9/26/2006 3:20 PM
Transportation Division Administrator
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Services Admin.
9/26/2006 3:34 PM
Kay Luongo
Grants Coordinator
Date
Approved By
Transportation Services
Transportation Admin
9/2612006 3:51 PM
Approved By
Barbara LaPierre
Transportation Services
Management/Budget Analyst
Date
Traffic Operations
9/26/20064:33 PM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
9/27/2006 11 :08 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
9/28/20068:19 AM
Budget Analyst
Date
App roved By
Mark Isackson
County Manager's Office
Office of Management & Budget
9/29/2006 1 :58 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
9i29/2006 6:57 PM
Agenda Item No, 100
October 10, 2006
Page 4 of 27
JEB BUSH
GOVERNOR
Florida Department of Transportation
801 North Broadway Avenue
Bartow. FL 33830
DENVER J. STUTLER, JR.
SECRETARY
September 14, 2006
Ms. Diane Flagg, Director
Alternative Modes Department
Transportation Services Division
2885 South Horseshoe Drive
Naples, Florida 34104
RE: New Joint Participation Agreement for the Department's State Public Transit Service
Development Program Participation for Improved Frequency of Service on Collier Area
Transit's Existing Red Route
Financial Project Number: 420446-1-84-01
Dear Ms. Flagg:
Enclosed please fmd four (4) original copies of the new Joint Participation Agreement (Agreement) providing
for the Department's Fiscal Year 2006/07 participation, through the State Public Transit Service Development
Program, in Collier County's eligible administrative, management, and operational expenses of providing
public transportation services. Specifically, this Agreement provides Department fimding to Collier County for
improved frequency of service on Collier Area Transit's existing Red Route according to Collier County's
June 2005 "Service Development Project Proposal" Collier County submitted to the Department, and
according to Collier Area Transit's current transit system route map and transit service schedule.
Please execute and return three (3) of the original copies of the project Agreement in accordance with the
enclosed chec_~ ~~~_~'#be fourth (4th) copy ofthe Agreement is for your records.
This Agreement's expiratIOn-date is 'September 30,2009. That date provides for a three-year time project
period as allowed by statute. The Agreement allows for sufficient time for progress reporting and billing
purposes. Please see Exhibits A, B and C of the Agreement.
Please note:
· Paragraph 8.30 of the Agreement entitled, "Disallowed Costs." Do not incur any costs to this project
until you receive a fully executed Agreement from this office. Failure to comply with this provision is
cause for nonparticipation by the Department.
· Paragraph 18.10 in the Agreement entitled, "Final Invoice." This paragraph establishes a time frame
for submitting the final invoice for the projects.
· The enclosed Agreement form (Number 725-030-06, April 2006) is new. It contains updated audit
sections and a new Exhibit D.
District One, Modal Development Office
801 North Broadway Avenue. Post Office Box 1249. Bartow, FL 33831-1249
(863)519-2388 · (863)534-7172 (Fax) · MS ] -39
Agenda Item NO.1 00
October 10, 2006
Page 5 of 27
Ms. Diane Flagg
September 14, 2006
Page 2
If you require additional infonnation or have any questions, please feel free to contact Richard P. Shine,
District Public Transit Administrator, at (239) 461-4300 or at Richard.Shine@dot.state.fl.us.
Sincerely,
-JMAf IL-------
Terry Beacham
District Modal Development Administrator
Modal Development Office
TB: RPS:sbs
Enclosures: 5
cc: Ben Walker, P.E., Manager, Florida Department of Transportation, Intermodal Systems Development (Letter only)
Jolumy Limbaugh, Manager, Florida Department of Transportation, Southwest Area Office (Letter only)
David L. Hutchinson, Florida Department of Transportation, Intergovernmental Liaison (Letter only)
Richard P. Shine, Florida Department of Transportation, District Public Transit Administrator (Letter only)
Agenda Item No. 100
October 10, 2006
Page 6 of 27
JPA REQUIREMENTS
The following information highlights the major requirements of the Joint
Participation Agreement (JPA) between the Florida Department of
Transportation and your Agency. While not including all of the
requirements of the JPA, the list below does include all of the sections
of the agreement that require submittals by your agency to the
Department for review/approval. Adherence to this list of requirements
should minimize any problems in the administration of the proj ect,
however, you should carefully read and understand the entire JPA
including all exhibits.
Section
Description of Requirement(s)
2.40
Submit to the Department all data, records, etc. as
listed in Exhibit IIC" of the JPA.
6.10
Submit to the Department, a copy of the budget for
the proj ec t. This submittal must take place
before the preparation and execution of the JPA.
If federal funds are involved, submit to the
Department a copy of the preapplication and
application.
7.60
Submit to the Department for each fiscal year the
project is open, a copy of your annual agency audit
which conforms to OMB A-128 or A-133.
7.70
Provide to the Department evidence that your Agency
is carrying property and casualty insurance on
project equipment and facilities in the amount
stated in paragraph 4.00 of the JPA.
8.10
File with the Department, requisitions for payments
on forms provided with appropriate data as
justification.
8.12
Agency agrees to comply with the provisions of
Chapter 112.061 F.S. relative to travel expenses.
This includes Agency travel as well as any
consultants or contractors engaged by the Agency.
8.23
Request and obtain the Department I s written
concurrence on all actions specified in the JPA.
8.30
Costs incurred by the Agency prior to the date of
the JPA or without Department concurrence are
ineligible for payment by the Department.
Agenda Item No. 100
October 10, 2006
Page 7 of 27
12.10
All third party contracts, supplemental agreements,
change orders, etc. must have prior written
approval by the Department. Failure to obtain this
approval will result in non-payment of Department
funds.
12.20
If your JPA will fund Consultant Services, then
three separate items are covered in this section:
1)
The Agency
provisions
Consultants
(CCNA) .
must fully
of Section
competitive
comply with the
287.055, F.S.,
Negotiations Act
2) The Agency must involve the Department in the
Consultant selection process.
3) The Agency's attorney must certify to the
Department compliance with the CCNA.
13.10
The Agency shall comply with all the conditions
specified relative to Equal Employment Opportunity
and shall include these provisions in all contracts
related to the project.
13.50
The Agency shall comply with all the provisions
stated in this section regarding prohibited
interests and shall include the specified language
in all contracts, subcontracts, etc.
14.10 &
15.00
The Agency shall submit to the Department
review and concurrence, all proposals, plans
specifications for proj ect equipment
facilities.
for
and
and
16.00
Prior to project closeout, the Agency shall certify
in writing to the Department that the project was
completed in accordance with plans and
specifications, is in place on the Agency Facility,
title is in the Agency and project is accepted by
the Agency.
18.00
Agency agrees to complete project within
specified time or request and justify a
extension prior to JPA expiration.
the
time
21.00
Agency agrees to .comply with restrictions on
lobbying and to include appropriate language in all
contracts, subcontracts, etc.
Exhibits
Agency should be totally familiar with and comply
with all of the information and requirements in
these exhibits.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBUC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Agenda Item No, 10D
October 10, 2006
Page 8 of 27
725-03006
PUBLIC TRANSPORTATION
09106
Page 1 of'4
Financial Project No.: Fund: 010 FLAIR Approp.: 088774
42044618401 Function: 680 FLAIR Obj.: 750012
<nem-segment-phaae-Iequence ) Federal No,: N/A Org, Cocle: 55012020129
Contract No.: DUNS No,: Vendor No.: 5960000558004
CFDA Number. N/A CSFA Number: 55012
THIS AGREEMENT, made and entered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency ofthe State of Florida,
hereinafter referred to as the Department, and Collier County Board of County Commissioners
3301 East Tamiami Trail, Naples, Florida 34112
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before September 30, 2009 and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
341.051
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide for the Department's participation, through the State Transit Service Development Program, in the Agency's
eligible administrative, management, and operational expenses of providing public transportation services
and as further described in Exhibit(s) A, 8, C, and D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
Agenda Item No. 100
October 10, 2006
Page 9 of 27
72Q.03O.Oll
PUBLIC TRANSPORTATION
09106
PIIII" 2 of 14
2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions ofthe
Agreement. the Agency will initiate and consummate. as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "e" attached hereto and by this reference made a part hereof.
3.00 Project Cost The total estimated cost ofthe project is $ 570,750 . This amount"
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 285,375 as detailed in Exhibit "B", or in an amount equal to the
percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It ;s understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in Section 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget,(Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, N/A percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
6.00 Project Budget and Payment Provisions:
Agenda Item No.1 00
October 10, 2006
Page 10 of 27
72~3o.oe
PUBliC TRANSPORTATION
09JDe
Page 3 of 14
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of pUblic funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by property executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouche rs: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a property signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents,
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
The Agency shalf comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
this reference made a part hereof this Agreement.
Agenda Item No. 10D
October 10, 2006
Page 11 of 27
725-03GQl
PUBLIC TRANSPORTATION
09J06
PIIlI8 ~ of 1~
7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section
215.97. Florida Statutes. (see "Audits" below). monitoring procedures may include. but not be limited to. on-site visits by
Department staff, limited scope audits as defined by OMS Circular A-133. and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations. or audits deemed necessary by FOOTs
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, localgovemment. or non-profit organizations as defined in OMS
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year. the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133. as revised.
Exhibit "0" to this agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards.
including Federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMS Circular A-133. as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the
requirements of this part.
2, In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMS C ircutar A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m). Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500.
000 in any fiscal year. the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General.
Exhibit "0" to thi s agreement indicates state financial assistance awarded through the Department by this agr.eement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance. including state financial assistance received from the Department. other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass~through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, Paragraph 1.. the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7). Florida Statutes. This includes submission of a financial
reporting package as defined by Section 21S.97(2)(d), Florida Statutes, and Chapter 10.550 (local govemmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit. the cost of the audit must be paid from the recipienfs resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
725-03006
PUBLIC TRANSPORTATION
09J0!I
PIIll"5of14
Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings. appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department. the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Subm Ission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised. and required
by Section 7.621 of this agreement shall be submitted, when required by Section ,320 (d), OMB Circular A-133, by or
on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation, District One, Modal Development Office
801 North Broadway Avenue, Bartow, Florida 33830
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS Circular
A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and
conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMS Circular A-133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
Florida Department of Transportation, District One, Modal Development Office
801 North Broadway Avenue, Bartow, Florida 33830
In addition, pursuant to Section .320 (t), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the
auditor, to the Department at each of the following addresses:
Florida Department of Transportation, District One, Modal Development Office
801 North Broadway Avenue. Bartow, Florida 33830
Agenda Item NO.1 00
October 10, 2006
Pag~2U3~27
PUBlIC TRANSPORTATION
09106
pege 6 of ,~
3. Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation, District One, Modal Development Office
801 North Broadway Avenue, Bartow, Florida 33830
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4, Copies of reports or the management letter required by Section 7.623 of this Agreement shall be submitted by or on
behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation, District One, Modal Development Office
801 North Broadway Avenue, Bartow, Florida 33830
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and
Chapter 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMS
Circular A-133 or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department.
. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part ofthe audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure
such as airport runways the Department may waive or modify this section.
Agenda Item No. 100
October 10, 2006
Page72~27
PUBLIC TRANSPORTATION
09106
Page 7 of 14
8.00 Requisitions a nd Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
ofTransportation, District One Public Transportation Office 801 North Broadway Avenue, Bartow . FL.
33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7,10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F .S.
8.13 For real property acquired, submit;
the date the Agency acquired the real property,
a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
a statement by the Agency certifying that the appraisal and acquiSition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
(a)
(b)
(c)
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data fumished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
8.30 Disallowed Costs: In determining the amount ofthe payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to gOOds or services received under a contract or other
arrangements which have not been approved in writing by the Department.
Agenda Item No. 10D
October 10, 2006
Pageti~~7
PUBLIC 'TRANSPORTATION
09106
Page 8 of 14
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which It has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Com pletion of Project Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shaH remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
Agenda Item No, 100
October 10, 2006
Page 16 of 27
725-030-06
PUBLIC TRANSPORTATION
09106
Page S or 14
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts, In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Polley and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, Shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR
Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not
discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for sta ndard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions ofthe nondiscrimination clause.
13.20 Title VI - Civ il Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13,30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age,
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
Agenda Item No, 100
October 10, 2006
Page 17 of 27
72t;.03().06
PUBLIC TRANSPORTATION
0SI0ll
PlIllIl 100114
13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the
project or any property included or planned to be included in the project, with any officer, director or employee of the
Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse
or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's
or employee's spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with a ny provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
Agenda Item NO.1 00
October 10, 2006
Page 18 of 27
725-03Q.06
PUBLIC TRANSPORTATION
09106
Page 11 of 14
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support pUblic transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 1 B relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at tria I.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project, The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
8.23,
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature,
Agenda Item No. 100
October 10, 2006
Page 19 of 27
725-03().(l6
PUBLIC TRANSPORT AnON
09106
PlIg8 12 Of 14
17.20 Multi-Year Commitment: In the eventthls Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability I or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
September 3D, 2009 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Secretary or His/Her Designee . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan. the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lObbying the Legislature or a state
agency.
Agenda Item No, 100
October 10, 2006
Page 20 of 27
725-03l>{)6
PUBLIC TRANSPORTATION
09106
P_ 130114
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goodS and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices Which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a property completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of
Financial Services Hotline, 1-800-848-3792.
23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any publiC entity, and may not transact business with any
public entity in excess of the threshold amount provided in s, 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
Agenda Item No. 10D
October 10, 2006
Page 21 of 27
121H1~
PUBLIC TRANSPORTATION
0IlI06
Page 1~ 0114
Financial Project No. 42044618401
Contract No.
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
FOOT
Collier County Board of County Commissioners
AGENCY NAME
See attached Encumbrance Form for date of Funding
Approval by Comptroller
SIGNATORY (PRINTED OR TYPED)
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATURE
DEPARTMENT OF TRANSPORTATION
Director of Production or His/Her Designee
TITLE
TITLE
Collier County
Financial Project Number: 420446-1-84-01
Contract Number:
Service Development Program
Agenda Item NO.1 00
October 10, 2006
Page 22 of 27
EXHIBIT" A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and Collier County Board of County
Commissioners. 3301 East Tamiami Trail. Naples. Florida 34112 referenced by the above
Financial Project Number, dated
PROJECT LOCATION:
Collier County
PROJECT DESCRlPTION: This Agreement provides for the Department's participation,
through the State Transit Service Development Program, in the Agency's eligible administrative,
management, and operational expenses of providing public transportation services. Specifically,
this Agreement provides Department funding to the Agency (Collier County) for".. .improved
frequency of service on Collier Area Transit's existing Red Route..." according to the Agency's
June 2005 "Service Development Project Proposal" (incorporated herein by reference) the
Agency submitted to the Department and according to the Agency's most recent Collier Area
Transit transit system route map and transit service schedule incorporated herein as Exhibit A I.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of
project assistance that will reflect the Department's contract number, Financial Project Number
and the Federal Identification number, where applicable, and the amount of state funding action
(receipt and disbursement of funds) and any federal or local funding action and the funding
action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
I. The Florida Legislature enacted the Public Transit Service Development Program to
provide initial funding for special projects.
2. As required by Department's "Public Transit Service Development Program" procedure,
Topic Number 725-030-005-g, dated December IS, 2004, this Agreement "...shall
specify that if deemed successful by their own measures, Service Development Projects
must be continued by the public provider without additional Public Transit Service
Development Program funds."
3. The "Project Objectives" as stated in Number 6, and the "Criteria for Success" as stated
in Number 8, both in the Agency's June 2005 "Service Development Project Proposal"
(incorporated herein by reference) the Agency submitted to the Department specifically
identify results to be achieved from the implementation of this Agreement.
Page I of 2
Collier County
Financial Project Number: 420446-1-84-01
Contract Number:
Service Development Program
Exhibit A, Page 2
Agenda Item No. 100
October 10, 2006
Page 23 of 27
4. The "Operational Responsibilities," that is, a list of specific actions the Agency will take
to meet the "Project Objectives" are those stated in Number 7, "Operational
Responsibilities," in the Agency's June 2005 "Service Development Project Proposal"
(incorporated herein by reference) the Agency submitted to the Department.
5. Regarding "financial responsibilities," as referenced in the Department's "Public Transit
Service Development Program" procedure, Topic Number 725-030-005-g, dated
December 15, 2004, maximum State funding for a local service development project is
calculated by first subtracting from the total project cost any Federal funds, fares,
contract revenues, Commission for the Transportation Disadvantaged, or other funds to
determine the net project cost The Department may provide up to one-half of the net
project cost, but no more than the amount of funding the Agency is providing.
6. During the term of this Agreement, the Agency will provide to the Department a
minimum of five (5) semiannual reports, and one (1) final report on the progress of the
project provided for herein. The Agency may provide quarterly reports at the Agency's
option. The time periods and the schedule for the progress reports are as follows:
Semiannual Progress Reports: SemianDual Progress Reports:
Reportine: Periods Due-Dates
October l, 2006 - March 31, 2007 April 30, 2007
ADrill, 2007 - September 30,2007 October 31,2007
October 1, 2007 - March 31, 2008 April 30, 2008
ADril1, 2008 - September 30,2008 October 31, 2008
October 1, 2008 - March 31, 2009 April 30, 2009
Final Progress Report: Final Progress Report:
Reportin2 Period Due-Date
Aprill, 2009 - September 30,2009 October 31, 2009, or with the final
invoice, but not later than December 31,
2009
7. As stated in Section 341.051, Florida Statutes, the Department is authorized to fund
Public Transit Service Development Program that will improve system efficiencies,
ridership, or revenues. The Agency must abide by the following specified time
duration(s) for the following eligible functional areas with respect to expenditure of
Public Transit Service Development Program funding under this Agreement seeking
reimbursement from the Department:
a. For projects that improve system operations: A duration of no more than three years;
b. For projects that improve system maintenance procedures: A duration of no more
than three years;
c. For projects that improve marketing and consumer information programs: A duration
of no more than two years, and
d. For projects that improve technology involved in overall operations: A duration of no
more than two years.
Page 2 of2
Agenda Item No, 10D
October 10, 2006
Page 24 of 27
Collier County
Financial Project Number: 420446-1-84-01
Contract Number:
Service Development Program
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and Collier County Board of County
Commissioners. 3301 East Tamiami Trail. Naples. Florida 34112 referenced by the above
Financial Project Number, dated
1.
PROJECT COST:
$570,750.00
Reference: This Agreement provides Department funding to the
Agency (Collier County) for".,. improved frequency of service
on Collier Area Transit's existing Red Route"
(See Exhibit A. "Project Description and Responsibilities."
TOTAL PROJECT COST:
$570,750.00
II. PARTICIPATION:
Maximum Federal Participation
FTA, FAA
( N/A %) or
$0.00
Agency Participation
In-Kind
Cash
Other
(N/A%)or
( 50 %)
( N/A %) or
$0.00
$285,375.00
$0.00
Maximum Department Participation,
Primary
(DS)(DDR)(DIM)(PORT)
Federal Reimbursable (DU)(FRA)(DFT A)
Local Reimbursable (DL)
( 50 %) or $285,375.00
( N/A %) or$O.OO
( N/A %) or$O.OO
TOTAL PROJECT COST
$570,750.00
Page 1 of 1
Agenda Item NO.1 00
October 10, 2006
Page 25 of 27
Collier County
Financial Project Number: 420446-1-84-01
Contract Number:
Service Development Program
EXHIBIT "e"
(General)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State
of Florida, Department of Transportation and Collier County Board of County Commissioners.
3301 East Tamiami Trail. Naples. Florida 34112 referenced by the above Financial Project
Number, dated
Requests for Reimbursement (Invoice Submittals) in accordan~ewith Section 215.422 Florida
Statutes and the requirement of Paragraph 22.00 of this Agreement:
1. Required Submittal Format
The Agency shall submit invoices on forms provided by the Department and prepared i.n
accordance with instructions given by the Department. Back-up, that is, supporting
documentation will include the appropriate items necessary to verify costs incurred and the
eligibility of said costs.
2. Approval of Submittal
Goods or services received under this agreement shall be approved/disapproved by the
Department no later than five (5) working days after receipt, by the District Modal
Development Office, ofa properly prepared and submitted invoice. Should the invoice be
incomplete or incorrect, the Department shall inform the Agency within five (5) working
days of receipt and return the invoice for corrections.
SECTIONS MARKED WITH AN X ARE APPLICABLE TO TIDS AGREEMENT
Safety Requirements
X Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter
14-90, Florida Administrative Code, the Agency shall submit, and the Department
shall have on file, an annual safety certification that the Agency has adopted and is
complying with its adopted System Safety Program Plan pursuant to Rule Chapter
14-90 and has performed annual safety inspections of all buses operated.
10f2
Agenda Item No, 100
October 10, 2006
Page 26 of 27
Collier County
Financial Project Number: 420446-1-84-01
Contract Number:
Service Development Program
Third Party Contracts
The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when
checked below, written approval is hereby granted for:
X 1.
X 2.
X 3.
X 4.
Execution of contracts for materials and/or vehicles from a valid state or inter-
governmental contract.
Other contracts less than $25.000.00 excluding consultant services or construction
contracts. The Department shall require all consultant and construction contracts and
amendments thereto to receive concurrence prior to award.
Recurring, renewable, or on-going operational contracts that have less than a twenty-
five percent (25%) change in total dollar amounts from one year to the next.
Purchase of service contracts where the Agency will provide transportation service
for a fee.
Required Submittals
SUBMITT AL/CERTIFICA TION
RESPONSIBILITY
X Procurement Requests
X Safety Compliance
X Specifications
X Invoices
X Audit Reports
X Project Progress Reports
(In Department approved format)
, .~
Agency
Agency
Agency
Agency
Agency Annually During
Life of Project
See Exhibit A, "Special
Considerations by
Department, "Number 6;
Life of Project
2 of2
Collier County
Financial Project Number: 420446-1-84-01
Contract Number:
Service Development Program
Agenda Item No. 10D
October 10, 2006
Page 27 of 27
EXHIBIT '10"
FEDERAL AND/OR STATE RESOURCES"
72>0J0.06
PUBLIC TRANSPORTATION
04106
FEDERAL and/or STATE resources awarded to the recipient purSuant to this agreement should be listed below. If the resources
awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the
total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the
resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the
same manner as shown here:
. The services and purposes for which the Agency will use the State Public Transit Service Development Program
resources, pursuant to Section 341.051, Florida Statutes, and Rule Chapter 14-73, "Public Transportation, Florida
Administrative Code are the Agency's eligible administrative, management, and operational expenses of providing
public transportation services. Specifically, this Agreement provides Department funding to the Agency (Collier
County) for". .. improved frequency of service on Collier Area Transit's existing Red Route."
FEDERAL RESOURCES
Federal Agency
N/A
Catalog of Federal Domestic Assistance (Number & Title)
Amount
N/A
N/A
Compliance Requirements
1. N/A
-~. N/A
J. N/A
STATE RESOURCES
State Agency
Florida Department of
Transportation
Catalog of State Financial Assistance (Number & Title)
State Public Transit Service Development Program
CSFA No. 55012
Amount
$285,375
Compliance Requirements
I. As set forth in Section 341.051, Florida Statutes, Rule Chapter 14-73, "Public Transportation, Florida Administrative Code, this
Joint Participation Agreement, and its Exhibits A, B, and C
Matching Resources for Federal Programs
Federal Agency
N/A
Catalog of Federal Domestic Assistance (Number & Title)
Amount
N/A
N/A
Compliance Requirements: N/ A
NOTE: Section AOO(d) ofOMB Circular A-B3, as revised, and Section 215.97(5Xa), Florida Statutes, require that the information
about Federal Programs and State Projects included in this exhibit be provided to the recipient.
Page 1 of I
Agenda Item NO.1 OE
October 10, 2006
Page 1 of 41
.-
EXECUTIVE SUMMARY
Recommendation to approve an amendment to the Local Housing Assistance Plan (LHAP)
for fiscal years 2004-2005, 2005-2006 and 2006-2007, including new and updated strategies,
an increase in the maximum allowable home sales price, and other changes as required by
new state law and approved all necessary budget amendments.
OBJECTIVE: To have the Board of County Commissioners (BCC) approve an amendment to
the Local Housing Assistance Plan (LHAP) for fiscal years 2004-2005, 2005-2006 and 2006-
2007, including new and updated strategies, an increase in the maximum allowable home sales
price, and other changes as required by new state law and approve all necessary budget
amendments.
CONSIDERATION: On July 7, 1992 the SHIP Act was signed into law to provide additional
funding to local communities through a documentary stamp tax on real estate transactions to
promote affordable housing. Under the SHIP program Collier County and the City of Naples
receive funds from the State of Florida to provide initiatives to expand affordable housing
opportunities.
As part of this program, the County is required to have a three-year LHAP identifying the
- strategies that will be implemented to address affordable housing needs.
The changes to the LHAP will clarify and make the following changes as noted below:
. Defme the different levels of income for affordable housing
. Define Essential Services Personnel (ESP) as per House Bill 1363
. Update the local housing strategies to provide for increased spending limits due to the
inflationary cost of housing in Collier County and to provide for program income
. Add new housing strategies to provide for displaced persons due to mobile home park
closures and condo conversions per House Bill 1363
. Increase the maximum allowable home sales price to 65 percent of the Collier County
median sales price as determined by the Florida Housing Finance Corporation Bond
Study
. Include and describe incentive strategies that Collier County currently offers to
further the development of affordable housing
FISCAL IMPACT: In FY 2007 the SHIP Program will receive approximately $2,900,000 from
the Florida Housing Finance Corporation. This LHAP will serve as a guideline for the use of all
SHIP funds.
GROWTH MANAGEMENT IMP ACT: This LHAP will allow the County to expand the
affordable housing opportunities of its citizens and further the goals of the Housing Element of
_ the Collier County Growth Management Plan.
Agenda Item NO.1 OE
October 10,2006
Page 2 of 41
LEGAL CONSIDERATIONS: The proposed Resolution and LHAP have been reviewed and
approved as to form and legal sufficiency by the County Attorney's Office. This request is
internally consistent, complies with all applicable laws and is legally sufficient for Board
consideration and approval.
RECOMMENDATION: To have the BCC approve an amendment to the Local Housing
Assistance Plan (LHAP) for fiscal years 2004-2005, 2005-2006 and 2006-2007, including new
and updated strategies, an increase in the maximum allowable home sales price, and other
changes as required by new state law and approve all necessary budget amendments.
PREPARED BY: Lauren Beard/SHIP Program Coordinator
Operations Support and Housing
_.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10E
October 10, 2006
Page 3 of 41
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10E
Recommendation to approve an amendment to the Local Housing AssIstance Plan (LHAP)
for fiscal years 2004.2005. 2005-2006 and 2006.2007, including new and updated strategies,
an Increase in the maximum allowable home sales price, and other changes as required by
new state law and approved all necessary budget amendments (Cormac Giblin, Housing &
Grants Manager, Community Development)
10/10/200690000 AM
SHIP Program Coordinator
Date
Prepared By
Lauren Beard
Community Development &
Environmental Services.
Financial Admin. & Housing
9/22/200612:42:39 PM
Operations Analyst
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
9/28/2006 2:27 PM
Denton Baker
Financial Admin & Housing Director
Date
Approved By
Community Development &
Environmental Services
Financial Admin. & Housing
9/2912006 9:44 AM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
9129/2006 3:58 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
10/3/20068:52 AM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's Office
Office of Management & Budget
1013/20062:39 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
10/3/20064:42 PM
Agenda Item No, 10E
October 1 0, 2006
Page 4 of 41
RESOLUTION NO. 2006-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE LOCAL
HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2004-2005,
2005-2006, AND 2006-2007, AS REQUIRED BY THE FLORIDA
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM;
INCREASING THE PURCHASE PRICE LIMIT; ADDING NEW
DEFINITIONS; UPDATING HOUSING STRATEGIES; ADDING NEW
INCENTIVE STRATEGIES; AND PROVIDING FOR AN EFFECTIVE
DATE,
WHEREAS, the Florida State Legislature enacted the William E. Sadowski
Affordable Housing Act on July 7, 1992 (the "Act"), Section 420,907, et seq., Florida
Statutes, and Chapter 91-37, Florida Administrative Code, as a comprehensive funding
package for state and local housing programs to better enable local governments to meet
their responsibilities for affordable housing in accordance with their comprehensive
plans; and
WHEREAS, pursuant to the Act, the State will allocate a portion of new and
existing documentary stamp taxes on deeds to local governments for development and
maintenance of affordable housing; and
WHEREAS, the Board of County Commissioners of Collier County, Florida,
enacted Collier County Ordinance No, 93-19 on April 13,1993, codified as Article III of
Chapter 114 of the Collier County Code of Laws and Ordinances, known as the Collier
County Housing Initiatives Partnership (SHIP) Program; and
WHEREAS, through Resolution No, 2004-155, the Board of County
Commissioners adopted a three year Local Housing Assistance Plan (LHAP) outlining
the intended use of SHIP funds for fiscal years 2004-2005, 2005-2006, and 2006-2007;
and
WHEREAS, recently adopted House Bill 1363 requires that certain changes must
be made to Local Housing Assistance Plans; and
WHEREAS, increased median sales prices In the housing market in Collier
County have outpaced the current LHAP program's ability to function in this market,
requiring an increase in the program's purchase price limit if Collier County is to
continue to assist low income buyers in purchasing homes in this area; and
WHEREAS, Collier County is updating its strategies in order to be more effective
in the current housing market; and
Page 1 of2
Agenda Item No. 10E
October 10, 2006
Page 5 of 41
WHEREAS, definitions are being added to include the various median income
limits as defmed by Housing and Urban Development (HUD).
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Collier County, Florida, that the Collier County and City of Naples, FL State Housing
Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for the
State of Florida Fiscal Years 2004/2005,2005/2006, and 2006/2007, a copy of which is
attached to this Resolution, is hereby amended as set forth in such attachment, which
amendments include the following provisions:
1. The maximum sales price for SHIP Funds under the Local Housing
Assistance Program has been increased from $254,250 to $300,000 per unit.
2. Section I (P) has been added to include the defmitions of Essential
Services Personnel, Extremely Low Income, Very Low Income, Low Income, Moderate
Income, Program Income and Recaptured Funds.
3. Housing Strategies have been updated to reflect the changing needs of the
community.
4. Incentive Strategies have been added to reflect current policies that pertain
to affordable housing,
5. The Housing Delivery Goals Chart of the 2005-2007 LHAP has been
updated to reflect the new strategies and changes to current strategies.
BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon its approval, and that it be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this 10th day of
October, 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to legal form and sufficiency:
Jeffrey A. Klatzkow
Managing Assistant County Attorney
Page 2 of2
M
~ ~~
~~~
$ ~~
, ~
~
~
I
~
i
~
co
""0
C
(!)
OJ
<{
.;J
~
g
o
o
to U
!i E ):
0: -g ~
~ ! ~
i !
It'l
o
o
N
~
o
o
N
z
o
i= ~'
<( w
e::: ~ ~
o 1~;3
Q. '1:1: (f)
e::: I- u:
o ~w
U J: ~
W (..) l;;
U ~ ~
Z cti~
<( 0 Z
Z C) <I:
>-..J
LL. 0:: a.
C) ~ ~
Z::;~
- WI-
en C (f)
::) C) en
o z ~
J: en I e>
:JZ
<( 10 en
C'J:=>
-' 0
e::: :c >.
o <i! ~
...J U 0
LL. Of-U
...J i;
w ,=
:c (5
I- U
,~
o
u...
(f)
w
e>
w
I-
<I:
~
I-
(f)
III 2
IJ.. '0 c
I- :::>
OLOOOOOOOLO
~ M ~
~
::
III 'E
w ~ ~
0.
'"
:.
~ =s
c ~i~
1-
:x:
UI
to
~
~ :
to "0
U 0 c
U 0.
:; :r
o III
S
:f
o
o
!-.i
i:2
en
co
'"
oi
'"
;; 0
0. ..
" "0
ID '" C
~ c..
.t: :;:
~ III
in
"
l:
::l
u...
III
:is
.!!!
"n;
>
c:(
o
to 0
o ~
U III CO
~ ~ ~-
<C t: 0 l.O
o 0. ~
() :f ri
~cnY)
z
~I"
III :;;
~ ~
.. "
:E
o
:it 'E
:::>
~ ?f!. ~ e!!-
m (0 0 0
o .,.... 0 0
cri MOO
..... ~
o 0 0 0
o 0 0 0
~ 0 0 0
co 0 <h <h
L() 0
Iii Iii
L() N
~ 10
M'"
<h
o 0
o 0
o 0
o Y)
o
Iii
N
L()
""
'" ltl
C C
ltl
C
ltl
C
00000
00000
Q. 00000
~ 'E 0- ~ l.!"i 0- l.()h
~;~07~~~
.. " <h
:E
Naeco
o 0> ~
:;j "I::
:::>
00000
o 0 0 0 0
c.. 00000
~ ~ ~ ~ ~ ~- ~
::! C f:h
::if ~ i8 ~ 0
> :5
c
CIl
E
c:
...
CIl
I>
I~
C\j
o
o
..J
-
o
CIl
I~
a.
:c
(f)cn
~w
We>
Zw
~I-
0<1:
w ~ :::
:E l;; ~
o ~
:c "
"
~
"5
:;
"-
-g
'Q.
B
"
o
"
to
~
C
r:
o
~
~
-;
'"
to
~
:;
"
"
"
~
-'
o
to
~
~
c
u
~
z
3
to
o
i?
'0
~
C
~~gg~
ooeON
ooeoN
0>
000
o 0 0
000
<h <h <h
o
o
o
.n
~
<h
o
o
"
0;
'"
~
o
..
on
o
o 0
o 0
6 ,...:
<h co
10
o
co
~
M
<h
o
o
o
<h
o
o
o
o
o
Iii
N
L()
<h
o
o
~
co
L()
Iii
L()
~
M
<h
o
o
o
<h
o
o
o
-i
~
~.
o
.....
~
<h
N
o
~
o
o
o
o
o
o
r::.
~
Y)
M
0>
Ii:
:E
~
CIl
~
o
~
o
~
(f)
w
<i! i3
I- W
Z I-
W <I: g'
~ e: '~
(f) ~
on
~
Z
;;
1
III
79
o
1:i
::l
tn
III 0
'0 c
I- :::>
o 0 L() 0 0 L()
~
'"
IV ~
'0 e
I- ~
"-
~~~~~~~";:!!.~
oorooo&'~~o
OOMOOMll)OO
o 0 0 0 0 0 to 0 0
o 0 0
o ~ 0
~ c::i 0 6
ns.!!tA-~8
'0 ~ :2-
I- ll.. ~
:i:
UI
to I
~ III
~ ~
c 8
~ II ~
o III
S
'E
I
.~ ':
11:
'" III
to
.2
U ~
~ ~
to C
o "-
~I~
z
0.
:;: 'E
III ..
~ ~
:i "
_12
:E 'E
:::>
~I: 'E
III ..
~ .:
:E
I
-I~
-' to
:::>
i
0.
~ "E
)( ;
.. "
:E
:i ~
> :::>
ltl
C
ltl
C
o 0
o 0
o 0
L()- 1.6
N ~
Y) Y)
000
000
000
a 0 ~
L{)- Lt")- M
N ~ V>
V> Y)
o 0 10
;;
'E
"
'"
J
~
'"
ro
C
"
"
~
.~
"
t:
~
o
;;
'"
o
o
o
'"
000
~oo
000
"'00
00
ari N-
~ <D
'" N
<h
o
o
o
o
o
.n
o
o
o
o
o
.n
~
V>
V>
o
o
o
V>
o
o
o
<h
ltl
C
o
o
o
V>
o
o
o
o
o
o
.n
'"
o
o
o
o
o
o
<<i
N
'"
....
L() '"
N
<>
N
Ii:
:E
~
~ ., '"
~ g"s
o "a;
OJ .= en
E e 5
o '" '" 0
~~I~
~,gE~
N ~ 0 l:
79 ,!!! u: ~
o .!: .S: Q)
:eeEE
::l 'tl 'tl 0
tn 0:( 0:( :I:
=
c
c
8
o
%
.
c
...Ji!
<I: 'i
1-:
0"
1-:;
C i
~j
e> :
o
o
N
~
c,
~
en
'j)
o
o
~
co
L()
.....
10
0>
M.
Iv>
~
N
0>
o
o
o
o
o
.n
~
<h
o
o
o
o
o
Iii
N
L()
<h
E
"
t:
i
"
.2
..
;;
~
to
to
"
o
'0
,~
'co
L()
.n
L()
~
M
<h
>-
D
"
"
;:
'C
~
S
ai
..
"
on
to
E
~
'0
"
J!
o
....
"
~
i5
'"
t:
'C
'g
>-
D
~
"-
~
!!:
"
1;1
to
o
U
~
1;;
a
;;
u
I~
I
o
o
o
-i
~
~
<0
I~~
:y;
N
o
~
o
o
o
o
o
<<i
("')
......
~
<h
co
0>
1i
~
t:
.2
ti
::l
...
jjj
l:
o
U
CIl
::c
III
~ Gi
gl.~
Q) <C c..
~ E CIl
C ::l l/)
CIl E ~
o ';C 0
; co :;
a. :E a.
o
o
o
o
L()
oi
N
....
o
o
o
o
o
M
<h
i::'
"E
'0
0:(
o
u.
(J)
E
C
u
<:
Cl
~
l/)
';C
W
E
'"
c,
o
rt
c
::>
o
E
0:(
)(
'"
::2; ,
o
o
o
o
o
M
<h
o 000
o 000
c:i u-) en --i
o N N I,()
o 1.0 C"? co
o~t.6ai
'" co co
I.() ~ N 0)
fT7~~~
"'
o
"'-
(J)'
tn:
,;,
N;
,
u;
CD -0
E 5
o u.
.5 -g u;
E:S ~
"'e>.... a. ~ I-
~1- G)
o (I) :E
!t 0:: C .oS!
"C "C .Q 'ra
Q) \ll "5 >
~ ~ ~ ~
'e- 'e- 00 '0
a. a. is to-
I
~
CIl
Z
~
c
000
000
c:i r---: 6
co 0 '"
o U")
egg
::s 1'--. ~
~ ~ ~
<I:
c:
~
o
'0
.>0:
III
CIl
...
III CIl
l: j::
~ 0
('ll g CIl
~ ~ g
:;;: .3 g
~i
CIl 0
>..J
052. ~
N ....
"" <YO
.... ....
:::< ~
o to
ci N
'"
o
o
,-.:
C('}j
U1i
U")
'"
"'
oi
'"
I
~ I
o
o
-=
.!
1ll..J
; <I:
'01-
~~
N
w
~
j
;
!
j
.~
j
j
I
~
i
~
"
o
=:
~ ~
~ ~ >:
~ i ~
:! .i u:
E
~
ro
"'0
c:
(l)
OJ
<(
<D
o
o
N
in
o
o
N
z
o
i= ~
< W
~N::;
08<
Q..~~
~ ~ u:
o <( W
() J: !;i:
u~
W CI) (f)
() ..J 0::
Z <( ~
< Oz
z C) <
- >-....1
U-IO::: c..
I wi
"i~ c..>'
Z :J ~
W~
en CI~
::J C) ~
o z<
:J: en t!l
< ~ ~
CO(f)
_ J: 5
~ J: >.
o ~ g
..J c..> _ 0
U- 0 c:
....I ~
~ "0
~ c..>
0::
o
u.
(f)
~
t!l
w
~
<
0::
~
(f)
I
I
I
I
I
I
\
.. ~ :l!
- 0 ~
~ ::>
..
-; ~
w ~ ~
0..
o 0 V T"" to
o N N
..-
t!- cf!. ?f?. ?f!. cfi.
co Lt') LO N ('l')
C>> T"" 0 (0 0)
o ai M r-: r-:
<D
iii
C 0
~
o 0 0 0 0
o 0 0 0 0
!!OOOOO
.!ggggg
'00'0' 0' 0' 0'
COOOl.t'l<O
~~~w~~
III ~
c: 0 0 0
o 0 0 0
:e 0 6 0
.5~tI}W(;l;
~ "0
U S Q
() 0..
:; ;:
o II)
J:
'"
~
o
o
N
""
""
en
r-
N
M
...
1i ~
a. 1!
.. "0
lXl 0: 0
i Q.
J: ;:
II! II)
;,;
"
C
::l
U.
Q)
:c
.!l!
'iij
~
o
~ 0
o ci
~ ~ g
1;; '0 o~
c(~oo
S ~ o~
~ VI ~
Z
0..
;: 'E
II) ..
~ I
.. <
:2i
i ~
::>
o
o
ci
o
o
0'
o
M
~
rn rn
C C
o 0
o 0
ci ci
o 0
o 0
0' 0'
o l.t'l
..- N
~ ~
~
c
o 0 000
o 0 000
Q.. 00000
;:'EO'u1u?O'u1
~;~;;~~;;;
~c EA-
o 0 N ~ 0
J!.t l,{} ~ --
:J "E
::>
00000
00000
Q.. 0 0 0 0 0
;:'EO'u1u?O''''''
~;~z;~~w
.. < ~
:2i
C
ell
E
c
...
ell
>
o
e>
iii
u
o
....I
-
o
ell
E
C'll
z
o 0 N
::; ~ l.t'l ..-
> ::>
c..
J:(f)
~I~
We>
Zw
;:~
0<
We:
:E(f)
o
J:
"
..
0-
B
~
~
iii
1ii
.~
<
..
~
..
'5
:;
0..
..
o
I
o
e
o
~
~
J:
..
0:
<:
.!!
1ii
'5
".
<
"
iii
..J
o
o
ci
o
o
0'
<0
N
EI7
~ g
o
u1
..-
EI7
M
o M
..-
o
o
'"
~
~
o
()
~
z
j
<:
o
E
!
o
i
'"
0:
J!l
::
"
o
o 0 0 T""
l.t'l
..-
8~~g;
o 00""
ci 0 0 ex:)
CO
o 0 0 0
o 000
ci 000
~tA-WO
o
0'
en
N
...
~ :l!
o ~
~ ::>
N or- 0'> 0 0 N
..-
..
r; E
- ~
o ..
~ =
0..
~~~~~~~~r::
~d~~~~~~~
g g g g
f6cioo
-:;.!!!ggg'"
..'OO'u1O'
'0 0 U') T"" C"')
~ 0.. ... ... ...
x:
III
o
o
o
...
o
o
ci
o
o
0'
<0
l.t'l
...
o
o
o
o
o
0'
l.t'l
M
N
~
o
o
ci
...
M
I
M
,...
~
o
'"
"
"
i
~
o
()
:;
o
:5
!E
~i~
~ g
.. 0..
J: ;:
II! II)
<:
o
ti
~
~
o
()
I
..
z
0..
~ 'E
~ ;
.. <
:2i
i ~
::>
0..
;: 'E
II) ..
~ I
.. <
:2i
::; ~
::>
~
"0
o
0..
;:
II)
~
"0
o
0..
;:
II)
o
o
ci
o
o
u?
""
o
o
ci
o
o
0'
U')
...
rn rn
C C
o 0
o 0
o 0
u1 U').
N ..-
... fI'>
o 0
000
000
Q.. 0 0 0
;:'E u1u1M
U) ftI N T"" ~
~ i: ~ w
.. <
:IE
o
o
ci
o
o
0'
N
<D.
..-
...
l.t'l
,...
c:
:2
~
!
~
o
=-
....
5
o
:s
::l
(f)
::; ~
> ::>
(f)
W
....I a
~ W
Z ~
W < g-
o:: e: .~
(f) ~
~
"
..
..
z
1i
<l
!J.
II)
N ..- O'l
OJ
C
..
0:
e
o
~
~
J:
..
0:
o
o
ci
o
o
0'
M
II'>
rn
C:
rn
C:
~
<:
~
'~
"
<
<:
i
u
o
'"
0:
ggg
o or-:
~O<O
o r-
u?O'
O'l~
II'> N
II'>
o
o
ci
o
o
0'
M
II'>
o
o
ci
o
o
.n
..-
...
o
o
ci
o
o
0'
l.t'l
II'>
o
o
o
II'>
o
o
o
ci
o
o
.n
..-
...
o
o
o
ci
o
o
~-
N
""
...
N :e
..- ..
...
...
c:
:2
~
~ ~ r
6 u 'i
!Il .E"'
C: E 5
o "' to 0
::J: G) a... (.)
c~e.e-
o c 0.. .c
~ 0 E l!!
N ~ 0 ~
5_0 .!!!~~
,Q'~~~
::l 'tl 'tl 0
(f) C(c(J:
o
o
o
o
o
.n
M
II'>
o
o
o
U")
M
M
<0
..-
~
~
o
ci
o
..-
o
o
r-:
<0
,...
o
co
N
M
II'>
o
o
ci
o
o
0'
M
...
o
o
ci
o
o
l.t'l
,...
l.t'l
II'>
o
o
o
o
o
0'
o
~
N
II'>
o
o
ci
...
M
I
M
r-
o
o
o
o
o
~-
~
<0,
..-
...
,...
co
i
~
"
o
"
..
~
....I !
<'I
13i
~ ~
~j
~I~
t!ll!
~
o
en
'Ii
<
<:
o
'iii
"
!a
:c
7;
"
<:
<:
<
...
'"
..
"
;;
:s
<:
..
:5
a:i
..
<
"
<:
e
"
"0
()
OJ
'0
...
'D
iii
"
0>
<:
:s
~
...
'"
~
..
!!
..
0..
i
.<:
..
~
10
<:
o
()
..
;;
'3
"
7;
()
-;
a::
"2
o
n
::l ell
':::0
II) III
C ~ Qj
8 .2 .~
CD <( c..
~ E ell
C ::I =
ell E .r:.
~ .~ ~
~ :E ~
,..." '--'''r-j
o
"":
CiO
~
....
~i
c..~
Q),
(/)'
, I
"",
N!
o
g
0'
o
M
...
<::
'E
::'i
5
lI.
Q)
E
o
()
c
CD
C
;;
II)
';(
W
E
l"!
Cl
e
0-
'E
::>
o
E
<l:
)(
rn
:2
o
o
o
0'
o
M
...
000 0
D 000
cONNN
N l!) t-- l{)
t.O N W l{)
05",":0>
~ <.C 0 f"-.
co .". '"
6I7NM
.... ....
~
ell
Z
Ui
Q) "0
E 3
o lI.
~ ~ ~
E::> C
l"! 0. .r ,
C'l~I--Q)r--
o (l) ::c
0: r:r: c: .!
-0 "'0 .2 as
~ ~ E ~
r t ~ ~
?f? ~ ;f!. ~
U":! Co ~ ~
:; ~ T""" en
~
o
o 0 0 0
o 0 0 0
o 0 0 ci
o 0 0 0
000 0
cgg-~g
::::JC"l~~O
~;;;; ii
<
c
~
"C
~
C'll
f
m ell
c E
.S! 0
'l; ~ ell
U E
.2 ~ 8
<( ....I c
~i
ell 0
>....1
ell ,
E
o
u
C
Gl
-
C'll ....I
:a; <
,,~
~g
N
~ ~~
N~
i~J
i
~
l
~
!
~
ro
"0
C
(l)
OJ
<t
~
*
o
'E U
~ E >=
~ ~ ~
~ E ..
Z < ir
...
o
o
N
CD
o
o
N
z
o
i= ~
<( W
C::N~
o g <t
c..~~
c:: t- i:i:
o ~~
() J: <t
W U I-
cne/)
() ,-l 0::
Z < f2
<( 0 Z
ZC><t
- >- ~
LL. 0::: w
C) ~ U
Z :J ~
- WI-
en O'e/)
::> c>,iii
o Z~
::I: Ci5 CJ
_ :::::lZ
-Oiii
C J::::l
c:: ~ ~I
o <i! 5
...J u ,0
LL. o-u
...J .~
,w
:I: "0
I- U
0::
o
u.
e/)
w
CJ
W
I-
<t
0::
1-1
I e/) I
10 J!!
LL. ... 'E
~ ::>
OL()C"")~MOOON
..- N or- L()
~ ~
~
...
<<I -E
w '0 8
I- ~
..
rft. eft? c!. 'if..
~ (; g ~
or- c.i N to
<0 ~
~
o
o
N
lri
~
o
o
o
o
?f!.cf?'#.
o 0 <0
o 0 N
o 0 lri
co
10
C '0
I-
000 0 0 0 000
o 0 0 0 0 0 000
~ 0 0 0 000 000
~ g 8 8 g g ~ ~ ~ g
o 0 ~ ~ 0 ~ ~
co... ~ ~ ~ ~
~ M ~ ~ N ..- or-
:i:N(wl? ~617 ('1")-
rn V> V>
"
~
~ :
" '0
U 0 C
'" ..
s :;:
o II)
:;
~
o
o
o
.....
v
...:
v
.....
C'"i
...
761 Ie
Q, ~
~I~
IX) :c c
~ ..
i x
"' lIJ
in
"
c:
::l
U.
Gl
:E
.!!!
'iij
>
<(
o
" 0
~ 6
2 ~ 8~
4ii (5 0
< c Q 0
8 ~ ~
~ CI.l Y';I
Z
..
:;: 'D
en ;
~ <
:IE
il ~ 0
ro ro
C C
o
o
o
o
o
~
~
C')
""
o
o 0
o 0
o 6
o 0
q 0
L{) 0
~ L{)
V> N
V>
ro
C
ro
C
o
o C')
I ggggg
~I 0 0 ~ 0 0
]:''0 ci lf5 L.0 ci L()~
U)~LO"""'NL{)W
~':~v!)Y'J~
:IE
lJ") 0 ..- ..- L{)
.. L{) ~
:i .c
:::l
..
~ 'E
)( ;
; '"
00000
00000
00000
ot.OLt:io~L6
1.."1 ..- N I.(') ,-
WcAinNW
V>
L{)
.. L{)
::i ~
> :::l
c
Q)
E
1]1
I]
11
I'"
,Z
c.
i:
e/)e/)
a:W
we:;
Zw
:!:I-
o <t ~
w ~ g
:e U) 1;5
o ~
:I: '"
~
..
~
~
..
l()
~
N
il
""
a
o
o
"
~
o
.!:
,2
~
~
"'
"
o
~
"S
"
..
'D
iij
...J
o
"
~
2
;
<;
u
~
z
j
"
~
'0
~
C
o
o
o
o
o
~
~
~
V>
o
o
o.
L{)
~
l()
o
;;;
"'
J!l
~
i5
10 ~
'0 'E
I- ::>
v<OOOOO
~ N
~
c; ~
~ ~
..
~~~~~~~~~
~booo~a,o~
<OvCOOOCO~OCl>
NNOOc:itrir....:oo
0000000
oooo~oo
~ci6ciooci6
ftlOOO~WOO
- 000 0""C
~ j8 g g g ~ 0;
l-iQ."-~w NN
: i: W 4fl EA-
rn
o
o
o
...
o
o
o
o
o
o
~
l()
V>
o
o
o
o
o
~
N
CD
N'
V>
o
C)
o
V>
C')
o
o
o
o
o
L{)-
~
~
V>
N
~
o
o
o
o
o
o
N
<0_
~
V>
~
~
Ii:
:c
l!!
Gl
i
o
Gl
E
o
:;.
e/)
w
;ie:;
I- W
ZI-
UJ <t g'
a:1~ ~
:
z
..
~
Co
lIJ
!
o
1)
::l
en
"
o
tj
~ ~
" (;
o C
'" ..
~ :;:
o II)
:;
~
~ ~
i g
.. ..
.c :;:
.l! II)
"
o
tj
~
"'
..
"
o
'"
~
z
..
~ 'E
:: :
:IE
..
i c:
::>
~I~
II) I ..
'I ~
~I'"
:ll~
,::>
I
..,
~I'O
II) ~
~ ~
:IE
..
::; 'E
> ::>
~
'0
C
..
:;:
II)
rn
C
o 0 0
o
o
o
o
o
o
Cl>
<F>
o
o
o
o
o
o
o
~
V>
ro
C
o 0
o 0
o 0
I.!")~ 1..6
N ~
w- V)
N C') 0
000
000
o 0 o.
L!')~ lri M
N ~ V>
V> ""
N C') 0
~
..
~
"'
.!:
o
~
:g
-ii
"'
o
o
o
o
o
o
C")
V>
o
o
o
o
o
o
C")
""
o
o
o
o
o
o
~
V>
o
o
o
o
o
o
o
~
<F>
ro
C
o
o
o
<F>
o
(1J
c
o
o
o
o
o
~
~
...
L()
o
o
o
o
o
.;:
N
V>
~ ~
g:
~
u
"
~
~
.~
..
"
~
o
;;;
0:
Ii:
:c
en
...
Q)
c:
~
o
Gl
E
o
J:
C:
o
~
E
~ '"
::ig
u. ...
c: n.
,2 E
N ~ ~
! 10 u.
o 'E .:
1) "e "e
::l 't:I't:I
en <( <(
o
o
o
o
o
~
C')
""
o
o
o
LO
'"
.. 01
g ,50
u a;
.5 ~
::l
o
U
Q.
:;:
f!!
..
c:
~
o
..
E
o
:J:
a
1
u
~
~
~
~
:a: ;
b"
I-~
c!
~ j
0:: ~
CJ<
<'oJ
~
~
~
o
V
CO
cri
Cl>
o
o
o
o
""C
:;;:
~
C')-
'V>
o
o
o
o
o
o
I~
o
o
o
o
o
o
CD
CD
<F>
o
o
'0
o
o
~
N
~
N
...
o
o
o
""
C")
o
o
o
o
o
o
C')
"C
~
'v>
I~
o
o
o
o
o
v'
v
~
~
<F>
N
Cl>
'i
a:
"2
~
U
::l Q)
... :0
in ~
c: ~
<3 oS!
Q) ;;(
~ E
1: ::l
CIl E
U 'i(
... ~
rf. :E
~
'"
e
o
~
.!!
"
..
~
"
"
'"
...
D
~
'D
;:
'D
"
~
:;
ai
..
'"
..
"
E
~
(;
'"
..
-0
....
'D
iij
"
'"
"
'D
-g
...
D
~
~
..
.g
.c
~
~
"
o
'"
~
~
'5
u
..
U
't<
o
Cl>
o
"':
a;
V
...
<D
o
"'-
..
(/)
.;,
N
o
o
o
o
o
C")
<F>
"
"E
~
5
u..
OJ
E
C
'"
c:
,
Cl
":
in
"i(
w
E
~
Cl
2
a..
C
::l
o
E
<(
><
'"
:2:
o
o
o
o
o
C")
<F>
000 0
000 a
cO 0 N ci
N 0 "'=t ,.....
<P 0 00 v
0) 0 ,..: ,....-
tfi 0 M v
~~ri
'" ...
~
Q)
Z
u;
CD "0
E 5
o u..
'" 't:I
.s ~
E :::>
co a.
0, rp-
2 Q)
a.. 0::: C
"0 "'C .2
$: Q.) "S
U 13 ..c
Q) W 'C r;
~~~~
iti
'D
C
:::>
';f-
:c
.!!!
'0;
>
-<
~ ~ ~ ~
o cD .,.... 00
... V <Xl
~
o
000 0
o a 0 0
6 0 ci 0
o a 0 0
o 0 0 0
1:~~~iL6
::I l.()~ ~ b9 (")
~ww g
<t
Q)
U
.;:
'Co
CIl
en
'"
~
U
:;
C.
c: I
~ I
~
'"
Q)
...
IlJ Q) Gl
c: 1= s::
.2 (5 (5 i
~ ; ~ :
;;(.3gE;i1
~~~I-
~.3~~i
Agenda Item NO.1 OE
October 10, 2006
Page 9 of 41
COlliER COUNTY
and
CITY of NAPLES, Fl
STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) PROGRAM
LOCAL HOUSING ASSISTANCE PLAN
(LHAP)
For the State of Florida Fiscal Years
2004/2005, 2005/2006, and 2006/2007
Collier County Operational Support and Housing Department
Community Development and Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
Phone (239) 403-2330 . Fax (239) 403-2331
www.collier.netlOSH
- 1-
Underlined text added; swike tlmlllgh. text is deleted
Agenda Item NO.1 OE
October 10, 2006
Page 10 of 41
I. PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S.
A. Name of the participating local government and Interlocal if Applicable:
Section 420.9072(5),F.S.
Collier County.
Interlocal : Yes X No
Name of participating local government(s) in the Interlocal Agreement;
City of Naples.
A copy of the Interlocal Agreement is attached as Exhibit H.
B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C.
Creation of the Plan is for the purpose of meeting the housing needs of the very low,
low and moderate income households, to expand production of and preserve affordable
housing, to further the housing element of the Collier County comprehensive plan
specific to affordable housing.
C. Fiscal years covered by the Plan: Chapter 67-37.002,F.A.C.
L 2004/2005
L 2005/2006
L 2006/2007
D. Governance: Chapter 67-37.005(3)and(5)(i)FA.C. and Section 420. 9071 (14)F5.
The SHIP Program is established in accordance with Section 420.907-9079, Florida
Statutes and Chapter 67 -37.007 Florida Administrative Code. The SHIP Program does
further the housing element of the Collier County Comprehensive Plan.
E. Local Housing Partnership Section 420. 90 72 (l)(a), F5.
SHIP Program encourages building active partnerships between government, lenders,
builders and developers, real estate professionals, advocates for low-income persons and
community groups.
Some of the active partners in Collier County are:
Collier County Banking Partnership
Collier County University of Florida Extension Service
Habitat for Humanity of Collier County
The Saint Matthews House Emergency Shelter
The Saint Matthews House Wolf Apartments Transitional Living Center
Collier County Housing Authority
'"
- " -
Underlined text added; strike th.reHgR text is deleted
Agenda Item NO.1 OE
October 10, 2006
Page 11 of 41
Collier County Hunger and Homeless Coalition
Catholic Charities of Collier County
Collier County Housing Development Corporation
Collier County Loan Consortium
Shelter for Abused Women and Children
Empowerment Alliance of Southwest Florida
F. Leveraging: Chapter 67-37.007(1)(b)(c), FA.C. and Ssection 420. 90 75 (l)(a) and (1)(b3. and (l)(c), F5.
The Plans are This plan is intended to increase the availability 0 f affordable residential
units by combining local resources and cost saving measures into a local housing
partnership and using public and private funds to reduce the cost of housing. SHIP
funds may be leveraged with or used to supplement other Florida Housing Finance
Corporation programs and to provide local match to obtain federal housing grants or
programs.
G. Public Input: Chapter 67-37.005(3), FA.C.
Public input was solicited through face to face meetings with housing providers, social
service providers, public advisory committees. local lenders and neighborhood
associations. Public input was solicited through the local newspaper in the advertising of
the Local Housing Assistance Plan and the Notice of Funding Availability.
H. Advertising and Outreach Chapter 67-37.005(6)(a), FA.C.
The cOUflty or eligible municipality or its a.<lministrative representative Collier County
shall advertise the notice of funding availability in a newspaper of general circulation
and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the
beginning of the application period. If no funding is available due to a waiting list, no
notice of funding availability is required.
I. Discrimination: Section 420.9075(3)( c), F.5.
In accordance with the provisions ofss.760.20-760.37, it is unlawful to discriminate on
the basis ofrace, creed, religion, color, age, sex, marital status, familial status, national
origin, or handicap in the award application process for eligible housing.
J. Support Services and Counseling: Chapter 67-37.005(5)(g),FA.C.
Support services are available from various sources. Available support services may
include but are not limited to: Homeownership Counseling (Pre and Post), Credit
Counseling, Tenant Counseling and Transportation.
K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C.
Purchase Price Limits: The sales price or value of new or existing eligible
housing may not exceed 90% of the average area purchase price in the statistical
area in which the eligible housing is located. Such average area purchase price may be
that calculated for any 12-month period beginning not earlier than the fourth calendar
year prior to the year in which the award occurs. The sales price of new and existing
units, which can be lower but may not exceed 90% of the median average area purchase
- 3-
Underlined text added; strilce tRrougR text is deleted
Agenda Item NO.1 OE
October 10, 2006
Page 12 of 41
price established by the u.s. Treasury Department or as described above.
The methodology used by Collier Count'X (local government) is:
X Bond Study Numbers provided by Florida Housing Finance Corporation
_ Independent Study (copy attached)
~ U.S. Treasury Department
The purehase price limit for:
tIe':.' Homes: $251.250
Existing Homes: $251.250
Maximum Allowable Sales Price*
$414,861.30
90% of Average Sales
Price for Collier County
Maximum Adopted Sales Price
$300.000.00
65% of Average Sales
Price for Collier County
*Based on the 2006 Bond Study as provided by Florida Housing Finance Corporation.
L. Income Limits, Rent Limits and Affordability:
Chapter 67-37.005(5)(e), FA.C. .and Section 420.9071(2), F5.
The Income and Rent Limits used in the SHIP Program are updated annually from the
Department of Housing and Urban Development and distributed by Florida Housing
Finance Corporation. Affordable means that monthly rents or mortgage payments
including taxes and insurance do not exceed 30 percent ofthat amount which represents
the percentage of the median annual gross income for the households as indicated in
Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an
individual househo ld' s ability to devote more than 30% of its income for housing, and
housing for which a household devotes more than 30% of its income shall be deemed
Affordable if the first institutional mortgage lender is satisfied that the household can
afford mortgage payments in excess of the 30% benchmark and in the case of rental
housing does not exceed those rental limits adjusted for bedroom size.
M. Wages to Work: Chapter 67-37.005(6)(b)(7WAC.
Should an eligible sponsor be used, Collier County has developed a qualification system
and selection criteria for applications for Awards to eligible sponsors, which includes a
description that demonstrates how eligible sponsors that employed personnel from the
WAGES and Workforce Development Initiatives programs will be given preference in
the selection process.
N. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and (4) (j), FS.
In the case of rental housing, the staff or entity that has administrative authority for
implementing the local housing assistance plan assisting rental developments shall
annually monitor and determine tenant eligibility or, to the extent another governmental
entity provides the same monitoring and determination, a municipality, county or local
housing financing authority may rely on such monitoring and determination of tenant
..
-"t-
Underlined text added; strilc6 tRroHgR text is deleted
Agenda Item NO.1 OE
October 10, 2006
Page 13 of 41
eligibility. However, any loan or grant in the original amount of$3,000 or less shall not
be subject to these annual monitoring and determination of tenant eligibility
requirements. Tenant eligibility will be monitored for at least annually for 15 years or
the term of assistance which ever is longer unless as specified above.
Eligible sponsors that offer rental housing for sale before 15 years or that have
remaining mortgages funded under this program must give a first right of refusal to
eligible nonprofit organizations for purchase at the current market value for continued
occupancy by eligible persons.
O. Administrative Budget: Chapter 67-37.005(6)(j)3, FA.C..
A detailed listing including line- item budget of proposed Administrative is attached as
Exhibit A. These are presented on an annual basis for each State fiscal year submitted.
The Collier County Board of County Commissioners finds that the moneys deposited in
the local housing assistance trust fund shall be used to administer and implement the
local housing assistance plan. The cost of administering the plan may not exceed 5
percent of the local housing distribution moneys and program income deposited into the
trust fund. A county or an eligible municipality may not exceed the 5 percent limitation
on administrative costs, unless its governing body finds, by resolution, that 5 percent of
the local housing distribution plus 5 percent of program income is insufficient to
adequately pay the necessary costs of administering the local housing assistance plan.
The cost of administering the program may not exceed 10 percent of the local housing
distribution plus 5% of program income deposited into the trust fund, except that small
counties, as defined in s. 120.52( 17), and eligible municipalities receiving a local
housing distribution of up to $350,000 may use up to 10 percent of program income for
administrative costs.
Collier County has adopted the above findings in the attached resolution, Exhibit E.
P. Definitions:
Essential Service Personnel (ESP):
Those individuals employed in the community as teachers, educators, other
school district employees. community college and university employees. police
and fire personneL health care personnel. skilled building trades personnel and
government employees earning up to 140% of median and all other full time
employees earning less than 80% of median income.
Extremely Low Income (ELI):
Individuals or a family whose total annual household income does not exceed
30% ofthe median annual adiusted gross income for Collier County as provided
annually by HUD and/or the Florida Housing Finance Corporation.
Verv Low Income (VLI):
-5-
Underlined text added; stril.e dmlHgi:I text is deleted
Agenda Item No. 10E
October 10, 2006
Page 14 of 41
Individuals or a family whose total annual household income does not exceed
50% ofthe median annual adjusted gross income for Collier County as provided
annually by HUD and/or the Florida Housing Finance
Low Income (Ll):
Individuals or a family whose total annual household income does not exceed
80%.of the median annual adjusted gross income for Collier County as provided
annually by HUD and/or the Florida Housing Finance Corporation.
Moderate Income (M!):
Individuals or a family whose total annual household income does not exceed
120% of the median annual adjusted gross income for Collier County as
provided annually by HUD and/or the Florida Housing Finance
Program Income:
The proceeds derived from interest earned on or investment of the local housing
distribution and other funds deposited into the local housing assistance trust
fund, proceeds from loan repayments, recycled funds and all other income
derived from use of funds deposited in the local housing assistance trust fund.
Recaptured Funds:
The funds that are recouped by a county or eligible municipality in accordance
with the recapture provisions of its local housing assistance plan pursuant to s.
420.9075(4)(g) from eligible persons or eligible sponsors who default on the
terms of a grant award or loan award
II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C.
A. Name of Strategy: Purchase Assistance
a. Summary of the Strategy: The Purchase Assistance Program assists first-time
homebuyers by paying a portion of their down payment and closing cost
expenses. Funds may also be used to cover a portion of permitting fees or impact
fees due on new construction. Buyers of existing units are also eligible for
additional emergency repair to the unit purchased. The program provides second
mortgages to eligible applicants to assist in the purchase (and repair if
applicable) of new or existing single-family homes, duplexes, condominiums,
townhouses, or DCA approved manufactured homes.
b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years
2005,2006, and 2007.
-6-
Underlined text added; strilte tRreugR text is deleted
Agenda Item NO.1 OE
October 10, 2006
Page 15 of 41
c. Income Categories to be served: Purchase assistance will be available only to
low and very-low income applicants.
d. Maximum award as noted on the Housing Delivery Goals Charts: $50,000 per
unit.
e. Terms, ReClaptui"e aBd Defaalt: Terms of Repayment: All purchase assistance
loans will be secured by second mortgages. The interest rate on the loans will be
0%. No payment will be required until the property is sold, transferred,
refinanced, or is no longer the primary residence of the homebuyer. At that time
the balance of the loan will be reoaptl:lred. repaid to Collier County.
Repaid funds are considered program income, a portion of which may be used
for program administration.
f. Recipient Selection Criteria: Applications will be taken on a first-come / first-
served basis from all applicants meeting the following selection criteria:
The applicant must be a first-time homebuyer. A first-time homebuyer is defmed
as anyone of the following: not having ownership interest in a home during the
past three years, a single parent with children under the age of 18 who has
recently been divorced and displaced, a displaced victim of domestic violence,
or a person displaced as the result of some governmental action. The home to be
purchased must be located within the boundaries of Collier County, FL.
The applicant must be pre-approved by the lender providing the first mortgage
for the purchase. The purchase price ofthe home may not exceed the maximum
sales price allowed in Collier County by the SHIP Program.
g. Additional Information: The purchase assistance program will partner the use of
SHIP funds with private sector first mortgages to provide homeownership
opportunities to low and very-low income first-time homebuyers in Collier
County.
B. Name of the Strategy: Rehabilitation: Owner-Occupied
a. Summary of the Strategy: The housing Rehabilitation: Owner-Occupied
program assists very-low and low income homeowners by providing loans to
pay for necessary repairs. All identified repair work must include the correction
of housing code violations and! or deferred maintenance.
b. Fiscal Years Covered: This strategy will be funded during state fiscal years
2005,2006, and 2007.
-7-
Underlined text added; 8tril(6 tlml1:lgh text is deleted
Agenda Item NO.1 OE
October 10, 2006
Page 16 of 41
c. Income Categories to be served: This program will assist eB:l;< very-low and low
income homeowners.
d. Maximum award is noted on the Housing Delivery Goals Charts: $15,000 per
uni 1.
e. Terms, Reeapture and Default: Terms of Repayment: All loans will be secured
by a second mortgage payable to the County. The interest rate on the loans will
be 0%. Loans will be forgiven at a rate of 33.3% every five years. No payment
will be required until the property is so ld, transferred, or is no longer the primary
residence of the homebuyer. At that time the balance of the loan will be
recaptured. repaid to Collier County.
Repaid funds are considered program income. a portion of which may be used
for program administration.
f. Recipient Selection Criteria: Applications will be taken on a first-come/ first
served basis. Loans will be given to eB:l;< very-low and low income
homeowners. The appraised value of the home must not exceed the maximum
sales price allowed in Collier County by the SHIP Program.
g. Additional Information: In cases where the cost of repair exceeds the maximum
award available to the borrower SHIP funds will be leveraged by the
homeowner's own funds, CDBG funds, HOME funds, or other alternative
sources.
C. Name of the Strategy: Land Acquisition
a. Summary of the Strategy: The land acquisition program is designed to facilitate
the acquisition of vacant land which will be developed for affordable housing
opportunities by offering loans to non-profit housing providers to acquire such
land. +h8 Collier County Financial .^~dministratioR and Housing Department
may also use this program to purchase land to be used for affordable housing.
b. Fiscal Years Covered: This strategy will be funded in State Fiscal Years 2005,
2006, and 2007.
c. Income Categories to be served: The eventual beneficiary must be low or very-
low income, and be selected on a first come, first served basis.
d. Maximum award is noted on the Housing Delivery Goals Charts: $5,000 per
shall not exceed $25,000 per unit.
e. Terms, Recapture and Default: Terms ofRepavrnent: Land acquisition program
funds will be made available by loans secured by a second mortgage placed on
-8-
Underlined text added; stril(e tlUElHgR. text is deleted
Agenda Item NO.1 OE
October 10, 2006
Page 17 of 41
the property acquired. Loans will be given for a maximum term of20 years with
an interest rate of 0%. Yearly payments will be required until the property is
sold, transferred, or is no longer used to provide housing for low and/or very-
low income individuals. At that time the balance of the loan will be recaptured.
repaid to Collier County.
Repaid funds are considered program income. a portion of which may be used
for program administration.
f. Recipient Selection Criteria: A non-profit housing provider wishing to receive
land acquisition with new construction funds will be evaluated competitively on
the following criteria:
Financial strength of the agency
The ability of the developer to complete the development wAA within the
established timelines
The capacity of the developer
The affordability of the product produced
Neighborhood compatibility of the development
Number of units produced per SHIP dollar spent
Leveraging of SHIP funds with other sources
Preference will be given to organizations participating in the Wages to Work
program.
g. Additional Information: The SHIP funds used in the land acquisition program
will be leveraged by several public and private sources. The non-profit agencies
receiving these loans will be constructing housing units on the land acquired
with funding secured elsewhere in the public and private sector.
D. Name of the Strategy: Demolition with New Construction
a. Summary of the Strategy: Through the demolition with neYl construction
program low and very lo\v income homeowners of substandard housing, A
nonprofit housing provider may receive a deferred payment loan to pay for the
demolition and replacement of substandard housing found not to be cost
effective or possible to rehabilitate ffiHts for low and very-low income
homeowners. The construction of a new home or installation of a modular home
built to DCA code will occur after demolition and clearance.
b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years
2005,2006, and 2007.
c. Income Categories to be served: Participants in this program must be low or
very-low income.
- 9-
Underlined text added; stril(e tarsHgR text is deleted
Agenda Item NO.1 OE
October 10, 2006
Page 18 of41
d. Maximum award is noted on the Housing Delivery Goals Charts: $5,000 pef
ffilit.,... Deferred payment loan for demolition, clearance and construction shall not
exceed $250.000.
e. Terms, Recapture and Default: Terms of Repayment: All loans will be secured
by a second mortgage payable to the County. The interest rate on the loans will
be 0%. No payment '.'-,ill b@ required until the property is sold, transf@ITed, or is
no longer the primary residence of the homebuyer. .'\.t that time the balanoe of
the loan '.'"ill be recaptured. Repayment will occur when the property is sold or
transferred to the Qualifying buyer.
Repaid funds are considered program income, a portion of which may be used
for program administration.
f Recipient Selection Criteria: A non-profit housing provider wishing to receive
land acquisition with new construction funds will be evaluated competitively on
the following criteria:
Financial strength of the agency
The ability of the developer to complete the development w#h within the
established timelines
The capacity of the developer
The affordability of the product produced
Neighborhood compatibility of the development
Number of units produced per SHIP dollar spent
Leveraging of SHIP funds with other sources
Preference will be given to organizations participating in the Wages to Work
program.
g. Additional Information: In cases where the cost of demolition and construction
exceeds the maximum award available to the borrower SHIP funds used in the
strategy will be leveraged by the homeowner's own funds. SHIP funds will also
be leveraged by the homeowner's new first mortgage when the new home is
built. Recipients ofloans from this strategy may also qualify for SHIP purchase
assistance program.
E. Name of the Strategy: Special Needs Housing
a. Summary of the Strategy: Through the special needs housing strategy down
payment, land acquisition, or development assistance loans may be awarded to
non-profit organizations serving special needs clients for the purchase or
development of homes, apartments, or land.
~...
-J.u-
Underlined text added; strike thrsHgh text is deleted
Agenda Item No. 10E
October 10, 2006
Page 19 of 41
b. Fiscal Years Covered: This strategy will be funded during State Fiscal Years
2005,2006, and 2007.
c. Income Categories to be served: The eventual beneficiary must be low or very-
low income, and be selected on a first come first served basis.
d. Maximum award is noted on the Housing Delivery Goals Charts: $3,000/l:H1it
Shall not exceed $25,000 per unit.
e. Terms, Recapture and Default: Terms of Repayment: Special needs housing
funds will be made available by loans secured by a second mortgage placed on
the property acquired. Loans will be given for a maximum term of20 years. The
interest rate on loans will range from 0% to 5%, and will be based on factors
including: need of the organization, the organization's ability to repay, and non-
profit or profit status ofthe organization. Yearly payments will be required until
the property is sold, transferred, or is no longer used to provide housing for low
and/or very-low income individuals. At that time the balance of the loan will be
recaptured. repaid to Collier County.
Repaid funds are considered program income, a portion of which may be used
for program administration.
Rental Y. y,nits will be monitored for a period of 15 years per Rule Chapter 67-
37.005(6)(c) of the Florida Administrative Code. Resale and First Right of
Refusal for Affordable Housing will be given to Eligible Sponsors as noted in
Section 420.9075 (4)(f) Florida Statues.
f. Recipient Selection Criteria: A non-profit housing provider wishing to receive
special needs housing funds will be evaluated competitively on the following
criteria:
Financial strength of the agency
The ability of the developer to complete the development with the established
timelines
The capacity of the developer
The affordability of the product produced
Neighborhood compatibility of the development
Number of units produced per SHIP dollar spent
Leveraging of SHIP funds with other sources
g. Additional Information: The SHIP funds used in the special needs housing
program will be leveraged by several public and private sources. The non-profit
agencies receiving these loans will be constructing housing units on the lands
with funding secured elsewhere in the public and private sector.
-11-
Underlined text added; strike tll.rel:lgh text is deleted
Agenda Item No. 10E
October 10, 2006
Page 20 of 41
F. Name of the Strategy: Housing Rehabilitation: Rental
a. Summary of the Strategy: The housing rehabilitation: rental program assists
non-profit housing providers by providing loans to pay for necessary repairs. All
identified repair work will include the correction of housing code violations and!
or deferred maintenance.
b. Fiscal Years Covered: This strategy will be funded during state fiscal years
2005,2006, and 2007.
c. Income Categories to be served: This program will assist only non-profit
housing providers who provide housing to low and/or very-low income tenants
on a first come, first served basis.
d. Maximum award is noted on the Housing Delivery Goals Charts: $3,000/unit.
$15.000 per unit.
e. Tenno, RecaptlH'e and Default: Terms of Repayment: All loans will be secured
by a second mortgage payable to the County. Loans will be given for a
maximum term of20 years. The interest rate on loans will range from 0% to 5%,
and will be based on factors including: need of the organization, the
organization's ability to repay, and non-profit or profit status ofthe organization.
Yearly payments will be required until the property is sold, transferred, or is no
longer used to provide housing for low and/or very-low income individuals. At
that time the balance of the loan will be recaptured. repaid to Collier County.
Repaid funds are considered program income. a portion of which may be used
for program administration.
Units will be monitored for a period of 15 years per Rule Chapter 67-
37.005(6)(c) of the Florida Administrative Code. Resale and First Right of
Refusal for Affordable Housing will be given to Eligible Sponsors as noted in
Section 420.9075 (4)(f) Florida Statues.
f Recipient Selection Criteria: A non-profit housing provider wishing to receive
rehabilitation-rental funds will be evaluated competitively on the following:
Financial strength of the agency
Ability of the developer to complete the development with the established
timelines
The capacity of the developer
The affordability of the product produced
Neighborhood compatibility of the development
1'"
- .1" -
Underlined text added; strike tkreugR text is deleted
Agenda Item No. 10E
October 10, 2006
Page 21 of 41
Number of units produced per SHIP dollar spent
Leveraging of SHIP funds with other sources
Preference will be given to organizations participating in the Wages to Work
program.
g. ;\dditional Information: SHIP funds ';;ill be ley;eraged by the non profit housing
provider reeel'/ing the loan at a 1 to 2 ratio. For every $l of SHIP funds aGed the
non profit housing pro'/ider must contribute $2.
G. Name of the Strategy: Disaster Relief
a. Summary of the Strategy: The disaster relief program provides assistance to
households following a natural disaster as declared by the President of the
United States or Governor of the State of Florida. This strategy will only be
implemented in the event of a natural disaster using any funds that have not yet
been encumbered or additional disaster funds issued by Florida Housing Finance
Corporation. SHIP disaster funds may be used for repairs sustained as a result of
a natural disaster and payment of insurance deductibles for rehabilitation of
homes covered under homeowners insurance policies. offers loans to lo'.v and
very loy; incomE! homeowners Ylhose homes need repair to correct life
threatening, health and safety defeets after a natural disaster. Corrections will
also be ma.<le in order to alleviate expos'Ufe to natural envirornnental elements.
b, Fiscal Years Covered: This strategy will be funded for State Fiscal Years 2005,
2006, and 2007.
c. Income Categories to be served: All recipients in this program must be low or
very-low income.
d. Maximum award is noted on the Housing Delivery Goals Charts: $5,000 per
ffiHt.:-$15.000 per unit.
e. Terms, Recapture aBd Defa1cllt: Terms ofReoayment: All loans will be secured
by a second mortgage payable to the County. The interest rate on the loans will
be 0%. No payment will be required until the property is sold, transferred,
refinanced, or is no longer the primary residence of the homebuyer. At that time
the balance of the loan will be recaptured. repaid to Collier County.
Repaid funds are considered prol,!.ram income. a portion of which may be used
for program administration.
f. Recipient Selection Criteria: Applications will be taken on a first-come/ first
served basis. Loans will be given to only moderate, low and very-low income
homeowners. The appraised value of the home must not exceed the maximum
- 13-
Underlined text added; strilce tarsHgh. text is deleted
Agenda Item No. 10E
October 10, 2006
Page 22 of41
sales price allowed in Collier County by the SHIP Program. All units assisted
must nave life threatening, health and/or safety defectG. COITectionG will also be
made in order to alleviate eKpOSlH'e to natlH'al el'lvimnm61'1tal elements.
g. Additional Information: In cases where the cost of repair exceeds the maximum
award available to the borrower SHIP funds will be leveraged by the
homeowner's own funds. Repair may also be leveraged by homeowner's
insurance, the homeowner's first mortgage, and any equity amassed in the home.
H. Name of the Strategy: Relocation Assistance Prol!ram
a. Summary of the Strategy: Through the relocation assistance strategy. persons
who have lost affordable housing due to the closure of a mobile home park or
the conversion of affordable rental units to condominiums. will be eligible to
receive a one time relocation assistance grant through this strategy. Grants may
be used to fund relocation expenses such as down payment, deposits. first and
last month's rents, utilities and rental assistance.
b. Fiscal Years Covered: This stratef,!y will be funded for State Fiscal Years 2005,
2006. and 2007.
c. Income Categories to be served: All recipients in this program must be very-low
mcome.
d. Maximum award is noted on the Housing Delivery Goals Charts: $3,000 per
familv
e. Terms of Repayment: All funds provided to eligible households will be in the
form of a grant and not subiect to recapture.
f. Recipient Selection Criteria: Applications will be taken on a first-come/ first
served basis to persons who have lost affordable housing due to the closure of a
mobile home park orthe conversion ofaffordable rental units to condominiums.
III. LHAP INCENTIVE STRATEGIES
Section 420. 9071 (l 6), F5.
A. Name of the Strategy: Expedited Permitting
Permits as defined in s. 163.3164(7) and (8) for affordable housing
projects are expedited to a greater degree than other projects.
- 14-
Underlined text added; strilce tHrough text is deleted
Agenda Item NO.1 OE
October 10, 2006
Page 23 of 41
a. Established policy and procedures: Collier County Resolution No. 2001 _
2005-408 adopted April 27fft, 2001 November 29. 2005. speeds the rezone,
approval, and permitting of developments for affordable housing.
B. Name of the Strategy: Ongoing Review Process
An ongoing process for review of local policies, ordinances, regulations
and plan provisions that increase the cost of housing prior to their adoption.
a. Established policy and procedures: The executive summary system used by the
Collier County Board of County Commissioners serves as a process for an going
review of items seeking Board action that may affect affordable housing. Every
County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy
must have an executive summary attached which is reviewed as to its effect on
affordable housing.
C. Name of the Strate2v: Affordable Housing Definition
Defmition as defined in the Collier County Land Development Code Section
1.08.02.
a. Established policy and procedures:
Housing. affordable-workforce: means residential dwelling units within a
monthly rent or monthly mortgage payment, including property taxes and
insurance. not in excess of 1I12 of30 percent of an amount which represents a
range of median adiusted gross annual income (median income) for households
as published annually by the U.S. Department of Housing and Urban
Development within the Naples Metropolitan Statistical Area (MSA) (See
Section 2.05.02). specifically including the following subsets:
Rental workforce housing less than 50 percent of median income. otherwise
considered to be "very low income".
Rental workforce housing from 51 percent-60 percent of median income.
otherwise considered to be "low income".
Owner occupied workforce housing less than 50 percent of median income.
otherwise considered to be "very low income".
Owner occupied workforce housing 51 percent-60 percent of median income.
otherwise considered to be "low income".
Owner occupied workforce housing 61 percent-80 percent of median income,
otherwise considered to be "low income".
Owner occupied gap housing: 81 percent-ISO percent of median income.
The term affordable housing is specifically intended to include affordable-
workforce housing.
- 15-
Underlined text added; strike tarsHgR text is deleted
Agenda Item No. 10E
October 10, 2006
Page 24 of 41
D. Name of the Strate2V: Impact Fee Deferrals for Affordable Housing
a. Established policy and procedures: Collier County Ordinance No. 2005-40. as
amended. adopted Julv 26. 2005 allows for the deferral of impact fees for
affordable housing:.
E. Name of the Strate2'v: Increased Density Levels
The process in which a developer may request increased density by including a
certain percentage of affordable housing in the mix of the community.
a. Established policy and procedures: A Density Bonus Agreement must be entered
into and approved by the Board of County Commissioners as provided for in the
Collier County Land Development Code Section 2.06.00.
F. Name of the Strate2'Y: Preparation of a Printed Inventorv of Locally Owned Public
Lands Suitable for Affordable Housing.
Process by which the County prepares a list of County owned properties that are
suitable for affordable housing.
a. Established policy and procedures: At least every three years. Collier County
will prepare and adopt by Resolution an inventory list of all real property it
owns within its iurisdiction that is appropriate for use as affordable housing.
IV. EXHIBITS:
A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A.
B. Timeline for Encumbrance and Expenditure: Chapter 67-37,r)05(6)(d) and (f) FA. C.
A separate timeline for each fiscal year covered in this plan is attached as Exhibit B.
Program funds will be encumbered by June 30 one year following the end of the
applicable state fiscal year. Program funds will be fully expended within 24
months of the end of the applicable State fiscal year.
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year
Covered in the Plan: Chapter 67-37.005), F.A.C.
Completed HDGC for each fiscal year is attached as Exhibit C.
D. Certification Page: Chapter 67-37.(}(}5(7), FA.C.
Signed Certification is attached as Exhibit D.
- 16-
Underlined text added; strike th.nHlgR text is deleted
Agenda Item No.1 OE
October 10, 2006
Page 25 of41
E. Adopting Resolution: Section 420.9072(2)(b)2, FS.
Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit
E.
F. Program Information Sheet:
Completed program information sheet is attached as Exhibit F.
G. Ordinance: Section 420.9072(3)(a), FS.
If changed from the original ordinance, a copy is attached as Exhibit G. - N/A
H. Interlocal Agreement: Section 420.9072, F5.
A copy of the Interlocal Agreement is attached as Exhibit H.
EXHIBIT A- ADMINISTRATIVE BUDGET
A. The responsible entity for administration of this program is the Collier County Financial
Administration and Housing Department. The F AH Director shall have the authority to fully
administer the SHIP program within the constraints of this plan.
B. The Collier County Financial Administration and Housing Department will use 10% of the
SHIP funds for the administration of the program.
C. Breakdown of the administrative budget for the Collier County SHIP program State-Fiscal
Years 2005, 2006, & 2007 is as follows:
Salaries & Benefits
Supplies
Training
Advertising
Professional Services
Other Equipment
Office Rent! Utilities
FY2005
$146,000
$ 5,000
$ 2,500
$ 500
$ 35,000
$ 3,000
$ 20,000
TOTAL
$212,000
FY2006
$146,000
$ 5,000
$ 2,500
$ 500
$ 35,000
$ 3,000
$ 20,000
$212,000
- 17-
FY2007
$146,000
$ 5,000
$ 2,500
$ 500
$ 35,000
$ 3,000
$ 20,000
$212,000
Underlined text added; strike tarsligJ:t text is deleted
UjCO..-
00""
..-0.....
.N 0
o -CO
ZON!!
E~Q)~
Q) Q) ce
_.0 ~
-; .8 o.w
UU
cO
Q)
0)
<{
I/)
C>
C> ~
N
~ c:
C> ~
C> 0
N U
D:: ...
<( :!
w '0
>- U
..J
<( 'E
u
tI) II>
u:: E
c:
w ...
< II>
>
0
I- el
tI)
D:: Oi
0 1.1
0
1l.. ...J
W -
..J 0
lD II>
<( E
I- ...
W Z
:=
i=
.
r L~
/~...
I..
"11f 'No. ~
d ..'"
..~I:.,t'
........::',.~ ~ ~ ~
.-
: .;;:
I.': ;.,
!p. N
1;,<
L'
If.
I,,,
ll~,j ~
:~ ,,- ....
x ~ "
I',. .... x
k >,.,. x
I? ';;; x
......,..1[... x
':', - x
",~ ~
>'... "
[~ ~
...,...... .\ " "
~ ;e.
0
:~r ~
.rb "
I. " I ~
,; I: .... "
, .. "
\ I "
.
" "
"', "
..i::! " "
;: "
'..~ "
:g ,,'" "
~ '" "
;;: I
0
0 I I
'" ,... " "
;c I
~ c:
..
.. 0
>- :;:
~ ~ I ~ ~
~ ~
~
~ 0 E ~
u. <;> <g ~ ." . .
'0 <5 ~ ~ ~ !
~ . "0 '" ~ ci:
is' >- i . 0
~ .2 I ~ ! . 0 "
~ u ~
.. '~ ll. .~ " .
c ~ '" ~ a: a: a: Z ~ E
.. . 0: ! ~ . i "0 ll.
C. :a ~ ~ ~
i . :e ~ ~
e .~ ~ Iii "" ,,:, UJ W u.
Q. '" '" ::;
~
,,;
CIl
0;
ii
E
0
...
(;
"
.! -
~ .. -
:~ ~ ..
CIl ;;; ~
..0 ... ;;;
II> <J
'i ii: to
~ .! ii:
~ :~ .g .. .!
Uj ..
c U CIl " - Uj
.. .. " .g 0 -
:>
.5 CIl c:; .. ... 0 :i2
;; Q. c
.. .5 .. ... iD
c.. ~ c c
.; >. .. CIl .E '" .. ...
:E I- CIl ..0 C '" -
>. 10 'i ..
... c ..0
Q. oi ... :; .2 .E 3: c
~ '0 c ii
'iij .. 0 :2 .E ..
.z: Q. Q.
.. .z: .. .. :2
;; '0 C .. Ol
C .. ... .z: !!l-
.. .. 0 ~ c C ..
on .z: E '" .z: U
2 = ] en 0 c: IL
<J .!!! ;;; U ... E 0 :!:
.. ... C N E IL
!!! c c: .. .a ... ....
~ :> '" ~
.. 0 .. c: '0 en ~ 1::
.. ... ~ 3: '0 en
>. ~ C 0
CIl on .E .a .., Q.
:is ~ ~ :2 :is c: CIl
.. :~ ~ .!!! '0 .a D:::
.2 ~ U CIl ';, Ol '0 ;;;
1i. .. ;; > <J CIl :>
c.. .. E .. c: 3 c:
'" E .. .. c
.. ~ :is :> III ii =ti <t
:5 III E t: E
'" .!:! '2 ::: E
2 ii .. :> ..
.S 'E > (J Q. ..0
CIl Q. C. '0 c: x :>
c. 'j;j III III <t w w (/)
>. c: ::(
.... ::i 0 ~ N <:> ;;;:-
in
c:
.S!
U
~
0
UJ<D...-
,Qo"<t
0_
'lO
.::is;:m
E": ~
$~~
-OD.W
ro.....
-oU
cO
(])
OJ
<.t:
;,
." .....~ x
.....
I,,'~
l!!l
c:o
N
Ii; I; x x x
w.
I
I:'~
1:1;.
......
x
It -"--
CD
c:> x " ><
c:> >- .,
~ c < x
c:> ::l
c:> 0
N to) X
a::: ..
ct ~ x
w '0
>- to)
..J X
ct -
(J c
Cf.l GI ;: X
u:: E
w c 'c. ~ x
..
~ Ql
> .~
0 ><
l- ei ..",
Cf.l
0:: iii ,~ x
0 Ll T
0
u.. ..J >< "
w -
..J 0
lD ell x
< E
l- l':l x
W z
:E
j:: .,~ x "
Ii" x
)(
'....... ><
i,_ X
). ><
'.' >< "
..'
x
" ...S! x
I .a' x
...0;'
+ "
.... " "
s=
~ C
IV
~ ,0
:!;
. ~ J!) J!l
." ii ii
~ .S; ~ ..
= " E
.. % ... ,. ~ .1
. '5 ~ " ~ 'Ii ..
~ p ~ I c 'Ii
,Q '" ~ I ~ a::
~ ~ E I 11 0 ~
~ f! e
E .. .. e f!
;!! 0( c a:: '!: a:: i ~ e
l!' ~ ~ g 0. ~ ~ i ..
1:21,' .~ i " ~ ~ '!il
'e" ~ ] ~ .. c J:
" '2 w w
ll. 0( :t ::; w
..
or
.,,;
s
..
Q,
E
0
'"
~
0
"Cl
..
~ ;;; .,:.
:5 ~ IV
.. fti ~
..Q '" fti
j <II '"
ii: <II
~ S ii:
~ IV ..
~ i:i iii -:;
J: U III "Cl iii
.. .. "Cl 0 '0
:I 1: ...
.5 .. U .. "Cl 0 E'
..s a. J: "Cl
.. .5 .. ..
Q, ~ C J:
.. ~ .. .. ~ ... .. ...
] ~ ..Q c ... ;
"Cl IV "i J: ..Q
Q, .. "Cl :; .!l ..!1 'i E
.s "Cl c is.
'jji .. 0 ;e ..!1 ..
.:: Q, Q,
.. s= VI .. ;e
..s 'CI c <II ..
C <II 'CI .c e
VI .. 0 :! c c VI
VI .c E .. .c U
e c: ~ <II 0 C u...
'" .9! Iii U "Cl E 0 :x:
.. "Cl J: ~ E u...
C J: .. .a
<II 0: :I ... 'It .s
ii ... ~
0 .. c 0 on 't:
" "Cl ~ 'i "Cl co
,., ~ c 0
.. on ..!1 .a "Cl Q,
:g :! ~ ;e :is c ..
:i ... .a a::
.. ~ .!!! 0 ...
.!i! U tl .. j .. 0 fti
is. < .. ..s u l!! :I
Q, .. E .. c c
.. E .. ~ .i3 c
.. ~ :is :I on ,Q '6 <
;; .. E :e e
CIl .!l 'c c 'E
e .. :I ..
.5 Q, E > " Q, ,Q
.. ll. Q, ~ c X :I
Q, IV .. W W Ul
,., en C <( ;: ...
t- ::i 0 N r;;-
in
c
.2
U
i!:!
0
wc.o....-
oo-::r
..-0,-
.N 0
~O~
..- -
E ..... (l)'-
Cl)Cl)~
.....,.0 ro:;
~ .8Cl..ii.i
-aU
cO
Cl)
O'l
c:(
---. ~
0
0 ;:;.
~ c
0 ::l
C> 0
N CJ
a:: ..
c( ~
w '0
>- CJ
..J
c( -
CJ c
In CD
u:: E
c
w ..
~ Ql
>
0
t- CI
In
a:: ni
0 u
0
LL. ..J
W '0
...J
a:l CD
c( E
t- 01
W z
:E
~
---------..._-~-~---------~--~---_.-...~--~-_..._._.~---~._._._----_.._--._--
.i, ......~
'.,'.
'.. i;:
I' ,"~
I:, 1"''- K
"
!i :'"
..~ ei.
)... " " "
\
.. ::;
I 'i.
I} ~,
'......'.. k
.......'
) Ii ::!,
., 1'1 f
"
.- -- -'
I' ..~ x " "
I 0' x
x
;. x
.'. x
k' x
c'" )7
C.;, '.~. "
, ;: "
li~1 "
" K
K
I "
" "
"
"
'. ,i~ "
,c.
tV .,~ "
: "
/'
,~ " K
"";' ,;: "
I,~ "
,'"
~' I,... "
I.
"" I..'",
S ><
""
c I.~
'N " "
..c::
~ ,1:
...
~ 0 I
::E
II 0 " E
'0 ~ "
E
<;> '" -g ~ ~ ~
~ 0 g '0 II 'S
~ ~ "" " 8!
~ '5 E " ~ ~ " i
~ 0 .~ u
~ ~ c
E '" < 0- ~ '" .
'! c '" 0: ~
l! " 2 Ii. i " . c Ii.
= ~ - ~ Ti ~ . , ~I ~
~ ,. u
2 .~ ~ ii) '" '" -g c wi u:
w
Co '" '" ::;; w
D
D
"
,;
..
CD
Q.
E
0
lJ
~
0
'tl
.,
~ ~
.. :a
:5 .,
>- ~
.. ii
.Q lJ ii
.. lJ
j ii: '"
.. ii:
?< ~ 7ii co
:~ ;; Uj j;j
c: ti co .., ... in
.. .. .., 0 0
:> 'l: '0
.E co U ., 'tl 2
oS Co C ..,
.. ,E .. "'
Q, :a c: c:
oi >. .. ,g ... .. ....
~ I- ., ..a c: = ~
>. j;j 'i co
.., c:: J:l
Q, .,; 'tl :; .!! ,g "i E
.s .., c Q.
iii .. 0 :s ,g .,
..c:: Co c..
.. ..c:: .. .. :e
;; .., c .. ..
c .. .., ..c !!!.
co .. 0 ~ c:: C '"
.. ..c E .. ..c:: 0
0 <= ~ .. 0 c U-
ti .!! Oi .., E 0 :I:
.. .., u c:: ~ E U-
.. c:: c .. .2 ....
i; it :> Ol .s
0 " c:: '0 Ul ~ 1::
" 'tl ~ 'i 'tl '"
>. ~ c 0
., Ul ,g .2 .., Q,
~ c::
:a ~ :s :c .2 .,
... D::
.. ~ ~ ..!!! 0
.!! .. ... ii
ti .~ '" 0
Q. u ;; (,) '"
Q, <( .. .. c:: !'! c::
.. E ., E .. .. .a c::
., .. :a :> Ul .Q :0 <(
;; 5 .. E '2 E
.!! c:: 's
.1: 0 Q. 'c .. :> ., J:l
.t 's > (,) Co
.. Q, ~ c:: " '"
Q, .. .. w w rn
" .. c < ~ e;;- M ;;-
I- ::; 0
;.;
.2
ti
:!!
0
AgendalT&' . 10E
Octo r , ~9T~1- .~.""',
''1 I:}
Exhibit D
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government: Collier County
(1) The local government will advertise the availability of SHIP funds pursuant to Florida
Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for applications for
awards;- ..
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the local
government (or interlocal entity) will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24
months following the end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to
the Local Government Comprehensive Plan will be initiated at the next available opportunity
to insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities such as interest earned on loans.
(11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted
...oj by law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in
the local governments audited financial statements, copies ofthe audits will be forwarded to
the Corporation as soon as available.
13) An interlocal entity shall have its local housing assistance trust fund separately audited
for each state fiscal year, and the audit forwarded to the Corporation as soon as possible.
1
October 2003
Agend~1e_)o.A, DE
OC~t:tOJf:I1 i?
Page 2
Certification
Exhibit D
(14)
SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15)
Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (LlliTC) Program shall comply with the income, affordability and other LlliTC
requirements, Similarly, any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(16)
Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to service eligible persons.
(17)
Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least
annuaIIx foe15 years for compliance withJenant income reqnirementsand affordability
requirements or as required in Section 420.9075 (3)(e)
(18)
The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC,
and how each of those requirements shall be met.
(19)
The provisiotiS'Q,fChapter 83-220, Laws of Florida _has or ~ has not
9.e~p;~,trill\~,~n~btrt~'.' I \ I '. .
cA~/ ..::J;~Jli
.L .
tP~A< d~~
Chief Elected Official or designee
DONNA FIALA CHAIRMAN
Type Name and Title
Date
....,j
,
APPROVED AS TO FORM AND LEGAL
sp~:,~
PATRICK G. WHITE
ASSISTANT COUNTY ATTORNEY
2
October 2003
Agenda Item No. 10E
October 10, 2006
Page 31 of 41
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier CountYr Floridar do
hereby certify that the foregoing is a true and correct
copy of:
No. Resolution 2004-155
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier CountYr Floridar this 30th
day of Aprilr 2004.
DWIGHT E. BROCK
Clerk of Courts aA~\~t(~H~;$j#,: ",
Ex-officio to Bp~~d"6-C.'.::"~" . ,
County commiss,~~lI~,~f\\ ,.-,.. .'''.:rt;~,\.
r. . .' ;":;' N~~':;<,).,:"",~ \'f;~i
~LA- ~::"~''D-tt~L2'O.Cj' ".,;';',1'
'-. . :;", ...<2'.....L;~:;\..>.1 '};~:;/ ;
By: Ann J nne'l" r1~:" ,,:..;.:;;'-:x; / ~.::-" ,:
Deputy Cierk..'.'..H....'.\':~;,";. .
'\I<~J;,~, G3)C~~"
"':....
Agenda Item NO.1 OE
October 10, 2006
Page 32 of 41
Exhibit .l'
STATE HOUSING INITIA TIVES PARTNERSHIP (SHIP) PROGRAM
INFORMATION SHEET
LOCAL GOVERNMENT: Collier County
CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): Donna Fiala. Chairman
ADDRESS: 3301 Tamiami Trail South
Naples, FL 34112
SHIP ADMINISTRATOR: Cormac Giblin
ADDRESS: 2800 North Horseshoe Drive Naples, FL 34104
TELEPHONE:(239) 403-2330
FAX:(239 ) 403-2331
EMAIL ADDRESS:cormacgiblin@colliergov.net
- .-----ADD-IXION'AL--SIlIPCONT ACTS: Lauren Beard. Wendy-IGe]3f.---f)enton-Baker
ADDRESS: Same as above.
EMAIL ADDRESS:LaurenBeard@colliergov.net.WendyKlopf@colliergov.net.
DentonB aker@colIiergov.net
lNTERLOCAL AGREEMENT: YES: City of Naples
The following information must be furnished to the Corporation before any funds can be disbursed.
LOCAL GOVERNMENT EMPLOYER FEDERAL ill NUMBER:
MAIL DISBURSEMENT TO:
ADDRESS:
ORIF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM:
X: NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED.
Provide any additional updates the Corporation should be aware of 10 the space below:
Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONaUGH ST, STE 5000
TALLAHASSEE, FL 32301 Fax: (850) 922-7253
Agenda Item No. 10E
October 10, 2006
Page 33 of 41
Exhibit H.
Collier County
Local Housing Assistance Plan
FY 2005, 2006, and 2007
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT made and entered into this ;t 1.st"' day of
April, 2004 by and between Collier County, a political subdivision of the State of Florida,
acting by and through its Board of County Commissioners (the "County") and the City of
~"._._----
Naples, a municipal corpora.tion created and exIsting under the laws of the State of
Florida, acting by and through its City Council ("City"):
WITNESSETH:
WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing
Initiatives Partnership Act" "SHIP"), authorizes monies in the Local Government
Housing Trust Fund (the "Fund") to be distributed to the County and eligible
municipalities within the County pursuant to an interlocal agreement; and
WHEREAS, Collier County is an approved County and the City of Naples is an
eligible municipality within the County; and
WHEREAS, the County and City desire to distribute SHIP allocations pursuant
to this lnterlocal Agreement; and
WHEREAS, the County and the City have determined the SHIP funds can be
more effectively and efficiently utilized and managed when the County and City work
cooperatively to address the community's affordable housing needs.
Agenda Item NO.1 OE
October 10, 2006
Page 34 of 41
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual
covenants and agreements hereinafter set forth, the parties hereto agree as follows:
1. The City and the County do hereby agree that the monies in the Fund
which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall
be allocated between the County and City as follows:
City
9:2-8% --
County
90.72%
For Fiscal Year, 2004-05 the State allocated 9.28% of the SHIP funds to the City and
90.72% to the County. Therefore, no less than 9.28% of the total allocation will be
earmarked for the City of Naples in any given fiscal year. These percentages are based
upon the March 2004 SHIP program allocation distribution schedule. The City of Naples
may distribute a portion of its allocation to housing activities within the Urban Housing
Assistance Area as defined in the July 1994 Interlocal Agreement adopted by Collier
County and the City of Naples.
2. Unless earlier terminated pursuant to other provisions of this Interlocal
Agreement, the term of this Agreement shall run concurrent with the distribution of
monies in the Fund which are to be allocated between the County and the City. This
Interlocal Agreement entered into this ~ Isr day of April, 2004 shall expire on the 30th
day of June, 2007, unless at such time the City and the County mutually agree to extend
this Agreement or terminate said Agreement under the provisions of Section 8.
2
Agenda Item NO.1 OE
October 10, 2006
Page 35 of 41
3. The City and the County direct the Florida Housing Finance Corporation
(the "Corporation") to distribute and allocate the monies in the Fund in accordance with
this Interlocal Agreement and authorize the Corporation to rely on their stated intent and
their authority to execute this lnterlocal Agreement.
4. Provided this Interlocal Agreement remain effective between the City and
n---llie County, both parties "agree that they will not-do anything to jeopar-dIze the other
party's right to receive its allocation from the Fund.
5. The parties to this Agreement understand that the statute requires an
incentive plan for providing affordable housing and they agree to cooperate in ensuring
that the requirements and spirit of the statute are satisfied.
6. The parties to this Agreement recognize the contributions of the joint City/
County Affordable Housing Commission (AHC) and agree to appoint AHC members to
the Affordable Housing Advisory Committee. The County's Financial Administration
and Housing office will be responsible for the overall administration of the programs
assisted with SHIP funds and shall receiye administration monies from the SHIP
allocation. Said administration allocation shall not exceed 10% of the total SHIP
allocation in accordance with 420.9075 (6) and County Resolution 2004-
. The
County will establish, administer, and audit a Local Housing Assistance Trust Fund in
accordance with Ordinance No. 93-19, as amended and SHIP requirements. In addition,
the County will submit the required annual report on behalf of the interlocal entities.
3
Agenda Item NO.1 OE
October 10, 2006
Page 36 of41
7. If at any time during the term of this Interlocal Agreement, the City or the
County which are parties to this lnterlocal Agreement believe that the intent of the parties
as set forth herein is not being accomplished, or that the terms of the Interlocal
Agreement are not fair, such entity may, upon the giving of ninety days written notice,
renegotiate the terms and provisions of this Interlocal Agreement to be effective on the
first day of the next fiscal year. ICfhep-aiiies are unable to--50 renegotiate the terms and
provisions of this Interlocal Agreement prior to the commencement of the next fiscal
year, the noticing party shall cease to be party to this Interlocal Agreement and this
Interlocal Agreement shall terminate and be of no further force or effect as to such party
and the funds shall be allocated according to population pursuant to Section 420.9072 (9)
and Section 420.9073, Florida Statues.
8. If either party shall cease to be eligible for allocation and distribution,
such party's allocation of the funds shall remain in the Fund to be used by the
Corporation.
9. For all purposes of this Interlocal Agreement, the term "Interlocal
Agreement" shall mean this Interlocal Agreement.
10. Both parties acknowledge the SHIP enabling legislation, the rules
promulgated to implement same, and that the Statute and the rules are incorporated herein
as if they were reprinted.
4
Agenda Item No. 10E
October 10, 2006
Page 37 of 41
IN WITNESS THEREOF, the parties hereto haye caused this Agreement to be
executed by their duly authorized officials.
DATEI?;;:~Zf9/D4
ATr~;~f';:~ ,. >. ,. ":~~~~'~ (:,:," ',(
f :~"/~<;, ;':'fJ;~~"~&\
~ ~~~'~~ffG~': '/,. . ";'d':<i '~(~'L~RK .(.
';(lfest 11" ":<;0' . · 'S
./ /'~ . '" .. f. .. .
s f g~at~t.__:~ 1J.;
\' ApPROvEbrAS TO FORM AND LEGAL
\SUPFICIE~~Y~ . PI ,.
\~ -:,:;,-.1 (/\/ / 1) Ii) !'~I~
.,' .",-:1')\ 1 '. . . .. Ii If I, ), I "
~ (\i' \'1 " <\ . \.,i If 'J \Y'
PATRICKG. WHITE
ASSISTANT COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
~6~NNAFltfd~
DATED: i.j-~3 -Oi.f-
CITY OF NAPLES, a municipal
corporation
ATTEST:
~~~LE-b
By
BILL BARNETT, MAYOR
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
'*rf \) ,?~
ROBERT D. PRITT, CITY ATTORNEY
5
Age~da~~&_
Page 38 of 41
Agenda Item 9-f
Meeting of 4/21/04
RESOLUTION 04-10433
A RESOLUTION APPROVING A STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) HOUSING
ASSISTANCE PLAN FOR FISCAL YEARS 2004-2005, 2005-2006 AND 2006-2007; APPROVING
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLJ:ER COUN'I'Y;
AUTHORJ:ZING THE MAYOR TO EXECUTE THE IN'1'ERLOCAL AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
WHEREAS I
WHEREAS,
the Florida State Legislature enacted the William E. Sadowski
Affordable Housing Act in 1992, as a comprehensive housing funding
package to better enable local governments to meet their affordable
housing responsibilities in accordance with their comprehensive
pla..."1s; and
the City has participated in this program since its inception
through a partnership with Collier County government; and
it is in the best interest of the City to participate in SHIP
funding and continue the partnership with Collier County through an
Interlocal Agreement on the administration of the SHIP Housing
Assistance Plan;
Section 1.
NOW, THEREI1'Q~L-BE IT RESOLVED BY _TEiE COUNCIL OF THE CITY Qli'_m..PL]i:S_,_~L_QB.IDAL__
Section 2.
Section 3.
That a State Housing Initiative Partnership (SHIP) Housing
Assistance Plan for Fiscal Years 2004-2005, 2005-2006 and 2006-
2007 is hereby approved, a copy of which is on file in the City
Clerk's Office.
That an Interlocal Agreement with Collier County is hereby
approved, a copy of which is attached hereto and made a part
hereof; and the Mayor is authorized to execute the Interlocal
Agreement.
This resolution shall take effect
PASSED IN OPEN AND REGULAR SESSION OF
FLORIDA, THIS 21ST DAY OF APRIL, 2004.
kt-
~roved as to f?rrn and legality:
R~(' U . ?wrc\
Robert D. Pritt, City Attorney
M,\REF\COUNCrL\RES\2004\04-10433
Date filed with City Clerk:
7- ;)..7-0 Y.
Agenda Item NO.1 OE
October 10, 2006
Page 39 of 41
RESOLUTION NO. 2004-155
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
APPROVING THE LOCAL HOUSING ASSISTANCE PLAN FOR
FISCAL YEARS 2004-2005, 2005-2006, AND 2006-2007 AS
REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM; APPROVING A MAXIMUM
AWARD SCHEDULE; MAINTAINING ADMINISTRATIVE COSTS
OF THE LOCAL AFFORDABLE HOUSING ASSISTANCE PLAN
AT A MAXIMUM OF TEN PERCENT OF THE TOTAL SHIP
ALLOCATION; AUTHORIZING SUBMISSION OF THE LOCAL
HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING
FINANCE CORPORATION FOR REVIEW AND APPROVAL;
AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS;
APPROVING THE INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES; AND
APPROVING THE EFFECTIVE DATES.
WHEREAS, the Florida State Legislature enacted the William E. Sadowski
Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida
Statutes, and Chapter 91-37, Florida Administrative Code, as a compreh~nsive funding
packag~ for state and local housing programs to better enable local governments to meet
I
their rbsponsibilities for affordable housing in accordance with their comprehensive
I
plans; *nd
I WHEREAS , pursuant to the Act, the State will allocate a portion of new and
existing documentary stamp taxes on deeds to local governments for development and
maintenance of affordable housing; and
WHEREAS, the Board of County Commissioners of Collier County Florida
enacted Collier County Ordinance No. 93-19 on April 13, 1993 establishing the Collier
County Local Housing Assistance Plan; and
,WHEREAS. through Resolution No. 93-159 the Board of County Commissioners
adopte4 a three year Local Housing Assistance Plan outlining the intended use of SHIP
funds fitfiscal years 1992-1993,1993-1994, and 1994-1995; and
I HEREAS, the Act requires in order to qualify for additional SHIP Funds, local
govenupents must develop a new one to three year Local Housing Assistance Plan
outlining the local government's use of SHIP Funds; and
Page 1 on
Agenda Item NO.1 OE
October 10, 2006
Page 40 of 41
WHEREAS, the Act also requires the local government to adopt a maximum
award'schedule, an average cost per unit, and a maximum cost per unit for eligible
I
housidg benefiting from SHIP Awards; and
WHEREAS, the Act limits the administrative costs of the Local Housing
Assistance Program to five percent (5%) of the total SHIP allocation unless the Board of
County Commissioners, by this resolution, increases the percentage to a maximum of ten
percent (10%); and
WHEREAS. it is in the best interest of Collier County to qualify for the SHIP
,
Funds,1 and all action taken by the County in furtherance of such qualification is for a
volid io""tY p"",,,>e.
[NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Collier County. Florida, that:
1. The Board of County Commissioners hereby approves the Three Year
Local Housing Assistance Plan for fiscal years 2004-2005, 2005-2006, and 2006-2007.
2. The maximum award schedule for SHIP Funds under the Local Housing
Assistance Program shall be $15,000 per eligible unit.
13. The average cost per unit for eligible housing benefiting from SHIP
I
Award~ shall be $100,000.
14. The maximum cost per unit for eligible housing benefiting from awards
I
made tursuant to the SHIP program shall not exceed $254,250 for new and existing
I
eligibl~ housing units as mandated by the V,S. Treasury Department.
I
5. The annual administration costs of the Local Housing Assistance Program
shall be maintained at ten percent (10%) of the local SHIP allocation.
6. The Chairman of the Board of County Commissioners is authorized to
submit the Local Housing Assistance Plan, a copy of which is attached hereto and made
part hereof, to the State of Florida Housing Finance Corporation for its review and
approvaL
I
I
I
I
I
Page 2 00
Agenda Item No. 10E
October 10, 2006
Page 41 of 41
7. The Chairman of the Board of County Commissioners is authorized to
execute the certifications annexed to the Housing Assistance Plan on behalf of the
County .
118. The Chairman of the Board of County Commissioners is hereby
autho zed to execute the Interlocal Agreement between Collier County and the City of
Naple adopting the Parties' implementation of the Local Housing Assistance Plan
adoptetl herein by reference.
!
9. The Board hereby adopts as its policy in compliance with sec. 420.9701
(16), F.S., a program to be administered by County staff that will assure that permits as
defined in s. 163.3164 (7) and (8), F,S" for affordable housing projects are expedited to a
greater degree than other projects and permits.
10. This Resolution shall take effect immediately upon its adoption.
I
I
This Resolution adopted after motion, second, and majority vote favoring same.
DATE. "~- '3D -O~
. ,. '. . ~ 'I . 1I::l . " ,.' , I , ,
.' ~ "'[;/',
...- A.t:'l;E~:t:.... .~<O ....
.: ~c.' <..7"::~.... .~..~. C' "
~ ~ " .!o"/~~,,,"'.,"""~"''': ,~ ",,\ j
;' ::.': ~('; f ( ."" .... ' ". 'i
b1 " ~ "" ," ~ . r.-' '"
~ ;DW~~" .\~' ~' ;CLE
" %AttesiCl/... "
""'~_\IIDl,il~o" FORM AND LEGAL
'suJ3F-t~~ty:
~~
ASSISTANT COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
)~
A FIALA, CHAIRMAN
Page 3 of3
Agenda Item No.1 OF
October 10, 2006
Page 1 of 8
-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners accept the recommendations
of the Special Master Review Board (SMRB) to renew the contract with Brenda C.
Garretson under RFP #04-3677 - "Special Master Services for Collier County".
OBJECTIVE: That the Board of County Commissioners renew the contract for Special
Master with Brenda C. Garretson as permissible under RFP# 04-3677 - Special Master Services
for Collier County as recommended by the Special Master Review Board. Additionally,
consider recommendations proposed by the Review Board as measures for improvement for the
Special Master process.
,-
CONSIDERA TIONS: On September 28, 2004, the Board accepted the recommendation of a
selection committee and approved contracts for special master services with Brenda C.
Garretson of Rhodes, Tucker and Garretson, as primary provider, and Lynn Hixson-Holley, as
secondary provider. The Special Master's two-year term expires September 27, 2006. As part
of the Special Master renewal decision, Ordinance 2004-46 requires the Board to "create a
special master review board, comprised of two members of the code enforcement department;
one member from the Office of the Collier County Attorney; and two sitting members of the
Code Enforcement Board. The duty of the review board shall be to recommend appointment for
the special master(s) and review, on an annual basis, the performance of the special master(s) in
order to recommend the removal or reappointment of said special master(s) to the commission."
The Review Board met on September 25, 2006 to discuss the services being rendered by the
Special Master. An evaluation of the process, the manner in which hearings were being
conducted as well as possible improvements were considered by the Board. After much
discussion the following recommendations are being forwarded for the Board of County
Commissioners' consideration and acceptance.
...-
Special Master Review Board Recommendations
· The Review Board recommends televising the Special Master Hearings so that the
public can be more informed of the process.
· The Review Board recommends a joint workshop between the Special Master and the
Code Enforcement Board in an effort to ensure consistent application of codes and
punitive measures.
· The Review Board recommended the Special Master adopt Rules and Regulations that
parallel those adopted by the Code Enforcement Board in an effort to ensure consistency
between the 2 venues.
· The Review Board recommends that efforts be made to secure a room in the Courthouse
to be used for Special Master and Code Enforcement Board Hearings. All efforts should
be made to install the applicable technology so these hearings can be televised to the
public. The reasons for this recommendation are (1) an increasing difficulty in securing
access to the Board Room; (2) a Courthouse would enhance the level of decorum to the
proceedings; and (3) the Courthouse has better access to translators and bailiffs, if
needed.
Agenda Item No. 10F
October 10, 2006
Page 2 of 8
· The Review Board recommends the renewal of the contract with Brenda C. Garretson as
primary provider for Special Master services for the County.
FISCAL IMPACT: The cost for the Special Master program is approximately $50,000
annually which is offset by the revenues that are collected in excess of $125,000. Should the
Board choose to evaluate the feasibility of the Review Board's recommendation to conduct
Code Board and Special Master meetings at the courthouse, there would not be any additional
cost to the County for the use of those facilities. However, preliminary contact with Court
administration reveals that courtroom space is at a premium and there are currently no rooms
available for this proposed use.
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSIDERATIONS: The recommendation was considered by the Office of the
County Attorney and approved for legal sufficiency.
STAFF RECOMMENDATION: That the Board of County Commissioners renew the
contract for Special Master services with Brenda C. Garretson and consider the improvement
measures recommended by the Review Board.
PREPARED BY:
Michelle Edwards Arnold, Code Enforcement Director
Agenda Item NO.1 OF
October 10, 2006
Page 3 of 8
AGREEMENT
04-3677
"Special Master Services for Collier County Code Enforcement Department"
THIS AGREEMENT, made and entered into on this 28th day of September, 2004, by and
between Rhodes, Tucker, and Garretson, hereinafter called the "Consultant" and Collier
County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter
called the "County":
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence the work upon execution of this
Agreement and upon issuance of a purchase order(s). The contract shall be for a two (2) year
period, commencing on date of award by the Board of County Commissioners, and terminating
two (2) years from that date. The County, at its discretion, shall have the option to renew this
contract after the initial term for one (1) additional two (2) year term. Such renewal shall be
under the same terms and conditions. If any change in conditions is negotiated, said renewal will
be contingent upon written approval by the Code Enforcement Department.
2. ST A TEMENT OF WORK. The Consultant shall provide Special Master services in
accordance with the Scope of Services of RFP 04-3677 "Special Master Services for
Collier County Code Enforcement Department" and the Consultant's proposal hereto
attached and incorporated herein by reference, as well as additional services as required
and mutually agreed upon in writing by the Code Enforcement Department and
Consultant.
3. COMPENSATION. The County shall pay the Consultant for the performance of this
Agreement the aggregate of the units actually furnished at the hourly rate of $175.00
(One Hundred Seventy-five dollars), together with the cost of any other charges/ fees
submitted in the proposal. Payments shall be made to the Consultant when requested
as work progresses but not more frequently than once per month. Payment will be
made upon receipt of a proper invoice and in compliance with Section 218.70, Fla.
Stats., otherwise known as the "Florida Prompt Payment Act".
Any County agency may purchase services under this contract, provided sufficient
funds are included in their budget(s).
4. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Rhodes, Tucker, and Garretson
Attorneys at Law
PO Box 887
Marco Island, FL 34146
Fax: (239) 394-5807
Agenda Item No. 10F
October 10, 2006
Page 4 of 8
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Purchasing Department
3301 Tamiami Trail, East
Naples, Florida 34112
Fax: (239) 732-0844
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats, all
permits necessary for the prosecution of the \tVork shall be obtained by the Consultant.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Consultant. The Consultant shall also be solely
responsible for payment of any and all taxes levied on the Consultant. In addition, the
Consultant shall comply with all rules, regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Consultant.
7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
8. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per the requirements of this
Agreement, the County may terminate said agreement immediately for cause; further
the County may terminate this Agreement for convenience with a thirty (30) day
written notice. The County shall be sole judge of non-performance.
2
Agenda Item NO.1 OF
October 10, 2006
Page 5 of 8
9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
10. INSURANCE. The Consultant shall provide insurance as per the requirements
outlined in RFP # 04-3677 as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Consultants; Products and Completed Operations and Contractual Liability.
B. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal
laws.
C. Professional Liability: Coverage shall have minimum limits of
$1,000,000.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy .
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Consultant during the duration of this Agreement. Renewal
certificates shall be sent to the County 30 days prior to any expiration date. There
shall be a thirty (30) day notification to the County in the event of cancellation or
modification of any stipulated insurance coverage.
Consultant shall insure that all sub consultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide
County with certificates of insurance meeting the required insurance provisions.
11. INDEMNIFICATION. The Consultant/Vendor, in consideration of One Hundred
Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of
this document, shall hold harmless and defend Collier County and its agents and
employees from all suits and actions, including attorneys' fees and all costs of litigation
and judgments of any name and description arising out of or incidental to the
performance of this contract or work performed thereunder. This provision shall also
pertain to any claims brought against the County by any employee of the named
Consultant/Vendor, any Sub consultant, or anyone directly or indirectly employed by
any of them. The Consultant/Vendor's obligation under this provision shall not be
limited in any way by the agreed upon contract price as shown in this Contract or the
Consultant/Vendor's limit of, or lack of, sufficient insurance protection. The first One
Hundred Dollars ($100.00) of money received on the contract price is considered as
payment of this obligation by the County.
3
Agenda Item NO.1 OF
October 10, 2006
Page 6 of 8
This section does not pertain to any incident arising from the sole negligence of Collier
County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Code Enforcement Department.
13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Consultant's Proposal, Insurance Certificate (s), RFP 04-3677 "Special Master
Services for Collier County Code Enforcement Department"
14. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
4
Agenda Item NO.1 OF
October 10, 2006
Page 7 of 8
IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
wri tten.
ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Dated:
(SEAL)
By:
Commissioner Frank Halas, Chairman
Rhodes, Tucker, and Garretson
First Witness
By:
Signature
tTypejprint wihless namet
Typed signature and title
Second Witness
tTypejprintwitness namet
CORPORATE SEAL
(corporations only)
Approved as to form and
legal sufficiency:
Scott R. Teach
Assistant County Attorney
5
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10F
October 10. 2006
Page 8 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10F
Recommendation that the Board of County Commissioners accept the recommendations of
the Special Master ReView Board (SMRB) to renew the contract with Brenda C Garretson
under RFP #04-3677 - Special Master Services for Collier County (Michelle Arnold. Director.
Code Enforcement)
10/10/200690000 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/26/20064:06 PM
Assistant County Attorney
Date
Approved By
Jeff Klatzkow
County Attorney
County Attorney Office
9/27/20068:17 AM
Date
Approved By
Joseph K Schmitt
Community Development &
Environmental Services
Community Development &
EnVironmental Services Adminstrator
Community Development &
Environmental Services Admin
912812006 5 :20 PM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office o~ Management & Budget
9/2912006 2:24 PM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's Office
OffIce of Management & Budget
9/2912006 2:40 PM
County M imager
Date
Approved By
Ja,r-,f,fo V Mudd
Board of County
Cornlnissioners
County Manager's Office
9/29/20066:18 PM
Agenda Item No. 10G
October 10, 2006
Page 1 of 12
~-
EXECUTIVE SUMMARY
Recommend approval of the award of RFP # 06-4007 and corresponding
Agreement between Collier County and Paradise Advertising and Marketing,
Inc. for Tourism Marketing Services.
OBJECTIVE: To provide for continuing Tourism marketing services for Collier County.
..-
CONSIDERATIONS: RFP # 06-4007 was distributed on June 21, 2006, thirty notices were
sent out and two firms responded on the due date of July 28, 2006. The selection committee
unanimously chose Paradise Advertising and Marketing, Inc. to perform those services for an
initial two (2) years with two additional one (1) year renewal periods at the County's sole
discretion. Paradise Advertising and Marketing, Inc. has done an excellent job in representing
Collier County for destination marketing services for the past three years and the selection
committee members felt this firm had the credentials to continue to provide these services. The
new agreement combines the regular marketing and advertising efforts with emergency
advertising and promotion and public relations services for the County museums into a single
contract to avoid confusion and multiple agreements for similar services. For FY 07, regular
advertising and production is budgeted for $2,000,000, emergency advertising is budgeted for
$300,000, and museum promotion and public relations are budgeted for $50,000. Expenditures
for media and production from outside vendors for both regular and emergency advertising over
$2,000,000 will be billed at gross, reflecting a 15% commission. County museum promotion and
public relations will be billed separately at gross, reflecting a 15% commission.
A monthly service fee of $25,000 ($300,000 annually) covers all agency staff services not related
to production projects. Creative and design staff services for production projects will be billed at
agreed upon hourly rates (Exhibit "A").
ADVISORY COMMITTEE RECOMMENDATIONS: The Collier County Tourist
Development Council (TDC) unanimously (7-0) recommended approval of this agreement at
their September 25,2006 meeting.
COUNTY ATTORNEY FINDING: Services covered under this agreement are authorized
expenditures of tourist development tax funds. The County Attorney's Office has approved the
contract with Paradise Advertising for Form and Legal sufficiency.
FISCAL IMP ACT: The FY 07 Fund 184 budget for advertising and promotion has sufficient
funding for this contract.
~-
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
Agenda Item NO.1 OG
October 10, 2006
Page 2 of 12
RECOMMENDATION: Approve the award ofRFP # 06-4007 and authorize the Chairman to
sign the standard agreement between Collier County and Paradise Advertising and Marketing,
Inc. for Tourism Marketing Services.
PREPARED BY: Jack Wert, Tourism Director
Agenda Item No. lOG
October 10. 2006
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
10G
Recommend approval at the award at RFP # 06-4007 and corresponding Agreement
between Collier County and Paradise Advertising and Marketing, Inc. for Tourism Markettng
Services. (Jack Wert, Director Tourism Department)
10/10/2006900.00 AM
Prepared By
Jack Wert
Tourism Director
Date
County Manager's Office
Tourism
9128120063:30:44 PM
Approved By
Jack Wert
Tourism Director
Date
County Manager's Office
Tourism
9/28/20064:10 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
9/28/20064:19 PM
App roved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
9/28/20064:58 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
9/29/20062:25 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Managers Office
Office of Management & Budget
10/3/200611:45AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1013/20064:26 PM
Agenda Item NO.1 OG
October 10, 2006
Page 4 of 12
Contract # 06-4007
"TOURISM MARKETING SERVICES"
THIS AGREEMENT, made and entered into on this _ day of
2006, by and between Paradise Advertising and Marketing, Inc., hereinafter called the
"Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the IlCounty":
WITNESSETH:
1. COMMENCEMENT. The Contractor shall commence the work on October 1, 2006.
The contract shall be for an initial two (2) year period, terminating on September 30,
2008. The County may, at its discretion and with the consent of the Contractor, extend
the Agreement for two (2) additional one (1) year periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Contractor will provide the following services
including, but not limited to:
a) Develop for approval and implementation and counsel with the County on
advertising and marketing communications to meet the County's objectives and
budgetary limitations.
b) Develop for approval and implementation, and obtain prior written approval
from the County by use of an Estimate or Insertion Order for all media and
production projects.
c) Plan and implement a strategic advertising and promotion program to include an
Emergency Advertising Plan and County museum promotional publicity, creative
art direction, copy writing, layout and production.
d) Create an annual marketing plan prior to the start of each fiscal year outlining
current situation, creative strategy, implementation schedule and measurement.
e) Develop collateral materials including brochures, newsletters, and direct mail,
including creative copy, layout and production.
f) Develop and implement website and Internet marketing strategies and
advertising.
g) Maintain an office in Collier County staffed with a full-time Account Manager.
h) Supply the County with monthly reports reflecting agency activity and return on
investment, such as placement and inquiry reports.
i) Additional services may be added to this contract upon satisfactory negotiation of
price by the Contract Manager and Vendor.
ADVERTISING
Charges for advertising placed by the Contractor on behalf of the County will be billed
to the County in accordance with the negotiated rate(s) of the specified medium or
media. All charges for production, print and broadcast will be billed to the County
Agenda Item No. 10G
October 10, 2006
Page 5 of 12
upon receipt of all required documentation. Invoices will include the appropriate
documentation including tear sheets, approved Insertion Orders or Estimates and
media or production invoices.
The Contractor will prepare and send to the County pre-approved adjusted media
invoices to account for insertion changes, short rates, circulation rebates and/ or other
adjustments.
The County agrees to assume full financial liability for properly authorized insertions
for advertising space and/ or time placed on its behalf by the Contractor. However,
the Contractor shall assume liability for all insertions for which the Contractor has
received payment in full from the County.
In the event that a publication and/ or station elects not to accept the Contractor's
standard insertion order which disallows liability for unpaid media charges, the
County agrees to provide the publication and/ or station with written confirmation of
acceptance of this liability.
MATERIALS AND SERVICES
All charges for advertising production, photography, on-line production design,
printing, direct mail, audiovisual production services, marketing research and
museum promotional publicity will be estimated, authorized in writing by the County
and billed at cost on a project basis.
The County agrees to assume full financialUability for properly authorized services
initiated on its behalf by the Contractor.
County may modify, reject, cancel, or stop any and all plans, schedules, or work in
progress at anytime by delivering written notice. In this event, however, County will
retain sole liability for all commitments made by the Contractor prior to such action,
and reimburse Contractor for all of Contractor's charges and expenses for work begun
with County approval.
3. PAYMENT: Payment will be made upon receipt of a proper invoice and in compliance
with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an
appropriate amount of any payments for work not performed or for unsatisfactory
performance of Contractual requirements.
TRAVEL AND REIMBURSABLE EXPENSES
Travel expenses shall be reimbursed in accordance with Collier County Resolution
2004-370. Trayel mileage reimbursement is to be paid at the current authorized rate.
Reimbursable items other than travel expenses shall include, but not be limited to the
following: actual telephone long-distance charges, actual fax charges, in office
2
Agenda Item NO.1 OG
October 10, 2006
Page 6 of 12
photocopying charges at ten cents ($.10) per copy or actual photocopying charges if
done while traveling and actual postage and actual shipping charges. Reimbursables
will be paid only after Contractor has provided all receipts. Contractor shall be
responsible for all other costs and expenses associated with activities and solicitations
undertaken pursuant to this Agreement.
4. THE CONTRACT SUM:
AGENCY FEE
For regular and emergency advertising, the County agrees to pay the Contractor a fee
of twenty-five thousand dollars ($25,000.00) per month based upon a total annual fee
of three hundred thousand dollars ($300,000.00) as consideration for all professional
time devoted to account administration, client meetings, strategic planning, media
plannin& media negotiation, media placement, broadcast traffic and billing. All media
and production costs for regular and emergency advertising, including but not limited
to, creative and outside vendor costs up to two million dollars ($2,000,000.00) annually
will be billed to the County at net, so that the County receives any available agency
discount. Media or production billing over two million dollars ($2,000,000.00)
annually will be added by change order and will be billed at gross, reflecting a
Contractor commission of fifteen percent (15%). The Contractor fee will be billed on
the first day of each month beginning October 1, 2006.
The County Museum advertising budget is fifty thousand dollars ($50,000.00) and will
be billed at gross, reflecting a Contractor commission of fifteen percent (15 % ).
All charges for advertising, production, photography, on-line production design,
printing, direct mail, audiovisual production services, marketing research and
museum promotional activity will be estimated by the Contractor and authorized in
writing by the Tourism Director or his designee and billed on a project basis. Out of
pocket expenses will be billed at net.
The agency will provide emergency pro bono publicity and public relations services,
up to six thousand dollars ($6,000,00) in staff time. Additionally, the agency will make
publicity and public relations services over and above the emergency budget available
on an as-needed basis, estimated in advance on an Estimate Form and submitted to the
Tourism Director or his designee for prior written approval before expenses are
incurred.
5. PROFESSIONAL FEES/HOURLY BASIS: For estimating and billing purposes, services
will be billed at the rates on Exhibit A attached hereto and made a part hereof.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if delivered by hand, fax, email or the United States Postal Services Department, first
class mail service, postage prepaid to the Contractor at the following Address:
3
Agenda Item No. 10G
October 10, 2006
Page 7 of 12
Cedar Hames, President
Paradise Advertising & Marketing, Inc.
150 Second Avenue North # 800
St. Petersburg, FL 33701
Facsimile: 727-822-3722
All Notices from the Contractor to the County shall be deemed duly served if delivered
by hand, fax, email or the United States Postal Services Department, first class mail
service, postage prepaid to the County to:
Jack Wert, Director
Collier County Tourism Department
3050 N. Horseshoe Dr. # 218
Naples, Florida 34104
Facsimile: 239-403-2404
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement
must be in writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within nventy-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
4
Agenda Item No. 10G
October 10, 2006
Page 8 of 12
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
10. OWNERSHIP OF DOCUMENTS:
County shall be the owner of all documents and materials produced pursuant to this
Agreement and Paradise Advertising & Marketing, Inc. shall not receive any
additional compensation for their use or reproduction by the County. The County
shall be the owner of and be in possession of all intellectual property created or
furnished pursuant to this Agreement, including, but not limited to drawings, layouts,
photography, film, video and printed documents, unless specifically exempted by the
County.
11. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance. Upon termination of this Agreement, Contractor will
bill the County for all amounts not previously billed and due Contractor at that time.
Contractor will not be entitled to payment for any advertisement if work on it
commenced after Contractor received notice of termination. Contractor will be entitled
to payment for services for advertisements commenced and approved for placement by
the County prior to receipt of such notice.
12. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
13. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Agency's; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
5
Agenda Item No. 10G
October 10, 2006
Page 9 of 12
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Agency during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall ensure that all sub contractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor or anyone employed or utilized by the
Contractor in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County,
15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Tourism Department.
16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: RFP #06-4007 "Tourism Marketing Services", Contractor's Proposal and
Insurance Certificate.
17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the
parties herein that this agreement is subject to appropriation by the Board of County
Commissioners. The approval of this Agreement is contingent upon a finding by the Collier
County Board of County Commissions that adequate funding exists for the purposes set forth
herein through approval of the annual Tourism Department budget. If Category "B" tourist
tax funds become unavailable in the future, no further funding under this contract will be
due to the Contractor and the County may terminate this Agreement in accordance with
paragraph #11, "Termination".
18. COOPERATION: The Contractor shall fully cooperate with the County in all matters
pertaining to this agreement and provide all information and documents as requested by
the County from time to time. Failure to cooperate, as interpreted by the County, shall
6
Agenda Item NO.1 08
October 10, 2006
Page 10 of 12
constitute grounds for the County to impose sanctions that do not result in termination
of this Agreement.
19. EMPLOYMENT OF CONTRACTOR PERSONNEL: During the term of this Agreement
and for a period of one (1) year following its termination, the County agrees not to hire
any employee (past or present) of the Contractor who worked on the County's account
while employed by the Contractor.
20. AVAILABILITY OF RECORDS: The Contractor shall maintain all records, books,
documents, papers and financial information pertaining to work performed under this
agreement. The Contractor agrees that the County, or any of its duly authorized
representatives, shall, until the expiration of five (5) years after final payment under
this Agreement, have access to, and the right to examine and photocopy any pertinent
books, documents, papers and records of the Contractor involving transactions related
to this Agreement.
21. PROHIBITION OF ASSIGNMENT: The Contractor shall not assign, conveyor transfer
in whole or in part its interest in this Agreement without the prior written consent of the
County.
22. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and! or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight E. Brock, Oerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Dated:
(SEAL)
By:
Frank Halas, Chairman
7
Oct-02-06 05:00pm From-Co I I ier County Attorney
+7740225
T -94ZAgEPlJotll)OO2T1 t..p5a~G
October 10, 2006
Page 11 of 12
ApPJjoved as to form and
legal :sufficiency:
AssiStant County Attorn
Print Name
Contractor:
PARADISE ADVERTISING &; MARKETING,
INC.
By~
. First Witness
Signature
iType/print witness name i
Second Witness
Typed signature and title
iType /print wiiness name r
../
./
8
Agenda Item No. 10G
October 10, 2006
Page 12 of 12
Exhibit A
Paradise Advertising & Marketing, Inc.
Fee Based Clients - Hourly Rates
Director of Account ServicclStrategic Planning $ 200.00 Per hour Included in fee
Brand Development Director $ 200.00 Per hour Included in fee
Account Supervisor $ 125.00 Per hour Included in fee
Account Executive $ 100.00 Per hour Included in fee
Account Coordinator $ 85.00 Per hour Included in fee
Media Planner $ 125.00 Per hour Included in fee
Media Buyer $ 100.00 Per hour Included in fee
Media Coordinator $ 85.00 Per hour Included in fee
Public Relations Supervisor $ 125.00 Per hour Included in fee
Billing $ 85.00 Per hour Included in fee
Broadcast Production $ 200.00 Per hour
Creative Director $ 175.00 Per hour
Associate Creative Director $ 150.00 Per hour
Senior Copywriter $ 125.00 Per hour
Copywriter S 100.00 Per hour
Designer $ 125.00 Per hour
Senior Art Director S 100.00 Per hour
Art Director $ 85.00 Per hour
Graphic Designer/Mechanical Artist $ 85.00 Per hour
Production Supervisor $ 125.00 Per hour
Production Coordinator $ 85.00 Per hour
Traffic $ 85.00 Per hour
Public Relations Account Executive S 120.00 Per hour
Public Relations Writer $ 100.00 Per hour
Public Relations Coordinator $ 85.00 Per hour
Rates as of January 2006
Agenda Item NO.1 OH
October 10, 2006
Page 1 of 19
,~.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution repealing all previous resolutions
establishing and amending parts of the Collier County Parks and Recreation
Department Facilities and Outdoor Areas License and Fee Policy and establishing
the policy effective October 10, 2006 '
Obiective: To generate revenue sufficient to offset program and facilities costs.
Considerations: The Parks and Recreation Advisory Board recommend to the Board of
County Commissioners that the existing Parks and Recreation Department Facilities and
Outdoor Areas License and Fee Policy as amended be repealed and established effective
October 1, 2006 to provide for multiple changes and additions within the policy.
Major changes within the fee structure were brought to the Board of County
Commissioners on September 26, 2006. The Board of County Commissioner's directed
staff to look at a variety of issues related to recommended changes. Specifically, the
Board requested that:
,-
· Concession Booth fees dropped from $25 to $20.
· Consider reducing recommended single and family annual pass rates to Sun-N-
Fun Lagoon
· Establishing criteria that annual pass rates to Sun-N-Fun only be provided to
residents of Collier County
· Look at establishing higher fines for violating handicap parking, deface or
disfigure county property, soliciting, removal of live, natural objects, removal of
cultural resources and loud music ordinances
· Allow for a transferable rain check policy
· Change enumeration within the fee policy for consistency and accuracy
· Identify exemption for civic associations to use for their general membership
meetings
· Establish less of an increase for fees associated with use by non-profits for
facilities
In response to the Board of County Commissioner's direction each of these changes have
been implemented and/or already existed. Changes are identified with strike through if
altered from last year's resolution or underlined if language has been added to the
resolution. Items directed to staff at the September 26, 2006 Board of County
Commissioner's meeting are identified in yellow.
Furthermore, significant changes to the fee policy include:
I... .. F'X~~<;~arge
I $10 per hour
.-
L Item
NCRP Indoor 1,500
~qu~e feet ~(non-
. j ~rop<:1s.e<l.F'X 07~b~rg~
1$15P~rh~,u~'H .,_ ..
I prof:it)__
NCRP Indoor
1,501-3,000 square
fe~~ (Il()l1-p~of:i~) ..
NCRP Indoor 3,001
square feet and over
(non-pr().fit) ...
NCRP Gymnasium
(non-profit)
N CRP Indoor
Room 1,500 square
feet ( all()tl1~rs)
NCRP Indoor
Room 1,501-3,000
square feet (all
others)..
NCRP Indoor
Room 3,001 square
feet & over (all
others) .
NCRP Gymnasium
(all. othe~s)
I C()nces~io.nF'ees
Pelican Bay Tennis
Fees
Pelican Bay Tennis
Fees
North Collier
Regional Park Sun-
N-Fun
Annual Pass
Sun-N-Fun Lagoon
Annual Pass
Golden Gate
Aquatic Compl~x
Immokalee Sports
C()mplex
I.Su~Tl1nergaJ.Ilp .
Summer Camp (1-
week session
Park and Beach
Citations
I
I $15 per hour
$20 per hour
$30 per hour
1$25P:hO~ ....
$45 per hour
$60 per hour
I $60 per hOU~
I $25 per day
$8 per 1.5 hour
time period.
I $371 annual pass
N/A
N/A
$225
I $210
1$549
I $75 per week
I
$35 for parking
only... .'.m
Agenda Item NO.1 OH
October 10, 2006
Page 2 of 19
. ... [. . ..... u....
jl$25..~:hoor
I $40 per hour .
I $30 per hour p~r c~urt
..1$40P:hO~ .
[$80 perhour
I $1~5perhOur ..
_I $60 per hour per court
.1$20perA<iY
... I $10per 1.5 hour time period
1$37.7.36 ann~alPass ..... ..
$110-over 48" $80--under 48"
(inclusive of taxes)
.. ..... ..........
Family pass $190 (inclusive of taxes)
...
$140 (inclusive of taxes)
Each additional family member $40
'. ...... ...
$125 (inclusive of taxes)
Each additioIl<i1 faJ.Ilily member $30
I $6002'$540e<ic:hadditional child
1$85~~r~ee~_
(see attachment A for proposed
c:ita!i.ol1fe~sc:~edllle) . .... ... .....
Agenda Item No. 10H
October 10, 2006
Page 3 of 19
The Parks and Recreation Advisory Board reviewed and approved the proposed fees at its
September 21, 2006 meeting. The Board of County Commissioners reviewed these
proposed recommendation and requested the changes found in the current resolution.
Fiscal Impact: All fees outlined in the proposed policy are included in the appropriate
budgets within the FY 07 Parks and Recreation appropriations and if approved will
become effective October 1, 2006.
Growth Mana2ement Impact: No Growth Management Impact is associated with this
action.
Recommendation: That the Board of County Commissioners adopts the proposed
Resolution repealing all previous resolutions establishing and amending parts of the
Collier County Parks and Recreation Department Facilities and Outdoor Areas License
and Fee Policy and establishing the policy anew and authorizes the Chairman to sign.
Prepared by: Mary Ellen Donner, Assistant Director, Parks and Recreation
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10H
October 10. 2006
Page 4 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10H
This Item was continued from the September 26, 2006 BCC meeting Recammendallon to
adopt a Resolution repealing all previous resolutions establishing and amendmg parts of the
Collier County Parks and Recreation Department Facilities and Outdoor Areas License and
Fee Policy and establishing the poliCY eHectlve October 1. 2006 (Marla Ramsey,
Administrator, Pubiic Services)
10/10/2006900.00 AM
Date
Prepared By
Mary Ellen Donner
Public Services
Assistant Director
Parks and Recreation
9/11/20068:04:25 AM
Date
Approved By
Tona Nelson
Public Services>
Senior Admin A6sistant
Parks and Recreation
9129120063:38 PM
Date
Approved By
Barry Williams
Public Services
Director
Parks and Recreation
10/2/20062:52 PM
Date
Approved By
Raymond Carter
Public Services
Operations Manager
Parks and Recreation
10/2120063:41 PM
Date
Approved By
Kathy Carpenter
Public Services
Executive Secreta ry
Public Services Admin.
1013/20068:41 AM
Date
App roved By
Marla Ramsey
Public Services
Public Services Administrator
Public Services Admin.
1013/2006 6:09 PM
Date
Approved By
Sherry Pryor
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
1014120064:07 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
1014/20064:19 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/4/2006 4: 37 PM
Attachment A
Fines for Park and Beach Citations
Fines for Park and Beach Citations
Agenda Item NO.1 OH
October 10, 2006
Page 5 of 19
$35
$250
$30
$50
$75
$30
$100
$250
$500
$1,000
$500
up to $500
(Land Development Code)
$100
$50
$50
$75
$50
$75
$75
$250
$50
$50
$100
$100
$100
$100
Parking Citation
Handicap Parking Citation
Domestic Animals
Littering
Intoxicating Beverages
Glass Containers
Fires
Sea Turtles - Structure on Beach no Interaction
Sea Turtles - Interruption of Nesting
Sea Turtles - Grievous Harm Caused
Sea Turtles - Artificial Lighting/Non-Compliance
Gopher Tortoise Infraction
Loud Music
Nudity
Blasphemous Language
Chumming and Blood Baiting
Protection & Preservation of Wildlife
Camping
Driving Motorized/Non-Motorized VehicleIBeach
Deface or Disfigure County Property
Protection of Vegetation
After Hours Park Usage
Soliciting
Removal of Live, Natural Objects
Removal of Cultural Resources
Firearms
Agenda Item NO.1 OH
October 10, 2006
Page 6 of 19
RESOLUTION No. 2007_
A RESOLUTION OF COLLIER COUNTY,
FLORIDA, RE-ESTABLISHING THE COLLIER
COUNTY PARKS AND RECREATION
DEPARTMENT FACILITIES AND OUTDOOR
AREAS LICENSE AND FEE POLICY
WHEREAS, the Director of Parks and Recreation has recommended to the Board of
County Commissioners that the existing Parks and Recreation Department Facilities and
Outdoor Areas License and Fee Policy be amended as follows;
WHEREAS, the Board of County Commissioners hereby accepts the recommendations
of the Director of Parks and Recreation;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY THAT:
1. The Collier County Parks and Recreation Department Facilities and Outdoor
Areas License and Fee Policy is hereby established as follows. This Policy
supersedes the Policy as established in Resolution 2006-43.
1. PURPOSE
The purpose of this policy is to ensure maximwn use of facilities, outdoor
areas and programs in Collier County and provide equitable fees and charges
collected from users of such facilities, outdoor areas or programs.
II. LIMITATIONS
The Parks and Recreation Director, or designee, may waive enforcement or
application of any of these regulations or restrictions with respect to any
facility, outdoor areas, or program provided such waiver does not interfere
with public safety or enjoyment. No fees may be waived. No non-government
entity shall charge an admission fee to any out of doors event, including
aquatic facilities. The Board of County Commissioners shall set fees and
charges for all facilities and programs.
Consistent with Collier County's policy of ensuring all citizens equal
opportunity to participate in programs, any resident requesting special
consideration must substantiate to the Parks and Recreation Director proof of
fmancial need. All information provided is not confidential but will be used
only for the purpose of establishing reduced or waived program fees. Rates
and charges can be modified on a case-by-case basis if approved by the
Director of Parks and Recreation for special promotional sales and
advertisements to stimulate increased utilization of programs.
III. CLASSIFICATIONS
A Facility License Definitions and Uses
1. Outdoor Areas: Open space or land owned or leased by the Parks and
Recreation Department. Such outdoor areas shall include, but not
limited to, sports fields, playgrounds, swimming pools and/or other
park and recreation land areas, excluding Golden Gate Community
Center. (As to Golden Gate Community Center, refer to Section 0,
herein). Outdoor areas shall be used for those purposes designated or
implicit in their character. Any deviation from normal appropriate use
shall require express prior permission from the Parks and Recreation
Director or designee.
Agenda Item NO.1 OH
October 10, 2006
Page 7 of 19
2. Facilities: Buildings and dwellings owned or leased by the Parks and
Recreation Department. Such facilities include, but are not restricted
to, community center areas and rooms, gymnasiums, pavilions,
shelters, and other areas located in the Parks and Recreation structures,
excluding the Golden Gate Community Center. (As to Golden Gate
Community Center, refer to Section 0, herein). Facilities shall be used
for those purposes designated or implicit in their character. Any
deviation from these intended normal uses shall require express prior
permission from the Parks and Recreation Director, or Designee.
3. Programs: Recreation activities conducted on land or in facilities
owned or leased by Collier County. Such activities include, but are not
restricted to: athletic, clinic, instructional and interpretative seminars
for preschool, youth, adult, senior and special populations. Any
deviation from these intended normal uses shall require express
permission from the Parks and Recreation Director, or designee.
4. Vehicle Parking Fees: Parking lots at Collier County beach parks and
accesses. To include, but not limited to, the following: Tigertail Beach,
Barefoot Beach Access, Barefoot Beach Preserve, Clam Pass Park,
Vanderbilt Beach, North Gulf Shore Access, and South Marco Beach
Access.
5. Boat Launch Fees: Ramp use at Collier County owned and operated
boat launch facilities to include, but not limited to, Bayview Park,
Cocohatchee River Park, Caxambas Park, and Collier Boulevard
Boating Park.
B. User Categories - Applicable to all indoor and outdoor areas
Governmental entities are not subject to fees. All other facility users
shall have their fees determined by the category of the entity. Note: All
parks shall remain open to the public. The two categories are:
1. Category I - Federal Income Tax Exempt Entities, Registered
Charities, Not-for-Profit Groups.
a. Federal Income Tax Exempt Entities
Groups that are exempt from. taxation under any subsection of
Section 501(c) of the Internal Revenue Code. The following civic
associations will not be subject to fees for. their one general
membership meeting per month: East Naples Civic Association,
Golden Gate Estates Civic Association, Golden Gate Civic
Association, lmmokalee Civic Association, and Second District
Association.
b. Specified Sales Tax Exempt Entities
Those entities that are exempt from Florida sales taxes pursuant to
Subsection 212.08 (7), Florida Statutes such as a home for the
aged, nursing home, hospice, or an organization whose primary
purpose is to provide special educational, cultural, recreational, or
social benefits to minors, or is a religious, charitable, scientific,
educational, or veterans' organization.
c. Local Not-for-Profit Groups or Non-Profit Groups
Entities, irrespective of tax exempt status, which are not-for-profit
corporations, organizations or other not-for-profit entities that are
of Collier County origin, have their principal location in Collier
County, and of which fifty per cent (50%) of the group's
2
Agenda Item NO.1 OH
October 10, 2006
Page 8 of 19
membership are residents of Collier County, with a primary
purpose to provide social services to others or to protect interests
outside of the group, such as the environment, endangered animals,
disadvantaged persons, or some other similar external interest. The
primary focus of these groups is outward looking and away from
the personal interests of the group's members.
d. Other Local Not-for-Profit Groups
Those entities, irrespective of tax exempt status, which are not-for-
profit corporations, organizations or other not-for-profit entities
that are of Collier County origin, have their principal location in
Collier County, and of which fifty per cent (50%) of the group's
membership are residents of Collier County, but the group's
primary purpose is not to provide social services to individuals
who are not bona fide members of the group or is not to protect
interests outside of the group. This category includes property
owners' associations, political groups, and all other special interest
oriented teams or clubs such as hobbyists' clubs, chess clubs, radio
clubs, hunters and fishermen clubs, stamp, coin, and other
collectors' clubs; garden clubs, car clubs, and all other similar
clubs, groups or organizations. The primary focus of these groups
is inward toward the group's members.
6,. Categorv II - All Others
a. Each individual. grouP. organization or entity that IS not within
Categorv 1.
l. Fund Raising Activities
Each Category I individual, group, organization or entity involved
in any fund raising activity must pay full fees as described in
rV.RA. Category II-User Fees. Must pay the fees described in
IV.B.
a. Charging in advance for an admission ticket or requiring any
tangible thing of value for admission to, or to participate in, any
activity at any County parks facility, or,
b. Requiring any donation of money or any other tangible thing of
monetary value, or,
c. Selling or bartering any tangible thing of monetary value.
Fund raising activities do not include:
a. Season sign up fees for persons to join league as a team member
or team participant.
b. The sale of educational materials for use as study materials for
students attending class conducted at the park facility. Such sales
must be at or below the seller's actual costs.
I. Category II - All Others
A. Each individual, group, organization or entity that is not
within Category 1.
3
Agenda Item NO.1 OH
October 10, 2006
Page 9 of 19
IV. FEE STRUCTURE - (All fees are exclusive of sales taxes).
A. Category I User Fees
1. Facility Rates (excluding league play and special facilities; i.e.,
swimming pool, etc.)
Facility Type Rate Per Security
Hour Denosit
Indoor Room under 1,500 sq ft $10.00 $50.00
Indoor Room 1,501 - 3,000 sq ft $15.00 $100.00
Indoor Room 3,001 sq ft & over $20.00 $100.00
Gymnasium $30.00 $100.00
Small Pavilion $10.00 $25.00
Large Pavilion $20.00 $25.00
NCRP Indoor Room under 1 500 sa ft $15.00 $50.00
NCRP Indoor Room 1,501-3,000 Sq ft $25.00 $100.00
NCRP Indoor Room 3001 sa ft & over $40.00 $100.00
NCRP Gymnasium (per court) $30.00 $100.00
Sugden Amphitheater $30.00 $60.00
()Pen Green Space (100 x 100) $10.00 nJa
Athletic Facilities for General Use (i.e. ~ $80.00
Special Events, Picnics, Carnivals, etc.) $20.00
Athletic Facilities for Athletic Use $15.00 nJa
(Football/Soccer, Soft/BasebaJl, Little
League, Sports Pavilion, Roller Hockey)
BasketbaJl/RacquetbalW oJleybaJlffennis $5.00 n/a
Courts
Lights $10.00 n/a
Sugden Regional Park for a Countywide $800 per day
Event
Immokalee Airport Park for a Countv wide $500.00 per $200.00
Event dav
2. Fund raising rates are ~ $10.00 additional to hourly rate
above.
3. Rental fees do not include setup and break down of facility. An
additional $20.00 per hour per staff person charge will apply
should vou require this service.
4. The security deposit will be refunded in full if the facility is
returned in the condition in which it was received.
B. Category II User Fees
1. Facility Rates (excluding special facilities; i.e., swimming pool,
etc.)
Facility Type Rate Per Hour Security
Deposit
Indoor Room under 1,500 sq ft $25.00 $50.00
Indoor Room 1,501 - 3,000 sq ft $45.00 $100.00
Indoor Room 3,001 sq ft & over $60.00 $100.00
Gymnasium $60.00 $100.00
NCRP Indoor Room under 1 ,500 sq ft ~ $50.00
$40.00
NCRP Indoor Room 1,501-3.000 sq ft W.,OO $100.00
$80.00
NCRP Indoor Room 3,001 sq ft & over ~ $100.00
$125.00
NCRP Gymnasium (per court) $60.00 $100.00
4
Agenda Item NO.1 OH
October 10, 2006
Page 10 of 19
Small Pavilion $10.00 $25.00
Large Pavilion $20.00 $_25.00
Sugden Amphitheater $60.00 $60.00
Sugden Green Space $60.00 nla
Open Green Space (100 x 100) $20.00 nla
AtWetic Facilities for General Use (i.e. $30.00 $80.00
Special Events, Picnics, Carnivals, etc.)
Athletic Facilities for Athletic Use $4G,OO nla
(Football/Soccer, Soft/Baseball, Little $25.00
League, Sports Pavilion, Roller Hockey)
Basketbal llRacquetballN 0 lleyballlT ennis $12.00 nla
Courts
Lights $10.00 nla
Sugden Regional Park for a Countywide $1,200 per day $200.00
Event
lrnmokalee Airport Park for a Countywide $1.000 per dav $200.00
event
2. Fund raising rates are $20.00 added to hourly rate above.
3. Rental fees do not include setup and break down of facilitv.
An additional $20.00 per hour per staff person charge will applv
should vou require this service.
4. The securitv deposit will be refunded in full if the facilitv is
returned in the condition in which it was received
C. Additional Fees: Categories I and II
Service Additional Fee Per Hour
Rental during non-business hours $20.00
(hours that are not normal
departmental operation)
Additional non-security staff $15.00 per staff member
members
Additional security staff members $20.00 per hour per staff
member needed as determined
bv department
Light fees (where not specified) $10.00 per hour
Special requests or additional Per hour fee determined by
clean up required department, based on cost
D. Beach Parking Facilities Fees; Boat Launch Facilities Fees
1. Beach Parking Facilities Fees
Beach parking facilities, including and not limited to, Barefoot
Beach Preserve, Barefoot Beach Access, Clam Pass Park, North
Gulf Shore Access, Tigertail Beach, South Marco Beach Access
have a parking fee, inclusive of sales tax, at a rate of $6.00 per day.
Collier County residents may obtain a beach parking permit at no
charge. Permits will be valid for 2 years. Vehicles with permits
will be exempt from daily parking fees at all beach parking
facilities. Organizations operating excursion or shuttle services will
be charged double the per vehicle per day fee.
2. Boat Launch Facilities Fees
Boat launch facilities, including and not limited to, Caxarnbas
Park, Cocohatchee River Park, Collier Boulevard Boating Park,
and Bayview Park, shall have a launch fee, inclusive of sales tax,
at a rate of $5.00 per launch per day. All residents and visitors may
5
Agenda Item No.1 OH
October 10, 2006
Page 11 of 19
purchase boat launch permits for an annual fee of $75.00. These
permits are available at all Collier County Parks and Recreation
Community Centers. Commercial permits for launch facilities may
be acquired at the Collier County Parks and Recreation
Department Administration Office for a cost of $100.00 per
vehicle plus the $5.00 fee per launch or $500.00 per commercial
entity with no launch fee required. Commercial entities purchasing
the $500.00 permit are eligible to use up to 5 vehicles for launches.
Additional vehicle permits must be purchased for $100.00 each.
All permits are good from January 1 to December 31.
E. Concession Fees
1. For Each concession booth/location in conjunction with
rental(except for NCRP) a ~$20.00 fee per day or 20% of
gross revenues per day, whichever is greater, for each concession
booth or location.
2. Concessionaires contracted by the County to serve the general
public will pay a negotiated fee in lieu of the general facility use
fee schedule.
3. Organizations operating concessions for Collier County co-
sponsored leagues will be charged $5.00 per hour of operation.
F. Reserved
G. Instructional Fees (Contractual Instructors)
1. Programs Fee Assessment: per hour or per participant basis.
~ }oJOR Staff lnstrueter(s): :\BY eElsts for sliflfllies lHla efJ.\iiflmeFIt will be
suefraI:Jtee from the elass fee and tHe balanee Elf tRe hmas will be split
betwelilR tRe neR staff iRstmetor(s) and tHe CelIDty as follaws: e5~(' to
the F10n staff instruetar(s) aR8 35~<' to tl;e Cal:lnty for all sl:len
instrueti8l'lal pre~ams conducted on Callier CelIDty faeilities. :\.fter
subtraetioFl, tHe 13m ratien'! for instruetional flregrams eOfldueteo on
F10R eCHiRty faeilities SHall be 70~<' ta tHe ROR staff iRstruetar(s) and
30~o to the COHflt)'.
6.. Non-StaffInstructor(s): The County shall pay 65% to the non-staff
instructor(s) and 35% to the County for all such instructional programs
conducted on Collier County facilities.
1 The pro-ration for instructional programs conducted on non-county
facilities shall he 70% to the non-staffinstructor(s) and 30% to the
County.
H. Athletics
1. Collier County Parks and Recreation Leagues
Program
Minimum registration fee
per participant per league
play
Adult
Youth
Youth Immokalee
$30.00
$30.00
$ 5.00
Leagues charged on a fee per participant basis may require
a sponsor fee.
Alternately, leagues may be charged a combined sponsor
and players' fee per team as follows:
Men's Softbaii
Women's Softball
$860.00
$540.00
6
Agenda Item NO.1 OH
October 10, 2006
Page 12 of 19
Church Leagues
Men's 35+
Co-Ed & One Pitch Softball
Men's Soccer
Co- Ed Soccer
Adult Flag Football
$710.00
$760.00
$610.00
$650.00
$400.00
$500.00
Leagues will be charged light fees for practices, but not for
scheduled league games. Leagues will not be charged field
rental fees for practices and games during scheduled league
season. Immokalee leagues will not be charged light fees
for practices. Light fees will be waived for practices two
weeks prior to the start of the season.
2. Collier County Parks and Recreation Co-sponsored Leagues
Fees are applicable to Category I users only.
League Type
Fee per participant per
league play
$30.00
$1. 00
per registered youth per week
of league play
Adult
Youth
(includes play-offs or
all-star play)
Leagues will be charged light fees for practices, but not for
scheduled league games.
3. Clinics: Pre ratiClRs:
a. For clinics conducted on any County facility, 65% ofthe
fees go to the group or individual(s) and 35% of the fees go
to the County.
b. For clinics conducted on any non-County facility, 70%
of the fees to the group or individual(s) and 30% of the fees
to the County.
c. An additional hourly rate will be charged for the facility
if the clinic serves a fund raising purpose.
d. If the clinic is free of charge to participants. regular
facility rental fees will apply.
4. Tournament Fees
Fees will be determined on a tournament-by-tournament
basis based on, but not limited to, the following criteria:
direct operational costs, duration of tournament, staffing,
merchandise sales, category status, sponsored or co-
sponsored parking and food concessions.
I. Collier County Racquet Centers:
1. Pelican Bay Community Park Tennis Facility
Service Rate
Court Fees ~ $10.00 per person per 1 Y2 hr
Single Annual Membership $371.1J0 $377.36
Couple Annual Membership $662.00
Y2 Hour Private Lesson $38.00
1 Hour Private Lesson $65.00
Round Robins $5.00 members
$10.00 non-members
7
Agenda Item NO.1 OH
October 10, 2006
Page 13 of 19
The above court fees and membership rates do not include sales
tax.
1. Collier County Aquatic Facilities
Key to abbreviations: GGAC=Golden Gate Aquatic Complex,
ISC=Irnrnokalee Sports Complex, SNF = Sun-N-Fun Lagoon
Family is defined as an adult and. if any. his or her spouse living in the
same household. and/or. if any. his or her legal dependents under 18 years
of age living in the same household.
Fee for Non-Collier County public schools and colleges and universities
during regular operating hours is $35.00 per hour unless superseded bv
separate agreement.
Collier County Public Schools are fee exempt; however. they are required
to pay $15.00 per hour per lifeguard or instructor. ifnot during regular
operating hours. This fee exemption does not applv to the Sun-N-Fun
Lagoon.
Rain Check Policy: Upon paid receipt of admission at anv Aquatics
facility a rain check is issued after 30 minutes have elapsed upon signal
from the facility that the polls must be cleared due to inclement weather.
This rain check is onlv valid for individuals who present a paid receipt of
admission to the cashier or designee that indicates the individual paid for
their admission within a 90 minute time period to the signal of clearing the
pools.
1. Entrance Fees (inclusive of sales tax)
VRder ~ Y9utk (~ 17 AQu.U. Senior
fI'S ~ (60+yrs)
~ under 48" Over 48"
and under
GGAC Free $2.50 $3.00 $2.50
ISC Free $1.00 $1.50 $1.00
SNF Free $5.50 $10.00 $8.00
2. Pass Fees (exclusiy@ inclusive of sales tax)
Type ~ AQu.U. Senior Family
Under 48" Over 48"
GGAC 3 month $40.00 $60.00 $40.00 $100.00
ISC 3 month $35.00 $55.00 $35.00 $ 90.00
GGAC Annual.. $60.00 $80.00 $60.00 ~
$140.00
ISC Annual .. $50.00 $75.00 $50.00 ~
$125.00
SNF Annual.. $80.00 $110.00 $80.00 $190.00
No corporate discounts on pool passes.
Annual pass rates are for Collier County residents only.
** please check dates and hours of operation at facility
3. S
wlrnrnlng nstructlOna ees
GGAC ISC
Children's Y2 hour $40.00 per $10.00 per
clas s es participant participant
Children's Yo hour $45.00 per $15.00 per
classes participant narticinal1t
Adult Yo hour classes $45.00 per $15.00 per
IF
8
Agenda Item No. 10H
October 10, 2006
Page 14 of 19
Private Lessons
participant
n1a
4. Pool Rentals GGAC & ISC (exclusive of sales tax)
Each pool includes one staff member.
One pool
Each additional hour
Each additional pool
Additional staff
$50.00 first hour
$35.00 per hour
$35.00 per hour per pool
$15.00 per hour per lifeguard
5. Sun-N-Fun Lagoon Fees GrouolFacilitv Rental Fees
User Rate
PersBFls less trum 1 g iRsAes tall <" ..L'
PersBFls 4 g rnsAes tall sr taller <,,, -'".
Members of groups of 20 or more $4.25 plus tax daily fee
who are less than 48 inches tall
Members of groups of 20 or more $7.55 plus tax daily fee
who 48 inches tall or taller
Entire Facility Rental $1500 per hour, 2-hour minimum
$1000 each additional hour
includes staff
Partial Facility Rental $200 per hour, per pool
(excluding lazy river)
$300 for lazy river
does F1et iRsh:ule staff, staffiBg
sh.8i"ge will Be $15 per nl31:H" ~er
lifeguard as Reeded as 8etBnnlRe8
~ .1..
No exceptions are made to Collier County Aquatic Facility rates.
fee fer RSf! Collier Csooty ~ul:Jlie slJBeels aR8 sBlleges aflG
lillh'ersities dHfiRg regular operatiRg Rel:lfS is $35.00 ~er hOlH"
un] 6SS sHp8fGedea 8)' se~8i"ate agreeHleBt.
Collier Csoot)' P1:ffilie Senseis 8i"6 fee exempt; nowever, tney are
reEiuire8 te flay $15.00 per aBur per lif-egu8i"8 er inocTHster, ifnot
al:lfiRg regHl8i" operatiRg BOl:lfS. This fee e)(6IFlj3tisR dees F10t
apply to the SHn ~l f\rn LageeFl.
K. Collier County Fitness Centers
Key to abbreviations: GGCP=Golden Gate Community Park,
ISC=Immokalee Sports Complex, NCRP=North Collier Regional Park,
MHCP=Max Hasse Community Park, VTCP=Veterans Community
Park
1. Fitness passes are available in a three-tiered system, with passes
offering use of facilities as follows:
Facility Daily Fee Tier 1 Tier 2 Tier 3
Pass Pass Pass
NCRP Fitness $S-li yes no no
GGCP Fitness 7 yes yes no
MHCP Fitness 7 yes yes no
VTCP Fitness 4 yes yes yes
rsc Fitness 4 yes yes yes
GGCP Pool Above see J.J yes yes no
9
Agenda Item NO.1 OH
October 10, 2006
Page 15 of 19
Above see J.I
Above see II
2. Fees associated with the pass types above are as follows. Daily
walk-in and membership fees are subject to 6% sales tax.
Tier Tier Tier
1 2 3
Monthly $35 $33 $20
3-Month $100 $90 $50
Annual $300 $250 $160
Spouse of Additional Family Member $165 $140 $100
(includes college students up to 25 years
of age)
Student (ages 13-18, students aged $125 $100 $75
13 to 14 must be accompanied by an
adult
3. Baby-sitting Service
$3.00 per child per use
$20.00 per 10-visit card
Babysitting service is offered limited hours at Golden Gate
Community Park Fitness and North Collier Regional Park
Fitness.
4. Corporate Discount on Annual Passes
Discount does not apply to additional family members.
Discount is based on employee participation, as follows:
Employees
5-9
10 - 24
25 and above
Discount
10%
20%
40%
L. Skate Parks
Annual Membership for Age 21 and under $10
Annual Membership for Age 22 and older $25
M. Collier County Summer Camps, After School Programs, and Collier
County Parks and Recreation Specialty Camps
1. Summer Camp (9 week session)
9-week session $549.00 $600.00
(each additional child) $540.00
I-week session $ 75.00 $85.00
10% discount on each additional child from the same household after the first
2. After School Camps
]3er weelc Session- 19 weeks
20 weeks
$"'5.00 $475.00
$500.00
Transportation cost per week is additional and will be based on the
current transportation contract.
3. Holiday Camps
I-day camp
1- week camp
Easter Caffi]3 (5 days)
$15.00
$85.00
$75.00
10
Christmas ClHftIJ (1 days)
$69.00
{OH
4. Collier County Parks aDd Recreation Specialty Camps
Additional specialty camp fees are competitive market prices based
on hours and type of instruction.
Ranger Camo per week
Ski Camo eer two weeks
Sailinl! camo oer two weeks
N. Refund Policy
.lli!Q,QQ
lliQ.QQ
$250.00
a. Programs and Classes
Satisfaction Guarantee Policv - If you are not satisfied with a class
or are unable to participate for any reason, please contact us
immediately. Our policy is to provide a 100% credit or refund (your
choice) to anyone who makes a WRITTEN request before the start
of the second class. Requests received after the second class will
entitle participants to a prorated refund. Prorated refunds will be
based on the number of classes remaining at the time the written
application for refund is made. This offer does not include adult
sports leagues or supplies purchased for the class.
b. Facility Rentals
If you are not satisfied with a facility or inclement weather prohibits
usage, a written request must be submitted within 48 hours. The
department Director or designee will make a determination if the
refund will be granted.
c. Point of Sale Refund
If vou are not satisfied with a facility or a service orovided by the
deoartment. your request for a refund will be reviewed bv the
suoervisor on dutY. Current Finance Deoartment refund oolicies will
be followed.
O. Fines for Park and Beach Citations
Chapter 89-440 Laws of Florida authorizes the Board of County
Commissioners to desilmate emoloyees of Collier County Parks and
Recreation deoartment as Park Rangers. The Board of County
Commissioners has authorized Collier County Parks Ranllers with powers
and duties throullh BCC Resolution #91-462. Chaoter 97-347 (Soecial
Act) as amended bv Ch&pter 2006-337. House Bill 1151. further
authorizinl!. Park Ranllers to write citations aopearinl! before the Soecial
Master.
80-47- Parkinll Citation
80-47- Handicap ParkinlZ Citation
76-48- Domestic Animals
76-48- Litterinlj
76-48- Intoxicatinl! Beverages
76-48- Glass Containers
76-48- Fires
76-48- Sea Turtles - Structure on Beach no Interaction
76-48- Sea Turtles - Interruotion of Nesting
76-48- Sea Turtles - Grievous Ham Caused
76-48- Sea Turtles - Artificial Lil!htinrzlNon-Comoliance
3.11.4-Gopher Tortoise Infraction
lli
lli.Q
llQ
.lli
ill
llQ
$100
$250
lli.Q
$1.000
$500
uo to $500
11
(Land Development Code)
76-48- Loud Music ll.QQ
76-48- Nudity lli
76-48- Blasohemous LanlZuage lli
76-48- Churnminll and Blood Baitinl!lli
76-48- Protection & Preservation of Wildlife lli
76-48- Camoing ill
76-48- Drivin~ MotorizedJNon-Motorized Vehic1elBeach ill
76-48- Deface or DisfiiZure County Property $250
76-48- Protection ofVel!.etation .lli
76-48- Soliciting $100
76-48- Removal of Live. Natural Obiects $100
76-48- Removal of Cultural Resources $100
76-48- Firearms $100
P. Memorial Bench and Tree Donations
1. Bench - $2,000
2. Tree - $Soo
Q. Golden Gate Community Center
1. Golden Gate Taxing District Boundaries:
West Boundary: Santa Barbara Boulevard to Logan Boulevard to First
Avenue SW
East Boundarv: canal 1 mile east of County Road 951
North Boundarv: First Avenue SW over 951 Boulevard and White
Boulevard to the canal located 1 mile east of County Road 951
South Boundarv: Palm Springs subdivision and Radio Road to Santa
Barbara Boulevard
2. User Categories
Class I: Charitable, Not-for-Profit organizations
Class II: Not-for-Profit organizations
Class III: Civic organizations
Class IV: Commercial or For-Profit organizations and any other
group or individual
3. Deposit Fees
Auditorium
All Other Rooms
$200.00
$ 50.00
4. Rental Fees
A. Rooms A, B, C, D
Category
Class I
Class II
within District
No charge
No charge
outside District
No charge
approved by Board
Class III No charge
Class IV
(<1,500 sq ft) $1O.00Ihour
(1,501-3,000) $15.001 hour
(3,001+) $20.001 hour
No charge
$25.001 hour
$45.001 hour
$60.001 hour
B. Auditorium
12
Category
Class I & III
Class II
Class IV
within District
No charge
approved by Board
$20.001hr < 10 pm
$40.001hr 10 pm +
outside District
No charge
approved by Board
$60.001hr < 10 pm
$80.00/hr 10 pm +
C. Wheels Amphitheater and Open Area
Fees charged in accordance with the Sugden Regional Park
Fee Policy for Use for Countywide Events.
D. Gymnasium
Category
Class I
Fund Raising
Class II
Fund Raising
General Fee
S30.00 per hour any size
S20.00 added to rate above
$60.00 per hour any size
$20.00 added to rate above
Classes III, IV will be required to pay sales tax.
5. Service and Sale of Alcoholic Beverages
A. Serving of Alcoholic Beverages
These provisions apply for any event where
alcoholic beverages will be available. No alcohol
may be made available without a valid Certificate of
Insurance on fIle at the Golden Gate Community
Center.
User categories Class I and Class II, as previously
defIned in 0 (2), above, the user must present a
General Liability Policy for the date of use which
specifically includes contractual liability and host
liquor liability in an amount not less than Five
Hundred Thousand Dollars ($500,000) at least four
(4) weeks prior to the event. As determined by the
County Risk Management Director, in the event of
above average exposure Five Hundred Thousand
Dollars (S5oo,000) liability coverage shall be
required. In the event of unusual or high exposure
One Million Dollar (SI,OOO,Ooo) liability shall be
required.
B. Sale of Alcoholic Beverages
In the event any user intends to sell alcoholic
beverages, they will be required to meet all State
requirements regarding the sale of alcohol and
obtain all required permits. Copies of said permits
shall be f1led with the Community Center
Supervisor. The Center Supervisor shall contact
Collier County Department of Risk Management for
insurance requirements.
C. Rules and Regulations for Users Serving Alcoholic
Beverages
13
1. It is the responsibility of the user that no
alcoholic beverage shall be allowed outside
assigned meeting room(s) auditorium.
2. The user is responsible to ascertain that no
alcoholic beverage shall be served to any person
under the age of 21.
3. The user shall be responsible for the behavior of
any parties with the user's group.
4. The user shall be responsible to assure that no
alcoholic beverages are served during the last thirty
(30) minutes of user's scheduled event.
5. The user will be responsible for supplying a
Certificate of Insurance at least four (4) weeks prior
to scheduled event (see insurance provisions).
6. The user will be responsible to comply with
Chapter 562, Florida Statues..
7. The user must abide by all other operational
policies and procedures of the Golden Gate
Community Center. Any violation of any of these
rules can result in termination of the event.
8. The user must pay the cost of security provided
by the Collier County Sheriff's Office. The fee is
payable to Collier County Parks and Recreation at
the time of payment for facility use.
2. A copy of the fee rules, as hereby amended, is attached.
3. This revised policy shall be effective October 10, 2006.
This Resolution adopted this day of
and majority vote in favor of passage.
, 2006 after motion, second
ATTEST
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Frank Halas, Chairman
Approved as to form and legal
sufficiency:
By:
Robert Zachary
Assistant County Attorney
14
Agenda Item No. 16A1
October 10, 2006
Page 1 of 5
,-
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Waterways of Naples Unit
Five". The roadway and drainage improvements will be privately
maintained.
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Waterways of Naples, Unit Five"
CONSIDERATIONS:
1. On March 11, 2000, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Waterways of Naples Unit Five".
2.
The roadway and drainage improvements will be maintained by the
project's homeowners association.
--
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution.
-
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A1
Agenda Item No. 16A1
October 10, 2006
Page 3 of 5
Recommendation to grant fmal approvai at the roadway (pnvate) and drainage Improvements
for the final plat of Waterways or Naples Unit F!ve The roadway and dramage Improvements
will be pnvately maintained
10110120069:0000 AM
Date
Prepared By
John Houldsworth
Community Development &
Environmenta! Services
Senior Engineer
Engineering Services
9/11/20063:36:18 PM
Date
App roved By
Thomas E. Kuck. P.E.
Community Development &
Environmental Services
COES Engineering Services Director
COES Engineering Services
9111/20064:48 PM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9113/200610:20 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services.
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
Date
9/20/2006 10:46 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/25120068:12 AM
Date
".--'
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
9125/20068:25 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/27/2006 6:46 PM
.,...- <0 L{)
<(0_
<000
.,...-N"<t
COal
Z""'- OJ
.... ro
EWD...
w.o
......0
-;;1:5
-00
c
W
OJ
<(
~ is
~ ~
o Ir
Z
o
w-
~!;(
000
9
0-
<I
~
i
~
~
L1J
....
en
i
g
~
~2
~~i
i~
LIJ
ii!::
u..
I::
!5
U)
'L1
J
31YOS Q.l lON I -.- i
- z
u..
0
U)
>-
;! <C
~ ;! ;! ~ J:
~~ I ~ ~~ I::~ ffi
I::~ - ~e to-
~~ ~ ~i ~ ~~ iS~ <C
~ ~ Ii :~ J:
" ~ ~ S
II g
~ ~ ;! 8
~ ~I ~ ~ 6~ Ei!j!
~ ~ 6. N ~~
!i ~ ~ .. " ~E;
~ N N ~ ~ iS~
~ r g
!i is 0-
g <I
~ ~ ~ ~ ~
o .~
~~a ~~~ 1::.. t3:!
,J~lll N 5~~ ~ ~~ .., ~2 Z
-r~ ~~6~ f
Ei~ N ~~e iS~
f-Z ~~ g 0
00
w- -
--,!;( _^'lT1Oll ... 0l:IV1Jl11OB NOS1iM ~
00
a:o ~
(L..... ~ ~ ~ ~
~ ~ ~- U
6" Ei~ ~o .~i
::l~ N ~2 i ~~i ~~: 0
~~!: oz r
o~ r ~ iS~ is -1
is S S
g ~
0
~
I::~
~. N ~~
:0 !~ ~ <i~
P ~!;
~ !" ..~;
"
;!
~
I::ii\
==;!t::
cz
r
(Dg l:f:l) 0't0l:j :e1\I'ACJW1'I1- HldWN
e~~=S:
iS~e
~.z
8"~
.
<
13~
01 ~ i
r
~
5:3
~ ~~
~
Agenda Item No. 16A 1
October 10, 2006
Page 5 of 5
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN
WATERWAYS OF NAPLES UNIT FIVE,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 33, PAGES 89
THROUGH 90; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR mE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
WATERWAYS OF NAPLES HOMEOWNERS'
ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
November 23, 1999 approved the plat of Waterways of Naples Unit Five for recording;
and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and dminage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Waterways of Naples Unit Five
pursuant to the plat thereof recorded in Plat Book 33, pages 89 through 90, and the Clerk
is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Waterways of Naples
Homeowners' Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of ,2006.
DATE:
ArrEST:
D~GHTE.BROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS. CHAIRMAN
, Deputy Clerk
Approved as to form and legal
suff~ency:
1'~
Ps.. _Colli" County Attomoy
Agenda Item No. 16A2
October 1 0, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Waterways of Naples Unit Six".
The roadway and drainage improvements will be privately maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Waterways of Naples Unit Six"
CONSIDERATIONS:
1. On November 11, 2000, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Waterways of Naples Unit Six".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
~-
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution.
-
,/
Agenda Item No. 16A2
October 10, 2006
Page 2 of 5
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Waterways of Naples Unit Six" and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda lIem No. 16A2
October 10, 2006
Page 3 of 5
16A2
Recommendallon to grant fmal approval of Ihe roadway (pnvale) and drainage Improvemenls
for the fmal plat of Waterways of Naples Unit Six The roadway and drainage lrnorovements
will be privately maintained
10/10/200690000 AM
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
9/11/2006 3:40:28 PM
Date
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
coes Engineering Services Director
COES Engineering Services
9111/20064:49 PM
Date
Approved By
Constance A, Johnson
Community De....elopment &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
91131200610:23 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
Date
9120/2006 10:47 AM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9125120068:13 AM
Mark Isackson
Date
.-
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
9/2512006 8:27 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
9127/20066:55 PM
N <.0 LO
<{O,,-
<.000
.....N"<i"
cioo;
z..... OJ
Lorn
ECDo...
CD..Q
......0
-;;;1:5
"CO
c
CD
OJ
<{
l:~
8~
uO
~l\
~~
~
~
~l!l
::~'=
u.
~~
g
U1~ "'t!.oJ tJWO'tI 33"MK)WWI- 83"1cfYN
2~~'l
ffi~=
~~.
8wO
l:55i"
,....u
"'OZ
"'~<
0,"'"
~
<(
~ :J:
t!
,.
g UJ
I-
-
en
~
><
US
I::
!'j
en
.~
31't:lS allON I ~ J.
- ~
en
>-
~ <(
~ ~ ~ ~ J:
~~ ! ~ ~~ ~
~ ~c IJ..I
~~ ill ~: ~ ~~ ~
~c I r.3 ~~ <(
::' ~ ~ ~~ ffi J:
~ r ~ g
~ ~
g ~ 5~
~ ~
~ ~~ N~!f
~ ~. ~~~
N ~~: iSO
~~ r a
~
<(
~ - ~ ~ :J:
o .~
~~~ ~ ~:
~~~ ~c
'"~~~ N ~~~ ~ ~; I") ~!= Z
~~a Nr" ~~Ei iSO i~
I-Z tJ~ 8 a 0
00
w- -
'"">!;( .....^"""" """^"""'" NOll1JM ~
00
11:0 ~
n.....J ~ ~
~ ~N ~ ~ E= U
~ 1311 ~c
~I;; "h i ~~~ ~~i ~~~ 0
~~!: r
~!> r c: ffiO iS~ ...J
<J. S a
a ~
~
~
13~
13: N ~~
::: ~ ~ n ~~
p ~
~ ~ c~;
n 0
~
E ~
.. 5 j
~
~
~
t:l:2
g] ~~
~
Agenda Item No. 16A2
October 10, 2006
Page 5 of 5
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAJNAGE IMPROVEMENTS IN
WATERWAYS OF NAPLES UNIT SIX,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 33, PAGES 91
THROUGH 95; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADW A Y AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
WATERWAYS OF NAPLES HOMEOWNERS'
ASSOCIA nON
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
November 23, 1999 approved the plat of Waterways of Naples Unit Six for recording;
and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Waterways of Naples Unit Six,
pursuant to the plat thereof recorded in Plat Book 33, pages 91 through 95, and the Clerk
is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Waterways of Naples
Homeowners' Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2006.
DATE:
A TrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficiency:
right
t Collier County Attorney
Agenda Item No. 16A3
October 1 0, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Waterways of Naples Unit
Seven". The roadway and drainage improvements will be privately
maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Waterways of Naples Unit Seven"
CONSIDERATIONS:
1. On April 23, 2003, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Waterways of Naples Unit Seven",
2.
The roadway and drainage improvements will be maintained by the
project's homeowners association.
,-
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution.
,,-
Agenda Item No. 16A3
October 10, 2006
Page 2 of 5
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Waterways of Naples Unit Seven" and release
the maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A3
October 10. 2006
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Recommendation to grant final approval of the roadway {private) and dramage Improvements
for the final plat of Waterways of Naples UOIt Seven The roadway and drainage
Improvements will be privately maintained.
10/10120069.00.00 AM
Senior Engmeer
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Engineering Services
9/11120063:43:51 PM
CDES Engineering Services Director
Date
Approved By
Thomas E, Kuck. P.E.
Community Development &
Environmental Services
CDes Engineering Services
9111120064:49 PM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/131200610:25 AM
App roved By
Joseph K. Schmitt
Community Development &
Environmental Ser....ices
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
9/2012006 10:47 AM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
9/25/2006 6:13 AM
Mark Isackson
Budget Analyst
Date
....--
Approved By
County Manager's Office
Office of Management & Budget
9/2512006 6:32 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
912712006 7:00 PM
C") co LD
<0_
CODA
..-N'<t
ciocv
Z"- 0)
'- co
ECVCl..
cv.o
_0
~t5
;20
CD
0)
<
Z
o
w -
I-!;(
Ciio
o
...J
~
<(
... ~
~~ ...
~8 ~
~; CJ I.JJ
:i
25 ~
-
en
(M to) oYmf JJ"MIo""
nns m lON I
-
-.-
if]
>
~
~
'()
J
J
j
l5
U)
>
<
:it
ffi
~
<
:it
~ ~
go ! ~
2 ~~ f:1~
~t ~ g~
~ :' g ~
~ ~
I ~
~ ~ ~
~ ~ ~
i:l(ll ~ ~ i:l.
'" .
::~t: ~ N N ~~
0% ~ ;~
r ~
11
~ ~
o .ili
!~~ ~ltI:::
o~~~ 1I"l~~~ N ~a ~ ~ ~d~
-i5~" -r~ N ~ ~" ~ N~~i
1l~z ~!l ~~ gW'
W" 2
I-Z
00 ~ 1M
w-
~!;(.
00 ~
~ a:o ~
Cl......J ~ < ~
'" ~N ::J~
i:l~ t'l~
0 ~~ ~~t= N ;~ i ~~1i
~~ ~ is"
~ 1l ~ !l
~ i
'" ~= ~
fC:2
'" ~~ :: g~ " ~
~ p
~ ~
~
~~
~ ~~
i
~
~~
N~i
~ ~
<(
~ ~
~
i:l.
n ~; Z
r 0
-
~ ~
~- U
~~~ 0
r ....J
~
'"
i:lo
Il':~:
<'l~
i
",l'I~
~
j:J
'"
~e
~ ;:
~!
g
~
E~
~;~
~
::J~
;;~~
~3
11
mNA3"Jf'lQB NOrnw.
~
~.
~~i
r
'"
llj~~
< ~
~~~
:;;
Agenda Item No. 16A3
October 10, 2006
Page 5 of 5
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN
WATERWAYS OF NAPLES UNIT SEVEN,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 36, PAGES 72
THROUGH 77; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE NUUNTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
WATERWAYS OF NAPLES HOMEOWNERS'
ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 13, 2001 approved the plat of Waterways of Naples Unit Seven for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in WaterwaYs of Naples Unit
Seven, pursuant to the plat thereof recorded in Plat Book 36, pages 72 through 77, and
the Clerk is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Waterways of Naples
Homeowners' Association.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of ,2006.
DATE:
ArrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficiency:
Agenda Item No. 16A4
October 10, 2006
Page 1 of 4
-"","-
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Mediterra Phase Three East
Unit Three"
OBJECTIVE:
To approve for recording the final plat of "Mediterra Phase Three East Unit Three", a subdivision
of lands located in Section 12, Township 48 South, Range 25 East, Collier County, Florida,
following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-
199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Mediterra Phase Three East Unit Three". These documents are
in compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. There are no required subdivision improvements associated with this plat.
Engineering Services Department recommends that the final plat of "Mediterra Phase Three
East Unit Three" be approved for recording.
_.
FISCAL IMPACT:
The County will realize revenues as follows:
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $1050.00 - plat review fee
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
_. development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
Agenda Item No. 16A4
October 10, 2006
Page 2 of 4
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Mediterra Phase Three
East Unit Three" for recording.
,-'
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
'<;t(D-q-
<(0_
..-00
':,C"0
.;)Q)
L"- Ol
E....cu
Q)D...
Q)..o
......0
-;;;-u
-00
c:
Q)
Ol
<(
~
ffi
~
,.
:z
"
u
<II
'"
c..
<(
:E:
UJ
I-
-
Cf)
"
&'
i'!
i;j
,.
~
l::
!i
I-
~
It!
~
~
<(
i
~
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A4
October 10, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
15M
Recomme~dallon to aoprove for recording the final plat of Medllerra Phase Three East Unit
Tllree
1 Of1 01:'006 9.00 00 P.M
Prep. red By
Date
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
9/141200612:44:39 PM
Date
Approved By
Constance A. Johnson Operations Analyst
Community Development & Community Development &
Environmental Services Environmental Services Admin.
91151200611:09AM
Approved B)'
Date
Stan Chrzanowski
Comm unity Development &
Environmental Services
Engineering Review Ma.nager
Engineering Services
912212006 8:02 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Ser\lices
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
9/2412006 9:26 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
912512006 2:47 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management 8. Budget
9/25/20063:16 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9127/2006 7:08 PM
Agenda Item No. 16A5
October 10, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Ave Maria Unit 9, Del Webb
Parcels 101, 103, 104 & 105", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Ave Maria Unit 9, Del Webb Parcels 101, 103, 104 &
105", a subdivision of lands located in Section 8, Township 48 South, Range 29 East, Collier
County, Florida, following the alternative procedure for approval of subdivision plats pursuant to
Resolution 99-199.
CONSIDERATIONS:
,-.
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Ave Maria Unit 9, Del Webb Parcels 101, 103, 104 & 105".
These documents are in compliance with the County Land Development Code and Florida State
Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the
required improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Ave Maria Unit 9, Del
Webb Parcels 101,103,104 & 105" be approved for recording.
FISCAL IMPACT:
The project cost is $1,358,402.67 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $454,000.00
- $904,402.67
The Security amount, equal to 110% of the
project cost, is $1,494,242.94
The County will realize revenues as follows:
-
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $28,372.08
Agenda Item No. 16A5
October 10, 2006
Fees are based on a construction estimate of $904,402.67 (does not inch.RmEPatef 4
Maria Utilities) and were paid in July, 2006.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,240.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ n/a
c) Drainage,
Paving, Grading (.75% const. est.) - $ 6,783.02
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ n/a
e) Drainage, Paving,
Grading(2.25%const.est.) - $20,349.06
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
lEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Ave Maria Unit 9, Del
Webb Parcels 101, 103, 104 & 105" for recording with the following stipulations:
1. Approve the amount of $1,494,242.94 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
,..'-
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
LOc.o'<:t
<:(0-
~O
'("")
~ <ll
~ -= ~
E<llD...
(1)..0
-0
~u
-00
C
(I)
Ol
<:(
... '"
of) ""
of) ""
'" ,...
6Z - !:IS
avo!:l S1V3~ d"V~
~
0::
w
W
...J
<
""
~ 0/1 18 S301'10~3fI3
1!!
'"
<
o
0::
"'
":I
<
""
o
:0
1!!
'" ~
IX) ~
IX) ~
~
of)
,...
c;;
...J
rn
10'
<
"
z
w
"
-'
o
"
a.
<t
:E:
UJ
I-
-
en
l'lYOS Ol 'ON I ""I:-
-
~
..:t
52
0-
!i~
;:)S
ia
:Eu
DC
~~
I
~
a..
<t
:E:
z
o
-
~
u
o
....J
~,-'I"CO
o'i
r:,oJ";
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A5
October 10. 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16~5
Recommendation to approve fo~ recording the fmal plat of Ave Mana Unit 9 De! Webb
Parcels 101, 103 1 D4 & i 05, approval of the standard form Conslructlon and Maintenance
Agreement and approval af the amount of the performance secunty
10110/2806 9.000C AM
Date
Preps red By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
9/18120063:07:31 PM
Date
Appro,'ed By
Constance A Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/18/20064:02 PM
Date
Approved By
Stan ChrzZlnowski
Community Development &
Environmental Services
Engineering Review Manager
Engineering Services
912212006 8:05 AM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental ServIces Adminstrator
Comm unity Development &
Environmental Services Admin.
912412006 9:28 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/25120062:45 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
9125120063:24 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9127120067:12 PM
Agenda Item No. 16A6
October 10, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a reimbursement of a
portion of the impact fees paid for "Handsome Harry's Third Street Bistro", in the
amount of $28,305.12, due to a change in the calculation of the impact fees applicable to
the project and the resulting over-payment of impact fees and authorizing a change in
policy for the assessment of impact fees for mixed use commercial buildings, consistent
with the recommendations of the County's impact fee consultants and legal counsel.
OBJECTIVE: That the Board of County Commissioners approve a reimbursement in the
amount of $28,305.12 due to a change in the calculation of the impact fees applicable to the
project and the resulting over-payment of impact fees and authorizing a change in policy for the
assessment of impact fees for mixed use commercial buildings, consistent with the
recommendations of the County's impact fee consultants and legal counsel.
.-
CONSIDERATIONS: On December 12, 2005, a City of Naples Building Permit was issued
to D. Brown Builders for a commercial addition and alteration, and a total of $121,749.60 in
Collier County impact fees was collected. Since that time, there have been ongoing discussions
with the representatives for the owner of the property, Ms. Joan Fleishman Tobin, as to t.he
proper classification of the project. Initially, staff concluded that the building permit was for
the construction of an addition and alteration to an existing retail building, converting the
majority of the space to a low-turnover restaurant and impact fees were assessed for the
additional square footage and the change of use. After receiving additional information about
the project and discussions with the County Attorney's Office and the County's impact fee
consultants, staff has determined that the correct assessment of impact fees for the project is the
application of a mixed use calculation, with the impact fees for the restaurant square footage
assessed at the low-turnover rate and the impact fees for the remaining retail square footage
assessed at the retail rate. This calculation results in lower impact fees for the project.
Therefore, the owner has requested a reimbursement of the overpaid impact fees.
-
Current County impact fee policy has been to assess impact fees for commercial buildings based
on the majority use of the building, however upon further review, staff has determined that the
more accurate approach for these types of buildings is to apply a mixed use calculation which
addresses the uses contemplated and ensures that the fees are assessed fairly and equitably to
each of the land uses. The mixed use calculation would not be applicable to shopping centers,
as they are already defined within the Chapter 74 of the Collier County Code of Laws and
Ordinances (the Code), which is the Collier County Consolidated Impact Fee Ordinance, as
amended, including the types of stores, offices, etc. that are typically part of a shopping center.
Therefore, staff is recommending that the Board of County Commissioners authorize a change
in policy for the calculation of impact fees for mixed use commercial buildings, to be applied as
described above, which is consistent with the opinion of the County Attorney's Office and the
County's impact fee consultants and legal counsel. Further, because this is a change in policy,
staff recommends that the change become effective immediately upon the Board's approval of
this item, except for those developments that meet the following criteria: I) have a current
Certificate of Adequate Public Facilities (COA); and 2) a tenant build-out building permit has
never been issued for the specified space; and/or 3) the space has never been lawfully occupied.
Hansom Harry's Reimbursement
Page 2
Agenda Item No. 16A6
October 10, 2006
Page 2 of 7
This allows those projects "in process" that meet the specified criteria to proceed under the prior
policy and information previously provided by staff.
Section 74-202(h) of the Collier County Code of Laws and Ordinances provides a mechanism
for the reimbursement of impact fees being overpaid due to an incorrect application of the rate
schedule. In keeping with this procedure, Roetzel and Andress, on behalf of the owner,
submitted a complete and timely refund application. This matter is before the Board as the
Ordinance requires that all reimbursement requests exceeding $25,000 cannot be approved
administratively and must be submitted to the Board of County Commissioners.
FISCAL IMP ACT: The recommended impact fee reimbursements will be expense budget
transactions against the applicable line items in the following amounts:
Road (District 3)
Government Buildings
Correctional Facilities
Emergency Medical Services
$ 23,976.37
$ 3,036.26
$ 782.05
$ 510.44
Total:
$ 28,305.12
GROWTH MANAGEMENT IMP ACT: Remittance of the requested impact fee
reimbursement may adversely affect capital project funding for road construction. However,
since the impact fees were overpaid a reimbursement is due to the customer.
LEGAL CONSIDERATIONS: The application for reimbursement meets the requirements of
Section 74-202(h) of the Collier County Code of Laws and Ordinances.
RECOMMENDA TION: That the Board of County Commissioners approve a reimbursement
of a portion of the impact fees paid for "Handsome Harry's Third Street Bistro" in the amount
of$28,305.12 due to a change in the calculation of the impact fees applicable to the project and
the resulting over-payment of impact fees, and any related budget amendments that may be
required. Additionally, that the Board of County Commissioners authorize a change in policy
for the assessment of impact fees for mixed use commercial buildings, consistent with the
recommendations of the County's impact fee consultants and legal counsel.
Prepared by: Amy Patterson, Impact Fee Manager
Business Management and Budget Office, CDES
,-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A6
October 10. 2006
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A6
Recommendation that the Board of County Commissioners approve a reimbursement of a
portion of the impact fees paid for Handsome Harrys Third Street Bistro, in the amount of
528.305.12, due to a change in the calculation of the impact fees applicable to tne prOtect
and the resulting over-payment of impact fees and authorizing a change in policy for the
assessment of impact fees for mixed use commercial buildings, consistent with the
recommendations- of the Coumty's impact fee consultants and legal counsel
10/10/2006 9:0000 AM
Impact Fee Manager
Date
Prepared By
Amy Patterson
Community Development &
Environmental Services
Financial Admin. & Housing
6/5/2006 11 :23: 55 AM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
6/5/20064;41 PM
Approved By
Garrett M ullee
Community Development &
Environmental Services
Financial Operations Manager
Date
Financial Admin. & Housing
61612006 2:50 PM
Donald L. Scott
Transportation Planning Director
Date
App roved By
Transportation Services
Transportation Planning
6/7120068:29 AM
Approved By
Date
Marjorie M. Student-Stirling Assistant County Attorney
61812006 1 :20 PM
Approved By
County Attorney County Attorney Office
Constance A. Johnson
Community Development &
Environmental Services
Date
Operations Analyst
Community Development &
Environmental Services Admin.
61a/2006 3;57 PM
Assistant County Attorney
Date
App roved By
Jeff Klatzkow
County Attorney
County Attorney Office
9/25/2006 1 :13 PM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
9/26/2006 2;32 PM
OMB Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
9/27/2006 8:00 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
9/29/2006 1: 53 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County ManZlger's Office
9/29/20066:02 PM
A LEGAL PRO FES SIO' N A L ASSOCIATION
AgendalternNo.16A6 ..
October 10, 2006
850 PARK SHORE DPP'age 4 of 7
TRIANON CENTRE - THIRD FLOOR
NAPLES, FL34103
239.213.3861 DIRECT
239.649.6200 MAIN
239.261.3659 FAX
dweidenbroch@ralaw.com
IIIIiiIII:~ANDRESS II
March 9, 2006
Amy Patterson
Designee for County Manager
Collier County Operations
Support and Housing
2800 North Horseshoe Drive
Naples, FL 34104
REQUEST AND APPLICATION FOR REIMBURSEMENT OF IMPACT FEES
Name of Applicant: Joan F. Tobin and Barbara Z. Walker, Trustees under the Trust for the
benefit of Joan F. Tobin (the "Applicant")
Location: Handsome Harry's Third Street Bistro, 1201 3rd Street South (flkIa The Mole Hole)
(the "Premises")
Date Impact Fee was Paid: On file and not required, per Pau1a Fleishman
Date Building Permit was Issued: December 14,2005 (Application Number: 05-00503833)
Dear Amy:
Please accept this as our formal application for reimbursement of impact fees, pursuant to
Section 74-202(h) of the Collier County Code of Ordinances (the "Code"). Our client, the
Applicant, has paid impact fees in the amount of $121,749.60 (under protest) in order to obtain
the issuance of a building permit to allow for the conversion of a portion of their existing retail
establishment into a restaurant, to be called Handsome Harry's Third Street Bistro ("Handsome
Harry's"). Pursuant to a letter from Paula Fleishman dated December 5,2005, as modified by an
email dated December 9, 2005, impact fees were calculated based on a change of use of the
entire Premises from retail to restaurant purposes. As discussed below, we contend that the
imposition of impact fees based on the square footage of the entire Premises is based on an
improper applicatiorl Section 74-201(c) of the Code.
Section 74-20 1 (c) of the Code states that impact fees are to be calcu1ated based only on
the net increase (italics added for emphasis), alteration, expansion, or replacement of a use,
provided such net increase, alteration, expansion, or replacement of the use results in, among
other things, intensification of the use so as to result in a change to a higher impact fee category.
Section 74-201 (c)(4) further provides that:
"If proposed changes to a lawfully eXIstIng building or then
permitted use are deemed to create any additional impact on one or
more public facilities, then the impact fee that will be due and
payable to the county for such proposed changes will be
CI...EvEI..AND TOLEDO AKRON COLUMBUS C1NClNNATI WASHINGTON, D.C. TAllAHASSEE ORLANDO FORTMYFRS NAPlES
493818 v_OJ \063146.0001
www.ralaw.com
Agenda Item No. 16A6
October 10, 2006
Page 5 of 7
Amy Patterson
March 9, 2006
Page 2
determined by the new increase in demand on those public
facilities. Any lawfully existing building or land use that is
expanded, replaced or changed shall be required to pay impact fees
based on the new or net additional demand placed upon one or
more public facilities by applying the then applicable impact fee
rate schedule. Therefore, impact fees will be assessed only for the
net increase in square footage, number of unit( s), intensification of
land use, or any other change resulting in increased available
capacity. (Italics added for emphasis).
The Premises upon which Handsome Harry's, together with the existing retail space, will
be located is currently comprised of 7,029 square feet and the Premises have been used entirely
for retail purposes since 1978. After the anticipated conversion of a portion of these Premises to
restaurant use, the Premises will be comprised of 6,964 square feet. Of this 6,964 square feet,
2,670 square feet will continue to be used for retail purposes, with the remaining 4,294 square
feet to be used by Handsome Harry's as a restaurant.
Upon submitting their application for a building permit to effectuate this partial
conversion of the Premises to accommodate Handsome Harry's, the Applicant was asked to pay
impact fees based on a change of use of the entire Premises from retail to restaurant purposes.
The calculation of impact fees was based on the entire square footage of the Premises (6,964
square feet), without taking into account that the 2,670 square feet that would remain retail
would not result in a change of use that would cause an intensification ofthe use so as to result in
a change to a higher impact fee land use category. We contend that this calculation was in error.
Based on a clear reading of Section 74-201(c)(4) of the Code, impact fees due based on
the change of use of a portion of the lawfully existing Premises from retail to restaurant purposes
should be assessed only for the net increase in intensification of land use (Italics added for
emphasis). In this case, 2,670 square feet of the proposed 6,964 square feet will continue to be
used for retail purposes and thus will not result in an intensification of land use. As a result, the
net increase in intensification of land use would be the conversion of 4,359 square feet of retail
use to 4,294-square feet of restaurant use. Therefore, pursuant to Section 74-201(c)(4) of the
Code, impact fees should have been assessed based only on this 4,294 square feet rather than the
6,964 square feet representing the entire Premises.
We kindly ask that you recalculate the impact fees due based on a net increase in
intensification of use from 4,359 square feet of retail use to 4,294 square feet of restaurant use
and, pursuant to Section 74-202(h), we ask that you immediately refund any overpayment of
impact fees made by the Applicant as well as the $500.00 "impact fee reimbursement processing
fee" which accompanies this application.
493818 v_01 \063146.0001
Agenda Item No. 16A6
October 10, 2006
Page 6 of 7
Amy Patterson
March 9, 2006
Page 3
I appreciate your prompt attention to this important matter. Should you have any
questions or comments, please do not hesitate to contact me.
Very truly yours,
ROETZEL & ANDRESS, LP A ,
f\
~.
DKW
493818V_01 \063146.0001
f
..
'';'" __~........_ .~'t
.-: J
BUILDING PER:Mrr
Cll~.,f" ...oit ~
:.,.:.....;.;;.. ;..-.....:;)~,... .;:- :';";;-..;';...;';;' ";'~'..;:...,-.;;.;...._.;.;:;,.,,;.-;..--_.;.....:...~ ~;...- ..~..;.;.;;...- ...:._,_.-~.;. ~-..._--.;;;.'- ;;.~-.;;
.,
Appltcad~,,~ ;; ~.. . '.
~Y' A.cIa:te..:. ;, . ; .. ..
POLirOl~'.'.D~~'-::'
:aecttoa....~~~.f;
1'eant~;~;~'...,~.. .; ·
Appltc<<U_~,'..=1~lcm.
;S1JJ:I4iv~:"'" ....... .~.. .. .....
~~~::::
C)!;8JososiJjba~" :';u11~lOS
:ti02.3RJ);;ft' s
3,4QUU00015
'O:t-50:"'25 ;
~~Y:.
~?~..~OIJ/A.L~~
~.'?pt,Mt~9i' TDPt:.
~.~~~~;S'Dl,
j~!jl.PIlt>,' .
'CQDtaet'Q.r
.<i/." ", 1",-
~
---
'" , ""'; ~,-," , ._--:--~--~,:,:-~----......------~
~~-'~1~~.;~~fl~..~." n.",~Jttr;~s,..coet".$?
2"U1.'Jl.',~va;'*;;_':'#oa;1.~~.~AW'SS" ....
'lIAPLu 'f!L.jilio2fi.,; ~. .....,.. .'. ........ .1$34'1'0.9
.. .tU.'; 5!l'~7;iJ8..
.... .-" '" .,' ',' . - ..;. .:,.-"..".- ...... ',' ',', "",:.-' -,'" ',- ..-;-': '. .. ,'"...:- :",'''' '-- ',;-' , ", ,...,.....:..,:...... / ",' " ....
~~'.'~iODOOO 000 .~I~,,:~...f~~.iPL'tIMaj'MBCB~'P
~ttioa:~~ '.. .' ... "..~.:~~.Pdr.(,.O~) ~i~~..~h;.
OC~. '1'ype'.' · . . . . BUSDlI.SI1. .
Other at:i:ucC'1za,fo .. . ..:. SO'I.Ui~ (rhu .
SJIMIAJtt>.:OP "tX'X!t. OOCL (JIO)
.-......;.. _:.:-.... ...;....;..'.;,;.,;:'_......~,___....,.;.,..;::.;....,;:.~':;.;.,:e,;;.:_.....,._-:..;..,:-:...;.:_ :.;,;..;;-:..:~'M....~ .;;:;...::_,~,.;;...: ~'...;..;._,...,.: ____.;,.i.,,;_._ ..'~_,~,__~_,;_ :':'';'';'~,_:--
~t ... ..... .
JMidit:1tmaldaC... .
~t~'.~: :
~-:.~t~\~t:.; :':
BJ,ot)G. '~.':COJI4/IfP:tQ. AT1Dt&T.
~~...........
. .......s..QO.
E~i~~.:
311'3.'15
"'0'..
':<"."",
P1tm ChilidC....:. .
~~1i~ic.i. ..' ..
Qi,y
5250..00
UDJ.#,;,~ l'lU: kt~.iblQ.
~SJ)OO: Jtr(lm"iL~'l'%Oit' c:r:1IJM1NFls't .. , '~%G2S;1.1)~
-~.~ .'~:--"''''' --..... ....--..--... -.~ .....,,~.~......~--.~..~,-""~-.....~~---:... --- - -~ '--.- ,_.....:- -~- ~--- - - - -~~- '!"... --.- ---,-"!"'-_....-
,Permit ...., ' .. .',
JdiUttoual.detrl:: j, ~.
..... Aece..' ,COde .<
.Peza:l:.t Fee ~'.. ';',',
Daue nat.
Ibq;Jb:aUonnat4li
,....
~
. , . .
.' """..',:,
" "'. .:.... ".'
U1i4tOS
u.,luio?
Pia. Qbec:k'l'ee . .
Valuat:ion . . .
3.0 ~'50
o
,. ' .
-.-.--........... -.---:.....-.- -.- - - ----......---...........-.,.-....--- ....-.....-'-........-..... .........- -..-..-...;..,.;,.--.-......-."...-...... .....-......- ..- .....--, - _.__._._...
c:<:'$'TP.Acroa.'S~
APPROVBDBY'~OPI!'I~
I~M~: .....
Agenda Item No. 16A6
October..-1O.,...2006.",
Page 7 of 7
Agenda Item No. 16A7
October 10, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Ave Maria Unit Two, Park of
Commerce", approval of the standard form Construction and Maintenance Agreement
and approval of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Ave Maria Unit Two, Park of Commerce", a
subdivision of lands located in Section 4, Township 48 South, Range 29 East, Collier County,
Florida, following the alternative procedure for approval of subdivision plats pursuant to
Resolution 99-199.
CONSIDERATIONS:
,"""-
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Ave Maria Unit Two, Park of Commerce". These documents are
in compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Ave Maria Unit Two, Park
of Commerce" be approved for recording.
FISCAL IMPACT:
The project cost is $4,133,212.41 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $1,103,970.05
- $3,029,242.36
The Security amount, equal to 110% of the
project cost, is $4,546,533.65
The County will realize revenues as follows:
~
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $92,362.27
Agenda Item No. 16A7
October 10, 2006
Fees are based on a construction estimate of $3,029,242.36 (does not intl~ of 4
private Ave Maria Utilities District water and sewer improvements) and were paid
in March, 2006.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,485.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ n/a
c) Drainage,
Paving, Grading (.75% const. est.) - $22,719.32
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ n/a
e) Drainage, Paving,
Grading(2.25%const.est.) - $68,157.95
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the final plat of "Ave Maria Unit Two, Park
of Commerce" for recording with the following stipulations:
1. Approve the amount of $4,546,533.65 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A7
October 10, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A7
RecommendatIon to approve for recordmg the final plat of Ave Mana Umt Two, Park of
Commerce, approval of the standard form Construction and Maintenance Agreement and
approvai of the amount of the performance security
10/10/200690000 AM
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
9/22/2006 9:29:52 AM
Date
App roved By
Constance A. Johnson
Community Development &
Environmental SelV'ices
Operations. Analyst
Community Development &
Environmental Services Admin.
9/22/2006 9:44 AM
Date
Approved By
Stan Chrzanowski
Community Development &
Environmental Services
Engineering Review Manager
Engineering Services
9/25/2006 5: 22 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
9/26/2006 2:33 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/27/2006 8:09 AM
Date
-
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
9/27/20064:30 PM
Date
App roved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/2812006 3:44 PM
I'-tO"<t
0::(0-
tOOD
...-N"<t
. 0 QJ
ZO...- OJ
__ ro
EQJQ..
(1).0
_0
~l5
-00
c
QJ
O"J
0::(
.
'"
'"
10
en ~
co ~
a..
<t
:E:
I.LJ
I-
-
en
'" CO
10 ,...
i
m:>s Ol !ON / ~
-
~
a..
<
~
~
~
6~
!IS
avo~ S1V3~ dlW)
a..
<t
:E:
"'
,...
w
w
-'
<(
'"
o
:::!'
~
z
o
-
~
U
o
..J
~
-'
CD
;j!
o
'"
OJ
OJ
-'
<(
'"
o
:::!'
~
~
<(
"
Z
~
"
G\YJ
eft
\Iot.~cP
Agenda Item No. 16A8
October 10, 2006
Page 1 of 13
,,,,,.~
EXECUTIVE SUMMARY
Recommendation to affirm the approval of a United States Fish and Wildlife
Cooperative Agreement 401816J091 for a Derelict Vessel Removal Grant and
approval of the necessary budget amendments to recognize and appropriate grant
revenue in the amount of $31,000
OBJECTIVE: To assist the Ten Thousand Islands National Wildlife Refuge with the removal of
derelict vessels.
CONSIDERATIONS: The Environmental Services Department was approached by the Ten
Thousand Islands National Wildlife Refuge (TTINWR) requesting assistance with the removal of
derelict vessels from within the boundary of the Refuge. The USFWS offered Collier County grant
funding in the amount of $31,000 for the initial project. The agreement is for a total of five years.
Following satisfactory performance and availability of future funds, Collier County may be offered
additional funding in increments with a total amount not to exceed $250,000. Acceptance of future
funding will require modification of the agreement and approval by the Board of County
Commissioners.
The Board of County Commissioners approved submittal of the initial application at the July 25, 2006
meeting. Since the agreement needed to be returned to the grantor prior to the September 12, 2006
Board of County Commissioners meeting, the County Manager signed it to be followed by this after-
,- the-fact approval. Collier County CMA #5330 authorizes the County Manager to sign grant
agreements with subsequent Board of County Commissioners action at the next available Board
meeting to ratify the approval as "after-the-fact."
FISCAL IMPACT: The grant award is $31,000. No additional matching funds are required. The
attached budget amendments are necessary to recognize and appropriate $31,000 in grant revenue in
Natural Resources Grants Fund 117.
LEGAL CONSIDERATIONS: The agreement was reviewed and approved by the County Attorney's
office prior to signature by the County Manager. Since the County Manager signed the agreement
rather than the Chairman, the Clerk's attestation signature block was crossed out. This signature was
not a requirement of the grantor.
GROWTH MANAGEMENT IMPACT: The grant money will support Objective 6.6, 6.7 of the
Conservation and Coastal Management Element of the County Growth Management Plan.
RECOMMENDATION: To affirm the approval of a United States Fish and Wildlife Cooperative
Agreement 4018161091 for a Derelict Vessel Removal Grant and approval of the necessary budget
amendments to recognize and appropriate grant revenue in the amount of $31 ,000.
PREPARED BY: Doug Suitor, Senior Environmental Specialist
Item Number:
Item Summary:
Meeting Date:
Agenda Item No 16A8
October 10. 2006
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A8
RecommendatIon to affirm the approval of a United States FIsh and Wildlife Cooperative
A.greement 401816J091 for a Deralict Vessel Removal Grant and approval Of the necessary
budget amendments to recognize and appropriate grant revenue in the amount of S31 ,000
10110/2006 900:00 AM
Date
Prepared By
Doug Suitor
Community Development &
Environmental Services
Senior Environmental Specialist
Environmental Services
9/28/200610:27:24 AM
Approved By
Date
William D. Lorenz, Jr.. P.E.
Community Development &
Environmental Services
Environmental Services Director
Environmental Services
9/28/20064:58 PM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/29/2006 7:27 AM
Date
Approved By
Marlene J. Foord
Administrative Services
Grants Coordinator
Administrative Services Admin.
9/29/2006 8:32 AM
App roved By
Joseph K. Schmitt
Community Development So
Environmental Service&
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
9/29/20064:04 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
10/3/20068:54 AM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
10/3/2006 9:14 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
1013/200612:33 PM
United States Department of the Interior
FISH AND WILDLIFE SERVICE
] 875 Century Boulevurd
Atlanta, Georgia 30345
Agenda Item No. 16A8
October 10, 2006
Page 3 of 13
In Reply Refer To:
FWS/R4/BA/CGS
September 18, 2006
SEP 2 < 2006
l', .,-~ "';:'"
Mr. James Mudd
County Manager
Collier County Government
2800 North Horseshoe Drive
Naples, Florida 34104
Dear Mr. Mudd:
Enclosed for your files is an executed copy of Cooperative Agreement 401816J091. Also enclosed
are Standard Forms 269 and 270 for your use under this agreement. A copy of the Project Officer
delegation is also enclosed.
If you have any questions concerning this agreement, please contact Vincent Chua, Contract
Specialist, at the above address, Suite 310, or at telephone number (404)679-4059.
Sincerely,
'{I/J
Chief, Contracting and
General Services Division
Enclosures
TAKE PRIDE.~
IN AMERICA ~~
Agenda Item No. 16A8
October 10, 2006
Page 4 of 13
AGREEMENT NO: 4018161091
CHARGE CODE 41545-1262-4600 W5 FY06
Amount $31tOOO.00
DUNS NO: 076997790
FAADS: 12-47625-Naples-021-Collier-33939-14-07/01l06-06/30/11-To to facilitate removal of
derelict vessels on the Ten Thousand Islands National Wildlife Refuge to restore and improve
Federal trust resources in estuaries-O 1
COOPERATIVE AGREEMENT
Between
U.S. DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE
And
COLLIER COUNTY GOVERNMENT
1. COOPERATIVE AGREEMENT RECIPIENT:
Collier County Government
Collier County Environmental Services Department
2800 North Horseshoe Drive
N aplest FL 34104
Recipient Class: County Government
Catalog of Federal Domestic Assistance Number: 15.631
II. AUTHORITY:
This agreement between the U.S. Department of the Interiort Fish and Wildlife Service
(hereinafter referred to as the "Service") and Collier County Board of County
Commissioners (hereinafter referred to as "Collier County') is hereby entered into
pursuant to the authority contained in Section 1 of the Fish and Wildlife Coordination
Act (16 D.S.C. 661) and the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j) and
The Volunteer & Cooperative Partnership Enhancement Act of 1998.
III. PURPOSE:
This Cooperative Agreement is being implemented in order to facilitate removal of
derelict vessels on the Ten Thousand Islands National Wildlife Refuge to restore and
improve Federal trust resources in estuaries. Projects will be undertaken in cooperation
between the Service and Collier County in the location, planningt and implementation of
1
Aqenda Item No. 16A8
- October 10, 2006
Page 5 of 13
removal. This agreement provides funding from the Service to Collier County for
carrying out projects and activities as identified in the Scope of Work (Article V).
IV. BACKGROUND:
The Service and Collier County have responsibilities and goals for conserving natural
resources:
a) The Service has primary responsibilities related to Federal trust species and their
habitats, such as endangered and threatened species, migratory birds,
anadromous fish, and wetlands.
b) Collier County has had responsibility for removal of derelict vessels within the
county since 1998 in order to preserve and enhance the waterways and estuaries
within the County. The County program supports Objective 6.6 and 6.7 of the
Conservation and Coastal Management Element of the Collier County Growth
Management Plan.
For this agreement, funding is subject to appropriation of project funds by Congress, and
shall be for the purposes of carrying out derelict vessel removal on the Ten Thousand
Islands NWR with primary benefits directed towards Federal trust resources.
V. SCOPE OF EFFORT:
For the period hereinafter set forth, Collier County and the Service will furnish the
necessary personnel, materials, services, and facilities needed to implement derelict
vessel removal on the Ten Thousand Islands NWR as specified below.
A. The Service and Collier County mutually agree:
1. That each and every provision of this agreement is subject to the laws of the
United States and the State of Florida.
2. To cooperate in providing recognition for each party of this agreement. Such
recognition may include the display or mention of the names and logos of
each agency in publicity of cooperative projects, publications, project
documents, and any signs placed on project sites.
3. That each party will assign an official representative to coordinate and carry out
the provision of this agreement.
4. That activities covered within this agreement shall not be construed as
obligating the Service or Collier County to expend, or as involving the United
States or Collier County in any contract or other obligation for future payment
of money, other than as specifically stated in Article VII of this agreement; or
in excess of appropriations authorized by law and administratively allocated
for this agreement.
2
Agenda Item No. 16A8
October 10, 2006
Page 6 of 13
5. That subject to the availability of funds, to commence activities under this
agreement in Federal Fiscal Year 2006.
6. That this agreement in no way restricts the Service or Collier County from
participating with other public and private agencies, organizations, and
individuals in similar activities; or from accepting contributions and gifts
specifically for the protection, restoration, enhancement, and management of
environmental resources.
B. Specifically, the Service will:
1. Provide funds (as specified in Article VII) to Collier County to plan and
implement derelict vessel removal on the Ten Thousand Islands NWR
mutually approved by the Service and Collier County.
2. Assign a Service Project Officer to coordinate all activities under this
agreement.
3. Assist, as needed, in the identification and selection of derelict vessels to be
removed.
4. Provide other reasonable technical assistance as requested by Collier County.
C. Specifically, Collier County will:
1. Plan and implement derelict vessel removal on the Ten Thousand Islands
NWR. Proposed derelict vessels identified for removal will be submitted to
Service Project Officer for review and approval (Attachment A - Project
Description).
2. Schedule and participate in a site visit with the Service before and during the
project. Coordinate the projects with the Service Project Officer.
3. Secure qualified contractors and permits to implement the required practices.
4. Monitor activities funded under this agreement and provide site-specific data
to the Service. This shall include the maintenance of complete and accurate
records of actual and necessary costs of carrying out specific projects under
this agreement. Collier County will retain such records for a period of three
(3) years during which time these records shall be made available upon
request to the Service for review and audit.
5. Provide to the Service Project Officer those reporting and delivery projects
specifically identified in Article XII of this agreement.
3
Agenda Item No. 16A8
October 10, 2006
Page 7 of 13
VI. PERIOD OF PERFORMANCE:
The period of performance of this agreement is from July 1, 2006 through June 30,
2011.
The initial award of$31,000.00 should be completed by April 2007.
VII. AWARD AMOUNT:
A. TOTAL (NOT -TO-EXCEED) AWARD AMOUNT: $250,000.00
B. TOTAL AMOUNT FUNDED TO DATE: $31,000.00
C. FUNDING INCREMENTS: The Recipient is advised that the Services' obligation
to provide funding for funding increments included in this agreement is contingent
upon (i) satisfactory performance and (ii) the availability of funds. Accordingly,
no legal liability on the part of the Service exists unless or until funds are made
available to the Recipient and notice of such availability is confirmed in writing to
the Recipient.
VITI. APPROPRIA nON DATA:
APPROPRIATION: 41545-1262-4600 W5 $31,000.00 FY06
IX. PAYMENT PROVISIONS:
A. Upon acceptance of the terms and conditions of this agreement, the Recipient may
submit requests for payment using Standard Form 270, Request for Advance or
Reimbursement, no more frequently than monthly. (Standard Form 271 must be
used if agreement is for construction.) The Debt Collection hnprovement Act of
1996 (P.L. 104-134) requires that all federal payments made by an agency after
July 26, 1996, must be made by electronic funds transfer unless the recipient
certifies that they do not have an account at a financial institution or authorized
payment agent.
B. The original and one copy of each payment request (SF 270) shall be submitted to
the Service Project Officer identified in Article XI.A of this agreement. Upon
approval, the Service Project Officer shall forward the payment request and one
copy to the Budget and Finance Office for processing.
C. Should the Recipient be unable to complete the provisions of this agreement, all
monies provided by the Service which prove to be cancelable obligations or
unallowable costs in accordance with OMB Circular A-87 ("Cost Principles for
State and Local Governments") or the approved budget, shall be refunded to the
Service.
D. This agreement is intended to support a particular project for a specific period of
4
Agenda Item No. 16A8
October 10, 2006
Page 8 of 13
time. Any portion of funds advanced to the Recipient that are not expended at the
completion of the period of performance of this agreement shall be returned to the
Service, along with any interest earned on that amount.
E. All work that is contracted out by Collier County shall be paid by Collier County,
according to their contracting procedures.
X. ADMINISTRATIVE OFFICER:
The Administrative Officer for this agreement is:
Vincent Chua
U.S. Fish and Wildlife Service
1875 Century Boulevard, Room 310
Atlanta, GA 30345
Phone: 404-679-4059
Fax: 404-679-4057
E-mail: vincent_ chua@fws.gov
XI. PROJECT OFFICERS:
A. U.S. Fish and Wildlife Service
Terry J. Doyle
Wildlife Biologist
Ten Thousand Islands National Wildlife Refuge
3860 Tollgate Blvd, Suite 300
Naples, FL 34114
(239)353-8442 ext 228
(239)353-8640 (fax)
E-mail: Terry _ Doyle@fws.gov
B. Collier County Environmental Services Department
Doug Suitor, Senior Environmental Specialist
Collier County Environmental Services Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 213-2953
(239)213-2960 (fax)
E-mail: DougSuitor@colliergov.net
XII. REPORTINGIDELIVERY REQUIREMENTS:
A. Within 30 days following the completion of a derelict vessel removal project
5
Agenda Item No. 16A8
October 10, 2006
Page 9 of 13
under this agreement, Collier County's Project Officer will provide the Service
Project Officer with an overview summary report, including any
recommendations for additional studies or information needed to further support
improvement associated with the subject project. Also, Collier County shall
document the before and after project conditions by taking print or digital
photographs necessary to adequately depict site conditions. A copy of such
photographic materials shall be provided to the Service Project Officer.
B. Final Financial Status Report: Within 90 days after completion of this award, the
Recipient shall submit to the Service Administrative Officer a final Financial
Status Report (Standard Form 269).
XIll. TERMS AND CONDITIONS:
The Department of the Interior regulations governing assistance agreements with state,
local. or Indian tribe governments at subparts A-E of 43 CFR Part 12, Administrative
and Audit Requirements and Cost Principles for Assistance Programs, (plus relevant
circulars of the Office of Management and Budget as referenced in these regulations),
are applicable to this agreement and are incorporated by reference with the same force
and effect as if they were given in full text. Upon request, the Service's Division of
Contracting and General Services will make the full text of these regulations available.
XIV. MODIFICA nONS:
Modifications or renewals may be proposed at any time during the period of
performance by either party and shall become effective upon approval of both parties.
xv SPECIAL PROVISIONS:
A. The liability of the Service will be governed by the Federal Tort Claims Act (28
U.S.C. 2671 et seq.). The extent of the recipient's liability shall governed by the
laws of the state of Florida
B. This agreement may be terminated upon 30 days notification by either party and
by mutual consent of both parties.
C. Recipient will comply with sections 2 through 4 of the Act of March 3, 1933 (41
U.S.C. lOa-lOc, popularly known as "Buy American Act").
D. Recipients of grants/cooperative agreements and/or sub-awards are encouraged
to adopt and enforce on-the-job seat belt use and policies and programs for their
employees when operating company-owned, rented, or personally-owned
vehicles. These measures include, but are not limited to, conducting education,
awareness, and other appropriate programs for their employees about the
importance of wearing seat belts and the consequences of not wearing them.
6
. .
Agenda Item No. 16A8
October 10, 2006
Page 10 of 13
to adopt and enforce on-the-job seat belt use and policies and programs for their
employees when operating company-owned, rented, or personally-owned
vehicles. These measures include, but are not limited to, conducting education,
awareness, and other appropriate programs for their employees about the
importance of wearing seat belts and the consequences of not wearing them.
IN WITNESS WHEREOF, the parties hereto have caused this Grant Cooperative Agreement to
be executed as of the date therein written.
U.S. DEPARTMENT OF THE INTERIOR
::~~ER~CE
TITLE:ChIet. C'AIlIlractlng and GenerII SeMaII
DATE:
SEP 1 8 2006
ATTEST:
By:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
B~ ~--4
~
James V. Mudd, County Manager
A roved at to form
d legal sufficiency:
~,tf
J
~f
County Attorney
7
Agenda Item No. 16A8
October 10, 2006
Page 11 of 13
Attachment A - Project Description
Station or Ecosystem Submitting Proposal: Ten Thousand Islands NWR. South Florida
Ecosvstem
(1) Project Title: Removine Derelict Vessels from the Ten Thousand Islands. Florida
(3) State: FL
(5) Overall Team Rank (Optional):
(7) Alternate Fund Source: OFF
(9) Cross Regional Project: No
(2) Region: 4
(4) Ecoteam Rank:
(6) Primary Fund Source: ON
(8) Cross-Team Project: No
(10) Dollar Amount Being Requested:
Region 4 Amount Requested from this Region $31.000
Region Amount Requested from this Region
Region Amount Requested from this Region
(11) Organizational Code: 41555 (12) Station Name: Ten Thousand Islands NWR
(13) Location: Ten Thousand Islands. Florida (14) Fiscal Year Funded: 2006
(15) Date Accomplished: SeDtember 30. 2007 (16) Project Type: --E
(17) Duration: 1 vear (18) Station/Stations Receiving Funds: Ten
Thousand Islands NWR
(19) Description: Derelict vessels (abandoned and dumped boats with no traceable owner)
that occur in the Ten Thousand Islands are potential navigation hazards and sources of
contamination. These vessels are scattered throughout the area, with an especially high
concentration within the Ten Thousand Islands National Wildlife Refuge (TTINWR). This
project has been identified in the TTINWR Comprehensive Conservation Plan (Task
1.3.8).
Collier County has removed derelict vessels within the County since 1998 in order to
preserve and enhance the waterways and estuaries within the County. The County
program supports Objective 6.6 and 6.7 of the Conservation and Coastal Management
Element of the Collier County Growth Management Plan.
Vessels that have been issued a Florida Fish and Wildlife Conservation Commission
Derelict Vessel Report (FWCC DV Report) are eligible for removal under the County
program, which then seeks funding for removal. Limited funding is available through the
Florida Fish and Wildlife Conservation Commission Derelict Vessel Grant Program
(however, this program has not been funded for the last 2 years) and the County's
reimbursed Boating Registration Fees. The typical cost for a removal of a derelict vessel is
about $2000 for a class A vessel (15- 20'), $2500 for a class 1 vessel (21-25'), $4000 for a
class 2 vessel (26-30'), and greater than $6000 for class 3 vessels (35'+) and houseboats.
The County will continue to remove derelict vessels from the Ten Thousand Islands NWR
as long as there is money to do so, but additional funding is needed. To date, 34 derelict
vessels have been removed County-wide at a cost of $56,850. Of these, 14 have been
8
(
. .
Agenda Item No. 16A8
October 10. 2006
Page 12 of 13
removed from the TTINWR at a removal cost of $33,250. There are an additional 30
vessels that need to be removed County-wide. Of these, 17 occur in the Ten Thousand
Islands at an estimated removal cost of $37,171 and 13 of those occur on the TTINWR at
an estimated removal cost of $30,875.
(20) Total Project Cost: $171.655
(21) Flex Fund Cost On-Service Lands: $30.875
(22) Flex Fund Share Off-Service Lands:
. Habitat $6.296 Administration $
(23)Total Cooperator Contributions: $140.780
(24) Cooperator Table:
Cooperator Labor Equipment Materials Funds In-Kind Total
Collier County $56,850 $58,130 $144,980
FWCC $25,800 $25,800
Total $56,850 $83,930 $140,780
(25) Land Classification: S. 0 (State) (26) Project Action: Restoration
(27) Acres Restored: Wetland 100.000 (28) Upland
(29) Riparian: Miles Acres_ (30) Instream: Miles 5 Acres 60
(31) Listed Species: Smalltooth Sawfish. Manatees. and sea turtles
(32) Coordination with Recovery Lead Field Office:
(33) Recovery Priority:
(34) Recovery Plan Task and Priority:
(35) Key Contacts: Tern J. Dovle. 239-353-8442. ext. 228
Note: Ifneede<t and especially for Research and Recovery Grant Proposals, the Description of
the Project may be continued on this page.
9
;}
Administrative Services Division
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
marlenefoord@collier2ov.net
(239) 774-8971
(239) 774-8720 (fax)
Agenda Item No. 16A8
October 10, 2006
R'~-DCOUNlY ~~~lbe
SEP 0 ~ 2005
ACT10f>1
FiLE
CC:
Doug Suitor, Senior Environmental Specialist,
Environmental Services
Marlene F oor~rants Coordinator
Applications Reviewed and Approved
by Coun~ . fI
submittal:
TO:
Jim Mudd, County Manager
DATE:
September 8, 2006
After-the-Fact Approval by the BCC is
required at the September 26. 2006 BCC
meeting.
FROM:
SUBJECT: County Manager Approval of Grant Agreement for US Fish & Wildlife Service Derelict
Vessel Removal on Ten Thousand Islands Refuge
On July 25, 2006, the BCC approved an after-the-fact submittal of a grant application for the above
program. Your approval of the application was provided on June 27, 2006. In the Executive
Summary, it was indicated that the grant agreement would most likely need to be signed prior to the
September 12, 2006 Board of County Commissioners meeting and would be followed again by an
after-the-fact approval of the BCC. This approval is planned for the September 26,2006 meeting.
The attached contrac1 (1w-O .originals) r-equires your signature. Ii has been reviewed by the County
. Attorney's office. The July 25,2006 Executive Summary is also attached for reference.
Your signature is required on both originals of the Application and on the last page of the
Certifications. See SIGN HERE labels. PLEASE ALSO INITIAL NEAR THE WIDTE OUT
LINE SINCE WE HAD TO wmTE OUT THE CHAIRMAN'S NAME.
Once you have reviewed the agreements, please sign and date in the box above and call me at 774-
8971 for pickup.
Thank you. Please let me know if you have any questions.
Agenda Item No. 16B1
October 10, 2006
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to award Bid #06-4030 to "Motorola Central Control Irrigation Supplies
and Services" to Contemporary Controls & Communications, Inc. and Ag- Tronix. The
annual expenditures are estimated to be $250,000.
OBJECTIVE: To procure the necessary Motorola supplies and repair/maintenance services for
the County's irrigation systems.
CONSIDERATIONS: On July 272006, the Purchasing Department sent notices to 61 vendors
for Bid #06-4030 "Motorola Central Control Irrigation Supplies and Services". On August 16,
2006, two (2) bids were received. The intent of the County is to award to Primary and Secondary
vendors. If the Primary vendor cannot provide the requested services/products within a twenty-
four (24) hour timeframe, the County staff can procure the services/products from the Secondary
vendor. Staff recommends Contemporary Controls & Communications, Inc as the primary
vendor and Ag- Tronix as the secondary vendor.
FISCAL IMPACT: Each applicable project budgeted in Landscape Improvement Fund (112)
has dollars programmed for the installation of controllers.
,..........,
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of Collier County Commissioners award Bid #06-
4030 "Motorola Central Control Irrigation Supplies and Services" to Contemporary Controls &
Communications, Inc. as the primary vendor and to Ag-Tronix as the secondary vendor.
Prepared By: Pamela Lulich, RLA, Landscape Operations Manager, Alternative Transportation
Modes Department
Attachment: Bid Tabulation
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1681
Oclober 10, 2006
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681
Recommendation to award Bid # 06~4030 to Motorola Central Control Irrigatton Supplies and
Services to Contemporary Controls & Communications. Inc and Ag-Tronix. The annual
expenditures are estimated to be S250.000
10/101200690000 AM
Date
Prepared By
Pamela J. Lulich
Transportation Services
Project Manager
Alternative Transportation Modes
9/21/20064:25:41 PM
Date
App roved By
Pamela J, Lulich
Transportation Services
Project Manager
Alternative Transportation Modes
9/25/2006 8:56 AM
Date
Approved By
Brenda Brilhart
Administrative Services
Purchasing Agent
Purchasing
9/25/2006 4: 18 PM
Date
App roved By
Mike Hauer
Administrative Services
Acquisition Manager
Purchasing
9/25/20064:26 PM
Date
Approved By
Steve Carnell
Administrative Services
PurchasingfGeneral SVC$ Director
Purchasing
9/26/20062:15 PM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
9/26/2006 3:44 PM
Date
Approved By
Diane B. Flagg
Transportation Services
Director A TM Director
Alternative Transportation Modes
9/26/20064:01 PM
Date
Approved By
Gloria Herrera
Transportation Services
ManagemenUBudget Analyst
Stormwater Management
9/27/20062:28 PM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
9/27120062:65 PM
Date
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Transportation Services Admin
9/27/20063:25 PM
Date
App roved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
912812006 8:25 AM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
9/29/2006 2:02 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/2120062:00 PM
..- CD en..
a:JO-~
CD 0 !5::
~~~~
o 0 JfJJO:
z::~
EWe..
w.o
_0
-;;;1:5
-00
c
W
Ol
<(
~
g:2
3~
Ec
'" 0
0..'"
.. '"
~ t::
"'0
:2 0.
~ ~
'0' ~
0:
..J
<
...
o
...
8~8~~S?g~;;;~8
.....oq-"'d':OlO>l.ON..... ~,
.,., N~~ ~ 8
~
><
'c
o
.=
Cl
<
"
8~g~~S?~~;;;g8
LO~C:O~~l.ON.,.... ~.
"!.
...
Z
::>
..J
1Il~
~~
l:
o
U
~
lC
5
Q.
E
~
g !::
u5
CXlL()Nl.OIt)OCXlO'>C:OO~
o-i Lri r-..: ~ -.:i ~ ......: I': ~ ~P?"
....."'N......("') NL()f'oo, ("l
~M~~re ;2~"'" ~
..... r?
~.
~~~~~~6~~~ ~:
......r-.<o:t......1"") r"'--lt)1"'-.. '
~Mr-...~~ .....\1")..... ~
;:.
~~~"'~~~"'~~N"'"
CI
E
'"
u;
,.,
CfJ
"
o
~
~ .E
~~
8 e
o
-00
00:2
.;;,
w
CI
~
o
CfJ <
... N A.
@5 ~o ~~
0.. _ oo:t Z 01-,
~ ~~ B ;:g
~ ~~ ~ ~
z z~"f~ b "-
00<::>15;; 0:: :r:
~8QO:;:N 0.. i,
!!:N~~"-U ~ <
5 B 0:: U s dJ i?: a ,*_e
cn:2O<o..J ::>- 0
gs = ~ Q is t1J 0 t; 5. ..:.
~ 2 Ow ~ t;:; w w a ;; .....
-or- 055".3
"::>x~gs <O::...~,
,i!lG~Ow 2jo..>z~:
~ No~()z!...J!:::~~m
~ ~::i:~17j<{;:::i:0:::r:!z
~ l.Oo..ocdjjCJ)cn:;:lU<t:
. NXOO ~:sCfJt::w
g en :i:w<<@5woZ:i::2
- w~ ",t;jt;jtuoo..o::~,:,:o
~ ~< :;:~~~~gs~t:::i:~
~_Gj s~~~gj~~~ffis
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ',~-.:
~ ~;-::E~>>>~S:arotn:;3
~ W-.:tWl.L NNCON
u ~a;t: ffi~~~
~ ~ 'E (L LO
-~.~
~...:
en
8~8~~S?liil~;;;g8
LOV~~~l.OQ)"", S,
~
..
8~8~~S?g
.....vCOO':la>L()N
'" ~~
COI.OCOll)I,(')ONmCOON
~~~~~~~~~~~
COM<o:tLOCD tOlD..... ~
~ .....~N ..... ~
~~~~~~~~~~~
.....,...,v.....NI,()r-l.Ot-- N
CQMl"'--l.OtO .....U')..... Lt:I
"<:t CON ~
~~~N~~~"~~N..
CI
..'
CfJ
... N
0:: :r:
~ ~o :2
w -" a ~
z ~~ ~ "f
~ ~~ trl ~
z ::i:~"f~ 0 "-
00 ::>15;; 0:: :r:
~8QO~N 0.. ~
!!:N~~"-U ~ ~
5BO::usdJ o..Z "
~:2~<QuJ ~B '5
O=NQOW Ou a
~~o~t;:; ~~a~
~::>~~gs ~~E~
CDG:20W 2jo..>z
~o::!trl~~t::~~m
,,::i:~CfJ;::t;:;~!52j!z
~~88CfJ~<I:CfJt::~U:
:i:W<I:<I:@5w6Z:i::2
.........oo..o::OCfJo
m "'!;!!!;!!!;!!OCfJog:~o
~ ~C(crcrffi~5~u:~
.:! :oO::O::O::ON:2..J<.9::>
~ ~~~~~~~~~~
e:. ,...NVI/)OO' ~NCO
o:Ere>>>vv"9a~:i5
"I:twu.. C';J~IJ)N
~t: ~@~~
~ 0..
8g8~~S?liil~;;;~8
LOv~g?~~a),,- "-s;
'"
~
8
.n
gJ
ci
~.
8~8~~S?:g~;;;g8
;r;vCO~C'>Ll)N"- gj
t'I!
~
:i
....~
.~~~,
cOI,(')COL{)NONQ)cOON
o)..o~~~"-~r--.:~cot.q.
~~~;r;~Lt>ffi~~"- 8'
v ..-ooN ~
ci~~~~~d~~~~
......,....v..-N ,...~,.... 0)
co M...... Ll) c.o ..- ~..- T"'!',
-.:t ~N co
~~~N~~~"~~Ni.,,:
CfJ
... N
0:: - :r:
~ ~o z :2
w a::~ 0 ~
z ..JX ~ "f
z ~~~~ g i
Q,.o::>"'" 0:: ~
tcsB8VN ~ 1:
a:~~:2~~ irz <
~~o~~~ ~Q ~
~=~Qi5tlJ 00 a
~oo;;:;1- wwz;;
-e;l-w if) ffi6~.3
~::>~~gs <o::t::~
CDG:20W 2jo..>z
~o::!~~~t:~~~
:.:::i:~CfJ<I-:i:o:::r:!z
o..OO"'CfJCfJ::>U<
~><ClClr.n~<:U)t::w
:i:~~~@5~oa~:2
u "'!;!!!;!!!;!!8CfJ@5g:~8
:g, ~~a:crffi~O~~~
.:! ::>O::O::O::ON:2..J<.9::>
~ ~~~~~~~::2:~~
e:. ,....NVL/)OO,$:NCO
~~~>>>~~~~Ln~
~!:: ffi@~~
"E 0...
O"'~~OOl,{)<O,,-
OOQ)a;)............,....M
..-'VmO'>~C'O..-
l.() .:,,;........-
OI.OOI.OOOLOtO......
oooma;)......or-M
......vcommI.ON..-
'" ~ ~
COI.OCO..-Lf)NOmCO
~~~~(O~~~~
OOMv...... N......I,{)......
'V"- co.,....
N
OOl.l)v..-I.ONOmCO
oilriNLOwLL"?......r--.:~
..-,...vco vLOl.!)""
OOM""'''- N L{)..-
" <<> ~
N
r---
'0
"
'"
'"
0..
~~~N
CI,.
.,......-M.,..........
CfJ
...
0::
~ ~o
W -" a
z ~~ ~
::::i J: U
Cl ~~ w
z ::i:~6~ 0
gOQiS~~ 8:
!!:~~s;?"-U ...
5Bo::~sdJ irz
cn:20<0..J ~Q
~=~Qi5tlJ 00
~~o~t;:; ~~5
"::>WOCfJ rooo::
~o..~ZCfJ <o::t::
CDU:20~ 2j0..~
NCl::!f:clZ<it=~...J
~::i:~CfJ<{I-s:o:::r:
0.. 00 I-CfJCfJ::>U
~><OClC/)~<(if)t::
:i:~~~@5~6a~
LOWWWO C::oc_
o :;:~~~~gs~!:::i:
g s~~~gj~~~ffi
""
~ lJ}<Oc.ovCl)U)U~O)
c.. ~~~~~~<!=s:~
~i!j~>>>~~d;~LO
~!:: ~~~~
OE 0..
..- CD en..
COO-al
-015.2:
"'-!ll"~
..:>~
z :::~
EQ)o...
Q)..Q
-0
~t5
'DO
c
Q)
en
<C
;g::;
.3...
E~
~~
.. III
~1:
0)0
::; 0.
_ <J>
.~ ~
E...
a.
E
'"
~
r.n
c
o
.,
III
g-E
0-
"[.!)l
8 E
o
-Co
ffi::;
Sl .
i
J
N
C:i
w'
0'
~.
~
~i
r--.~
61'~"
~ .iji'
u.. ',~"",
I
=?
~
'"
;:;;;
E
0.
~
...J
~
Z
LU
...
Z
<(
LU
::;
o
o
U-
I
:::>
~
CO
'"
CO
@1iI
~.
8:g0l\lg~~1e;;;~1S:I
........,. (J)0'>Lt)~- -N
'" ~~ ~
ri .....
<(
...
o
...
,.;;;
Sl ^'
8:g
~ ...
'"
l\lg~:g1e;;;Sl
~~Il)N_
@8l
I ~
~ '" 0 '" '" CO~ gl. .
...:~~;g~~-
Lt)(Q MIl)-
CON ~
..... CJ
...J
~
o
...
CO '"
o:iLri
~I'-
CO ""
...
CO LO
o;..n
~ I'-
CO ""
...
~~~6~~~
......N r--It)r--
LO(O _L()_
~N .....
5~~~~~~N~~N
r.n
... N
0: . I
~ ~O ::;
LU -... a 12
z ~~ ~ 6
~ i2~ ~ ~
z ~~:6~ b !i:
g8Qi5~~ g: :::>
~NSE~!i:~ ~ ~
U(3o:U:::>LU a.z '*
Ul::;~<(O...J ~8 E
~,sNQi5ltl ouzo.
~~o~~ ~~o~
c::::>~or.n ~og:~
~(3~af3 [jR:>z
~0~~2;i!:::~~a5
:<:~~r.n<:...=::O:I~
",a.oo~f3r.nVl;::<(
NXOOo:o:5 -LU
=::LU<(<(gLUoa=::::;
I.ntuGjtu n..cra::~O
w :;:~~~~~~!:::=::~
12 IO:O::O::m:,.O~U::I
.. :::>O:O::C:ON::;...J<9:::>
f-~ m"''''...r.nr.nu::;8l'''
Ie: ~ ~ ~ ~ ~ gs 1= ~ N gs
"'::Ii~>>>......"i'6"'~
....WLJ.. ~~:9~
~!:: fflw~~
"E 0..
8 '" !e g ~ 1e ;;; g~m...
~Sj!l5>",LO~ ~
'" ~~
CQ
8:gl\lg~~;;;Sl
-'l;fmcnll)_
'" ~~
...
6;~~~~~~@
....,...........N 1.0,.....
"''''''''''' '"
''It ~N ..-
~~~~~~~~
............-N LO,....,
COMIl)CD 1.0_
'l;f ~N ....
...
Z
:::>
~~~~~~~~N
Ul
...
c: .
~~o
~~~
::; I
og~
z zyx
o <(5S=::
i= 8 QI:! ~
!!=NSEu-u
!3(3o::sa5 z '"
liP~Qu:J 8 'i5
C,sNOLU ~zi5.
l~~~ ...o~
2!:::>OUl 00::""
Illa.ZUl R:!:::<
muo~ LU~2
NOUZ;i<9...JLU
~~~~~O::[j~
",a.Or.nLUVl...<(
~t;)~gO::51z~~
...... a.Or.no
"'~~or.ng:~o
u.. u...--...,J{f.l5 u...
!!? I~~m:"LUU::I
t:i;::> ON...J<!>:J
f-tJ m~~~r.n::;8l$l
I'lS r:!Nl.O gs~Nas
Ie: ::Ii co > > ~ ... 6 '" ~
ow~ ~C';J~
~!:: ffifD~
oE a..
i~
s
Il'
w'.
~..
~
N~
I ;:II..,.
::;~
0....
I'- Q.
:6 17,
ll) .,":.
...
u-
I
=?
~
"''''~80000'''0'''~
NN CO__cnr--.['I')
~N..... 2?/J')CC.....
:'*
iG:G28
~NC;S"",
g~:gSl~;;;
~LON
I.OCO,....M
~~~~
""N 0
~ ~
II
'" 0 '" Sl '" "~M.I. .
;t~g :;~~'
CD It) 1.0......
N ~
IOCOI'-M
~:g18~
""N 0
"" ~
Lrq~ <'"! Sl g: rg
;:/;"'12 o.r:i"':
U) ...... Lt)..-
N 'I""'"~.
~~~~~~~~~""~~~
C1
In
W
e"
~
u
f-<
Q.
o
ii:
a::
o
u
In
N
o ~
9 ~ ai2
ii: QI i=:6
Q ~ ~ ~~
z;;; Q ~ bU-
g"" =::0. ... g:s
ll.~~::i! ~ ~~
5::;!::~<'"! a5 ~~a
(f)~:::C::o:J"l:t ...J ::>15-
~Ya~15 LUltl Oi5t;
5Siiio~LU...J'" LU'l:LUa
'l:tZ...JO;;:!WCf,) ffiooc::
<(<(...J~<(Ul <(50::...
~a.~~C5~f3 [jza.>
:::>t;)<(a.O::LU2...J...ZLU~
~Qtng;~~<:~~~~h
u0u~Oa.tnf3~<(iil~
<(<C<(LUa.UO::O...JLUZ~
t:l ~~~=::~~g~~~o:,:
I~ O::O::O::~"(::,o~oog:=::
.. 888;;:i.f9ii5:,.b!i:ijju::
ii Cf,)CI)U')......:r::r:C1N~;:,...JC!>
8!. <C<(<(~~~Ulr.nU$l::;81
... !;;i;:g""~;::~~~CO=::N
N:ENN~62;:;;~~d:J~OLO
.2wu-zu-ogg' '...J 2!
.~t:: ti a;) m@:e LO
o Q.
Ul
::~j
if
~~
I'-
'0
N
'"
0)
~
Ci
w
o.
~.
~.
a..
I~
.,..- to 0'>..
o::l o--g
tOO~.2:
.,..- ~1P~
oo,jQ;O::
z::~
EO>Q..
0>.0
_0
-;(3
-00
c
0>
0)
<(
.c
g::;
.3~
EO:
8:.g
.. '"
~ t
"'0
::< 0.
o ~
(I> '"
.0' .=
rt
E
(I>
~
CfJ
c
o
:a;
8f
:;r '"
<bo
o ~
o
UO
ii'i::<
~~g800~~~~~M~
~NCO-- Q)l()CX)""- rc;,
O'
~
L()1OQO
NNOO
~NCO"""
g~~~~;;;5il!
~"'N - Sil.
r:f)'
"'!.
Il)COr--.M
~~ffi~
MN 0
M _
aq~~O)r::m~
~1t"Ja; Lrir--:~
co co 10""-
N ...... ~
ll1COr-..M
~~~~
MN 0
M
LDOMOl-.:::tCO
-.:i..... ci ": ~ m,'
~iOr-- :2~m'
N ...... N
~
5
~--------"'---
o
N
o ~
is ~ Zo
<( N 0,.....
CC >< i=;1;
~ 5 ~ ~~
z", Q ~ 5~
gN:!;tl. ;;; &:=?
~~ g~ 0 l-C
~~~~~ ~ ~iQ
~"f~~~ will 060
filU5o<(w-,>- w;;:w~
o::tZ....Ioa::lD(f.l ffi.35cr:
~~~;:<(()~ ~~~!::
~>< -,u w z~>
:JUJ~c...o::ffi~...J~zw~
~Q~!5~5;;:~3:~~I
U()U~Otl.tiiffJ~<(i1l~
<C<C<Cwtl.UCCCl-,Wz3:
:J: ~~~5~~8~~~~~
e CCCCCCtl."?::,ClCfJOCl>-:!;
.. 888>~9cr:~5~~u::
t; C/)U)CI)~I::r:C1~:E:J....J(9
8: <<c:(l.()(.O--(/)(I)t)tO:i:O>
N ~~~~S!::~~<fg~gJ
~~~~~~~66~~~~~lO
t::'~!:: u: ~g~~@~ ~
8 ~ 10
'"
z
o
;:::
D.
12
u
rJJ
L1l
o
'" 0 '" g '" '" i '" M ..., 0 M g .~I M M M 0 '" N
... ;;; c::i r-- '" ..., N ... ;;; c::i N ... ;;; '" ;;; N
N ;;Ii .0 ...: N .0 N r-- ...,r--~ a; .0 N ....: c::i
'" "'- M ~ '" - ~- N 0 '" :: - r--
N - M N M - N -
..J
<I:
,i<~ >-
0
~1 >-
\~
..., 0 M g "'''' .... '" M ..., 0 :;;g "'''' ~ M M M 0 '" ...,N
... ;;; c::i r-- '" ~ ..., N ... ;;; r-- '" N ... ;;; '" '" N
N r-- .0 ...: ~ N .0 N r-- Lri""': a; .0 N ....: g c::i
'" - "'- M ~ '" - "'- N 0 '" :: r--
N - ~ N - '" ~ - N -
M
I- r--
Z '5
::> M
(I>
'"
'"
tl.
Ll) Il) 0 0 0 0 0 0 0 to .....;&1
NNQ c:o.........-ml'--C""l
~ N..... ~ l.() -.:::t ..... '-~
"&;;
's..
"""'0
NNO
~N""-
001.(')0(0..-
00......00),....("')
~LON ....-
",,,,r--
~~~
MN
~
",,,,r--
~~ffi
MN
M
,:0
"
:~
~_______N___
o
N
I
Cl Z~
~ 0"-
~ ~6
Q ~ ~~
z<<; ~ S~
ON tl. '" CC::;
~N ~ No..,
9:I <( U t;;~
0:::::1-(") Z Q..lJ.lZ
~oS2~ LU ~iEO
UJr-Zu. oj :Je~
0"i00 w 0 U
filU5~w~>- W;;:W~
-.:::tZO-lCIlCl) ffi3oo::
~~;:~U()gJ ~~~!::
~><-' w Z~>
~LUc...a:ffi~...J~zw::i
~Q5~5<~3:~~I
U()~Otl.tiiffJ~<Ci1l~
<C<(Wtl.UCCO-,WZ3:
QQ:!;U<(ClO~O::>O'"
- tl.tl.0 ",0 CCOCC_
~ CCCCtl."?::,ClgJOO>-~
'" 88~~9cr:",5~~u::
i3 U)CI).......IIClN~:J...J'"
..
0.. ~~~i:B;:~~~~~~~...
cD OO::-LOM............ClCl I co>",:'5&:
~ co ....... 9 t- ..... 00::- ..q or LO 2> LO I~:.'.
~NNo2>ONNaJCON .;.
log ~ w... 3 ~ ~ ~ cO 6 ~ ~..";
I~- u. C/)L1.J":: LO ~;
8 11. ~~
~ .
~goOas~~~~Mg
('1')....... CJ')LON ,..z
....... ;.
;~
~
...,0
NO
M-
~~~~~M8
~ll'}N ..- ~.
q
~----------
N
I
Cl Z~
~ Or--
>< i="f
I UO
Q ~ ~~/
Q~" ~ ~~
~ u.. ~ c...=?
9:~~ U t;;~
C::~('I') i] Q..Q.)Z
~~..q ...J ~~Q
~;1;~ Will Oa0Z
""<(W-,>- W;;:WO
~gffi~~ ffi3on:
"->-<(UU? ~~CC!::
I-,UCCW OZtl.>
:;)&lrW~...J!::dJ~~
~::>~~O;;:~:!;f-ZCCI
CJ)> I-CJ)CfJ ::>U
~ffi2~~~:3~CfJ!::
Q~~ClO~O::<O~~
tl.0 ",0 CC CC-
.., CCtl."?::,OgJOClI-~
~ 8~~9cr:",5~~u::
.= C/).......IION::E=>...J(9
iil <(~~-CfJCJ)U~~8l
eo. !M_::~~<f"'~N
~~~~6:;~~~~~lt)
Ie!:: g g g ~ fr1 :g ~
8 tl.
~
:~
8800~~826~
,........... ~LON........-
-'
<I:
>-
o
>-
:/~
88
r-- _
g~~8~
~U')N .......
I-
Z
::>
~__~____N_
o
o
is
~
N
I
t;; Cl Z~
o ~ Of'--.
~ ><;:::;1;
~ ~ ~~
ZN ~ 5~
O~tl. "'N 2:::>,
;:::"'::<
~~~ ~ ~~
~~~ ~ g:~5
~,,~ tlJ iSeti
O<(W~I- uJ~W
~g~~~ 0535
,,->-<CuCfJ ~~&:
I-'UCCW UZ
=>&ffiw~<it::~~
~i1l:!;5~~~!Z!5
UccOtl.CfJw<(<l:CfJ
en <(wtl.uccCl-,Wz
~ ::;:!;~Cl8~ii!~0
~~ 82"?q>oCfJoo~
~..... - Z=>...JC/)r-u->
u!!! CC~.9CD",O:J:W
<C~; a::.......I::J:ON:2::::>...J
0...:1: <(LOW.......U)(J)UC'O:;E
~ ~~~;:l3~4=~~
:Ec..:E~9~""'..q~0j>~6
ONWw...OOONNCO N
u.......~ ~~25c06~ ~
r2E- rJJW...,
0::8 tl.
..- to 0)..
COO-ijl
-0 15.~
': fP~
..:>~
z::~
EWe..
woO
.....0
~u
-00
c:
W
Dl
<(
.I::
J;?::>
.3!;{
Ec
~2
.. ro
~t::
0>0
::> c.
t) ~
'" ro
'6'~
a:
E
'"
~
ffJ
c:
o
""
ro
0.2'
M t::
0-
"i ro
~e
o
~~
~f
~~
CJ
z
o
i=
lL
ii1
u
lIJ
W
Cz
o
c::
f-
'>
W
...J
I
U
f-
?:
en
~
u:
C9
0>
0>
N
::e"'
W
!:::
co .~
"'
,..:
II
:g~I"'.."'.
.... '"
~~
M~.
~
8 >! 8 0 0 16 ~ ~ 51 ~ M!..1
..- '.N"- I
If
li~:
~~~
00", 0 co ~;I.""
C:O--Ocn"""M
;'2Lt">N ~ ~
M", M
~N~
~1ll~
"" ~
~~~~~~~
N ,... or--
co ....~
N ~ ~
""",M
~N~
~1ll~
M ~
~S!~~~~
N Ll') r-..: ci ~ ,,'"
co ....~
N ~ ~
~~~--~--~..,.--
CJ
o
15
C2
N
I
~ C z~
o ;;; 0....
~ >< >=2;
~ ~ frl~
ZN >< bLL-
O:!:: :!: c::I
-'lI:t ~ ~ a..=?
!i;~ ~ ~ 5~
5::>f-"< w ~&5
00032""'" -J ~o-
~q:Zg tlJ 0160
fi':~..:w~tn ~~l:!5
I:! ~ 9 a: ~ en ~ ~ 0 c::
~lL::;5ufil Iz2:5
::l?JSlLc::ffi2...J~zw~
:!:og;~:!:<(;::?:zl:!~h
N::'en>Of-enen ::lU
uUc::~lLenw<!":enf-
":":w uC::Cl...Jwz?:
::>::>:!:~Cl8g:fi?~oen
88~"?'l'Clenocg:~
..J -- Z:::>...JC/)!-L.L.5
111 a:a::~,9CO~OIwli:
11:I a:::O::.....:t:J:QN~:::>-'C)
tl ":;'5lil8:::~~ulll::>8l
.. ~~M~~CCl1<O:!:N
Q.,==~coQ";-t--~vC9~OLO
.wl.Lzg88~C';'I~ ~
~!::: &:<O<O<O~fil::> ;n
o lL
o
CIl
W
C)
~
<.>
<C
ll.
:E
w
to-
CIl
>-
CIl
0::
X
o
..J
o
o
<.>
ii:
~
cnOlO><ONOOO
:g~N""~ ..,.
c)O':IO>WN
c.oONv__
co ~
CO"""N(QCO Ll)
c.o__cnLn..... M
M""':NcO N
~<O~N
COl'--N(C)CO I.t)
CO<t'"-O)Ll)T"" M
r-i""":NoO N
COCO_N
..,.
~~~--~-~~
CJ
z
o
i=
lL
ii:
u
lIJ
W
C
z
:s
lL
C9
W z
8 15
15 5
Cl 0
z c::
b 52 C9
N U ~
~ ~ ~
U - ::;;
>= :!: 0
~ ~ ~~
lL if. ~3
f-":::;;
~~ C!;!;;!z'iz
::ijl ~um~Q
50>-enC2f-~0
O...JC::f-IIl~!:::W
.....~w...Jcx:w:::c:::.-
~w(::~::i~~fi?
Offi05.....iilfi?~~
B~~t:jCl.~a:
e::;o~"::!:",f-
L:b~N~go:3
...J
;::
en
W
C
W
lL
'i
Iii
Ig
""
"
..
lL
~
f-
::>
o
~
a:
><::e
oW
"5!:::
"
"
ii:
~ lit
~ 0> 0> co N 0 0 OIQJI
ONv..... v .~I
~ g
~
8~gJ~~ ~
<O~
""""""""'LOQJ l.() ~
:g~;re~ ~ ~
.....,....,....,LOCO It)
i?l:::;::;re- ~
<0-
N
....
'0
..,.
.,
0>
"'
lL
~-----~-~
CJ
z
o
i=
lL
ii:
u
lIJ
W
C
z
:s
lL
Cl
w z
8 is
is 5
Cl 0
z c::
b 52 C9
~ 15 ~
...J N
III I
~ ~
oj !;f~
z oZ
..: ~3
lLf-":::;;
~~ ~!;;!Z'iz
~ijl 5um~Q
50>-enC2~~0
o...JO:f-IIl":!:::W
N~W...JO::W~t-
~w~g::i~~a!
Offi05.....iilfi?~~
B~~(::...JlL~1r
e::;o~<i!:!:",f-
n:b~N~ga::3
...J
..:
f-
en
W
C
W
lL
'i
'"
U
>=
en
::i
lL
z
Ig
""
"
..
lL
Z
N
-
f-
::>
o
N
a:
x::e
oW
"St::
"
"
ii:
.,.- co 0)..
COO-al
co 0 13.~
"'-~llt-~
cio~
z :::~
EevQ..
ev.D
......0
-;;;13
-00
C
ev
en
<C
s::;
g::;;
.3~
Ec
'" 0
a.""
.. '"
~ t::
"'0
::;; Q.
u~
'" '"
.or::
c:
E
'"
Vi
,.,
CfJ
c
.2
0;
~ "E
0-
"'t.!1l
<r> 0
o ~
o
-00
00::;;
N 0> 0> <r> N 0 0 0'1......
MONV...... 'II:t
O>~ ~
-
NQ}Q')(ON 0
MONv...... ...,.
"'~
c,o,....,....I.t')CO LO 0
~~-r-;c:O,.... M .~
e,o....-NN N
r- co ~
<r>
'"
M N
N ~
1.\
I;
HI
~~~~~~~-~":~
o .~
"6
i~
(0""'''''' 1.0 co
<:q",",:",",:cOf'--
CO......NN
r-co~
<r>
z z
o a
i= ~
ll- Q.
ii!: ii!:
u u
rn rn
w w
c c
z
:;;:
-'
a.
(9
z
15
z
::>
o
0::
(9
~
N
:r:
~ ;;
oj ~~
~ ~5
a.f-<(::;;
~~ ~~Z"iZ
::::$ c5ui5....Q
!:;O>-CfJ~lz~0
o-'O::f-al<(t::w
"l:tgw.....Jo::w~1-
~w~~:)w:~~
offiClir-_~~~;:
5~~~:Ja.~~
t5::iO~<(:::"'f-
a:G~N~g&'5
-'
<(
f-
CfJ
W
C
w
CL
~
w
o
o
15
(.9
z
;;::
u
o
-'
0)
b
N
X
b>
u
>=
rn
<(
-'
a.
a
~
'"
""
(.)
co
e:.
z
~
f-
_::l
a
...
0:
::;:x::;:
wow
!::"Ot:
(.)
(.)
;;:
~g~~88~~~~~~~~8~~~~~~~~gg~~g*~g~~8~~~g~~~~~M
~CO~~~~NM m CONNmN N~ N~"'" N ~~~MM"'" ~~NN"""
-'
<(
f-
a
f-
~
~g~~88g~~~m~~~g~~~~g~~~gg~~~~~~~~8~~~~~~~~~M
~C:O~O~~NM m CONNmN N...... wmN~"'" N ~~""'MM"'" ~~NN"""
f-
Z
::l
~""'~~C:OC:O""'~LOLOLOLOmLOoo:tC:OC:OLOLOm~LOLOLOLOLO"""""'LOC:OOLOLOLOLOLOLO~LOLOMmmc:o
~ffi~~~~ffi~""""""~~~~~~~~~~~~6~~~g~ci~~~~~~~~~~~~~~~
M NMC:OC:O LO ......NM......NN,....Noo:tN......M,..........M...,.,...,a.nV Nc.oC,Oc.oc,o,....,....LOM......e,oLO......
NM...,."'" N LOCON...... N...... oo:t ......MMM coco ............
N...... ...... ...... ......
-'
<(
f-
a
f-
LO,....LOLOC:OC:O,....LOLOLOLOLOmLO...,.C:OC:OLOLOmC:OLOLO~~~~~~oog~~~~~~~~~~mmoo
~~~~~~~:~~~~~~~~~~~ffi~~6~~~g~d~~~g~~~~~~~~~~~
M NMOOoo ~ _NM_NN~N~N~M~-~~~~~ NWWWW~~~M"-W~"-
NM~~ N ~OON~ N~ ~_~~MM 0000 -
N _ - ..- ..-
f-
Z
::>
r-
'0
'"
Q)
'"
'"
a.
~~~~~-~~~~~~-~~-~~-~~--~~~~~~-~-~~~~~~~~~~~~~
o
o
:0 1-1--
I-- (IJ ::>::>
::> 0:: 00
~I- :; (5 8::2 ~ ~~
j: 5 - f/) Ul N .Q ,Q s: ~ ~
-w ~~~ 0 ~ ~ 0 NN
~ N~~ 0 _ 0:: 0:: Q) ",uu
I--~z g8Q _ ~ ~ ~~ s: ~~~~~
~o-o ~~ -m~~::2 ~ E -~_~ oo~ooo
5~':~i5.~~~ 2.~~~c ~ ~ ~ ~~2i~ ~~~~~i
o..-oe~ogcE~~~-~.Q.Q m 0 ~ ~~~~~ oco~~~a
roz~~~~~~oB~8~~~~ ~5 ~~ s: ~~ ~~~~m~~~5~~~
>z _-u'" ro~~~ 0- ,io 0 ~"'~"'~o::~~~~<( u"'~ c
~;~s:>_NUl~ffiU~~O~~ ~m~ t~m ~ (lJUO~I~~NM ~~~~j e
N~~~~N~ID~~I~~<w~~~ii~~<i ~~;~~~~~~~~~iol~~~c~
~~g~~gg~~~~a.~~~~0::>::;;.l:iE~~I~~~o~~~8a.g~0::~~g~titi~~
N'~~__N~II~U U~~0U~l-uus~uI8~~~O~~N~~-~~-~~~EmB
>~~~~>~~'~D~D",Q)<(C&O::C<(~"'D~~~~0)0wCfJ8rn~Ss~u~E~~o~
~om_'E'Eo~,C~o_~U'~oo ooo_~o~oOO~N€oUoU'E~~'E~ CfJ-a.~~
"'~-'--lal~~5- E ::;;~~g_.i~~_I.~ _OM"'~~N::;;---- - - -
~~~~~~IR~~>~~m~~~~~8~i~l-~I~~~g~~=g 00 ooobob::>~~~
~u'cIIIuIou8'E~m~UUl-28uu'Euo~'cmOO~u~U~QQooQofi~~~
~~;~~~~~~~~;~~~~~~~~~~;~~~;~~"'~;~;~~~~~~~~~~
eeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeeeeeee55
o 0 0 0 0 0 0 000 0 0 0 000 0 0 0 0 0 0 006 0 000 0 0 0 0 0 0 0 000 0 c c ~ ~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~88~~
~ ~
o <(<(<(<(<(<(<(<(<(<(<(<(<(<(0)<(<(<(<(<(<(<(<(<(<(<( ~~
oo~~<~~roro~<~~~;~~~~~~~~~~~~~~ffigb~~~~~ SUO ~~UU~
~ D~mroM~~~~~~~mmo-_mN~~~~~~~~~WWN~-N ~ ~~<o I
~~NOD~~~O~V~V~~~NNNNW~WWWW~~~~~~~~--~~~w~-~ooo
< ~re~N~~~~~~~~~~333333~33~~~~~~~~~~~~~~~~ffi~~~
~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~>>>>>>~~~
~NMv~w~oom~~~~~~~~~~~N~~~~~~re~~~~~~~~~~~~~~~~
:>
z
a
~
ll-
ii!:
u
rn
w
o
~ CD 0)..
COO-ijl
'-.0$5,2:
':~~
..:>JaP:
z::~
EWe...
woO
-0
-;;1)
-00
c:
W
0)
<(
.c
g::E
3~
Ec
'" 0
a...
.. '"
~1::
OlO
::Eo.
t) ~
., '"
'0' ~
a:
E
.,
~
Ul
c
o
'"
'"
g'E
y-;;;
~e
o
i:ic
iD::E
10
N
N
mlOoNN~g~mN~~~~~glOlOmm~mo~m~~MOlOooo~~ogoo~NlOrogmN~g
~~~MM~~~~~ WM~ N~~: ci ~~ ~~~~re~~~~~~~ ~~~ W~~
.... ~ ~
10
N
N
~~~~~mg~~~vm~~~~~~~mm~
~ m~~ ~M~ . ~ 0
.... ~ ~
omlO~MolOoOoOiOooo~NlOroomN~o
~~m W~N~~NN ~~~~vmWN~W~~~
M ~NMNN~~ mN~~ ~ ~
~ ~- M
....
to
~~~~~~~oo~m~~~~M~~~~~;~
~~~Mo~mm ~ w~ ~ 0
@~~~~re~~~a~~~~~~~~~~~~~~~
~~ ~ ~~~~~~~~~~~~~~~~
~ ~ N
~
to
~~~~~~ . .em~~~~ .~~~~~~~
~~~~6~~~ .MW~M .~ ~~d
COMM !;: ~
~~~~~re~~~8~~~~~~~ci~~~~~~~
~~ ~ -~-~-~~~~~~~~~~~
~ ~ N
'C
:0
al
Ul
....
'0
~
.,
Ol
'"
a.
IS~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
a.
::Ea. "
Cl <t::E lQ
.,. ~ <t ~
~ ~~gg~~~~~ ~~ &
N ~ ____---~Ng ~~ ~
m c ~ xxxxxxx~xN5 I~ ~~
~ 0 ~ ~ :G~IIII~ffixIX~ ~~ I~
Ulg - 0 <t 6 g~NNN~MM~~~~ I.,> 5<t
~ ~ ~ ~~ ~ ~ m _~ ~~ ~X~~~XXX~X~~~!~~roBrogn
_ - -~ ~ c '" c~ "'~ ~ ~~~N~X~B-EIO"'3N_~
t ~.... E::E g 8 i 5~~ ~E~ ::E~~~~~~~g~~~~~C~lg,,~~~
~~ ~ N ~'" m ro~ ~,::EB~ ....$~ "'~~NNUlUlUlUlUl"'~~::EU01~~~0~
UO I e ~ ~~ ~~'6 ~~~ ~~~ Coooo~oo~~~wmNo~~I~O ~ 0
~i ~ ~ ~$== ~~~~~g ~~~~=E~~g~~iiii~~~~~~~~2~~IN~~~f
O~ ~"'~ ,~J~ e~iqElelaol~~a~8~~ii<tijl'C'C'C~U~~U~~~~&'C~>lOtS
o ~~gg ~;~~ 8~g~8,~E~I~~~~~~ 66!a.~~~~~~~~~~~g~~~~~~~
g"~~"'E ~~m~ .,~E~a.iEG~~~E"~~~EE::E000000UUlUlUlW<t~~lg~~~~~
~~Z~~~ o~~_C ~~B6~~'CX~C~~~<te88~~a.a.a.~a.a.Ul~Ul~ciU~~~~I~~~
U - Q) ~ U ~ ~ < :::: ou co U 0 ~ U en ....., Q) a.. 0 Q 0 U CJ U (.) U () .!: _ I.ld .ld '" ''''.ld ~ "C
~U~E"~~"'6Ul'C ~~0"'~I~~~X~~0~=~~~occcgcccccC~~I~~"'~~I~~-
Z~roO~oo~M~roro-~UZMroic ~ ~~m~oornm~----------,~,.~I,~~~~~II~~~
~e~O~~~~vE~~~ZOOO~~~X~OEE~~~~~~~2~~~~$~~~~~~~en~~~~~
-.,i~~>~.,.~.,~u_m"*~5~ro~I~""0 ~0~~uuoUuuuUuu",,,,,,,,,,~~ "'EE
~~~%",E"'~~23~~~~~~oe~~>~2Z~~Z~~~~~~~~~ii~~~~~~~~~22
::E~a.~>~0~~<tmW::E~::E~~::E~~-~z<tm~~m~~00eoooooooUlUlUlUlUlUlUlUl~m
080000080080808000000800800088ctcta.ctctct~ct~ct~~~~lgl,~lg~~~
~ Ul ~ ~ ~ ~ ~ Ul ~ ~ ~ ~ Ul ~ Ul ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ 8 8 8 'E 'F 'F ~ ~ ~
~~~~~~~~~~~~!~~~~!~~~~~~~~!~~~~~~~~~~~~;~~~~~~~I~~~
~~~8~~~~~~~~~m@~~~g~M~~~~~~~~~ ~
~IOIOM~........ro~~NW~~""""N~IO~m"'o~N~~O~O~Ul~Ul Ul Ul
~e~~~~re~~~~~~~~~~~~~~g~~~~~~~~~ucnu~~~~cn~o
~ ~~~~~~~e~~
53535353d;d;~~~E.3:
U.U.a.U.Ul(IJ(lJUlUla.
~~~~~~~~~~~~~~m~~~~~~~~~ffig~~~~~~~~~~ro~~~~~~~m~~~~~
..- CD m..
COO-iJ
CD 0 ~,~
..- ~ gp~
o 0 JivIl:
Z :::~
EQ.\D...
Q.\..a
_0
~u
-00
C
Q.\
en
<C
.r::;
g::<
.3tt
Ec
~g
.. '"
~ t::
"'0
::< a.
U ~
Il> '"
'0' ~
<l:
E
Il>
~
CfJ
e
,Q
'"
g.~
0-
1'.Jl!
8 e
o
-00
in::<
8~~~:~ffi~U:;ffi88~
I N~~~~~N 'l"""NC::~~,
~.
~~~~~~ffiR2u:;m88
N~~"....~r---N ......Nc::5!
~ M ~ ~ ~ M ~ M ~ ~ '" lllil
~R1212~121212g12~~
..............................................-.....~
MMM("')C"')C"')("')MC"')M~l.()
~~~~~g~g~~~~
~~~~--~~~--~-
a
~
N
'"
f- '"
::J '"
o :<;
col_Lc ~ ~ N
~~ ~ ...... ~:;;r
z> :!lIt! <.L ~ ~
"'00 o~Qi ::<::<
g ~I~l,?; > '" e I;::;
0.. _ co co N 0.. ~ 12 I~
a: .El oE oE (D lii ~ 1ii l' 1;1,
() 0 Il> 0 .Jl! > - - a 15'l
UJ O:I~f~ ~ ~ ~ ~ ~ ~ ~:~
~I E! ~ g 0 co :t:: l.() 0.. CL I.L u..
:Jee ::<:<;g!Qiliilii::C::C
(J)Q)Q) ca>c:oo::>::>
o~~ 5~~_~_~~~~~
E 8!. 8!. :131.9 ,g: ,g: ~ ~ ~ ~ ~
;;j:Q:QC::SS~CfJ~NEE
::J Y <3 ~ ro ffi ffi ~ ;;; ~ .8 8
~ :s; :~ m "'6 (3 0 ::> ::> ::> ..s _
f-::<::<:<;CfJCfJCfJ .:.:. 0
"0 ~ ..: ....- ~ ~ ~ ~ ~ ~ ~ ~
.=$$.s8~8U)U)U)oo
5 9 5 5~1~1.~ "E "E .i: (5 0
I(.)::C::C::C::'::::'::::'::::::J::J::J ~j~
j , ,41
:;; '"
w
!::
.'
I- '" ~ r-- co '" a ~ N M..,. ~I"!~~
"'''''''''''''S?S?S?S?S?S?I\'-il
o
'6
o '"
:0'::
'" :J
~ 0
II
~~
;:.;..
1'.
~. ':,~
;;ift y;;;
#; "':"
~~.,:,:,7 ~.
',. %~:
i!l ~'-
( },
'"
,:!:'
':'.,
...."
!~~
'~,
,~' ~:
~
".:.:,
i';S
:i.
f/
~
,;tf,
IT;!
,;;"....
~ '"
~iD:
~
t;
~'
~
i'{ ;~t~
~ . ~1
.. tc~y.
';frl
~
.~~ 1~:~i
-'''jC
~."
~'
'.
~:r.
,t
~
, :J:
IH:~
s
~.
"~~
""
~,
-~.
~:;;
I~
~';
'f4
8
.,
~
Ie
~
;j~~
"",,'
~~
'::.,'f
~'-~
~
o
""
~
c ~
E-g
~ '"
&; ~
lIle
U E
z ~m ?~~
~:~I~ ~ '~ ,*,
lt~:g~ ~ OC
UOCQ) ~ 0"'"'/
ci)ffllg~~:; 'g",.
~c:g~~ -i O::'i
<( ~ 2 '" '1: ,Q 2 8 ,,"
a:: cw~~ ::116 (ON
e:; I ~I~ ~ '* s ~ a:: ~ ii~
~ Il>~~ ,"~.g;; ~::<j}ci)
w ,~ '1: 8 ~ i:: g ~ 15 - 8. " a::
a:: IC Il> _ C '" <.J '1: l ,!!, Il> ~j :;;:
Q)CrJO)G>O:::::) ~~O~c.
W tf ~ .5 ~ ~.Q _ E ~ a:: ctI :~ti; W
g; t51:~~~8~,~~.g~~a::
o c-5C:Ct::(J)t::l::-O-1',:~i!l'c
J: G> Q} 0 CtI 0 - - ~ 8 0 :;.J~ ..J
t- 1m..... (,) E U rti .0 U u.. b... :! ':. - W
~ ., u.
a:: .~(i;l w
g .,.n:
z III
~ ~
M ..,.
'" to
:>
~?:
';r f3
f-
~ ~
!
..J
;5
o
I-
ID
:>,
fi)
:l:
f-
~
~
>-
<I:
o
i2
:l:
:I:
f-
~.,.!Q',
~"-
,
Ul
W
f-
~
~
o
i2
:l:
<;:
'0
e
"
o
C;,
o
'6
e
ni
c
c
'"
C
'"
.,;
:;;
z:O
Q'E
f- 0
"-<.J
a: '"
~I
g--,
~~
.~ ~
~-g
'0 '"
]! ID
u.. <Il
c;;.2
iii iii
e Il>
~~
:>
, , -;:~-
~,
j
:$
~?
~
.;~
~~:
,~
(;.,~
",I
rl"...,....'.I.'
.',
~~~-
-11~"~
.~
~ lfo'
4W
j
~
:;~'.-';f"~ 'S
'c',.. y.p;~
~1~.
to
t ~.
t' /!(
i~
i"
,:a"
~'";
.&:~
J!f,
;~1
$:-
:~
;,~
,- ::;w
:;~
-~ :ti;:l. -u).
~~I~ ~
'''~ 8"'
I~:~; !;
,,~1i1 ~-
"A
e
'"
'<3
_ '1:
:gti
<:: Il>
0-
~ ~
",'0
is 16
btl
u-s
'" Il>
E ,~
j.:: c:
_ Il>
'" '"
~<I:
~ cO
.r::;
U
2
Il>
Ii
'0
e
CtI L..
tS CD ';,~
s .8 !J,
" '"
.8 = '.W
] ~ ~ :;iti
.5:~'"
~8~
it tti ..ci
M
'"
81
!;:.
?!
~
t.
ii1
~~
~
..J
<(,
1-'
~
:>
Ul
~l
,:',,,,,
It~
':t~
",:i
::'\1,.
;'",-
....
'0;;'
'.'~,
'f.
~
-~€~
::$
~
Ll)LOlDl.OOI.()U')O
NOl__N"I:tONOl
-vN--NN-.:tN'I"""
aal~ N
~~~;
~ r-;,;'
~, ,.;:
I
~
'iij
a.
Il>
0::
"
;;
0::
'"
u:
~
'iij
a.
"
0::
Il>
;;
0::
'"
u:
-.:tNO-.:t-.:tLl1r---U')
g~~~~~~~
("') ..........(") 0
..,. N
N
.,
or$
~
m
i
I
.~,
~
gg
'0
r--
'"
en
'"
0.
Ul
a::
<(
c.
w
a::
a::
w
...J
o
a::
~z
Zo
0;:::
u"-
Ca:
ZU
<(ffl
00
i5
<(
a::
o
~
Ul
W
U
:>
a::
w
Ul
<(
...J
o
a::
o
~
o
:E
o
'6
.Q r=
'0_
'" :J
~ 0
II
~~
NN
~~
N N
::c::c
::<::<
00
r-- r--
1'1'
00
"''''
"':!.
u..u..
",::c::c
.2:~:J=>
_1: :<; :<;
I g .: ~ ~ ::I ~ ~ ~
O::I~"Eoe ~Cti<(<(
OCl)(tlbc=> Q).QEE
:oO:~60e, ~.E88
CtI 0 0 U ~ ~ o'E'c
~ 'g ~ <.J <.JI i!l ~ <I: ~ -. -'=.
8O::~~~c71O::~~~!2
N g ~1'EI'e Q) g ~ ~ ~ ~
f3 r:: a: 8 8 ,eE 5E ii: '0 '0 '0
::<::ct9CfJCfJ u..::<::<::<
~
"'"
.....N("')-.:tLl1('o,....COQ')~~
:>
Agenda Item No. 1682
October 10, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to award Bid No. 06-4035 to Quality Enterprises USA, Inc. for the
Riviera Golf Estates Lake Interconnect - Fleur De Lis Lane, Project Number 511351 in the
amount $120,000
OBJECTIVE: To receive Board approval for the award of a contract to proceed with the
Riviera Golf Estates Lake Interconnect - Fleur De Lis Lane Project for $120,000 per plans and
specifications to the lowest, qualified and responsive bidder, Quality Enterprises USA, Inc.
CONSIDERATIONS: The bid was advertised on August 2, 2006 in the Naples Daily News and
notices were sent to 269 vendors. On August 22, 2006, a non-mandatory pre-bid meeting was
held to explain the contract specifications and answer any questions that the prospective bidders
may have. On September 1, 2006, four (4) bids were received and reviewed by the Stormwater
Management Staff and the Project's Design Professional in conjunction with the Purchasing
Department. Reponses were received from the following firms: Quality Enterprises USA, Inc.,
Mitchell and Stark Construction Co. Inc., Douglas N. Higgins, Inc., arid Kyle Construction, Inc.
The project is located in Section 17, Township 50 South, Range 26 East, in Collier County
Florida. The project site is within the road right-of-way of Riviera Golf Estates on/under Fleur
De Lis Lane.
The project proposes to replace the existing failed culvert pipe with a new culvert pipe. As part
of the project the following items will be removed: the existing headwalls, two (2) palm
plantings, a sprinkler system, turf, sidewalks, a valley gutter, storm drain inlets and pavement.
Restoration will be completed in accordance with the plans and specifications.
These improvements will provide a new life span for the drainage structure.
The Purchasing Department has reviewed the bids received and recommends awarding the
construction contract to Quality Enterprises USA, Inc. as the lowest, qualified and responsive
bidder.
FISCAL IMPACT: Funding in the amount of $112,000 is available in the Stormwater
Management Capital Fund (325) Riviera Golf Estates - Fleur De Lis Lane, Project Number
511351. A budget amendment is needed to transfer $8,000 from project number 511411 County
Wide Stormwater Conveyance, into Fund 325 Riviera Golf Estates - Fleur De Lis Lane,
(511351). The source of funding is ad valorem taxes.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners award Bid No. 06-4035 to
Quality Enterprises USA, Inc.; authorize the Board Chairman to execute the standard, County
,,- Attorney approved contract with Quality Enterprises USA, Inc.; and approve any necessary
budget amendments.
Agenda Item No. 1682
October 10, 2006
Page 2 of 5
Prepared By: Val Prince, Project Manager, Transportation Services Division, Stormwater
Management Department
Attachments: (1) Bid Tab; (2) Letter from QGM & Associates, P.A
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 1682
October 10, 2006
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B2
RecommendatiOn to award Bid No 06-4035 to Quality Enterprises USA, Inc for the RIviera
Golf Estates Lake Interconnect Fleur De Lis Lane, Project Number 511351 In the emount
S 120,000
10/1012006900:00 AM
Date
Prepared By
Val Prince
Transportation Services
Project Manager
Stormwater Management
9/7/200610:35:45 AM
Date
Approved By
Brenda Brilhart
Administrative Services
Purchasing Agent
Purchasing
9/11/20068:55 AM
Date
Approved By
Gerald Kurtz
Transportation Services
Senior Engineer
Stormwater Management
9/11/200611:25AM
Date
Approved By
Mik'f) Hauer
Administrative Services
Acquisition Manager
Purchasing
9/11/2006 2:29 PM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
9/12/2006 6:05 PM
Date
Approved By
Eugene Calvert
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
9/25/2006 10:49 AM
Date
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Transportation Administration
9/26/200610:29 AM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
9/26/20062:41 PM
Date
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Transportation Services Admin
9/27/200612:40 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/28/20068:23 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
10/2/2006 10:08 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
10/2/20064:11 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
1 0/2/2006 6: 40 PM
NCOlCl
000_
COOO
..--N.'<T
cio<D
Z"-- OJ
'- CO
E<DD..
(l)..o
-0
-;;;n
-00
c
(l)
OJ
<I::
C)-v
'" -
N .. -0
.. '0 ~
C lE .~
'" '" .,
m""
" .,
e~c;
=......"0
Z~W
""
~
"
ro
ll.
z
..
'"
"5>
"
0.
Cl
c 0 $ 0 0 0 0
.2 0 0 0 0 0
0 0 0 6 6 6
U 0 0 0 ~ 0 0
2 0 ... N N en
;;; m ,-: m 0; ,-:- .;
;;;; ;;; '" N
t: '" <L+ <L+ '"
0.
U
..
~
0 0 0 0 0 0
0 0 0 0 0 0
6 0 c:i g 6 ci
0 <:> <:> 0 0
.. 0 <:> "" 0 0 0
t: .; c5 - ox;' OX; ..,
~ ;;; ,... ;;; 0:> .,. N
'" if> '" '"
:t:
<:> 0 0 0 0 0
~ 0 0 0 0 0 0
:;; 6 0 6 0 0
'" 0 0 ... 0 0 ~
U; N "" <D 0 '"
oll '" '" N ,-: <Li <Li
'" </) </} 0 ;;;; ;;;
c:; ;;;
.c:
~
~
.. 0 0 8 0 0 0
'" 0 0 '" 0 0
e 6 lri ci ci 0 ~
'" N L~ 0 '"
"! ,... '" ,~ eo
.. .,.; '" N '" .;
c -
;;;; ffl '" <0
W if) <F> '"
~ j
a; I
" I
0
I- tfJ (/) U) tfJ '" m
Z
=> ..J ..J ..J ..J ..J ..J
>-
I-
;::
Z - - - - - -
<:
::>
0 I
I
~
.
:J
.
"
a..
m '
~ ~ ~
~il
~r
'6
o
'"
p
~
t;
Z 7' W Z
0 ;:;: ::i: z 0
..J LU 0 i=
;:: a.. U
<r z u <r ;:: <(
Z N 0 w:: ..J 0 cr
0 :J ;:: I.L a.. ::> 0
i= CD <r w c: l-
e.. ::> a: a: ?- m
1i: 0 .J I- ::J '" LI.J
:z ...J <r Z 0:
U w 0 I.L > 0 en
(/) Cl a.. 0 0 u ::>
w Z a: w ~ ill 0
0
0 w U w a: w
., ;:: '- Z c: ..... Z
<.> <r <r z <(
c <r ~ z I-
'C c0- N a: ill ..J
::i: w ..J
0..0 :J I- W ..: w
-c\Jf.D CD a: 2 > W U
'" . 0 0 ..J >
>co~ 0 ;;:;: en
l- => <: ~
,;, ::i: <J) :2: 0 a..
010 <ti
:E~ " :::
no.. 0 Ul N "" ... on '"
.~ 0 ., t::
0 "'5 0;
CLO 0
~
~ $
."l:f" ~
"" e
. Q
'" Q
... ~
_ 0
fI) ~
l-g
?i
o
o
o
..
on
N
'"
o
o
c:i
on
,...
.,;
o
-
'"
..J
~I
,.; ~____.,t
ci
z
w
:;(
Z
a;
w
t-
..J
<:
Cl
iii
o
o
o
o
<D
.;
'"
o
o
o
o
""
.;
<L+
o
o
ci
o
0:>
ai
<F>
(f)
.J
6
w
a:
5
o
w
a:
~
15
f=
o
~
w
o
z
<'
~
a:
w
I-
<(
;;
~.{
"."",,,
,~
;;;
o
o
ci
o
on
'"
'"
N
'"
~ :g ~ ~ ~ 0
>->->->->-2
o
o
c:i
o
'"
.,;
on
N
'"
(I). (I). Cl'l (II en <n
Q) Cll Q) QJ W co
>>->->->->-
o
o
c:i
...
m
"'
;;;
~~~~:~
If) U) tf) In U) 11l
I;.l Q /1) Q} <1l W
>-~>->->->-
....
"
2
~
"
.
0.
iii
~
.,
-I
"
....
g
zzzzzz
~~~~~~
i:,~~iJ)>":';"':-o
155B~~~
~g~ffi~g
i:i5-Sc'Qroc(
~~~~~
::~ffig'g
,~ "6 8.! -8
-E12Uj ~
~-J_
0.
c:
JlJ
E
.J
0;
ii5
t
~
ii5
'"
'9
iil
cD
"E
'"
'"
<r
~
~
i;
"
~
5
o
"
..
,.
...
.
~
~
"
>
"
'"
~
~
"
'"
c
"
U
Q
~
-i
.
~
'0
~
~
~
o
"
.0
g
.
,
.
o
'"
'"
'"
ll.
c
..
~
0.
a
>-
.,
""
:;
8
~
'"
""
~
"
m
Q
c
n
~
'"
t-
O'
~
:E :t
~~
." ..
ttt ;;
~~
Q m
~~
c 0
~ ",
~ .~
'0 ~
U
>- .5
~~
:;' .~
~ ~
.< 0
.. c
~ .~
Q E
~~
~g
c ~
~~
~ ~
o.~
.. :c
m '"
i~
...."
N
ci.
<.)
CJ
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers _ Land Surveyors _ Planners _ Landscape Architects
Agenda Item No, 1682
October 10, 2006
Page 5 of 5
MARK W, MINOR. !',E.
NORMAN l. TREBILCOCK. /\,J.C.P., P,E.
C DEAN SMllrt P.E.
DAVID W. SCHMITT, P.E,
;vIICHAlL I. DELATE, r.E.
MICHAEL T, HERRERA, PE.
CARY j, GASPERINI. P,E.
\\lLSON A, GARCIA, 1',1'.,
D, IV..;, YNE ARNOLD, A,l.ep,
STEPHEN v, BURGESS, 1'.5.1'0'1
JUAN A. ARAQUE, PSM
KEITH A. STEPHENSON, 1".5,1\1,
KENNETH W, PAHUTSKI
ALAN V, HOSF.!'dAN
JEFFREY 5, CURL, ASLA, RLA
IVY WYLIE. PI'::
September 5, 2006
Mr. Val Prince
Collier County Storn1\vater Department
~885 South Horseshoe Drive
Naples. FL 34104
RE: Riviem Golf Estates lake IntercOlmect
Fleur De Lis Lane
Dear Mr. Prince:
On September L 2006. bids were received on llle above referenced project. A total of 4 bids \vere
received. Two bids did not acknowledge the Addendum and did not use the revised Bid fonns
(J'v1itchell & Stark and Kyle Construction). The hids for the base bid ranged from $] 08,750 to
$228. 700 (adjustment mack for bid elTor v.ith alternate). A copy of the bid tabulation is attached for
your use, Our Opinion of Probable Cost was $95.000 to $] 25.000,
The lowest response bid was submitted by Quality Enterprise USA. Inc. for $ ] 08.750 (base bid) and
$] 1,250 (Bid Altemate for Water Main Atljustment if necessary), Quality has completed numerous
projects for Collier County similar to this one and is well qualified for award of this contract.
Vi/!='
David W. Schmitt. P.E.
DWS:cjd
Cc: Lou Gudia Quality
(239) 'J47-1144 . FAX (239) 947-0375 _ Weh Sill': \\ww,gradrmino1'.coll1
,"\SOO Vi.l Del Rc\ _ Bonita Springs, Florido 34134.7569
EB 0005'151 _ LB 0005151 _ Le 26000266
F:'.lOB,C.IH..~(>lhcr Co- COntrol;ct~'.CCt: ;!5'J_ \-'1) Vl.)-fj5...(16.dN.:"
(CC:......
""Y;:,,;,,~:..,;:~i"
Agenda Item No. 1683
October 10, 2006
Page 1 of 7
.........-,
EXECUTIVE SUMMARY
Recommendation to award Bid #06-4031 "Installation and Maintenance of Traffic
Signals," to Kent Technologies, Inc. and Southern Signal & Lighting on a type-of-work
basis.
OBJECTIVE: To provide the services and materials necessary to properly repair, maintain and
install traffic signals in Collier County.
CONSIDERATIONS: The Collier County Purchasing Department posted Bid #06-4031,
"Installation and Maintenance of Traffic Signals," on August 18, 2006. Invitations to bid were
solicited from 67 vendors, and two responses were received by the bid opening date of August
31, 2006. The vendors who responded to this bid were: Kent Technologies, Inc. and Southern
Signal & Lighting.
Staff has reviewed the bids submitted and recommends that the Board award this Bid on a type-
of-work basis, with Kent Technologies, Inc. as the primary contractor and Southern Signal &
Lighting as the secondary contractor for traffic signal construction, and Southern Signal &
Lighting as the primary contractor and Kent Technologies, Inc. as the secondary contractor for
traffic signal maintenance and repair. Historically, the work awarded under this contract has
exceeded the capacity for work of anyone firm, and the Traffic Operations Department has had
success in awarding bids of this nature to multiple contractors to accomplish routine and
emergency tasks.
FISCAL IMPACT: Funds in the amount of $169,000 have been budgeted for annual traffic
signal repair, maintenance and installation in the Traffic Operations Operating Fund (101) for
Fiscal Year 2006/2007. In addition, the Traffic Operations Department budgets $750,000
annually for traffic signal construction in its Traffic Signals Fund 313 (Gas Taxes) Project
60172.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners award Bid #06-4031,
"Installation and Maintenance of Traffic Signals," to Kent Technologies, Inc. and Southern
Signal & Lighting on a type-of-work basis.
Prepared By: Sheila Convery, Traffic Operations Department
Attachment: Bid Tabulation, Bid #06-4031
.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16B3
October 10, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B3
Recommendalion to award Bid #06-4031 Installation and Maintenance of Traffrc Signals, to
Kent Technologies, Inc and Southern Signal & lighting
10/10/2006 90000 AM
Date
Prepa red By
Sheila Convery
Transportation Services
Senior Administrative Assistant
Traffic Operations
9113/200610:05:48 AM
Date
App roved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
9/1312006 3: 50 PM
Date
Approved By
Brenda Brilhart
Administrative Services
Purchasing Agent
Purchasing
9/14/200612:53 PM
Date
Approved By
Mike Hauer
Administrative Services
Acquisition Manager
Purchasing
9114/200612:54 PM
Date
Approved By
Barbara LaPierre
Transportation Services
Management/Budget Analyst
Traffic Operations
9/14/20062:15 PM
Date
Approved By
Robert W, Tipton, P,E,
Transportation Services
Traffic Operations Director
Traffic Operations
9119/200611:57 AM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
9/22/200610:15 AM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
9/26/2006 2:42 PM
Date
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Transportation Services Admin
9/27/200612:41 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/28/2006 8:24 AM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Anelyst
Office of Management & Budget
9/28/2006 11 :08 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/2/2006 2:01 PM
r-~N
C'? ~ l&-
CI:l8~-g-g
~N!II. ..2:
..- _C7J)~ ~
OOt!"'&!
Z"-, rIl
.... rIl 'C
i=1V&l."'i'i5
-.0 Cl
~.s ~
ctl () /E
-00
C
IV
0)
<C
-rIl
C
Cl
en
o
IE
!'l
t-
Oo
;;;~.
OCrll
:!~g
D~-g
0'- '"
ai~:g
'C<l:
c
III
c
o
~
<ii
..
?
c
o
.9-8
~cb~
o~,
[DCOM
:"':-gm
~u;Q;
utf6
W CU Q)
0--
~ III III
c..oo
III
.!!!
00000
000000
ciuilritriLri..o
I.ONNNNN
r-com MI.O
NNNNMM'"
~</)-~~~~~
~ ~ ~ ~ ~ ~~~ ~
co:r-Nr-Nr-r--..O
1.000N"<tr--O>NCO
(\')~~~~~~Z4
000000000000000
000000000000000
ooooooLriooooLriooo
OOOOOONOOI.O"'.....Ooo
ClONN"'<or--~"<t"<t"'CONI.OO
~~~:i:;i:;i:i;(;i;iiigg.,;
_y-T"""..-,....T"""~~T"""T"""..-.,......--T"""T"""..-
~
a
~ ~ m m m m ~ ~ m m m rn m co m ro m
~ ~ ~ ~ ID ID ~ W ~ ID ~ ~ ~ ID ~ ID ID
:J
Iii> > > -~
t:-mU1 fJ)tnLL
~~~ ~W~
~ m m ~ w
~c..u uu~
uooooooooooooooo
~&&~&~~~&~~~~&&~~
~~~~~~~~~~~:=gg~(l;~
i5
'C
~
>>>
<f) UJ <f)
UJ UJ UJ
III III ro
uuu
>>>>>>>>
to en f/) r.J) en r.J> U) en
en tn en (/) II) rn VJ f/)
CD tt'l co co ns m fCI C'C
uuuuuuou
T"""N("I")-..rLl)CD,.....COO':l~
...-NM..q-LOCD
..- .,.... .,.... T""""- ..-
E
l!
0000000000
0000000000
..o1O..o..ocilriooo..o
NCONtOCOCOOCOLt')r-
"'M"<t"<tI.O<OCOO>NN
~~~~~~</)-~~~
00000000000
00000000000
00000000000
OOLOOLOOOOOOO
MNr-vLOOIII::tNcoO)com
c.oCOT"""("l")CO..-MCON~'I:;f"
~N~~~~~~~Zi.~
in
o
U
00 00 00 00 00 00 00 00 00 00 0
00 00 00 00 00 00 00 00 00 00 0
00 00 00 00 00 00 00 00 00 00 0
o It) '" 1.0 1.0 1.0 1.0 0 1.0 0 00 00 00 00 00 0
"<t "<t "<t 1.0 CD ..... co ~ N M '" 0 0'" 00 00 '" 0 0
~~ ~~ ~~ ~~- lfi lfi "<tCD "<to> O>M coo <Ii 0 ~
~ N N M C') N M ~~ C'} "<t "<t
lfi .,. .,...,.. <I!> <I!> .,. <I!> .,..
~ ~~ ~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~~ ~~ ~ ~ ~
5 5
- -
1: '" '" III ro '" '" '" '" '" '" 1: '" '" ro III III '" '" '" III ro '"
:J Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) :J Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) Q)
~ f1J fI) <II
<II '" UJ E E E
<II E E E
E III '" III
ro ro III <;::<;:: <;::
ro
<:::: <I:< <I:< <0<0 CD
<I:< <0<0 <0 'i'f 'i
~ E E E CD C') C') M
M rbrh d:> r--r-- .....
E d:> "'M M
Cll '" III '" ~o/S o/S o/So/S o/S
'" <;:: <;:: <I:< o/S
g <:::: <00 0 <00 0
Cll <0 0 0 <0 'f~ r-- 'i~ ";"
!g c: CD 'i ~ ";" C') 0
s::: s::: M d:J ..... r-- r-- r-- to
Cll d:> l- I- <<; M"<t co M"<t
0 'C 0 C') "<t
~ 0 150 co 00 0 c: 0 I:s.
Q) E E E E E E E
0 o 0 00 o 0 0 '0 0 E E E E
.. tL LLLL LL LL LLLL LL 0 I~ '1:: ~ <(~ <( <(<( .a:
<> 0 <> <( <( ~ <(
III 0 1.00 1.00 1.0 0 1.0 . ~ III Cll Q) (l) Cll (l) Q) (I)
Cll N N C') C') "<t "<tl.O 1.0 ::> Cll Cl) (I) (I) Cl) :0 :0:0 :0 :0:0 :0
0 (9 0 Q g Q g
~ ::> ::> ::> ::> ::> ::> ::>
:::l c: c: c: c: 0 o 0 0 o 0 0
(9 en U5 U5 en 0 00 0 00 0
0 ~ i i 2 2 ~ ~ .2- .2- ~:~
0
.c .0 .0 .c .0 .c .0 .c .0 .c .0
E E E E E E E E E E E
w w Cl) w Q) Cl) Cl) Cl) (]) Cl) OJ
U> UJ '" U> UJ rn rn f1J '" <f) '"
'" (/J '" fI) UJ rn f1J U> UJ (/) U>
<( ~<( <( <( <(~ ~ <( <(~
E E E E E E E E E E E
-< <(<( <( <( <( <(<( <( <(~
"' (iiCii in 'tncn CiiU; 15Ci)cn
'" ro '" ro '" '" '" III ro '" ro
:2 :2:2 :2 :2 :2 :2 :2 :2 :2:2
~ N C'? "<t "" CDr-- co mo ~ N C') "<t 0 N M M N C')"<t
~ 0 0 0 0 0 0 0 0 00
9 9 <;> <;> ~ , , , '? cor'?
E E .
~ C'? ll') CD ~ (") "" CD M 1.0 <0
l! l! ~ ~ ~ ~ N "" N N "" N N
"'l 'i ~ ~ ~ ~ ~ ~ ~ ~ ~
a, . , . a, , a, , ,
'" '" '" m '" '" '" '"
(l; '<t "<t "<t "<t "<t "<t '<t "<t '<t"<t
<0 <0 <0 CD CD co <0 <0 <0 co
'"
Cl
'"
c..
LO
c;
C'?~N
coo.....,,;;;;;;
- 0'"'c:Q!l .,
~ .~
- :3:rl
~~!!!<W' a::
Z '"":- Ul
E~:2
..0 C> co
20 .t'1
-- <>
ctl (.) '"
i:l 0 c..
c:
OJ
Ol
<(
.",
c:
c:o
in
o
E
'"
.=
Co
SgCri
'i..,E
~~.g
cE.,
i5~:g
'C<
c:
..,
c:
o
""
.!!1
ro
;;;
?
VI
lZl
g
is
c
.cooo
"000
~cicici
..,OO~
c r-. (') '"
~ co r-. '"
... ~a~
011
ii
.~ g
0-
E:5.
0:5
:g
o
o
000
000
cicici
000
000
NlQlQ
~Ifhl~
5
..
'E .., ra III
:::lGlQlQl
Ul Ul Ul
E E E
CIl CIl CIl
~~~
000
99F-;-
r-. r-. ..--
""""CO
..,odod
000
<0 r-. r-.
, , ,
r--..--..--
""COCO
c
o
~ E E E
0<<<
VlQlQlQl
ClZl :0 :0 :0
:J :J ::>
000
000
~~~
.0 ..0 .0
E E E
Q) Gl Q)
Ul Ul '"
'" Ul '"
<<-<
E E E
<<<
wen en
CIl III CIl
::2::2:2
Dggg
E . , ,
LOCOCO
lllNNN
~ "'7~"7
Q) Q) Q)
"""<t"<t
<0 CO (0
c:
o
aco
i=9co
.g~9
CQa:>;;;
;":-0<0
0$ ..
:E"'''
tl.fei
.~~ '*
c..cc
OOOOOOOOOOOOLOOOO
oooooooooooor--ooo
cicicicicicicicicicicici~cici~
",,(OOoC")C")r-.r-.OOIl'>OEIPIl'>(')r-.
;;;;;t;~~~~~~~~~ ti~~
~~~~ ~ElPtoI!>
OOOOOOOOOOOClLnOOO
000000000000r--000
ci~~ddocici~dddN~~~
L()r-.NOOOIl'>Otol!>L()ll'>lQ~r--L()~
~ ; ~ ~ ~ ~ ti ~ ~' ~ ~ ~ :t 97
~~~
~~~~~~~~~~~~-~-~
la
I-
z~~mm~~~~~~~m~~~m
:::l
I~ '~ I'ii} _ Q)
:cQi~Qi ai $.l!!
.l!l '0 E '0 i~ Iu; 1- c.. ; 0
5 ~ C '01...,..151"",1 Q .g fl co ~
o "E 5 ~I 8 .3! 2 g I~ ctI _ ~ L-
E:JE::>q_o...J Ola;CIl ~.8
'+-0 o--'mo- o_t) CJc::
~ E13 Ei!l5= ~ ai~l~ 6 ~ 2?.8
Ul ~ ~ 13 LI: ~ ,~ ~ a3 ~ 0 tl 5 g ~
a:; fii a:; !!!.~'C!:.:g t:: c..<i.Sl 0Q 1iJ
zc c_o~0l<Q)5C1l.oQ)C:cO
O~Qi~OlO~o~:OQ~EO~~Oo
~.cc.cc...Jo9Q)1lI<t::Q) vtlQ)
~O~O~BO!!!oQt:::J~ .SlQ)~
~~'5~fic...J'OI~g~<8~1iJ5
0'- '- <tI8~"" I c:c:t::oOO 0""
U)~~.8I~~cO~~::>t::tl.8~o~
~Glo~o<~~8~~g.Sl~~~~
1iJt)1iJ'OCO]!Ol og:lIl ->50:
OQl02&....o.Ll. t)::>o~~Q)Q)
'='1iJI'='~:>co~& .Sl~~jy8O'J3
o 0 0 I- ~ _ 2>: Ol 0 .- Q 8 III
.3 g .3 g - ,> g I- 0 '0 li ~ ~ Q
QlgOlg~I-><O ~.Sl> ~.8
> ...J > ...J _ (0 _ C") ,- Ol -< :J
tswtscu<OxtO)( ~o <:
::>,2:::>.2!: - (0 >Ol ~a>
'0'0'0'0 co 13.e:o
E=,E::s :E <\1m
~ ~ ~ QQ
M NNtDCO -- 0
~~9q~~~~~~~~~~~~~
~ ~~~NNNN~~~~~~~__
OOOOOOOOOMMM..J...J.~~
CO co <0(0 (0 co (0(0(0(0 (0 (0 co co co co
(0 (0 (0 (0 (0 (0(0(0 (0 (0(0 (0 (0 co (0 <0
gg~g88g
cO"":"';"":"":cici
fA-Z;EIt~;;;c.::/.w
C")
"'"
1.(')000001.0
NOIClOOON
cON..tll'i~ci<ri
~;;t.9Z;~~6't
C")
~
la
t-
Z ~ ~ ~ ~ ~ 'S ~
;:)
o
o
ci
~
o
o
ci
0>
"'"
00
00
~~
"<tN
""'..--
~
0 0 00
0 0 00
ci ci cio
~ 0> COlQ
toI!> ""'..--
~
.,... ....
L. ....
;:J ::>
0 0
:c-,.....:c :I:J:
c c It)
III III 'l5
~ ~
~ L. N
III .,
0.. 0.. Ol
III
c..
...
I~ 1;:::1_ .S! Q)
E c
,::1'61"" c: e ::> :.:J
c "c Q) 0 E
N::>CEco 15
z ;;..; e ::> Q) -'....1,... ';::
O,2:C9~~llIiiiiii '1; 2
_.0 o..C::cc L. l-
t: E ~ Q) ...,g.g,g :J ~
~~.8-g~~~~ 0
.c t.)
o<-<2co~J!! ::!.Cil ::>
[l1!!~,-2:;:~.g ~ ~ @
Q ,- ::> -6 :!: ,- Q Q --:5
s:-gC:-6-2 a;~ a3.E~
c: 0 0 t:: .... ~ E EWlQ
.Q Q Q 0 8 0.L.(')
III Q) '5 ~ ..
~ 0 E ....
w ~ ,9 ::> Ul
w-<2?
.... '- ~..>:: !!!
L. ::>
0 o 0 ",OQ
.0 .0 = Q) 2
CIl ~~
..J :Cl-
"d" "7~
~;:~~~:!t'j~
!::,.~~'!'''!'~~
~gggg(O(O
<0(0<0<0(0
N
(')
(")corl;;~N
COO_i:ii:i
COola.l!lQ)
.- N ~ gJ ,~
- ,,()
00 &g~
Z':::qs';;{l
E(!)!%Q)Q5
(!).o ~
..... 0 -'"
-..... ()
~ (J '"
-00 c..
c
(!)
en
<C
en
'"
'"
ii5
()
Ie
'"
i=
Do
;;; B ..
!f ~ E
~.m.g
o.~ a1
Ci5~:g
,,<
'"
'"
'"
,Q
li1
(ij
Ci)
F
oll..J
:t:..J
~~e
zCI)m
O::z
::;)-
u..
00 0 ~
00 0 0
0.0 0 I<)
~
0> N W
<It ..-
. ~
...:.;-
:;a!m
I-~
UlZ
~
oll..J
:t:..J
~<c
zl--
o::CI)m
::J~
u..
o
CI)
00
..J~~
o I<)
..- ..-
~~
'if<
I<)
~
.JQ
..Jm
~~
Cl)z
~o
o
o
o
W
~
o
:CJ:
:I:
-
"2
::J
'if<
I..: 0 :=
i,[ :ill...., 0 z
l:: Q) () Qj 0
0 I Q a; ..Cl
0 ~C) i=
~ ~ E := Q.
o '" Ie ,!: it:
.. " ';:UJ
U en in (l) ()
lI'l
II> C '" 1:5 ~ o en CI)
C o ~ o 0 UJ
I-Ie:o :;
'Co Ig C c
~ ... Q) C , OJ
~~ ~8 -c:;
o " m CD
~<{ }o :2 .c.
U UJro Cii 0
0 C5 Qi 'C en
a:: Q)
C '" ro ~
,- Q)
:2(9 :2 Q;
ro
E
...
0
LL
E ~ L() :!:
~ UJ
!::
'"
0
0.<0
i=9<D
.t:)~a
o , '
CDOO~
;..:-go.)
~r;;Q)
o ::>
t;c.Cl
.~~ ~
c..ClCl
gg~gggggggggggggggggg
~~~~~g~~~Rggggggg~g~~
~ ~~~v M~~~~O~-~~~~
C"') U?ll4-T"""-""':"-T""~ tR-eI7ER-
~ ~~~~~
0000000000
qqqqoooooo
!t)oo""c:i~cOcido
<{<{<{<{<{<{<{<{<{<{<{~~R~R~~g~~
zzzzzzzzzzz<lt<lt~~~ ~
OOOOO~OOOOOOOOOOOOODO
OOL()OONOOOOOOooooooooo
~~~~~gg~~gggggggg~ggR
~ ~~ N ~~~O>L()O~~~L()~..-
C"') ~W-th-ib9-T""T"""-~ ~~tR-
~ UT~b9-
0000000000
0000000000
olrioodLri<ciciLrio
<{<{<{<{<{<{<{<{<{<{<{L()NOOOL()~OL()~
zzzzzzzzzzz~a~~~~ ~~~
T""~T"""-T"""-"-"-T"""-"-T""T""T""_~T"""-T""T"""-
~
o
I-
z::::-"-~--'c~~
::;)
~ rn ~ w ~ 0 ~ m m m ~ ro
~ ~ ~ m ~ m m ~ ~ ~ m ~
cc ~
ttlCO U)
E E "
=0=0 U
c"'c
~ ~.2 1ij ,~ 'E
"5"3~ ~~El
LLLLCf.) "'W:2
~ ~~'?~~U{a;
g ....... ~:!:C1)(1) Q)t:
.....0- IOE "'''' "'8ooro5Ero;E
"'"0"0 - ::I-m
Q) ...mmm__c..a;cc..()
~ (l)Q)Q)Q)cci5C:'E~
~ (l)1~1~ ,g:C:C:C 5 5 m 5" ~ 0
~~-cCI~I~ I~OOO()()~I-~~(l)
_ ceO~I~It:0Cf)WUJW - 0
"'~~OS(l)L()O(l)(l)..J..J..Joo"''''''''''c..
Q)5~Q)~oc..~~~~~~~WWR~~~~
'" e " > m !: 8 := := ~ ~ _ _ .::;! ::;! ~ ~ ~ ~ .8
gse~~~~~~CCNN~~~~~~~o
u~e~=~~~noo~~~S5~~~~2
~>Q)Q)o~~~roti~___~~<{<{<{<{~
WO"o"'~"'m()()Cc~mroCf.)m"O~",,,,O
ci~55~~~~~~555cc"'mmroc
c -, EE ~~~"'mQ)Q)Q)(l)ro
~~ss~~~oo~~~~~ii:C:CI:Ci
~~~~~~~ffi~roro~=ew~~~~~w
e~~ggii~~3~~~~~~. . . . i
OUUUU()ULL~c..~I-I-I-~c..wUJCf.)Cf.)c..
~NM v ~~ ~ It'>~ M~
..- ~ ..- ~ ~ ~ ..- ~ ..- ~ ~~ ~N ~ <D I"-~
, I I I <9 . NN . , , , , ~ ~ 00 o~~
..- ..- "("'- ..- r-;- ~ ..- . ~~ ~"-"-"'I"""" ~ ~ ~~..-
I , r I I , , I I I I I . , , , , ,
00000 N N M M It'> 1.0000("")("') Ol '" 0> 0> It'>
NMM(",,)M M M M M M ("')1.(')Lt')ll')It)L() I<) L() I<) It'> <D
<D<DCDCD<O CD CD <0 CD CD CD<DCDCDCD<O <D <D <O<D<D
.i L() 0 0 0
I"- 0 L() L()
:t:..J ..- M
~<(C I"-
zl-- ~
0:: m
::JZ
u..-
~B 0
..Jm 0 0
~~ CO! 0 ~~
OM
coCO ZZ
UlZ ~..t
~O ~
oll..J 0 00 0
0 C!C! q
:t:..J 00 It) L()
CI)<C I"- 0 ~~
%1-- ~ 0
o::CI)m ~CO
::J~ <;
u..
0 0
~; q 0
00
~>- CD 0 ~~
~It)
In (") ZZ
Zo ~
~~ ..- ~
~
0
-
"2 ~ '" ro m
::;) Q) '" Q) (l)
I~
C
0
.~ 15.2:
m E..Cl
:; Q) E
'3: '" Q)
... ~ :il
0 "'<{
tJ 14 m-
CD ..Cl Q) ~
a; E :c ,~
I~ Q) -roi:i5
'"
'" i,~ ai
0 <l::
tJ ~ en'i::
(l) oCi)
a; E? fEQ)
0 m'"
C C ... Q)
m 0 f--~
'C () Q) Q)
en <.> > >
o 0
Q) !e E E
'" ro
Q) r= Q) Q)
c.. a:: a::
0
~
M "';-0 0
~ It'> ~ N
.;, , , ,
00 0
<D r- Ol '"
CD CD CD <D
'"
'0
..,
Q)
0>
'"
c..
tV) c.o G;. ~ <<
COO....i:i..
-0 'S~ ~
'dli~'8
. ~,g~
L ,a:: u>
EW 18~
(l).o g>
== .8 tl
~ u ..
-00 a.
c:
(l)
0)
<C
';"
c:
Cl
en
u
IE
I!!
....
00
~ Gl
ggUi
..,. .. E
~j!-6
Q'~~
<D~~
c:
..
c:
o
""
.!!!
S
u>
F
c:
o
0.<0
1=0
.0008
0"; ,
~~~
-_. :s,ll ~
": CI'J Q)
j ~ B
.~$ $
~ '" '"
a.ClCl
g8~g88g8888g~~~~888
~~~~N~~~~~~M ~~~
..... .....
III
CII
g
'0
c:
.c:
o
~
C~~~~~~~~~~~~~~~~~~~
~ZZZZZZZZZZZZZZzzggg
III
18888888888888888888
o08'oooOOOO!Od~M~0000
00 omo~ooo o~~~~o~~
~~~~~~;~~~ ~ ~~:;~
~~ * ~ *
'ii
~g
(1)-
C::C
ad!
~..J
o
(I)
000
000
000
~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~
r;
a
~"''''''''''-''''''''''''~>>~~~~~I'=''~
;:) Gl Gl (lJ (lJ - Gl Gl '" '" _ u u __ __ _I....,~
c:
o
:g
't:
tl
III
CII
C
C
,Q Gl
m::c I~ .-
'g '" -IZI_ 1-.:: c
::) C) 'g8'8 ~ ~~
s -g S5"C.~ .g "8.~
l:? c c '" 2; ",.0 C ::2: ,0,-
QJ C CGl....c..,,; ..@ oLlJ
I~'~~@ 5~~~~~ _ ,~m
- - .0 <l>k:; E > c fll ~ ,2. '- ~':;;: 0 ~ _
~ ~ E E TJ QJI..!::,2 g Ul'1?; I ~ <I> U '-CI) ,''!O 'S
~~m~3~~&O'~~ l~mE~ ~
~"'<15~~53'~SI~ ~tl~~~8c
<l: -:: ",rCl)""'-'~U1,Ul :v a;1~ S:!';v :> 8c'l~ I 0
~ c: '-'-CI)CI).ou- >,,-~u>~oll
t::~5,~ x x E C u> <1>'- '" Q) ",1_
<~>I~OO~'- 0", O~~~=I~
--~c~mm3~~C)I~ ~_QJ~&=
~~g!~13300U> m <I>::)~~~i
o~C)CI)wc..c..c..c..~~~",CI)~CI)::)~C)
EQ)QJQ)Q)<I>G>mm2~wEm~2<<I><I>
Gl>>>>>>ou-C)<",ucfllE>>
c::: 0 0 0 0 0 0 'C:: 'C:: e . . CI:l 'C:: '" 13 0 0
<l>EEEEEEuuEuu~u~c2EE
OQJQJ<I>G>Q)QJ~~O~~o2::)0~QJ<I>
a.~~a::a::a::a::LlJWC)~~CI)LlJC)C)CI)a::a::
o
..... 1?:i;1;NN'i'1O
joooo~~~~~~~ ~~~ ~8o
-~ddd~~~~;~6~~~~~~~~
~~~m~~~MM~OM~MNNro~~
~~~wW~~W~~~M~~~~WW~
"Ci
~
r::
CD
III
!
CD
;;
o
III
III
CD
... C
"*' :s
'-
.g s
o 6 !
i!:t;;;
o :s c:
3:.l:I~
_~.l:.
III 0 .!I!
E t) E
.!l-.=
.5 ! !II
- CI E
:J Ui !II
ii.~=
~z<
c:88888888888888888
~doodoooeooooooood
!g~g~g~~~~~g~g~~gR
$.N~~""'~""'~'5,.~NMM*~~~~
.. * ~ M ~ .... .....,'..". ~ .... .= ~ ~ .... ~
w ~ ~ *,~' ~
'!\"1!
o~~oooooo~~o~oooo
~~N ~g~~g~~~~ ~~~~
8 M ~~~~ M ~ ~~
U M~
-
C
;:)
88B888888P8888888
JodBodoodo.odooOOd
1Il00_0010000_0000000
r::N~~OO,~OW~~ONo~roNO
~Mw&(1;~'-m*N~OM~~""~M
~~~Ii~~ * ~I~~~~ ~*
o 0 ~ 0 0 0 0 0 0,'" 0 0 0 0 0 0 0
i~~~~~~~~~.~~~~~~~
uOO~OO~IO*N NO~~OOO
~~~ ~~~~ ~ ~~ ~~I~~
5 ~ ~~ ~ ~
j,
~NO~~~NON 'O~ON~~N
f.(') --OT-DO 0__
T""" (0 co N
~
,i,G
-
'c
;:)
It)
o
v
Ql
0>
<U
a.
~m~m~mm~m~~'B~m~mm
~
:;:: (j)
o ~
.E '0
~ ~ ~~
Ie ~ '0 5 ~ ~
~.., ~ E 2!~
g ~19 ::: ~ 0 0
":'tOg~ (j) :5255
:E~~ <: 8~~
~rn.!::"O ~ 0:;'1'1
Ql~\:'::::; '5 .QM~
g.g2Jl!Ql~ Qi goo
<:i58gg::i55~5 ~~~~
~.2:------l:!!E"'u-gm <I>~~__
c...o.2:.2:~'OuS::)<ii ~OOCI:l<<
<ii_E~~~~~~~g ecc~~
~>~Ql<l>OOigi; IEEI~~
QJ~~~~~~<I>o~~I~-uu-_
~ ~<< ,~ ,oc~cLlJccm'"
C<l>~QJ ~ -...J~-&Q::)::)C::<:
gc..C)~EE~ mQl~~<:i5c~~~&
~EE:S:<<~~j~~~c~-g'g~~
~&~~~wgg~g~~~~roro==
<l>Nw9~~Xx~~coo",e33EE
O~~CI)~~~~< C)C)C)~c..c..~....
M~
00
~o~~<O .....~
~ ~0re~~~~~~~~~~~~
E ~~~~~~~d~~~~~~6
.!l<~~~~~~~~ggg~g~~~
C0 CD It;. ~ N
000,,-";;
CD 0 1:)]1 ~
..- N a;.. Xl .-
. ::> ~
cioltl!ir~
z"-,~..
'- (;0 (t) "C
E CDa",'-
..0 Cl CD
2 0 ~
-.... "
ro II to
-00 a.
C
CD
OJ
<(
-..
c
Cl
(j)
"
lE
to
f=
Co
~ '"
(') U ..
o c"
"ftoE
CCO ~ .g
'E C
0'- '"
ii'i~:g
'0"
C
to
[5
~
]j
..
f=
C
o
lico
.- 0
~c08
O~I
CCCCM
;.:-gcb
en _ ..
:ii .. '"
o ::>
t5a..o
.~g~
~ to III
0.00
000000
000000
000.000
1Il0M<ONOO
c>> <OCO.,....COMtO
g~~~~E;;~
o~
C
.c
u
~
8~<O~~~
1'-<0
~~ ~
-
r::
GJ
~
oll
iij
r::
~g
II) .-
E~
GJ-=
~..J
o
II)
5
000000
000000
00000.;0
oo~ooo
:: :;} ~I~ ::: ~
~ER- &9-1;
iiJii:
000 ~;
~~O
1'-0.0
~<D1O
~~
00
00
00
00
<0 10
~M
~~
<0....0
M
100S
.- N~;
t;;:
-
"E
::J
mmi:?i:?-
(,
~
r::
o
.,
:a
ti
III
Ql
o
E
!
C
~
o
o
'E
g~
Uz
c"O
~::l
=g~
"'I/)
:r:z
}1,
~:5
o E
w'"
d~
-~
'" ~
.~~
(f)'-
c:'E
'" 0
'cU
U; [.)
~~
(l) '-
Q..f-
If)
E
2
I:;;: "" :g
~~~
~ 0 0
!~ c: c:
~~15
~ ~ g
'" - ,
-o'5~
.!!1 CiS C9 '"
'fii",-o::ii
C041c(ij
I i3 '" 'c:
-oc:-€2
00::> '"
(f)uu::ii
o
~~
'70
(")0
101'-
<0 <0
"7 C";J
~~....
I , I
IONO
I'- NN
10 10 10
co
o
,,;
on
M
....
....
....
...
o.
o
'Mi'
M'
I~'
'OJ
"'"',
~
...
"..;tt"
..J
~
o
?-
m
:;)
I/)
N
,...
"-
CD
'E
o~
.II: ...
~.~
iijD:::
E III
~ .~
-I/)
iij u
~i:
~l!
1-1-
r::
o
';;
r::
~
w
..
II)
o
()
..
"E
:;)
r::
o
Ui
c
CD
1C
w
..
III
o
o
..
"E
::J
~
o
....
"E
:;)
Cl)
~
E
::l
E
'c
'E
cO:
'"
E
N
I
J:!
'"
Ul
... '"
0"'"
.g E
..J::>
c > 0
.2 g ~
~",Ul
'13 ~~
Ul E ::l
~wg
c:i
z
E
2
o
o
o
<0
'<t'
~
o
to
o
o
o
N
I'-
~
o
(])
<0
.c
00
o C>
00
'<ten
'<t~
0000
0000
.000";
r--ooco
__0 N I"')
~N~";
~ ...
....
~
010
en'<t
10 0 0
"....0
.... ....
00
00
00
to N
~~
0000
0000
0000
,.....,100N
~~;;!~
~ ...
00
00
00
<D <0
~~
0100
ONO
ocrio
" ~o
~ ~
~ ~
<DN
...
~ON
o
N
... ...
.c ..c
'" '"
",-",
..J
~
o
?-
m
:;)
II)
-
c
o
U
'"
Ul
(")
'-
o
.0
.!!!
...
'"
~
l!!
I
c
o
U
c
~t3
EE
.:: Q)
~t5
'" ::l
0:::00
'"
iO
0:
~tl
"'" '"
o~
s: Ul
... '"
\... O'C
o c: .~
tl:E~
2;::::l
~ro:;
~ .~ m
:.s~:r:
-8~~
'" 11l.g,
Q..U(f)
......
~ , 0
~<1'~
IONen
<OMIO
<0(1)",
0 0 <:>
0 0 <:>
.,; 0 ,,;
.., N on
N "It Ul
CI> ... N
.... ... ""
.... ....
... ...
co
co
o
"It
~
..
>-
to
a>Q)~~:$
>->->-"'z
Q)
Z
'"
>-
m
~OO~~
>-ZZ""Z
Q)
z
;; ; 0 zzzzz
~ ~ ~ ;;:~:
00 c:( Cl) '" '" E '"
... ... m Zi Zi '5 Q; .g
... ... ..J m l'U La ~ Q)
~~c:(~~<i:E~
--5:tm~~.s
S.l!I-~gc:~~
{:.{:. l!~CIl~E
-l~[a.::J
~'5 g"g
CJ~'"
wo..:g
<t:
'0
:0
~
'C
"
'0
~
.,
8
<5
.,
a;
E
g
.,
Oi
<.>
i
~
~
~
>
.,
'"
:;
,I;;
'"
'"
C
'"
{;
.e
~
l5'
iil
~
-g
'"
'0
CD
""
'C
~
Iii
CD
.0
<5 '"
"
" '0
1;
~ \0
0 CIl
" Cl
<.> III
'& a.
'0
jjj
g>
'~
.,
a.
0
'O
:z;
l:
1ii
t~
n
" 0
] J '" -
-g-g
CUF
~ ii
., :il
g.1Il
"'.!!
~t Q; ~
~ '"
>.E
~~
., 0
'" 0
0:2
't' . 'O-
m :c .S;
~ C .,'O
to ~ "
C5 - "
E -'15
to .. ~~
'0 e
C C> ~:8
Cl)
C5 >-
'" ~~
C
E 't'
::l ~~
'" 0 1:-;:
Cl <.>
<t: = III
l!:5
Cl in 0.0
C Ul '"
"c CIl ~ ~
CIl .5
c. ~ ~~
0
Agenda Item No. 1684
October 10, 2006
Page 1 of 22
,-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve five (5) Adopt-a-Road
Program Agreements with two (2) roadway recognition signs at a total cost of $150.00. The
other signs already exist.
OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements
signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a-
Road program.
CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsors of the
particular segment of roadways named in the Agreements, to perform litter removal in
accordance with instructions contained in the Agreements.
FISCAL IMP ACT: The County is responsible for acquiring and erecting recognition signage at
either end of the roadway segment. The cost of each sign is $75.00. Staff expects to install (2)
new signs at a total cost of $150.00. Remaining signage will come from existing inventory.
Program expenses are budgeted in the Transportation Services Fund 101.
-
RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer
groups: Paradise Coastmen Barbershop Chorus, Huntington Lakes, South Bay Realty-Lesley
Garlock & Nancy Kamenick, Sophie Estrada-REMAX Elite Realty and Naples Safe Driving
Academy as the sponsors of the listed roadways and that the Board of County Commissioners
authorize its Chairman to execute five (5) Agreements on behalf of Collier County.
Prepared by: Margaret A. Ramos, Administrative Supervisor, Road & Bridge Maintenance Dept.
Attachment: Agreements (5)
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16B4
October 10, 2006
Page 2 of 22
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B4
Recommendation that the Board of County Commissioners approve five (5) Adopt-a-Road
Program Agreements with two (2) roadway recognition signs at a total cost of $150,00 The
other signs already exist.
10110/2006 9:00:00 AM
Date
Prepared By
Margaret A. Ramos
Transportation Services
Administrative Secretary
Road Maintenance
9/20/2006 2:54:38 PM
Date
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
9/2112006 8:03 AM
Date
Approved By
Norm E, Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
9/26/20069:54 AM
Date
Approved By
Rookmin Nauth
Transportation Services
ManagementJBudget Analyst
Transportation Engineering and
Construction
9/26/2006 1 :33 PM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
9/26/20063:10 PM
Date
App roved By
John Vliet
Transportation Services
Roads Maintenance Superintendant
Road Maintenance
9/26/2006 3:39 PM
Pat Lehnhard
Date
Approved By
Transportation Services
Executive Secretary
Transportation Services Admin
9127/200612:43 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
9/28/20068:24 AM
Date
App roved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
9/28/200611:11 AM
Date
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/28/20063:55 PM
,
Agenda Item No. 1684
October 10, 2006
Page 3 of 22
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
of
TillS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _ day
, 20-, by and between Collier County (hereinafter the "COUNTY"), and the
Paradise Coastmen Barbershop Chorus (hereinafter the "GROUP"),
6159 Ashwood Lane, Naples, Florida 34110
volunteer group,
whose address is
WITNESSETH:
\VHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Thomasson Drive from Bayshore Drive to US 41 (SR 90) (the "Adopted Roadway"),
acknowledges the hazardous nature of picking up litter, and agrees to the following terms and
conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
Agenda Item No. 16B4
October 10, 2006
Page 4 of 22
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
2
Agenda Item No. 1684
October 10, 2006
Page 5 of 22
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the fined trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circwnstances, Le., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modifY or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnifY
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
3
Agenda Item No. 16B4
October 10, 2006
Page 6 of 22
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties. and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties. either oral or written, with respect to the matters
set forth above. have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF. the Parties have caused this Agreement to be executed as of
the date written above.
A TrEST:
DWIGHT E. BROCK., Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Frank Halas, Chairman
i
By:'
dise Coastmen Barbenhop Chorus
~
at ~ l..U
N e (print): !?tt: H r1 ~o I &"/(,C 1
Title (print): f'R.fii, oe~ ,-
Phone # (day): ..2.3"1. ,,-if J. De; y. I
Phone # (night): J- /11 . ;"""'7. 0 J '" ,
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
4
Agenda Item No. 1684
October 10, 2006
Page 7 of 22
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this _ day
of . 20_. by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group. Huntington Lakes (hereinafter the "GROUP"), whose address is 2655
Creek Lane, Naples, Florida 34119
WITNESSETH:
VlHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
Vv1ffiREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Northbrooke Drive from Immokalee Road to Milkreek Lane (the "Adopted
Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following
terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site Wlder the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold hannless agreement provided by the COUNTY, and attend a
Agenda Item No. 1684
October 10, 2006
Page 8 of 22
safety m,,-eting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
2
Agenda Item No, 16B4
October 10, 2006
Page 9 of 22
B. THE COUNTY SHALL:
I. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
3
Agenda Item No. 1684
October 10, 2006
Page 10 of 22
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further fi)rce or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Frank Halas, Chairman
GROUP: Huntington L~ '
By: ~~~~"''-, .
Name (print): ,-~-,,~ c:..<;:),,~~ '\. "-.c.. '-
Title (print): G" 1;:::),-~ "-~?~C\
Phone # (day): '~.:~'=\- ~o....~-S\o~~
Phone # (night): ""d.. ~:f\...~~u.... ~\.oCb~
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
4
Agenda Item No, 16B4
October 10, 2006
Page 11 of 22
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into thisl} day
of ' ;, :', '( ~~~ f-:20fJbbY and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, South Bay Realty - Lesley Garlock & Nancy Kamenick (hereinafter the
'''GROUP''), whose address is 9136 Gulf Shore Drive, Naples Florida 34109
WITNESSETH:
\\llffiREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Vanderbilt Drive from Vanderbilt Beach Road to 11lth Avenue North (the
"Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the
following terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
Agenda Item No. 1684
October 10, 2006
Page 12 of 22
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park: all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNfY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
2
Agenda Item No. 16B4
October 10, 2006
Page 13 of 22
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free oflitter.
C. TERM OF AGREEMENT: lIDs is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
3
..
Agenda Item No. 1684
October 10, 2006
Page 14 of 22
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Frank Halas, Chairman
B
(/~
LtO
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
4
, .
Agenda Item No. 1684
October 10, 2006
Page 15 of 22
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
TIllS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this ~day
of :<" 'i"7Ct1.i(}E,Z, 2~, by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, Sophie Estrada - REIMAX Elite Realty (hereinafter the "GROUP"),
whose address is 320 ITh Street N. W., Naples, Florida 34120
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Wilson Boulevard from Golden Gate Boulevard to Immokalee Road (the "Adopted
Roadway''), acknowledges the hazardous nature of picking up litter, and agrees to the following
terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a'
Agenda Item No. 1684
October 10, 2006
Page 16 of 22
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels. on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway. at least 20 feet from the edge of the
pavement.
10. Remove litter a minimwn of once monthly. and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests. traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, munber of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission.
be retained by the GROUP during the term of this Agreement.
2
Agenda Item No. 16B4
October 10, 2006
Page 17 of 22
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
3
Agenda Item No. 1684
October 10, 2006
Page 18 of 22
E. NO ASSIGNMENT: lIDs Agreement is non-transfemble and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: lIDs Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Frank Halas, Chairman
GROUP: Sophie Estrada - REIMAX Elite
Realty
By:~&i~~;:05
'. '. , (pOllt): ~ophe cstmda
Title (print): K. ec~ \ to .-
Phone # (day): i .2.3q 2 Zg- 4.3 4 b
Phone # (night): 23c 2$'1 - 4.14(;
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
4
~.
. ,
Agenda Item No. 16B4
October 10, 2006
Page 19 of 22
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this J!}day
of J~, 20~ by and between Collier County (hereinafter the "COUNTY"), and the
volunteer gro~, Naples Safe Driving Academy (hereinafter the "GROUP"), whose address is
2900 14th Street North Suite 37, Naples, Florida 34103.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
knovm. as Airport-Pulling Road from Radio Road to Golden Gate Parkway (the "Adopted
Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following
terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
it ..
Agenda Item No. 1684
October 10. 2006
Page 20 of 22
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. 'Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
.,
Agenda Item No, 1684
October 10, 2006
Page 21 of 22
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
"l
i ..
Agenda Item No. 1684
October 10, 2006
Page 22 of 22
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect Tbis Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ArrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Frank Halas, Chairman
Deputy Clerk
GROUP: Naples Safe Driving Academy
By:
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
A
Agenda Item No. 1685
October 10. 2006
Page 1 of 28
EXECUTIVE SUMMARY
Recommendation to approve a Developer Contribution Agreement between Tousa
Homes INC., collectively referred to as "Tousa", and Collier County, herein
referred to as "County", for the construction of a public road from Whippoorwill
bane to Livingston Road.
OBJECTIVE: To obtain Board approval of a Developer Contribution Agreement (the
"Agreement") between Tousa and the County. The purpose of the Agreement is to take
advantage of Tousa's permitting and construction schedule in the immediate vicinity in
order to make the highly anticipated connection from Whippoorwill Lane to Livingston
Road. The main objective is the immediate relief of congestion and emergency access at
Pine Ridge Road and Whippoorwill Lane.
.-
CONSIDERATION: Tousa Homes is now in the process of constructing Marbella
Lakes community which is directly adjacent to Livingston Road and Whippoorwill Way
also considered potentially the future Green Boulevard Extension. The intersection of
Whippoorwill Lane and Pine Ridge Road is constrained and is a high priority of the
County for congestion management and emergency access. By connecting Whippoorwill
Lane to Livingston Road as shown on Exhibit "A", the County will alleviate the
congestion problem and emergency access concerns at Pine Ridge Road. Tousa will
provide the necessary infrastructure improvements and additional right-of-way at the
same time it will be constructing Marbella Lakes. The County will reimburse Tousa in
the form of impact fee credits consistent with the agreement. The connecting road will be
constructed to County "Local Road" and "Collector Road" Standards. The estimate has
been reviewed and approved by both the County's Transportation and Engineering
Construction Management staff and the County's consultant CH2MHILL as certified on
Exhibit "G".
FISCAL IMPACT: The Developer Contribution Agreement shall establish a road
impact fee credit in the amount of $1,453,496.79. This road impact fee credit shall be
established in road impact fee District 2. (Fund 333)
GROWTH MANAGEMENT: This Agreement is consistent with the Growth
Management Plan. The construction of this roadway is consistent with the Long Range
Transportation Plan.
RECOMMENDATION: That the Board of County Commissioners approves the
Developer Contribution Agreement, and authorizes the Chairman to execute the
Agreement on behalf of the County.
Prepared by: Nick Casalanguida, Planning Manager, Transportation Planning
Department
...-....,
Attachments: (1) Marbella Lakes Agreement, Exhibit A; (2) Locus Map, Exhibits Bl-
B3; (3) Plans & Specifications, Exhibit C; (4) Engineers Estimate, Exhibit D; (5) Impact
Fee Ledger, Exhibit E; (6) Dedicated Parcel, Exhibit F; (7) Example Warranty Deed,
Exhibit G; (8) Engineers Certified Review
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 1685
Oclober 10, 2006
Page 2 of 28
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B5
Recommendation to approve a Developer Contribution Agreement between Tousa Homes
INC. collectively referred to as "TOUS8, and Collier County, herein referred to as County, far
the construction of a public road from Whippoorwill Lane 10 Livingston Road,
1 011 012006 9:00:00 AM
Date
Approved By
Nick Casalanguida
Transportation Services
Project Manager
Transportation Planning
9/22/20063:40 PM
Date
Approved By
Paula Fleishman
Community Development &
Environmental Services
Impact Fee Analyst
Financial Admin. & Housing
9/25/2006 4:02 PM
Approved By
Norm E, Feder, AICP
Date
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
9/26/2006 2: 30 PM
Approved By
Joseph K, Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
9/26/20062:36 PM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
9/26/20063:45 PM
Date
Approved By
Jeff Klatzkow
.-....
County Attorney
Assistant County Attorney
County Attorney Office
9/27/20068:16 AM
Date
Approved By
Donald L, Scott
Transportation Services
Transportation Planning Director
Transportation Planning
9/27/200610:01 AM
Date
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
TECM-ROW
9/27/20061 :05 PM
Date
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Transportation Services Admin
9127/2006 1 :26 PM
Date
App roved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/28/2006 8:25 AM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Anatyst
Office of Management & Budget
9/28/2006 1 :51 PM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
9129/20063:03 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/2120062:27 PM
,,-.,
Whipporwill to Livingston Connection
Agenda IterThNo. 1685
Octo~J..O, 2006
, ~ of 28
\\,.-:\'-.1' F
~ 1" -
" -'
S
;:::.
t:l
z
w
~
n.
-:-:
t:l
i
~
I I
(f TOfJ' 2/JO' 4(J(/'
St:AJ..E:.,r~ _
WHIPPOORWILL LANE
TRACT -R-f.
(R.O.W., C.U.L, P.U.E.. D.L)
ANDAL UClA
(PLA T BOOK 43. PAGE 93-97)
T 4llOO% LF, TO
I PINE RIDGE Ra.\ll
TRACT .P-3-
(PRESERVE AREA, C.E.. F.E.)
r /
/
lIJ;:::'
(..)~
"l;-
~~
E::l~
Ct:: <:::I'
e....
::~
"l;CI:l
Ct::.....
:;;~
~
~
O'l
.....
N
':':!
o
.....
\0
o
o
N
0\
.....
C7i
~
U;
A VIANO A T NAPLES
(pLA T 800K 43, PAGE 61-11)
TRACT -P-4.
(PRESERVE AREA, C.E.)
/
TRACT .A-3A.
(R.O,W., OPEN SPACE. D.E.)
"
Q. GRADY MINOR & ASSOCIATES, P.A.
ClVJLENQINEBRS . LAND SURVBYOR.B . PLANNIDtS . LANDSCAPE ARCJJJTECTS
B(lto'TtASPW>>KlI flOI1'MYIlU NOIlntl'OtT
(30)$C.7-*" (2)II)69O.UIIl !WoI)~
EXHIBIT 8-1
lilIlI9~(pl.[l'IIII!'>l.UI_1 J.-...:MD-_____l._
WWW.ORADYldINOR.COM
DATE:
SEPTEMBER 2006
DRA1IDiG NUWIlER 1 01' 1
el
ra
~
:i:
c(
o
o
~
N
o
....
\0
o
o
N
en
....
--
CJ\
~'
~
Cl
.:..
....
><
U"I
cO
~
'g
l::i
to
s:
r;S
::l
~
~
0-
s:
~
V)
~
~
....
:3-
~
--
~
Z
w
a
~
0-
--
o
40' EX. DL
(EX. I([N!lNalllN CANAlJ
~
SECnON
u
EX. 15P c.uL
>S
40' EX. D.E.
(EX. KENSIN(llUN CANAL)
~
SEC110N
u
EX. tS" c.U.E.
>S
( <<1 EX. D,E.
EX. ICENSING1UN CANAlJ
~
SEcnON
EX. 15' c.u.E.
>S
SILT FDCE
EXlSmtc GROUt<<)
R. W,
30' rIPE '0' 1..8.E.. LE.
75' R.O...
20'
8'
28'
,.'
,0'
12"
PROP. n..-1
.. ....
,s....
------
PROP, EL-13.OB
~,'n.~.
~:. .
..... _rt':.~li,h ,.. ~-'.:.s
.,.
CURB
,s"
EXIST EL.-a,48
SECllON A1-A1
N,T,S.
SILl FENa:
EXIS11NG GROUM>
'r.!' R.O...
3D' T"tPE"D" LB.Eo. I.E.
20'
..
28'
,,'
~
12"
VAllES (SEE
PLAN GRADE)
.,.
CURS
I"
SECllON A2-A2
N,T.S.
w
.."..
~~~:~~~~~~,2S0CIATES, P.A,
lIQtIo'UA SPltOIOS BRS . LANDSCAPE AltCHTTBCTS
llYi)'l!.J.Il1olo . I'OKTMYBU . NOI:rn I'Orf
tno9)~ (;w.o/oltHlkl8
EXHIBIT 8-2
OWllER/DEVEIDPER DIlSIGNJ:D BY: S.l.B
DlU.lIK BY:
II.W.M,
APPROVED:
lOB CODE:
SCAU!: N, T.S.
R. .W.
30' rIPE 'D" 1..8,E., LE.
~'R.o...
20'
..
28'
,I'
,0'
.. WAl.L/
FENCE
,s ....
------
12"
PROP. EL-U.
PROP. El....-13.DIIi
~
VARES (SEE
PLAN GRADE)
".._",,;.-
'~!:~J:;;~:;;;;'5~~;;;~: ~~..~;~",15~~ .:.
.,.
CURB
15'
EXIST EL.-a.8D
SECllON A3-A3
N,T.S.
WWW.GRADYMlNOR,CQM
WHIPPOORWILL LANE
DATE:
SEP1EIABER, 2006
DRAlIlNG NUlIBER lor'
PAVEMENT DETAIL
1. TI'PE SIll ~
2 II" TI'PE $I _.
10. UIIERllCK BOSE
(LBR '00), .... IlENSI1Y
12" STA8LJZED Sl/lIGIIADE
(LBR 40)
NlmS: '.) ST-..v.T1ON SIWJ. EX1D<D , fOOT BEHOlD Ml:I< OF
CURB AN) EDGE" OF MtBIENT. ,IS APPUCAIIL
2.) UlolEJIClCK .-J. EX!EN) . ICHES BElDND EDCE 01'
PlWEIotENT (0<<) CURIl),
3-) EOUI\IoOUNT ABC 3 _...... _ 1M. IE USED "' UBI
01' _K BASE: -/OR S1llSIUZED SlJBGlWlE.
el
ra
~
~--
<::
':':
..,
':'!
o
....
\0
o
o
N
en
....
-
en
.......
~
~
~
o
.
....
....
><
Lr'l
cO
~
"C
t::i
CO
s:
~
~
~
8
a.
a.
s:
~
r.n
(,ll
~
o
....
So
~
~
G
z
w
~
a.
-:-:
~
.JWNP:RIDEVF:IDPER llIlSIGlIKD BY:
R. .11;
II;
1rt R.llW,
"
SEC110N
>>'
4rf
5'
2'2'=
II"
=2'2'
SECTION 81-B1
N.T.S.
1,0.11;
1ft R.llW.
"
SECllON
;JO'
4rf
5'
2' 2' a:'c.
II"
COlIC. 2' 2'
,,,-
SEC1l0N 82-B2
N.T.S.
1ft R.O.W.
I
SEC110N
SEC1l0N 83-B3
N.T.S.
,II;
,II;
R.0.1I;
Q, GRADY MINOR & ASSOCIATES, P.A.
C1VJLllNQDIIEBRS . LAND SURVBYOItS . PLANNBRS -LANDSCAPB A:R.CRJTBCTS
BOtm'A 1I1'1UJ1Hl1 /lOIT MVlIU NOIlm I'OI.T
W9)el,'-1IWo UMlI~ IWJl~
EXHIBIT B-3
WHIPPOORWILL LANE
WWW.OR.ADYMINOR.COM
DATIl:
SEPTEMBER. 2006
DRAWING NlJKBER 1 '" 1
Agenda Item No. 1685
October 10, 2006
Page 7 of 28
Master Plan and Design Engineering, Permitting, and Design
Phase Surveying
$
68,290,00 $
25,920,00 $
94,210,00
2
Construction Phase Engineering, Geotechnical, and Surveying $
36,670,00 $
$
36,670,00
Submittal Fees
Legal
Earth Balancing
Storm Sewer
Paving
Agenda Item No. 1685
October 10, 2006
Page 8 of 28
Design Phase Engineering & Surveying
Whippoorwill Lane - Whippoorwill Way Connection
Item - Engineering Quantity Unit Price Total
I Construction Plans and Permitting I LS $ 31,610,00 $ 31,610
2 Design Surveying I LS $ 7,000,00 $ 7,000
3 Envirnonmental I LS $ 26,680,00 $ 26,680
4 Reimbursables I LS $ 3,000,00 $ 3,000,00
Sub-Total $ 68,290
Additional Costs
Item - Engineering Quantity Unit Price Total
I Environmental I LS $ 23,920,00 $ 23,920
2 Reimbursables I LS $ 2,000,00 $ 2,000,00
Sub-Total $ 25,920
Total $ 94,210
Agenda Item No. 1685
October 10, 2006
Page 9 of 28
Construction Phase Engineering & Surveying
Whippoorwill Lane - Whippoorwill Way Connection
Item - En ineerin Quanti Unit Price Total
1 Engineering Services During Construction 1 LS $ 8,870.00 $ 8,870
2 Surveying Services During Construction 1 LS $ 10,800.00 $ 10,800
3 Geotechnical Engineering Services During Constructior 1 LS $ 7,000.00 $ 7,000
4 Engineering Turnover and Certifications 1 LS $ 4,000.00 $ 4,000
5 Surveying Turnover and Certifications 1 LS $ 3,000.00 $ 3,000.00
6 Reimbursables 1 LS $ 3,000.00 $ 3,000.00
Sub-Total $ 36,670
Total $ 36,670
Agenda Item No. 1685
October 10, 2006
Page 10 of 28
Submittal Fees
Whippoorwill Lane - Whippoorwill Way Connection
Item - Engineering Quantity Unit Price Total
I ROW Permit (Includes 3% Rev/lnsp Fee through CDS) 1 LS $ 23,151.62 $ 23,]52
2 CDS Application Fees 1 LS $ ] 0,500,00 $ 10,500
3 Collier County DCA Application 1 LS $ 2,500,00 $ 2,500
4 Stratford Place SFWMD General Modification 1 LS $ 3,500.00 $ 3,500
5 Livingston Road SFWMD General Modification 1 LS $ 5,000,00 $ 5,000
6 Reimbursables I LS $ 2,500,00 $ 2,500,00
Sub-Total $ 47,152
Total $ 47,152
Legal
Whippoorwill Lane - Whippoorwill Way Connection
Item - Legal
General Consultation
Quantity
1
Sub-Total
Total
Agenda Item No. 1685
October 10, 2006
Page 11 of 28
Unit Price
LS $ 5,000.00 $
Total
5,000
$
5,000
$
5,000
,arthwork & Clearing
Whippoorwill Lane - Whippoorwill Way Connection
Item - Earthwork & Clearing
I Clearing and Grubbing (Heavy)
2 Off-site FiIJ (Truck Measure)
3 Staked Silt fence ( Includes Maintenance)
4 Sawcut and remove 'F' Curb
5 Remove existing asphalt road
Agenda Item No. 1685
October 10, 2006
Page 12 of 28
Quantity Unit Price Total
4,0 AC $ 5,000.00 $ 20,000
15,000 CY $ 22.00 $ 330,000
4,750 LF $ 1.50 $ 7,125
2 LS $ 660.00 $ 1,320
1,567 SY $ 5.50 $ 8,617
Sub-Total 367,062
Total
$
367,062
Agenda Item No, 1685
October 10, 2006
Page 13 of 28
Storm Sewer
Whippoorwill Lane - Whippoorwill Way Connection
Item - Drainage Quantity Unit Price Total
1 15" RCP 140 LF $ 35,20 $ 4,928
2 18" RCP 470 LF $ 41.80 $ 19,646
3 24" RCP 520 LF $ 55.00 $ 28,600
4 30" RCP 500 LF $ 60.50 $ 30,250
5 36" RCP 300 LF $ 82,50 $ 24,750
6 24" x 38" ERCP 850 LF $ 88.00 $ 74,800
7 Headwalls (Kensington Canal Crossing) 2 each $ 6,050,00 $ 12,100
8 Headwalls (Stratford Place Flowway) 2 each $ 9,900.00 $ 19,800
9 Junction Box (D modified) I each $ 3,740,00 $ 3,740
10 Junction Box (E modified) 1 each $ 3,520,00 $ 3,520
11 Type 'C' Ditch Bottom Inlet 7 each $ 2,750,00 $ 19,250
Type 'C' Modified DB! per FDOT index 282
12 (BOS) complete wi grate each $ 5,000,00 $ 5,000
13 Connect to existing RCP at Stratford Place. each $ 3,500.00 $ 3,500
14 Connect to existing RCP at Marbella Blvd. each $ 3,500,00 $ 3,500
Sub-Total -- $ 253,384
Total
~'f~~ $
-~~
253,384
Paving
Agenda Item No. 1685
October 10, 2006
Page 14 of 28
Whippoorwill Lane - Whippoorwill Way Connection
Item- Paving Quantity Unit Price Total
I Type "F" Curb 3,500 LF $ 11.00 $ 38,500,00
2 I" Asphaltic Concrete (Type S-lII) 7,222 SY $ 7.15 $ 51,638.89
3 2 1/2" Asphaltic Concrete (Type Sol) 7,222 SY $ 13,75 $ 99,305.56
4 1 0" Limerock Base (compacted and primed) 7,222 SY $ 11.00 $ 79,444.44
5 12" Stabilized Subgrade 7,736 SY $ 2.75 $ 21,272.78
6 Road Prep & Final Grading NTE 9,283 SY $ 1.65 $ 15,316.40
7 4" Concrete Sidewalk (5' wide) 1,893 SY $ 38.50 $ 72,871.94
8 Shoulder Stabilization 4,133 SY $ 2.75 $ 11 ,366,67
9 Signing & Pavement Markings I LS $ 1,100.00 $ 1,100.00
10 Bahia Sod 12,400 SY $ 1.93 $ 23,870.00
11 Stabilized Temp. Access (when required) ALT 1 LS $ 6,050,00 $ 6,050,00
12 4" Baserock under sidewalk 3,000 SY $ 11.00 $ 30,000.00
13 Alumimun Handrail per FDOT Index 520 320 LF $ 55.00 $ 17,600.00
Sub-Total - $ 468,337
Total ~ $ 468,337
,-..
c.oco
ON
0,-
NO
-L.()
0..-
..-
.....(])
(])Ol
.oCil
OD..
-
t.l
o
. ;;r;;
~g""
1<:>@5
.""C~~
'- <..0
~~~
~~Q:l
- bl .
~~~
2:~Q;'
:!E'-<:>
:o-'"<:~
t;j~~
~~~
;"o:::s
<: 1.OJ~8
a S.....!'l:
""""'!,<j~
~ <)~::):t:
~ s;;:;~~
Ct:: ~el:sL;;;
(j .....~"'~
'^ <::5 <;:>
I':~ ~!.JQ::!,:>
..... ~~O\,iJ
Q 9...<>:f:a~
" ~"'<>:!5
.- ",""',,-,Vi
""L.u~~~
~ il"":::S:>"
I,Ij '- :5 "- ~
0.: f<.!""'~:S
o ~Cj ~
Ct:: ~~~I::::
0.: '" Cl::
""'~~~
- Z
i{~ ~
c:i ~ J,
",0 _
,. - I !.J
~ <::> ~~!3
,. ~~"..G
.... "" -~
l)~~~<::>
~~-~....
Q::"-~~~
!-:~;';)"'~
~<>::: .....
~ c:; ;;s
-=~ cc
~
~ ~ '- 5O!!'l:;!.J
"" E:l",~~~. ~~~~!':>
:5"" ~~~ !:tl~::J~~~""""
""'~ 8s"<!~ ~~i'!:~<.:>~j:;jc:>
:5~~~~~~~!.J~~"<!~"<!~~
~ ",,,-,"'~!.J2: "'~~~~~
8'1~~ ""':::J ~ <;:) ~~ i'!:~ ~i'!: t:qg.....
"';;r;;C5t:l~...~a: ~"";;t;~;;t;_kJ
~GQ:)a:"-....,~ ~"',,",' "'. .....~
II 50~~.....;oq;;;l;:1 0...!.r:.C)
Slg:"':;':~ e'> ~~!S ~'-~~-"j......~
I ~~""'....~c.:s~~"";;"M""~~~
:<=.......;-;;<;:)i'!:""'~Q::~~~~~~'"
t;....~~" ~ ~ "'~ as"", i'!:'- i'!:!:::!~
~tJ~~~~;:~~~~~~~~~
....-,,: . :::S~Q:l.....~"!f:.''-'''<:>;;;:;''''
c:>CC:..:_~=...,..I,UC;::;f<.!;;,,<:>-O~
..........I~-I~GQ:_::s ":s~;;!::
a=i""'~~~t3:<=~~<:>l<:Cl::~<>::Q,~
~~<.:> ....C5'-....'-~~~H~s~t3...,~
<:5 ..... <0 ~ "-' <:s "'" c-o;" ;:!: I ""'
~~~~t:lo~!'l:~~~~~~:<=8
~~:;;:l~~"';-c;::;~~~~ ~ t;
~ ..... 8 .... cc ~ ~ ~:5 <.:> .0 - ~ .0 - -,,: ~I
i:!:"'" c:>.....:?SVjGQ)!'l:~SlcsSl~
Q::a:~a=i""'~~..........\!;J~I""CI<;:>
cs :;e""") .......V)~....,J...;;:..~ ;,<-...;;;
~~~:?S""~~\.:5a:~!:::!.....~.....~
~e@5O~~::J2:;;".....<::i,,-,~,,-,....~
""<::>"-'.....<::>0 ::::.~<:>""';:s!.J-,,:c:><::I
'- ~ ~ '" Q:l G i'!: ~ l::> ,_ Q:: "" ;;:; ~ ""....
""Co \.:5..... Q:: ....;:<,ll'::><;:>-.I~;;:;~
",~"""",a=io""~Q;!~~"..""!-.I
1<>:~""a:::J~2:C:>o""'~""~"'" Vj
"'~~ ""'!.J <..>0'" ~kJVj
""'Cl:.",;;:;8~~~~i::5~~~~~~
~
~~.
8
~
b
~
I
'<>
,. t3~
~ -..."'" ~
,. i.<j a:
I- c:;;<;:>~
l)"'d~c:i'
~I,U~""
!:t ~~ ~
f.,:: "'~
.....
"'"
a:
"
::~ r--l
...... i:j ;::) ~ <0
I .... 0 i.<j ~
a c."' :::ia:w
1,- c:> <..l "" <.5
;:<-~"'d""~
I- ~ i.<j';;;o.-;
l)!.J"':~;:
~~..s",<:5
R: "" o:S:: C>
!-::s~""'~
"'"
a:
~
~
"'"
a:
~
[:;
~
'"
.
,;:e
.....
'->
~
~
e:i
~
8
bl
~
lJJ
~~
";t-~
S'")c::)
<> '<;t-
~
<:
('
o:i~.....t:l
0':": d"a:
.:s.F~
Q:st;.....
Cj ~-q;;
~~~
~~~
~ e:i"""
I~
."'" c;::;
.....0
~bl
~~
~<.:>
e:i~
~co
8~
~~
~
I
:<=
.....
"-'
~
~
~
.....
i'!:
~
~
~ ;;::
:5~~
"'" ,.
i;;3~~
~!-..~
-,,:ClQ
::!!;;r;;~
II (.5~
SlesOQ
...l;~~
~.......~...
"-,,,~
~~~
~~
~~c'
~';;;~
::J<o~
.........0
~~~
~Q:l~
"".....<..>
~~~
es;;:;~
!:5e:?S
CI) "" \::\ ~
~~:?S<>:
a ~~~
<: !:.s'" ~
co"",,,-
~
=: i:::'- r!..
IX);;:: ......
t")~~~
':S~~
;:c ~ -.I ~
...."",:5..;
l) <::)~....
~~~~
f.,::s .....
~
S 00024'35" E
100.00'
~
~
""C
~
I::::
~
Iii
~
~
~
i::5
~
.....
5..>~
"'!::?S
~'->
"'~
~ls
c
a=i~
~l3
o::~
~t::J
~<>::
l.j
Cl;ib
-J'<i
b
<:;:;
""
------------
:u os 000 '1'+
.LN3W3SV3 M "O'~
.<;;-
SlOl
.~ ~
.....~
"-'Q;'
~!:.S
~~
~
.....
.....
~
N 00024'35" W
100.00'
~
== ~ r-!..
~ C5~""
~ ~~tJ
;:c S!.....Q.<:
\-. ....:5..,-
l) <::::l~","
~ ~!~
f.,:: ~ .....
~ ~
S:
"
~~
~ ~
~c::)
<> '<;t-
~
CI)
~
~
~
V)
~
8
<::)
~
"'"
~
;;:;
~
"'"
~
e5
::t:
~
<::::l
~
~
~
~
C'l
)
...... ')
~ Nt/) ,"')
~~ ~ CJ::ji:;s I
co
~~ "":"<0
~ I-.......~ G
~~ ~ ;<:Cljt5 ~
Cl.:~ ~ ~ ~ <:"" ~
~ Q.. :"'C ~ Q
V) ~ IJ.j Cl:: Q::
CI) ((:) i:S' cs
,. Q :'C "t' G::'
~ -J IJ.j co ~::...'
I- ~ :::"'p"VJI-..
- ~ -";;'0,;::
!:g IJJ ~CI)""8
~ -J ll.~~~ <.c
~ O"'C~~ 2
IJJ '<:( K-J ...., c".
"'C ~ cs r;:l:::'
r5 :Z:-J~~ ~
~ ,...J 0,'
J..;;. (i:lJ.i- C5
~ ~~ I-"::
~
<r.i ~~ U)
~~ ~
~
~
...:
Cl.:
cj
.....
~
~
Vj
i'5 ~~
<..0 glij
~IH~ Q)~
~~~~tgc)..
~Q:l\Lj~<>:_~
Q:l Vj\Lj<;:)j;:!
....~;:sVj~hJ..
<;:)~!.J;:S<>::>"c:r
,-v,("j~-.l'-""
"~<::::l~Yi;:!;~~
~ <;:)~~~::p:':!~-
~ "-:5~,->lEGct:
IJ.j II II C> '" Cj II II
~Q;5i.<j" 1I11....~
IJJ c:;; <l:i i.<j i.<j ct: ::; c:;
-J Cl.:..jc:;;",:C:;'-lct:
I I I
IHII
I I I
r-I I
I I
I I I
1 I I ~
I -.::::-- K
I I ,.;;:: "
"^ ~~~
I I I ~~~~
I- ~.....~
I II t:l....:5<a-
I ~<::>~....
I I ~~~~
+tL ~~~
i_IJ I
r) ) Q,~
I 7~
I I I ~~
1 I I ~8'1
I I I ~~
e:i
~
"-'
~
l.j
c::)
b
~
~~
~~
~
~-~ ~
~~ ~
~. l')
t3f@
~~~~
VS ~ ~~
~~ 0
~ V) ~~
~~Q
~ tti
~~~~
~~ ~
~~o~
~~~
~ ~ l'):<l:
~t::.:i~
~~:z;
s: 0
~t> ~
~-.
t')1O
C;:O
I
~~
0)
O;'~
~~
~~
....~
~
~
~~
~~
~:::>
't~
O)~
0;'0
gs~
-"":":"'1:
"0 ~
~~
~~
o.;l;,j
l:s ~
"-' ~
~ ~
31 c:,
..
)..
~ <:::>
~ s: "'"
:::; II
CI) ~ .....
'<:( ~ 8
\-.~ ~ ~
00;
~~
'.
1
!
,.j
,
:.,
~ 1
'I
. ~
.~..-...
PROJECT NAME:
PARCEL NO{S);
PARENT TRACT FOlIO NO.
WARRANTY DEED
THIS WARRANTY DEED made this _ day of .
20__ by, (hereinafter referTed to as "Gl'antorj, whose post office box is [ADDRESS]
to COLUER COUNTY. a political subdivision of the State of Florida, Its successors and
assigns, whose post offICe address is 3301 Tamiaml Trail East. Naples, Rorida, 34112
(hereinafter referred to as '"Grantee").
(Wherever used herein the terms -Grantor" and 'Grantee. Include all the parties to this
instrument and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells. aliens, remises, releases, conveys and
confirms unto the Grantee. aU that certain land situate in Collier County, Florida, to wit
See Attached Exhibit 'A- which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
ThIs is NOT the Homestead property of the Grantor.
TOGETHER with aU the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor Is lawfully
seized of said I8nd in tee simple; that the Grantor has good right and lawful authority to
sen and convey said land; that the Grantor hereby fully warrants the tltIe to said land
and wID defend 1he same against the lawful claims of all persons whomsoever; ancIthat
said land Is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written.
WITNESSES:
By:
[GRANTOR NAME]
(Signature)
(Print Full Name)
(Slgnatul9)
(Print Fun Name)
. CH2MHILL
.....
Agenda Item No. 1685
October 10, 2006
CH2M HILL Page 17 of 28
5801 Pelican Bay Boulevard
Naples, FL 34108
Tel 23lI.588.1115
Fax 239.598.2579
September 22, 2006
Nick Casalanguida
Collier County Transportation Planning Department
2885 South Horseshoe Drive
Naples FL, 34104
RE: Marbella Lakes - Cost Estimate for Whippoorwill Lane and Whippoorwill Way
Dear Mr. Casalanguida,
Per your request, CH2M HILL has conducted a review of the cost estimate prepared by
Ms. Sandra Bottcher - Q. Grady Minor & Associates, P.A. (QGM) for the subject project.
The cost estimate included the design, permitting and construction cost for a 2-lane
roadway which would extend from Stratford Lane to the Marhella Lakes main entrance
(approximately half mile), as shown on the attached Exhibits B-1, B-2 and B-3 prepared by
QGM.
CH2M HILL has reviewed the estimated quantities and associated unit costs and has
determined that the proposed cost of $1,435,131.32 dollars including contingency is equal to
or below the expected project costs based on current bids received by Collier County for
similar roadways.
~7~~
Bill Gramer, P.E.
Project Manager
CH2M HILL
L!) to co
Q),.Q N
( -
:::>
0~e?
Z::Ql
EQlOJ
2158:
~tl
-00
c:
Ql
OJ
<C
I-
Z
W
:E
W
W
0::
C>
<(0::
Zw
Oc>
1-0
:::>w
CO...J
-I-
0::_
1-0
OZW
00::
-I- U U
Bo::w
IWW
Xo..LJ..
WOI-
...JU
W<c
>0..
W~
0-
rnO
W<(
~O
<co::
...J
<(
...J
...J
W
CO
0::
<c
~
co
en
(")
,....
~
,....
......
N.
or-
~
ii)
o
(.)
CD
II)
co
CD
-
:0
~
u
Cl
c:
.2
c:
.~
CD
CD
CD I I
u
Q)c
J-.!!
ZllJ > ~
Wm
!.~ g ::
CD...!.
.~ 2
Uj -.r::
6 :g.
m o a::
co ..... en
C) C")
(") ,.... I"-:
,.... C") co
~ ..... C)
. 'V
W ..... I() M
...... C")
~ "!. 'V. I()
.... .... 'V.
~ ....
~
I() co
C") 'V
to- r-..: &ri
..... co
I C") C")
M a:i
... co ....
,.... ~
S ~
w
a::
u
lit:
...
i
a::
w
D.
W
~
Q
Agenda Item No. 16B5
October 10. 2006
Page 19 of 28
DEVELOPER CONTRIBUTION AGREEMENT
MARBELLA LAKES
THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreement") is made and
entered into this _ day of , 2006, by and between Tousa Homes, Inc., a
Florida corporation ("Developer"), with an address of 12550 New Brittany Boulevard, Suite 101,
Fort Myers, Florida 33907, and The Board of County Commissioners of Collier County, Florida,
as the governing body of Collier County ("County"). All capitalized terms not defined herein
shall have the same meaning as set forth in the Collier County Consolidated Impact Fee
Ordinance, Ordinance No. 2001-13.
R E C I TAL S:
WHEREAS, GMAC Model Home Finance, LLC, a Delaware limited liability company
("MHF") is the owner of that certain parcel of real property located in the County, described on
Exhibit "A" attached hereto and made a part hereof (the "Property"); and
WHEREAS, pursuant to certain agreements between Developer and MHF, Developer
holds an option to purchase the Property and is obligated to develop certain infrastructure
improvements on the Property; and
WHEREAS, the Property is intended to be developed as a residential community to be
known as "Marbella Lakes" (the "Development"); and
WHEREAS, the County has requested that Developer design, obtain permits for and
construct Whippoorwill Way from the main entrance of the Community to the existing southerly
terminus of Whippoorwill Lane at Stratford Place (the "Project"); and
WHEREAS, Developer has agreed to undertake the Project on the terms and conditions
set forth herein; and
WHEREAS, the Transportation Administrator has recommended to the Board of County
Commissioners that the Project is in conformity with contemplated improvements and additions
to the County's transportation network and that this Agreement will be advantageous to the
public; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has
authorized the County Attorney to prepare this Agreement with the Board finding that:
a. The Project is in conformity with the contemplated improvements and additions
to the County's transportation system;
b. The Project, viewed in conjunction with other eXlstmg or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liquidity of the County's road impact fee trust account in such a way as to
frustrate or interfere with other planned or ongoing growth necessitated capital
improvements and additions to the County's transportation system;
Agenda Item No, 1685
October 10, 2006
Page 20 of 28
c. The Project is consistent with both the public interest and with the County's
existing comprehensive plan;
d. The Project is consistent with the most recently adopted five-year capital
improvement program for the County's transportation system; and
WHEREAS, Developer has paid the required Two Thousand Five Hundred Dollar
($2,500.00) application fee for this Agreement.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Attached as Exhibit "A" is the general location map showing the Development and the
Project. Attached as Exhibits "BI-B3" are the Plans and Specifications for the Project.
Developer, consistent with the requirements of all applicable laws and regulations, will design,
obtain all permits and build the Proj ect in accordance with Exhibits "B 1- B3" and shall provide a
construction engineer inspector approved by the County to oversee the Project. The County will
also inspect the roadway to ensure it meets all applicable codes and regulations. Construction
work and drainage improvements will be sufficient to meet South Florida Water Management
District standards. Developer shall not change, revise or modify the Plans and Specifications
without the prior written approval of the County. Construction will be programmed to
commence no later then one year from the approval of this Agreement, and will be substantially
completed within one year of approval of all permits. The County may extend the start date if the
Developer is delayed in obtaining the necessary permits through no fault of his own. Developer
will provide prompt written updates as to the status of the Project following written request by
County Transportation staff. It is intended (but not guaranteed) that following completion of the
Project, signalization shall be installed at the intersection of Whippoorwill Way and Livingston
Road, if warranted. If installed, Developer shall pay its fair share of total costs incurred for the
signalization of the intersection of Whippoorwill Way and Livingston Road. Developer's fair
share shall be a percentage of the cost based on the number of users which will access the traffic
signal.
3. Attached as Exhibit "C" is a Final Certified Estimate of Probable Costs prepared by
Developer's Professional Engineer. As set forth in Exhibit "C," the estimated cost of the Project
is $1,271,813.96. In the event that there are any changes in the plans or costs for the Project,
Developer shall submit a change order to the County, and may petition the County for the
additional costs of the Project, as set forth in the change order. The cost estimate includes Thirty
Thousand Dollars ($30,000) for mitigation costs. This amount is an approximation and is subject
to changes in mitigation credit prices at the time the credits are secured. Except for mitigation
2
Agenda Item No. 16B5
October 10, 2006
Page 21 of 28
costs, total project costs eligible for impact fee credits shall not exceed $1,435,131.32, which
includes a 15% contingency factor.
4. Attached hereto as Exhibit "D" is a copy of the Impact Fee Ledger setting forth the
amount of Impact Fee Credits granted pursuant to this Agreement, which shall be adjusted to
conform to all approved change orders and actual mitigation costs. In the event that the actual
cost of designing, permitting and constructing the Project is less then the Final Certified Estimate
of Probable Costs, as modified by approved change orders, then Exhibit "D" shall be amended to
reflect these reduced costs. These road impact fee credits may be assigned or otherwise
transferred from the Development to another development by written agreement executed by the
County, provided that both developments are owned by Developer and are within the same
impact fee district. No such assignment or transfer of impact fee credits shall be allowed until
the Development has been completed, and such assignment or transfer must fully comply with
the Collier County Consolidated Impact Fee Ordinance. The credit for road impact fees
identified herein shall run with the Development land and shall be reduced by the entire amount
of each road impact fee due for each building permit issued thereon until the Development
project is either completed or the credits are exhausted or otherwise no longer available, or have
been assigned by operation of or pursuant to an assignment agreement with County. The
foregoing reduction in the impact fee credit shall be calculated based on the amount of the
impact fees in effect at the time the building permit is issued. It shall be the Developer's
obligation to notify the County that a credit is available, each time a building permit is applied
for in the Development.
5. The County shall grant to Developer a right-of-way permit over that portion of the
Project which is located within the County right-of-way to enable Developer to complete the
Project Improvements.
6. As described in Exhibit "E" (the "Dedicated Parcel"), approximately 4,000 square feet
of land to be utilized in the Project is located on lands owned by MHF which is not otherwise
reserved for County right-of-way. Within 60 days from written request by the County, but no
later then Developer's completion of the Project, Developer shall cause MHF to dedicate and
convey the Dedicated Parcel to the County, the fair market value of which parcel MHF and the
County agree to be $18,365.48, which was defined in the Livingston Village PUD as fair market
value at the time of adoption of the Livingston Village PUD. In exchange for such conveyance,
the County shall provide to the then-current owner of the Dedicated Parcel, at County's option,
the same sum in either cash or in road impact fee credits, or some combination thereof, in the
manner set forth by the then-current Collier County Consolidated Impact Fee Ordinance. This
conveyance is to be free and clear of all liens and encumbrances, and made by statutory warranty
deed, the form of which is attached hereto in Exhibit "F". The County will be responsible for
paying the costs of any title work and searches, and Developer shall be responsible at all costs
for promptly removing or curing any liens, encumbrances, or deficiencies revealed in any title
work. Upon receipt, the County shall record the deed in the Public Records of the County and
shall assume the costs associated with the recordation. With respect to this provision, time is of
the essence. It is acknowledged that Developer's failure to cause the prompt conveyance of the
Dedicated Parcel to County, as set forth herein shall result in actual damages to County. In that
actual damages are difficult to ascertain with substantial certainty, the parties agree that
Developer shall pay to County as liquidated damages the sum of $1,000 per day for each day
3
Agenda Item No. 1685
October 10, 2006
Page 22 of 28
past the above 60-day deadline that the warranty deed is not delivered to County. Such
liquidated damages will be paid in place of County's claims for actual damages, and may be used
as an offset to the Impact Fee Credits granted herein.
7. The parties agree to perform or cause to be performed any and all further acts as may
be reasonably necessary to complete the transactions contemplated herein, including, but not
limited to, the execution and/or recordation of further instruments. The parties will reasonably
cooperate with one another to coordinate and achieve the construction of the Project.
8. All notices, elections, requests, and other communications hereunder shall be in
writing and shall be deemed given: (a) when personally delivered to the recipient; (b) three (3)
business days after being deposited in the United States mail, postage prepaid, to the above-listed
address of the recipient; (c) the next business day after being deposited with a recognized
overnight mail or courier delivery service; or (d) when transmitted by facsimile or telecopy
transmission.
9. Nothing in this Agreement is intended to create a partnership or joint venture between
the parties and none of the parties to this Agreement shall be construed under this Agreement as
being partners or joint venturers for any purpose.
10. This Agreement is solely for the benefit of the parties to this Agreement and no right
or cause of action shall accrue by reason hereof to or for the benefit of any third party not a party
hereto. Nothing in this Agreement, expressed or implied, is intended or shall be construed to
confer upon or give any person or entity any right, remedy or claim under or by reason of this
Agreement or any provisions or conditions hereof, other than the parties hereto and their
respective representatives, heirs, successors and assigns.
11. If any provision of the Agreement, the deletion of which would not adversely affect
the receipt of any material benefits by any party to this Agreement or substantially increase the
burden of any party to this Agreement, shall be held to be invalid or unenforceable to any extent
by a court of competent jurisdiction, the same shall not affect in any respect whatsoever the
validity or enforceability of the remainder of this Agreement.
12. MHF shall have no liability whatsoever for any obligations hereunder. By execution
hereof, MHF, as the owner of the Property, joins in and consents to the terms of this Agreement.
13. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Except as
otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written
consent of the parties hereto or by their successors in interest. This Agreement contains the
entire agreement among the parties hereto, and supersedes any and all prior agreements,
arrangements, or understandings, whether oral or written and whether recorded or unrecorded,
between the parties hereto or their predecessors in interest, relating to the subject matter hereof.
14. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, or their successors or
4
Agenda Item No. 1685
October 10, 2006
Page 23 of 28
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said
permitting requirements, conditions, terms or restrictions.
15. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement. This Agreement shall not be construed or characterized as a development agreement
under the Florida Local Government Development Agreement Act.
16. Developer shall execute this Agreement prior to it being submitted for approval by
the Board of County Commissioners. With this submittal, Developer shall also deliver to the
County an attorney's letter attesting that Developer is an entity duly formed, validly existing and
authorized to conduct its business in Collier County; that this Agreement has been duly approved
by Developer; and that the person signing on behalf of Developer has the legal and corporate
authority to do so. This Agreement shall be recorded by the County in the Official Records of
Collier County, Florida, within fourteen (14) days after the County enters into this Agreement.
Developer shall pay all costs of recording this Agreement. A copy of the recorded document
will be provided to the Developer upon request.
17. This Agreement shall be governed by and construed under the laws of the State of
Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement
through negotiation between authorized representatives. If these efforts are not successful, and
there remains a dispute under this Agreement, the parties shall first use the County's then current
Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either
party may then file an action in the Circuit Court of Collier County, which shall be the exclusive
venue with respect to any disputes arising out of this Agreement.
18. Any future reimbursement for excess credits shall come from future receipts by the
County of Road Impact Fees. However, no reimbursement shall be paid until such time as all
development, as defined by the Transportation Administrator, at the location that was subject to
the credit has been completed. Such reimbursement shall be made over a period of five (5) years
from the completion of the Development.
19. An annual review and audit of performance under this Agreement shall be performed
by the County to determine whether or not there has been demonstrated good faith compliance
with the terms of this Agreement and to report the credit applied toward payment of road impact
fees and the balance of available unused credit. If the Collier County Board of Commissioners
finds, on the basis of substantial competent evidence, that there has been a failure to comply with
the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the
County.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
5
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
6
Agenda Item No. 1685
October 10. 2006
Page 24 of 28
Agenda Item No. 16B5
October 10, 2006
Page 25 of 28
WITNESSES:
TOUSA HOMES, INC.,
a Florida corporation
By:
David A. Cobb, Division President
Print Name:
Print Name:
COUNTY OF
)
) ss.:
)
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this _ day of
, 2006 by David A. Cobb, as Division President of TOUSA Homes, Inc., a
Florida corporation, on behalf of the corporation. He is personally known to me or has
produced as identification.
NOTARY SEAL
Notary:
Print Name:
Notary Public, State of Florida
My commission expires:
7
Attest:
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
Managing Assistant County Attorney
Agenda Item No. 1685
October 10, 2006
Page 26 of 28
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
FRANK HALAS, Chairman
8
Agenda Item No. 1685
October 10, 2006
Page 27 of 28
JOINDER AND CONSENT
The undersigned hereby joins in and consents to the Road Extension Agreement to which
this Joinder and Consent is attached.
WITNESSES:
GMAC MODEL HOME FINANCE, LLC,
a Delaware limited liability company
Print Name:
By:
Print Name:
Title:
Print Name:
COUNTY OF
)
) ss.:
)
STATE OF
The foregoing instrument was acknowledged before me this _ day of
2006 by , as of GMAC
Model Home Finance, LLC, a Delaware limited liability company, on behalf of the company.
He/she is personally known to me or has produced
as identification.
NOTARY SEAL
Notary:
Print Name:
Notary Public, State of
My commission expires:
9
LIST OF EXHIBITS ATTACHED TO AGREEMENT
(TO BE FINALIZED AT FINAL DRAFT)
Exhibit "A" Locus map
Exhibit "BI-B3" Plans and Specifications
Exhibit "c" Final Certified Estimate
Exhibit "D" Impact Fee Ledger
Exhibit "E" Dedicated Parcel
Exhibit "F" Warranty Deed Example
10
Agenda Item No. 1685
October 10, 2006
Page 28 of 28
Agenda Item No. 1686
October 10, 2006
Page 1 of 7
....-',
EXECUTIVE SUMMARY
Recommendation that the Board accept a donation from The Halstatt Partnership
for the additional plantings along Golden Gate Parkway up to the amount of
$101,821.89.
OBJECTIVE: A recommendation that the Board accept a donation from The Halstatt
Partnership for the additional plantings along Golden Gate Parkway. The donation is
estimated to be $101,821.89.
CONSIDERATION: The Halstatt Partnership donation is intended for the additional
landscape improvements on Golden Gate Parkway adjacent to Grey Oaks. The donation
is for the purchase and installation of larger trees, palms, and irrigation components
consistent with the Landscape Beautification Master Plan. This enhancement will not
create an additional maintenance cost to the County. A budget amendment is needed to
recognize the funds.
The donation is subject to the following conditions: the larger trees and palms will be
placed in the buffer adjacent to Grey Oaks; the County will provide the maintenance
consistent with the Landscape Master Plan.
,-
In the future, the Halstatt Partnership would like to donate to Collier County the parcel
located at the northeast comer of Airport Road and Golden Gate Parkway. The Halstatt
Partnership is working on the easement and this item if acceptable to staff, will be
brought to the Board at a later date.
FISCAL IMPACT: Funds up to $101,821.89 will be deposited into the designated
project. A budget amendment is needed to recognize these funds and appropriate them
on the expense side of the Golden Gate Overpass Landscape project budget (Fund 313,
Project Number 600066) in the amount of $95,311.27 and on the expense side of the
Golden Gate road construction project budget (Fund 313, Project 600061) in the amount
of$6,510.62 for the irrigation costs.
GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier
County Growth Management Plan.
RECOMMENDATION: That the Board accepts a donation from Halstatt Partnership
for landscaping on Golden Gate Parkway in the amount of $10 1 ,821.89, approve related
change orders to the Golden Gate Overpass landscape and road construction project
contracts that will result from this donation, and approve the necessary budget
amendments. The donated amount will add over 10% to the contract, which would
require Board approval.
,-
Prepared By: Pamela J. Lulich, RLA, Landscape Operations Manager, ATM
Attachments: (1) Donation letter; (2) Resolution; (3) Estimate of Costs for Donation
Agenda Item No, 1666
October 10, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B6
Recommendation that the Board accept a donation from The Halstalt Partnership for Ihe
additional plantings along Golden Gate Parkway up to the amount of $101 ,821.89,
10/10120069:0000 AM
Meeting Date:
Prepared By
Pamela J. Lulich Project Manager Date
Transportation Services Alternative Transportation Modes 9/25/2006 11 :08:08 AM
App roved By
Pamela J. Lulich Project Manager Date
Transportation Services Alternative Transportation Modes 9/2512006 11 :09 AM
Approved By
Scott R. Teach Assistant County Attorney Date
County Attorney County Attorney Office 9/25/2006 4:28 PM
Approved By
Norm E. Feder, AICP Transportation Division Adminis.trator Date
Transportation Services Transportation Services Admin. 9/26/200610:19 AM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 9/26/20062:13 PM
Approved By
Diane B. Flagg Director A TM Director Date
Transportation Services Alternative Transportation Modes 9/26/2006 4:01 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportation Services Transportation Services Admin 9/26/20065:14 PM
Approved By
Bob Petersen Project Manager Date
Transportation Services Alternative Transportation Modes 9/27/2006 8:18 AM
Approved By
Rhonda Rembert Contract Specialist Date
Administrative Services Purchasing 9/27/2006 1 :39 PM
Approved By
Gloria Herrera Management/Budget Analyst Date
Transportation Services Storm water Management 9/27/20062:28 PM
Approved By
Pat Lehnhard Executive Secretary Date
Transportation Services Transportation Services Admin 9/27/20063:23 PM
Approved By
OMS Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 9/28/2006 8:27 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 10/2/2006 11 :37 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 10/2/2006 2:40 PM
Approved By
James V, Mudd County Manager Date
Board of County
Commissioners County Manager's Office 10/212006 7:22 PM
Agenda Item No, 1686
October 10, 2006
Page 3 of 7
September 21,2006
Collier County Transportation
Attn: Pam Lulich
2885 Horseshoe Drive S.
Naples, Florida 34104
Re: Halstatt Contribution
Dear Ms. Lulich:
The Halstatt Partnership would like to proceed with the additional plantings along Golden
Gate Parkway: We acknowledge that the cost of the additional landscaping is
$101,821.89 will be the responsibility of the Halstatt Partnership.
We would also like to continue with the easement Halstatt is granting to Collier County
on the parcel located at the northeast corner of Airport Road and Golden Gate Parkway.
The intent of the easement is for landscape buffering only. We should have the easement
complete by October 1,2006.
Please let me know if there is anything else we need to provide to you.
Sincerely,
_~ AV~
",.--.---
Thomas W. Sansbury
The Halstatt Partnership
Cc: Lee Treadwell
Kelly Guarascio
Jim Pirece
2400 Grey Oaks Drive North. Naples, FL 34105 . 941,262.5550 . Fax: 941.262.3593
Agenda Item No. 1686
October 10, 2006
Page 4 of 7
RESOLUTION NO. 2005-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY DECLARING A PUBLIC PURPOSE FOR THE
RECEIPT OF A DONATION FROM THE HALSTATT PARTNERHSIP
FOR ADDITIONAL PLANTINGS ALONG GOLDEN GATE PARKWAY
UP TO THE AMOUNT OF $101,821.89.
WHEREAS, the Halstatt Partnership wishes to donate funds to the County up to the
amount of $101,821.89 to provide for additional landscape improvements on Golden Gate
Parkway adjacent to Grey Oaks to purchase and install larger trees, palms, and irrigation
components consistent with the Landscape Beautification Master Plan; and
Whereas, the additional plantings resulting from the donated funds will not result in
additional maintenance cost to the County; and
Whereas, acceptance of this donation will increase the contract amount for this
landscaping project by over 10%, thus requiring the Board's approval; and
WHEREAS, the Board has previously approved and accepted donations for landscape
and beautification improvements throughout the County.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board hereby declares that
there is a public purpose as to the receipt of a donation from the Halstatt Partnership for
landscaping on Golden Gate Parkway up to the estimated amount of$101,821.89 and authorizes
and approves related change orders that may occur because the donated amount increases the
landscape contract for this project by over 10%.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ th day of October, 2006,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DEPUTY CLERK
By:
Frank Halas, CHAIRMAN
Approved as to form and legal sufficiency:
Scott R. Teach,
Assistant County Attorney
<OCDf'-
coo.....
<000
.,-NL{)
cio(1)
Z"- Cl
L..CO
E(1)o...
(1)..0
_0
~u
-00
c:
(1)
Cl
<(
o
o
+
o
CO
~
;:)
~
J:
I-
o
o
+
f'-
M
-~
CO .
ClOc(
ClOI-
~en
~W
en~
en...!
c(~en
Il. I-
~ Z
WJ:W
>I-::!E
O~W
OOU
WZZ
I->-c(
~c(J:
c(3:ffi
Il.~~
w~w
enc(u.
WIl.u.
Ow::::l
~~al
C)C)
Z
W
o
...!
o
C)
-
t/l
o
()
iii
-
o
I-
-
Ul
o
U
~
C
::::l
~
C
;:)
-
Ul-
wa
o
o
+
o
CO
~
;:)
~
J:
I-
o
o
+
r--
M
~
<i.
I-
en
::!E~
Ow
~::!E
u.w
Wen
~c(
...Jw
~~
o::u.
en J:C)
Z I-Z
c( CO::O
...J 00 ...J en
Il. .- Z c( ...J
?fl. :>-en~
o '-c(1-0::
o ~3:Zw
..- Cl)~WI-
en Oo::::!Ec(
I- -c(W::!E
en Ell.uw
o Cl)wzl-
U =I-c((i.j
u. "Oc(J:
OcoaiC)ffi~
z9-z~...J
Q~gww~
Z .- 0 u. I-
Cl)-...Ju.
ii:n;~O::::len
Ooenc)al~
r--Of'-
NqN
r-.:Of'-
L{)OO('f)
00.,-
CO" -:i 6
.,-
~~~
('f)0
('f) 0 C
M .,f 0
('f):;:;
CJ
Cl)
en
III
-
o
-
~~.g
,^ "0 en
6>>=-
co :)
CO()
Q) 0
.,-N
<X) .,-
..-
en
Cl
co
.0
u::
:)
U
N
.r:
a.
(1)
"0
~
-0
(1)
:;:>
Q)
(/) (1)
_(1)
-0':'
c: ..:.;:
~ co
coo
~ ~
a.:.:J
.?:-L..
co (1)
U Cl..
:)
UJ .0
<( en
(1) >.
"0 U
~ 1
(9.....
-..:.;:
:r: U
() co
....J.o
::> .0
~(/)
....:
N
00000
qqqqq
O-.;t'N <X) 0
L{)O L{)CO 0
L{)('f)0>('f)0.
..- 0 f'-" -.;t' ..-
-.;t'..- N
~~~~~
00000
qqqqq
L{)NNNO
CO-r-~or-~
M,"-~-e-~
~~~~~
. . . . .
co co co co co
UJUJUJUJUJ
ON..-O>O
('f)0>r--('f)L{)
..-
c:
(1)
E
'(3
(1)
Cl..
en
.....:
co
U
N
--
..-
L{)
I
i:n
..!!!
::J
"0
Cl)
J:
CJ
Ul
...:
Cl..
en
N
..-
I
o
..-
~
o
N
I
ro:E:E~:E
iii5t5t5t5
Cloi:nCo~
0..- ..-N
~.8gg.9
..Q3Q)Q)(D
~ E E E E
.~ ro ro ro ro
,~ 0... 0... 0... 0...
e' ro co co co
,- .0 .0 .0 .0
~ co co co co
:)(/)(/)(/)(/)
eEEEE
~rorororo
00...0...0...0...
~ (1) (1) (1) (1)
CO ClClClCl
02222
(1).0.0.0.0
> co co co co
::J()()()()
en
...J Ul
~ g:
~ ...
wI-
1--
c( Ul
::!E.E
I- III
zll.
c(
...J
Il.
..-N('f)-.;t'L{)
or--
qN
"<t..-
f'- ..-
('f)
L{)LO
000>
~~
= =
C"O
o C
:;:; III
CJ
Cl) C
rJ) 0
.:9~
o Cl)
:0 en
:)-
en.:9
o
-
.0
::J
en
<.0 CD r-
000_
c"'- 0
o
~ Q)
Z"- 0)
.....ro
EQ)o..
Q)..Q
.....0
-;;;t5
-00
c:
Q)
0)
<{
-
III
o
(.)
c;
-
o
I-
-
III
o
()
:!::
c:
:::I
:!::
c:
:::I
5
.,-
LU
C9
<c
0..
o
o
+
o
c.o
-.:r
:::I
0::
J:
I-
o
o
+
.....
M
-.:r
<i.
I-
en
:!:~
Ow
o:::!:
u.w
Wen
~<(
-IW
~~
J:G
I-Z
c:O::O
00-1
..Z<(
"5 ~ ~ en
I113:Z-I
Q)~W<(
Co:::!:i:2
-<(WW
Eo..()1-
Q)wZ<(
:!:I-<(:!:
3;!<(J:z
alGffio
zo::i=
c:ww<(
OCu.G
~5!5i:2
~Galg:;
N
N
o
.,-
r-
..-
N
o
tI7
u:
.J
N
00
cry
cry
... Q)
.92=
J!! ~
:J c:
ar .Q
~:ffi
... 0
:J (fJ
(fJ .-
(fJ (fJ
Q) Q)
... ,-
0-Q5
J::C/)
::::c.o
~o
Q)N
2= Q)
co::::
>J::
-oS;
'0 -0
a5 CD
cO:::
C/)~
,g ro
t5 >
c:
rJj ..!!:!,Q
~ LUro
0. ::lc
... (fJ ~ .!a
~~lIlgj
~ ~ gj 'C
.~ ~.~ ~
CDCDC/)tO
>c:oo
(ii"'NN
..::.EN~
O~LOJ::
>~NS;
~~.,--o
~ _ CD
(ii ,Q LO c:::
ro x'
en > I i:n
C:t5~C"!
-g<cS'l';
ro . 0
>.~NCD
_ N-o
~~ e-5
~ 'tl: ~.~
(fJ
c
.Q
ro
()
0.;::
'0
CD
0-
(fJ
-0
C
ro
..!Q
ro
Q)
-0
00
"!
Ol
to
q
.,-
N
(j)
LO
"<:t
N
"<:t'
o
LO
"<:t
00
"<:t
yj.
to
~
to
LO
cry
tI7
"<:t
'd:
N
to
tI7
LO
to
.,-
tI7
tI7
tI7
ro
LU
ro
LU
ro
LU
cry
00
to
o
cry
:5 0)
.~ .~
ro
>. (fJ
-0 C
o CD
..Q 0- CD
-0 Ec:
ro 0=
~ ()x
... en CD CD
OCDS<+=
"0 N (fJ 0
E '00 gj :;;
CD CD 5.2
en~:5~
~ g .~ ~ ~
:J oc:l ... 0 ~
E(fJ2uE
x O-c ~g>CD, ~
,g1'Q5-o:;:JJ::.,-.,-
CD 0-::: ro iE: ~ CD .,.!..
> &~Q5-o O)..Q CD
(ii J:: "'0 ,!a ~ .~ ~ ..Q
> 0)_'" N
CD .- CD ro '00 ~ (ii
.~ I ~ N ..Q CD ... ~
wN-Nc:O-~
o .,- 0- g o. '0.. -E ~
~ gj ~ ~ ~ (; '~ ~ ~
,2, 'CD-'" $ 5. <;:: c: (fJ -:::: -00
CD '0 ro 0 ~
roC/)c::: (fJCD-....... c:u
c: 0 (fJ a. a. ..... 'C ...
:E"<:t c:: CD (fJ 0 CD g..Q
:=: cry ro '~ (fJ :: 32 .......0 8
~ 0 0. C/) ro $ 'E ...
2(;"'oCDCDa.~CD
'c: I- ~ r- N 0::: (fJ 0 ro
:J '-oLO~ I E~~
c~2e:~e~CD
2 N ~ ~ ..!!:! '0.. ';, -E ~
ro .,- ,- ...Q" C 'C CD
C ' -0 0::: ..Q '-' .- a. ...
:c ~ ,~ C/) :J > .9- (fJ CD
E"<:t (fJ 1.00..0.. E.o
Ocryro~CDO .00
Uo.. gjr- ~~ gj-=~
ro X ~ LO :;; (fJ ,!:::! g> ,9-
en e 0 e 0 ~ ~ '0..'::-
E~c~.g<3.Ea:<(
N
cry
"<:t
LO
G
~
()
i:2
0..
C
<(
W
J:
~
W
C
:::I
-I
()
Z
-
N
~
o
..-
LO
to
tI7
c:
o
..
u
Q)
en
III
-
o
-
~
::::I
en
<0<01'-
OJO,+-
<000
...-NI'-
ciow
Z"'- OJ
EaJ&
Q.).D
.....0
-;;1:5
-00
c
Q.)
:f
~
N
W
c.9
<(
c..
Agenda Item No. 16C1
October 10, 2006
Page 1 of 3
..-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, as Ex-
Officio the Governing Board of the Collier County Water-Sewer
District, declare the Rating Agency Presentations a valid and proper
public purpose and approve the expenditure for an on-site luncheon
presentation meeting in a sum not to exceed $700.00.
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board
of the Collier County Water-Sewer District, ("Board") declare the Rating Agency Presentations
to issue approximately $100 million in Revenue Bonds a valid and proper Public Purpose as
adopted by the Board in Ordinance No. 87-5; and approve the expenditure for an on-site
presentation luncheon meeting in a sum not to exceed $700.00.
CONSIDERATIONS: On June 6, 2006, the Board approved 2005 Water and
Wastewater Master Plans (BCC agenda item # lOB). On the same day, the Board also
approved the rate and impact fee studies (BCC agenda items 8A and 8B respectively).
,-
The rate and impact fee studies contemplated issuance of revenue bonds to fund a portion
of the water and wastewater capital projects. In addition the proceeds of the revenue
bonds will also be used to refinance and refund an existing commercial paper loan for
$38 million.
An integral and necessary part of the revenue bonds issue process is to obtain a favorable
credit rating from bond rating agencies. Credit ratings are an important component of
bond markets that help the market to effectively and efficiently evaluate and assess credit
risk, price bonds, and benchmark bond issuances as well as creating a robust secondary
market for the bonds. A credit rating represents an independent third-party opinion as of a
specific date on the credit worthiness of an agency in general, or with respect to a
particular bond issue. A credit rating represents an assessment of the County's capacity to
meet its financial commitment over a long-term or short-tenn time horizon. Credit ratings
embody assessments of future potential performance, and are based principally on public
information about an issuer and include additional information that may be provided by
the issuer, as well as other economic, financial, and industry information that rating
analysis deemed to be relevant and reliable.
--
It is contemplated to have three rating agencies visit Collier County; Standard and Poor's
(S&P), Moody's, and Finch. Meetings with management are typically part of the credit
rating process. The purpose of such meetings is to review the County's key operating
and financial plans, management policies, and other credit factors that may have an
impact on the credit rating issued. Each rating agency will be here for a full day on three
consecutive days, expected to be October 25, 26, and 27, 2006. One of the options
considered was to have several short meetings between the rating agency representatives
and the County and elected official staff.
Agenda Item No. 16C 1
October 10, 2006
Page 2 of 3
However, to maXImIze the availability of time and enhance overall conduct of the
presentation, it is cost efficient and effective to have a luncheon meeting to conduct
portion of these presentations.
It is estimated that the cost of boxed lunches will not exceed $700.00 for all three rating
agencies, and participating County staff and elected officials.
The Executive Summary has been reviewed by the County Attorney's office for legal
sufficiency and reviewed by the Purchasing Department.
FISCAL IMPACT: A total not to exceed $700.00 will be paid from water-sewer
operating fund 408.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will
have no impact on Growth Management.
RECOMMENDA TION: Staff recommends that the Board of County Commissioners,
acting Ex-Officio as the Governing Board of the Collier County Water-Sewer District,
declare the Rating Agency Presentation a valid and proper Public Purpose and approve the
expenditure for an on-site luncheon presentations in a sum not to exceed $700.00.
Prepared by: Barbara Olko, Administrative Assistant, Public Utilities
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C1
Agenda Item No, 16C1
October 10, 2006
Page 3 of3
Recommendation that the Board of County Commissioners, as Ex-Officio the Governing
Board of the Collier County Water-Sewer District, declare the Rating Agency Presentations a
valid and proper publiC purpose and approve the expenditure for an on-site lunCheon
presentallon meeting in a sum not to exceed $700,00
10/10/20069:00:00 AM
Date
Approved By
Thomas Wides
Public Utilities
Operations Director
Public Utilities Operations
912212006 2:07 PM
Date
Approved By
James W. Delany
Public Utilities
Public Utilities Administrator
Public Utilities Administration
9/25/2006 2:28 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/25/2006 2:48 PM
Date
Approved By
Lyn Wood
Administrati\l'e Services
Purchasing Agent
Purchasing
9125120064:03 PM
Date
Approved By
Thomas Palmer
County Attorney
Assistant County Attorney
County Attorney Office
9125120065:12 PM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
9/26/20062:17 PM
Date
Approved By
Randy Greenwald
County Manager's Office
Management/Budget Analyst
Office of Management & Budget
9126/2006 2:41 PM
Date
Approved By
M iehael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
9/28/2006 1 :07 PM
Date
App roved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9128120066:34 PM
Agenda Item No. 16C2
October 10, 2006
Page 1 of12
.-
EXECUTIVE SUMMARY
Recommendation to approve Work Order ICTSCADA-3916-MAC-06-04 in the amount of
$98,513 to McKim & Creed, P.A. under Annual Contract 06-3916 for the South County
Water Reclamation Facility SCADA Improvements, Project 73964.
OBJECTIVE: The public purpose of this work order is to expand the current Supervisory
Control And Data Acquisition ("SCADA") System at the South County Water Reclamation
Facility through implementation of a new Historian Server. This implementation will allow
operations staff to efficiently and effectively manage the quality wastewater treatment at this
facility, by utilizing advanced historical data collection, analysis, storage, and reporting.
CONSIDERATIONS: On January 24, 2006, Agenda Item 10 D was approved by the Board of
County Commissioners, awarding Contract 06-3916 Annual Contract for Instrumentation,
Control, Telemetry and SCADA Integration Services. McKim & Creed is approved under this
competitively-procured fixed-term annual contract.
,-
Project 73964, "Wastewater SCADA Systems Network Improvements," is included in the 2005
Wastewater Master Plan Update adopted by the BCC on June 6, 2006, Agenda Item 10 B.
Included in the strategic planning for improvements under Project 73964 are advancements to
the SCADA System at the South County Water Reclamation Facility.
Subsequent to the need for SCADA improvements at the South County Water Reclamation
Facility, staff requested the attached proposal from McKim & Creed. Per this proposal, the
scope of work offered by McKim & Creed is to provide, install, program and configure an
historian server package for data collection, storage, retrieval and analysis; and to generate
required reports of operational parameters as required.
Substantiated by the technical background and experience of the McKim & Creed delivery team,
plus their knowledge and familiarity with this facility and its operations and systems controls,
staff recommends McKim & Creed as best qualified to deliver this scope of work.
Staff has reviewed the proposal for $98,513 for these services, finds them fair and reasonable,
and recommends approval of this Work Order.
Per the terms of Contract 06-3916, work orders with a value exceeding $50,000 require BCC
approval.
FISCAL IMPACT: Funds in the amount of$98,513 are available in Project 73964 Wastewater
SCADA Systems Network Improvements. The source of funds is Sewer User Fees, Fund 414.
This project is contained in the 2007 Fiscal Year Capital Improvement Budget approved by The
Board of County Commissioners on September 21, 2006.
,-
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals,
objectives, and policies of the Collier County Growth Management Plan. This project meets
Executive Summary
Approve Work Order for McKim & Creed - SCWRF SCADA Historian
Page 2
Agenda Item No. 16C2
October 10, 2006
Page 2 of 12
current Growth Management Plan standards to ensure the adequacy and availability of viable
public facilities.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District approve Work Order ICTSCADA-
3916-MAC-06-04 in the amount of$98,513 to McKim & Creed, P.A., and authorizes the County
Manager or his designee to execute the necessary Work Order.
PREPARED BY:
Dennis McGee, P.E., InstrumentationlSCADA Manager
Public Utilities Engineering Department.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16C2
October 10, 2006
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C2
Recommendation to approve Work Order ICTSCADA-3916-MAC-06-04 in the amount of
$98513 to McKim & Creed, p, A. under Annual Contract 06-3916 for the South County
Water Reelamalion Facility SCADA Improvements, Project 73964
10/10/200690000 AM
Date
Prepared By
Dennis McGee
Public Utilities
Project Manager
Public Utilities Engineering
9/2212006 B:34:09 AM
Date
Approved By
Karen B. Guliani, P .E.
Public Utilities
Senior Project Manager
Public Utilities Engineering
9/22/200610:10 AM
Date
Approved By
Lyn Wood
Administrative Services
Purchasing Agent
Purchasing
9/22/200610:36 AM
Date
Approved By
G. George Yilmaz
Public Utilities
WasteWater Director
WasteWater
9/2212006 10:51 AM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
9/22/2006 11 :06 AM
Date
Approved By
Roy B. Anderson, P.E.
Public Utilities
Public Utilities Engineering Director
Public Utilities Engineering
9/22/200611:57 AM
Date
Approved By
Dale R. Waller
Public Utilities
Treatment Plant Superintendent
WasteWater
9/22/2006 1 :47 PM
Date
Approved By
TIlomas Wides
Public Utilities
Operations Director
Public Utilibes Operations
9/24/20065:54 PM
Date
Approved By
James W. DeLony
Public Utilities
Public Utilities Administrator
Public Utilities Administration
9/25/2006 2:28 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/2512006 2:47 PM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
1013/2006 9:54 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
1013/20062:38 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/3/20065:42 PM
Agenda Item No. 16C2
October 10, 2006
Page 4 of 12
WORK ORDER # ICTSCADA-3916-MAC-06-04
"INSTRUMENTATION, CONTROLS, TELEMETRY AND SCADA INTEGRATION
CONTRACTING SERVICES"
Contract #06-3916, Dated 2/01/06
This Work Order is for Instrumentation, Controls, Telemetry and SCADA Integration Services,
subject to the terms and conditions of the Contract referenced above, for work known as:
Project: Software and hardware Purchase, Installation and Configuration of Intellution
iHistorian (5,000 Tag, Latest Compatible Version 3.1) for Generation of DEP
Required Reports, Manager Reports and Daily, Monthly and Annual Analog
Status Reporting for the South Collier Water Reclamation Facility (SCWRF).
The work is specified in the PROPOSAL dated June 28, 2006 which is attached hereto and
made part of this Work Order, In accordance with terms and conditions of the Agreement
referenced above, Work Order # ICTSCADA-3916-MAC-06-04 is assigned to McKim & Creed,
PA., M&C # 27930004.5
Scope of Work:
Task 1.0 - Existing and Required DEP Reports Evaluation
Task 2.0 - Existing and Proposed Operations Reports Evaluation
Task 3.0 - Daily, Monthly and Annual Reports Design
Task 4.0 - Database and Reports Implementation
Task 5.0 - Training
Task 6.0 - Contingency Allowance (T&E - On Demand Services)
Schedule of Work: Complete within 120 Calendar days from Notice to Proceed.
Compensation:
In accordance with Item 2 of the Agreement, the County will compensate the Firm in
accordance with the negotiated lump sum amount as indicated in the schedule below (if a task
is time and material, 50 indicate and use the established hourly rate(s) as enumerated in
Schedule "H" of the Agreement).
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6 (T&M)
Systems Integration Sub-Total
$ 8,771.00
$ 4,514.00
$ 6,771.00
$ 14,840.00
$ 23,699.00
$ 5.000.00
$ 63,595.00
The required software is summarized as follows:
iHistorian 5,000 Tag
Option - Alarm & Events - 5K Tag
Option - Collector Redundancy - 5K Tag
Software Sub-Total
$ 16,800.00
$ 3,360.00
$ 3.360.00
$ 23,285.00
Agenda Item No. 16C2
October 10, 2006
Page 5 of 12
Hardware
iHistorian Server
Monitor
Hardware Sub-Total
$ 10,558.00
$ 1,075.00
$ 11,633.00
Total, Including Systems Integration, Software and Hardware
$ 98,513.00
Any change made subsequent to final department approval will be considered an additional
service and charged according to an executed Change Order as enumerated in Exhibit 0 of the
Agreement.
PREPARED BY:
Dennis McGee, Instrumentation/SCADA Manager Date
REVIEWED BY:
Stephen Y. Carnell, Purchasing Director
Date
AUTHORIZED BY:
George Yilmaz, PhD, PE, Wastewater Director Date
APROVED BY:
Roy B. Anderson, Utilities Engineering Director Date
Approved as to Form and Legal Sufficiency
------AsSista~County~ttorney--------
Date
:;J;;:ses (2)
, o:R~~}~A ~ '
tl (1.L~.w ,ni..)!.
ACCEPTED BY: ~
Date: q / ~ ~a:; C;
,
--
By: ~~&14<bV
B ron Conner
McKim & Creed, PA.
Fund: 414
CC: 263614
Object Code: 634999
Project Number: 73964
Agenda Item No, 16C2
October 10, 2006
Page 6 of 12
.. .
~MCKIM:&CRIHD E. O.
ENGINEERS
September 5,2006
SURVEYORS
'06 SEP -7 p", 12: 36
, M&C 2793-0008-Ammended A ~J N E R S
Mr. Dennis McGee
Senior Project Manager
Collier County Engineering
3301 East Tamiami Trail
Naples, FL 34112
RE: Proposal for software and hardware Purchase, Installation and Configuration of
Intellution iHistorian (5,000 Tag. Latest Compatible Version 3.1) for Generation of
DEP Required Reports, Manager Reports and Daily, Monthly and Annual Analog
Status Reporting for the South Central Water Reclamation Facility.
Dear Dennis:
McKim & Creed, PA appreciates the opportunity to provide the iHistorian Configuration/Report
Generation services to Collier County for the required database operations and reports. We have
visited the site and extracted the necessary background information and have reviewed the
reporting requirements with the Plant Supervisor.
McKim & Creed is pleased to present this proposal to provide iHistorian Configuration/Report
Generation services for the South Central Water Reclamation Plant system. The scope of work is
outlined in the following paragraphs:
Services will be provided in the following Tasks:
Task 1.0 - Existing and Required DEP Reports Evaluation
Task 2.0 - Existing and Proposed Operations Reports Evaluation
Task 3,0 - Daily, Monthly and Annual Reports Design
Task 4,0 - Database and Reports Implementation
Task 5.0 - Training
Task 6.0 - Contingency Allowance (T&E - On Demand Services)
SCOPE OF WORK
TASK 1.0
1365 Hamlet Avenue
Existing and Required DEP Reports evaluation
Clearwater, FL 31t'56
Project Initiation Meeting
727442,7196
Conduct a project initiation meeting with the COUNTY to review the scope of
work required to complete this project and to outline the schedule for the work.
This meeting will also address the general outline and content of each report.
Fax 727 461 3827
www.mckimcreed ccm
September 5, 2006
Page 2
Agenda Item No. 16C2
October 10, 2006
Page 7 of 12
B.
Review the existing DEP Reports
The ENGINEER and the County Stakeholders will perform an evaluation of each
report, based on Collier County requirements for outline and content and generate
draft reports as required for County review and mark-up.
C. Configure the Database for logical operations and intuitive drill-down queries.
The ENGINEER will coordinate configuration of the database with the COUNTY
to determine required formats and query descriptions.
D. Design each report based on COUNTY input and DEP requirements
Based on existing formats and report requirements, McKim and Creed will present
two possible report generators for COUNTY review and selection. The ENGINEER
will coordinate the design of each report with COUNTY Stakeholders and provide
a submittal for review and approval.
E. Hardware Procurement, Installation and Configuration
Provide a new Dell Server, Sony KL V -S23A 10 Flat-screen Monitor, services to
install and configure the seI vel operating system :.oftWi11C fat utilialtiull C1S tht:
iHistorian data repository.
F. Software Installation/Configuration
Provide the 5,000 tag license, related software with licensees), services to install
and configure the iHistorian software. This is to include all services to configure
the core iHistorian software and import any tags from the customers existing
installation of InteIlution iFIX to generate required DEP reports needed to fulfill
the scope of work.
TASK 2.0 Existing and Proposed Operations Reports Evaluation
A. Review the existing Management Reports
The ENGINEER and the County Stakeholders will perform an evaluation of each
report, based on Collier County requirements for outline and content and generate
draft reports as required for County review and mark-up.
B. Design the Database for logical operations and intuitive drill-down queries.
The ENGINEER will coordinate configuration of the database with the COUNTY
to determine required formats and query descriptions.
~MCKllv[&CREED
Agenda Item No. 16C2
October 10, 2006
September 5, 2006 Page 8 of 12
Page 3
C. Design each report based on COUNTY input and requirements
The ENGINEER will coordinate the design of each report with COUNTY
Stakeholders and provide a submittal for review and approval.
D. Software Installation/Configuration
Provide services to configure the iHistorian software. This is to include all
services to configure the core iHistorian software and import any tags from the
customers existing installation of Intellution iFIX to generate required
Management reports needed to fulfill the scope of work.
Task 3.0 Provide Daily, Monthly and Annual Reports Design
A. Design each report based on COUNTY input and requirements
Based on Collier County requirements for outline and content and generate draft
reports as required for County review and mark-up.
B. Software Installation/Configuration
Provide services to configure the iHistorian software. This is to include all
services to configure the core iHistorian software and import tags from the
customers existing installation of Intellution iFIX to generate required reports
needed to fulfill the scope of work.
C. Generate up to 12 reports of ALL available analog data contained and processed
throughout every pertinent PLC. Services to reprogram or interconnect cabling
to the individual PLCs are not included in this proposal, but are available as a
separate offering.
Task 4.0 - Database and Reports Implementation
A. Integrate and place into operation the database and reporting.
Incorporate the iHistorian Server-to-server configuration and configure the
Reporter Option (as selected by the COUNTY). The County currently has
iGlobal Care.
Task 5.0 - Training
A. Provide one week of database training for Collier County Operations.
.
~Mc:KIM&CREED
Sept~rnber 5, 2006
Page 4
Agenda Item No. 16C2
October 10, 2006
Page 9 of 12
Coordinate training schedule with COUNTY Stakeholders and provide database
training to assigned personnel.
B. Provide two weeks of Report Generation training for SCWRF Operations
personnel.
Coordinate training schedule with COUNTY Stakeholders and provide detailed
report generation/configuration training to assigned personnel.
B. Provide two weeks of advanced training for SCWRF Operations.
Coordinate training schedule with COUNTY Stakeholders and provide
advanced database/report generation training to assigned personnel.
Task 6.0 - As-Needed Contingency Allowance
A. Provide two weeks of Engineering time allowance for unforeseen additional
services or equipment purchase related to interplant communications interface or
additional services as required by the COUNTY.
Coordinate any utilization of this contingency with COUNTY Stakeholders and
provide written justification for each item required.
COUNTY RESPONSIBILITIES
· Provide assistance and access to the site as required
· Provide existing reports and database information/files.
· Meet and Coordinate with the ENGINEER on required reports and desired database
manipula tions/queries.
PROJECT TEAM
Byron Conner
Raymond Rocha
Dan Cote, PE
Mike Tweedel, PE
Eric Brown
Gerhard Greeve
Nicole Morris
Jeane Potter
Sr. Project Manager
Sr. Project Engineer
Sr. Instrumentation and Controls Engineer
Sr. Instrumentation and Controls Engineer
Programmer
Programmer
Instrumentation and Controls Design Engineer
Administrative Assistant
PROTECT SCHEDULE
Task 1.0 - Completion within 28 days from Notice to Proceed
Task 2 .0 - Completion within 28 days from Notice to Proceed
,.
~Mc:KIM&CREED
September 5, 2006
Page 5
Agenda Item No. 16C2
October 10, 2006
Page 10 of 12
Task 3.0 - Completion within 20 days (Subsequent to Task 1 & 2)
Task 4.0 - Completion within 60 Days (Subsequent to Software Procurement)
Task 5.0 - Completion within 120 days from Notice to Proceed
Task 6.0 - Completion prior to close-out
ENGINEER'S COMPENSA nON
For the above-described SCOPE OF SERVICES, the COUNTY will compensate the ENGINEER
on a Lump-Sum basis for each Task as proposed. Our fees include 376 hours of labor, 210 hours
training and are summarized as follows:
Task 1 $ 8,771.00
Task 2 $ 4,514.00
Task 3 $ 6,771.00
Task 4 $ 14,840.00
Task 5 $ 23,699.00
Task 6 $ 5.000.00
Total $ 63,595.00
The required software is summarized as follows:
iHistorian 5,000 Tag
Option - Alarm & Events - 5K Tag
Option - Collector Redundancy - 5K Tag
$ 16,800.00
$ 3,360.00
$ 3,360.00
Software Total
$ 23,285.00
Hardware
iHistorian Server
Monitor
$ 10,558.00
$ 1.07500
Hardware Total
$ 11,633.00
Total w/5KTag/1Usr
$ 98,513.00
This proposal is quoted as a LUMP SUM project however the invoices shall include a brief
description of work performed during the billing period and the Task Item to which the invoice
assigns the applicable payment.
We appreciate the opportunity to provide this hardware, software, services and to work with
Collier County. Please let me know if you have any questions or require more information.
$ Mc:KIM&CREED
September 5,2006
Page 6
Agenda Item No. 16C2
October 10, 2006
Page 11 of 12
Sincerely,
McKim & Creed, P A
f~~~
Senior Project Manager
.
~Mc:KIM&CREED
NC,ON
()O"'-
C,OO,,-
...-NO
c:icl~
z".:::m
EClJOJ
ClJ..Cl co
_00...
~t5
-00
c
ClJ
OJ
<(
.qo
<0
0')
('I')
.....
o
z
"~
0)
<:>
<:>
.'.. N
lS
i
-
o
Q)
"-
o
~
a.
C",
,
..:
ctI
-
c.
ctI
U
IX)
o
>-
....
I ,'" t-
'." <:>
'.',., ~
I'~
,
t:
o
~
"'C
"'C
<(
t:
ctI
~
o
-
t/)
J:
<(
o
<(
u
en
LL.
a::
s:
u
en
-0
o
>-
....
,
10
::'~ ~
I,> .'
Q)
E
ctI
z
-
o
Q)
"-
o
~
a.
IX)
<:>
<:>
N
(l)
<:>
<:>
N
...
0""
",
M
...
o
N
...
o
--._.. ----
....
...
o
..,.
...
o
M
...
o
N
....
o
....
...
o
..,.
...
o
M
...
o
N
...
o
....
...
o
~
o
M
...
o
N
...
o
..
....
...
o
..,.
...
o
M
...
o
N
...
o
....
...
o
..
1fI
o
()
M
....
\l)
ai
0>
.,.
I-
Z
W
>
W
~lIS
c Cl
.... 0 .: c
c Ii:;::; E .S!
CIlcEEUl....
5.~;,IllEE
0..- .- ... CIl i;!
E>'CCl....CIl
o e 0 e ~~
UCl.UCl.UlI-I
M
......
\l)
ai
0>
.,.
III
....
o
...
...
U
CIl
....
o
...
Q.
Agenda Item No. 16C3
October 10, 2006
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve Work Order ICTSCADA-3916-MAC-06-05 in the amount of
$90,493 to McKim & Creed, P.A. under Annual Contract 06-3916 for Water Department
Distribution SCADA System Improvements, Project 70124.
OBJECTIVE: The public purpose of this work order is to expand the capabilities of the current
Water Distribution Supervisory Control And Data Acquisition ("SCADA") System, through
implementation of a new Terminal Server which enables remote diagnostics and laptop/field
tablet viewership of the Water Department Distribution System. This implementation will allow
Operations and Maintenance Staff to better maintain, diagnose and troubleshoot the distribution
control systems that serve as the critical backbone to providing drinking water to our customers.
CONSIDERATIONS: On January 24,2006, Agenda Item 10 D was approved by the Board of
County Commissioners, awarding Contract 06-3916 Annual Contract for Instrumentation,
Control, Telemetry and SCADA Integration Services. McKim & Creed is approved under this
competitively-procured fixed-term annual contract.
Project 70124, "Water System Telemetry & SCADA Improvements," is included in the 2005
Water Master Plan Update adopted by the BCC on June 6, 2006, Agenda Item lOB. Included in
the strategic planning for improvements under Project 70124 are advancements to the Water
Distribution Telemetry/SCADA System, the Tamiami Wellfield Telemetry, and the Water
SCADA System Wide Area Network (WAN) that extends the SCADA remotely to other
locations and facilities.
Subsequent to the need for advanced diagnostics and remote monitoring capabilities, the attached
proposal from McKim & Creed provides such services as requested by staff. Per this proposal,
the scope of work is to provide, install, program and configure a Terminal Server package. This
Terminal Server provision will allow for Water Department staff to utilize laptops, tablet
computers, and remote workstations to monitor system operations, and to diagnose the system
configurations and programming externally. Also included within the scope-of-work are
elements of staff training and consultation to refine control strategies and protocols for existing
systems.
Substantiated by the technical background and experience of the McKim & Creed delivery team,
plus their knowledge and familiarity with the systems comprising the Water Department
Distribution SCADA, the Tamiami Well field Telemetry and the Water SCADA WAN, staff
recommends McKim & Creed as best qualified to deliver this scope of work.
Staff has reviewed the proposal for $90,493 for these services, finds them fair and reasonable,
and recommends approval of this Work Order.
--
Per the terms of Contract 06-3916, work orders with a value exceeding $50,000 require BCC
approval
Executive Summary
Approve Work Order for McKim & Creed - Water Distribution SCADA Improvements
Page 2
Agenda Item No. 16C3
October 10, 2006
Page 2 of 10
FISCAL IMPACT: Funds in the amount of $90,493 are available in Project 70124 Water
System Telemetry & SCADA Improvements. The source of funds is Water User Fees, Fund
412. This project is contained in the 2007 Fiscal Year Capital Improvement Budget approved by
the Board of County Commissioners on September 21, 2006.
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals,
objectives, and policies of the Collier County Growth Management Plan. This project meets
current Growth Management Plan standards to ensure the adequacy and availability of viable
public facilities.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District approve Work Order ICTSCADA-
3916-MAC-06-05 in the amount of$90,493 to McKim & Creed, P.A., and authorizes the County
Manager or his designee to execute the necessary Work Order.
PREPARED BY:
Dennis McGee, P.E., InstrumentationlSCADA Manager
Public Utilities Engineering Department.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C3
October 10, 2006
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C3
Recommendation to approve Work Order ICTSCADA.3916.MAC.06-05 In the amount of
$90493 to McKim & Creed. P A. under Annual Contract 06.3916 for SCADA System
Upgrades at the South County Regional Water Treatment Plant. Project 70124
10/10120069:0000 AM
Date
Prepared By
Dennis McGee
Public Utilities
Project Manager
Public Utilities Engineering
9/21/2006 3:57:25 PM
Date
Approved By
Karen B. Guliani, P.E.
Public Utilities
Senior Project Manager
Public Utilities Engineering
9/21/20064:54 PM
Date
Approved By
Thomas Wides
Public Utilities
Operations Director
Public Utilities Operations
9/21/20067:13 PM
Date
Approved By
Roy 8. Anderson, P.E.
Public Utilities
Public Utilities Engineering Director
Public Utilities Engineering
9121/2006 7:44 PM
Date
Approved By
Lyn Wood
Administrative Services
Purchasing Agent
Purchasing
9122/2006 10:36 AM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
9/22/2006 11 :04 AM
Date
Approved By
Pamela Libby
Public Utilities
Water Operations Manager
Water
9/22/20064:00 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
912512006 2:46 PM
Date
Approved By
James W. DeLony
Public Utilities
PubliC Utilities Administrator
Public Utilities Administration
912512006 2:57 PM
Date
Approved By
Susan Usher
County Manager's Office
Senior ManagementfBudget Analyst
Office of Management & Budget
10131200610:04 AM
Date
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Budget
10/3/20062:36 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/3/2006 4 :21 PM
Agenda Item No. 16C3
October 10, 2006
Page 4 of 10
WORKORDER # ICTSCADA-3916-MAC-06-05
"INSTRUMENTATION, CONTROLS, TELEMETRY AND SCADA INTEGRATION
CONTRACTING SERVICES"
Contract #06-3916, Dated 2/01/06
This Work Order is for Instrumentation, Controls, Telemetry and SCADA Integration Services,
subject to the terms and conditions of the Contract referenced above, for work known as:
Project: Purchase, Installation and Configuration of a single Terminal Server System,
Microsoft client licenses for Microsoft Terminal Server (TS CALs), CAL's for
Windows 2003 Server and the iFix iTS CAL's for the Water Distribution
Telemetry/SCADA.
The work is specified in the PROPOSAL dated September 8, 2006 which is attached hereto
and made part of this Work Order. In accordance with terms and conditions of the Agreement
referenced above, Work Order # ICTSCADA-3916-MAC-06-05 is assigned to McKim & Creed,
PA., M&C # 2793 0004.6
Scope of Work:
Task 1.0 - Operational Protocol Services for Water Distributionffamiami Wellfield
SCADA
Task 2.0 - Hardware and Software procurement
Task 3.0 - Hardware Configuration/Set up
Task 4.0 - Software Installation and Configuration
Task 5.0 - Training
Schedule of Work: Complete within 180 Calendar days from Notice to Proceed.
Compensation:
In accordance with Item 2 of the Agreement, the County will compensate the Firm in
accordance with the negotiated lump sum amount as indicated in the schedule below (if a task
is time and material, so indicate and use the established hourly rate(s) as enumerated in
Schedule "H" of the Agreement).
Task 1
Task 2
Task 3
Task 4
Task 5
$ 20,000.00 (T&M;NTE)
$ 38,225.00
$ 8,569.00
$ 13,542.00
$ 10,157.00
$ 90,493.00
Single TS Total Materials, Software and Labor
Any change made subsequent to final department approval will be considered an additional
service and charged according to an executed Change Order as enumerated in Exhibit D of the
Agreement.
Agenda Item No. 16C3
October 10, 2006
Page 5 of 10
PREPARED BY: j)~k y{~~
Dennis McGee, Instrumentation/SCADA Manager Date
REVIEWED BY:
Stephen Y. Carnell, Purchasing Director Date
AUTHORIZED BY: v~~ 9 )13 ~
Date
APROVED BY:
Roy B. Anderson, Utilities Engineering Director Date
Approved as to Form and Legal Sufficiency
Assistant County Attorney
Date
ACCEPTED BY:
Date: . 9)t>hoo 6
. #
By BY~~~
McKim & Creed, PA.
cc: 273512
Object Code: 634999
Project Number: 70124/2
Agenda Item No. 16C3
October 10, 2006
Page 6 of 1 0
..
septema.MCKIM & CREED
ENGINEERS
M&C 2793-0009
SURVEYORS
Mr. Dennis McGee
Senior Project Manager
Collier County Engineering
3301 East Tamiami Trail
Naples, FL 34112
PLANNERS
RE: Proposal for Purchase, Installation and Configuration of a single Terminal Server,
Microsoft client licenses for Microsoft Terminal Server (TS CALs), CAL's for Windows 2003
Server and the iFix iTS CAL's.
Dear Dennis:
McKim & Creed, PA appreciates the opportunity to provide the Water Department Terminal
Server and configuration services to Collier County for the OWNER specified universal access
and database operations.
McKim & Creed is pleased to present this proposal to provide the above described equipment,
software and configuration services for the Water System. The scope of work is outlined in the
following paragraphs:
Services will be provided in the following Tasks:
Task 1.0 - Operational Protocol Services
Task 2.0 - Hardware and Software procurement
Task 3.0 - Hardware Configuration/Set up
Task 4.0 - Software Installation and Configuration
Task 5.0 - Training
SCOPE OF WORK
TASK 1.0
Operational Protocol Services for Water DistributionITamiami Wellfield
SCADA
With the recent completion of the Wide Area Network -- that extends control and
monitoring of the Water Distribution SCADA System and the Tamiami Telemetry
SCADA System - the County is afforded the opportunity to adjust their Control and
1365 Hamlet AV'in.,ue . IS' d . . h . Th C h
lVlanagena trategIes to operate an mamtam t ese remote SItes. e ounty as
Clearwater, FL 3!~~~ntly expressed an interest in shifting some of the Operational and Managerial
requirements from its present source (at the South Water Plant) to a new primary control
point (at the North Water Plant).
727 442 AcEordingly, McKim & Creed has been asked by the County to facilitate, streamline and
Fax 727.461 fll:Bvide guidance to make this operational strategy modification. Some of this work
www.mckimcreed.com
September 11,2006
Page 2
Agenda Item No. 16C3
October 10, 2006
Page 7 of 10
may include programming and configuration of one or more Nodes along the WAN,
assignment of/addition to required Reports, and other areas of I&C to support the scope-
of-work as identified. Because the work entails several present unknown's and the
overall objective is not precisely defined at this time, McKim & Creed offers pricing
under this Task as a Time-and-Materials quote (under the established guidelines of our
Fixed-Term Contract #06-3916 with the County), with a Not-to-Exceed value of $20,000.
TASK 2.0
Equipment & Software Procurement
A.
Project Initiation Meeting
Conduct a project initiation meeting with the COUNTY to review the scope of
work required to complete this project and to outline the schedule for the work.
This meeting will also address the general outline and content of each report.
B. Review the hardware and software requirement
The ENGINEER and the County Stakeholders will perform an evaluation of
proposed hardware and software, based on Collier County requirements and
determine all options/adders.
TASK 3.0 Configure Hardware
A. Install required server licenses on the Terminal Server
The ENGINEER shall install and configure Microsoft Terminal Server CALs,
Microsoft Server Cals and the iFix iTS Cals. - Dell 2900 Server 3.0Ghz, 800Mhz FSB,
6 GB RAM, Windows 2003 server OS, 10 Cals, (3) 160GB (Raid Array) hard drives.
B. Factory test of hardware configuration.
The ENGINEER will coordinate configuration of the Terminal Server(s) with the
COUNTY to determine required Network security and interface demands.
Task 4.0 Configure Software
A. Install and configure Terminal Server software
Based on COUNTY input and manufacturer requirements.
B. Software Installation/Configuration
Provide services to configure the iTS software. Factory test the system and
confirm operation of all functions.
.
~~&CREED
September 11, 2006
Page 3
Agenda Item No. 16C3
October 10, 2006
Page 8 of 10
Task 5.0 - Training (Two weeks)
A. Provide two weeks of training for Collier County Operations.
Coordinate training schedule with COUNTY Stakeholders and provide
configuration training to assigned personnel.
COUNTY RESPONSIBILITIES
. Provide assistance and access to each site as required
. Provide Stakeholder requirement information/files.
. Meet and Coordinate with the ENGINEER on required interconnects, security and
desired terminal server function/queries.
PROJECT TEAM
Byron Conner
Gene Robinson
Dan Cote, PE
Mike Tweedel, PE
Gerhard Greeve
Eric Brown
Nicole Morris
Jeane Potter
Sr. Project Manager
Sr. Project Engineer
Sr. Instrumentation and Controls Engineer
Sr. Instrumentation and Controls Engineer
Programmer
Programmer
Instrumentation/ControlslDatabase Design Engineer
Administrative Assistant
PROJECT SCHEDULE
Task 1.0 - Completion within 90 days from Notice to Proceed
Task 2.0 - Completion within 24 days from Notice to Proceed
Task 3.0 - Completion within 14 days from Notice to Proceed
Task 4.0 - Completion within 30 days subsequent to Task 2.0 Completion.
Task 5.0 - Completion within 30 Days (Subsequent to startup)
ENGINEER'S COMPENSA nON
For the above-described SCOPE OF SERVICES, the COUNTY will compensate the McKim &
Creed, P.A. on a Time-and Materials basis for Task 1, and a Lump-Sum basis for Tasks 2 - 5 as
proposed. Our fees include equipment, software, 173 hours of labor, 90 hours training and are
summarized as follows for a single, non-redundant Terminal Server:
Task 1
Task 2
Task 3
$ 20,000.00
$ 38,225.00
$ 8,569.00
.
~MCKIM&CREED
September 11, 2006
Page 4
Agenda Item No. 16C3
October 10, 2006
Page 9 of 10
Task 4
Task 5
$ 13,542.00
$10.157.00
Single 1'5 Total Materials, Software and Labor
$ 90,493.00
For the LUMP SUM Tasks of this proposal, the invoices shall include a brief description of work
performed during the billing period, identification of the Task Item to which the invoice assigns
the applicable payment, and percentage of completion for that Task Item. For the TIME-AND-
MATERIALS Task of this proposal, prior authorization shall be sought by McKim & Creed and
documented acceptance/authorization from the County shall be included in Invoices for this
Task Item.
We appreciate the opportunity to provide this software, equipments and these services and to
work with Collier County. Please let me know if you have any questions or require more
Information.
Sincerely,
McKim & Creed, P A
.ey~~
Byron Conner
Senior Project Manager
.
~Mc:KIM&CREED
C'?<DO
()O"'-
<DO....
...-NO
cio~ -.::t ...
0....
z:=(]) N ...,._", ,..-......-... -"..-,
E(])OJ ~ ic'" M
(])..o ro <:) P,i en ...
-
~oo... ,.... 0
-;t3 .'. (;)
(;) N
-00 0 N ...
-
C 0
(]) Z
OJ ....
<( - ...
0 -
CD 0
"- '.. ....
0 ...
IT 'X -
'- 0
C- ,.. .._'~,"_....._'" -.", -,
M
- ...
-
m co 0
- (;)
(;) N
C. N ...
-
m co 0
(;)
U >- ....
u.. ...
-
0
....
...
-
0 ,-"",c." .._",~.,,_ - .,. -~
,,', ,.,"" M
I:: ...
r- -
"0 (;) 0
(;) N
"0 N ...
<{ -
0
'- """ ....
CD ...
-
> 0
'- ,
....
CD < ...
-
CJ) 0 " , , .-
- M
m ...
-
I:: co 0
(;)
E (;) N
N ...
-
'- -0 0
CD 0
t- >- ....
u.. ...
I 0
(/) ....
-> ...
-
0
0 .,'...~ ,. ~-,... - ,,-
'- M
...
C. It) -
E .".,....~ g 0
N
, N ...
-
<{ < 0
0 ....
...
<{ -
. ",' 0
U
CJ)
'- - M M
'" '"
CD tIl ~ ~
- 0 Q Q
m U '" '"
... ...
~
" .
CD c2l
E c' en -
m I- 0 C III
Z Z .. ,.- .- c ..
CIIl"E 0 0
W Gl C III .- I-
- > C 0 '- E III ..
0 w O'iii&raE~ ..
CD u
Co.- .- ... Gl 5 Gl
"- E>"'en"Gl .....
0 o C 0 III '!: 0
'- o,-O"'>c ...
C- UCLUCLIIl.... CL
Agenda Item No. 16C4
October 10, 2006
Page 1 of 13
-
Executive Summary
Recommendation to approve a Developer Contribution Agreement with DiV osta
Homes, LP in the amount of $40,148.64 for installation of up sized wastewater
facilities along Collier Boulevard (CR-951) from Rattlesnake Hammock Road to
Sabal Palm Road, Project Number 73946.
OBJECTIVE: The public purpose of this agreement is to provide wastewater
transmission facilities to meet demand in the southeast region of the county and stay in
compliance with regulatory requirements. The scope of services in this agreement
consists of providing the County with the facilities to satisfy these requirements.
--
CONSIDERATION: The 2005 Wastewater Master Plan Update approved by the Board
of County Commissioners on June 6, 2006 as Agenda Item 10 (B), includes a project for
CR-95l Force Main Upsizing which was implemented to provide sanitary sewer service
to the Verona Walk development. Based upon models of the wastewater system, it was
determined that a 10-inch force main was required to handle the peak flows from the
Verona Walk development. However, to serve Verona Walk and other future
developments along CR-951 south of Rattlesnake Hammock Road, the County requested
the developer of VeronaWalk to upsize the 10" force main to a 12" force main. The
attached Developer Contribution Agreement has been prepared to provide reimbursement
to the developer for the upsizing cost.
FISCAL IMPACT: The total cost associated with approval of this Agreement is
$40,148.64. Funding is available in the FY 07 capital budget approved by the Board of
County Commissioners on September 21, 2006. Current appropriation is identified in the
Wastewater Impact Fee Fund (413), CR 951 Forcemain Up sizing Project (73946). The
source of funds is Wastewater Impact Fees.
GROWTH MANAGEMENT IMP ACT: This project is consistent with and furthers
the Goals, Objectives, and Policies of the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District:
I. Approve a Developer Contribution Agreement with DiV osta Homes, LP in the
amount of $40,148.64 as reimbursement to the developer of Verona Walk for the
certified final cost to upsize the forcemain.
2. Authorize the Chairman of the Board of County Commissioners to execute the
Developer Contribution Agreement after approval by the County Attorney's
Office.
.,-......
3. Authorize the staff to record the Agreement upon execution by the Chairman of
the Board of County Commissioners.
Agenda Item No. 16C4
October 10, 2006
Page 2 of 13
PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering
Department.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C4
October 10, 2006
Page 3 of 1 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C4
Recommendation to approve a Developer Contribution Agreement with DiVosta Homes, LP
in the amount af $40,148.64 for installation of upsized wastewater facilities along Collier
Boulevard (CR-951) from Rattlesnake Hammock Road to Sabal Palm Road, Project Number
73946.
10/10/2006 9 00:00 AM
Date
Prepared By
Harry Huber
Public Utilities
Senior Project Manager
Public Utilities Engineering
9/1512006 3:46:55 PM
Date
Approved By
Roy R Anderson, P.E.
Public Utilities
Public Utilities Engineering Director
Public Utilities Engineering
9/21/2006 7:36 PM
Date
Approved By
William D. Mullin, PE
Public Utilities
Principal Project Manager
Public Utilities Engineering
9/22/20068:18 AM
Date
Approved By
G. George Yilmaz
Public Utilities
WasteWater Director
WasteWa.ter
9/22/2006 12:21 PM
Date
Approved By
Thomas Wides
Public Utilities
Operations Director
Public Utilities Operations
9122/2006 2:08 PM
Date
Approved By
James W. DeLany
Public Utilities
Public Utilities Administrator
Public Utilities Administration
9/25/2006 3:15 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/26/20067:55 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
1013/200612:00 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
101312006 4:01 PM
Date
Approved By
James v. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
1013/20065:25 PM
Agenda Item No. 16C4
October 10, 2006
Page 4 of 13
CONTRIBUTION AGREEMENT
WasteWater Utilities
This CONTRIBUTION AGREEMENT is made and entered into this _ day of
,200_, by and between DIVOSTA HOMES, LP, a Delaware limited partnership
herein collectively "CONTRACTOR" or "DEVELOPER," and THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT hereinafter "County or "Board of Commissioners" or
"Board" or "Board of County Commissioners".
RECITALS:
WHEREAS, Contractor is desirous of entering into a contribution agreement with the
County whereby the County agrees to pay cash and no impact fee credits are involved in
exchange for the construction or installation of certain UPSIZED regional wastewater system
facilities, improvements or additions thereto, made to the County's regional systems, which are
further described in Exhibit "A" and not presently needed by Contractor to satisfy the project's
needs, but which were requested by the County to accommodate needs of others; and
WHEREAS, all parties acknowledge that the valuation of eligible anticipated construction
to the County's regional water and wastewater systems shall initially be based upon
professional opinions of total project probable costs certified by a professional architect of
engineer; and
WHEREAS, all parties acknowledge that in the case of contributions of construction or
installation of improvements, the value of Contractor's proposed contribution shall be adjusted
upon completion of the construction to reflect the actual cost of construction or installation of
improvements contributed by Contractor; and
WHEREAS, The County Public Utilities Division has recommended to the Board of
County Commissioners that it is advantageous to the public that the Contractor has installed
certain wastewater utility described in Exhibit "B" which facilities are hereinafter referred to as
the "Utility Project", which are composed of, among other things, UP-SIZED wastewater utility
facilities that are larger in size and that will carry capacity in excess of the size and capacity
determined by Contractor to be needed solely to accommodate Contractor's Project; and
WHEREAS, The County is amenable to reimbursing Contractor's increased materials
costs and increased installation costs actually incurred and paid by Contractor, which costs
would not have been incurred or paid but for the up-sizing of the subject wastewater collection
facilities; and
WHEREAS, all parties acknowledge that NO CREDIT WHATSOEVER for land,
easements, construction or infrastructure otherwise required to be built or transferred to the
County by law ordinance or any other rule or regulation shall be considered or included in the
value of any developer's contribution pursuant to this Contribution Agreement but shall be
eligible for reimbursement as provided for in said law, ordinance or rule or regulation; and
10/31/2005-150414 Ver: 011- GDEDOMIN
CAI/43
N0506-511.A48. ECOR. 2Q214
Agenda Item No. 16C4
October 10, 2006
Page 5 of 13
2
WHEREAS, all parties acknowledge that all construction cost shall be based upon, and
all construction plans, specifications and conveyances shall be in conformity with the utility
construction standards and procedures of the County and were first approved by the Collier
County Public Utilities Administrator prior to commencement of construction; and
WHEREAS, County acknowledges and agrees that Contractor had full power and
authority to cause the construction or installation of the subject contribution and thereafter
execute any and all documentation on behalf of Contractor necessary to convey the contribution
to the County in conformance with the County's utilities standards and procedures ordinances
and regulations; and
WHEREAS, Contractor has submitted to the Collier County Public Utilities Administrator
acceptable as-built drawings and actual costs for the subject contributions (hereinafter
"Proposed Plan"), which includes but is not limited to:
a. A designation and description of the Wastewater System Impact Development for
which the Proposed Plan has been submitted;
b. Certification of actual costs of completion of construction.
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has
authorized the County Attorney to prepare this Contribution Agreement upon the Board finding
that:
a. The subject as-built drawings are in conformity with the contemplated improvements
and additions to the County's regional water and wastewater systems;
b. Such as-built drawings, viewed in conjunction with other existing or proposed plans,
will not adversely impact the cash flow or liquidity of the County's wastewater
system impact fee trust account in such a way as to frustrate or interfere with other
planned or ongoing growth necessitated capital improvements and additions to the
County's regional utility systems;
c. Suchas-built drawings, viewed in conjunction with other existing or proposed plans,
will not create a detrimental imbalance between the treatment and transmission
capabilities of the County's regional water and wastewater systems;
d. The as-built drawings are consistent with the public interest; and
e. Completion of this up-sized Project is consistent with the most recently adopted
five-year capital improvement program for the County's regional wastewater
system; and
1013112005- 150414 Ver. 011- GDEDOMIN
CA#43
NQ506-511.A48. ECOR. 29214
Agenda Item No. 16C4
October 10, 2006
Page 6 of 13
3
WHEREAS, the Board of County Commissioner finds that the contributions
contemplated by this Contribution Agreement are consistent with the County's existing
comprehensive plan; and
WHEREAS, consistent with the most recently adopted five-year capital improvement
program for the regional wastewater system, Developer has completed construction of the up-
sized project and County has accepted and placed into service the contributions specified in the
as-built drawings; and
WHEREAS, it has been determined that an amount totaling FORTY THOUSAND ONE
HUNDRED FORTY EIGHT and 64/100 DOLLARS ($40,148.64) is the Certified Actual Final
Cost prepared by WilsonMiller, the Developer's Engineer, Exhibit "8" (Certified Cost), for the
Developer to oversize the contributions to serve third parties specified in the Proposed Plan;
and
WHEREAS, the contribution contemplated under this Contribution Agreement shall be
construed and characterized as work done and property rights acquired by a utility or other
persons engaged in the collection of wastewater for the purpose of constructing or installing on
established rights-of-way, main, pipes, cable, utility infrastructure or the like; and
WHEREAS, this Contribution Agreement shall not be construed or characterized as a
development agreement under the Florida Local Government Development Agreement Act.
WITNESSETH:
NOW, THEREFORE, in consideration of The Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follow:
1. The above recitals are true and correct and shall be incorporated herein.
2. In exchange for the contributions identified in this Contribution Agreement,
Contractor shall be entitled to a cash reimbursement as more particularly described
herein. A review and audit fee of $2,500.00 is attached hereto as required by
Subsection 74-205 (f) of the County's Consolidated Impact Fee Ordinance.
3. The amount of Contractor's cash reimbursement shall be determined according to
the following standards of valuation:
a. The cost of actual, completed, construction to the County's regional wastewater
system certified by Contractor's professional architect or engineer.
b. In the case of these completed contributions of construction ,the costs of
Contractor's proposed contribution have been adjusted upon completion of the
construction to reflect the actual cost of construction or installation of
improvements experienced by Contractor, exclusive of design costs. However,
in no event shall any upward adjustment exceed twenty percent (20%) of the
1013112005-150414 Ver: 01!- GDEDOMIN
CAIl43
N0506-511-A48- ECOR- 29214
Agenda Item No. 16C4
October 10, 2006
Page 7 of 13
4
initial estimate of costs for contributions. The initial estimate of costs for
contributions under this Contribution Agreement is detailed In Exhibit "B".
c. No credit whatsoever for lands, easements, construction or infrastructure
otherwise required to be built or transferred to the County by law, ordinance or
any other rule or regulation shall be considered or included in the value of any
developer's contribution.
d. A narrative description of the contribution which is the subject of the Agreement
together with professional opinions certifying the actual costs of completion of
construction of the Proposed Plan prepared by a professional engineer, is
attached hereto as Exhibit "B", the Proposed Plan, which is incorporated herein
by reference.
1. Upon execution of this Contribution Agreement, the additional work that has been
requested by the County beyond that contemplated (or that should have been
contemplated by Contractor and its representatives as being necessary to the
project) in the description of and estimate of costs for contributions under this
Contribution Agreement shall be paid for by the County and shall not be considered
or included in the value of any Developer's contribution.
2. Contractor shall keep or provide for retention of adequate records and supporting
documentation which concern or reflect total project cost of construction or
installation of any improvements to be contributed. This information shall be
available to the County, or its duly authorized agent representative, for audit,
inspection, or copying, for a minimum of five (5) years from the termination of this
Contribution Agreement.
3. The failure of this Contribution Agreement to address any permit, condition, term, or
restriction shall not relieve either the Developer or its successors, of the necessity of
complying with any law, ordinance, rule or regulation governing said permitting,
requirement, conditions, or terms of restrictions. This Contribution Agreement shall
be modified or revoked as is necessary to comply with all relevant State or Federal
laws, State or Federal laws enacted after the execution of this Contribution
Agreement which are applicable to and preclude the parties compliance with the
terms of the Contribution Agreement.
4. Except as otherwise provided herein, this Contribution Agreement shall only be
modified or amended by the mutual written consent of the parties hereto or by their
successors in interest.
5. The burdens of this Contribution Agreement shall be binding upon, and the benefits
of the Contribution Agreement shall inure to, all successors in interest to the parties
of this Contribution Agreement.
6. This Contribution Agreement, at Contractor's expense, shall be recorded by the
County in the Official Records of Collier County, Florida within fourteen (14) days
after the County, by its duly authorized Chairman, executes this Agreement. A copy
of the recorded Agreement will be provided to Contractor.
10/3112005~ 150414 Ver: 01!~ GOEDOMIN
CA#43
N0506-511-A48- ECOR- 29214
Agenda Item No. 16C4
October 10, 2006
Page 8 of 13
5
7. Upon execution of this Contribution Agreement, County shall pay to the Developer
the sum of FORTY THOUSAND ONE HUNDRED FORTY-EIGHT and 64/100
DOLLARS for the cost of upsizing the contributions to serve third parties with
connections to the 12" forcemain located within Section 23, Township 50S, Range
26E, Collier County, Florida.
1OJ31/200&- 150414 Ver: 01!- GDEDOMIN
CA'"
N0506-511.A48. ECOR- 29214
Agenda Item No. 16C4
October 10, 2006
Page 9 of 13
6
IN WITNESS WHEREOF, the County and the Developers have caused this Agreement to be
signed on the day and year first written above.
Dated:
Attest:
Board of County Commissioners
Collier County, Florida
A Political Subdivision of the State of Florida
Dwight E. Brock, Clerk
By:
By:
Deputy Clerk
Frank Halas
Chairman
Witnesses:
DiVosta Homes, LP
a Delaware limited parternership
By: DiVosta Home Holdings, LLC
A Delaware limited liability company,
Its general partner
First Witness:
By:
Will Long .
Signature
Print or Typed Name
Second Witness:
Signature
Print or Typed Name
1013112005-150414 Ver. 011- GDEOOM1N
0.#43
N0506-511-A48- ECOR. 29214
Agenda Item No. 16C4
October 10, 2006
Page 10 of 13
7
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Developer Contribution Agreement was acknowledged before me this
_ day of I 200_ , by Michael D. Rosen as Vice President of DiVosta Homes
Holdings, LLC a Delaware limited liability company and general partner of DiVosta Homes, L.P.,
a Delaware limited partnership. He is personally known to me or has produced
as identification.
Signature of Notary Public
(Affix Seal)
Printed Name of Notary Public
Approved as to form and legal sufficiency:
Tom Palmer
Assistant County Attorney
1013112005.150414 Ver: 01\- GDEDOMIN
CA....
N0506--511-A48. ECOR- 29214
-------~--
EXHIBITS TO BE ATTACHED TO AGREEMENT
Exhibit "A" - Description of Land
Exhibit liB" - Project Description and Certification of
Actual Costs of Completion of Construction
1013112005-150414 Ver: 011- GOEDOMIN
CA#<3
NQ50e.511-A48- ECOR- 29214
Agenda Item No. 16C4
October 10, 2006
Page 11 of 13
8
Agenda Item No. 16C4
October 10, 2006
Page 12 of 13
9
Project
Exhibit "A"
Legal Description
All of Section 33, Township 48 South, Range 26 East, Collier County, Florida.
And
The Southwest X of the Southwest X of Section 34, Township 48 South, Range 26 East
Subject to an easement for public road right-of-way over and across the West 30 feet thereof
and the South 30 feet thereof.
And
The South % of the Northwest X of the Southwest X of Section 34, Township 48 South Range
26 East, Collier County, Florida; and subject to an easement for public road right-of-way over
and across the West 30 feet thereof.
And
The North % f the Northwest X of the Southwest X of Section 34, Township 48 South Range 26
East, Collier County, Florida; and subject to an easement for public road right-of-way over and
across the North 30 feet and the West 30 feet thereof.
Less and Except:
The following described property situate, lying and being in Collier County, Florida:
The South 170 feet of Section 33, Township 48 South, Range 26 East, and the South 145 feet
of Section 34, Township 48 South Range 26 East; by Order of Taking, Case No. 86-1456-CA-
01-HDH, recorded in or Book 1215, Page 1662.
10/3112005- 150414 Ver: 011. GDEDOMIN
CA""
N0506-511-A48- ECOR- 29214
Agenda Item No. 16C4
October 10, 2006
Page 13 of 13
EXHIBIT "B"
Proposed Plan
October 3, 2006
Collier County Board of County Commissioners
3301 E. Tamiami Trail
Naples, Florida 34112
RE: C.R. 951 Force Main
Upsizing Agreement
To whom it may concern:
Pursuant to the C.R. 951 Force Main Upsizing Agreement between Collier County and DiVosta Homes,
LP, I am hereby certifying the actual costs of completion for the oversizing of a wastewater forcemain to
service VeronaWalk and third party connections within Section 23, Township 50S, Range 26E, Collier
County, FL.
I am certifying that the additional construction and design costs incurred for the construction of the 12"
forcemain within the C.R. 951 Right-of-Way were in the amount of $40,148.64. The following is a cost
comparison reflecting the upsizing costs from a 10" forcemain to a 12" forcemain necessary to serve third
parties.
Contracted Cost of 12" Forcemain Installation (5,121 LF@$84.62/LF)
(-) Probable Cost of 10" Forcemain (5.121 LF@$77.62/LF)
Difference between 10" and 12" Forcemain
(+) Enqineerinq and Permittinq Costs
Total Cost of Upsizing from 10" Forcemain to 12" Forcemain
= $433,339.02
= $397.492.02
= $ 35.847.00
= $ 4.301.64
= $ 40 148 64
Thank you for your assistance in this matter.
Sincerely,
WilsonMiller, Inc.
David J. Hurst, P.E.
Project Manager
C: Michael D. Rosen, DiVosta Homes, LP
Mikel D. Greene, DiVosta Homes, LP
/26/2005.155643 Ver: 011- DHURST
~*43
N0506-511.A11- ESBM. 27425
Agenda Item No. 16C5
October 10, 2006
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve Work Order QGM-FT-3290-07-01 to Q Grady Minor
for the engineering services in the amount of $221,150 for the design, preparation of
construction plans, and construction inspection to upgrade of four master pump
stations, and two lift stations, Project 72546, and Project 73970.
OBJECTIVE: The public pwpose of this work order is to design, develop construction
plans and provide construction inspection to upgrade four master pump stations, and two
lift stations.
CONSIDERATIONS: These Projects are included in the 2005 Wastewater Master Plan
Update adopted by the BCC on June 6, 2006, under Item 10(B). The scope of the work
for the four master pump stations, and the two lift stations is to analyze the available data
on several pump stations and provide design services, technical support, construction
plans and construction inspection. The scope of work includes optimization work,
reliability enhanc.ements, and in some cases, increased capacity as described in the
attached proposal.
-
In accordance with the procurement policy of Collier County, and under contract 01-
3290, Fixed Term Professional Engineering Services, dated September 27, 2005, work
orders over $90,000.00 must be approved by the BCe. Staff requested the attached
proposal from Q Grady Minor to provide engineering services related to design,
permitting, and technical support for the specified pump station improvements. Staff
received a proposal for $221,150 for this service, and found it fair and reasonable on the
basis that this cost is inclusive of the construction plans, technical support, and
construction inspection for the four master pump stations and the two lift stations.
FISCAL IMPACT: Funds totaling $221,150 are required for these engineering
services. Funds in the amount $122,525 are available in project 72546 master pump
station improvements, and $98,625 in project 73970 pumping and lift station
rehabilitation. The source of funds is sewer impact fees, fund 413, and sewer user fees,
fund 414.
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers
the goals, objectives, and policies of the Collier County Growth Management Plan. This
project meets current Growth Management Plan standards to ensure the adequacy and
availability of viable public facilities.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District approve work order QGM-
FT-3290-07-01 in the amount of $221,150 to Q Grady Minor and authorize the County
Manager or his designee to execute the necessary work order.
Prepared bv:
Department.
Shanthi Sridhar, Project Manager, Public Utilities Engineering
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C5
October 10, 2006
Page 2 of9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
l6C5
RecommendatIOn to approve Work Order QGM-FT -3290-07 .01 to Q Grady Minor for the
engineering services in the amount of $221.150 for tne design. preparation of construction
plans. and construction inspectIon for upgrade 01 four master pump stations, and two lift
stations. Project 72546, and Pro)ecl 73970.
10/10/20069:00:00 AM
Project Manager
Date
Prepared By
Shanthi Sridhar
Public Utilities
Public Utilities Engineering
9/15/2006 1 :21 :57 PM
Stephen L. Nagy
Wastewater Collections Manager
Date
Approved By
Public Utilities
WasteWater
9/19/2006 7:38 PM
Ron Molly
Operations Manager
Date
Approved By
Public Utilities
Wastewater
9/2012006 8:01 AM
Lyn Wood
Purchasing Agent
Date
Approved By
Administrative Services
Purchasing
9/2112006 3:59 PM
Approved By
Steve Camell
Administrative Services
Purchasing/General $vcs Director
Date
Purchasing
9121/20064:54 PM
G. George Yilmaz
WasteWater Director
Date
Approved By
Public Utilities
WasteWater
9/2112006 7 :23 PM
Roy B. Anderson. P.E.
Public Utilities Engineering Director
Date
Approved By
Public Utilities
Public Utilities Engineering
9/21/20067:33 PM
Approved By
William D. Mullin, PE
Public Utilities
Principal Project Manager
Date
Public Utilities Engineering
9/22/2006 8:18 AM
Operations Dimctor
Date
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
9/22120068:30 AM
Public Utilities Administrator
Date
App roved By
James W. DeLany
Public Utilities
Public Utilities Administration
9/25/2006 3:15 PM
OM B Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
9/26120067:54 AM
Susan Usher
Senior Management/Budget Analyst
Date
App roved By
County Manager's Office
Office of Management & Budget
10/21200610:18 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10/212006 2:57 PM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
101212006 6:57 PM
U":lcom
uo-
COOO
..-NC")
OOal
Z"- OJ
....ell
E ala...
Q)..o
......0
~t5
-00
c:
Q)
OJ
<(
~
It')
C
M
,...
~
It')
'l:t
Q)
M
,...
ci
Z
III
..-
to)
Q)
'0'
...
0..
"!
5
~r'-~
c
N N
..
5
E
~
ro
"
c:
Q)
Ol
<t
CIl
E
~
III
..-
c:
Q)
E
Q)
>
o
...
Q.
E
.....
..
5
"!
is
"
c:
III
Ol
III
...J
c:
o
;:;
ell
..-
en
Q.
E
::;,
0..
g[}
N
....
c
>-
....
N
..
5
.....
..
5
.9 '- ~
o..E 0
,-=. II) 0 ~
~.~ i ~
~~g.~
..:. Ollll Q.
It'E~;
~~'c~~
O.=~::!Eg;
; g>~ O'J~
'EW"C:s~
o 0 ~ .~ '0
~:U)~a:
~o~.soll
- 0.. t>> (0
~5C:.=:;
eo~-g~
a.Eu'-_
c.. n:I ::l :n u
m Q) .:: 0. CD
o.c: CIl::) '0'
~-5~a:
.e .- (J <<l
';oc:r.It
"'C .E .2> C
c: ::!E CIl III
~~~~
~ e ~ E
ol';: 0..
~O .5
...,.
..
is
~[j
l.. ~
.....
..
is
....
U)
o
()
o
...
~
0.. ....
:E c: c:
GI en
f- ~ E 'iij
VI GI U)
Z C VI e III
Q) W 0 GI c: l.l
E > ;:; VI >- en 'S: "'C
ell W GI VI ... .. ~
z c( III 'iij III :;
0 C GI en C"
..- () E .- e Dl G>
to) GI .~ lr
Q) C
III ....- III :c III c:
'0' .... VI GI .... .2
... III >-... c: "C 0 tl
0.. e (1)0.. II. in I- <t
" .. Lh t.Q..O)
C.'
tC
"tT .J'-
bow
z:::g'
6110-
$0
""J;;t5
-00
c:
CD
Ol
<(
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers _ Land Surveyors. Planners _ Landscape Architects
Agenda Item No. 16C5
October 10, 2006
Page 5 of 9
MARK W. MINOR, P.E.
NORMAN J. TREBILCOCK, A.I.CP., P.E.
C DEAN SMITIi, P,E.
DAVID W. SCHMITI, P.E.
MIrnAELJ. DELATE, P.E.
MIrnAEL T. HERRERA, P.E.
GARY J. GASPERINI, P.E.
WILSON A. GAROA, P.E.
D. WAYNE ARNOLD, AJ.CP.
STEPHENV. BURGESS, P.s.M.
JUAN A. ARAQUE, P.s.M.
KEI1H A STEPHENSON, P.s.M.
KENNE1H W. P AHlITSKI
ALAN V. ROSEMAN
JEFFREY S. CURL, ASLA, RLA
IVY WYLIE, P.E.
September 19,2006
Ms. Shanthi Sridhar
Collier County Public Utilities Engineering
3301 E. Tamiami Trail, Bldg. H.
Naples, FL 34112
RE: FY 07 Various Pump Station Rehabilitation
Dear Ms. Sridhar:
Q. Grady Minor & Associates, P.A. is pleased to provide this Proposal for professional engineering
services for the wastewater pump stations scheduled for rehabilitation in FY 2007. Following is a
summary of the wastewater pump stations and the anticipated work at each of them. The exact
scope of work will be further identified during the Project Kickoff Phase. These pump stations are
listed following in their priority order.
Pump Station 1.07.02 - This pump station is located in the Quail Creek Village development. This
pump station is a re-pump station receiving flow from other pump stations only. (No Gravity
Flow). The existing pump station wet well is undersized and will required additional capacity to be
added. Pump station upgrading will include new wetwell, piping, valves and pumps. (Master Plan
identified pump upgrade to 47 HP). Task 4 and 8 are included for this pump station.
Review will also be made to determine if modification of the existing force mains and tributary
pump station can allow elimination of this pump station.
Master Pump Station 3.18 - Pump Station is located southeast of the US 411Collier Blvd.
intersection. Currently the pump station is equipped with two pumps. It is proposed to add two
additional pumps at this station (Wet Well is configured to accommodate) It is reported that the
existing piping may need to be adjusted or modified. The existing emergency generator is to be
replaced. (Master Plan had identified conversion from duplex to quad station with 35 HP pumps)
(239) 947-1144 _ FAX (239) 947-0375 _ Web Site; www.gradyminor.com
3800 Via Del Rey _ Bonita Springs, Florida 34134-7569
EB 0005151 _ LB 0005151 _ LC 26000266
F:\JOBIO-PlPROPOSAL\DWSIFY 07 pump station rehab 09-I~.doc
PJ
Agenda Item No. 16C5
October 10, 2006
Page 6 of 9
Ms. Shanthi Sridhar
Re: FY 07 Pump Station Rehabilitation
September 19, 2006
Page 2
Pump Station 3.12.12 - This Pump Station is located at the Kings Lake area. This pump station
rehabilitation will include upgrading pumps, piping and valving and rehabilitation including,
wetwelllvalve vault repair and recoating. (The Master Plan identified upgrading these pumps to 20
HP). It will be reviewed if the electrical/control panel replacement is necessary. Piping
replacement may need to occur from valve vault to the force main located at the street. Task 4 and
8 are included for this Pump Station.
Master Pump Station 3.02 & 3.05 - Pump Station 3.02 is located at Polly and Rattlesnake
Hammock and Pump Station 3.05 is located at the Glades. All pumps and piping are to be replaced.
It is understood that the current pump size is adequate. No electrical or control work is anticipated
at these sites. The existing emergency generator is to be replaced. Pump Station 3.05 is a triplex
station. Pump Station 3.02 has five pumps with the wetwell designed for eight pumps.
Master Pump Station 3.16 - This pump station is located at Championship Drive near the
Fiddler's Creek development. This station currently has two pumps and it is proposed to add two
additional pumps. (Master Plan had identified conversion from duplex station to triplex with a new
20 HP pump, existing pumps identified as 35 HP). The current wetwell is configured to accept
these additional pumps. It is reported that the existing piping may need to be modified. It is
anticipated that the existing emergency generator will be replaced.
At each of the pump stations, review will be made and where possible site modification will be
made to direct potential overflow to detention or retention areas. Review will also be made in
conjunction with Collier County to determine if electrical disconnects and equipment may need to
be replaced. Where temporary bypass arrangements are needed, they will be made to allow future
reuse.
The following scope of services is proposed.
Task 1 - Proiect Kickoff - Meet with County staff at each site to examine the various facilities.
Obtain from Collier County available Record Drawings on the facilities. Review existing Master
Plan data.
Task 2 - Desil!D Memorandum - Based upon the Project Kickoff site meetings prepare a brief
Technical Memorandum on each pump station outling the proposed Scope of Work at each station
and design consideration. At Pump Station 1.07.02 review will be made if this station could be
eliminated by modification of the existing force main system and pump stations. Prepare estimates
of probable construction cost for each station.
F:\lOB\O-P\PROPOSAL\DWS\FY 07 pump station rehab 09-14-06.doc
PI
Ms. Shanthi Sridhar
Re: FY 07 Pump Station Rehabilitation
September 19,2006
Page 3
Agenda Item No. 16C5
October 10. 2006
Page 7 of 9
Task No. 3A - En2ineerin2 Desi2DIPlans - Based upon review and approval of the Design
Memorandum, prepare engineering Design and Plans for the proposed improvements. Preliminary
Plans (60%) will be submitted for each Pump Station Package. A total of five (5) pump station
packages will be prepared. Upon review and approval of the Preliminary Plans, the Final Plans will
be prepared for each package. Technical Specification along with Bid Forms will be prepared for
each package. Standard Collier County Technical Specification will be utilized. We will update the
estimate of probable construction cost at the Preliminary and Final Design states.
Task No. 3B Electrical En2ineerin2 Desi2I1lPlans - Provide electrical engineering design and
plans as may be required for each of the Pump Station. Plans will be submitted at the 60% stage
and final design stage.
Task No.4 Landscavine: - Provide landscape design and plan for selected pump station located in
residential areas. Landscape design will be incorporated into the final design. Landscape design is
included at Pump Station 1.07.02 and 3.12.12.
Task No.5 Permittin2 - Prepare and submit FDEP Wastewater Construction Permit for each
package. Monitor status and respond to any requests for additional information. This is the only
Permit anticipated for construction. No Collier County Development Service permitting has been
included. (Contractor will be required to obtain necessary building and electrical permits as
required). We will assist in obtaining Building Permits by providing signed and sealed plans.
Task No.6 Biddin2 Services - Assist Collier County during the Bid Process, respond to Bidder's
questions, attend Pre-Bid conference, prepare addenda, attend Bid Opening, review bids and issue
Recommendation of Award. We anticipate 5 separate bidding processes.
Task No.7 Construction Contract Services - Assist Collier County during construction, provide
periodic observations of construction, shop drawing review, review of Pay Applications and other
submittals. Upon completion of construction, prepare Record Drawings based upon Contractor's
mark ups and submit FDEP Completion certification. The anticipated construction period is
estimated at 120 days for each package (90 days substantial/l20 days final).
Task No.8 Limited En2ineerine: Survev - Provide limited engineering surveying at P.S. 1.07.02
and 3.12.12 for assist in design. No surveying is anticipated at the other sides. No construction
stake out or As-Built surveys are proposed, these shall be the responsibility of the contractor.
F:\JOB\O-PlPROPOSALIDWSIFY 07 pump station rehab 09-14'{)6.doc
Pl
Agenda Item No. 16C5
October 10. 2006
Page 8 of 9
Ms. Shanthi Sridhar
Re: FY 07 Pump Station Rehabilitation
September 19, 2006
Page 4
We propose the following budgets and schedule for completion of these Tasks.
Task Fee . Type Fee Upgrade Fee Rehabilitation
No.1 Project Kickoff $8,650 LS $4,325 $4,235
No.2 Design Memorandum $13,000 LS $6,500 $6,500
No.3A Engineering Design/Plans $52,000 T&M $26,000 $26,000
No.3B Electrical Design/Plans $50,500 T&M $25,250 $25,250
No.4 Landscape Design/Plans $3,500 T&M $3,500 0
No.5 Permitting $5,000 LS $3,000 $2,000
No.6 Bidding Services $7,500 LS $4,500 $3,000
No.7 Construction Contract Svcs. $62,000 T&M $37,200 $24,800
No.8 Limited Engineering Survey $4.000 T&M $4.000 Q
Subtotal $206,150 $114,275 $91,875
Reimbursables $15.000 T&M $8.250 $6.750
TOTAL $221,150 $122,525 $98,625
We anticipate from time of Proj ect kickoff till final closeout of the construction contract being 545
days (1.5 years).
This Proposal only includes those items specifically identified above and does not include any
Master Planning, overall wastewater system hydraulic modeling, extensive utility relocation or force
main extension except as noted, environmental permitting, architectural or mechanical designs or
infIltration/inflow studies. No surveying has been included with exception of limited survey for
P.S. 1.07.02 and 3.12.12. Electrical designs are to be provided by our electrical sub-consultants.
We have included a budget of $5,000 for FDEP Application Fees in the Reimbursables.
This Proposal is subject to the Standard Provision of the Collier County Fixed Term Engineering
Service Contract (FT 01-3290).
This Proposal is void if no Task Authorization or Purchase Order is issued within 30 days of this
date.
Very
DWS:cjd
F:\10B\O-PIPROPOSAL\DWSIFY 07 pump station rehab 09-14-06.doc
pj
A9-enda Item No. 16C5
----oct06er 10-; 2006
Page 9 of 9
WORK ORDeR # QGM.FT.32-90-07-01
Agreement for Fixed Term Professional Enginearlng Services
Dat9d September 24. 2002 (Contract #01-3290)
This Work Order is for professional engineering services for work known as
PumD Station Improvemenls - 107 02.312.12 302.305 316 318
CR.eason for Proiect} E:n9.l1.laerina feaslbilltv sludv and final desion to uoarade the
Clxlstlnq ouma station
The work Is sp~clfled in the propoUI dated Septembar 19, 2006, which Ie attached
hereto ancl madill a part of this Work Order as Exhibit A. In accordanea with the Terms
and Conditions of the Agreement referenced above. Work Order # QGM-F'L-3290-07-01
Is aSSigned 10 Q Gradv Minor and Auoolates P.A..
(Firm Name)
ScoDe of Work.:
Task 1 - Project Kick Off
Task 2 - Preliminary Design
Task 3A - Englr,eerlng Design/Plans
Task 3B - Elect:lcal Design/Plans
Task 4 - Landsc:ape Design/Plans
Task 6 - Permitting
Task 6 - Bidding Services
Task 7 - Construction Contrac.t Services
TaSk 8 limit~d EngIneering Survey
Sched.ule of Work: Q Grady Minor & Associates agrees: to :ilccompliah the following
milestones in the tlmellne desorlbed below from the receipt of the N otios to Proceed
liluthorlzlng to !Hart work:
100% Design arId Construction work within 545 days.'
ComDensatlon.: In ac.cordance with Article Five of the Agreement. the County will
compensate the Firm In accordance with the negotiated lump' s:um amount Indicated In
the sohedule below (if a task Is time and malerlal, so indicste and use the established
hourly rate(s) a~ enumerated In Schedule "An of the Agreement).
Task 1
Task 2
Task 3A
Task 36
Tesk 4
Task 5
Task 6
Task 7
Task 8
Relmbu;sable
$$8.650.00 (1.5)
$13,000.00 (LS)
552,000.OO(T & M)
$50.500.00 (T & M)
$3.500.00 (T & M)
$5,000.00 (LS)
$7.500.00 (LS)
$62.000.00 (T & M)
$4.000.00 (T&M)
$15,000.00
Total m .$.221.150.00 (T & Ml
Any change wilhin monetary authority of this Work Order made subl:squent to flnal
department sp~lrova' wJII be conSidered an additional service and oharged according to
Schedule -A" of the Agree ent. L
SUBMlTIRDBY: ~ J)ATE:~(OG
. - JM', Project Manage)..
Public Utililies :&Jljtlooring Department
REVIEWED BY:
DATE:
Roy B_ AndcrWn P.E. . .
DirectOr of public Utilities Engineering ~
ACCe;PT
Date: Lf/ "16ft,
Dsvld Schmllt.. P.E.
a Grady Minor and Associl!ltea,
6Y;~~f1u:s
".T\Slqna.t~ +-- \It, {fl~fJr
-_L.t..:J)-f..~ I rc j Cf. ,
N:\mc ~nd TI Ie
Agenda Item No. 16C6
October 10, 2006
Page 1 of 14
-
EXECUTIVE SUMMARY
Recommendation to approve Budget Amendment to transfer funds in the amount of $120,000
from Project 739491, South County Water Reclamation Facility (SCWRF) Expansion 2001 to
Project 725321, North County Water Reclamation Facility (NCWRF) Rehabilitation.
OBJECTIVE: The public purpose is to enable the NCWRF to achieve the improvements stated in
the attached NCWRF Operational Readiness Evaluation. The NCWRF Operational Readiness
Evaluation identifies the plant site pump stations, the ox-ditch and the clarifiers as areas that require
immediate rehabilitation and improvement for proper operation of the NCWRF during peak season
demand.
CONSIDERATIONS: The Budget Amendment is to provide adequate funds to make the required
improvements for the up coming peak season as stated in the NCWRF Operational Readiness
Evaluation. This evaluation was completed by Waste Water Engineering Consultants Hole Montes
and Associates Inc. The construction required for these projects will be performed by contractors
under the current County fixed term contracts. The funds being requested are to begin the required
engineering design in other to achieve Tasks A3; Short term and long term relief for high flows to
plant site pump station, Task A4; Oxidation ditch No.2 and clarifiers Nos. 4 & 5 with sludge
pumping system, RAS splitter box, pre-filter splitter box and one set of filters and Task A5;
Oxidation ditch No.3 and clarifier No. I with sludge pumping system and second set of filters.
-
FISCAL IMPACT: A Budget Amendment is needed to transfer funds in the amount of $120,000
from project 739491, SCWRF Expansion 2001 to project 725321. Funding source is Wastewater
(414) User Fees. This is consistent with the intent of the 2005 Wastewater Master Plan, adopted by
the Board of County Commissioners as Agenda 10 (B), June 6, 2006.
GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: Staff recommends that the Board of County Commissioners; as Ex-
officio governing board for the Collier County Water-Sewer District, approve the necessary budget
amendment.
PREPARED BY: Vaughn Williams, Sr. Project Manager, Public Utilities Engineering.
-
Item Number:
Item Summlry:
Meeting Dlte:
Agenda Item No. 16C6
October 10, 2006
Page 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C6
Recommendation to approve Budget Amendment to transfer funds in the amount of
$120,000 from Project 739491, South County Water Reclamation Facility (SCWRF).
Expansion 2001 to Project 725321, North County Water Reclamation Facility (NCWRF)
Rehabilitation
10110120069:0000 AM
Senior Project Manager
Date
Prepared By
Vaughn Williams, PE
Public Utilities
Public Utilities Engineering
9/18120068:50:18 AM
WasteWater Director
Date
Approved By
G. George YlImaz
Public Utilities
WasteWater
9/1812006 1 :30 PM
Approved By
Senior Project Manager
Date
Karen B. Guliani, P.E.
Public UtiliUes
Public Utilities Engineering
9119/200612:57 PM
Public Utilities Engineering Director
Date
Approved By
Roy 8. Anderson. P.E.
Public Utilities
Public Utilities Engineering
9/19/2006 5:04 PM
Operations Director
Date
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
9/20/2006 8:55 AM
James W. DeLany
PUblic Utilities Administrator
Date
Approved By
Public Utilities
Public Utilities Administration
9/25/2006 4:09 PM
OM B Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
9/2612006 7: 55 AM
App roved By
Senior ManagemenU8udget Analyst
Date
Susan Usher
County Manager's Office
Office of Management & Budget
10/21200610:54 AM
Management & Budget Director
Date
Approved By
MichElel Smykowski
County Manager's Office
Office of Management & Budget
1012120064:37 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
10/212006 7:32 PM
For B~nance U.c Only
BA#...............................
J&t.................................
BAR#.............................
A.P.H. DAle.......................
Agenda Item No. 16C6
October 10, 2006
Page 3 of 14
BUDGET AMENDMENT REQUEST
414
Fund Number
Sewer Capital Projects Fund
Fund Description
Date Prepared: 9/15/06
Approved by BCe on:
Attach Executive Summary
Item No.:
Fund Center Title:
WBS Element Title:
Expense Budget Detail
Combined Sewer Capital Projects
SCWRF Ex.p. 200 1
Fd Ctr No.: 26361.~
WBS No.: 73949 i
(J>rnyj<!e the Flmd Cenrer or WBS -llemcs" informalloD: it i. nnf """"Ired to nrovide bothT
Fund WBS Commit Commitment Item Increase Current F :,~vised
Center Eletnent Item Description (Decrease) Budget E;udl!'et
263614 739491 631400 Engineering Fees (80.000.00) $93.288.25 Si3,288.25
263614 739491 731551 ConSl1'UCtion MG (40,000.00) $49.638.30 $).638.30
-
Net Change to Budget ($120,000.00)
Fund Center Title:
WBS Element Title:
Expense Budget Detail
Combined Sewer Capital Projects
NCWRF Rehabilitation
Fd Ctr No.: 263614
WBS No.: 725321
(Provide the Fund CcnlCT or WBS element ;T\fOrrnlnion: it i. not rcanired to orollidc both)
Fund WBS Commit Commitment Item Increase Current Revised
Cente. Element Item Description (Decrease) Bud2et B ud2et
263614 725321 763100 Improvement General $120.000.00 $210,513.90 3,0.513.90
-
Net Change to Budget $120,000.00
Expense Budget Detail
Fund Center Title:
WBS Element Title'
Fd err No.:
WBS No.:
(Prnvidc the FUlld Conler or WBS element infonn.tion; it Is nol reauired lQ Dl'Ovlde both.
Fund was Commit Commitment Item Increase Current Rt~vised
Center Element Item DescriDtion (Dttrease) Bud~et BlJdl'!'et
-
-
Net Change to Budget
Revenue Budget Detail
FdCtrNo.:
WBS No.:
Agenda Item No. 16C6
October 10, 2006
Page 4 of 14
Fund Center Title:
was Element Title:
IPtovide the Fund Cenler or was r.lemCllt information" il i, nor rcauired 10 "".,vide """.
Fund WBS Commit Commitment Item Increase Current Rr.vised
Center Element Item Descriotion (Decrease) BudRet E !ld2et
-
-
Net Cbange to Budget
EXPLANATION
Why are funds needed?
Funds needed to achieve the operational readiness improvements for the NCWRF.
Wbere are funds available?
Funds are available in the same fund, a different project.
REVIEW PROCESS
(8
Cost Center Director:
Division Administrator:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
HM
HOLE MONTES
ENGINEERS, PLANNERS, SURVEYORS
Agenda Item No. 16C6
October 10, 2006
PRIORITY,SCHEEiUl~ 14
AND IMPLEMENTATION
MEMORANDUM NO.1
To:
From:
Date:
Subject:
Peter Schalt, PMP
Clifford Pepper
June 26,2006
FACILITY EVALUATION / OPERATIONAL READINESS
PRIORITY, SCHEDULE & IMPLEMENTATION: TASK SET A
NORTH COUNTY WATER RECLAMATION FACIliTY
George Yilmaz, Ph.D., Jon Pratt, Ron Benson, Ph.D., P.E.,
Dawn Barnard, Dennis Barnard
cc:
Introduction
Collier County Public Utilities Division has asked Hole Montes to perform an evaluation
of the operational readiness of the North County Water Reclamation Facility (NCWRF).
The evaluation is an inventory of all major equipment and systems including an
assessment of the equipment's condition.
The memoranda that describe the operational readiness will also identify certain tasks
needed to bring readiness to 100% status. Readiness memoranda Numbers 1 and 2 have
already issued, and they cover the North Treatment Train and the Plant Drain
Pump Stations.
This memorandum identifies the Priority, Schedule and Implementation (PSI) for the
initial set of tasks. These tasks were defined based on criteria provided by the
Wastewater Department on July 19. Subsequent PSI memoranda for additional task
sets will be issued.
Basic Priorities for Task Set A
1. Bleach storage and feed system and effluent compliance monitoring for South
Treatment Train (MLE process).
2. Bleach storage and feed system and DEP effluent compliance monitoring for North
Treatment Train (Oxidation Ditches).
3. Short term and long term relief for high flows to Plant Site Pump Station.
4. Oxidation Ditch No. 2 and Clarifiers Nos. 4 & 5 including associated sludge
pumping systems, RAS and Pre-filter Splitter Boxes, and one set of filters.
5. Oxidation Ditch NO.3 and Clarifier NO.1 including associated sludge pumping
systems and second set of filters.
6. Odor control improvements.
7. Short term solution for septage and grease pretreatment.
1 of 10
F:120060724-ps-DRAFT PSI MEMO I.doc
NCWRF Operational Readiness
Priority, Schedule & Implementation Task Set A
Collier County PUED
HOLE ~~l1~~; 1~~~
Page 6 of 14
,,~
Details of Task Set A: Descrintion. Imnlementation and Schedule
Priority TaskA-l:
Bleach storage & feed system and DEP effluent monitoring for South
Treatment Train
The operational readiness of the NCWRF depends on a functioning bleach feed system
and DEP effluent monitoring system. The Action Items needed to implement these
features was described in the Operational Readiness Memorandum NO.1 from Hole
Montes dated June 26, 2006. These Action Items provide a new control strategy for the
bleach feed pumps to improve control over residual chlorine. This strategy and the
needed components were described in the Hole Montes memorandum to PUED dated
May 17, 2006. This new strategy is to be implemented for both the North and South
Treatment Trains prior to next winter season.
Due to the emergency schedule, the discharge piping from the North and South Bleach
Facilities will utilize existing or temporary piping from the structures to the point of
application. A future project will include the permanent piping.
Priority TasksA-2 through 7
The detail description, implementation and schedule associated with these Action Items
are listed on the following pages.
Combined Schedule
A combined bar chart schedule is attached. This schedule graphically displays the
various tasks and will be helpful in identifying concurrent activities and required
resources.
Summary Comments
The operational readiness of the NCWRF is dependent on completion of the basic tasks
listed on Page 1 and the detail tasks shown on the following pages. Successful
completion of this schedule is dependent on the ability to promptly procure the
materials and outside services identified on the following pages.
As noted above and in Readiness Memoranda Nos. 1 and 2, completion of Task Set A
will create a revised bleach feed control system for each Chlorine Contact Chamber for
both the North and South Treatment Trains. These tasks will also allow treatment of
approximately 6.0 MGD through the North Treatment Trains.
The detail tasks described on the following pages have been assigned to either the
NCWRF Facility's maintenance staff or an outside contractor. This delegation oftasks is
preliminary and subject to change depending on the progress of the maintenance staff
on various tasks. If the staff runs into prolonged work due to unanticipated work, then
the outside contractor may be needed to perform additional work. Likewise, speedy
completion of work assigned to the maintenance staff may reduce the effort required
from the outside contractor.
2 of 10
F:\20060724-ps-DRAFT PSI MEMO I.doc
<D <D '7
ugr:
:~
z ,..-],
E ro
Jg
co
~~
Ol~
<(......;l
o
::I:
<
......
C])
cn
...::.::
~
Ci:l
Eo-<
l::::
o
.-
.....
Ci:l
~.....
~ l::::
C]) C])
.s S
"'i:lC])
Ci:l........
C]) 0..
~ S
'--Cl
gckS~
oC])O
..0 -a P-.
~'2.o
C])..c:: !::
o..U;:l
Ocno
I:J:... ~U
~ .-2 a;
~5~
u'Co
ZP-.U
CtJ
=
....
~
~
"'-i
=
a.l
E
~
a.l
~
~
"'-i
;:s
~
~
=
~
~
"'-i
;..
~
;..
~
Q)
=
....
;..
.s
....
=
Q
e
a.l
~
=
~
....
-
~
Q
~
"'-i
=
~
;:s
~
~
=
~
CtJ
e
~!
~~
"'tlCtJ
=~
~ a.l
~~
I~
~ ~
~~
CtJ ;..
~Q
.....
~CtJ
.... ~
;.. ~
Q ~
.t: ~
~~
..0 .
C\/.::!: .
[:::::00 e:1
>,>'-
...0...0 0\
.....CIl>,
t::1i)...o
Cl)Q)"o.....
- S I-< t::
:::l0.,0Q)
"'d ...... Q) S
Cl)OCllo.,
...c:: C" '" ......
U Q)..c 0
CZl......uC"
o I-< Q)
.....::l.......
CIl 0.,.......
;.==~
t:: ell :>
.- Q)."'"
'" U Q)
.:O~~
Op..~
...;c-iM
=
C':l
p::
=
.S
.....
.$
ca
.....
V1
=
-
<x:
-
Z
0.0
i:::
.tj)
Q) ell
'0 ..c
::c l:::
S ~
o .0
<b t::
~ 15 ::l
Ii) Q) 0
..... S U
CZl 0., >,
..j....oI~_ ..0
=::l ..... .....
Q)C" t:: i:::
dQ) Q) Q)
~ oj S
Q)"O "" '"
I-<Q) Q) -
:::l "0 I-< 'S
UQ) ::l C"
OQ) g Q)
I-< t:: I-< .......
i=l-l'O 0".....<i3
..... >, t:: ......
43 Uo;O
~CIl~SC
.S ~ ~ t Q)
$3 t:: Q) ~.~
...oOSQ)Q)
o;:;8woo
...;
c-i
=......
o 0
".0 1:5 ca
.~ S'~
U Q) 0.,
V1 I-< CIl
Cl);:l"O
QUt::
,~ 0 "'.....
5. "0 t::
.~ '" Q)
...... .0 Q) S
t) 5 ~.8<
~ 0 t:: 0
UoC"
....... Q)
Q)
...0 ..c'
..... .....-.;t
...: .t:: '0....
....;> t:: 0\
~] '" i:::
['... 1il S" 0
>,...... - ~
...0..... OOQ)
o . CIl.......
'0 0.0 -.;t Q) 0.,
Q)Q)_Uoj
.;::.: t:: 00 t:: ""
.......I-<>,Q)O
~~...o S ~
r..::= ~ ~ 8.-
CIl0.80~
Q) Q) U U ;:l
O'OO'OeIl..x:.....
t:: t:: b I-< U
ell ell t:: 0 ;:l
...o..co::.-b
UUU>>CIl
...;c-i M
o t:: >,
~ctl=
1-<...0 '"
Q) ..... t::
'OCIlI-<
I-< CIl Q)
OQ).....
....... t::
Q) ~.-
0.00'0
i::: 4'0 Q)
ell ..... :>
..cuo
U ell I-<
t:: I-< 0.,
o 1:: 0.,
...... 0 '"
t) U 60
e gpow
t::.,;:; o~::>
i:::ooOp..
0'''''' 0\ >,
U~(/l-...o
~ ]
..c 00
.8 .B';:=
~~ Q);';; ~
i::: 0.0 1il "'" "0
OJ t: rJ:J O.;j;.....__ .....
~"'o.,oo ~
::c~~~~ 5
-:S~o.,o"'" t)
.t:: ;:l '0 ..... t:: ~
;>t)Q).o8 .....rJ5
~;:l~i:::..... 5Q)
'" l=........ 0 t:: U g
t::t::"'0Q) OQ)
;.c;'05ut: ......S
I-< Q)...... 'O;:l '0
o '0.::: t:: U Q) S
0Q)'O",..c 00
uQ)'OI-<..... gsu
o t:: '" Q)'~ ...... ..x:
+J-+-,Q,)~ ~~
oo;:l......~1-< Q)O
~o~"'~ 'E~
t::..goCflI-< 0.......
o S~o. ~
;:;8 1i) S i::: ~1: ~.8
Q)?->oQ)t::$3t::u
'O~U~eIlCfl"'e
::c~~::c..g~Dt::
M
c-i
...;
M
..c
U
'"
Q)
;:0
..cQ)
...... I-<
;:loo.o
0..... t::
Cfl g'8 '0
o 1-<...0 Q)
-;;;tJrOu
~.o15 e
~a~t)
..c U I-< t::
u&:88
l!')
....
-
00
'0
Q)
:> .
-.D'''''' l!')
C\/ ~ ....
-Q)-
['...1-<0\
"Op..~
~E-<~
.::: Z 0.,
S ~ S
...0000
;:l I-< U
00 Q) UJ
UJ 'E 1::
O::;OQ)
~..x: S
0.,1-<;:l
o 0 U
1-<::'- 0
p..>>o
...;c-iM
<x:
-
z
rJ5
0::;
00
o
0.,
o
I-< t::
0., .9
I-< .....
C) U
'0 ;:l
I-< ;....
o . t::
..x:p..t::
I-< E-< 0
o Z U
~ "0 00
rJJt::~
~"'~
'" . 0.,
~q S
I-< p.. 0
o.,oou
00 C) rJJ
C) ;:l Q) .
I5gs1::2l
0'''''' 0 i:::
;:;8.0;:;8 S
C) t:: C) ;:l
o 50 g
::Cu::C'O
...;c-iM
"0
C)
~
..c
U
'"
Q)
;:0
......
o CIl
51S
...... C)
00......
C) g;,
o 00
i:::
.9
......
~
0::;
......
rJJ
t::
~- ,.4
<i3C\/...;
.~O\~
i::: Q) 0
'" U ....
...0 t:: Q)
U C) ......
C) S C)
SsP..
o 0 S
rJJ U 0
q t:: U
p..!3.8
~ 1: 1:
rJJ 0 0
~~~
...;
I-<
o
.....
U
'"
I-<
.....
t::
o
U
t::
o
"-e
;:l
I-<
......
UJ
t::
o
U
~
.....
;:l
o
.....
q
p..
~"ri
"C C\S
C) I-<
...... .....
'" t::
S 8
'0.......
~ ~
Q) 0
S ~
0';::: ~
C) C)
;:l'O
~ g
"C; ~
......8
.o~
Sb
o 5
U U
....
C\/ .
_ ['...
0\0
i:::-
o ~
1:>'
0...0
~1:
..... 0
~ ~
tnZ3
0''''''
...... C)
tl::t)
eIl-
.....0.,
00 s
Co
o U
;:l'O
o 0
U '"
c-i
...;
<i3
t::.~
..9 -t
~~
~w
t5 ~
o C\/ .
''''''_1./':)
<i3 0\ ....
U C)-
...... U 0
I-< t:: ....
t) C) C)
~St)
C) S P..
~ 0 S
U 0
qt::u
p..!3.8
~ 1: 1:
rJJ 0 0
$~~
c-i
c-i
....:
U
o '"
...... I-<
ci15
.0
p.. U
",ca
'C: ;:l
~ a
ell '"
S I-<
'0 Q)
0'0
'" 5
C) I-<
S.8
".0 ~
Q) I-<
~15
.~ 8
0.......
..... '"
.o.~
t::b
;:l U
o C)
UQ)
c-i
5 '0 0.0 C)
.... i::: 0 ~ '0 '0 _
1il ~ '0..:::- 0 0 0.,
;:::: "0 ...... "o.::c ell '" S
~ :.&l ~~ o.,.€ ~ ~ 1;5
i::: 00 C) > ...... "O'C: ~ '0
...... 0., C) ;> 0...... 0 C) .....
d4'oC)....."'O_N.....
0::; "" >.. ";j 0 I-<..c >, '"
U ;:l I-,';S'''''' .8 U <i3 on
'8 0., ~...... 1il "0::; 0 I-<
"'~Ooo;::::~;:l"',..:!:lCll
..g Q) o.,~ '" Q)'Op.. ~~
Q) i::: S.... t:: t) 'tj) ~ "" 5
;:;8'O~~..5S~01;5o..
tl:: .8 0 .;.
'" I-<t) .....w
+J 0(1)23 ~o
rJJ t) t:: i:::...... 0 I-<
~~'f "'i:::Q)8t)15
t::t::0 ~8~1::~8
~......z 0"01-,0...........
Q)O..... Ui:::.....Ut::.....
I5t'" oell~~80
...... '" rJJ 0 Q)...... .. ...... u~
ell 0.,::: 1-<..........
oj ..... '';:;...... 0.0 Q) ..... '^
"" - Q) U > 0 ~ C) ~~
0::; S ;:l;>.'''''' 0 S e
~ t:: ;:l db;::::.~ 0..;:l,.9
;:l t:: b'~ ~ $3 s..c b g:
o'~ ~ I-< 0 ~ Q):~ ~ Q)
U ..... ...... E-< u...... I-< ;> ..... '0
...;
"0.0
o .
0'';:; i:::
+-I tIJ.-
'0...... '"
o ~ ~
"'. .....
.......-i:::
~~Cl)
..... I-< S
~ ..s .....
...... '"
o t:: Q)
......9~
tl::t)...o
$3Q)t
UJ t:: 0
~5z
o U Q)
"'-...0
013.....
Q) ...... +-I
...... I-< '"
i:::......
.~ ~ ~
S Q) ~
.o~ S
o'~ 2
58t::
U o.,.S
...;
....:
o U
..... '"
.1-<
0......
.t::
p.. 8
~c;
I-< ;:l
Q) 0
1il 0
S ~
]~
'" 0
Q) ;:l
S 5
"-= t)
Q) '"
;:l I-<
~~
...... 0
o U
..... CIl
.0'0
gb
o 0
U 8
M
~
....
....
o~
'" Q)
Ue
..x: S
I-< 0
~ u
_"0
o 0
b '"
g~
Uo-
o ....
CIl Q)
cig
c.: Q)
C) S
;:l S
00 0
~ U
M
M
o
.......
"-'
o
<"'"l
u
o
"C!
o
::E
c.l
::E
Vi
"'"
f-o
u.
-<
..:
~
'i'<
'"
N
t-
o
~
o
o
::J
~
tO~
U
to..
"'-:~
~~,~
E C1l
~
C1l
-g:;g
0)
Ol~
~....:l
o
::c:
-<
~
0'1
~
co
~
!::
o
.....
....
CO
rJl'E
rJl (])
~ a
..... (])
'i:l.......
co 0..
(]) a
0:::_0
"";~~
g~~
..... ;:j......
~ '"0 .0
I-< (]) !::
~ ij ;:j
00'10
~u
~ .0 I-<
'.- (])
1-<.....
o~
U'~ 0
Zp.,u
Q)
.. ::
~..s
~'\':l
.:ce
tI)
~ E
~!
.... oW
;. ;.
.S Q
~~
...
. - Q)
~ 0\ '"0 t)
-Q)I::-
OO....o:Ip.
Q) ~ ~
"'00. 0 I:;
~8~13
00'Q) 0 0\ 23
C>l <:) <:) Q) I::
[::: ~ 23 t) Cl)
Q) p...1::0.8
"31$f-;Cl)8e
'"t::l~z800
Q) .... cId ::l U '"0
-58 1:5t:Q)
CI).g~"'Oo~
CI;~ ~ fr..;::
<I) I-< 0:1 1-<_
cao.g.I::"'O 0
~ ~ .... .~ S M
g.o~~a:l-:::'
I-< '> .... CI <I) ...
p...;>~
...<C'lM.f
::
Q
..r::
~
....
II:l
~
~
!
....
II:l
oW
e
~
Q
oW
tI)
S
Q
~
~
....
~
;.
~
~
....
.....
~
;.
E
!
~
E:
J::::
o
.~
~
t)
1::<
--
z
I:lO
d I::
o ..9
..::: "'0 cL
::l I:: <I)
'00:10:1
<I) t:.g.
1::80"'0
.~ a:; fr I::
t).... I-< 0
::l t: I:: a:l
Q) 0 . t1 ..8 .~ ~
cI.l.;.::p...I::'f~..8
....~E-<13~"'O<I)
J:::: ~ Z <I) 0:1 ~ ~
Q) "'OCl)..c....Q)
S ~ I:: t) p.~ 8
Q)I-<~o.tip.::l
~ ~q 8 J:: ~ 1:5
g I-< p... 8 I-< U"'O I::
r...o..<I)<I)..8C1;I::O
". <I) Cl) Q) 0....
..... oS ::l oS 23 ~''::: ~
I::gsl:: I:: OU_
0.... 0 Cl)::E 8 ~
::E .o::E 8 Q) ti I::
Q)1::Cl)::l......I::c:
-::lo1:5ooQ)
o 0::C:"'O::C:u....
::c:u .
"d"
...<C'lM
I::
o
....
~
~
ti
I::
....
c:a ~ .
U-L()
.... 0\ ...
I::Q)_
o:IuO\
..c1::Q)
<:)Cl)....
Cl) 8 Q)
880.
008
~ U 8
q~.s
p... <:)
Q)';'::~
::l I-< 0
~~:s:
C>l
...<
I::
.:2 I-<
t) 0
::It)
.fj e
CI;....
I:: I::
o 0
U <:)
.0
....
:;:::
....
::l
o
....
q
p...
cat
.C e
oS~
0:1 0
8 u
"'0......
I:: 0:1
0:1 ::l
I::
Cl) I::
8 0:1
.... I-<
..... Q)
Q)"'O
::l I::
gs ::l
.... l-<
o 0
....t)
.00:1
I:: I-<
::l~
o 0
U U
l-<
Q)
~
Cl) I:lO I::
<I) I:: 0
.o.!::..:::
';> Q) 0:1
e~ti5
l:lO~o..
'OCl8
I:: 0 ::l
o....p...
".::: ~ ~
~ 0.-,
cace::s:l
ti ~'8
.$0P=l
I::
"'05
1::.;.::
0:1 l-<
130 0
.... ~ M
1::1:: _
0:1 0 ...
-5''::: 0 oS
Q)..::s M~
8ca_p.
o ti ::l 8
~.S ~ 8
q135.s
p....!:: 8.;.::
:gt)8~
<l)Cl)0,>
$'Q3u;>
...<
C'l
I::
.:2 l-<
t) 0
::It)
l-< 0:1
.... I-<
<I)....
I:: I::
o 0
U U
l-<
Q)
';'::1-<"'0
l-< Q) I::
~"'O ::l
.. I:: l-<
<I) ::l 0
-""'" CI,) t)
...r:::1::0:I
.... 0 l-<
t:~ "'0 ~
o Q) 0
p...c U
~ ~.o
s::: I""""'l.......
1:lO1:::;:::
'rii ;: ~
Q) I:: 0
"'OQ)....
...... 8 .
oCl)q
....up...
"30:1......
~ 0..;;: +ol
l-< Cl) l-< U
I-< Q) 0:1
I:: p..... l-<
o 8 0:1....
1:lO::l8S
.S p."'O U
"'O......l::ca
1::.... 0:1 ::l
Q)~Q)I::
P.1?81::
~ 8',::: C';1
o
-
.....
o
'<T
u
o
"t:!
E
Cl)
....
I:lO
I::
o
-
'0
I::
o
't
8 S
t)..;j
I:: ::l
0-
u~
o
:E
\.1.l
:E
;;;
~
f-
f.l-
~
q
'"
0-
.,J.
N
t-
o
'-D
o
o
!;:l
!i;
c.oc.o.<;t
ugr
~czo
~f~
E ('Ij
~
('Ij
~~
O)~
<(~
o
~
~
......
a)
rn
~
VJ
ro
~
::::
o
......
......
ro
VJ......
VJ ::::
a) Q)
:::: E
;.a a)
ro-
a) 0..
~ E
"""-0
g~~
Oa)~
'.0 "5 Po<
ro "'t:l >--
;... a) .......
a)..c: ::::
o..u;:j
Orno
~ iS~
:> 'C .:B
;;>0-
u......o
z~u
~...
Q
Cl:l
;..
~
....
.....
.....
......
~
~
:f
~
~
~
~
Q)
I::
.....
~
::l
~
~
~
::l
......
~
"5
.....
s
~
~
~~
~~
~~
~~
~....
!5~
;.. ~
,.g I::
Co) Q
"'t:l"'t:l
I:: I::
Q Q
~ ~
. Q
-. ~ Cl:l
~~ ;..
I .::: ~
~~:t:::
.:.c .,:: ::::l
~~~
~ I:: ;..
~.S ~
...............
..... Q......
5"'t:l~
";:: .Ok ~
~ ~
00
t
<\l >. .S
0.. ,..Cl 00
~'""o ~.
<\l Q) ...c:.....
~] 00 d
a.Jgpgj 8E
'3 '.0 i@ 1: C'J
"0 .;!! 00 0 ...c:
15 ~t ~.B
<:.)...... <\l ::;;;'0-
U) 0 0.. ,~
C ~ 2 8
0'""0 Q).....
...... $,....j I""""""l ~
&3 0 ,..; ~{l
:> '""0 M ;::;.-
::: :::.........."~ O~
...... <\l~.......
,..; c-J
l::: Q)
CIl g
'il:<\l
s:: &3
. SZ i::
.... .-
CIl <\l
:::::: S
.s.o
VJ :::
s::~:::::
...... 0 <\l
C)1;)
~
a.J
....
U)
....
l:::
a.J
a
a.J
~
;:j
<:.)
o
~
j:l.,
Q)
00 ::: 0
<\l ~ .... 00
<J} U'""o gp
~ .... Q).....
.::: ..s ] P..
Q) ~ Q) Cll ~
.... Cll 0.0::: 0
~,..Cl :::...... <..l
15 '""0 <\l::: Q) .
....::: t Q) g 00
o..<\l <\lS-gp
o 00 0 0.. !2-.-
...... b.O -+-'.-........ J-t
>-.:::"C:i>-.~":::'<\l
............ Q) ....... 0".... Cll
::: P..'"C:l ::: Cll.-,..Cl
~~Cll~'"C:l2.'"C:l
88gj8~~~
,..; c-J
00 '""0 '""0
0.0 :::::: '"C:l
I: <\l <\l '""0...... Cll
'C 00 '"C:l I: 0 '"C:l
.S <\l g :::: ::: r1i <\l Cll I:
_ ~ '0 0.. <\l:::oo o.oCll
'-' - 00 .... ~o"" <\lS
Cll '"C:l 0.0 C'J 0 '2'';:: 0 ~ ~
,..Cl I: S C'J ...... _._...... _;::;
'C <\l ;..... <r; 0 Q) '"C:l 0 0.. 0
<..l 00 g.o S Cll::: S S U
~ 0.0 0":::' Cll :::01: <\l~
....'"C:l '_= u,""" .~ oouo '""0
.... - 00 ;::; <\l '""0 I:'~' en
.SZ i@ g. "@ :::: .B ~ 00 Cll ~ <\l Cll '"C:l 0.0
_8 C'J 0 ......::: Cll~ I: ~ ~ ~ Cll S ~ .S
'C ...c: <..l ~ ~ 00 .- "0 s::: ~ t) gj ~
<:.).B",~ 00 ~gp S,..Cl2 '=:~I:~
VJ .- CII <\l 'r, '+< ......'"'- .~ _.... 0.... _
a.Jo.............c: - ~~ '""o~"" :>_00......
Ci I: \0 00 ~ ~ ..... 0 ::: ~'(; ::: <\l <\l
>- 0....... ~ 0.. ....0 :-:.. .... <\l..... a -D ~ ~ Q)
:!::: .- 0 Cij 00 "'" 0.0 Cll ;::; 0 00
'S: ~ ..... - oS S '0 I: ~ ~] 1J 1;) "0 ~
',p :'S 0 fr . '"C:l ~ .... .9 ~ .8 '""0 00.= a 5'0
<:.)~z....ooQ).... g~r1i~~gj :::~....oo
<r; 0 .... 1::-;::._ ...... I: .... Q).... ._ 0.0..... 00
o 0 0 <\l ~ ,.; t+:1 Cll 0 ~ ...."" ...... ~ <\l Cll
~ d.............c ~""d~.. b.O ........ w ~ ro c.. C)
..s ;::; '"C:l ~ _ ::: O.S Cll'.o 0.0 <..l::: . .... ....0 Q) ~
Cll ::: <..l '-' 0 0 00 :> ~ Q) 00 ~ 00 Cll ~ Q)
~::8~~t)<..lC'J~Q)15~~~~~"O Cll
;::; .... ::l....C'J :>-u-'""oo S.:>
2 ~'(; iZ '""0 'ca <r; ::: 0 .....e"@.-,..Cl ~ ~ 0
"""Q)0..~:::o..o~a~,..Cl:::6~~1JEa
8~~~8~::8u~"03et~~~~~
..0 ro
C)Q.)~ ,.-...,r-.. .....-..,-.. .-.
<r;~..::, ~-:3 .:!.!B ~
""'"
~
'--'
,..;
..........
o
.....
E
<J}
a
Cll
......
......
I:
.9
....
<..l
<r;
Cll
......
Q)
P..
aIo
C)
Q)
<..l
:::
~
I:
Q)
......
I:
'(;
S
.0
a:::::
o <\l
C)1;)
.... 1;>
..ss:::
00 <J} 0
tQ)o.o.
~ <..l I: 0.0
::l.. ':;;.- I:
Cll '"C:l.....
. '"C:l I: 1;)
'"C:l Q) Q)
Q),""oo......
~ <\l Q) '"C:l
0..0'""0-
OrJ ~ "0 JS
.;::~f::~
::: 0..... 0
~ Cll ::l 00
Cll ::l O".=:
I: 0" ~ ::l
o .... Cll 00
z .8,..Cl ~
o
......
"-<
o
tr)
""'"
00
'--'
00
0.0
I:
'C
::: Cll ~
......~ Cll
'"C:l....::: d
15 ~ .Q"@ .9
'C "0 g;,..Cl ~
1il a <r; ..S ~
Q) Q)''""O~ 0..
'"C:l ~ gp~ a . 0
i@ ...c:'(jj gj t) C -D
L() ~.;!!::: & .g. .,:g
]",i@a~~ ..sSr'ai
~ C'J ~ ~ S''''' .E.;!! ~.~
V"""""<\lo.oCll'"C:l <\l:::'"C:lQ)
~~Q):::1;)~1;)oolJ:::'""O
Q) 0 Cll'';:: >....... e.;!! u <\l '"C:l
t+:l ~ ~ Cd tI) oa I""""""l Q) ~ ro
.C 0 ~.9 gf::: ~ ~ 8 ~ ~
~ z ~ ......... Cll Q) 00 S ~ Cll
C) 0 a 2 ~.~ ~ ::: 0 .... 0:>
.... <J} Cll 0.... ~...._
o S...c: '""0 <..l '""0 ~ ;::;.............. Cll
'+< Q) rn 00 Cll Cll'+<E ~~::l
rn::8 e..... :> ...... Cll 0 ~ 0"
S b.O".;jrouu$..t:::::~
Cll ~,..Cl.S ~.::l ~..Q::: 5 ......
.::: Cll ~ .... ...... ..E '"C:l'C <\l ......
::: .s;;; ~ 8 ::l ::: ~ ~ s ~
0'""0;> <..l 0.......< ~.....-c)i:r..t-<
0.0 ttI
u Cll ""'"
<~..::,
o
~
t..r.;
~
(;;
Q.,
'-
G..
~
9
'"
0.
,J-
N
t-
o
.-0
o
o
S:J
r.;.;
()
o
~
""'"
C'J
'--'
.....-....-..,..-.....-..
MVL()IQ
'-"''''''-''''-''''---'
tOc.-
o
to
..- '
~=,~
E OJ
Q) ell
==
ctl
~~
Ol~
<(~
o
::c:
<
....
CI)
rn
~
rJ)
C':l
~
l::
o
.....
....
C\l
rJ)....
rJ) l::
CI) CI)
.S S
"'0 CI)
C\l.......
~S
..............0
C':l~~
8(1):;::J
'';:: '"3 i=l-<
C':l "'0 >,.
.... CI) .j...l'
CI).c: l::
Au::;;
Orno
-.t.l1 :6 ~
'C .~
~o""'"
u.-o
ZP::u
;::: m
.Sl 0.0 .~ J,.~ .....
ti;::: >. ..::::;...."Q)$
~~ 00.0 ~ ~ 8 0.0
m cd.S ~ u: ~ ~ ..8
.S ':'i5.....9:l m.o 0 ~
~g},:=og. gpmt+:::O
~ ~..... 0) 4-< 0.
O);:::;:::uo ~0.(00)
]3 ~'~.:t::: U cd:=;::: ~
....,0) cdO) 15cdo~
~ ".:: 15 ~ .0 0.0..... 0
.......... 0 ~"'O~t+:::
U 'e.; Om "'0..... "'0;::: ~ -"
ClJdo.;:::;::: O)eIl~~"""
~8cdO O)m-
~ := 00 '.0 ;::: gp B
t:: 0. '"1i3 U . =..... ~ C,,) .
0_ 0) 0) Uj cd i5........Cf.l Uj
't: '"1i3 m ~~ ~ :='C "'0 ....
~4-<~;:::O;:::o~S~
_oo................u......""....
...;
C'i
M
;::: 0)
ell u
...... ;:::
p... cd
:::: a1
.g d
~ "a
~ 8
......0
CIl ;:::
:::::=It:
- 0 cd
u~
m
t
cd
Cl-.
~
0) d.
..... OUj
CIJ 0) 'il ~
'E .0 0.0 0) 0
0) 0C: 0.""
c:! ......c ~ >.
~ !3 :=......0
""' ~ "'0 0) "'0
;:: ~"'O u 0)
..... ..... 0) ;::: ~
g 1$.S ~ ~
~.!: ;:.1 .r:l ~
:= C ;::: 0)
0" ~ 'e.; .0
~~8.8
.8 -d
- "'0 _ 0)
"0 ;:::cd"'O.
0) eIl.~ ~ S ~ .3
:9 S ~ c:.,;:: - 0)
~ 'il..ggj~o..~ 61
0) 0) ~ 0) d m cd
"0 ~ d..... 0. ~ m 8
m~cdO:=o. 4-<
gj ;:::~o.d0.8 0
:::: m ..... 0 ~ E Cf.l :=-d
o 0. u o.o-t+:: < 0. 0) S
..... 8 'OO.S ~ ;::: 0::: 0"'0.,;::
~ cd~cdO~""'~cd'
.:::- s.. .0 u --=:. u 0 >.;::: ~ Cf.l
~ cd cd ""''''0 """ - .0 <
iil ~ ~ 0) ':'~ ;::: ~ g; gj ~ ~
0) ;; ..::.::: m cd:>:= m U
Cl i> \0 ~ gp I)() ~...9:l m ~"'O]
:> "'0...... 0)..... ;::: :> 0) ~ := ;::: cd
:!::;::: 0 ~ ~:.='"1i3:>..... cd cd
';> ell .... "'0 ~ 0. ... '"1i3 cd 0.0;::: Cf.l
.- Cf.l o' -;::::.0 :=...... :> :: 0) 0 <
..... < ........... 0....... ~ ~..... 0:::
~o:::Z,g 0 U 9~ O):=~ ~
~ 0 m O)~ 'E5~ g.~~.2
.280.g,..l:l,..l:lu~~0'~
0)8cdmmOo.o.OO)
~::g:= c:"'O 0).....;:.1 0) 8.....
~ m 0. ~ ;:::.~ ~ C U ~ ~O)
.r:l "',..l:l ;::: cd ~'e.; t+:: ..:g t+::
...... 0) u..... - 0) 0.;::: 0.;:::
S;@~s~~~8~8~
-;:: ro
<~3
,.....,
C'l
'-'
,.....,,.....,,.....,
M<;t"Uj
'-' '-' '-'
J,
....
-
o
....
>.
.0
m
8
0)
.....
......
c:
o
.~
S
~
-g
0)
Cl-.
0)
U
;:::
cd
;:::
0)
.....
;:::
'e.;
s
.0
Slt:
o cd
C,,)~
-d
0)
~
0.
:g
.....
;:::
cd
0)
;:::
o
Z
.S ~
"'0 g.
15 ~ "'0
'C "'0;:::
U ;::: cd
~ cd S ~
"'0 ;:::'';:: ~
m 0 cd ~
cd '.0 ~ 0)
~ ~ ~ ~
!Xl~ ~ 8..9
~ C\I 0 .....
0) _
:tj \0 ~ t+:: .~
~'O . ~ . c: ~
..... _ '" 0;:::
Cf.l....~u~uo.o
Cf.loB]~]eIl
~ Z g cd.!: ell ~
~gB~~~o
.2~"':=;>:=;:::
0)0).....4-<.....0
m "'" -<:j U 0 u.....
S""'+:J20.02~
O)fJl;:::.....;:::.....~
.....~cdm:.=fJl'O
~=Q)=~:::::;..:::
s;.aCJ1i: gs~ ~
.p t"d r--.'-" .--...
<~..=,~ .:3
m
8
0)
,=: 0.
;::: .8
.Sl m
~ ~
0) ;:::
0) 4-<
~ 0
,..l:l >'.
..... ~.Uj
'E .::: ~
It:: Q)~
d "'0 >.
~...;;:::.o
.2~'e.; m
$...t~+..lQ)
0) >..0 ~
Cl-..oOo.o
...; C'i
0)
U
;:::
ell
;:::
0)
.....
;:::
.....
ell
8
.0
;:::It:
:= cd
0.....
C,,) m
4-<
4-< . 0
o ~.S . ~
;:::.2cdC\lcd
o ~ l,..l:l
..... 8 Eo-< < U
~O)""'~~
_ ..... ;::: fJl:= .
o.fJl 0) ell 0.'"
S~SE-<O)~
8"'O~.og~
0) 0)..... cd
fJlo)~~;:::o.
~ """ Eo-<..... 0) 0
.....,..l:l,..l:l ~..... ~
:= ~ t ~.S :>
O"O)OO)cd;>
~:czJ5::g~
...;
C'i
"0 1$ .
.S 0) ~ >. '0
.- ~ "'0 '"C ~
~ ,..l:l ......0) ,..l:l0) .....
0) t O~ U 0. ::::
~ 0 ....,..l:l ~p ~
t> ;::: oU :cs.. "'"
~ ;::: ><'';:: ~ 0) fJl ~
"0 0) 0 U - ,..l:l ..... 0
'" 0) !Xl 0).0 ..... 0.0 ~
cd ~ ~ a "'0 0 .S CIl
>< 0)0)00) .....0. ~
o .o.:E U ~ ..a'a E
!Xl gpi5..~ g. .g;:.1 ra
~ ..... Cf.l'S: ~ ~ C ~
:tj ..9< ~ 0 0. ~ t+:: .Q
..... \0 0. ~ ~ ~ fJl;::: ~
i5..C'l"'O-0.0 cdO CIl
Cf.l~0)~.0.0 ~C,,) 0)
~ 4-< ~ ~ .o.S fJl. ~
~O,..l:l~i-S~ @C b.()
ti5 .... U "'0 ~':;:a ..... 0 0..
cLo~;:::""'o) "'Oti .g
~ Z:O eIl,..l:l ~ ...c::: ~ ~.
Cl-. 0 ..... .0 ~ ~ ~ .~ ~
E)8~;S~.~ Q)~ OJ
4=<O).....U'OO) :OfJl ::::
~::g ~ ~ -:s.8 . 8'~ -d .$
~O) fJl:=,..l:l ~ o.ofJl ~ 0.(0)....,
..... fJl '" U 0 ;::: o.t+:: ;::: ~ ;>
...... 0) '" cd ;:::..... 8 ;:::..... := 0
;:::.S ~...9:l :::: .8<:= 0.8< ~ ~
o "'0 ~.o""" 0. 0.C,,) 0. fJl Cl-.
..;j Cd.-. ~ ,......., .-.
U~.... C\I M <;t"
<.....'-' '-' '-' '-'
~ .0
Uj fJl ~;:::
.... 0) "0
_..... 8 0)
00 ~ :="'0
~ S~ :: ~
,9 0) ~ 0;:::
~U 4=<",
~ .t::: 1l ~ cd
"'O!:,cd ~,$
J-;O)o.o ~o
o '" c: 0 ~
~ --~ "S ~ ~
~~~ ~8
~ B-n l:;"'O
:=~;:.1J,:=~
0...... C .... 0. cd
0) := 0 _ 0) .....
:=~'t:O\::l1$
~8~S~8
...;
C'i
M
0) "'0
U _
;::: 0)
cd t+::
;::: .fJl
2 J-; ~
.s ~-.=
cd :=.s
8"Oti;:::
.0;::: ~ 0)
;::: ell := ~
:=It: ;::: ~
Ocdello.
C,,)~::E~
o
.....
~ ~ .:.
""" "E€
~8gp O)o~
"'OO'C -
~..;:::= fJl ~
0)0)"'0 ~.2
fJl U ~ U ~
cd ;::: 0) E:i ~
..g.sE:i 0.:=
E:i .~ ti ~ ti
0. fJl ~ 00'';:: ~
cd := ;::: ;::: :=
~::s ~'.g 2 ~
~~8~~8
...;
C'i
.S ~
Q) ......
~ ;:::.0
~ ~ 8-5
~ ,..l:lO)cd
U U~O)
~ ckl>'~
"'0 '" ~..s
gj ,..l:l,g '"
.... gp;:::~
o 8 0 ~
Z .....u>..
.:i ~ fJl ~
~ .,0 "'0 ~ 0. S
B C\I 0) c: 8.,;::
U_80):=cd
:=\0 o.~
.Jj 4-< 8 .8 "'0 s:
Cf.lOOfJlC:C
~""..Jj~cd~
~o~~[i::=
..... Z 0 ~ 0.0,;:S
~ '.0 0) "'0 ~
~ g.s ~'C'~
.2~O):>.o'"
0) 0.0 ;> J-;
m""'O).....O'OO)
8 "'" :> U ;:::.....
en := :.== r.:::
0)",;:::"'00)-
'=:0)~C::>E:i
;::: .S ~ UO ~ 0
0"'0 '"" ..... '+'<
..= co
C".)Q)'-"'--"
<o:::..=,-':!'
o
......
......
o
\0
o
o
"'!
o
:E
W:.J
:E
v;
0..
r-
....
~
q
'"
'i"
"<t
N
t-
o
'"
o
o
s:J
:.i.:
(0 CD '<t
()~
~CZO
~r~
E OJ
~ CO
CO
]~
OJ~
~.....:l
o
::r:
<::
.....
Q)
cr.l
~
V)
ro
E-;
l::
o
.-
.....
ro
V).....
V) l::
Q) Cl)
.5 a
""OCl)
ro.......
Q) 0..
~ a
...-.......Q
ro<k$~
gQ)~
'.;j '3 P-.
ro '"'Cl >-
.... Q) -!->'
Q)...c:: l::
0..1:.l~
Ocr.lO
~ ~u
~ .-6' 53
~8~
u.-.......
Z....o
P-.U
00
al
00
"0
I-!
.....
~
o
(,)
<kl
00
0...
osg
M~_
....... 0......
O\~....
~Q)>'
al~...c
...t::......."'O
............ Q)
l-!al"'O
2ti)~
,$.5~
v
u?
....
-
....
....
>,
...c
bO
s:::
'2
<:ll
Q)
(J
Q)
.....
Q)
0.
S
. 0
l!JU
Q)
(,)
s:::
<:ll
s:::
Q)
.....
s:::
.~
S
.0
51::=
o <:ll
uti)
o::t:
-
z
00
al
....
o
z.
I-! \0
Q) C'l
...c-
s:::
<:ll 0
..s:::....
U.
..... 0
~z
..... 0 .
ass
UQ)O
Q)~:jj
s::: 00 0
'C oo...c
0Q)"'O
:a.S s:::
u'"g~
I-!Q).......
...90:::c:3
s.S~
2"'0 s:::
...... Q) <:ll
s::::9 .....
.9 tl @
u~..:B
o::t:"'OU
~
.!
....
....
~
~
"-'
Cl.l
rIl
~
=.::
Q
c:.I
Cl.l
rIl
~
=.::
I::l
e
~
rIl
::3)
rIl
Ol
=.::
....
~
::l
~
Cl.l
~
::l
....
rIl
oS
....
:3
"'"
~
;..
Cl.l
S
;..
I::l
W
~
=.::
I::l
~
It;~
'..:::
~ c:.I
..:c.-=:
rIlCl
~ =.::
~.~
.... I::l
s~
..... .....
ct~
s:::
.9
.....
<:ll
"'0
0) .>;:
...-0
=' s:::
"0 .-
0)';'::
...I:: I-!
C) 0 .
CZl~":::"
.......0
c:3;'
2...c
":::M
o....s:::
S,8
0.-
uo
s::: Q)
ctl g
E: o:l
s::: E3
.S -=
..... .-
ctl <:ll
;::::: E
.;:g.o
en s:::
S:::_I::=
...... 0 o:l
uti)
8-
Q)
.....
CZl
.....
s:::
0)
8
0)
....
='
C)
o
....
0...
o::t:
-
z
"'0
"'0 "'0 ......Q)
s::: . S 0 "'0
.S o:l CI) '" Q) s:::
..... bOQ)
"'0 . .... 00 o:l ~
Q) 'X.9 ~ ;.., >:::
...c ~..... ..... Q) ~
"'0'- 0 0.. >:::
'6 ~] s s 8
gs s::: 0 ~ al ~
s:::"'O ooC,)o "'000
o 00 al "'0 Q) s::: .I-!......; r:i
.... o:l 00 Q) C,) o:l Q) ..... ""
~- I-!oe?s::: I-!Q)S:::
..... '" Q) o:l ~ ~ "'0 'C
'1:: ..s::: "0 ~ s::: o:l t) Q) al
C)C,),o~J;;Q) .....o:lQ)Q)
;R'-::: C'l >:::..s;.....s::: "0 """ S:::...c
",,"'" ..... _ ..... ~ CI).....
o 1-/ - '-' CI)'- ...- s::: o:l o:l
s:::\Os::::::~ ~so:l~Q)
~ 0...... o:l._ J;; _
.!:- .- 0 00 Q) 0 CI)
.~ ~ .... Q) E 1$ il ti) "0 ~
'';:: "g o' ~ .8 '"0 . s::: ~ 5b
c)'x ...c o:l Q) bO'- >:::
~oZI-!I-!Q) s:::o:ll-!CI)
;.., 0 ~ ~ s::: '.+:l gp'~ gs
...9EbO(,)2 .~~fr~
oo~2:Bo:lgs~""'0:::Q)
E~ o:l Q) X 0 0 Q)
2 12'~ ~ :-sz .3..::: s ~ 1;
...... Q)...c s::: 1; a:.ail.=: s
a~.323::~~~~~
.+:l o:l
(,) Q)'-"
o::t:0:::0
,-.,
C'l
'-'
"'0
s:::
o:l
s::: >,
o ...c
--5 . t
Q) l!J al
g...:::.. 0..
s:::0"'O
__ 1"""< Q)
C >''''0
o...c ~
..... CI) s:::
C,) S
,zs22
s...... o:l
;.., s:::::::: ci
..g .9 19 M
Q)t)oo-
P-.o::t:.5;::!
...; C'i
Q)
(,)
s:::
o:l
s:::
Q)
.....
~
.~
S
.0
51::=
o o:l
uti)
;.., .....'"0......
...9 ?tl~o
~ ~ c:3 0'- 00
~ J;; Q)....... ~ .....
"'0 0 00 5) 0";3
~<l::~ s:::~~gs
Q)Q)4'< sOQ)1-!
OOC,)I-! ~Q)...cs:::
o:lS:::Q) .......&>,0.
ill95d8l-!o:lbOgf
~ .~ t) 0 S-.l 0 e s:=".o
5. 12,zs'.+:l...9 -::: CI);a gs
Q) o:l ~ ~ 00 0 ~ ::: .....
~:9 s::: 0.. t: ~':> ~:9
00 Q) o:l 00 o:l s::: Q) Q) Q)
~ ~ E.S P-. o:l "'0 "'0 ~
...;
C'i
,-.,
M
'-'
00
c.o
12 .S
Q) ;..,
s::: Q) o:l
;a'5 15
~ C,) >, :::::
0::: 20..2 d
..... 0 0.. ._0
.:::: ao::t: ..S .....
"'0 Q)' "'0 o:l ~
15 5) gf~ s >- ~
'C ...t::"oo ~ "t) ~,. 0
1i5 ~.~::: ~ ..... ,;.::
Q) 00 S - C,). (,)
"'0 o:l i@~ ,zsSQ)a)
CIl ~ ~ E'- .~ .~ il .~
o:l o:lc.oQ)"'O ~S:::"'OQ)
I"""! - """"" =.J tI1 ct1 '"t:I
I-! ~.S ~ o:l CIl CI) il @ '"0
~ 1n ~ oo:~ 8.- Q) ~ ~
.- ....... I-! c.o:::-c:3 S Q) 0
I-! ........o:::~aQ) .....'1::
,$ \0 al'C.- Q) Q) CIl S ~ Q)
U ~ ~ 2 ~o'~ ~ s::: 2 ..... 1;
I-!\O Q) I-!I-! ......0::::
...9 ...... ...t:: "'0 (,) "'0 0 ~ CIl'~ Q)
CIl 0 ~.~ g: 2 4'< "0 c.o;S &
e ~ ~ b.O"';:: C'd ~ U ~:::: ~
2 0 ~.s ~.~ ~.o::: 5 .8
- Z .!:: ~ "0 ..c "'O'C al....... 1;5
s:::0>01-!~S:::~"::::-;:::Q)
.9 E ;> (,) o.......:l o:l ...- U ~ E-<
t)Q),..-... ,,-.... .-...-..,.-.,.-.
o::t:~0 ~ ~$~::3
o
......
......
o
r-
u
"
""!
o
:2:
UJ
:2:
c;:;
l>.
f-
u..
-<
",;
~
0.
.J.
N
I"-
o
'00
o
o
::J
~
<.0--""
<.:
c.c. J
~,~
E Cl
~ co
co
~~
Cl~
<(....:l
o
::c
<
ol-'
Q)
cn
...::.::
(I)
C'.:l
E--
s:::
o
.....
ol-'
C'.:l
(l)ol-'
(I) s:::
Q) Q)
.s S
'"C:!Q)
C'.:lo..
~ S
........-0
~~~
OQ)::J
'.0 "3 (:l.;
C'.:l "'d >,.
l-< Q) +--'
Q)..c: s:::
o..t,);::l
Ocne
~~~
.;:: .~
0-
U..... '0
Z~u
CI)
I;)
d
CI)
E
CilE
I;) 8 ,..;
'S d -
Q) CIl CIl :::
"3{31;) CI)
"'dCl)~ ~
Q)Eo -
"50~ S'
cntlld 0
q.g I;)
p.,CIl B
CI)::::: ,.!:<;
;::i.s . I-<
tIl tIl .... 0
tIl d-!:>
~.~ 0\1.7>
,..;
c:-J
s:::
C':l
~
s:::
.S:: d
ol-' 0
C':l.... I-<
;::::t)o
C':l ;::i t)
t;.fj~
.E~'E
8 8
rn
~~ ~
(J5 ~.€ g
..... d r;::: d
s::: I:; ..... CIl
Q) .~ ;::i I-<
SCl)B~
Q) ;::i . d
l-< gs 0 ;::i
;::s.... .
C) 0 p., t;
O.................o+J
~ ~.~ ~ ~
dCl).fj.fj
;::i..... d d
81388
.S S ~
~ ~~ .~ ~~ ~.~
] ~ 2 ~ ~fr ]~ ~
. ~ "'C ~ 0 1l 0::: CIl .S I:;
CIl :8 S 1lvi ~g5 '5
s::: ;Q. I-< d .~ CI) Cil .s 0.. d
0...... 01:; -- dCl) -Od 0
',p S ..... 0 d tIl tIl I:;'~
15.;::i 01;) 0 CIltll:>;::i CIl'
..... 0.. d S I;) ..... 0.. I-< 0.. I-< ~
l-< . I:;.u "'C tIl dO,+-< ,..c
I;) Cf.l I:; ...... 0 ;:::!:>
~~'g~B ~ ~;::i~g..... 13;>
O;>-;OE1l fJ) CIl 0..001:;;::i "'C
~"'C,+-<;::i"'C _~ "'CB~~fr ]d~
~. dOC. CI) CIl d >. 00 CI);::i CIl CIl tIl
'1:'" CIl .... Cf.l CI) :> CIl -;::: CI).r:: 0 d Cf.l~ CIl
..... <l:: d . tll ...... I-< I;),.!:<; 0 ,..c
'il ~ 0 0::: tll li::: 1l ca !5' ~ "'C I;) .~ 0.
<o:::ZoCl)~ 9'1:lCl)fJ)tlld~ CIlt;S
I-< Cl)d ;5~tlll-<~CIlU t,+,<;::i
.P E 1-<.... .r:: d.:t:: 2 0.. tll . vi 0.. fJ) 0..
~CI).r::o. tIl CIlCllCl)o..CI)CI)OI-<~
;g :;g ~ 's.. ~ ~ {J ~ ~ ~ ~ gf l::l ~ ~
I:; tll I;) CI) .... I-< - I-< CIl '"' I-< CIl c: ~ ...
2 tll ~.fJ) vi I;)'a Cil CI).r:: ...... CI) 00t+:: .....
...... CI) 0.. S:.'!:: t 0.. tj g. I;) d 0.."'C d .S
d .S ..O;l ..O;l d ,~ ..O;l d I-<.~ E S d 0 0 CIl
o "'C .... .... ;::i ..... .......... 0.."'C '-'" CIl <':l U G:i p.,
-.c ~
<~3
......
C\I
'-'
......
M
'-'
......
'<T
'-'
......
Lt:l
'-'
~ 0 tll
. d ~d CIl
~'a t d"'C fJ)
........... $-I ~ Q Q) ........
co "'C > ;::i "'C 8
>.1-< i> o..CI) .....
1-<,..c~"'C I-< CI) d
.P CI)~ d 0 d 0
~ ... '+'< fJ) I;)
I-<.g;::i CIl I-< CIl ~
~ t:,"'C ~ ~~ tll
I-< CI) d..... I-< 0 0.
o fJ) CIl dOl-< ,..; E 0
~ {~.;:l ~ . ~ 'E C\I ;::i ~
CIl ~~(J ~CIl 8oo..C\I
.r:: - ~ ~-.r:: .... > ....
~.sSdO~;:ld~>'
I;) 0'" ... ~,..c
[$ E'~ >. [ CIl ~ d "'C
;::i I-< I;),..c CIl .....::::: CI)
~ d~~!J ~:P6 t-S1l
tll CIl CI) tll tll fJ) CI) ..... ~ CI)
~ E p., .S 2 ~ E ~ ,::: d
,..;
c:-J
ci,
..f
'+-< d
~ "'C.... 0
d Q3 "'C ',C
CIl t+:: ~ g
d tll ~ I-<
2 ~I-< ~ tj
.S ~.~ d
CIl .s.s 8 I-<
S'1:l I;) d"'CB
~d$~~;;;
d <':l ;::i CI).... I-<
;::ili::: d I-< ;::i ~
OCllCllo..O"S
utjS~~1;)
o
.....
I-< "'C --::: I-< CI)
o d'U CI) 51J fJ)
""" CIl ~;::i "E"J:; CIl.
t S ~ CI).... ~ 0 CIl {3 .;:l
"'C 0'1:: E:;3 CIl Q) 0.. I-< "'C
t;.t:;::i .~;::il-< tlll-< ;::i~
Cl)CI)"'C Cl)oCl) jg<.8 0..1:;
tlll;)l-< ;::i....."'C I;)l-<viQ)1-<
CIl d CI) ~ o' S I-< CI) 0..::0 2
.r:: CIl I-< w .... ;::i I-< d CIl-
I;) .....;::i .;; ~ I-< o.;::i R,..c t;:::;
S .~ t) ..... _ 0 .... Cil t) [ 0 I-<
0.. fJ) $ bh ~.~ t) ;;;',C $ I-< ~<.8
CI) CIl ;::i d d Q) ~ I-< d ;::i 0 CI) I-<
;::i"'C d',C ;::i............... CI) d::t3";::i CI)
tllQ3C1ltllOCllddoClldfJ)"'C
~t+::E2uE88p.,ECIl~t;
o
....
'+-<
o
00
,..;
c:-J
ci,
..f
......
..0
'-'
.S
"'C ..... '+-<
Q) d ~o
:9 S E{3
b '+-< CI) 2 CIl
~ 00.. ~~
"'C d 0. fJ) 0
00 0::3 oe.:
~ ".+:: 00 ".I.
I;) "'C .fj E
C\I CI) d d Q)
o ~ CIl 0.....
Z d::::: I;) ~ .
.... CIl ~ tll Cil
~ \Ci t) tj :!l;::i 0.. d
.s C\I.g.S :g ~ E.g
u_ d>cIidCl);::iCll
2;:;: 50:::;.0 CIlB:t
t/.lOU .CI){3fJ)d5'
1-<'-;] E E'1;jtj CIl >.
20CllCl)CI)dCl)tll:::::
r;::: Z <':l tj ;;; CIl ~ ~.E
~ .... >._ fJ) CI) "'C
I-< g 1l fJ) o...r:: 1;l '1:: .~
<.8 !i3 S.S ~ gf ~,..c ~
fJ)"""CI)~I-<O.....OOCl)
E"",:>"'CO.fjUd':::
2 gs 0 t.;:l d.g ~ t;:::;
......CI)E"'C'1:lClld:>1-<
... d Q) d CI) CI) 0 CIl ;::i
S;.sO:::;::iEuu.fj<.8
.p ~ r-.. .-. .-.
U..;r... C\I M
<'-'"'-' '-''-'
o
::;E
L.1J
::;E
;:;;
l>-
f-
~
~
'i'-
,..
N
r-
o
""
o
o
S:l
~
u
o
"'!
(0 <.0 '<t
()~
~~o
~~~
E OJ
2 co
cu
~~
Ol~
<(....:l
o
::r:
-<
....
(J)
cn
..:.::
[fJ
c'o
E-<
s:::
o
.....
....
c'o
[fJ....
[fJ s:::
(J) (J)
.5 8
"'t:l (J)
c'o.....
(l) 0..
P::: 8
"--Cl
~~~
O(J)~
'.0 "3 0...
c'o "'tj :>..
;..., (J) +.,.'
(J)...c: s:::
o..u;:l
Ocno
~ ~u
P::: ..e a;
~t);'::::
u.....o
Z~u
~
;:
~
e
~
;J
c
00 ~
'9~
~~
..l(-
~ c
~~
.~8
~ ;..
.9 c
~"tl
~o
16
....
0-162
.... .... Q,)
"0 --
Q,);:10..
.;>>,6
Ll'l'-..c 0
"::~Q,)u
Q) o::d~ ~ 23
'31l~-a~
1LEz~~
.f16~uu
'"'..0 .....0
CI) ;:j el I-< "0
00 Q,) 0 Q,)
00 "0 0.. 00
-~Q)ro
ctlol-<...t::
~..;<: foo..t6
~o.c;; E~
~~Q~ ~
""';C'i"".t-
c
C':l
'i5:
c
.8
+-'
C':l
..-
..-
C':l
+-'
[fJ
c<:
......-
z
d
00 ~9
"@ .....
00 ;:j
o 0 '0
g...... 00
I-< t l:: 6
0.. 8. 01-<
[fJ ~ Q,) '-82
~"E ~ E~
..... 0 . bO
CI) ..;<: p-. 'Cil ~ ~
.....I-<E-<Q,) 0'
cOZ'" ue5
Q)~"000 OOctl
S[[3l::2 ~.g
~&d-a.-a~
C,) Q,) . 6 ~ 6 rl:l
ol-<p-'ooo
.... 0.. 00 U._ U I-<
~00Q,)00""'00..s
2;:j2..2200
l:: ~ l:: 0 l::.....
0,- 0 00 0 ~
:;E c:;E:5':;E 6
~5~-:=~8
o 0 0 Q,) 0 0
::r:u::r::-9::r:"O
""';C'lM '<t
&>
l::
C 0
0-
...... "0
o.@
c 6
C,) I-<
[fJ Q,)
Q).....
Cltoo
~Ol::
.~'~.g
...... 4-< ;:j
t) 0......
-All::O
...... bO <Il
'Cil 6
Q,) I-<
02
l::
.9
.....
..:s
"@
.....
00
.S 16 r-:..
_....0
ctl-_
U C'l ....
.,....j l""'4 0
l::Q,)_
C':l U C'l
...t::l::Q,)
UQ,).....
Q,) 6 Q,)
6 6-a
006
00 U 0
q l:: U
P-.i3.8
~~~
00 0 0
~~~
,....; C'i
l::
o
.- I-<
t).8
;:j U
tl ~
00.....
l:: l::
o 0
U U
~
.....
;:j
o
.....
o
p-.
~.;
._ U
I-< ctl
Q,) I-<
..... .....
ctl l::
6 g
'" -
@ ~
Q,) S
6 @
.,,;::: ;...,
Q,) Q,)
;:j"O
~ 5
.~ ~
......8
cg
l:: I-<
;:j.....
o l::
U g
6
I-<
Q,)
.....
t
o
...t::
00
4-<
o
l::
.9
]8
-.-
ctl.....
~E
l:: 0
...... 00
o
~
E-<
o
~
E-<
l::4-<
o 0
.....
bOl::
l:: Q,)
.- 6
"OQ,)
l:: I-<
Q,);:j .
o..u"""
Q,)00
"OI-<~
I-<P-.E-<
Q,) '-'
"Et"O
o 0 Q,)
..;<: o...S
25 e:: 6
> l:: I-<
;> bO 2
bO.- Q,)
.S [[3 "0
I-< "0 Q,)
Q,)4-<..c
~ 0 0
._ V; +-I
bOl::l-<
l:: 0 0
Q) .- ....,
Q,) 00 U
~ ~ ~
~ U .b
..... l:: l::
;:l 0 0
>:t.. U U
o
......
"""
o
0-,
"
o
"C!
.....
l::
Q,)
l::
ctl
6
I-<
Q,)
0..
4-<
o
l::
o
.-5
;:j l::
I-< 0
..... .-
00 .....
l:: ;:j
0-
U ~
o
::E
l.t.l
::E
;;;
c..
f-
u..
~
~
0.
....
N'
r--
o
-0
o
o
s:l
G.;
to ~~
c .
t!.
.-
~~,~
E Ol
~ C'll
C'll
~=s
Ol~
<(.....:l
o
::r::
~
.....
0)
rn
~
00
ro
~
~
o
.....
.....
ro
00.....
00 ~
0) 0)
.S S
"'Cl0)
ro......
0)0..
~ S
......-0
~cRl~
00)0
-.0 ~ p..
ro 'i:l >--
I-< 0) +->'
O),l:l ~
o..~;::j
Orno
-~ ~~
"C _~
. 0......
U.....o
ZP::U
....
;=
~
S
~
~
.Q
~
=-
~
~
~
~
~
=-
~
~
;=
~
~
~
....
~
~
=-
~
;=
.. 0
~''::::
I ::s
~-
,.:cO
~ ~
~ E
~~
.;:: .....
o =-
..... 0
~~
~~
_0
o-Q)
... LC 0)
~...-
Q) -;::;- p.,
Q) ~'~.s ~
"3-a:$Q) 00
'1jCOI-<O)+-'
~1:l~-a~
U::::E-<SS
r:J')'''''' Z 0 ::l
S ckl Co) Co)
..cmt::~
;;; ~ 0 Q)
00 ~ p., 00
cal-<~~~
000 ~-ao
8.~ .~ +-' 'in
0000 ~ ...
;...>~......-
~;>......~ V
:::
ell
p...
:::
o
~
-
-
ro
.....
00
.s~
Z
~ S
+-' ~
<Ii ~ Q)
Q) S
C;; :'Sl ::l
~ 0 Co)
p., +-' 0
o +-' ~
;... 1-<0 ~
~p., p.,cnO.
S"~ Q)~'';:::~
..... ;... 0 Co) 0
r:J') "8 ~'';::: (;'';:::
..... 0 . bOE +-' E
::: ..!<: ~...... 0 ~ 0
O)I-<E-<~mom
S~Z"OSCo)S
~m"O~~~Q)
::lQ)~0)+-'0)+-'
U ~ ~ - bO- t::
8 5SQ S] S]
p...;...~o_orn
p.,m Co).", Co) d.>
00 Q) 00 ~ 00 00
Q) ::l Q) Q) ~
+-'rn.....S+-'..l:l
g.~ g I-< g p.,
~ o~ ~ ~ ~
~g~t::~t.;:i
000]01-<
:I:u:I:m:I:c8
"O~
~.~
VI
gS~
....Q)"o
~.....~
~t::~~
I-< 0 0
u ..l:l VI......
OOm~~
~.....9o
q~~m
.....- S
~ .9 ~ I-<
,p'5s2
t)t.;:iQ)'t::
<'';::: "i' 9
~ bOU;
~~....
_..90
~
~
..!<:
;...
o ~
~ 0
~ -
o LC
'';::: ~
~ ....
::= ['-... ,..-l
.$-2.2
r:5 LC~
...... ... p.,
o~S
00 Q) 0
. Co) Co)
q~o
~Q).....
Q)S..!<:
::lSEl Cl
J.j8~ ~
~
.9 ;...
tl 0
::ltl
.tl ~
00 ;...
~s=
8 8
~
o
tl
~
;...
.....
~
o
Co)
~
+-'
::l
S
o
..p
00
2tl
g e
0'.....
~ :::
'a 8
.....-
.g ~
.8 a
o~
~ ~
::l"O
o ~
U ::l
S
I-<
Q)
.....
t::
o
..l:l
VI
....
o
~
o
......
~ g
_......
~+-'
tlE
~ 0
_ 00
o
CQ
E-<
~....
o 0
.....
bO~
~ Q)
...... S
"OQ)
~ ;...
Q)::l .
p.,Co)r-.
Q)oo
"OI-<CQ
;"'~E-<
Q) '-'
'Et"O
o 0 Q)
..!<: p.,.S
El ~ S
> ~ ;...
;> b02
gp'oo Q)
'1:: Q) '0
Q)~Q)
Q)......c
~ 0 0
4,-( ct.:l .....
bO~1-<
::: 0 0
Q) ."""" ....
Q) 00 Co)
;... ::l ~
;:l tJ .tl
..... ::: ~
;:l 0 0
~Co)Co)
o
......
....
o
o
......
<.)
o
"'!
.....
~
Q)
~
~
S
Q)
0..
....
o
~
o
......
.....
Co)
::l ~
;... 0
...........
rn .....
~ ::l
0-
U ~
o
::;;
"-l
::;;
;;;
~
E-
'"'"
~
'2
'i'-
....
N
t-
o
'"
o
o
Sol
r.i:
Agenda Item No. 16D1
October 10, 2006
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners sign an agreement with Collier
Health Services, Inc. for $235,180 of FY 07 funds to participate as a local match for the
Low Income Pool Program for services provided on behalf of the Human Services
Department in order to generate an additional $324,773 in Federal matching funds to be
paid directly to CHSI for services for the most medically needy in Collier County.
OBJECTIVE: That the Board of County Commissioners sign an agreement with Collier Health
Services, Inc. to participate in the Low Income Pool Program for Federal Qualified Health
Centers.
CONSIDERATIONS: Collier Health Services,Inc., (CHSI) a Federal Qualified Health Center,
has qualified to participate in funding with the Agency for Health Care Administration (ARCA)
Lower Income Pool program. This program requires a local county match of $235,180 and will
allow CHSI to draw down $324,773 in additional Federal funds as distributed by ARCA.
-
Richard Akin, President and CEO of CHSI, has requested that Collier County Government, via
the Department of Human Services, partner with his organization by providing the matching
funds for his participation. In return, he has agreed to pay $276,337 of the county's low income
or medically needed expenses as determined by the staff of the Human Services Department.
CHSI will then receive the additional LIP monies to expand their comprehensive primary health
care services for Collier's most vulnerable population at Horizons Primary Care Center and other
sites.
The Human Services Department will use a portion of the funds Collier County Government is
currently expending through the LIP program as a local match for CHSI.
FISCAL IMPACT: Participation in the LIP Program will provide an additional $324,773 for
healthcare resources to Collier County to be expended by Collier Health Services, Inc., using
current funding within the Human Services Department
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this executive summary.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
and sign the agreement with Collier Health Services, Inc., and authorize the expenditure of the
local match of $235, 180.
Prepared by: Marcy Krumbine, Director, Human Services Department
,-
· tOLLIER HEALTH
'~~/:~'~:':r~':~~"!I~ l
,
r-:-':'=J\r,;:D COUNTY MANAGER OFFIce
Agenda Item No. 1601
October 10, 2006 ~\.....--
F(~e 2 of9 1~
~p ~~/V~D
Soar(f 4 ~
O'e
OlJ/}/)r
CoI11I111.'
>S~OI2,.
~
SEP1r_
ACTh,;~
SERVICES, INC
FILE
August 29~ 2006
Mr. Frank Halas, Chairman
Collier County Board of Commissioners
County Government Complex
Naples, Florida
Dear Mr. Halas:
As you know, Collier Health Services~ Inc. (CHSI) provides comprehensive
primary health care services to many of Collier county~s most vulnerable citizens.
During 2005 we provided 190~365 visits to 42,218 individuals, 58% of who fall under
100% of the federal poverty level. '. ' , ",' . '. '.' .
Based upon the amountof\mcompensateq CCQ'e~((;kISI l1a$ provjded, 5ve ~
eligible to receive $324,773 in Federal Low Income PooictiPffWldS~ 'provided We are .
able to obtain a local match o( $2~5~ I ~O from the county government. Based upon
Federal and State Intergovernn1ental 'fransfer (IOn rules, as' well as discussions with
Collier County staff (Leo Oehs and Marcy Krumbine), funds that the county is currently
expending through its low income and medically needy program will qualify as a local
match.
We are asking the county to designate $235~180 of the funds from these programs
as our local match. We could then draw down the federal funds for a total of$559,953
for use in the following manner:
$276,337
CHSI will pay this amount of the ~unty' s low income or
medically needy program expenses (as detenDined by you
or your staff)
$156,202
Adjustments to physician salaries due to the number of
open positions and the difficulty recruiting new physicians
to Collier county (due tQ a national shortage, low salaries,
and extrem~ly high cost.oflivin,g) '.
. , . . .' ~ , . ~.' .
$127,414
Expansiop ~>f' services at 1Ig.1JZ~JisP~ary Car~ ge11:~r to
. include the addition of another physician and ~sociated
support staff
1454 Madison Avenue olmmokalee, Florida 34142 · (239) 658-3000
Agenda Item No. 16D1
October 10, 2006
Page 3 of 9
..
This is a wonderful opportunity to enable CHSI to provide more care to Collier
county's most vulnerable residents, at absolutely no additional cost to the tax payers. Of
course, we stand ready to answer any and all questions you may have.
Thanks, and I look forward to hearing from you.
Sincerely,
~~
Richard B. Akin
President & CEO
Agenda Item No. 16D1
October 10, 2006
Page 4 of 9
AGREEMENT
THIS AGREEMENT is made and entered into this by and between Collier
County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "the
County- and Collier Health Services, Inc., a Florida not for profit incorporated under the laws of
the State of Florida, and a Federal Health Qualified Center hereinafter referred to as .Center".
RECITALS:
WHEREAS, Section 125.01(1)(e), Florida Statutes, authorizes the County to provide
health welfare programs for the residents of Collier County to the extent not inconsistent
with general or special law.
WHEREAS, The establishment and maintenance of such programs are in the common
interest of the people of Collier County.
WHEREAS, The County desires to contract with the Center to provide payments for
health care services for the medically needy residents of the County.
WHEREAS, The Center is willing to provide payments for such services, subject to the
terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the covenants herein contained, the parties hereby agree
as follows:
ARTICLE I
SERVICES TO BE PERFORMED
1. The Center shall provide payment up to $276,337 for the following services in the manner
as described :
a. The Center and/or its sub-contractor shall provide payments for health prevention
programs identified by the County to the Collier County Health Department
b. The Center and/or its sub-contractor shall provide timely responses to contract
requirements. Responses to inquiries from the Public Services Division, County Health
Department or designee regarding any aspect of payment of services being provided
shall be as indicated below.
c. The Center and/or its sub-contractor shall provide payments for emergency room,
secondary and tertiary care for those patients determined eligible by the County Human
Services Department.
d. Secondary and tertiary services shall be provided upon the referring physician or
designated physician's order. The referral order shall distinguish between a referral for
specific therapeutic services and a diagnostic workup.
e. Nothing in this contract shall be construed to limit access for a patient to any service
provided by the Center that is medically necessary and approved by the County.
2. The obligation of the Center to provide any services pursuant to this Agreement, or to pay for
services provided by other parties approved by the County pursuant to this Agreement, shall be
contingent upon designated funds being paid to Center by the state or county in advance of the
1
Created on 9/2212006 10:04:00 AM
Agenda Item No. 16D1
October 10, 2006
Page 5 of 9
obligation of the Center to provide any services or to pay for any services. In the event that
sufficient designated funds are not on deposit with the Center,the Center shall have no
obligations under this Agreement.
ARTICLE II
PAYMENTS
1. The County shall make one payment of $235,180 to the State of Florida under the Inter
Governmental Transfer Program (IGT).
ARTICLE 1/1
CLAIMS VALUATION AND CLAIMS PROCESSING
1. As the claims processing entity, the Center will provide quarterly financial reports to the
County in such detail as required by the County.
ARTICLE
IV
TERMS OF AGREEMENT AND TERMINATION
1. The term of this Agreement shall be October 1, 2006 through September 30; 2007 with
no renewal.
2. Either party may terminate this Agreement thirty (30) calendar days after receipt by the
other party of written notice of intent to terminate. In the event of termination, the County
shall pay for services rendered, prorated to the date of termination. The County shall
continue to pay for any inpatient receiving services on the date of termination until the
discharge of such payment
3. Upon breach of this Agreement, the aggrieved party may, by written notice of breach to
the breaching party, terminate the whole or any part of this Agreement. Termination shall
be upon no less than twenty-four (24) hours notice, in writing, delivered by certified mail,
telegram or in person. Waiver by either party of breach of any provisions of this
Agreement shall not be deemed to be a waiver of any other or subsequent breach and
shall not be construed to be a modification of the terms of this Agreement
4. It is further agreed that in the event general funds to finance all or part of this Agreement
do not become available, the obligations of each party hereunder may be terminated
upon no less than twenty-four (24) hours notice in writing to the other party. Said notice
shall be delivered by certified mail, telegram or in person. The County shall be the final
authority as to the availability of funds and as to how any available funds will be allocated
among its various service providers.
ARTICLE V
ASSIGNMENT
The Center and/or its sub-contractor shall not assign or transfer this Agreement, or any
interest, right or duty herein, without the prior. written consent of the County r which
2
Created on 9/22/2006 10:04:00 AM
Agenda Item No. 1601
October 10, 2006
Page 6 of 9
consent shall not be unreasonably withheld by the County. Without obtaining prior
consent by the County, the Center sliall be allowed to assignor transfer this Agreement
or any of the Center's obligations hereunder to affiliates or wholly owned subsidiaries of
the Center. This Agreement shall run to the County and its successors.
ARTICLE VI
SUBCONTRACTING
The parties agree that the Center shall be pennltted to execute subcontracts for the
purchase by the Center of such services, articles, supplies, and equipment, which is both
necessary and incidental to the performance of the work, required under this Agreement.
However, the Center expressly understands that it shall assume the primary
responsibility for performing the services outlined in Article I of this Agreement.
ARTICLE VIII
INSURANCE, SAFETY AND INDEMNIFICATION
1. Indemnity. The Center and/or its sub-contractor shall indemnify the County against any
claims, damages, losses, and expenses, including reasonable attomeys' fees and costs,
arising out of, resulting from the Center's failure to pay for services as directed by the
County.
The County shall indemnify the Center against any claims, damages, losses, and
expenses, including reasonable attorneys' fees and costs, arising out of, resulting from or
in any way connected with the performance of the County's responsibilities under this
Agreement including the County's review of all invoices to insure that no violations of
state of federal laws, rules or regulations occurs in payments made pursuant to this
Agreement.
2. Insurance Required.
The Center maintains insurance as described in the attached Insurance Exhibit that fully
satisfies the insurance requirements of the County.
ARTICLE IIIV
BILLING PROCEDURES
The Center has standard, acceptable billing procedures that the Center will utilize in the
perfonnance of its obligations under this Agreement
The County shall direct the Center to make payments pursuant to this Agreement once the
County has verified the validity of the invoices to be paid by the Center. The Center will not pay
any invoices prior to the County's approval.
The Center shall make payments to specific health care programs and services, such as the
health programs at the Collier County Health Department that are pre-approved by the County
for payment. The Center shall use reasonable efforts to pay invoices approved by the County
within thirty (30) days of County approval.
For the healthcare services provided by the Center, the Center shall be reimbursed at the
federally approved Medicare rates. The County shall be responsible for verifying invoices for
such services prior to reimbursement to the Center. The Center has the right to bill the balance
3
Created on 9/2212006 10:04:00 AM
Agenda Item No. 16D1
October 10, 2006
Page 7 of 9
to the patient for any difference between the Medicare rate and the amount the Center is paid
pursuant to the County's authorization.
ARTICLE IX
RECORDS
1. The Center and/or its sub-contractor shall keep orderly and complete records of its
accounts and operations related to the services provided under this Agreement for the
entire term of the Agreement plus three (3) years. The Center and/or its sub-contractor
shall keep open these records to inspection by County personnel at reasonable hours
during the entire term of this Agreement. If any litigation, claim or audit is commenced
prior to the expiration of the three (3) year period and extends beyond this period the
records must remain available until any litigation, claim or audits have been resolved. Any
person duly authorized by the County shall have full access to and the right to examine
any of said records during said period. Access to PHI shall be in compliance with federal
laws and HIPAA
ARTICLE X
CIVIL RIGHTS
1. There will be no discrimination against any employee or person served on account of
race, color, sex, age, religion, ancestry, national origin, handicap or marital status in the
performance of the Agreement
2. It is expressly understood that, upon receipt of evidence of such discrimination, the
County shall have the right to terminate this Agreement for breach of agreement
3. The Center and/or its sutK:ontractor shall comply with Title VI of the Civil Rights Act of
1964 (42 USC 2000d) in regard to persons served.
4. The Center and/or its sutK:ontractor shall comply with Title VII of the Civil Rights Act of
1964 (42 USC 200Oc) in regard to employees or applicants for employment.
5. The Center and/or its sutK:ontractor shall comply with Section 504 of the Rehabilitation
Act of 1973 in regard to employees or applicants for employment and clients served.
ARTICLE XI
OTHER CONDITIONS
1. Any alterations, variations, modifications or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing, duly signed and attached to the
original of this Agreement The parties agree to renegotiate the Agreement if revision of
any applicable laws or regulations makes changes in the Agreement necessary.
2. This Agreement contains all the terms and conditions agreed upon by the parties. All
items incorporated by reference are as though physically attached. No other
agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be
deemed to exist or to bind any of the parties hereto.
4
;;.
Created on 9/2212006 10:04:00 AM
Agenda Item No. 16D1
October 10, 2006
Page 8 of 9
3. The Center and/or Its sub-contractor shall obtain and possess throughout the term of this
Agreement all licenses and permits applicable to Its operations under federal, stete, and
local laws, and shill comply with all fire, heelth and other epplicable regulatory codes.
4. The Center and/or Its sub-contractor agrees to comply with all applicable requirements
and guidelines prescribed by the County for recipients of funds.
5. The Center and/or Its sub-contractor agree to safeguard the privacy of information
pursuant to the Health Insurance PortabUity and Acoountabllity Act of 1996 (HIPAA).
IN WITHNESS WHEREOF, the parties have executed this Agreement on the dates Indicated
below.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY
By:
ATTEST:
By:
Date:
:1Jb;l~ .~
Title: Prr sl deJ t (,60
A 1TE~J= J _
By:J~
Date: ~ I~c; /0 {p
&; legal rm.Wciancy
~
5
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16D1
October 10, 2006
Page 9 019
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D1
Recommendation that the Board of County Commissioners sign an agreement with Collier
Health Services. Inc. for $235,180 of FY 07 funds to participate as a local match for the Low
I ncome Pool Program for services provided on behalf of the Human Services Department in
order to generate an additional $324,773 In Federal matching funds to be paid directly to
CHSI for services for the most medically needy In CoUrer County
10/10/2006 9: 00:00 AM
Date
Prepared By
Marcy Krumbine
Public Services
Director
Human Services
9/2612006 9:28:39 AM
Date
Approved By
Marla Ramsey
Public Services
Public Services Administrator
Public Services Admin,
9/28120063:59 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/28/2006 4: 19 PM
Date
Approved By
Sherry Pryor
County Managers Office
Management & Budget Analyst
Office of Management & Budget
9/29/200610:11 AM
Date
Approved By
Michael Smykowski
County M anager"s Office
Management & Budget Director
Office of Management & Budget
9/29/2006 2:29 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/29/2006 6:35 PM
Agenda Item No. 16D2
October 10, 2006
Page 1 of 6
--
EXECUTIVE SUMMARY
Recommendation to approve the submittal of the attached University of Florida
Integrated Pest Management Program grant application to the University of Florida
Institute for Food and Agricultural Science for an Urban IPM Education Program
at the Farmer's Market totalling $3,650 and approve any necessary budget
amendments.
OBJECTIVE: To receive approval from the Board of County Commissioners to submit
a University of Florida Integrated Pest Management Program Grant application to the
University of Florida Institute For Food and Agricultural Science to fund the project:
Urban IPM Educational Program at the Farmer's Market.
-
CONSIDERATIONS: The Collier County University Extension Department's primary
objective through this project is to provide to the urban participants of the farm market,
an awareness of the Integrated Pest Management (IPM) and Florida Yards and
Neighborhoods (FYN) principles that may reduce pollution and enhance their
environment by improving home and landscape management practices. The funds from
this project will be used to purchase fann display booth materials, university publications,
and related documents. Through the University of Florida IPM Program approximately
$80,000 is available for all IPM grants applications this year. The total grant request will
be $3,650 and Collier County will not be required to provide a cash match. The local (In
Kind) match is estimated at $1,500 as determined by staff outreach time at the display
booth. Grant money will be made available by January 16, 2007, with the funding period
ending in September 15, 2007.
FISCAL IMPACT: The total project cost of the Urban IPM at the Farmer's Market
Project will be no more than $5,150. The grant amount is for $3,650. The Collier
County University Extension Department outreach staff time, which is provided in the
Agriculture and Horticulture programs, will equal a non-cash match of $1,500.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan. The Urban IPM at the Fanner's Market project supports the Strategic
Focus Area: Neighborhood Preservation and Enhancement 1.7 Conservation of Natural
Resources by providing market participants increased environmental awareness
opportunities through IPM.
RECOMMENDATION: To approve the submittal of the attached University of Florida
Integrated Pest Management Program grant application to the University of Florida
Institute for Food and Agricultural Science for an Urban IPM Education Program at the
Farmer's Market totalling $3,650 and approve any necessary budget amendments.
PREPARED BY: Robert Halman, County Extension Director, Collier County
University Extension
~
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16D2
October 10, 2006
Page 2 016
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D2
Recommendation to approve the submittal of the attached Umversity of Flonda Integrated
Pest Management Program grant application to the University of Florida institute for Food
and Agricullural Science for an Urban IPM at the farmers market project totalling 53.650 and
any necessary budget amendments.
10/10/2006900:00 AM
Grants Coordinator
Date
Approved By
Marlene J. Foord
Administrative Services
Administrative Services Admin.
912512006 5:07 PM
Approved By
Assistant County Attorney
Date
Thomas Palmer
County Attorney
County Attorney Office
9125120065:14 PM
Executive Secretary
Date
Approved By
Kathy Carpenter
Public Services
Public Services Admin.
9126120069:21 AM
Date
Approved By
Robert Halman
Public Services
Director
University Extension Services
912712006 11 :35 AM
Public Services Administrator
Date
Approved By
Mana Ramsey
Public Services
Public Services Admin.
9/28120064:05 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
9/28/2006 4:19 PM
Management & Budget Analyst
Date
Approved By
Sherry Pryor
County Manager's Office
Office of Management & Budget
10/2/200611:16 AM
Management & Budget Director
Date
Approved By
Michael Smykowski
County Manager's Office
Office of Management & Budget
1012/20062:43 PM
County Manager
Date
Approved By
James V, Mudd
Board of County
Commissioners
County Manager's Office
101212006 4:39 PM
IFAS Extension
Agenda Item No. 16D2
October 10, 2006
.~f6
~., it.,
UF FLORIDA
UF IF AS/IPM 2006-2007 Florida Grants Application Form
1. Project Title: Urban IPM at the Farmer Market: Reaching Non-traditional Audiences
2. IPM falls into IFAS Extension Statewide Goal I, Focus Area 4, please have each IFAS extension
faculty member of your team join the mailing list if you have not already
http://pdec.ifas . ufl.edu/hi erarchv /Goal] ag/4 Protection/
3. Please check the most appropriate topic.
CJ Vegetables
o Ornamentals and turf
X People and Communities
o Citrus
o Deciduous and small fruits
o Watersheds and river basins
o Pasture and forage crops
4. Participating IF AS Faculty and Staff (name, UF ID, title, address, telephone number and email).
PI (please choose one key contact person):
Robert D. Halman
6766-6106
County Extension Director / Agriculture Agent
14700 lmmokalee Road
Naples Fl 34120
239-353-4244
rdhalman((l!ufl.edu
Partners:
Collier County Master Gardeners
South Florida Water management District (Big Cypress Basin)
5. Brief Summary of Project (1 paragraph):
The venue for this project is the Naples Farmers Market. Why the farmers market? The
market although in an urban setting is a gathering place for many Naples residents, tourists and
seasonal snowbirds - the non traditional audience we are trying to reach. This audience mayor
may not personally care for their environmental landscapes but they have the power to influence
the landscapers, pest industry representatives and other service industry personnel that are hired
to do just that. Our primary objective is to provide to the urban participants of the farm market an
awareness of the Integrated Pest management (IPM) and Florida Yards and Neighborhoods
(FYN) principles that may reduce pollution and enhance their environment by improving home
and landscape management practices.
6. Specific Objectives of the Project:
· Provide to participants of the farm market an awareness of the diversity ofprogram topics
that can be presented through Extension programming
· Increase consumer awareness of IPM and FYN programs and how they might influence
the incorporation of these principles into their home and office landscapes through their
landscape maintenance companies..
C:\Documents and Settings\lockwood_s\Local Settings\Temporary Internet FileslOLK199\lPM fann market GRANT APP 2006-2007.doc
7. Project Calendar (Steps & Times):
Preoaration for market season:
December 2006 -
. Display setup and materials purchase
. Development of evaluation materials
Agenda Item No. 16D2
October 10, 2006
Page 4 of 6
Displav implementation at market
January- April 2007
. 4 hours each Saturday morning -market display setup
. On site survey
Proiect Review and Evaluation
~ay-J\ugust2007
. Review of ~arket survey and evaluations
. Begin process of pamphlet development
. Development of project report with photos and success story
Project renewal (if warranted) and status
October - December 2007
8. Expected Project Outcomes:
a. Improvements and who will benefit.
Increased knowledge and awareness base by the urban residents of the county to IPM and FYN
principles that may reduce pollution and enhance their environment by improving home
and landscape management practices.
b. Deliverables (pamphlets, CD's, displays, training materials, etc.)
to be submitted with your final report which must include a success story and project photos.
. Developing the market exhibit: Following the example of successful fanner's
market vendors, an interactive educational exhibit will be designed that can be
stand-alone, or manned. The exhibit will be prepared so as to relate to the urban
and suburban consumers/ homeowners visiting the market.
. Provide market participants awareness opportunities to browse the diverse IPM
FYN and BMP literature on display; plus provide any county specific documents
deemed relative for creation.
. One on one consultation: .Allow educators staffing the display to answer directly
market participants' questions on IPM related questions.
. Provide educational resources through university, the SFWMD or local or county
referrals. Many of these resources include UF/IFAS, IPM, FYN, and Extension
home lawn and garden fact sheets as well as information of pesticide handling
and use, trees and shrubs, insects and soil sampling and testing.
C:\Documents and Settings\lockwood_s\Local Settings\Temporary Internet Files\OLK I 99\IPM farm market GRANT APP 2006-2007.doc
9. Budget (Salaries, travel, materials, and supplies etc.) *Note: USDA money can~l#l~~1No. 1602
food, trophies, or t-shirts. Cost estimate: $1500 October 10, 2006
Pro' ected ex enses: Page 5 of 6
IPM Display I exhibit
market booth set up
University and County
staff Personnel and
ex ertise
Multi-use screen
Banner
Display Promotional
items & exhibit props,
materials
Exhibit photos, flyers,
publications
duplication and
display setup
Miscellaneous items
Total
Total Project costs
Project funding request
Tent, leaflet holders
(10), folding tables
(2), UF table covers,
leaflet carriers (5),
dolly, chairs, etc.
Salary Time and 1500 +
labor- (In Kind)
IPM Pull up banner
250
IPM Magnets, Demo Some in-kind
sprayers, insect props, (SFWMD)
PPE materials, etc.
1200
Photo enlargements
and Display board
duplication of
university brochures,
fl ers
Travel, miscellaneous
materials etc.
NRCS, FYN and 500
SFWMD in-
kind documents
200
1500
3650
5150
3650
C:\Documents and Settings\lockwood_slLocal Settings\Tempoml)' Internet Files\OLKI99\IPM farm market GRANT APP 2006-2007.doc
IF AS Extension
University of Florida, Institute of Food and Agricultural Sciences
2006-2007 Integrated Pest Management Grants
Agenda Item No. 16D2
October 10, 2006
I ~~ Page6of6
p 1. "i'lii~"'; id';~
OF.. UNIVERSITY of
FLORIDA
Request for Applications
Application Deadline: Wednesday, October 11th, 2006.
Eligibilitv: All UF, IFAS facility and staff members working in IPM. To be eligible, previous grant
recipients must submit a progress report to Jennifer Gillett, gillett@ifas.ufl.edu.
Time Frame: Award notification will be made by November 15th, 2006. Grant money will be available by
January 16th, 2007. Funding period is for nine months, ending September 15th, 2007. Final reports/EDIS
publications will be due December 1 st, 2007.
Award Amount: Approximately $80,000 is available for the IPM Grants this year. Most awards are
expected to be $4,000 but exceptional projects maybe awarded up to $10,000.
Selection of Awards: The IPM Florida Grants Review Panel will rank applications according to the
following priorities:
. Creative, innovative, and timely projects
. Direct County Extension faculty involvement
. Potential for widespread, positive impact on IPM in Florida
. Partnerships between IF AS agents, researchers and our clientele.
. Projects rather than solely equipment purchases or salaries
. Supplemental funds or in kind resources already in place
. Applicants with great need and limited resources, i.e., new agents/faculty
Tvoes of Eligible Proiects: Any creative, innovative project that provides IPM for growers, industry groups,
consumers, students, or the general public will be considered. Examples of past projects can viewed on the
IPM Florida grants showcase: http://ipm.ifas.ufl.eduJfunding/grantsprogram/showcase/index.htm. Eligible
projects include workshops, exhibits, website development, computer-based training, brochures, fact sheets,
publications, mass media communications, local and distance education courses, tests of non-chemical IPM
technologies or products and practices that integrate pesticides, evaluation of IPM adoption by clientele
groups.
Requirements: A one-page final report or draft EDIS publication will be required no later than December
I st, 2007. The final report form can be downloaded from the IPM Florida website:
ipm.ifas.ufl.eduJfunding/grants-program/index.htm. The report will be written as an IPM success story
that briefly describes project activities and outcomes, and any appropriate quantitative measures of IPM
dissemination and adoption. Projects must satisfy at least one (preferably more than one) of the following
national IPM objectives: 1. Safeguarding human health and the environment, 2. Benefits achieved through
IPM strategies or technologies, 3. Dissemination oflPM knowledge, and 4. Enhanced stakeholder
collaboration.
Online Application Form: http://ipm.ifas.ufl.edu/funding/grants -program/index.htm
Application Questions and Submission: Dr. Jennifer Gillett, Assistant Director, IPM Florida; Entomology
and Nematology Department; P.O. Box 110620; Gainesville, FL 32611-0620; voice 352-392-1901, ext.
122; fax 352-392-0190; email gillett(dJ,ifas.ufledu.
Agenda Item No. 1603
October 1 0, 2006
Page 1 of 3
-
EXECUTIVE SUMMARY
Recommendation to waive formal competition to approve contracting with Weller
Pools Inc. to install a 32" Aquatube Slide at a cost of $183,304.25
OBJECTIVE: To make scheduled capital improvements to park facilities within
budgetary constraints.
CONSIDERATIONS:
The Sun-N-Fun Lagoon was built with a water slide feature that anticipated adding
additional slides in the second and third year of operation. Kraft, Inc. provided the
construction of the North Collier Regional Park including the Sun-N-Fun Lagoon and
subcontracted the work associated with the pools at Sun-N-Fun with Weller Pools, Inc.
Weller Pools, Inc. subcontracted the manufacturing of the slides associated with the pools
with Whitewater Slides.
Funds are budgeted for the 32" slide to be installed for FY 07. Kraft, Inc. has indicated
that costs associated with extending the contract would involve additional time and
general conditions to oversee the installation of the 4th slide and not be in the financial
best interest of the county.
-
As part of the Assumptions and Clarification of the contract with Kraft the addition of the
slide is to be done via change order; however, Kraft choosing not to extend their contract
requires the purchase and installation of the slide to be completed by Weller Pools Inc
and to waive formal competition in order to receive the contracted price associated with
Kraft.
A waive competition contract would be with Weller Pools, Inc. to oversee the installation
of the slide in a timely manner. Weller Pools, Inc. has provided an estimate for
fabrication, installation of the slide and connection to the mechanical pumping system for
$159,395. A contingency of 15% or $23,909.25 is budgeted for costs associated with
remova~ repair, and replacement of existing landscape, fencing and hardscape, electrical
work, refilling and balancing of the plunge pool, and providing for a bond.
FISCAL IMPACT: Funds have been budgeted in 346 Impact Fees for Parks Capital
Projects in FY 07 for purchase and installation for the slide.
GROWTH MANAGEMENT IMPACT: North Naples Regional Park will be
inventoried in the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve a waive
competition contract with Weller Pools, Inc and authorize the Chairman to sign said
agreement.
,-
Prepared by: Barry Williams, Parks and Recreation Director
Agenda Item No. 16D3
October 10, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Ilem Summary:
16D3
Meellng Dale:
Recommendation to waive formal competition to approve contracting with Weller Pools inc
to install a 32 Aquatube Slide at a cost of $183.304.25.
10110120069:00:00 AM
Approved By
Raymond Carter Operations Manager Date
Public Services Parks and Recreation 9114/200612:06 PM
Approved By
Barry Williams Director Date
Public Services Parks and Recreation 9114120064:57 PM
App roved By
Barry Williams Director Dale
Public Services Parks and Recreation 9114/2006 4:57 PM
A pp roved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 9/14/20065:00 PM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Senfices Purchasing 9/14/2006 5:00 PM
Approved By
OMS Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 9/15120069:30 AM
Approved By
Susan Usher Senior ManagemenUBudget Analyst Date
County Manager's Office Office of Management & Budget 911812006 2:03 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 9118120062:48 PM
App roved By
James V. Mudd County Manager Dale
Board of County
Commissioners County Manager's Office 101312006 9:44 AM
Agenda Item No. 1603
WELLE~~q:O, 2006
1821 S. Orange ~:rreit 3
Apopka, Florida 32'703-
Phone 407-880-8800
FAX 407-884-7306
CPC #052511
OB #36543
September 27, 2006
WELLER
~
-,.,-
- --
---
Mr. Barry Williams, Director
Collier County Parks & Recreation
15000 Livingston Road
Naples, Florida 34109
POOLS
RE: North Naples Regional Park
Addition of the 32" Aquatube
Dear Mr. Williams:
I apologize for the delay in getting this figure to you. We awaited Whitewater \Vest
Industries, Ltd. pricing update.
The total cost for the fabrication, installation of the 32" Aquatube with an approximate
length of214lfand cOlmection to the mechanical pumping system is $159,395. Payment
in full will be due within 30 days of the Weller's completion of this work.
Our price in premised upon clear and unintelTupted access to the area, installation during
nonnal working hours and while the park is closed, and the use of Owner's attic stock of
tiles left over from the construction of the water park. Additionally, the commencement
of fabrication of the fiberglass flume is contingent upon Weller Pools LLC receipt of all
remaining retainage owed through Kraft Construction Company, Inc. for its work on the
Water Park.
All removal, repair and replacement of existing landscape, fencing and hardscape to be
by others. All electrical work is excluded, if required; as is all refilling and balancing of
the plunge pool after the work is completed. The providing of a bond is also excluded.
We await your direction.
Regards,
~~Ql~
John R. Tuhela
Vice President
CC AmiI' Shirvanipour - Kraft Construction Company, Inc.
Visit our website at: wellerpools.com
Agenda Item No. 16E1
October 10, 2006
Page 1 of 44
~.
EXECUTIVE SUMMARY
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
OBJECTIVE: To enable the Board to oversee the execution of administrative change orders
and changes to work orders, and promote accountability in the use of staff authority.
CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement
a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County
Purchasing Policy) of not greater than 10 percent of the current Board approved amount or
$10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes
to Work Orders. These include work orders issued under CCNA Contracts, which are less than
or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work
orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not
greater than 10 percent of the current Board Approved amount or $100,000 whichever is
greater. The Administrative report identifies the percentage changes, to contracts or work
orders, that have occurred since the prior BCC approved amount, which are below the threshold
limits as referenced above.
,-..
The plan calls for staff to submit a monthly report listing these change orders from the previous
reporting period. Enclosed is the monthly report of the Administrative Change Order and
Administrative Changes to Work Order Reports. These reports cover period August 18, 2006
through September 14, 2006.
FISCAL IMPACT: The total change to contracts is $924.209.80. The total change to work
orders is $14.419.00.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed
Administrative Change Orders and Administrative Changes to Work Orders Reports and ratifies
the listed change orders and changes to work orders
PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department
---
UJ.~
C!:
00
z---
E<V
.$13
-+'
CIl (J
-00
t
J:I
o
ti
o
'0
...
III
o
en
Gl
;:
.s
'0
~
e
Gl
CII
Gl
ct
-.j
Q)
0l1:
~
III ::l
.s:.U
U E
;ft. 0
.::
'0
Gl
~ e
~ ::l
c.o
C.E
III <
8'"
en
Gl Gl
Cl~...
~ III Gl
.s:..s:.'E
UUO
~.!
o ;:
'tIti1:
Gl III ::l
~ ~ ~
Gl 0 <
a:U...
...
Gl
J:I
E
~
c.
CD
I/)
G) .. g
~ Gl 0
III 'E E
.s:.0<
(J ...
'0
Gl
1: e S
! c. 0
... c. E
::I III <
u8'"
en
-1:
C Co) ~
! ~ oE
S e
u8~
I-
a:
o
a..
w
a:
I/)
a:
w
o
a:
o
w
Cl
z
oCt
:I:
U
W
>
~
a:
l-
I/)
Z
~
o
oCt
-
e
Gl
~
III
C.
Gl
o
ci
z
CD ;& CD
E 0'0 E
~~~uc5~
...... QJ....
.gli:]:~~
iie'a!e'
>a..uUQ.
~
III
o
E 0
~z
~
o
o
o
o
~
o
o
o
o
o
o
o
....
o
o
o
....
~
Z
~
Z
VJ
lO
:;:;w
~]
III
u..
VJ
lO
Q
.~
lO
CJ)
e
'E
o
U
o..
;;:
~~
ll..Z
~
"'iii
::l
CI
e::: "1"""".:
I'-lO<
"'" 0> o..
I'- e 0
(') t\l 0
~6]
<0
o
lX5
~
lX5
o
~
o
co
~
<Ii
~
'0
.lll
~
C
::l
8
lO
-s
o..
.Q
E
~
VJ
>-
VJ
0>
c:
1ii
$
~
"'iii
::l
0-
o..
'tV
2
]
III
lO
'0
'S:
o
Q.
~
o
(')
0>
o
o
o
cO
(')
(')
<D
'"
N.
~
....
o
o
.,.;
;n.
~
~
....
o
o
N
'"
~
ri
(')
N.
~
....
~
;;:;
Q
:c
~
ai
c:
~
o
o
M
N
co
#
"!.
~
....
>-
.J:J
'0
~
VJ
lO
::l
0-
~
VJ
III
iii
'0
,g
Qi
E
0>
,5:
1ii
$
o..
'tV
"'iii
c:
o
:;::>
'0
'0
III
...
.Q
lO
'0
'S:
o
Q.
~
:2:u
frlo::
I-
cJ
.5 f/) ai
al fl <
g' .~ ~ ~
'0 lOlll"O
5 ~5511..
cXi lOlOE
~ ~~~
:u lOO:: ''0
-e ~g>~.2
III c .- """ co
co <o-:;lllliigCi)
=0>"'" 0>c::2 E=
g~~ li'~~ E8
~gg6c3.E~.8
Gi
CIl
e
III
.s:.
u
...
o
i
.~
Gl
~
<0
e
co
~
lX5
o
N
0>
,2 .8
::l
'00
fl:2:
liiiE
~~
c. -
-ffi :5
.r. .~
-:0
~'E:
o>lO
:2 ~
o 0>
c.1ll
~ ffi
'0:2:
c ...
III lO
diro
.5: ~
(:; III
:':: "'C
c: 't:
o 0
EU:
~=
lO ::l
~bl
VJ >-
'Q).J:J
t:: lO
'S .!.!
gg
.E g
~::i
lO c.
~~
0~
.2' lO
co ~
Ill.!:
lO lO
:2 ~
>
e:s
c.VJ
.9 e
III
E ~
Ci)'O
ll.. li
~ g,
:;:) "(j)
Vl lO
lO'O
O::"'iii
~:~
lO (:;
E lO
c-s
.g '+-
> 0
Lii~
~ Q.
ll..-
ffi g
~~
'0 ~
~ ~
~ .~
'S:
e
c.
lO
VJ
Q)
;;:;
I-
Gi
Cl
e
III
.s:.
u
'0 g
~u
.! 2 :>.
~1iiiS.
Glc:E
~ 88
~
~
~
b
o
o
N
co
cO
(')
co
-<i
I'-
co
....
o
o
o
....
o
(')
r..:
(')
"'.
;p
co
....
N
co
cO
(')
co
-o:i
I'-
co
....
:Eu
frlo::
I-
cJ
E
~
'0
'C
o
u: N
~~~
1l..0U')
<<00
<0
~
~
o
(')
c:u5
,9 lO
~~
~ C6
~.!:
EU
tii
~ VJ
'E
lO lO
(')-cE
&~ ~
c ~ e
jglOQ.
OZ.5
cO
o
o
N
en
N
:u
.J:J
E
~
c.
lO
CJ)
.!1
lO
tii
'0
c
.9
Qi
is.
E
8
~
lO
C
lO
.!:
I-
'if!.
o
o
o
~
o
o
o
o
'"
N
N
o
~
a5
0>
N
ri
N
....
1:)
lO
'0
Q.
VJ
;S
C
o
"""
(:;
~
"'iii
c:
0>
"0;
lO
5
"~
"'iii
c
<;::
.8
(:;
1:)
~
'E
8
lO
5
~
.Q
"'iii
.8
lO
E
:;::>
'0
~
'E
8
lO
5
'0
C
~
><
lO
o
I-
Gi
Cl
c:
III
.!:
U
...
o
~
Gl
.~
Gl
>
o
o
o
o
....
'"
"!
N
o
~
a5
0>
"!.
(')
N
....
U')
N
N
o
~
a5
0>
N
ri
N
....
:Eo
iDo::
I-
cJ
E
Ii
to
Uo>
c<O
;;:;~
00
.., <0
"""
Q
0-0
E >
~1i5
:;;~
""" 0
IllU
~ 0
lO-
"E CIi
III >
0::<
U') o>~
<0 lO .E: "0
:;0 en c ll..
MCG>-
1~:2"O
:gu~o::
<0
o
lX5
~
lX5
o
"'"
~
.8
lO
::l
'0
'0
~
<>
lO
C
c
8
VJ
'0
'"
~
tii
-s
0>
c:
:E
~
lO
5
~
.8
'"
~
.8
...
lO
'0
(:;
.5:
lO
.:::
Ci
>- .
III E
~~
""" lO
CJ)~
'0
lO lO
<> Q
C li
III ~
~.f!
Q)<i:
lO >-
5 III
tii~
c: III
III 0
'00::
Q) lO
E5
lO
5
E
e
c-
';;' '0
c: $
E g
0>'0
:.= lO
i::''O
III Q)
....J:J
0-
~~
lOU')
- """
0>
....
-
o
"'iii
1ii
.5:
'0<:
c ::l
III 0
lO E
'0 <Il
'S: lO
e~
c.c
0'-
I-{l
c
.2
Gi lO
Cl.!:
el-
III '"
i:i 0
O~
~ 2
.~ 8
Gl'O
> <Il
o e
..-<.o~
UJO~
<.00_
..-NO
OOM
Z":.~
JI~~
~CIE g. ~
~ oU....
(],) .:: ~
0>
~
CIl Gl
0101
c: :; i
1Il..c"
.= U ..
U '" 0
~;S
"1:)1:
CIl III ::l
"'.bO
'> c E
CIl 0 <
D:U....
..
c>> ..... 5
01-80
:; .. E
'=0<
U ....
"
CIl
c E 5
l!! c. 0
.. c. E
::l III <
u~....
III
1':C
1:;:1
! .b 0
... c E
::l 0 <
UU....
..
c
CIl
E
1::
III
C.
CIl
C
o
z
o
oz
~u
~.s
J!!
III
C
E 0
~z
~
Q
o
o
c:i
~
~
o
c:i
<0
"<l'
N
Q;
C'i
0>
N
....
~
to
o
~
o
o
<"i
~
co
C'i
0>
N
....
o
o
<"i
~
co
C')"
0>
N
....
:2:0
fila:::
f-
-'"
m
~
QJ
"
U5
00
N
<3 Cll
E ~
cn- 5:
c
"0, Cll e:
J:.Ql M (1) "* .2
NO) C)~~
Zt;t:q~~.!!l
cil8g6.L~
<0
o
N
N
<xi
C>
to
.9
Cll
iii
"
c
.2
Qi
Q.
E
o
u
m
e:
""
Cll
:5
"
e:
Cll
;;:
Cll
en
'"
Q)
~
en
'"
tJ
Cll
'e-
o.
Cll
:5
"5
'0
QJ
I/)
::l
.$
~
u
e:
o
u
'0
QJ
a.
~
QJ
:5
"5
QJ
Ol
e:
'"
..c:
u
'"
tJ
QJ
~
.9
I/)
E
.~
>-
'"
a.
"
e:
'"
I/)
~
c
'"
::l
cr
QJ
I/)
.:;;
~
o
f-
QJ
01
c
"'<0
..co
Uo
'ON
~~
GlC')
~~
CIl Ol
> ::l
O<c
~
&,
CO
ci
~
Q
CO
CO
ci
o
<0
~
'"
LO
00
"
....
o
'"
<"i
'"
o
,,"
....
o
o
"""
o
~
r::::
....
o
o
"""
o
~
~
"
....
e: >-
~g
"'000
E.L]
o u
:E~
C
<3 QJ
..5 E
en ~
QJ QJ
U I/)
.~ I/)
QJ <c
rn -8
.~ CO
:E 0>
::l Cll a.
a.. Ol::>
a.. e:a..
<c::f::f~<c
rnZZOrn
<0
o
M
N
to
C>
<0
,;.,
C
::l
o
o
QJ
:5
'0
C
'"
a..
<c
rn
>-
.0
~
:0
Jg
'0
.!!l
~
QJ
:5
Ol
e:
'6
Co
Ol
~
QJ
Ol
'"
::l
Ol
e:
.!!l
QJ
:5
C
.~
13
.9
'0
e:
'"
::=
'"
in
a..
<c
rn
:>.
.0
'0
~
"5
cr
~
I/)
:;
o
..c:
QJ
:5
"5
C
QJ
E
in
::l
:0
'"
e:
'"
..
..Q
QJ
'0
":;;
e
a.
o
f-
c
.2
tJ
2
in
c
o ~
OaC;;
QJ"'""
~~~
Gi
01
C
III
..c
U
....
o
~
Gl
.~
Gl
>
o
<0
o
M
N
to
o
"
~
Q
'"
":
'"
~
Q
CO
~
o
to
o
c:i
'"
"<l'
C'i
N
co
....
o
"<l'
ci
co
"':
~
....
o
C!
N
"<l'
"C
"
"
....
LO
'"
c:i
"
~
~
N
co
....
Os:
!:!5:2:
a..-l
~
!:!:-
c
"ro
:2:
QJ
~
o
u..
"
~c
Na:::~
:g,~ ~
t: ctI JS!
'" e: a.
..c: '" QJ
O:2:a:::
<Ii
:>.
'"
"
C>
""
>-
.0
C
.Q
Qi
Q.
E
o
U
m
c
""
QJ
en
'"
QJ
t;
.5
.9
"
e:
'"
'0
QJ
tJ
2
in
e:
o
U
I/)
'"
en
~
C
'"
::l
cr
m
e:
""
in
::l
:0
'"
o
f-
Gi
01
C
III
..c
(J
....
o
~
Gl
.~
Gl
>
o
~
Q
o
o
c:i
~
~
C!
o
o
C!
o
o
~
"
~
N
....
o
C!
o
....
o
C!
o
o
0>
r-:
~
N
....
o
o
c:i
o
~
"
N
....
Os:
UJ:2:
1;:..J
<3
..5
en
c
"0,
Ol
J:
Z
~:;
0lC')
::lLO
8~
I/)
Ole:
C .2
:9- ~
a..""
.~ ~
~:2:
:cg
'" c
..c: 0
~&!'2
&!:g,~.g
~cs:O
J,~()-g
oOrn",
'"
o
:;r
N
to
o
co
C
QJ
E
>-
'"
a.
m
e:
""
QJ
.:.::
'"
E
'0
C
'"
tJ
QJ
"0'
a.
Q)
:5
tJ
Ql
a.
en
.5
.9
QJ
&
>-
C
::l
o
()
~
.Q
m
.9
I/)
>-
'"
'0
o
'"
>-
.0
C
.Q
Qi
Q.
E
8
tJ
~
c
8
..
.Q
QJ
&
"
C
Ql
;;:
Q)
o
f-
Gi
01
C
III
..c
(J
....
o
~
CIl
.~
Gl
>
o
u~
Ci
...
00-.:1"
Z"':.~..
jl,~
GeE III <
""i 0 u ...
<1l -= :xl
0)
<(
Gl
&g'..
C m III
1ll..c"C
..c U ...
U III 0
t/!.:E
..
"t)~
51 g 0
'> C E
Gl 0 <
~u...
..
Gl..c
Cl Gl ::I
C "t:I 0
III .. E
nO<
...
"t:I
Gl
c: e 5
l!! a. 0
5 Ii' E
uu<
-- ...
..
c u 5
t'! e 0
....E
::I S <
00...
..
C
Gl
E
1::
III
a.
III
o
ci
Z
Gl ... Gl
E 0 ~ E
~~~o~
l:itilil&ti
"t:IGlbCGl
i~5!4e-
> 0.. uuo..
.l!I
III
o
oR
o
<Xl
'<t
~
'#.
<0
<Xl
ci
0)
<Xl
..t
<Xl
<Xl
0)-
.....
I'-
ai
<'">
....
m
L{)
<0
I'-
'<t
,.:
<'">
<'">
....
o
<'">
..;
<0
'<t
c<i
N
o
N
'<t
....
o
<'">
<Xi
o
'<t
N
<Xl
<'">
ai
<'">
....
o
0>
0::
all!!)
~...J
<1l
a.
>-
C
ell
a.
15 Cii Gi
o CCl
C .2 ell
o g' lii
t5 0::::aE
2 .... C
ti) U').~ 0
C _N=8t5
o ow' Q) 2
0N~ g>..c(j)
~~~6~8
<0
o
~
N
co
o
0)
-'"
III
-go::
a.til
III
0>
Cl
C
m
.t:
o
0>
.t:
f-
al
III
<1l
.t:
0.
C
o
;>
o
.5
III
C
8
jJ
g>~
.~ e
"C Cl
III 0.
0> :::I
~ ~
.- m
'0 C
~ .~
0'0
III C
!!! m
~ ~
m g>
0> ell
:::I.t:
<5 0
> C
'0 .2
..r5m
'0 02'
<1l t::
.t: .-
o iii
:E 0>
~ g>
III <1l
O>.t:
ClO
~ E
i3~
'0 <1l
~ ~
<1lO::
~ iii
c 0>
.2' g>
'" ell
Q).t:
'0 0
'0 0>
~S
'0'0
0> 0
1ii '"
0> <1l
:::I C
0' 0
~:2
..'0
0>'0
C <1l
~.!!i
m
~ "C
J? 0>
o>ro
:g E
e~
o.~
~~
o
.0
&~
;<5
..c g
u;;
O:g
3: <1l
~~
~-5
o .S
oR
o
co
<0
r.ci
""
:h
N
'7
<'">
I'-
..t
N
I'-
r.ci
0)
I'-
....
;:::-
N
o
L{)
o
.....
~
o
o
.0
N
.....
r.ci
v
I'-
....
o
o
.0
.....
co
r.ci
o
<Xl
....
III
0>
+:lee
U...,
<1l...J
I..l..
ci ~>-
0.: :::Ie:
vf ~ g
.l!I ",,()
<1l "5 ~
'u ~ (l)
g <Cz
~ <5....~
~ 5 ~ TS
all N 0> .- '" <1l
>-mNCllll2j1..l..
:g8~;J!1'~0>
5~~c3ct"5~
<0
o
i?i
N
co
o
o
.....
oR
o
N
<Xl
ai
oR
~
0)
N
oj
Cl
'0
:::I
.0
'0
0>
oe-
0.
0>
:5
B
.50
-'"
o
m
.0
'0
~
e
0>
Gi
~
'"
0>
o
C
<1l
<5
.0
0>
.t:
f-
u;
2j
C
<1l
<5
.0
Cl
C
'c
Oro
E
!!!
:5
.~
III
E
~
0>
~
'0
0>
a:;
Q.
E
o
o
<5
"5
o
e
0>
N
o
f-
(<)
I'-
..t
N
N
N
N
co
....
o
o
ci
o
L{)
c<i
N
....
Gi
01
C
III
..c
o
'0
!
~
Gl
>
o
o
o
<ri
N
I'-
r.ci
'<t
.....
....
(<)
I'-
..t
N
I'-
r.ci
0)
I'-
....
'"
0>
;>00
u]
<1l
I..l..
<(
0.:
iii
.l!l
<1l
'0
o
III
~
all
~~
~o
of?!
e >-
:::Ie:
'0 :::I
jg8
~ ~
<~
~~~~
N 0> .2 '" .~
NCllll2j1..l..
~ lij J!1'~ a:;
~Bct~~
<0
o
i?i
S:::!
co
o
.....
.....
""
ro
9
oR
o
.....
(<)
ci
0)
.....
<Xi
o
I'-
o
<0
co
ai
N
....
~
00'
5-
0>
:5
'0
.....
.....
ai
I'-
o
c<i
m
....
'<l'
.....
N
.....
(<)
v-
a;
ai
N
....
>>l
<1l
.t:
a.
'0
:.0
B
....
B
o
e:!
"E
o
o
0>
:5
CD
:E
<1l
C
0>
B
Gi
"E
o
.50
III
0>
o
.~
0>
III
<5
c
,g
'is
'0
<1l
....
J?
0>
'0
.:;;
e
0.
o
f-
co
v
<Xi
N
<0
,.:
<0
.....
ai
N
....
III
0>
:+:iCO
u]
<1l
I..l..
>-
c
m
0.
E
o
()
c
.2
'0
2
1ii
c
o 0)
()~~
dffio~
l2f?!g5
Gi
Cl
C
III
..c
o
...
o
3:
III
.~
Gl
>
o
<0
o
i?i
N
co
o
N
.....
N ==
v m
0>""
Cllll
C~
<1l 0.
.t: <1l
()z
0>
-:5 g
.9S
E:g
*Jii
>-'0
'" ....
Cl 'ro
.~o
m c
0.0
~=
'0 g
C -Q)
,g ....
'is"g
'0 <1l
<1l Q)
Q) 0.
=.2:-
~~
~ "8
.5"0 .
III 0> II::
~ ~~
cell..
m"5o
"5u;';
Q) CD "C
III Cl :::I
Q) <1l 0
.=g~
u; '- m
C Q) C
o~,g
+:i 0.:0
=61-"0
5 ~ co
ot::~
:E '* .~
5.90.
$ II) g
~~w
oE"E
lij 0> 0
-E ~ .5:
O>B~
-g(l)..9l
<1l E Q)
t)rot:
::J ro 'c
'0 <1l
~~~
'0 III E
~ Q) 0
VJ c.. ~
:.g Q) C
~rog
=~..5
~ ~ :s
~ ~ B
~:O.c:
~~~
<1l !!! ~
.... :::I '0
~~~
~0>'C
0:;; B ~
e a. c
o.E<1l
~ 5. g
~<ii
Ill:;
G) 0 e
g'] '0
III ell ....
..c:-o~
u .... 0>
'0 ~~
! o~ ~
.~ ro .Q
~~<5
o~.s
...-(D-.:t
UJO-.:t
(DO,+-
...-NO
ciaLC)
2"':.i
il~l
~GE IV <
~ aU.,.
(].l ~ ~
OJ
<C
II Gl
DIDI
C ; G;
ca.c'tl
.c U ..
U 1/1 0
~;S
...
"tJ t) C
II III :l
1/1 .l:l a
): e E
II a <
ll::u.,.
C
II .. :l
g>> ~ a
ca ... E
.cO<
U ...
"C
Gl
C e ~
f c. a
.. c. E
:l III <
u~...
al
-
c ~ 3
! ... 0
.. c E
:l a <
Uu...
C
II
E
1:
ca
C.
II
C
ci
Z
II .. II
E 0 ~ E
~~~o~
6ul!&u
'tIGl_eGl
;~5.!~
>c..uUc..
II
OJ
c
E a
~z
~
o
"-
(0')
cr;
'?
<f.
"-
"-
9
0>
N
o
III
co
~
N
o
o
~
""
0'
o
o
o
N
oj
"-
~
o
o
o
o
"-
en
'"
III
<D'
~
""
0>
N
o
III
o
oj
o
~
o
~
""
III
Ql
::=co
~3
C\3
u..
>.
~ ~.~
E Qj-C
8 'E~
e: ~ 0)(
g~ ~:g
2e i~
c;;~ '<::ll!
5~<D8:l
Uot;;;::,g ~
1ijoC("05~
.... N "l:t 0 0 <<l
~lllo::2uCl
<D
o
<:;
(0')
as
o
(0')
~
X
.!!l
III
Ql
~
...
o
"E
Ql
E
>.
l'll
a.
Ql
==
III
Ql
>
l'll
III
.<::
o
:E
~
>.
"E
:>
o
U
Ql
==
>.
.0
III
Ql
III
l'll
.<::
e
:>
a.
~
Q;
1ii
E
"0
~
'0
.9
Ql
:>
"0
Qj
"0
o
Ql
'"
e:
l'll
.<::
u
Ql
,~
"0
:>
"0
Ql
"0
C\3
.!!1
III
:E
I-
~
Z
~
Z
III
Ql
~co
'0 :3
C\3
u..
III
Ql
o
'~
Ql
CfJ
e
"E
o
U a:
.. .....
<( ~
~~~
a..Zo
Qi
01
e
C\3
.c
o
...
o
~
Gl
'E
Gl
>
o
<D
o
in
o
c;
o
-.r
~
~
o
o
o
o
~
o
o
o
o
o
o
""
o
o
o
""
~
tii
:>
o
N .!:::
Ql<(
",..
e: 0
C\3 0
.<::"0
uE
Gi
e:
~
o
>.
.0
"0
Ql
1il
Ql
:>
0-
~
III
C\3
III
"0
:>
"0
o
C.
"0
.!!1
Q.
a.
:>
III
'0
'"
e:
~
Ql
==
.9
r/)
$
<E
..
'iij
q
tii
:>
0-
Qj
.<::
Cl
:E
'0
e:
g
:.0
"0
C\3
Ql
==
..
.E
Ql
"0
';;
e
c.
o
I-
o
o
o
""
o
o
.,.;
N
o
..n
'"
0,
~
""
o
o
o
N
'"
",'
<D
co
""
Os:
UJ::2
15:...J
U
E
en
Ql
1ii
'0
o
III
III
<(
O/l
Qj
Cl .....
.~ ~ 55
::3co,?
~R~
Qi
01
e:
'"
.c
o
...
o
~
II
.~
Gl
>
o
<D
o
in
o
c;
o
III
~
?f-
0>
III
cO
~
~
o
o
o
o
o
o
o
N
'"
c<i
<D
co
""
"0
Qi
=
Q)~
s: Ql
"OS:
E~
01-
N'
'" a.. 5
Ql I- 'in
Ol~ e:
e: a: C\3
~ u ~
UCfJW
~
o
co
co
<i
~
o
co
co
<i
o
0>
cO
0;
c<i
III
N.
~
""
~
'"
o
~
<"l
oj
III
""
e
"E
o
o
III
'..
o
"0
~
"E
8
"0
e:
o
>.
Ql
.0
'"
>.
C\3
Qi
"0
..
.E
c:
o
~
Q.
E
o
o
"0
~
"E
o
o
.9
III
>.
l'll
"0
o
0>
"0
"0
C\3
o
I-
0>
III
cO
o
<D
..n
0>
~
~
""
0>
III
cO
o
<D
Ill'
OJ
~
""
III
Ql
;ECO
'0 ]
l'll
u..
U
...J
...J
tii
"0" ~ III
c: Ql r--
al ::2 :e:-
LL: ~~
O/l~o>~ii~
~ ~ 0 Ol c:n-
ool'ocQ:;CI)
oO~~E::2
tIif;jouw!::!.
Qi
Cl
e
'"
.c
o
...
o
~
'E
Gl
>
o
<D
o
;::
o
c;
o
<D
~
III
Ql
u
'~
Ql
CfJ
Q; e:
0.:<=
~.g
oe
fl ..
C\3.E
0..15
e:.o
.- C\3
Ql-
s-g
e: C\3
"Cij en
~~
o Qj
0.1ii
ai E
5.5
:g ,~
~~
o l'll
c.~cO
C\3 Ql g
13.9N
-g ~ M
CD "'0 Q;
(;j~.o
.5 ~ .9
Bt5C5
~ .~ (/]
~ c: .;
Ql C\3 _
C).~ ~
Qi "0 e:
III Ql 0
W"'O;
.- :J Q)
~13Q.
... ,5 E
000
c ~ (.)
,Q <( tii
a.c~
:;:~"C
~ (/) ~
~ g>'S:
Q) '0. ~
:5m~
d;-ffi....
-g~t>
u 0 ~
.5 .r:. ~
.<:: .<:: 0
o 0
:c .5 Q)
~ :;;;:-==
III~O
CD 5 -;;;
g>J2~
l'll C\3"O
TIoN
~t:~
t? .2 0
~::g~
g~ ~
~~;S
~-go
o C\3 e:
L-a5~
J2 c.."O
Ql 0."0
~ 8 ~
o .. .c
.. 0-
0...."0
o Ole:
I- .5 C\3
a. .
'0. g>
~ 5 :9.-
Cl::= a.
e :> >.
co .0 ;~
J: 't:::=
uCii'5
o~-g
~ 2 C\3
CIl l'll III
- :<= ..
~uJg
b6:~
~c.o.q
~.q
~ i
ci '-' -D
Z~~
il, I
Gac III <
"i 0 u ...
Q)';~
Ol
<(
GI
&0
t: fa "-
III ..c ClI
.cu'E
u CII 0
~~
-o'tSc:
ClI 1\I :I
III J:o 0
"> c E
ClI 0 <
a:U...
..
CP ... 5
~.g 0
III .. E
..cOe(
U ...
'tl
GI
C e 5
ClI c. 0
~ ~ e
uu<
~...
..
..., u c:
C 1\I :I
! ... 0
... c E
:I 0 <
Uu...
..
C
ClI
E
1::
III
C.
ClI
C
ci
z
E 0 ~ E
~~zo~
"-uti~...u
~GI:CGl
ie-5!~
>I:LUUI:L
J!l
1\I
C
'-~
"e
o
..-
o
...;
1ft.
'"
N
N
'"
N
o
L()
..-
::;;:
rD
....
r--
'"
Il"i
o
o
~.
..-
....
~
'<i
N
~
N
N
rD
....
rD
00
'<i
~
..-
r-:
N
rD
....
:::EU
~o::
=~
~ OJU)
en ~~
C o....c
"5. . M
~ ~..-
~ ffi.8
c ,ga3:
~..-~~~~
I::~cn g>~..c
c::o<?jgoo;
~g~(.H~~
rD
e
..-
..-
0;
o
r-..
..-
.8
0.0
>-0
III 0
-eN
:glt'i
1Il"-
.9 Q;
'E~
III ,ga
~g-
([U)
!::...e
~-g
:::i'E
o/l,ga
~ ~
~ c:
o OJ
0.. OJ
1Il.o
:g ~
.Q.s=.
LL,ga
>-1Il
.o-e
c: c:
o 0
~i
~ E
.5 8
a>m
~cE
0. OJ
.5 ~
~ui
-m~
~Q.
-5~
o~
$ .~
!ll 'Jl
~ g
o.C:
E "'5
o 0
o OJ
o OJ
- c:
c: III
~13
.2> .8
t:: III
.- -e
~ I::
J2~
c:
~:g
OJ III
0..9
E 0
o III
u:((
OJ
C ~
Sa:;
,2-e
::> OJ
u).::;
~.9
o OJ
>-::>
1Il-e
-e c:
-e 0
"0;
III OJ
~~
o
U
Gl~
cn-
C c:
1\I .!!l
..c 0
1.1.0
... ::>
oC/)
~ OJ
Gl 0.
.- ~
~ III
eIl-e
> I::
OO!!!
"e
o
r-..
cn
-i
"e
o
r-..
cn
-i
'"
rD
Il"i
r-..
~
N-
..-
~
It'i
...
'"
to
Il"i
r-..
~
cD
L()
N
...
o
o
o
o
o
cD
L()
..-
It'i
....
o
o
o
o
o
cD
L()
..-
It'i
....
03:
~:::E
0..-'
z
.. 0
J2 'i" r:n
gj ~ .~
g..!!!-eE
~Q)\ii~
C1)3:Z-e
~ECDC:
~~'7~
<l: j ~,~
No.. III .0
to OJ I- J: Z '-E gj
Q) rD ~ 0>3: ... CO 1Il_:2
tiO",c:o::CI)"-c:
:':~J,jg() ~O E!!'U
::Er-..oUZ-'O::I-~
I::
o
o
2
'liS
c:
o
U
-'"
(ij
Ui
o/l
rD
~
..-
0;
o
00
..-
-"oc
1ft.
o
o
o
"e
o
o
o
o
'"
r-..
ai
r-..
00
~
o
to
r-:
'"
....
o
o
o
....
"d
OJ
'e-
o.
'0
1::
III
'liS
,5
>-
III
Q)
-e
.8
CI)
::>
-e
III
'liS
8
'"
r-..
ai
r-..
CO
~
o
to
r-:
0")
....
0")
r-..
ai
r-..
00
~
o
to
r-:
0")
....
:::Eu
frlo::
I-
~
:s
'0
c:
III
OJ
'I::
,ga
III
E
'0
CI)
o
III
l!?
o
.5
~
.l2
>-
III
0.
o
I-
cJ
.E
'liS
III
OJ
.::;
::>
o
CJ? L()
U"-~
<l:L()0")
a.o~
<C~o
Gi
o
C
1\I
.c
1.1
...
o
~
.~
~
o
rD
e
..-
..-
Cii
o
cn
..-
N
';;;:e g>
OJ OJ '2
c: -e tIl
~\ii-'
u>cb
-e
III
&
..c
o
III
CI)
CO
OJ
.::;
c:
:.c:t:
~ E
== (p '-
00.. 0
,~ iV':S
~3:.8
.QO~
III - I::
is-s,1Il
.~ " ~
;: C~
III ::E 0
o 3: u
c: LL OJ
o!!!U)..c
o._~
OJ - -
.::;~~
;c5~
~C~
c: Q) _ .
~~$gs
(0),-0
OC'G;;N
...... c: ~ C"i
~~:;~
Q) '- :5 CO
~~-gE
~3::g~
-omro_
~~:g5
I-u:~-g
~.cO-g
~Eg5~
..-OO:';::::;Q)
C:OJ~C
lI..c;aOJ
EI-E.21
Q)c::Ocn
-e '(ii U III
-gE~~
-e ~ I- E
c -a; .:.;::;
~~~O
g> "' "C jg
'C C"') "C c:
OOJ~8
.o-=~Q)
'g '0 al F=
~ 60 .
o ~ CI) ~
':; - () -
e s ffi ';U
Co U) c: c
>...f:.m=
~ ~ .~ fl
~-;'E~
~ '2 'E ~
~ -is 1Il.:((
~-gg-~
'0 C) .... ~
I:: ~ .g.-g
g ~ gi&
E 0 '(3 ell
tIl c:..c
~ ~ oS! E
Omen 0
E ..c c: ~
~~:o~
~Oj~~
~.5 .!!l
-e-"'OJ
.. "Ci) 0 .0
~CI)~=
C 0 - ~
~~~10
ue~=
Ol-o:g~
~ tIl Il"i
.! ~~~~
~ ~.- L()
~ 0'"""0 6- ~
o l!? ...
"e
~
o
N
"e
o
~
o
N
o
o
...;
..-
o
ri
o
to
N
...
o
o
Il"i
~
o
N
L()
....
o
o
cO
~
ci
L()
L()
N
....
o
o
cO
~
ci
L()
L()
N
....
:::Eu
frlo::
I-
-e
c
III
..c
::>
13:::;-
U)o/l
'U)
>-co
.9l0..
tI~
::>I::co
CO ~N
tf'E ~
OOJrD
o..-,rD
to
~
..-
0;
o
o
N
OJ
OJ
~
00
E OJ
,E'[
..0..
sg>>
B'~
0") ..- '~:!2
CO ~OJ3:
L()c:U)-e
'?~w~
~uuo::
<Ii
E
'(ii
13
-0
5l
o
0.
e
0.
~
OJ
'S;
l!?
.8
c:
g
'iij
o
0.
~
OJ
'(3
OJ
0.
CI)
~
'S;
CI)
0::
o
E
'(ii
G
III
-e
Q)
'0
-e
III
o
o
:((
<Ii
:;
-e
OJ
..c
o
o
OJ
~
o
0:::
'(3
CI)
0.
o
.::;
'3:
C
OJ
E
OJ
OJ
III
c:
tIl
E
'0
c:
III
o
c:
o
~
OJ
0.
o
.5
~
.l2
ll::
.!!l
'"
-e
-e
III
~
Gi
01
C
1\I
or;
1.1
...
o
~
GI
.~
Gl
>
o
...- co -.;t
UJO-.;t
coo.....
...-NO
001'-
Z"':.~..
jl,~
-Gee III <c
"i 0 U ...
OJ .:: ~
0)
<C
~ ~
Ole..
e I'll ~
1llJ::'tl
-= U ..
UUlO
;fl.:c
..
'tl1)c
:: f! S
'> c E
~ 0 <c
lru...
..
cu .. 5
~.g 0
III .. E
J::0<c
U <It
'tl
~
c e 5
! Co 0
!::;I'll Co E
- <c
u~...
aJ
c u ~
e ~ 0
.. e E
:l 0 <c
Uu.,.
..
e
~
E
~
III
Co
~
C
ci
z
CD ;fV
E O'tl E
III 0 Z .. III
Zz Oz
... ... t) CD .....
OUl!ClU
'tl~..eGl
;.~~.!~
>Q.uUQ.
Gl
'lU
c
E 0
,gz
e-
o '"
UCOLO
::20<0
oo<f
::2g~
co
~
~
c;
o
~
N
~
~
o
o
~
~
o
o
o
IX)
N
IX)
~
LO
0>
r--
'"
...
o
o
o
...
o
IX)
N
IX)
v_
LO
Cl
r-'
'"
...
o
IX)
N
IX)
"'"-
~
LO
0>
..:
'"
...
::2
uU
UJO::
f-
VJ
Gl VJ
'tl l'll
<1l Q.
" ~
Q)O
"'ro'tl
--"2
8> i ~
ai ~ ~
.c0Q)
U(!)(J)
.S
VJ Q)
-g-S
::I-
Ll.. 0
,.: ~
o >
o-
N Q)
_ "0
LO"O
~ai
::I c::
.... 0
-g:e
Ll.. .!!?
~g.
c:: <1l
~~
o ....
",oS!
.- l'll
~E
"0"0
.... Q)
.c >-
Q).!!1
.c Q)
- 'tl
~,g
'0 Q)
's> ::I
0'0
i5..1)
~~
:.;::; c:
E 8
oS! Q)
m=
c::..9
.Q VJ
ro >-
~~
:or-
or-
E~
l'll:g,.:
'" <1l 0
:gB~
~ ~~ N
VJ-Q)
ro<l:!5
CiiE-'
~~c:
Q) Q) ::I
OlC::"O
c:: = Q)
<1l Q) '0
.c <..) c::
u c: .!!
'" <1l ><
:c := Q)
f- .Q c::
_en <( al
E.c
l ::I VJ
(J)~
~ E oS!
~.J~
c:: Q) c::
.~=g
~E"*-
~ ~ E
_ c:: 0
o Q) <..)
Ui~t5
o ,!g ~
U(1)1:
aJ ..0 0
> = 0
8.j :=
~~~
~f-
~~.!!i
e~ro
III ~:=
'5~Cn
... O.
oc'O
~ ::I ~
'E ~"~
Gl l'll Q)
> Q) '0
O-:5~
,0
O'
LO
'"
~
<f<-
0;
o
o
o
o
co
-.i
o
"'"
...
o
o
o
o
co
,...:
...
o
o
o
o
r-
co"
'"
v
...
o
o
o
o
o
r-"
Cl
'"
...
2
l'll
:=u
Eo::
o
U5
-
'5
c.;>
Cii
'0
~<l:
02
'0
c::
I'll
ro
>
o
E
Q)
0::
'"
~
Q)
o
co (1) a>m
~g>~8.
Lh ~ .~ .~
oUoo
co
o
N
c;
o
N
N
c!
Q)
E
Q)
~
01
I'll
ro
c::
:Q>
o
Q)
:5
.>:
'tl
Q)
~
c:
Q)
:g
"0
c::
VJ
<1l
:=
ro
:5
1Il
ro
c::
rJ
E
o
..:::
o
o
LO
a;
cD
0;
",'
...
o
o
LO
~
IX)
co-
O;
'"
...
ro
>
o
E
~
1Il
ii
QJ
'0
o
.s!
"E
~
Cii
.c
"0
c::
III
QJ
'tl
::I
TI
">:
o
f-
::2
UU
UJO::
f-
cJ
E
oj
:oS
'5
'"
c::
8 '"
<l:~~
~0'7
o::gg
Gi
01
e
III
.c
u
...
o
~
Gl
'E
Gl
>
o
co
o
tv;
~
c;
o
'"
N
~
M
co
M
~
o
'"
co
M
o
o
LO
a;
co'
co
o
v"
...
o
o
o
o
o
o
LO
.....
...
-0
>
Cii
, l'll
t: ....
o III
15 e--e
Cl<(~
c::~
E >. ~
E ~ I'll
Cii a. (J)
a.Gl..9
__"Oro .
__t::(!)"'O
QJ<1l 0::
g'~a5g>
m '(1; :2 :=
.J::Q)O"3
UO(!)o..
<Ii
c::
l'll Ol
o.c::
'0 .~
~ ~
c: u
o c::
U "m
o E
c:: Cii
.2 ro
ro ~
~"O
Q.c::
$ rG
.S m
'C~
~ch
1Il Q)
5=
~o
u c::
t;: Ol
.~ .(;)
TI~
<Ii ~
~ 0
QJ-
's> QJ
QJ ::I
....'0
01'0
.S: Q>
~al
.... QJ
'0 c::
Q.QJ
2 Co
1Il '"
QJ'C
-g 5
TIll..
.S a)
.c <..)
.5:2 ~
.c'C
:= c::
lIloS!
fl ro
.E ~
QJ c::
'" -
a,8i
"w E
~ti
t? .~
o ....
Q.Q.
....'0
.e c::
OIl'll
c:: a.i
:c u
c:: ai
2(j)
(ij 'en
c:: 1Il
~ ('CJ 11
:C~Q)
""O..c:: 'e-
<1l <..) Q.
~5~
'S a._
e~~.9
Q. QJ '"
~ 's> 5
~:::;
~ rJ
QJt;:
~:::g
e <1l E
!~
o c: CD
.... .-..c::
o c: 0
~ g 1Il
.! ~~
~ "u a;
Gl:e~
b ~ ~
o
co
0;
o
N
-.i
N
Cl
.,.
VJ
1)
l!
c
o
U
E
VJ
QJ
01
c::
<1l
.c
U
ro
o
f-
u~
~ ,,)
ciolle
Z.,,-Ol
.....0>
EOlCO
0)..00-
_0
~u
-00
C
Q)
:!
to
o
o
N
...
III
..c
o
ti
o
'tI
~
o
00
III
-S
.s
'tI
III
e
III
m
c:
..
c: ~
IlIf'tl
Cl ... ...
~li8~
.&: E ..
o 0 0
~~
iii ..
GI .E -8
ClCl...
~c:"l:0
IllOi:
.&: E 0
oo~
~
..
Gle
'tl'E::I
5\ 0 0
>i:E
GI 0 <(
a::~...
o di ....
...'tIC:
&0 S
lii:i
.&: 0
o~...
~ ..
..'tiC:
c: ... ::I
f 0 0
Si:<(E
o
o~...
...
<II
~
E
$
Co
<II
m
...
GI"
iii'tlS
.5 0 ~
Cl~ <
5~...
I-
"
o
a.
W
"
m
a::
W
c
a::
o
x:
a::
o
:s:
o
?-
m
W
Cl
Z
<
J:
U
W
>
~
a::
?-
m
Z
~
c
<
...
c:
GI
E
1::
III
C.
ell
C
o
Z
.. 0
-8z
.. ti
o III
~.b
.. c:
o 0
~o
Gl
E
III 0
ZZ
..
o
'tI
c:
ell
>
$
III
C
E 0
~z
..
-8 ~
o~
Gl ..
g ~ g
e-! '2
a.oa.
~
o
o
o
o
~
o
o
o
o
o
g
o
o
M
...
o
o
o
...
o
o
o
o
o
o
M
...
o
o
o
o
o
o
M
...
Cl
C
'C 1Il
$ B
C .-
'g> ~ g;
wm-l
M
o
cb
o
.J.
N
M
C?~
G::M
oM
iJjc.:.a
-,0
o
z
Cl
,50
Qi
III
C
'5>
C lii
w T""a::
C Ql 1Il
~ g> is
E < lll'e
~zB~
~
a;
o
1Il
Ql
'5
::I
Ci5
~
o
o
o
o
~
~
o
o
cD
E
-
C
o
~
0..
E
8
.9
~
III
"0
Cl
v
"0
"0
III
.9
"0
C
III
1Il
Ql
-
'(3
$
"0
Ql
t5
2
1il
C
o
o
...
.E
"0
Ql
"0
Ql
Ql
C
e
Ql
E
5l
III
Ql
'15
C
~
';;;
'S
0-
o
III
o
o
o
o
o
Iri"
T""
...
o
o
o
...
-g
Qi
"0
C
!!!
1Il
Ql
.!sl
c:
5l
'15
c:
Ql
E
~
0.
...
.E
;;;
.Q
co
o
o
o
o
o
Iri"
T""
...
o
o
o
o
o
Iri"
T""
...
6J~
:J;::E
Cl.-l
...
.E
.<:
S
~
1Il
"0
C
tIl
C
o
0..
'C:
o
1Il
Ql
"0
co
0>..:
Ql Ql
ro"E
QlO
n;~
0.0
~~
.9~
80
.~
Ql
1Il
"0
"0
III
o
f-
.~
.<:
o
E
;;;
<(
Ql
:;
"0
Ql
.<:
o
m
.9
1Il
Ql
"g
0>
.2l
~
0>
C
IE
~
0:
Ql
>
<=
"0
"0
tIl
~
T""
o
cb
o
8
N
M
r:o
~re
u..M
;::E,
~o
&
C
.9
g>
.~ .~
QlZ$
~ ~ e ~
;::E ooo.E
c~&cg-~
~~c~me
=~~i3.~ Co
~r-UCl.u...E
<..i
.5
Gi
Cl
C
III
.&:
U
'5
~
.~
~
o
l!S
;or
N
co
o
N
~
r-
Itl
-i
~
r-
Itl
-i
o
o
N
r-
CD
ri
r-
T""
...
o
o
-i
<0
Itl
r-:
...
o
o
ex)
<0
o
<D
CD
T""
...
o
o
ex)
co
o
<D
~
...
6J~
::J::!E
Cl.-l
N
T""
.J.
o
t:~
~p;
88
~
1Il
tIl
f-
.5
"0
Ql
"0
::I
-0
.5
ell >-
Cl"O
c: tIl
!~
u III
... 1Il
0'-
~ 1il
a; 0
.,. U
~ a;
~o
OZ
-ci
0::
... C
Q) *~
~ 8.~
;::E ~:3
O/l Ql-
'- ii co
5l ~ g
~ ~s
Cl Ql E m
0. to 0>'-
Er-[ijfl~
tIlSf.<:Ql::>
Ur-UO::Cl.
CD
o
i?i
fa
o
M
.'!i
';;;
C
o
~
1Il
...
.2l
1Il
8
.c
Ql
>
OJ
E
.2l
co
C
tIl
...
.E
1Il
2l
.~
Ql
1Il
>-
Ql
c:
:J
1Il
co
C
g
'5
"0
tIl
..
.E
Ql
"0
'S;
e
0.
o
I-
~
o
<0
N
ai
~
&l
N
ai
o
o
.,.;
N
CD.
:;
...
o
o
.,.;
M
Itl
C'"i
...
o
o
ci
Cl
o
00
M
...
o
o
ci
Cl
o
00
M
...
Cl
~~
Cl.-l
N
o
cb
o
J,
<0
r-
M
t:
UJ
00
c
g
S
en
0.
0> E
C :J
"5i a..
ell 'C:
C 0.
'g> ~ .!sl
w~8,o"'5
~g[ijlfl~
dl:::BEi::t
Gi
Cl
C
III
.&:
U
'5
~
~
~
o
to
~
to
o
a;
o
v
<Ii
>-
III
"0
CD
M
>-
.c
Ql
E
-
C
o
Q)
0.
E
8
"0
C
.2l
x
Ql
.s
"0
C
III
C
0>
';;;
Ql
"0
.2l
III
5
o
o
tIl
C
III
Ql
"0
'S;
o
a
.9
Qi
"0
o
.S:
C
g
~
::>
0>
<=
C
8
Ql
&
co
C
~
'5
"0
III
t5
Ql
.<:
o
o
f-
Gi
Cl
C
III
.&:
U
'5
~
.~
~
o
~
o
N
<0
ex)
T""
~
&>
N
.,.;
'1'
o
o
N
M
<0
o
N
...
o
o
ci
o
M
C'"i
...
o
o
N
M
Itl
r-:
T""
...
o
o
ci
o
o
o
CD
...
1Il
~
1300
lll-,
u..-l
N
o
cb
o
en
N
Cl
M
r:
u..
~
J:
U
~
o
0.
e
0.
1Il
c:
S
:;
1Il
C
o
U
Ql
=
.5
"0
Ql
"0
:J
-0
.S:
Ql
~
::>0
.cO
.0
~g
... ...
0.....
~ 0
oc
;;; is
co E
.5 1\1
.~ (l)
0=
Ql .S:
-E d5
C"O
o 0
"'5
o~
::: 0
Ql ;;;
;'"0
;; ~
C 0
.@ x
Qlw
-Ei.9
~o
.- z
~ tIl
~ ~
-EC'"i
EW
;;;<0
T""
o
Q
ai
:;
i.
.,.
C
o
~
Ci5
.~
Qi
<..i ~
.s: ~
._ 'fi
J: Qltll
::!E Cl 0> u..
NoC1i)
J:~jg.!J2
UItlUu..
5l E
~~
Cl. III
.s-g
1Il Ql
Ql 0>
:0<(
III
l!!
::>
.c
E
.~
'15
C
g
'5
"0
III
Ql
=
...
C
:l
o
E
<(
~
III
'tI
o
.>I:.
'-
o
:s:
.s
1Il
III
Cl
C
'"
.&:
U
iii
'0
f-
8
o
N
Iri"
N
>-
:;
-,
C
o
U
U
00
Ql
'-=
.E >-
Ql.c
'tI"O
"S; Q)
o >
0.[
o 0.
f- III
1Il
tIl
;;;
CD
~
T""
T""
0;
o
c; CD
Cl"O
i 0
.&:~
C.l ...
'5 ~
~~
':; I-
Qi2
> 0
OZ
Itl
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E1 I
October 100 2006
Page 9 of 44
PROJECT NAME: Various Plat Studies PROJECT #: NA
/-
BIDIRFP #: 02-3324 MOD #:
1
POI: 4500063503 WORK ORDER #: JEI-FT-3324-06_03
DEPARTMENT: En
Services
CONTRACTOR/FIRM NAME: Johnson En
Original Contract Amount:
$ 30.000
(Starting Point)
$ NA
(Last Total Amount Approved by the BCC)
$_30,000
(Including All Changes Prior To This Modification)
$ 0
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractIWork Order Amount:
$ 30,000
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 0
Date of Last BCC Approval
NA
Agenda Item #
NA
Percentage of the change over/under current contract amount
Fonnula: (Revised Amount I Last BCC approved amount)-1
o
%
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required;
equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC administratively, Changers to these work orders that exceed those thresholds require prior BCC
approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is
required. If in doubt, contact your contract specialist. For more specific information regarding wOrk order thresholds,
please refer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S): ORIGINAL:
remains open until funds are spent.
Ooen. Various prat's. blanket wO
CURRENT: Blanket PO
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To add five (5) staffina cateaories to the work order to
allow for payment.
PARTIES CONTACTED REGARDING THE CHANGE: Vanessa Brantlev, Finance: Linda Best. Purchasing
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
L Proposed change is consistent with the scope of the existing agreement
L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
X- Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVED BY:
Date: C -/"7 -6 b
Date: R-/J.{)fo
Revised 3/29/06
,. ...;,
....
iJ~
~ ;>
ciolle>
z.,-Q)
...01
E(].)ctl
C1)..oo..
......0
~13
-00
c
C1)
Jl
c CII
CII ~ "
~::.lo
~~U.a:
.I: E ..
Ue~
...
<D
Q
Q
N
Gi
..Q
o
ti
o
"
~
o
w
Cll
;S
o
...
"
Cll
C
Cll
II)
Cll
c:
"i ..
CII.5-8
~.g>>o
~~O.a:
.I: E ..
Ue~
...
Gi
""c
GI .. ::.l
II) 0 0
"> ~ E
CII 0 c(
a:;:.,.
o ; ...,
_"C
&0 is
iof~
.I: 0
u;:.,.
..
CII ...
c 'E g
eO 0
5 -f E
uoc(
;:.,.
Gi
Q
E
CII
a
GI
f/)
iiic
c .. ::.l
_o~
.g>>-f<
o~.,.
I-
a:
o
a.
W
a:
(f)
a:
W
c
a:
o
~
a:
o
;:
o
l-
f/)
W
Cl
z
<(
:r:
u
W
>
~
a:
l-
f/)
Z
:E
c
<(
...
C
GI
~
~
Q.
CII
C
o
Z
.. 0
-8z
OU
-f~
o c
;:8
o
Z
CII ..
E -8 ~
~~o~
Bu&t)
" CII C CII
;~~2'
>a.ua.
GI
'Iii
c
E 0
~Z
~
..
o
o
o
~
..
o
o
o
o
o
o
o
o
o
'"
....
o
o
c:i
....
o
o
c:i
o
o
o
'"
....
o
o
c:i
o
o
o
'"
....
Cl
C
oc: (/)
t~
'c, ~
C 0) ~
W(/)....J
'"
o
rh
o
~
N
'"
"'~
~N
L7~
WN
....,0
g' II)
'!: 0)
0) '5
0) ::l
.~ ~
W c::
CO)Il)
g ~ is
.2 cC III 'C
~zt5~
~
co
as
o
~
~
o
c:i
~
..
o
o
c:i
o
o
c:i
o
o
iii
~
....
o
o
c:i
....
-0
Cll
lD
"0
C
e
II)
0)
.!./
~
5l
'0
C
0)
E
,.,
III
0.
...
.l2
~
"i
o
o
c:i
o
o
iii
~
o
o
c:i
o
o
iii
~
....
c
~~
a......J
.~
.s=
<)
::=
;:
cC
Cll
"5
"
0)
.s=
<)
(/)
.9
<Il
Cll
'!:
o
Cl
$
~
Cl
C
IE
.!!l
III
e
0)
>
""
"0
"0
III
~
~
o
<b
o
111
N
'"
~o
u:.?-l
::2'?
~o
&
C
.9
Cl
C
~ .~,~
..: om~
~ ~!?C5
:E ~CDliE
'11"'" Q) c: ;:, Q)
5~g'~(/)1;
$01ll=0) 5.
~;::B~il:.s
CD
en
c
l'll
.I:
U
'0
ii:
Ql
~
~
o
8
~
N
as
o
N
ai
~
C
o
Qj
Q..
E
8
.9
<Il
,.,
III
"'0
Cl
~
"0
"0
III
.9
"0
C
III
III
0)
~
'0
.,\lJ
"'0
Cll
1:5
2
1ii
c
o
<)
...
.l2
"0
Cll
"0
3l
c
c
0)
E
0)
III
III
Cll
'0
c
.g
'iij
':;
g-
III
...
.l2
.s=
.l:l
0)
"'"
III
"'0
C
III
C
o
Q.
.5
<Il
0)
"'0
'1ii
~c5
1lI"E
0)0
~-l!:
0.0
e~
0.0)
.9-5
1Il_
fl 0
.~
Cll
III
"
"'0
III
o
I-
'eft.
r--
Lt")
-.i
~
..
r--
Lt")
-.i
o
o
N
r--
<D
",.
r--
~
....
o
o
~
Lt")
,...:
....
o
o
cO
co
o
<Ii
'"
~
....
o
o
cO
co
o
<Ii
'"
~
....
@~
::>::2
a......J
N
~
~
o
~~
~c;;
o'
08
"'"
III
III
I-
.5
"0
0)
"'0
::l
(3
.5
Gl ,.,
01"0
C III
~~
... III
0:;:
ii: <Il
Gl 0
.~ 0
G).!
> 0
OZ
"0
a::
tv 6
$ '(;)1;)
~ 8.~
::2 ~3
06 0)
... t6 C'O
~ ~ 5
l1) ~11~
o O)ECi5
~le ~~ ~
III ~.s= Cll::l
o r--oa:: a..
~
Lt")
N
as
o
'"
'eft.
co
N
ai
'eft.
co
N
ai
o
o
.0
N
"'-
~
....
o
o
.0
'"
Lt")
M
....
2
'iij
c
o
N
<Il
..
J!!
III
8
.0
0)
>
ro
E
J!!
'1ii
c
III
..
.l2
<Il
fl
.~
0)
II)
,.,
0)
~
::l
III
'1ii
c
g
'5
"0
III
..
.l2
Cll
"'0
.:;;
e
0.
o
I-
CD
01
C
l'll
.I:
U
...
o
ii:
~
Cll
c3
o
o
c:i
Cl
o
<f5
'"
....
o
o
c:i
Cl
o
<f5
'"
....
@~
::>::2
a......J
N
o
rh
o
J,
co
r--
'?
I:i::
uJ
w
Cl
C
'!:
Cll
Cll
C
'c,
C
w~
0)'"
]-g
CD~
c
.2
ro
Ci5
0.
E
::l
a..
'!:
0.
III
~o,g
g''O ~
~~-g.
o$:r:
'"
~
'"
~
Cl
o
~
~
..
~
cO
....
'eft.
c:o
N
.0
9
o
o
N
'"
co
o
N
....
<Ii
,.,
III
"0
'"
'"
,.,
.0
Cll
E
...
c
o
~
Q..
E
8
"'0
C
J!!
)(
0)
.9
"'0
C
III
C
Cl
'iij
0)
"0
J!!
~
::l
<)
<)
III
C
III
0)
"'0
.:;;
e
0.
.9
Qj
"'0
:s
.5
c
g
!!!
::l
Cl
""
c
8
0)
:E
'1ii
c
g
'5
"'0
III
"'"
<)
0)
13
o
I-
o
o
c:i
o
'"
M
....
o
o
N
'"
Lt")
,...:
~
....
o
o
c:i
o
o
o
'"
....
<Il
~
'0 CD
Ill....,
LL....J
N
o
<b
'i'
Cl
N
Cl
'"
~
LL
N
J:
o
c
g
.!!l
(/)
Cl
,5
Qi
o ~
.E ~
J: O)~
::2ClClLL
NOC:-
:r:o~31
o&:JoG:
CD
01
C
l'll
.I:
U
'0
~
~
5
'"
~
~
....
0;
o
Lt")
~
8-
e
0.
III
C
.!!l
"5
III
C
o
o
0)
:5
.5
"'0
0)
"'0
::.l
(3
.5
~
~
::lO
.00
.: o~
0)0
"E~
o ...
"'" 0
~g
'1ii 0
.5 ~
,g' 0)
0:5
Cll .5
:5 ..
C 0)
0"0
S 0
0"'"
~ 0
Q) ;:
>."'0
~ ~
~ ~
O)W
-Ei.9
III '0
.5 z
~ III
~ g:
13 ",.
::=u..i
;:cD
~
5l E
~~
a.. III
.9"E
III 0)
Cll Cl
:acC
~8
::.10
.oN
EIIi
.~ N
'0-5
c....,
g 5
'50
a10
CllCD
:5 Q)
...:5
.l2 >-
Q).o
"0"0
':;; Q)
o >
;s.~
o 0.
I- III
III
III
;:
Gi Ci;
01"0
; 0
.1:"",
U ...
'0 ~
~~
~t:':
!:~
oz
<:>
<:>
ai
:,;
..,f
....
....
...
!:
::.I
o
~
l!!
III
"'0
o
"'"
5
~
.2
III
Cll
cn
c
..
.r::
U
'1ii
'0
I-
Agenda Item No. 16E1 .....
October 10, 2006 .-..
CONTRACTIWORK ORDER MOOrFJCA T'ON Page 11 of 44
CHECKLfSTFORM
PROJECT NAME: ~~ ~ ~~ IMf'I(l:lU~M~ROJECT #: f Li- 0'2,'3 f
BID/RFP #:~OD#:----L--PO#:4~D.ClOb.'?ZOtt WORKORDER#: W,....,l:'~FT-'ZqO ~~ I
DEPARTMENT: Pu'l:i"D CONTAA.CTORlFrRM NAME: W11~QN ''-\d..lae :t~,-
Original Contract AJ1unmt:
S is! 000 ,bY
(Slartin g Point)
Current Bee Approved AniOlUItl
$
(Last Total Amount Approved by the:BCC)
Current Contract Amount:
$
(Includ ing AJl CbBllges Prior To ThIs MOdlticatlon)
Change Amount:
$ 0 ..00
S \51ooo,OD
(fncluding This OIangc Order)
Cnmulatfft DoRar Value of Chatlge5 to tIIis Contrac:tJWork Order: $ 0 , 0 0
Revised ContractIWork Order A..Ii1ouut:
(r'
Date of Last BeC Approval
Agenda Item '#
Percentage of the change Oyer/under current contract amOQnt
Fonnula: (ReYlsed Amount I Last ace approved amount}-1
Reeult9 and Ac6ons: Contnlctll: If the Clmnga ~ 10% of the current Bce amount, then Bce approval I. requ~: gqua/ In or I~ than 10%
reported 10 Bee by the purolla$ing departlllent CCNA WOlf\: Ordtn: For Ill! watc OI'dens that 1IlC~ 190.000 whll/1llhe Mange cf _ net exClllld 10%
Of $10,000, IhIlSll dl8nges ere repotlel2 by Iho PUrchllSing DepeI1ment to the !!Ice 8dmInislrallYely. Cha~ to 1Ile:s$ 1l'lII1I om., ~ (hat exoeed lIlo:le
thleshold= roquft prior Bce llppn)VaL NClN-CCNA, Work DrdtIlII: If lhe chtInoe em:eds f~ oIlhe cwrent BCC amount, tI1en ace spproval III
requiled. If in doubt, contact your CO/llt.Ilcl specialist I'or more IIPeclftC Intonnllllan "'!lIming WOrk onfer lh""okfs. $ltIe refiIr 10 Ih8 Procurement
Admlnistrel:ion ProeedLnlll,.sec:tIon IV.a.cf.
CURRENT COMPLETION DATE (S):ORIGINAL: ~CURRENT: G\ \ ~C\ ] () C,;, _
SUMMARV OF PROPOSED CHANGE; (S): Identify the changes. A.'\:)1;:) , "'l.:>o-.I o~ ~/ll.\J~ loJ~j:;DRP
"T'o ~eIlpA..~ A.-~ 'P~p.ti"o..... ~ ~..'tl:A-\ ~Q..~~r MQul"l'..+u)1'\
o
%
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changeS provide to the project? .
~N e~O"\~ ~ U6,!Ilt'C>e.-c;> 't'O V.vLoUJ CoLlA &iUt. ~~~ fV'\411\l'\'iW~
~G~ T'O .tA:>~TKO ~~ I-'n~ . ,
PARTIES CONTACTED REGARDING THE CHANGE: \.0\ \<t,o~ ~'\ \-. \-.&.1'2... .,
~.KJ ~~ 17L~"'t"e.la.C,J<;\"l'~,",
IMPLEMENTATION STEPS (V(~rify each before proceeding with change u$ing V, Nor N/A)
:L Proposed change is consistent with the scope of the existing agreement
::L. Proposed change is in fact an addition or deletion to the existing scope
:L Change Is being implemented in a manner consistent With the existing agreement
.:J... The appropriate parties have been consurted regarding the change
.:L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOIVIMENDA TION: This form is to be sIgned and dated.
APPROVE BY:, J:--j \_~"-~w ate: '{ \'2,.~J00
ProJect M a er ~~ ~ /
REVIEWED BY: Date: . ~~-b
Con cral/st
Revised 3/29/06
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E1 3
October 10, 2006
Page 12 of 44
~ROJECT NAME: Reclaimed Water Booster Pump Station at Livinaston Road PROJECT #: 74076
1 PO#: 4500030667
WORK ORDER #: CDM-FT-04-12
BID/RFP #: 00-3119 MOD #:
DEPARTMENT: fY..5Q CONTRACTOR/FIRM NAME: Camp. Dresser & McKee. Inc.
Original Contract Amount: $ 166.088
(Starting Point)
Current BCC Approved Amount:
$ 166.088
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 166.088
(Including All Changes Prior To This Modification)
Change Amount:
$ 7.584
Revised Contract/Work Order Amount:
$ 173.672
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 7.584
Date of Last BeC Approval: 6-22~06
Agenda Item # 16-C-13
Percentage of the change over/under current contract amount 4.57%
Formula: (Revised Amount / Last Bee approved amount)-1
- .. "
: Results and ActionS: Contracts: If the change exceeds 10% of the current BCC amount, then Bee approval Is required; equal to or less than 10%
, reported to Bee by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed those
thresholds require prior BCC approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval Is
. required. Jf In doubt. contact your contract specialist. For more specific infonnation regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (8): ORIGINAL: 1-13-06
CURRENT: 6-30-08
. SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional survey services.
, JUSTIFICATION FOR CHANGE.(S): What value or benefit do these changes provide to the project?
. Survey of an alternative Booster Station site.
PARTIES CONTACTED REGARDING THE CHANGE: Desion professional. former Proiect Manaaer.
Principal Proiect Manager. and Enaineering Director.
, IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is.in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
. l The appropriate parties have been consulted regarding the change
L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY:
Date: 3- ;z..q. -CJ6
Date: 5)/1:1 ~10b
REVIEWED BY:
Revised 3/29/06
_..Ci.';':';~.'{"'" -~..'.~:.'-:..l..-tjty"~-::r,;,: -~/.;~
,.,~~..
Agenda Item No. 16E 1
CONTRACT/WORK ORDER MODIFICAnON . Oct~~~~ \~ ~~~~ .~
CHECKLIST FORM
. r~Les B"F ~,
PROJECT NAME:fu~r> ~ATio~ "'''t-=l~\\C.... .):'~ROJECT#: ""O~<O~'
BIDIRFP#: 1J5o?J11ioo#:_ / PO#:\.\s- s.~t~~ WORKORDER#:-eE-f'T"'~1S~0is0't,.
DEPARTMENT: ?L.\Ep CONTRACTORIFIRM NAME: ~\..ra. :t;~'\.,t&-\tJ~~
Original Contract Amount:
$
'O~) o~ 0 rOO
(Starting Point)
Current BCC Approved Amouo.C:
$
(LlI.9t Total Amount Al'I'rolled, by the BCC)
Current Contract Amount:
$ ~. O~Or 0 r,)
(Including All Changes Prior To This Modification)
$ ~I -;"3>r;, 0 v
$ 4\~ (pZ~,Q.)
(Including This Clumgc OrcIer)
Change Amount:
Revised Contrac~ork Order A.mount:
Cumulatlve Dollar Value ofChafl1ges to this ContmctlWork Order: $
"'3 '=' ~ > d) <)
~
Date of Last BCe Approval
Agenda Item #
Percentage of the change over/under current contract amount
Formula: (Revised Amount I last Bee approved amount)-1 .
Results and ActIonc: Contracts; If the change elCeeedll 10% of the current BeC amount, then Bee approval Is required; equal to or less than 10%
reported to Bee by the purchasing depal1ment. CCNA Work OnfMS: For an work orders that exceed $90,000 where the change C oes not elCceed 10%
or $10,000, thau changes are reported by the PUrchRSIng Department to the BeC admlrlfstratlvely. Changers to these work ordel1l that e_lId those
threshold8 requiJe prior Bce approval ~ION..cCNA Work 0rcIItr&: If the change exceecl8 10% of the ourrem Bee :Imount, ttll!.n aee approval is
requlriJd. If In doubt, aontact your contrael: speclaUn For rrICe spec/lie Infonnatlon reg~lng work order thresholds, please refer to the Pl'OCIll'Bment
Admfnislr8tion Prooedufe8. ScactIon 1V.3.d. () L'I ! 11 {ltJc:(,
CURRENT COMPLETION DATE (S):ORIGINAL: .t?fff ,,( '2..00,," CURRENT:. ~~ i'i~, 4,.,r,o """
~.'2. %
SUMMARY OF PROPOSI:D CHANGE; (S): Identify the changes. It.Je.a.~ ~~ l' .,. ,....... "\0
to"""V')..~ -r.........lC- "$D.: ~"h.- "~~IJ\Go~ I"" o,lLS'IItL ""l"O 'P'Ioot_ @' c;..t"t'"l!.
'* vc.e.t f'ot \- h,'.I121 CDn1Pl tu.......olr- i o~o;. ,
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to thEI project?
ll:\"'~ \tbl.1e- ?~ et~ nOT' 'QQ.OUt""a I:O.~I>,-",,>\... ,~~CV\.....t";: ON To ~uf'~"'k.1
'Y~~ "" 'f'\-\'fL t-.1~~'"1 ~""4Ho ~~... ,ll.f.J ex t...c.-vp..-r\ 0 N TO \I ~ 1~. LUN;. tJl5WP.
PARTIES CONTACTED REGARDING THE CHANGE: ~~ 'b.Ntt(\"I~Il''''''t
"'RJcu..""'~(oN~ ~ \JJM'ae.., ~e.uno"'.
IMPLEMENTATION 8T PS (Verify each before proceeding with change using Y, N or N/AJ
.).cproposed change is consistl~nt with the scope of the existing agreement
.l:!. PropOSed change is in fact 81n addition or deletion to the existing scope
:t... Change is being implementEld in a manner consistent with the existing agreement
::L. The appropriate parties have been consulted regarding the change
:L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER Rf:COMIllfSNDAtlON: This form is to be signed and dated.
fAPPROVE BY: ~~~~L:1f\ Date: 0\\ <; , DV
Project anager, t.J.o.6l-"'P<<- ~\11. ~
Revised 3/29/06 ~. tJ ~ .
Jh . ;{")
~ Cjxt!...L~
9/s7CG
\9f'b
,'.-....~;;,..
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E1
October 10, 2006
Page 14 of 44
6"
BID/RFP #: 06-3929 MOD #:
PROJECT #: 52009
PO#: 4500065326 WORK ORDER #: CH2-FT -3929-06-02
PROJECT NAME: Fleet Facility
1
DEPARTMENT: Facilities Manaaement
Original Contract Amount:
Current BCC Approved Amount:
Current Contract Amount:
$17.532.00 (Starting PoInt)
$60.000.00 (Last Total Amount Approved by the BCC)
$17.532.00 (Including All Changes Prior To This Modification)
Change Amount:
Revised ContracUWork OrderAmount:
$3.300.00
$20.832.00 (Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order:
$3.300.00
Percentage of the change over/under current contract amount: -65.28%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
..--.c
'ate of Last BCC Approval July 25. 2006
Agenda Item # 16.E.3
CURRENT COMPLETION DATE (S):ORJGINAL: 9/18/06
CURRENT: 9/18/06
SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. The work order was approved by the BCC not
to exceed $60,000 and executed in phases. The reimbursables were inadvertently left out of the phase 1 work
order but were part of the total proposal.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This
chanae will correct the mistake.
PARTIES CONTACTED REGARDING THE CHANGE: Purchasina: Linda Jackson. Facilities: Peter Hayden.
CH2M Hill: Mike Mackenzie
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l proposed change is consistent with the scope of the existing agreement
~ Proposed change is in fact an addition or deletion to the existing scope
~ Change is being implemented in a manner consistent with the existing agreement
~ The appropriate parties have been consulted regarding the change
~ proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
P" 'e
REVIEWED BY:
C nt
: This form is to be signed and dated.
Date: 11 ;joG
Date: 111t ( ~
Revised 4/2512005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E1
October 10, 2006
Page 150f 44
PROJECT NAME:
Indoor Air Quality Services PROJECT #: NA
SID/RFP #: 05-3747R MOD #: 1
PO#: 4500055813
WORK ORDER #:
NA
DEPARTMENT:
Facilities Manaaement
CONTRACTORIFIRM NAME: Pure Air Control Services
Original Contract Amount:
$ NA
(Starting Point)
$ NA
(Last Total Amount Approved by the BCC)
Current BCC Approved Amount:
Current Contract Amount: $ NA
(Including All Changes Prior To This Modification)
Change Amount:
$
so
Revised ContractIWork Order Amount:
$ NA
(Including This Change Order)
Cumulative DolJar Value of Changes to this ContractIWork Order: $ $0
Date of Last BCC Approval 9/27/05
Agenda Item # 16.E.4
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required;
equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC
approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is
required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds,
please refer to the Procurement Administration Procedures, Section IV.3.d.
o
%
CURRENT COMPLETION DATE (S):ORIGINAL:
9/26/07 CURRENT:
9/26/07
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To provide for reQuests bv Owner. additional testlna
methods are beina added to the contract.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?These additional
testina methods provide for a better air aualitv testina system for the County facilities.
PARTIES CONTACTED REGARDING THE CHANGE: Damon Gonzales, Facilities Management, Jennifer Cooper,
Facilities Management, Scott Johnson, Purchasing, Linda Jackson Best, Purchasing, Cheri LaFara, Finance.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
L Proposed change is consistent with the scope of the existing agreement
L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
,
i
I
ENDATION: This form is to be signed and dated.
Date: ?/{g/o6
Date: <1,1/ r julo
~,'.:";..i:'_,, .,.0" ";;..,;(;2;;', ,:~."
.... _._~~-~~""",-;,S:" .'-,.:....
CONTRACT/WORK ORDER MODIFICATION
CHECKUSTFORM
Agenda Item~o. 16E 1
October 10, 2006
Page 16 of 44
PROJECT NAME: Rattlesnake /OCk Rd. PollY Ave to Collier Blvd.' PROJECT #: 60169
BID/RFP #: 03-3446 MOD #: 4 POI: WORK ORDER t/.:
DEPARTMENT: TE&CM
Original Contrad Amount:
/
eurrellt BeC Approved Amount:
Currellt Contract Amount:
$ 1.244.823.00
(Including All Changes Prior To This Modification)
Chuge Amount:
$ 11.515.00
S 1.256.338.00 v"
(Including This CbWlge Order)
Revised ContractlWork Order Amount:
Cumulative Dollar Value oC Changes to this ContraetlWork Order:' $ 269.978.00
Date of Last BCC Approval 4/26/05
Agenda Item #
16B1
Percentage of the change over/under current contract amount 1.88 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures. Section III.C.4.
CURRENT COMPLETION DATE (S): ORIGINAL: December. 2005
CURRENT: 12/31/2007
~UM~ARY OF PROPOSED CHANGE IS): Identify the chanaes. Chanae Order No.2 orovides comoensation
~ro ide for desien ~~ces to be :~~e~to orovide environmental survevine and reoortinc on the oroiect as
~uir:d ~; the ERP 0 e ~ issued M . This is In resoonse to a notice received from SFWMD and is
uir d keeo the roie in comoliance with the oermlt documents. These services were not oreviouslv
Drovided for in the contract.
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project?
The ERP oermit issued bv South Florida Water Manaaement District reouires a Bic Cvoress Fox Sauirre
su~ev and ;onit~rina for their ~resence durina construction. The permit also reouires that a Wetland PreservE
Ba;:line Monitorine Re:rt be oreoared and that the Preserve be monitored and reoorted on over time. We failee;
to t this uo and as a suit have been out on notice bv SFWMD. These services need to be orovided to keel
the oroiect in comoliance with the oermits.. .
PARTIES CONTACTED REGARDING THE CHANGE: TE&CM Director and the Desion Consultants
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
..::f- Proposed change is consistent with the scope of the existing agreement
L Proposed change is in fact an addition or deletion to the existing scope
..::f- Change is being implemented in a manner consistent with the existing agreement
..:::L The appropriate .parties have been consulted regarding the change
..::f- Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMEN ATlON: This form is to be signed and dated.
P4/-~ ~
rt/lr/~h
;P-//-.a~
APPROVED BY: Date: f"- /J-:"'oh
Jay A d, P.E; Dire r, Transportation
Engineering and Construction Management
APPROVED BY: Date:
Norman E. Feder, AICP, Administrator
Transportation Sl':lrvices Division
Revised 4/25/2005
.--
.....il,/(,,;.;;........;..:;;..J,
'-" L
'....- ,;.,~.~
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Ite~o. 1 E1
October 10, 2 06
Page 170 44
PROJECT NAME: New Market Road Intersection Improvements At Charlotte Street
PROJECT #: 60016
BIDIRFP I: 05-3742
MODI:
3
POI: 4500043023 WORK ORDER I: N1A
DEPARTMENT: Transportation EnaineerinA & Construction ManaQement
Original Contract Amount:
$544.565.20
Current BCC Approved Amount:
$861.537.30
Current Contract Amount:
$874,836.82
Change Amount:
~
Revised Contract/Work Order Amount:
$874,836.82
Cumulative DoUar Value of Changes to this ContractIWork Order: $330.271.62
Date of Last BCC Approval 1/11/05
Agenda Item # 16B7
Percentage of the change over/under current contract amount 0.00%
Formula: (Current Amount I Last Bee approved amount)-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d
CURRENT COMPLETION DATE (8): ORIGINAL: October 20.2005
2006
CURRENT: September 29,
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The original completion date was October 20,
2005. Due to change Order #2, date of completion revised from October 20,2005 to March 29, 2006 (increase by 150
calendar days). This change order is being processed to extend contract time to September 29, 2006 (increase by 153
calendar days) to allow the contractor to finalize the signal work on this project.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The
original completion date was October 20, 2005. Due to change Order #2, date of completion revised from October 20,
2005 to March 29, 2006 (Increase by 150 calendar days). This change order is being processed to extend contract time to
September 29, 2006 (increase by 153 calendar days) to allow the contractor to finalize the signal work on this project.
PARTIES CONTACTED REGARDING THE CHANGE: Bill Ketron (APACl. Julio F. Odornez (TECM). A.
Nvankadau Korti (TECM)
IMPLEMENTATION STEPS {Verify each before proceeding with change using Y, N or N1A}
- Y - Proposed change is consistent with the scope of the existing agreement
- Y - Proposed change is in fact an addition or deletion to the existing scope
- Y - Change is being implemented in a manner consistent with the existing agreement
- Y - The appropriate parties have been consulted regarding the change
- Y - Proposed prices, fees and costs set forth in the change are reasonable
MMENDATION: This form Is to be signed and dated.
Revised 10/5/05
-~.....
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E1
October 10, 2006
Page 18 of 44
4
BID/RFP #: 05-3876 MOD #:
5 (five) PO#: 4500054219
PROJECT #:
WORK O~DER #:
60169
PROJECT NAME: Rattlesnake Hammock Rd
DEPARTMENT:
TECM
Original Contract Amount:
$ 23.298.102.25
(Starting Point)
Current BCC Approved Amount:
$ 23.298.102.25
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 23.298.102.25
(Including All Changes Prior To This Modification)
Revised Contract/Work Order Amount:
$ 0.00
S 23.298.102.25
(Including This Change Order)
,~'"
........t
Change Amount:
Cumulative Dollar Value of Changes to this ContractIW ork Order: S
0.00
I ~"':i t
Date of Last BCC Approval
9/13/06
Agenda Item # 10L
-Cercentage of the change'over/under current contract amount 0.00 %
ormula: (Current Amount / Last BCe approved amount)-1 .'
R.esults and Actions: If the change exceeds 10% BCC approval Is required; under 10% reP<?fled to BCC on Purchasing
report. For specific information regarding work order thresholds, please refer to the. Procurement Administration
procedures, Section IV.3.d
CURRENT COMPLETION DATE (S):ORIGINAL:
1/11/08
CURRENT:
1/11/08
..... ~~ ,
JUSTIFICATION FOR CHANGE (S): What value or beneflt do these changes provide to:the project? The Duroose for
this Iiahtina installation is to restore the liahtina that was disconnected due to the road construciton. This price includes all
cost relatina to the comoletion of this work. .
PARTIES CONTACTED REGARDING THE CHANGE: James Zuver Proiect Manaaer. Ronnie Hobbs. Proiect Manaoer
John Cario. Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/J()
_V_Proposed change is consistent with the scope of the existing agreement I
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented In a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change . i.
_ Y _ Proposed prices. fees and costs set forth in the change are reasonable
...
..
.~ROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated.
APPROVE BY:
REVIEWED B
Revised 10/5/05
...
08/07/2008 08:51 FAX 2392135885
'I'RANSP RIGHT/WAY
Agenda Ite~116E1 ~
October 10, 2006 "..J
Page 19 of 44
CONTRACTIWORK ORDER MODIFICATION
CHECKUST FORM
. PROJECT NAME:: Immokalee Phase 26 SIdewalk Installation PROJECT #: (0(00-'1 d
BID/RFP I: 05-3793MOD #: LPO#:4500046185 WORK ORDER #:
DEPARTMENT:TECM
OrigiDal Contract Amount:
$ 293,813.00
(Starting Point)
$293,813.00
(Last Totl.\ Amount Approved by the BCC)
Current Bee Approved Amount:
Current Contract Amount:
$293,813.00
(1.ncluding All ChangCl~ Prior To This ModiDcation)
Change Amount:
$ .0.54
$293,8112.46
(rncl~g 'I1W; Change Onkz-)
Cumulative Dollar Value of Changes to this Contract/Work Order: $less than 1~_
Revised Contract/Work Order Amount:
Datfal of Last Bce Approval April 12, 2005 Agenda Item .# 16B8
Percentage of the change over/under current contract amounCless than 1 %
FonnU/a: {ReVised Amount I Last BCC approved amount)-1
Results and Ac:tionc: Contrllc:ts: If the chsnge exceed$ 10,," of the oUlTll!11: 8CC amOtnt, then see approval is r8CJ.1ir8d; equal to or Iesl: than 10%
repoI1l:Id to Bee by the purchasing depel'ltl'let'1l. CCNA Work Orders: For BII wor1c ordera that exceed $90,000 where 1he char'Qe does not 8xceed 10%
or $10,000, the8e changes are report&d by the Purchasing Department to !he Bce .aninlslratively. Changors to these work orders that exceed those
thresho/d$ require prior BCC approval. NON-CCNA Work Orders: If the change exoeeds 10% of the current ace amounr, th9n see appmvalls
requirad. If in doubt, oont8Ct your oonttact spsciaIlst. For IOOAI sPecfflo information RiIgIUding work ord8l' tl'u'eshokts, pklaslt IliIIiIr to the Procurement
AdmlnllPtratlon Procedures, :1 IV .a.d.
CURRENT COMPLETI N DATE (S):ORlGINAL: 10/1812005 CURRENT: Auaust 31.2006
SUMMARY OF PROPO ED CHANGE (S): Identify the chanaes. Revise auantities and Oi.W items to reflect a
ohanoe in the type of camerate used In the oroiect. as well as extend the time Deriod of the contract.
I
JUSTIFICATION FOA HANGE (S); What value or benefit do these changes provide to the proJec.t?The
contractor was instruct to utilize a different e of concrete. discuss/on related to the e of concrete has
delayed the oroiect como/etien and has recurred a oav item {tdiustment.
PARTIES CONTACTE~ REGARDING THE CHANGE: TEeM
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N1A)
- Proposed change is tonsistent with the scope of the existing agreement
- Proposed change is ih fact an addttion or deletion to the existing scope
-.:.- Change is being imPtmented in a manner consistent with the existing agreement
- The appropriate parti s have been oonsulted regarding the Change
- Proposed prices, fee., and costs set forth in the change are reasonable
I
PROJECT MANAG lECOM
APPROVE"BY;
P
REVIEWED BY:
Revised 3/29/06
Agenda Item No. 16E1 I
October 10. 2006 \D
. Page 20 of 44
CON'l'RACfIWOH OIU)ER MODJII'ICATlON'
CIIICKLI8T PORM
PioIiCT N1dU:
ti. n....... ... i". _~ PIlOJteT I#:M
BJDI.U'P":' _NA...--MOD.:
D&P~; ~"".
I
POI: .MIIiIi;"Itlt1U WoJuc.ORDBitt:
NA
CONTRACTOR/II'lRM NAJIi&: SAPMuc L...L.- J.c.
CIwIte Amo1Ult:
$'40,i71.5CM.DO ... . - "I
.(btID& PobIt)
s. ~t:l~AP.xowd by the scic)
S .7L504.oo ..;.,.~.
. {JDc1udilla AD c:.bIIIp Prior To 11IIIl ModUlCllliOd}
~i' 1.-OO.6Q
........ CoDtnd .....-t!..
arnac BCC~ AaGllllt:
carnat CoIdnct AIIcIa_
~iRlMHd CoatniiN'\lVork 0.... AIBOUIlt; S.. '7U6''-'
(bo~ This Clwlge Order)
: ::
: :. ea..IMf\te.Dollar V...eof.a...... ... ebll o.tnctIWork Order: S 7.063" . :#.
....:ofw-t see Appuwal JaJy2S..IiIIiM. .. . _, .. H. q.da !tal tI lfi.B.4
re........orth cu... ~ClimIIIt coatnet _lit '.18 %
Formula:;(&evIIed Amount I LastB~ ~vyod lIIIIOlIIIt)-1
ReIuIII _.MtIou: Coa~ t.flbe cbIDp ROIIdII"'.or....... ace IIDllUDt, thcIt BCe ._ Ii ~ eqrm .. a:
l....1IIliia 1_ reported 10 ace by 1M ,.........,lIlo.......... CCNA WOltr. Orden: For.l1l WVltoftlln._....r 190:_....
'''''CibaDIe does DOt. exceed 10% or $10_. tt.e c:IIu1&ea...1'IIpCIdId by tboPIB", ~bMl8l to the see IIdllii_4id'VCly.
~ tlr1llese WOtt'ordera dill ...."....................... prior ace IIJlIIRMl. NON-c:x:NA Work Orden: 1f1llo....
..... 10% cd die cumat ace _-. tben Bee approvIl'is nqaIre& Ifin doubt, COI3tBCt your DOntI'llCt arecfalllIt For__
apecific IDIJnmIdoa rcprdias work onIer IInshokll. pJoaM ... to Iae Pn.cuIement Adminls1RUon Procedures, SoctiOllIV .3.eI.
CUR.RENT COMPLETION DA'FB,(S):ORlGINAL: .1000lf2006 Cl:JItIlE,NT: IMtl/20D6
SVMMAltY'OP PROPOSED ~GE (8): IcleatIIy to ...... To provide for .m a4f~1IIment .in the I'IIles aDd hounI JIlIIIJIJod' by
SAP Itaf!: IIIIlhoimcl clarli'vdlO 1im1?"- ~fn.. tha Hmifll of1iabllltv bybotbChe WIIldor.IIDd.eour-..v.
JVllt'T:lJClCAnON FORCBANGB (8); WIult vain or beaellt do..... eIauapI poUIe to tile .proJIdf .....1 ot1lllDrk.has Bat
M1m1llld:. this ~ order.WlII.~ by StI1fwlth SAP llaffto correct IlrLerJ'OI' on tbe ~..-.""1 of1be _oltbe
asscssineD1.
PARTIU CONTACl'8DRBGARDING THE CllitffGE: StIMl ~ 1Il......._..,.hvtA 1.~ Best. Ill,",""'" .,-...~
PrNw. AitIMln''';". Bllm.lJatlbrxl. IT. CrvItallCirmllll'fnBllCe .
~AnON8.riP&'(VerIIy eacI& berore~................ V, N.or N1A)
X- PRlpOIed cIwJp Is eom.isIaIt witb 1hc: scope-oftbo cxJstiDI agr'CCIDICIIt
L IropoIccI cbaapirln fact III addition. de1illllott.to" exiItiD.1cepe
L.CIaap II beIq kJlplemealed ia. rnaaar:r coasi.. wilh the exiIdDB aanemmt
x.. 'Ole oWiopriate ~'baYe bean c::oDIIIImcl roprdbra 1M c:bqe
X- PnIpoIed prices, tcca lIDd ooatIllet foIdr bl'lbe cbaDp an ......-ble
PRWBCT MANAGf! I . ~"'ON: TIlls.toN .. to be...... .... ....
APPROVE BY: Q . Date: 412....}1-" 0 ,
f
DIll: g~v~
,
RBV'IEWED B. .~ ..
.,._..-,.,0"
". ......,.. ..., '.,..,. h:
L
.......
t . ~ . I
CONTRACT/WORK ORDER MODIFICATION
CHECKUST FORM
Agenda Item No. 16E1
October 10, 2006
Page 21 of 44
7
BID/RFP It: 06-03911
DEPARTMENT: PUED
MOD #: -LPO#: 4500057485
PROJECT #: . 73160~
WORK ORDER #:
. 'PROJECT NAME: Manatee Road FM Reclacernent
Original Contract Amount:
$ 771.342.00
(Starting Point)
I. :.'.
.... ~Current BCC Approved Amount.:
$ 771.342.00
(Last Total Amount Approved by the BCC)
11ft . Current Contract Amount:
$ 821.970.65
(Including All Chal1ges Prior 'To This Modiiication)
C~e Amount:
$ 14489.40
$ 823.460.05
(Including This 01angc Ol'<ler)
Revised Contract/Work Order Amount:
Cumulative Dollar Value of Changes to this ContractIWorl{ Order: $_52.118.05
Date of last BCe Approval 12/13/05 Agenda Item # 16C11
. Percentage of the change over/under current contract amount ~ ~ . 1~ %
. i::Formula: (Current Amount I Last Bee approved amount)-'
'. : Results and Actions: If the ohange exceeds 10% BCC approval is required; under 10% report~d to BCe on
'Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract
i 'Administration Procedures, Section III.C.4.
~\ .i.,
( CURRENT COMPLETION DATE (S):ORIGINAL: Julv 18,2006 CURRENT: AUQust '17.2006
,
I
: SUM:MARY OF PROPOSED CHANGE (8): Identify the changes. To adjust the final quantities against
I.the plan quantities as measured in the field.
: JUSTIFICATION FOR CHANGiE (S): What value or benefit do these changes provide to the project? The
construction plans estimated! the quantltfes. However, after fully constructed the exact quantities were
different from the planned. This change order refrects the cost difference.
PARTIES CONTACTED REGARDING THE CHANGE: Principal Proiect Manaaer. Bill Mullin
IMPLI;MENTATlON STEPS (Verify each before proceeding with change using V, N or NlA)
.,.1L Proposed change is consistent with the scope of the existing agreement
. . ;,,....X... Proposed change is in fact an addition or deletion to the existing scope
. ~.:',~ Change is being Implemented in a manner consistent with the existing agreement
':':'.L The appropriate parties have been consulted regarding the change
,-2L Proposed prices, fees and costs set forth in the change are reasonable
i J
:1'.' PROJECT MANAG R RECOMlM~NDATrON: This form Is to be signed and dated.
j ~PPROVE BY: Date: if! t2e2 /O(
: ; p oJ8e .-1 . ·
! REVIEWED BY: Date: 8)2 ~/o6
Con ra
Revised 4/25/2005
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E 1
October 10, 2006
Page 22 of 44
<j
....ROJECT NAME: SCWRF Rehabilitation Pipinl! and Odor Control Modifications
PROJECT #: 725341
BIDIRFP #: 05-3892 MOD #:
1
PO#: 4500057166
WORK ORDER #:
DEPARTMENT: PUED
Original Contract Amount:
$ 217.900.00
(Starting Point)
Current BCC Approved Amount:
$ 217.900.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 217.900.00
(Including All Changes Prior To This Modification)
Change Amount:
$
0.00
Revised ContractJW ork Order Amount:
$ 217.900.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractJW ork Order: $ 0.00
.Date of Last BCC Approval
11/15/05
Agenda Item #
16.C.3
ercentage of the change over/under current contract amount 0 %
Formula: (Current Amount 1 Last BCC approved amount)-1
, Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
: Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
. Administration Procedures, Section III.C.4.
: CURRENT COMPLETION DATE (S):ORIGINAL:
7/17/06CURRENT: 9/15/06
. SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
. completion.
Extension of time for contract
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Construction is completed. and the extension of time allows the County time to inspect and make for final payment.
~ARTIES CONTACTED REGARDING THE CHANGE: D.N Hiaains Inc. Hole Montes. PUED & Purchasina.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N1A)
_ Proposed change is consistent with the scope of the existing agreement
_ Proposed change is in fact an addition or deletion to the existing scope
.,...--- Change is being implemented in a manner consistent with the existing agreement
~ The appropriate parties have been consulted regarding the change
~ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
Date: to! 14/0,(,
Date: f) / c2 t.f/ () 6
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: NORTH COWER REGIONAL PARK CONSTRUcnON MANAGEMENT AT RISK
PROJECT #:S0602
Agenda Item No. 16E1
October 10, 2006
Page 23 of 44
q,
BlDJRFP I: 01-3189 MOD 1:25 POi:4500037217
DEPARTMENT: PARKS AND RECREAnON
.
Original Contract Amount:
$53~oz,645.oo
(SUKtIDg Point)
$42,023,463.30
(LAst Tot.! AInoUllt Approved by the BCC)
Current BCC Appro'fl!d Amo1mt;
Current Contract Am01JDt:
$351,382,408.30
(IndudiDg All OlaDges Prior ToThil Modification)
,
CbangeAmouut:
ReYised Contract/Work Ordel- Amount:
$337,476.59
$39,719,884.89
{Jnclu&4g ThiI Cbmgc Orlter)
Cumulative DoUar Value of Cbabges to this ContractIWork Order. ($-14,082,760.11)
Date of Last BCC Approvel: Sl2412OO5 Agendllltem I16(D)4
Percentage of the change under currant contract amount: - SAS"'-
Formula: (Current Amount I Last see approved amount)-1 .
Results and ActIons: If the change exoeeds 10% BCC approval Is required; under 10% reported to BCe on
Purchasing report.. For specific Information regarding work order thresholds. please l'Bfer to the Contract
AdminlstratlonProoedures. Section lII.e.4.
CURRENT COMPLETION DATE (S):ORIGINAL; !110/2006 CURRENT: 811712006
SUMMARY OF PROPOSED CHANGE (S): IdentIfy th8 chIIng8L 1111s additive Change Order II 25 Is
associated with CJlWner direoted changes .. welt as design related changes that have arisen thorough the
construction process. These changea Include addltlon8f flll, changes to the boardwalk, cabin~
modifications, additional sod, tile Changes, fire alarm changes, Irrigation changes, additional gutters,
window Inserts, changes to basketball hoops, Changes to drainage, replacement of gat&, IInd slgnage
upgrades. Collectively theee Items add up to $337,476.89.
JUSTIFICATION FOR CHANGE (S): Whc value or benefit do these changes provide to the project?
This Change order Is 8 result of owner driven changes lU1d design related adjustmentft that have arisen
during the construcUon. These Items provide added value to the owner end solve on-aI1e Issues tlutt have
arisen. These Items are cost effective fIOlutlona. lbl. change order has been thoroughly vetted with the
design professionals. contrac;tor. County 8bdf. Clerk's Finance Office and the project team. ~.. resulting
change order has mertt and Is substantiated.
PARTIES CONTACTED REGARDING THE CHANGE: Public Services Administrator, purchasing Contract
SpecIaliSt, Clerks Finance Deparbnen1 SpecIal Projects Coordinator, County Project Manager.
IMPLEMENTATION STEPS (Verify nch before proceedIng with change using V. Nor N1A)
_x_ Proposed change Is consistent with the eoope of the existing agreement .
J._ Proposed change Is In fact an addition or deletion to th., existing scope
-^- Change is being Implemented In a manner oonsistent with the existing agre~m.ent
-X... The appropriate parties have been consulted regard'lng the Change
-^- Proposed prices, fees and costs set forth in the change are reasonable
NO TION: This form Is to be sfgn~and ,
Date: B~_
0' rojectMareger Date: g/~b
REVIEW
..-
l
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E 1 ( 0
October 10, 2006
Page 24 of 44
PROJECT NAME: Fleet Facility
PROJECT #: 52009
13
POI: 4500048657 WORK ORDER #: nfa
BID/RFP #: 02.3422 MOD #:
DEPARTMENT: Facilities Manaaement
Change Amount:
Revised ContractIWork Order Amount:
$500,000.00 (Starting Point)
$748.725.00 (Last Total Amount Approved by the BCC)
$808,875.00 (Including All Changes Prior To This Modification)
($10,150.27)
IOriginal Contract Amount:
Current BCC Approved Amount:
Current Contract Amount:
$798.724.73 (Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order:
$298.724.73
Percentage of the change over/under current contract amount: 6.68%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
Date of Last BCC Approval JulY 26. 2005
Agenda Item # 16.E.15
CURRENT COMPLETION DATE (S):ORIGINAL: 5/5/05
CURRENT: 10/18/06
SUMMARY OF PROPOSED CHANGE (5): Identify the chanaes. This desion contract was awarded in February
2003 and has a dozen chanqes as well as an amendment. Many of the orioinal tasks and chanoe are complete
with remaininq balances. This chanqe is to zero out all completed line items with remainino balances.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? This
chanoe will straiahten UP an old contract for easier contract administration.
PARTIES CONTACTED REGARDING THE CHANGE: Purchasino: Linda Jackson. Facilities: Peter Hayden.
CH2M Hill: Mike Mackenzie. Blake Thomas
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N orN/A)
l Proposed change is consistent with the scope of the existing agreement
-L Proposed change is in fact an addition or deletion to the existing scope
-L Change is being implemented in a manner consistent with the existing agreement
-L The appropriate parties have been consulted regarding the change
-L Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
PIi ject
REVIEWED BY:
C
his form is to be signed and dated.
Date: g;i5/0~
Date: f>/Z5~'
,
Revised 4/25/2005
r...L;;~,. ,
......"-..; >,
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E1 'I
October 10, 2006 ,
Page 25 of 44
PROJECT NAME: Fleet Facility
PROJECT #: 52009
BlDfRFP #: 02-3422 MOD #:
14
PO#: 4500048657 WORK ORDER #: nfa
DEPARTMENT: Facilities ManaQement
Original Contract Amount:
Current BCC Approved Amount:
$500.000.00 (Starting Point)
$748.725.00 (Last Total Amount Approved by the BCC)
Current Contract Amount:
$798.724.73 (Including All Changes Prior To This Modification)
$23.500.00
$822.224.73 (Including This Change Order)
Change Amount:
Revised Contract/Work Order Amount:
Cumulative Dollar Value of Changes to this ContractJWork Order:
$322.224.73
Percentage of the change over/under current contract amount: 9.82%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported toBCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
Date of Last BCC Approval July 26, 2005
Agenda Item # 16.E.15
CURRENT COMPLETION DATE (S):ORlGINAL: 5/5/05
CURRENT: 10/18/06
SUMMARY OF PROPOSED CHANGE (5): Identifv the changes. This proiect went out for bid last summer but
was later cancelled due to the planned chanqe in construction scope to add the Collier Area Transit Facilitv. The
eM at Risk contractor is now preparinq to bid Phase 1 onlv and this chanQe supports that task.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? This
chanoe is necessary to provide support to the contractor and subcontractor and to ultimately obtain the best bids
possible.
PARTIES CONTACTED REGARDING THE CHANGE: Purchasino: Linda Jackson. Facilities: Peter Hayden,
CH2M Hill: Mike Mackenzie. Blake Thomas
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NfA)
l Proposed change is consistent with the scope of the existing agreement
.-::f...- Proposed change is in fact an addition or deletion to the existing scope
.-::f...- Change is being implemented in a manner consistent with the existing agreement
.-::f...- The appropriate parties have been consulted regarding the change
-L Proposed prices, fees and costs set forth in the change are reasonable
Date:
Revised 4/25/2005
~t""""'''"
.: a:-...:........:..;.:.~,;:~"'~' ".__ .
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E 1 , ""
, October 1 0, 2006 r?-
Page 26 of 44
-"ROJECT NAME: Naples Jail PROJECT #: ~
BID/RFP #: 98-2829 MOD #: 42 PO#:4500012306 WORK ORDER #:
DEPARTMENT: Facilities
Original Contract Amount:
$ 34,402,176.00
(Starting Point)
Current BCC Approved Amount:
$ 29,914,372.14
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 29,767,628.48
(Including All Changes Prior To This Modification)
Change Amount:
$ 93,079.71
Revised ContractlWork Order Amount:
$ 29,860,708.19
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: (4,541,467.81)
Date of Last BCe Approval 2/10/04
Agenda Item # 10 B
,tercentage of the change over/under current contract amount 0.31%
Formula: (Revised Amount I Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current Bee amount. then Bee approval Is required; equal to or less than 10%
reported to Bce by the purchasing department. eCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
or $10.000, these changes are reported by the Purchasing Department to the Bee administratively. Changers to these work orders that exceed those
thresholds require prior ace approval. NON-CCNA Work Orders: If the change exceeds 10% of the current Bee amount. then BeC approval is
required. If in doubt. contact your contract specialist For more specific information regarding work order thresholds. please refer to the Procurement
Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: 6/13/06 CURRENT: 6/13/06
Roof
Revised 3/29/06
:..~
;:.......,.,. ~.:. -... ~. :'.~ .1.., L..i:-......,;.,..o;;,4::...,
"',.;'.;;.ett.,.", .,.t':1:
Agenda Item No. 16E1 I ~C(.
OctQDer 10, ~006
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to ~O~~~? The
paging'system was added to provide better coverage in the reck yard. The booster pump is needeQ" .
the jail expansion due to the inconsistent water pressure from the City of Naples. Alarms were adde\
the boilers to assist staff when there are power outages. The ceiling type was changed along with
relocating air distribution for rooms 146 & 152 for better air circulation. Gypsum board was removed in
storage room 147 to even out the existing walls. Six existing roof top fans were removed and capped as
they were no Jonged needed. Handicapped fixtures were added to the medical cells due to an increased
disabled population. Horn speakers were added to the inmate pods in the existing jail to provide better
communication with the staff & inmates. Vinyl composition tile was added to rooms 150,152,153 to assist
staff with cleaning and long term maintenance. Additional electrical outlets were added to rooms 164,167
& 158 due to an increase In equipment in those rooms. The guard tower has a southern exposure and
required additional air conditioning the duct work was increased from 6" to 10". Night lights were added
to rooms 147,150, & 152 to provide better security for staff. Watchtour buttons were added to mezzanine
.Ievels to provide additional security for staff.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell, Linda Best, Skip Camp, Bonnie Baer
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_X_ Proposed change is consistent with the scope of the existing agreement
_X_ Proposed change is in fact an addition or deletion to the existing scope
_X_ Change is being implemented in a manner consistent with the existlngagreement
_X_ The appropriate parties have been consulted regarding the change
_X_ Proposed prices, fees and costs set forth in the change are reasonable
Date:
Date:
Revised 3/29/06
............
,.~~.t'.
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E1 ':3
October 10, 2006
Page 28 of 44
-- ~OJECT NAME: CourthollS8 Annex Parkina Garaae PROJECT #: 52010-2 Garaae
BIDIRFP~ 04-3578 MOD t:1q
DEPARTMENT:Facilitles
POt:.c500025868 WORK ORDER.:
OrlglaalContract Amount:
S 115,000.00
(Starting Point)
Current Contract AmoUDt:
516,53',700.00
(Last Total Amount Approved by the BCC)
$10,106,050.29
(Including All Changes Prior To This ModificatioD)
C1IrreDt BCC.Approved Amount:
CJaaDae NmoUDt:
1(18,200.00)
Revised CoDtn.ct/Work Order Amo1lllt:
$10,027,850.29
(Including This OuIDge Order)
Cumulati'ft DoBar Value of Changes to this ContractlWork Order: $(6,511,84'.71)
Date of Last BeC Approval December 13 ,2G05 Agenda ttem# 16 e 3
Percentage of the change over/under curnnt contract amount (38.90) (3Ci. 37 ) L :J.13
-~ormula: (Current Amount I Last Bee approved amount)-1 . r?{3oj 04:. .^
.~esults and Actions: If the change exceeds 10% Bee appl'OvaI IS required; under 10% reported to Bee on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
AdmirtiStration Procedures. Section 11I.0.4.
CURRENT COMPLETION DATE (S):ORlGINAL Not Vet Established _CURRSNT:Not yet Established
SUMMARY OF PROPOSED CHANGE (8): Direct Material Purchases.
JUSTIFICATION FOR CHANGE ($): To provide tax savings through direct material purchase.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Linda Jackson Best, Skip Camp
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
_ Y _ Proposed change IS consistent with the scope of the existing agreement
_ Y _ Proposed change is In fact an addition or deletion to the existing scOpe
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices. 'fees!lnd costs set forth in the change are reasonable
PROIECT
APPROve BY:
P
REVIEWED BY:
Date:
Date:
R.evised 4I2S/200S
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E1/1
October 10, 2006
Page 29 of 44
PROJECT NAME:
Indoor Air Quality Services PROJECT #:
NA
BID/RfP #: 05-3747R MOD #: 2
PO#: 4500055813
WORK ORDER #:
NA
DEPARTMENT:
Facilities Management
CONTRACTOR/FIRM NAME: Pure Air Control Services
Original Contract Amount:
$ NA
(Starting Point)
Current BCC Approved Amount:
$ NA
(Last Total Amount Approved by the BCC)
Current Contract Amount: $ NA
(Including All Changes Prior To This Modification)
Change Amount:
$ $0
$ NA
(Including This Change Order)
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order: $ $0
Date of Last BCC Approval 9/27/05
Agenda Item # 16.E.4
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; ,
equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For al/ work orders that
exceed $90,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC
approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is
required. If in doubt, contact your contract specialist. For more specific infonnation regarding work order thresholds,
please refer to the Procurement Administration Procedures, Section IV.3.d.
o
%
CURRENT COMPLETION DATE (S):ORIGiNAL:
9/26/07 CURRENT:
9/26/07
SUMMARY OF PROPOSED CHANGE (5): Identify the chanQes. To provide for reauests by Owner. hiQher Qualitv air
filters are beina added to the contract.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? These higher
Quality air filters provide for better aIr Quality for the County facilities.
PARTIES CONTACTED REGARDING THE CHANGE: Damon Gonzales, Facilities Management, Jennifer Cooper,
Facilities Management, Scott Johnson, Purchasing, Linda Jackson Best, Purchasing, Cheri LaFara, Finance.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This fonn is to be signed and dated.
APPROVE BY: Date: 9 /0106
Date: ~ /546
/
REViEWED B .
C
Revised 3/29/06
CONTRACTlWoRK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E 1
October 10, 2006
Page 30 of 44
IS
PROJECT NAME: SCRWTP 20-MGD Wellfield Expansion - Test Wells PROJECT #: 70892
BID/RFP #: 06-3907 MOD #:~PO#: 4500057382 WORK ORDER #:
DEPARTMENT:PUED
Original Contract Amount:
$ 1 ,035.025.00
(Starting Point)
Current BCC Approved Amount:
$ SSa,32Q.e<r I,035;tJ2:5:o0
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 863.320.00
(Including All Changes Prior To This Modification)
Change Amount:
$
0.00
Revised Contract/W ork Order Amount:
$ 863.320.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ (171.705.00)
. Date of Last BCC Approval
11/29/2005
Agenda Item # 10 D
~) r,\, f.
(+.e::s) % C!.~.? '} 70
Percentage of the change over/under current contract amount
- C:ormula: (Current Amount I Last BCC approved amount)-1
Aesults and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
. Purchasing Report. For specific information regarding work order thresholds, please refer to the Contract
. Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S): ORIGINAL: 7/20/2006
CURRENT: 10/18/2006
. SUMMARY OF PROPOSED CHANGE (S): Identify the changes: Added 90 days to compensate for delavs
beyond the contractor's control
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
. The chanoes are necessary to compensate for delavs that could not be avoided.
;j<.-
PARTIES CONTACTED REGARDING THE CHANGE: Jeff Hausinoer (Hau~inqer & Ass.) L. Holland.
. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
X Proposed change is consistent with the scope of the existing agreement
X Proposed change is in fact an addition or deletion to the existing scope
X Change is being implemented in a manner consistent with the existing agreement
X The appropriate parties have been consulted regarding the change
X Proposed prices, fees and costs set forth in the change are reasonable
I
ION: This form is to be signed and dated.
REVIEWED BY:
Date: 8/31/2006
APPROVE BYi.
Date:
q / CJ ...5jCJG
;Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E 1/ ~
October 10, 2006
Page 31 of 44
PROJECT NAME: Emergency Medical Services (EMS) Facility 75 PROJECT #: 52007-1
BIDJRFP #: 04-3709 MOD #: ~ PO#: 4500039673 WORK ORDER #: N/A
DEPARTMENT: Facilities Manaaement CONTRACTORIFIRM NAME: Brooks & Freund LLC
Original Contract Amount:
S 942.430.00 (S1mting Point)
Current BCC Approved Amouat:
$ 1.195.608.59 (Last Total Amount Approved by the Bee)
Current Contract Amount:
S 1.195.608.59 (IDc1uding All Changes Prior To This Modification)
Change Amount:
S 58.310.31
S 1..253.918.90 (Including This Change Order)
Revised ContractlWork Order Amount:
Cumulative Donar Value of Chaages to this Contract/W ork Order: $ 311.488.90
Date of Last acc Approval 9/14/2004
Agenda Item # 16 E 4
Percentage of the change over/under current contract amount 4.880/0
Fonnula: (Revised Amount /last Bee approved amount)-1
Results lIlld Actions: eoIm.cts: If the change exceeds 10'16 of the current BeC amount, then BCe approvel is required; equal to or 'less than 10%
reported to BCC by .,.,~ department. CCNA Work Orders: For all work, orders thIIt exceed $90,000 where the change does not exceed to'lL
or $10,000. theSe ~ are reported by the ~ Department to the BeC adldluWllltiiely. Changen; to these work ordera that exceed those
thresholds requiI'e-: pl'ldr see ~1. NON-CCNM WoC1c Orders; If the change 8llI088ds to'lL of the aJrrent Bee amount, then Bee approval is
required. If In doubt, contact your contract specialist. For more speclflc Informatfon regarding work order ttnshoJds, pIe8se refer to the Procurement
.<Admlnistration Procedures, Section IV.3.d.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
All Owner ReQUested chanaes
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovel(. Linda Jackson Best
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y,N or N/A)
Y Proposed change is consistent with the scope of the existing agreement
Y Proposed change is in fact an addition or deletion to the existing scope
Y Change is being implemented in a manner oonsistent with the existing agreement
Y The appropriate parties have been consulted regarding the change
Y Proposed prices, fees and costs set forth in the change are reasonable
. PROJECT MANAGER
APPROVE BY: r:+2
p .
REVIEWED BY:
Co t
DATION: This fonn is to be si%i~~-
Date: II .
Date: 1 ! (, (6(0
",;",G;" ;:;
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Golden Gate Blvd Phase II PROJECT #: 600221
Agenda Item No. 16E1
October 10, 2006
Page 32 of 44
'1
'SID/RFP #: 06-3933MOD #: 2
DEPARTMENT:_ATM
PO#:_ 4500060610_ WORK ORDER #:
Original Contract Amount: $ 622,424.86
(Starting Point)
Current BeC Approved Amount: 5 622,424.86 .
- (Last Total Amount Approved by the BCe)
Current Contract Amonnt: $_627,144.86
(Including All Changes Prior To This Modification)
Change Amount: 5_14,005.37 1/-"" ~""I.,~}~.;tl-
Revised ContractlWork Order Amount: $ 641150.23 ..' ..
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: 5_18725.37
Date of Last BCC Approval_Feb. 14, 2006_
Agenda Item # _16B-6_
Percentage of the change over/under current contract amount_3.Di 010
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; un<:i~r 1 0% r~ported to ~CC; on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
- Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: SeD. 3.2006 CURRENT: Sep. 15.2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Add 70 days to Substantial irrigation due to
delays in power installation bY FPL. add 25 days to Landscape Substantial Completion due to delays in
irrigation (cant Dlant plants without water) as well as change out of non-avallable plants. add 12 days to
Final Completion
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Days added necessary due to FPL unable to install power. as well as 'correct.. FPL . error on installed
transformer. plant material specified no loncer available in the Quantities needed.
PARTIES CONTACTED REGARDING THE CHANGE: Scott Windham. Dale Hannli'ia. PamLui'ich
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
x Proposed change is consistent with the scope of the existing agreement . 'j"
_ Proposed change is in fact an addition or deletion to the existing scope
x Change is being implemented in a manner consistent with the existing agreement .
x The appropriate parties have been consulted regarding the change
x Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
Pr .
,EVIEWED BY.
C n
....
'- ,'-..
DATION: This form is to be signed and date~',
- 50.....0?:>:~.
/ J () b::.~'~l
Date:
Date:
:":(,
Revised 4/25/2005
;~.
':.:~..,/
Agenda Item No. 16E 1 I 0
October 10, 2006 0
Page 33 of 44
File - 41010-001
CONTRACT [WORK ORDER MODIFICATION
CHECKLIST FORM
North County Regional Water Treatment Plant Appurtenances for Lower Hawthom
PROJECT NAME: Wells R0-18N. RO-19N and RO-20N Pumping and Transmission Facilities
HIlS PROJECT tI:
41010-001
BID I RFP tI:
05 - 3756
MODtI:
2
P.o. II: 4500056472
CHANGE ORDER tI:
2
DEPARTMENT:
Collier County Public UtIlities Department
COUNTY PROJECT':
710061
OrIginal Contact Amount:
$
5.156,000.00
(Starting PoiDt)
Current Bee Approved Amc>>lnt:
$ 5,156,000.00
(Last Tota.1 Amount Approved by the Bee)
Current Contract Amount:
$
5,156,000.00
(Including All Cbanges Prior to This Modification)
Change Amount:
$
$
;l5~ 41~ <i~
,
260,308:25'"
y~
.g. V-,)
<\ '\ <i
Revised Contract I Work Order Amount:
.~. '-1 - . . .. - ~---.::;:-
- ( \{1~.'" 1.,. 5,~.25
(Including this Order) ---
$ 2::i"fr..~Y.7S <.::-3 s.ai"'.~e'i.l.~
f
Cummulatlve Dollar Value of CllIlRges to thIs Contract' Work Order:
Date of last BCC Approval
12-Apr..Q5
Agenda Item ,
16 C 15
PARTIES CONTRACTED REGARDING THE CHANGE:
Collier County. Mitchell & Stark Constr. CCl; & Hazen and SaIoWer
~ Aclk::ns: ~ft2C{S: InM~!",exceedl;l1(1.-~~CUt'l"enI8CC ~l'It, tI'lt,lI''tecc;:J~ l$"(~etji.Id lOorte&s.!h~1~
.10 BCe by tt:&purChClsing cse~.. CCNA W<>rk.~; For all ~~s lhat excee<t.$90.UOO \~ 1l1e~doolt no: ~
1~;<?I'~10,OOO.the~~t ges 6fer\l~ed 6y lhe PtsrohasitlQ~Mmenl to.ttleSCo3(lmin;~1t~I~I}'H5'ifj(JgGtSlQ ~s.!wOtj<ordl3r.; l~~;;e~
l$' "'~~~~=~.~~~~=~~~~~~~~~g~,~~~U~
Adnl~IOnPrOOedUre~"'::"W'M-3.ci~::"!"'."" .. '."" .... . '" ~~'"l!< 1, . . i I......."':::.. ..< '., .
Percentage of the change order I under current contract amount
~
~ .'1, O;c
CURRENT COMPLETION DATE(S):
SUBSTANTlAL COMPLETION:
Notice to Proceed: 15-Dec-05
ORIGINAL:
13-Jul-06
CURRENT:
11-Sep-08
FINAL COMPLETION:
ORIGINAL:
12-Aug-Q6
CURRENT:
11..()ct-06
200608-14 Change Order 2 M&S.xls
1of2
Agenda Item No. 16E 1
October 10, 2006
Page 34 of 44
IgG\
FUe - 41010-001
CONTRACT I WORK ORDER UODlACAll0N
CHECKUST FORM
SUMMARY OF PROPOSED CHANOE(S): Identify the changes.
JUSl1FICATION FOR CHANGE(S): What value or beneftt do these changes provide to the project?
IMPLEMENT.Al10N STEPS (Ver1fyeach before proceeding with change using Y, N. or MfA)
y
Proposed change Is consistent wlth the scope of the existing agreement
y
Proposed change Is in fact an addition or deletlon to the exlsllng scOpe
Change Is being Implemented in a manner consiStent with the existing agreement
Y
Y
Y
The appropriate parties haVe been consulted regarding the change
Proposed prices, fees and costs set forth In the change are reasonable
RECOMMENDED BY:
.. -J' :'.' iiifl '~'Kj;;
Date" :~-. I!(.~
~ :.-7. .~. ".' ._. .J<
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and d~_
RECOMMENDED BY:
Date:
REVIEWED BY:
Date: <?/ / t/ 0(;.
,
2006 08-14 Change Order 2 M~S.xls
20fZ
,;
Agenda Item No. ~E 1
October 1 r::t ~ctl
Page 3~ of 4~
FUe - 41010-001
CONTRACT I WORK ORDER UODIACA nON
CHECKLIST FORM
SUMMARY OF PROPOSED CHANGE(S): Identify the changes.
6i~fl)tthe:f~projQd werG r'tiC$ivod by the. Coonty on oecemb!( 16. 2004~the. ~., was's<:hedule(ftocomn;e~ShortIy after. ace
ap~(M ~A2;:i:005;Thabl~ ~ for: the.projecl,iI"ldcNgnertl'W!fllh&Cixmt}'$'~ Illordel:.Io(ll)O~wkt1 J!1e,~Ieet;UleCOlml.Y
~(~$Rf ~and ~ sr:wf..ip ~1o~ blj~ ~re~, TMi~5'~'~:of 11l&fl.mdif\g~\!S~a d.~13ybylli..
Cilumvitl.!sSUlhslft ~~r6e8ed tlntll pe~.15.209!lt~ ~modate fl);P SFU= ~ CIlk!fla. ~i;U~ WIlli tht'~t were
impactS DS<l6iaied with .~e6 building material CC$($snct''With rQ~ ~ by FPC Cot ~'l!i'w ~ the projQcL In:QddffiO(!, tnere in lime
ell1ension dw to QQ~ by lhe Sua<ling Depllr1m$tltin &hoJuuance 0:a8ul!df~ Petmi\. This- .proposed ~ aadre;ses.tl1clflC(Q!!l$e inmAlterial
cOst....~ In. .additlooail:i>surasseciated w.th IMiP&COIt~ by FPL 1il& time ~i\s;on6l$Od~l&d Ylilti issvsOceof lhe~uIldl~ ~mul was
8ClQressea in Chang~ Order No.1. Tnc addillonui C9SI indudedVoiUl th:st/".inge oroerlS $200.'203.25 (5.0tl%). Delalled corre$PonaenceS::lj)p~
ttl(:SQ""q:JesUn~re attache(!. . . .. . . .' .'
JUSl1F1CATlON FOR CHANGE(S): What Vlllue or ~ do theM changes provide to the project?
,..~tch~11 &~rIl9cO*~Qll Com~-"y. In-':. w~ asl<<:ld t}y C~i County \0 ~y initiatfOtlo! the p~ uncIl oeCent~ 15, 2005.~ pEendh9
aUlhorizu.tk:irib'j the FDEP to lne\JI' costslO ~SRFreqllitemeflls. ThlS ~18Y lneurTed $d'd,i(tansl cost A~atOO with .inoreasliS in miitGlfiaf J)fioos:
anclan~' il1F?L 100&;. nl!~~ items l1ave .merit ..an<\'JW r(!asonablll. O'..erall.!he QOnttactor hilS ~ue$tOO S257.094.QDtioe to male4al grice:
1nQ'~~d thett eQmrolil:1d $3.1og.2irduelo ~~~,in FP\.. f~.
IMPLEMENTATION STEPS (Vertfy each before proceeding with change using Y, N, or NlA)
Y Proposed change is consistent with ti1e scope of the existing agreement
Y Proposed change Is in fael an addition or deletion 10 the existing scope
Y Change Is being Implemented in a manner consistent with \he existing agreement
Y The appropriate parties have been consulted regarding the change
Y Proposed prices. fees and costs set forth In the change are reasonable
CONSULTING ENGINEER'S REECOMMENDATlON: This form is to be signed and dated.
RECOMMENDED BY: A..I..I_ - ~ ~
~~ ~'Z- ~(pet}'F.l:nlz, P.E.! Hazen and Sawyer
Date: t:t/tt It>,
PROJECT MANAGER RECOMMEODA'LilEi S ~ "t*' cf1. r'
RECOMMENDED BY: C1' \.
Project Manager - H. Peter Schar , PM?
_~iJb
REVIEWED BY:
Date:
Contract Specialist - Lyn Wood
I . c
:..~_~~""" ,......:.rt!c
2006 08-14 Change Order 2 M&S.xls
2012
"...,..' "
'-~"....-.'J...,.i..:fr:'~~~'4_
~",'
..... ;....... -.':'"
~.
4....Ai
j;..
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E 1 I 't
---r?".. ''''..:''. .-.rs..~ ;!~~~. \1.U 0.,;. ,~2~0'06
l\ C) '- '. F,~44
:~~"
12
pO#: 4500031427
WORK ORDER if.:
~C. ,
. ". ........
..
. . ..OJECT NAME: Vanderbilt Beach Road CR 862 PROJECT #: 83051
. BIDJRFP #: 04-3875 MOD #:
DEPARTMENT:
T.E.C.M
Original Contract Amount:
$ 37.604.910.53
(StriJg Point)
$ 37.604.879.73
(LIst Total Amount Approved by tho BCC)
RECEIVED
A' ;(. ~I .:; '1flF:"
UU f. ." ,uLiO
Curent BCC Approved Amount:
Current Contract AmouDt:
$ 37.604.879.73
(Including AD Changes Prior To This ModifialtiOll)
T.E. & C.M. Depl
~
Change Amount:
s 0
~flS,3, '\'5. \ 'if
Revised CODtractIWork Order AmouDt: S 37.604.879.73
(IucIudins: This ChlDgc Order)
Cum~l.tive Dollar Valae of ChaDges to tbls CODtractlWork Order: $ 0
Date of Last BCe Approval 7/27/04
Agenda Item #
10H
Percentage of the change over/under current contract amount 0 %
~ormula: (Revised Amount I Last BCC approved amount)-1
uIls end AdIon&: Contracts: If.. d\ange.... 10% ofUle current BCC amount, then Bee lIppC'OYlllls requRd; equal to or leIS than to% AlpCldIld to Bee by !he
.chuIng depaJtmenl CCNA WOIk ~ For IIlMlC1t on:I8ra 1het ellCMd $80,000 1Iotlere the chInge does not emMd10% or $10.000, IheIe c:hllngeI.... repoft8d by
the PuR:haalng Dep;u1ment 10 the BCC adnlllllltlatlV'lly. CI1lIngeA 10 lheIe WOItc otderS thld exceed llDeltlrMhDldllllqlft prIOr Bee eppIOVlIl NOH-CCNA WOIk Qnfers;
If lite change exceeds 10% of the CUII'8Ilt see *"DUnt, then BCC appRMIIla required. If In doubt, cantac:t row contIId apeclaIIst. For more ipeCIlIc InformII/iOn llIgaJdlng
wa1C order lhl'8Sholds, p/eue 18_ 10 the Procxuement Adr'nIn/sIraIIO Pn:lcecIlna. SeclIon 1V.3.d.
CURRENT COMPLETION DATE (S):ORlGINAL: November 24.2007 CURRENT: ,Januarv 03. 2008
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. 1). Muck was discovered on CR 951 from Sta. 1.25+00 to 129+00 left of
centedlne. The soli borings In the plans did net indicate thls.matertat Wortc DiI8ctIve 46 was eaf8b1ilihed and the muck was remcwed. Embankment was
placed and compaeted. The coat associated with this worklS'$3~;26l:72With (4) four additional contract days added.. .
2). Additional survey's went needed for changes to the plans - TiburonlNaples Walk, Noise Walllocatlon wiIh the existing utilities. The Groves entrance,
damages by FPland Sprint. Harvey Canal aoss sections for rodtIembankmenl quantities. The cost II$$ClCIatad with thIS work Is ~.754;3.h ,"
3). Sidewalk replacement at ~r Grovea. During the placement of the 36" WM lheelCistlr:l9P~poles ~re requlntdto be held by FPl resulting In
dwnaging three sections of sidewalk. ~ Groves rep.air'Mttli1~ilgedsld8Wlllkand IS requesting compenlliitlOn In ffieiii\O\ri-of $2;025.00. ." .
4). South Florida Water Management 0Istrlct Right of Way Pennlts were not acxtuired prior to the start of the contract. The three (3) pennIts were acxtuired on
the lowing dates. AJrpon-PuIIlng Canal9I1.w5. 1~75 and CR 951 on 11109105. The approved pIall$ for the peqnIts added additlonal work - fencing, rip rap
BI1d maintenance aCC8S$ drives. The cost associated with the work is $248,502.88 wIh ~ addIIor\;l1 (29) tWeilty-n1n~~ ,d~.
-JUSTIFICA 110N FOR CHANGE (S): What value or benefit do these changes provide to' the' p'i'6ject? The project Is
benefjtjn~. by adding Rip Rap =~=ert headwalls and Fencing for Pedestrian safety. The total amount for this Change
Order utilizing the allocated funds $275,345.14 w 33 days ~ to Ule contract
PARnES CONTACTED REG N ANGE: Steve Ritter. Intrim Prindoal ProIect Manaaer. Collier County Transoortation
Ena/neerina & Construction Manaaement Deeartment.: Eddie Martin. Prolect ManGer. Collier County Transoorlalion Enaineerina &
Construction Manaaement Deoartment:
IMPLEMENTAnoN STEPS (Verify each before proceeding with change using Y. N or N/A)
..::L Proposed change is consistent with the scope of the existing agreement C
JL Proposed change is in fact l!I1'faddition or deletion to the existing scope O.
..::L Change is being implemented in a manner consistent with the existing agreement ~....~
..L The appropriate parties have been consulted regarding the change ."...
..L Proposed prices, fees and costs set forth tn the change are reasonable .
APPROVE BY:
REVIEWED BY:;
Revised 3/29/06
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E 1
October 10, 2006:2. 0
Page 37 of 44
~"
PRoJECT NAME: ImmokaJee Road Widenlna ProIect PROJECT #: 66042B
.1
BIDIRFP 1#: 05-35. MOD It: 1 POI: WORK ORDER #: N. A
DEPARTMENT: Transportation Engineering and Construction Manaaement
Original Contract Amount:
$ 2.550.968.00
(Starting Point)
Current BCC Approved Amount:
$ 2.550.968.00
(List Total Amount Appro7BCC)
$ 2.550.968.00
(Including All Changes Prior To This Modification)
Current Contract Amount:
Change Amount:
$ 52.045.00
-7
",:::of
Revised Contract/Work Q,rder Amount:
$ 2.603.013.00
(Including This Change Order)
Cumulative Dollar Value hf Changes to this ContractIWork Order: $ 52.045.00~.."
~
....
Date of Last BCC Approval APril 12. 2005
Agenda Item # 16 (b) 1
r
Percentage of the change over/under current contract amount 2.04 %
Fonnula: (Revised Amount I Last see approved amount)-1
Results and Actions: Contracts: ~1he change exceeds 10% of the current BCC amount, then Bee approval Is required; equal to or less than 10%
reported to see by 1he purchasing department CCNA Work Orders: For 11I1 work orders that exceed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Depar1ment to the Bee administratively. Changers to these wol1t orders that exceed 1hose
thresholds require prior Bee approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BeC approval is
required. If in doubt. oontact youroontract specialist. For more specific information regarding wor1c order thresllolds, please refer to the Procurement
Administration Procedures, Section IV.3.d. ' ',;
CURRENT COMPLETION DATE (S):ORJGINAL: December 28.2007 CURRENT: December 28.2007
SUMMARY OF PROPOSED CHANGE ($): Identify the changes. Identifv persoimel chan!!es: List additional
employees with rate schedule: add claims review specialist.
,
,
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Personnel chanaes needed to maintain reauired staffing for inspections "and- manaoement;--additional
emoloyees with rate schedule as reauired by finance and purchasing: claims review specialist needed to review
claim by contractor as directed by Director Jay Ahmad.
PARTIES CONTACTED: REGARDING THE CHANGE: Dennis Day and Michael Jordan (PBS&J): Jay Ahmad
(Director TE&CMl. ; """ "C,',,, ," {"<,n ; r
IMPLEMENTATION STEPS (Verify each before proceeding with change uslng:Y,:N orNlA)-;-"'j;
l Proposed change is oonsistent with the scope of the existing agreement : .;~.- ' " no, '
l Proposed change is in fact an addition or deletion to the existing scope\~~; :,,':
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been oonsulted regarding the change
L Proposed prices, fees and costs set forth in the change are reasonable
. 1-
APPROVE BY:
Pro"
Revised 3/29/06
NDATlON: This form Is to be signed al"!d dat~.
- Date: .cf./r rJoc. ' .
. './
;:, '
..,
--~
~ .)>
oJ.,...,
, '
REVIEWEDBY: ~~
-- Contract 9peclallst '
Revised 3/29/06
Date:
-- ,
~ I!. ,'" Agenda Item No. 1 "6E""
1/ /1 tJ6' (':'October 10, 200:e0cO q
,~,~ Page 38of44"'
'.,,'
". .~;
l/~
: ~ .;.
.' t.~".
~~::
")
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E1
October 10, 200[) t
Page 39 ff 44
PROJECT NAME: Golden Gate Grade Separated Overpass . PROJECT #: 60006
BID/RFP'#: 04-3653 MOD #: ~PO#:.
DEPARTMENT: T.E.C.M.
WORK ORDER #:
Original Contract Amount:
$ 35.397.385.35
(Starting Point)
Current BCe Approved Amount:
$ 37.951.482.80
(Last Total Amount Approved by the BeC)
, , ,
Cui-rent Contract Amount:
$ 37351.482.80
(Including All Changes Prior To This Modification)
Change Amount:
$ -0-
Revised ContractlWork Order Amount: $ 37.951.482.80
{Including This Cllange Order)
. Cumulative Dollar Value of ~es to this ContractIWork Order: $ 'f{)55I; tJ?1, '15
'., ,.', . , , '
Date of Last BCC Approval June 20.2006
Agenda Item # 10lhl --. .
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last Bee approved amount)-1
o
%
Results and Actions: Contracts: If the change exceeds 10% of the current Bee amount, then Bce approval is required; equal to or Jess than 10%
reported to Bce by the purchasing department CCNA Work Orders: For all work orders that exce8d $90,000 where the change does oot exceed 10%
or $10,000, these changes are reported by the Purch8siog Deparlmentto the BeC administratively. Changers to these work orders that exceed those
thresholds reqUire prior BCC approval. NOtf.ccNA Work Orderr. If th& change exceeds 10% of the current Bce amount, then Bce approval is .
required. If In doubt, oontact .yourcontract specialist. For more speollic Infonnatioo regarding work order thresholds, please refer to the Procurement
Administration Procedures. SEictIon N.3.d. ' . , .
, CURRENT COMPLETION DATE (S):ORIGINAL: September 26,2006 CURRENT: June 2, 2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Cover cost of redesigned S-Walls.
Add Mobilization Alterative, Add 177 days.
JUSTIFICATION FOR CHANGE (S):What value 'or benefit do these changes provide to .the project?
. Walls were redesianed due to unsuitable soil conditions for oriainal desiqn. The Mobilization'
Alternative. will be paid if the bridqe Is open to traffic on or' before Februarv 5. 2007. Days were added due
to delay caused by material aCQuisition and deliverv for S-Wall RedesiQn.
PARnES CONTACTED REGARDING THE CHANGE: D.O.R.o C.E.I.~ Lynn Thorpe P.E. Principal P.M.. James
Zuver PM . ' , ,
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y,N or N/A)
-y. Proposed change is consistent with the scope of the existing agreement "
-:i Proposed change is in fact an addition or deletion to the existing scope
. -y. Change is being implemented in.a manner consistent with the existing agreement
4-The appropriate parties have been consulted regarding the change
.....:i. Proposed prices, fees 'and costs set forth in the change are reasonable.
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY, : /40.'~- g,~ Dale: ryOG
r:;oject Manag?f
Revised 3/29 06 '
R~IEWEDBY:~t~Date:. 9plj/Jh
, ,-- . Contract Specialist ... ... ' , . .
-.
...
ReVised 3/29/06
,;...
Agenda Item NO'. 16E 1
.October 10,~2006
.. Page 40;.J~~
,~
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16~
October 10, 20
Page 41 of 4
PROJECT NAME: Disaster Debris Removal Hurricane Wilma
PROJECT #:
BtDIRFP #: 05-3661 MOD #: P0#450006540B- WORK ORDER #:N/A
'~~~h\~
DEPARTMENT: Stormwater Manaaement
Original Contract Amount:
$ 397.000.00
(Starting Point)
Current BCC Approved Amount:
$436.700.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$397.000.00
(Including All Changes Prior To This Modification)
Change Amount:
$7.600.00
Revised ContractJWork Order Amount:
~04.600.00
(Including This Change Order)
/
~ "~~
Cumulative DoDar Value of Changes to this ContractIW ork Order: $7 .600.00
Date of Last BCC Approval July 25. 2006
Agenda Item #T6B16
Percentage of the change over/under current contract amount 1.91 . -" '- ~ %
Formula: (Current Amount / Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to Bce on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA..,"
CURRENT COMPLETION DATE (S):ORIGINAL: October 13. 2006
CURRENt: October 13. 2006
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. The oriainal contract included debris
removal from approximatelv 13 miles of canals. Upon further evaluation an additional % mile has been
identified that was not included in the original proiect.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Additional canal debris removal can be accomplished under the arant I)~ovided bv NRCS.
. ,'.(:
..
PARTIES CONTACTED REGARDING THE CHANGE: Stormwater Management Director. Purchasing
Contract Specialist __~
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N1A)
Y Proposed change is consistent with the scope of the existing agreement
Y Proposed change is in fact an addition or deletion to the existing scope
y.. Change is being implemented in a manner consistent with the existing agreement
y. The appropriate parties have been consulted regarding the change
y.. Proposed prices. fees and costs set forth in the change are reasonable
PROJECT MAN R RECOMM D liON: This form Is to be signed and dated.
APPROVE BY: . Date: 't - 8'" -0 l-
S
REVIEWED BY: Date: <1 v II -- 0 fc, :
Contract Specialist
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICA liON
CHECKLIST FORM
Agenda Item No. 16E~3
October 10, 2008'"
Page 42 of 44
PROJECT NAME: Golden Gate Parkway Grade SeDarated Overoass PROJE;CT #: $0027
BID/RFP #: 00-3063 MOD #: 11 PO#: j/Jdkl59 WORK ORDER #:
DEPARTMENT: TE&CM
Original Contract Amount:
$ 1.245.857.00
(Starting Point)
$ 3..916~15.00 ./"
(Last Total Amount Approved by the BCC)
7
Current BCC Approved AmoUDt:
Current Contract Amount:
$ 3.916.815.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 150.000.00 /
$ 4.066.815.00 /
(Including This Change Order)
,;;~I..
Revised ContractIWork Order Amount:
'lH-F
Cumulative Dollar Value of Changes to this ContractlWork Order: $ 2.820.958.00 .!
-I)ate of Last BCC Approval 12/13/05
Agenda Item # 1682"': '
Percentage of the change over/under current contract amount +3.83 %
Fonnula: (Current Amount / Last BCC approved amount)-1 , .
Results and Actions: If the change exceeds 10% BCC approval is required; under,.10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section I",CA.
CURRENT COMPLETION DATE (S}:ORlGINAL: 5/14/02
CURRENT:
12/31/2007
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Provide additional funding for Post
Design Services. Services in the amount of $150:000.00. Tasks include Shop Drawm~ Reviews. Clarification and
Interpretation of Contract Plans. participation in Final Field Review. PW1ch List Assistance and proiect meetinszs.
~' r '
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
The needs for Post Desion Construction Services by the desianer will soon'exceed the fundina oreviously
set UP. Chanoe Orders 3 and 4 addressed the need to redesian the S-wall and_Water Main Crossina due to
weaker than anticipated soil conditions in the canal. When the resultina desian chances were submitted to the
contractor for cricina. the associated delays bv the contractor were unacceptable tdTECM. Other desian octions
were then explored. Throuah this process and collaboration with the contractor, CEIi-desianer and County Staff it
was determined that a heaVY-duty sheet pile wall system and aerial water main crossina was best acproach to
solvina the delay problem. The desian of that system. as well as incorporatina otli'er modifications to the croiect
have exhausted the areater share of the fundinQ set uc. Conseauently Chanae Oreler #fI is needed to carry us
throuah to the end of the proiect.
.--PARTIES CONTACTED REGARDING THE CHANGE: TE&CM Director, TE&CM Principals, RWA
consultant), and ContlJlct Soecialist
..l':~
. ~;. -..
~ ;..:~.
Revised 4/25/2005
Agenda Item No. 1'6E~ ":l
:," October 10, 20~.;)C\.
IMPLEMENTATION STEPS (Verify each before proceeding with change usingY; N or N/~age 43 of 44
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
A TlON: This fonn Is to be signed and dated.
APPROVED BY. Date: ~.f" 2..Af1~
Project M
REV1EWEDB6o~tlln~ Dale: qjr~>;b
PREPARED BY~.~ Date: J:Y,t' ~ Zao(
Gary R. Pu aansuu, P.E. Principal Project Manager
APPROVED BY: ~_ ~ Date:
Jay m ,P.E. irector. ransportation
. Engineering and Construction Management
9 /, J J 0 Jo
, I
)-
APPROVED BY: Date:
Norman E. Feder, Alep, Administrator
Transportation Services Division
Revised 4/25/2005
Agenda Item No. 16E1
October 10, 2006
Page 44 of 44
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16E1
Meeting DIle:
Report and Ratify Staff-Approved Change Orders and Changes 10 Work Orders \0 Board-
Approved Contracts
10/10/200690000 AM
Item Summlry:
Prepared By
Diana Deleon Administrative Assistant Date
Administrative Services Purchasing 9/28/2006 2:44:34 PM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 9/2812006 4: 12 PM
App roved By
Steve Came II Purchasing/General Svcs Director Dale
Administrative Services Purchasing 9/2812006 4:12 PM
Approved By
OMB Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 10/2/2006 8:07 AM
Approved By
laura Davisson Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 10/2/200G 9:23 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 10/2/2006 3:29 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 10/4/20061:12 PM
.-
Agenda Item No, 16E2
October 10, 2006
Page 1 of 3
_.
EXECUTIVE SUMMARY
Recommendation to approve the . award of Bid No. 06-4045 "On-Call
Overhead Door and Automatic Gate Contractor for Annual Service and
Repairs" to Action Automatic Door, Inc., and Garage Doors of Naples, Inc.
OBJECTIVE: To obtain approval from the Board of County Commissioners to award
Bid No. 06-4045 to Action Automatic Door, Inc. as the primary vendor and Garage Doors
of Naples, Inc. as the secondary vendor for the purchase, repair and annual
maintenance of automatic overhead doors and gates.
CONSIDERATION: The Department of Facilities Management is responsible for the
maintenance, repair, and replacement of all County owned automatic overhead doors
and gates.
-
On September 6, 2006, the Purchasing Department solicited bids to contract the repair,
maintenance, and installation of automatic overhead doors and gate equipment. The
selection of vendors was based on a pricing formula, taking into account cost of labor
and installation hours for specific categories. Those categories included cost-per-hour
for a Service Technician and a Service Apprentice. In addition, consideration was given
for emergency response time, on-call non-emergency response time and markup over
actual cost for materials. A total of two (2) qualified bidders responded. The selection of
two vendors provides redundant service in the event one contractor cannot provide
services when required.
Staff recommends award to Action Auotmatic Doors Inc. as the primary and Garage
Doors of Naples, Inc. as the secondary vendor. A bid tabulation sheet is attached for
your review.
FISCAL IMPACT: Automatic overhead doors, gate repairs, and maintenance expenses
average $50,000 annually, based on approved building maintenance and capital
budgets. Funds are budgeted in FY 2006-07 department cost centers.
GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth
Management Plan.
RECOMMENDATION: That the Board of Collier County Commissioners approves the
award of Bid No. 06-4045 to Action Automatic Door Inc. as the primary and Garage
Doors of Naples, Inc. as the secondary vendor for the purchase, repair and annual
maintenance of automatic overhead doors and automatic gates.
PREPARED BY: Damon Gonzales, Facilities Manager, Department of Facilities
Management
.-
.Sig ~ ':: c::
)~ -0 -0
~t.t:ij '* .~
00 0) 0)
Z"'- ~ (,)
'- 0-0)
E(l) O)n::
(l).n(,)n:: en
== E~ U) :'2
coOoz ~co
-0 1Il
C ..l<:
(l) (,)
OJ 1Il
<( 0.
-....
o
-
<.;)
1Il
.l:;
C
o
o
0)
Cii
"
<.;)
~
1.0 EO
...,. 0
0"" en
~ ~ E
to<(~
0-0"0
~ C c::
o ~ ~
CIi8;?l
o
"0
1Il
0)
..c::
....
0)
>
o
ro
o
I
c::
P
N
co
ro
N
c
o
(9 to
1.:9
EC:w
<II I 0
o~u?
"VOl
..: Q) ..
0)'00)
:::ao~
00.0
a> 0) 0)
'0 -; m
!too
t5 ~
.5
iii ro
CII 0
15. 0
ClI M
Z 0 0 0 -
C! C! C! 0 0 0)
b ::f en ~ Z
0 0 0 0 C! 0)
~ N N ...,. 0 0 z >- z ~
.... .... N ~ ~
8 ~ ~ ~ 1Il
0 0
Gl 0
Cl ~
ClI
... 0
ClI 0
C)
.!!
ClI ~
C)
06 1Il
0
... 0
0
0 -
0 0 0 0 0)
(,) 0 0 C! ::f ~ '$. en :::f z
:;::J ai ai 01 Q)
ClI 10 Z Z 0 >- z ~
co co 1.0
E ~ ~ ....
.e ~ 1Il
0
::I 0
<C
c '$.
0
:;::J a
~
.. .. ... ... ... in .z Z ~
= = = :J :J
0 0 0 0 0 iii IE E E
.c .c .c .c .c 'l::
I! i!I ! ... ... .!! CII
! ! IIIJ -i:i ] t-
E CII -
.,. .,. .,. .,. .,. ... .c c
.e CJ i CII
a..: C j B j i ~
.!!! lU ~ 1
s 'u lU ~ III :.
a:: a:: UI
UI '2 CII CII CII iii CII .:.: ~
Z oS .c S I s .s UI ~
~ c S
0 t t l.) ~
t- e( lIS S e
i= CII CII ... ::J
Q. B > CII > Gl :J Q.
~ 0 u 0 > 'i "c:J
'E 'E 0 c
Co) ; C CII
CII CII 0
en en (I) ::; "'c:J
W ~ g Jl
c ..
III
E :J
... ~
0 0
~ -
UI
S UI
c !
G>
e 'iij
G> :J
Q. to
c::
o
II>
c
..c::
o
...,
o
:t::
o
(,)
C/)
1::
0)
Ol
<(
Ol
C
C
(I)
c-
O
J
~
~
(tj
E
<l>
.c
(tj
E
E
(l)
:>
(l)
<l>
-:5
.5
~
c:
'"
ii
.2
u
<l>
:is
:::>
'"
<l>
1;;
-0
c::
'"
-0
(l)
!E
~
:>
c:
(l)
.8
(5
c:
CI>
:>
'"
-; ~
<1J .;::::
u :>
0;:: a>
o.~
""0 0
il5~
~:.c
"2 ~
g.~
-0 '"
:0 .e!
(l) 1:-
-:5 '"
ro ~
11 ~
c .!2
6:5
c: c::
@~
"'g . s;
'" '"
-oE
:g 8
g.g
~ E
~.9
,..,c:
~ .~
",-:5
"'0
:2 ~
-'" CI>
(I) os:
= .,
15:9
1:--'"
'" co
~ .~
:::>""0
~~
'" .,
~ 8
:..= (f)
~:;s
c..,
'" (ij
.f!? en
.~ 0
= t:
I- v
0)
Ol
1Il
0.
....
....
o
c::
1Il
E
en
o
c'5
>-
0)
-E
~
o
o
u;
en
(I)
.s
~
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16E2
October 10. 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E2
Recommendation to approve the award of Bid # 06-4045 "On-Cail Overhead Door ane
Automatic Gale Contractm tor Annual Service and RepaIrs" to A.ctlon Automatic Door Inc
and Garage Doors of Naples Inc
1011012006 9 0000 AM
Interim Facilities Manager
Date
Prepared By
Damon Gonzales
Administrative Services
Facilities Management
9/27/2006 2:20:24 PM
Scott Johnson
Purchasing Agent
Date
Approved By
Administrative Services
Purchasing
9/281200610:59 AM
Mike Hauer
Acquisition Manager
Date
App roved By
Administrative Services
Purchasing
9/26/2006 11 :32 AM
Approved By
Damon Gonzales.
Administrative Services
Interim Facilities Manager
Date
Facilities Management
9/28/200611 :49 AM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
9/28/2006 11: 55 AM
Skip Camp, C.F,M.
Facilities Management Director
Date
Approved By
Administrative Services
Facilities Management
9/28120063:29 PM
Skip Camp. C.F.M.
Facilities Management Director
Date
Approved By
Administrative Services
Facilities Management
9/28/2006 3 :29 PM
OMB Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
9/28/2006 3:48 PM
Laura Davisson
Management & Budget Analyst
Date
Approved By
County Manager's Office
Office of Management 8. Budget
9/28/20064:07 PM
Michael Smykowskl
Management & Budget DIrector
Date
Approved By
County Manager's Office
Office of Management & Budget
9/28/2006 4: 14 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9/28/20066:29 PM
Agenda Item No, 16F1
October 10, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommend approval of Work Order No. HM-FT-3902-06-04 for Wiggins
Pass Modeling Proposal and regulatory permitting as proposed by Humiston
& Moore on April 11, 2006 on a Time and Material basis not to exceed
$120,935 and authorize the County Manager or his designee to sign Work
Order No. HM-FT-3902-06-04.
OBJECTIVE: Recommend approval of Wiggins Pass Modeling proposal by Humiston &
Moore dated April 11, 2006.
CONSIDERA TIONS: Wiggins Pass is a high maintenance pass that experiences an excessive
amount of yearly shoaling. Approximately 50,000 CY of beach quality sand is removed every
other year at a cost of approximately $500,000 per dredge event. Shoaling is so dynamic that the
channel meanders regularly creating boat grounding and safety issues. In addition, erosion on
the north bank of the pass has averaged twenty-six feet of beach loss per year for the last two
years.
Throughout the life of the pass no comprehensive data collection and analysis program has taken
."-" place to technically evaluate performance problems. Dynamic modeling is a proven technology
and routinely employed through the industry. In addition, FDEP has notified Collier County that
no future proposals or modification to this pass will be considered without execution of a
modeling program.
In an effort to better manage the pass, lengthen the dredging cycle, prevent erosion and improve
the safety conditions, a technical study that incorporates dynamic modeling is justified. This
study would address the following critical issues. They are:
· What channel alignment inside the pass will stabilize the channel position and improve
boater safety?
· What dredge area alignment and depth outside the pass will reduce beach erosion and
stabilize the inner channel position.
· What combination of alignment, depth and/or structures will slow down erosion and
shoaling while improving safety?
· If these changes are made, what level of improvement between dredging events can be
expected?
ADVISORY COMMITTEE RECOMMENDATION: The CAC recommended approval on
August 10, 2006. The TDC recommended approval on September 25, 2006.
,....-..
COUNTY ATTORNEY FINDING: This item has been approved for form and legal
sufficiency by the County Attorney's Office.
Agenda Item No. 16F1
October 10, 2006
Page 2 of 8
FISCAL IMP ACT: Sufficient funding for this project is programmed within the FY 06-07
Budget - Fund 195. The source of funds is Category "A" Tourist Development taxes.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: Recommend Approval of Work Order No. HM-FT-3902-06-04 for
Wiggins Pass Modeling Proposal and regulatory permitting as proposed by Humiston & Moore
on April 11, 2006 on a time and material basis not to exceed $120,935 and authorize the County
Manage or his designee to sign Work Order No. HM-FT -3902-06-04.
PREPARED BY: Gary McAlpin, Coastal Project Manager
,.."f'_~
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16F 1
October 10, 2006
Page 3 of 8
16F1
Recommend approval of Work Order No HM -FT -3902-06-04 for Wiggins Pass Modeling
Proposal and regulatory permitting as proposed by Humiston & Moore on April 11. 2006 on a
Time and Material basis not to exceed $120.935 anO authorize tne County Manager or his
designee to Sign Work Order No HM-FT-3902,06-04
10110120069:0000 AM
Date
Approved By
Lyn Wood
Administrative Services
Purchasing Agent
Purchasing
9112120067:57 AM
Date
Approved By
Jack Wert
County Manager's Office
Tourism Director
Tourism
911812006 6: 1 0 PM
Date
App roved By
Gary McAlpin
County Manager's Office
Costal Project Manager
Tourism
9/19120068:34 AM
Steve Camell
Date
Approved By
Administrative Services
Purchasing/General Svcs Director
Purchasing
9/2212006 9:24 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
Date
9/25/2006 8: 11 AM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
9/25120064:55 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9128120062:12 PM
:" .:,,-
.
HUMISTON
& MOORE
ENGINEERS
RECEIVE.
Agenda Item No. 16F1
October 10, 2006
Page 4 of 8
.-
COASTAL
ENGINEERING DESIGN
AND PERMITTING
APR 17 2006
TOURISM DEPT
5679 STRAND COURT
NAPLES, FLORIDA 34110
FAX:239 594 2025
PHONE: 23959<4 2021
./
April 11,2006
Mr. Gary McAlpin
Collier County Tourist Development Department
3050 North Horseshoe Drive, Suite 218
Naples, FL 34104
Re: Modeling of Wiggins Pass, Phase II Study for evaluating alternatives to
the Wiggins Pass Inlet Management Plan, H&M File No. 16001
Dear Gary:
As requested, we are providing the following proposal for Phase II services
related to updating the Management Plan and maintenance dredging permit for
Wiggins Pass. Phase II will consist of modeling tidal hydrodynamics to determine
the most hydrodynamically efficient channel alignment. The modeling will include
sand transport modeling, which in combination with the hydrodynamic modeling
will provide a better explanation of existing shoaling patterns. Once the model is
calibrated and verified, it will be used to evaluate alternative channel alignments
and configurations with the goal of identifying more cost effective ways of
maintaining the inlet for navigation, and for evaluating potential for impacts from
the alternatives considered.
Alternatives that will be evaluated by the modeling include:
1. Alternatives to the. Gulf entrance channel alignment. This will include a
technical evaluation of the depth changes which were made in 2000 and
again in 2004 to identify the appropriate location of the transition from the
13' approach channel to the 8' entrance channel.
2. The effects of dredging an interior channel across the flood shoal will be
evaluated. The purpose of this is to see if a straight channel would result
in a great enough improvement to the self scouring potential of the inlet to
reduce dredging requirements. The dredging depth across the flood shoal
which will be considered is the existing authorized navigation depth for the
east channel of 6 feet.
3. More extensive dredging of the flood shoal will also be evaluated as a way
to create a deposition area in which sand could accumulate for longer
periods before shoaling would be a problem for navigation. This dredging
alternative will also be based on the currently authorized navigation depth
of 6 feet.
Page 1 of 3
.
.
Agenda Item No. 16F1
October 10, 2006
Page 5 of 8
.:...
4. The study will include an evaluation of the quantity and quality of sand to
be dredged under each alternative. and a determination of the beach
compatibility of the dredged material.
The following is the proposed Scope of Services that will be provided to evaluate
the above alternatives:
1. Collect tide and current data inside the inlet to complement tide data to be
obtained from the NOAA tide station at Naples pier to be used as input to
the model.
2. Complete additional hydrographic surveys to be used in conjunction with
existing surveys,of the inlet.
3. Conduct a baseline survey to map seagrass beds inside the inlet, within
approximately 2,500 feet of the inlet.
4. Collect and analyze 4 vibracores from the flood shoal and 4 vibracores
from alongside and south of the previously maintained gulf approach
channel.
5. Modeling of hydrodynamics. sediment transport and bathymetry change
for Wiggins Pass using the ADCIRC. STWAVE and M2D models. The
modeling will simulate effects of tides and waves on flow dynamics,
sediment transport and inlet shoaling.
6. Calibrate the model and verify the model simulation accuracy by
comparing model results to measured water levels and currents.
7. Evaluate inlet dynamics, sediment transport and short-term morphological
change.
8. Run various model simulations to represent an improved gulf channel
alignment, dredging a straight channel across the flood shoal, or
alternatively removing a greater portion of the flood shoal. Use model
results to make predictions of areas of potential erosion and accretion
along the shoreline on both sides of the inlet as part of the evaluation of
the different dredging altematives,.
9. Evaluate long-term inlet evolution and effects of dredging on inlet
bypassing and potential for beach erosion using the Inlet Reservoir model.
10. Meet with County staff to review the preliminary results of the study,
prepare a final report of findings and submit to the County.
Total Proposal Amount...........................$ 120.935
Should the county decide to pursue modification of the dredging permit on the
basis of recommendations made as a result of the scope of work presented in
this proposal, for planning purposes an additional $50,000 should be budgeted
for obtaining regulatory approvals. If erosion problems which have from time to
time occurred adjacent to the inlet persist, the calibrated models may be used to
provide additional guidance regarding the use of erosion control structures. If it
Page 2 of 3
/'
.
.
Agenda Item No. 16F1
October 10, 2006
Page 6 of 8
is determined that further consideration of erosion control structures is warranted,
the scope of work that would be required to evaluate such alternatives should be
based on the relative success of alternatives implemented as changes in the
dredging plans for Wiggins Pass, subsequent to monitoring analysis of those
changes, and a preapplication conference with DEP.
Services will be billed on a time and materials basis as may be requested by the
County in accordance with the fee schedule as included in our Fixed Term
Professional Engineering Services for Coastal Zone Management Projects
Contract #01-3271.
Please call if you have any questions.
Sincerely yours,
HUMISTON & MOORE ENGINEERS
~ /k-n~~
Kenneth K. Humiston, P.E.
Page 3 of 3
.
.,.- c.o co
J-<) ....
'0
r-.
uO (I)
Z"'- OJ
....cu
E(I)(L
(1)-0
-0
-;;0
-00
C
(I)
OJ
<{
~
I
B >-_
c~!
i (I) It)
'1:=-0
-Gl~
~=Q.
:l if (I)
III
c..
."
C
D>
.2'
~
-.
.
8 g
~ Il'i iii
(0') (0')
~ Gt
~ ~
..... ..-
... ...
w !~ 8
en 0
Z .ci~ on
0
w EO ~
~ &!~ I
0 8
0 ::E Oon
g ~ ~N
! .....
...
t-- t--j 8
8
GI Il'i ~ ON
't:J .... ~CIO
.! u Cl)
...
- -~ 8
8
~ Il'i N .0(0')
GI 00 Z 0.....
j w ~"
c ...
:8 c- Ui .r.! 8
~ ." It) 8
III J!I MOm
"'" 0 Z!;l
< ." ! 0
~ .s ..... WCl)
'2 't:J ...
t- '>
~ III i 8 ci8
j O'
0 .0 ~~ I
- S 'It
0 ..... ct:Cll
.!l ! i ... (l)N
III - c 8
E .1 Ii( 8
... GI ~i
." 0
W ,~ Cl) i
~ 0 .....
c C :::l ...
r= r- 0 't:J
~ ~ 8:3 8
:A is Il'i.... ~
iij ~
iij :I:~
~ w :i t
w
... ...
i
I e c:
& ~ ;e
:z: j.i ! .s II
..... tS ~ i
'I ui~ g", lj
. :IE c- ::I It)
I- 0." 11 .!
~ 1!l ~I
:z: ",1 l
.e ~ I.! .!l
OGl I '"
." "Il;.Jl 8
- 0 !=
S"" on.a
~s ~~ .G: 'j CII -'Ii .Jl
.a
.Jl ~ I~ ! It) III
c8.B .s r!
.ae :::l'O 5 ! :::l
~ 8 t'~ -0"", .a
.e ~ i Jl E
~ :::l I!! l! .~
.a.a 80 .!.a I~
.e :> III =
N cS .s~ .a III =
rtS ~-g CII III ~ B .e .a
..... E ;~ IE jS :! g- o
J ~ i !~ .s ~
~ "",GI is
en ~ <It) ~ ...
~ ~il c~ dl -
< ::E III
S
~"'"
:a.....
....
Q.
:::l
is
III
lXl
f
i
Gi
~
en
Cl
.s
Cl
.2'
~
.....
o
9
~
li6
lIl::
...J
9
It)
.Jl
u::
l
~
~
e
8-
E
I)
~
~
~
en
'5
~
.&:
-€'
f
c;;
~
E
c8
~
J!l
c
Gl
E
B
9
(j
Agenda Item No_ 16F1
October 10, 2006
Page 8 of 8
WORK ORDER # HM-FT-3902-06-04
Agreement for Fixed Term Professional Engineering Services
Dated May 9, 2006 (Contract #06-3902)
This Work Order is for professional engineering services for work known as
Wiggins Pass Modeling
To provide engineering modeling of Wiggins Pass. Phase II studv for evaluating
alternatives to the Wiggins Pass Inlet Management Plan for a not-to-exceed.
time and material price of $120,935.00 for Wiggins Pass Modeling Proiect No.
900321
The work is specified in the proposal dated April 7, 2006, which is attached
hereto and made a part of this Work Order. In accordance with the Terms and
Conditions of the Agreement referenced above, Work Order HM-FT-3902-06-04 is
assigned to Humiston & Moore Engineers
(Firm Name)
Scope of Work:
Task I - Modeling of Wiggins Pass
Schedule of Work: Complete work within 270 days from receipt of the Notice
to Proceed authorizing start of work.
Compensation: In accordance with Article Five of the Agreement, the County
will compensate the Firm in accordance with the negotiated lump sum or time
and material amount provided in the schedule below (if a task is time and
material, so indicate and use the established hourly rate(s) as enumerated in
Schedule "A" of the Agreement),
(List all Tasks)
Task I $120,935.00 (time & material)
TOTAL FEE $120,935,00
Any change within monetary authority of this Work Order made subsequent to
final department approval will be considered an additional service and charged
according to Schedule "A" of the Agreement.
PREPARED BY:
Gary McAlpin, Coastal Project Manager
Date
REVIEWED BY:
Jack Wert, Tourism Director
Date
ACCEPTED BY: Humiston & Moore Engineers
Authorized Company Officer
Date
Type or Print Name and Title
Date
Approved as to form and Legal Sufficiency:
Assistant County Attorney
Agenda Item No. 16F2
October 10, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve the Annual Technical Support and Maintenance
Renewal Contract for EMS Solutions 2000 through Healthware Solutions in the
amount of $29,010 for FY 07.
OBJECTIVE: That the Board of County Commissioners approves the Annual Technical
Support and Maintenance Renewal Contract for EMS Solutions 2000 through Healthware
Solutions of Arcata, California.
_.
CONSIDERATIONS: In 2000, licenses were purchased through Healthware Solutions
for the EMS Solutions 2000 software. This software is used to document all patient
transports by Emergency Medical Services. Other software packages were reviewed,
including software offered by Zoll and Red Alert, but only EMS Solutions 2000 offered a
Quality Assurance Module. Since the initial purchase, new licenses have been added to
accommodate the growth in units and consequently, the annual renewal for maintenance
and support now exceeds $25,000. Emergency Medical Services is recommending that the
Board approves the annual renewal of the technical support and maintenance of this
software.
FISCAL IMPACT: Funds in the amount of $29,010 have been budgeted for FY 07 in
Fund 490, Emergency Medical Services.
GROWTH IMPACT: There is no Growth Management Impact resulting from this
action.
RECOMMENDA TION: That the Board of County Commissioners approves the Annual
Technical Support and Maintenance Renewal Contract for EMS Solutions 2000 through
Healthware Solutions in the amount of$29,010 for FY 07.
PREPARED BY: Jeff Page, Chief, Emergency Medical Services
-
Agenda Item No. 16F2
Octo~_19,}.9g.6
tnVGfee
.......L THWAR0'
, ~;',:'i (":,::~ t. l.J -,-- 1 <:..:':10 ....J t~.:' "~
Date
Invoice #
90] 0 Street. Suite C
Arcata, CA 95521
8/3 1./2006
11959
Bill To
Ship To
Collier County EMS
David Stedman
3301 E Tallliami Trail
Naples. FL 34112
Collier Counly EMS
3301 E Tamiami Trail
Naples, H.34112
P_O. No, T arms Due Date Rep T ax Exempt # Vendor # RE~~~E Sales Order
/~..-'''
Net 30 9/30/2006 21-07 -019995-5... ( , 1010112006
-.........:.... ....-
Description Qty Rate Amount
Annual Technical Support & Maintcn;\ncc Renewal Contract for 37 449.00 16,613,00
EMS Solmions 2000
Annual Technical Support & Maintenance Renewal Contract for 4 288.00 I, 152.00
-\1S Solutions 2000 Lite
;Collnt on Solutio11s Lite per Mark Robrrts -432.00 -432,00
Annual Technical Suppon & Mainlcnann: Renewal Contract for 12 449.00 5,388.00
Administrator
Annual Technic;11 Suppurt & Maintenance Renewal Contmcl for 1 449.00 449,00
Amawn Billing Interfal'C
Annual Technical Suppon & Maintenam'c Rcnewal Contract lar II 269,10 2,960,10
EMS 2000 Query
Discount Oil I query license per Mark Roherts -269,10 .269.10
Annual Technical Support & Maintenance Renewal Contract ror 1 449.00 449,00
Slate Run Export
Annual Technical Support & Maintenance Renewal Contract lar I 2.700.()(J 2,700,00
EMS Solution 2000 SQL Dam Base Server Softwme
Support renews from 1O-1-200(j to 10..1-2007 ,
.
-'-..
Support Renewal for 2006/2007 Subtotal
$29,010,00
REMIT PAYMENT TO: Sales Tax (0.0%) $0.00
Health Ware Solutions, LLC Total $29.010,00
-
901 o Street, Suite C Payments/Credits
Arcata, CA 95521 ,~o.oo
(707) 825-1940 FederalID: 68-0430748 Balance Due $29,010.00
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F2
October 10, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F2
Recommendation to approve the Annual Technical Support and Maintenance Renewal
Contract for EMS Solutions 2000 through Healthware Solutions In the amount of 529,010 for
FY07
10/10/2006 9:00:00 AM
EMS Chief
Date
Preps red By
Jeff Page
Bureau of Emergency
Services
EMS
9125120068:37:20 AM
Contracts Agent
Date
Approved By
Linda Best
Administrative Services
Purchasing
9125/200610:22 AM
Purchasing/General Svcs Director
Date
Approved By
Steve Carnell
Administrative ServIces
Purchasing
9/2512006 10:58 AM
EMS Chief
Date
App roved By
Jeff Page
Bureau of Emergency
Services
EMS
9126/2006 11 :50 AM
Bureau of Emergency Services Director
Date
Approved By
Dan E. Summers
County Manager's Office
Bureau of Emergency Services
912712006 2: 14 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
912612006 8:26 AM
Management & Budget Analyst
Date
Approved By
Sherry Pryor
County Manager's Office
Office of Management & Budget
9126120064:59 PM
Michael Smykowski
Management & Budget Director
Date
App ro\'ed By
County Manager's Office
Office of Management & Budget
9/29/2006 9:22 AM
Appro\'ed By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9/291200612:47 PM
Agenda Item No. 16F3
October 10, 2006
Page 1 of 11
--
EXECUTIVE SUMMARY
Recommendation to approve a Memorandum of Agreement between the State of Florida
Department of Health and Emergency Medical Services as the CHEMP ACK Cache
Location for the purpose of responding to acts of chemical emergencies posing a public
health crisis.
OBJECTIVE: That the Board of County Commissioners approves a Memorandum of
Agreement between the State of Florida Department of Health (DOH) and Emergency Medical
Services (EMS) as the CHEMP ACK Cache Location for the purpose of responding to acts of
chemical terrorism and other emergencies posing a public health crisis.
CONSIDERATIONS: The DOH will act on behalf of the State of Florida through its
participation in the Strategic National Stockpile Program (SNS Program), implemented by the
CDC. The CDC will provide nerve agent antidotes and other necessary supporting equipment to
care for individuals exposed to nerve agents, including but not limited to auto-injectors, bulk
symptomatic treatment supplies, and self-monitoring storage containers. CHEMP ACK is the
sustainable repository of these materials.
EMS, acting as the CHEMP ACK Cache Location will authorize the breaking of the
- CHEMP ACK container seal and use of the packaged products when an accidental or intentional
nerve agent release has threatened the community. The Cache Location will also develop a plan
for CHEMP ACK deployment, ensure adequate transportation of CHEMP ACK material in an
emergency and ensure the security of CHEMP ACK containers, along with other terms as
outlined in the Memorandum of Agreement.
The physical location of CHEMP ACK cache will not be publicly disclosed to ensure the safety
of such materials.
FISCAL IMP ACT: The CDC will provide the CHEMP ACK through the SNS Program and
will maintain ownership of the materials at all times. The SNS Program is not currently funded
to replace any CHEMP ACK material used in response to an actual nerve agent incident.
However, should such an incident occur, the Program will cooperate with the State in attempting
to secure federal funding to replenish/replace expended CHEMP ACK material.
GROWTH IMPACT: There is no Growth Management Impact resulting from this action.
RECOMMENDA TION: That the Board of County Commissioners:
1. Approves a Memorandum of Agreement between the State of Florida Department of
Health and Emergency Medical Services as the CHEMP ACK Cache Location for the
purpose of responding to acts of chemical emergencies posing a public health crisis; and
2. Authorize the Chairman to execute said Agreement.
-
PREPARED BY: Jeff Page, Chief, Emergency Medical Services
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16F3
October 10, 2006
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F3
Recommendation to approve a Memorandum Of Agreement between tile Stale of Florida
Department of Heatth and Emergency Medical Services as the CHEMPACK Cache Location
for the purpose of responding 10 acts of chemIcal emergencies posing a public health cnsis
10/10/200690000 AM
EMS Chief
Date
Prepared By
Jeff Page
Burea.u of Emergency
Services
EMS
9/26/200611:24:04AM
EMS Chief
Date
Approved By
Jeff Page
Bureau of Emergency
Services
EMS
9/26/2006 11 :50 AM
Dan E. Summers
Bureau of Emergency Services Director
Date
Approved By
County Manager's Office
Bureau of Emergency Services
9/27/20062:15 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
9/28/20068:30 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
9/26120061 :15 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Dale
County Manager's Office
9/28/20067:17 PM
MEMORANDUM OF AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF HEALTH
And
COLLIER COUNTY EMERGENCY MEDICAL SERVICES
Agenda Item No. 16F3
October 10, 2006
Page 3 of 11
I. Purpose.
This Memorandum of Agreement (MOA) is entered by and between the State of Florida
Department of Health, (hereinafter referred to as "DOH"), and Collier County Emergency
Medical Services (hereinafter referred to as the "CHEMPACK Cache Location"), for the purpose
of effectively responding to acts of chemical terrorism and other chemical emergencies posing a
public health crisis. The Centers for Disease Control and Prevention (CDC) agrees to pre-
position sustainable repositories of nerve agent antidotes ("CHEMPACKs") in locations in
Florida. This MOA establishes the terms, conditions, and responsibilities between the parties
for deployment, management, and maintenance of this federally owned asset. This MOA is
subject to the provisions of all applicable Federal and State laws, regulations, policies and
standards.
II. Parties
The Parties to this MOA are the State of Florida and the CHEMPACK Cache Locations. The
DOH will carry out the responsibilities in this MOA on behalf of the State of Florida through its
participation in the Strategic National Stockpile Program (SNS Program), implemented by the
CDC.
The Coordinator/State POC for the DOH will be:
Patrick Gardner, Planning Manager, Florida DOH, Office of Emergency Operations, with
physical/mailing address at 4052 Bald Cypress Way, Tallahassee, FL BIN A22 32399-1747.
Business phone is 850-245-4444 ext 3938.
The pac for the CHEMPACK Storaoe Locations will be:
Dan Summers
Printed Name
Director of the Bureau of Emergency Services
Title
Emergency Medical Services
Name of Facility
2705 South Horseshoe Drive, Suite 202
Physical Address
Naples. FL 34104
City, State, and Zip code
(239 ) 774 - 8459 Ext.
Business Phone and Extension
Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and
exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI.
III.
Definitions.
Agenda Item No. 16F3
October 10, 2006
Page 4 of 11
For purposes of this MOA, these terms shall be defined as follows:
CHEMPACK means the sustainable repository of nerve agent antidotes and other necessary
and supporting equipment to care for individuals exposed to nerve agents, including but not
limited to auto-injectors, bulk symptomatic treatment supplies, and self-monitoring storage
containers. CHEMPACK is a component of the SNS Program. The CHEMPACK Project
provides two types of containers: 1) The Emergency Medical Service (EMS) container is
designed for use by emergency responders; materiel packaged primarily in auto-injectors. 2)
The Hospital container is designed for hospital dispensing; materiel packaged primarily in multi-
dose vials, for precision dosing and long-term care.
Shelf life Extension Program (SLEP) means the Food and Drug Administration's (FDA) shelf
life extension program designed to maintain the readiness and effectiveness of pharmaceuticals
over extended periods of time. The SLEP defers costs by extending the expiration date of
stored pharmaceuticals rather than replacing stocks that have reached a set expiration date.
Through centrally located automated monitoring devices, the SNS Program staff is able to
ensure that conditions of CHEMPACK materiel comply with SLEP guidelines, thus enabling
CHEMPACK to provide the State a long-term capability.
SNS Program means Strategic National Stockpile Program (SNS Program), implemented by
the Centers for Disease Control and Prevention (CDC).
SNS Program Personnel, SNS Program POC, SNS Program CHEMPACK Logistics Team,
SNS Program CHEMPACK Fielding Team mean individuals or teams working under the
direction of the SNS Program and the COCo
State POC and Alternate State POC mean the Florida DOH statewide point of contact and the
Florida DOH alternate statewide point of contact.
Cache Location POC and Cache Location Alternate POC mean the designated point of
contacts specific to the Cache Location.
IV. State Responsibilities.
The Florida DOH agrees to fulfill terms and conditions of this Memorandum of Agreement
(MOA) as follows:
1. Provide authority or delegate authority for breaking the CHEMPACK container seal and
use of the packaged prod ucts.
2. Designate a statewide point of contact (State POC) and an alternate statewide point of
contact (Altemate State POC) for the CHEMPACK program. Provide corresponding
contact information and notification of any changes in contacts.
Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and
exempt from disclosure as a public record under Chapter 119 Florida Statutes See section Xl.
2
Agenda Item No. 16F3
3. Determine the quantity and type of CHEMPACK containers, required to rmaebBtare28m:i
local needs for first responders to respond to a nerve agent event (withinPswpaPc1te~
budget constraints).
4. Develop a CHEMPACK Operational Plan for deployment, surveillance and maintenance
operations as an addendum to Florida Comprehensive Emergency Management Plan
(FL CEMP) and the Florida Department of Health Emergency Operations Plan (EOP).
5. Provide addresses of all cache storage location sites and ensure pre-coordinated access
for SNS Program Personnel.
6. Ensure that cache storage locations meet size, environmental, and security conditions
for storage of pharmaceuticals based upon the DEA, FDA, and SNS Program Storage
Criterion.
7. Ensure proper disposal in accordance with applicable federal, state, and local regulations
of expired CHEMPACK medical materiel and copies of the destruction documentation to
the SNS Program.
8. Conduct joint inventories with the SNS Program Personnel upon initial placement and
approximately every 18 months thereafter. Ensure a monthly security check is made of
each CHEMPACK container seal.
9. Ensure quality control checks are conducted for environmental limits at cache locations
and the submission of a monthly CHEMPACK Project Quality Assurance Assessment.
10. Ensure adequate transportation of CHEMPACK materiel in an emergency, to include
coordinating with state, local officials and emergency planning members for use of
vehicles, freeway routes, and airfields.
11. Ensure storage facilities have the capability to rapidly move CHEMPACK materiel as
required. This may include, but is not limited to, hydraulic lifts, forklifts, loading docks, or
ramps.
12. Provide a list of personnel with access to the CHEMPACK containers at each cache
location to the SNS Program POC at the time of fielding, and update as changes occur.
13. Ensure cache storage locations correct non-complying environmental and security
conditions identified by SNS Program POC in a timely manner. Notify the SNS Program
CHEMPACK Logistics Team within two hours if a CHEMPACK cache storage location
loses climate control.
14. Coordinate with SNS Program Personnel to ensure security and environmental
conditions are met for CHEMPACK materiel during any non-emergency movement (Le"
special events).
15. Notify the SNS Program within 24 hours of an emergency deployment. The deployment
report should identify the amount of CHEMPACK expended and the amount of materiel
returned to the container.
Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and
exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI.
3
Agenda Item No. 16F3
October 10, 2006
16.ln the event of a non-emergency use or compromise of CHEMPACK materief,Cfffi:flslcite
will report the loss to the SNS Program as soon as possible following discovery. Within
48 hours of the discovery of the loss the state must submit a report documenting the
circumstances resulting in the loss and providing an inventory of materiel lost or
destroyed.
V. CHEMPACK Cache Location Responsibilities.
The CHEMPACK Cache Location agrees to fulfill terms and conditions of this Memorandum of
Agreement (MOA) as follows:
1. Authorize breaking the CHEMPACK container seal and use of the packaged products
when an accidental or intentional nerve agent release has threatened the medical
security of the community; has multiple lives at risk; is beyond local emergency response
capabilities; is beyond local pharmaceuticals supplies; and the materiel is medically
necessary to save lives.
2. Designate a Cache Location Point of Contact (Cache Location POC) and a Cache
Location Alternate Point of Contact (Cache Location Alternate POC) position for
CHEMPACK and provide contact numbers for normal business hours and after hours to
the Florida Department of Health (DOH). Notify DOH at (850) 245-4693 of any changes
in contact personnel within one business day of assignment of a new Cache Location
POC position.
3. Identify a pharmaceutical or medical professional with a Drug Enforcement Agency
(DEA) registration for the Cache Storage Location that will sign for and accept custody of
the Schedule IV controlled substances and other pharmaceuticals in CHEMPACK
containers. That person will be responsible for the storage and safeguarding of the DEA
compliant container in the facility and ensure compliance with applicable local, state and
federal regulatory guidelines. Provide the custodian's name, license number, and
contact information to DOH at the time of scheduled delivery to a cache location. Notify
DOH of any changes in contact personnel within one business day of assignment of a
replacement with DEA registration.
4. Develop a plan for CHEMPACK deployment, surveillance and maintenance operations.
The plan may be an annex to the facility all-hazards plan. The plan should address:
asset placement; distribution; coverage areas; procedures for control, authorization and
use of CHEMPACK assets; access coordination procedures to include how materiel
could be shared with health care facilities within the coverage area; and submission of
reports that may be required. Provide copies of this plan to the Florida DOH State POC,
the Regional Emergency Advisors (RERAs), and the county Emergency Managers within
4 months of receiving CHEMPACK materiel.
5. Ensure adequate transportation of CHEMPACK materiel in an emergency, to include
coordinating with state, local officials and emergency planning members for use of
vehicles, freeway routes, and airfields.
Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and
exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI.
4
. . ., 6.genda Item No. 16F3
6. Ensure storage facilities have the capability to rapidly move CHEMI-IAGi1Ct($f)8tEMietJas
required. This may include, but is not limited to, hydraulic lifts, forklifts, loadin~~~,1dr
ramps.
7. Ensure that cache storage locations are of a suitable size; designed to provide adequate
lighting, ventilation, temperature control; provide sanitation, humidity, and space and
security conditions for storage of pharmaceuticals; and conform to the CHEMPACK
storage standards listed in the CHEMPACK Monthly Quality Assurance Assessment
provided by the CDC.
8. Ensure proper disposal in accordance with applicable federal, state, and local regulations
of expired CHEMPACK medical materiel and provide copies of the destruction
documentation to the SNS Program. Coordinate with State POC and SNS Program
Personnel prior to disposal. Such disposal will not be at the Cache Site's expense.
9. Authorize access for joint inventories with the CHEMPACK Fielding Team upon initial
placement and approximately every 18 months thereafter. Authorize access for
monitoring or monthly security checks to visually inspect SNS Program seals on the
CHEMPACK containers (in accordance with applicable federal and state regulations for
the person signing for custody as duly registered with the DEA).
1 a.Authorize access for quality control checks at each cache location to ensure the facility's
climate is within acceptable environmental limits and submit a monthly CHEMPACK
Monthly Quality Assurance Assessment to document storage conditions at the cache
location to SNS Program.
11. Allow CHEMPACK materiel to be shared with other requesting facilities according to the
criteria set forth in this document. Unless arranged othelWise, the cost for transportation
shall be reimbursed as agreed between the parties in a "Letter of Agreement" or "Mutual
Aid Agreement."
12. Ensure proper security of CHEMPACK containers. Establish a list of personnel with
access to the CHEMPACK containers at the Cache Location, disclose the list with the
State POC, and update the list as necessary.
13. Ensure cache storage locations correct non-complying environmental and security
conditions identified by SNS Program POC in a timely manner (usually within one hour).
When conditions cannot be corrected within 12 hours, the SNS Program CHEMPACK
Logistics Team will coordinate with the State POC to move CHEMPACK container(s) to
an acceptable location to safeguard the quality or security of the materiel.
14. Notify State POC and the SNS Program CHEMPACK Logistics Team within two hours if
a CHEMPACK cache storage location loses climate control. Any reports of materiel
stored outside of the accepted storage range will be handled on a case-by-case basis.
Outcomes could range from having the materiel remain in the SLEP to removing the
materiel from the SLEP program and the State forfeiting the long-term sustainability of
the resource.
Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and
exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI.
5
Agenda Item No. 16F3
October 10, 2006
Page 8 of 11
VI. Financial Considerations
Except where otherwise detailed in this MOA, each party is responsible for its own costs. Any
assistance provided by the State of Florida under this MOA and any assistance provided by the
COC is subject to the availability of appropriations. The SNS Program is not currently funded to
replace any CHEMPACK material used in response to an actual nerve agent incident. If such
an event occurs, however, the SNS Program will cooperate with the State in attempting to
secure federal funding to replenish/replace expended CHEMPACK material. Replacement of
CHEMPACK material due to circumstances beyond the control of the parties, such as accident
and natural disasters, will be negotiated between the State and the SNS program on a case-by-
case basis.
VII. Ownership
The CDC shall at all times retain ownership of CHEMPACK materials in storage. Subject to the
terms of an MOA between the CDC and the State of Florida, the CDC has granted the State,
and CHEMPACK Cache Storage Locations approved by CDC, permission to use CHEMPACK
materials in the event of an accidental or intentional nerve agent release that threatens the
medical security of the community, puts multiple lives at risk, and is beyond local emergency
response capabilities.
VIII. Storage
State and local agencies and CHEMPACK Cache Locations may only store the materiel
provided as part of the CHEMPACK Project in the SNS-provided containers. State-owned and
SNS Program-owned nerve agent antidotes may not be co-mingled in storage containers since
co-mingled storage will compromise the SNS Program's ability to maintain the materiel under
the SLEP.
IX. Movement for Special Events
The COC has authorized the State to move CHEMPACK for State-designated special events (e.
g., National Special Security Events, Super Bowl, World Series, major political conventions,
state fair, a major concert, and key summits) on a temporary basis. The temporary movement of
CHEMPACK assets is subject to the following conditions: (1) the State POC or Alternate State
POC must notify the SNS Program at least 48 hours prior to the preemptive movement of
CHEMPACK containers; (2) the notification must be made telephonically or in writing (electronic
or paper) to the designated SNS Program Personnel; (3) the State shall ensure that
environmental and security requirements outlined in the MOA with COC are maintained
throughout transport and preemptive deployment; (4) only locations hosting more than one
container shall participate; and (5) any movement of CHEMPACK materiel not specifically
directed by the SNS Program shall be funded by the State. If the CHEMPACK Cache Location
wishes to move CHEMPACK, it must request permission from the State POC or Alternate State
POC who will, in turn, notify the SNS Program in the manner described above.
Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and
exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI.
6
Agenda Item No. 16F3
X. Compliance with U.S. Drug Enforcement Agency Requirements October 10, 2006
Page 9 of 11
The State agrees to comply with all applicable federal, state, and local requirements regarding
storage, use, and handling of controlled substances. A non-exclusive list of federal
requirements regarding the storage, use, and handling of these substances may be found at
Title 21 Code of Federal Regulations Part 1301. In addition, the CHEMPACK Cache Location
agrees to designate a pharmaceutical or medical professional with a DEA registration who will
sign for and accept custody for controlled substances and other pharmaceuticals in
CHEMPACK containers at each cache storage location. The CHEMPACK Cache Location
designee will be responsible for the storage and safeguarding of controlled substances within
the CHEMPACK container and ensure compliance with federal, state, and local requirements.
The State POC must provide the custodian's name, license number and contact information two
weeks prior to the scheduled delivery of a cache location.
XI. Requests for Information
Under 42 USC 9 247d-6b, no federal agency shall disclose under 5 use 9 552. United States
Code. any information identifying the location at which SNS Program materials are stored. To
the extent permitted by law, the parties agree that neither will disclose the nature of this effort
and the terms of this agreement to any person or entity, except as may be necessary to fulfill its
mission and statutory and regulatory responsibilities. The parties agree to notify one another
before releasing materials or information relating to CHEMPACK or this MOA pursuant to
federal or state freedom of information act statutes or similar provisions in law. Pursuant to
sections 381,95 and 395.1056 Florida Statutes, this document is confidential and exempt from
disclosure as a public record under Chapter 119 F.S.
XII. Liability
Each party to this agreement shall be responsible for its own acts and omissions and those of
its officers, employees and agents. No party to this agreement shall be responsible for the acts
or omissions of entities not a party to this agreement. Neither party to this MOA agrees to
release, hold harmless, or indemnify the other party from liability that may arise or relate to this
MOA.
XIII. Effect on Procedures and Laws
All assistance provided under this MOA must comply with applicable laws, regulations, and
agency policies.
XIV. No Private Right Created
This document is an internal agreement between the State of Florida and the entity with custody
or control of a CHEMPACK Cache Location and does not create or confer any right or benefit
on any other person or party, private or public. Nothing in this agreement is intended to restrict
the authority of either signatory to act as provided by law or regulation, or to restrict any agency
from enforcing any laws within its authority or jurisdiction.
Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and
exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI.
7
XV. Settlement of Disputes
Agenda Item No. 16F3
October 10, 2006
Page 10 of 11
The parties agree to good faith consultation with one another to resolve disagreements that
may arise under or relating to this MOA before referring the matter to any other person or entity
for settlement.
XVI. Capacity to Enter into Agreement
The persons executing this Memorandum of Agreement on behalf of their respective entities
hereby represent and warrant that they have the right, power, legal capacity, and appropriate
authority to enter into this agreement on behalf of the entity for which they sign.
XVII. Effective Date, Modification, and Termination
This agreement shall become effective upon the signature of both parties and shall remain in
effect until otherwise agreed to by the parties. The terms of this agreement may be modified in
writing upon the consent and signature agreement of both parties. This agreement may be
terminated by either party at any time; however, the terminating party shall provide written
notice to the other party at least six months in advance of the effective date of termination
unless there is a critical violation of the terms set forth in this MOA. In the event of termination,
all SNS Program equipment, related records, and/or other materiel generated by or for the
CHEMPACK Project in furtherance of this agreement are property of the SNS Program and
shall be returned to the SNS Program within six months of the termination date.
CHEMPACK Cache Location
Florida Department of Health
BY:
BY:
Director or Designee
Secretary
NAME/TITLE: Frank Halas, Chairman
DATE:
DATE:
October 10, 2006
Approved for form and legal sufficiency:
~7Yl~
,
Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and
exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI.
8
Appendix 1- CHEMPACK Container Contents, Cubes, and Weights
Agenda Item No, 16F3
October 10, 2006
Page 11 of 11
EMS CHEMPACK Container with a Treatment Capacity of 454
>- .s:: >< .... .5 .E
- U 0 ell ... .s:: e
:;:: a.. all) ... CI) ...
.....eIl lG lD .s:: CI) t> - CI)
05 e ell ell .l!l II) ._ ell .s::1I) lJ)CD .!:!l 'C
lG .... Q).s:: i5 111 C:.s:: ~iU't:l
_II) :s c: CI) ell .- CI) J:U .- .s:: II) U II) c:: ~...c:
0 .- lG a.. c: I1l 3:u ..J c:: 3: 5 o 0 :s
.- III ::::)0 Q)-=
e Q) 111 ~() CI) Q).5 Q)- .... :c 0
::>:; - i;j II) e CI) c:: Q)a.. ...:sa..
II) >< '2: Ill_ CI) lG- CI)
III 0 - (.) tI)
Product 0 "' U lG
(.) lD :> f- (.) ()
Mark 1 auto-injector with-240 kits Case 5 30 8 240 13.25 19 13,5 39,5 197.5
Atropine Sulfate 0.4ma/mI20ml-100 vials Case 1 25 4 100 6.13 5.63 13,5 12 12
Pralidoxime 19m inj 20ml-276 vials Case 1 6 46 276 11.81 14 12,31 11.5 11.5
Atropen .5Mg. -144 iniectors Case 1 12 12 144 14 10.5 19.18 16.8 16.8
Atroosn 1 MQ.-144 iniectors- Case 1 12 12 144 14 10.5 19.18 16.8 16.8
Diazepam 5mg/ml auto-injector-150
injectors Case 2 15 10 150 9.5 8.5 24.24 20 40
Diazepam 5mQlml vial, 1 Oml-25 vials Case 2 5 5 25 6 6.5 2.75 1.8 3.6
Sterile water for iniection 20ml-100 vials Case 2 25 4 100 13 6.63 6 7.2 14.4
Subtotal of CHEMPACK contents 312.6
-_._----
>-.s:: >< Qj _ .5 .s:: .5
~ U 0 a...s:: ... _ e
..... Q) 1: lG lD en 1I).s:: lJ) CI) .s:: fIl ~.- CI)
o 5 III ell CD ... ~ CD Gi 1 ...::: e 1 .~"C g i;j "C
-II) :S.5f1l ~ eCl) J:U :2.s:: ~u CDC::~_C:
~: ~ =~ CI):>~~.5 3:g 1Il.E ~5e~5
E CI) >< :t:: ~ (lJ .5 ~ - ~ .5 g: a.. ... :s a..
Product (lJ 0 c: 0 0 lG () lG tJ)
(.) al ::::) f- U 0
Mark 1 auto-injector-240 kits Case 2 8 30 240 13.25 19 13.5 39.5 79
Atropine Sulfate 0.4ma/mI20ml-100 vials Case 9 4 25 100 6,13 5.63 13.5 12 108
Pralidoxime 19m inj 20ml-276 vials Case 10 46 6 276 11.81 14 12.31 11.5 115
Atropen .5Mg.-144 iniectors Case 1 12 12 144 14 10.5 19,18 16.8 16.8
Atropen 1 Mq .-144 injectors Case 1 12 12 144 14 10.5 19,18 16.8 16.8
Diazepam 5mg/ml auto-injector-150
injectors Case 1 10 15 150 9,5 8.5 24.24 20 20
Diazepam 5mo/ml vial. 10ml-25 vials Case 26 5 5 25 6 6.5 2.75 1.8 46.8
Sterile water for iniection 20ml-100 vials Case 28 4 25 100 13 6.63 6 7.2 201,6
Subtotal of CHEMPACK contents 604
Total CHEMPACK weight 764 Lbs.
Note: The above weights and packaging are for planning purposes only. All weights are
approximate, subject to change, and should not be used where exact weights are
required. Manufacturer may change packaging of any product line without notification.
Empty container tare weight: 160 Lbs.
Domestic Security Document: Pursuant to sections 381.95 and 395.1056 Florida Statutes, this document is confidential and
exempt from disclosure as a public record under Chapter 119 Florida Statutes See section XI.
9
Agenda Item No. 16F4
October 10, 2006
Page 1 of 2
_.
EXECUTIVE SUMMARY
Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant from
the Florida Division of Forestry for the purchase of wildfire protective clothing and approval of
necessary budget amendments to recognize and appropriate revenue in the amount of $5,558.
OBJECTIVE: To accept the award of a Volunteer Fire Assistance Matching (50/50) Grant from the
Florida Division of Forestry to fund the purchase of wildfIre protective clothing and approval of the
necessary budget amendments.
CONSIDERATIONS: The Isles of Capri Fire and Rescue District has received this type of grant
from the Division of Forestry in past years, including funds received in June 2006 in the amount of
$1,998. The grant has been used to purchase equipment and is now being used to purchase protective
clothing to improve fIrefIghter safety and fIrefIghting capabilities.
FISCAL IMPACT: The total cost of the required wildfIre protective clothing is $5,558. As this is a
50/50 matching grant, the Division of Forestry will pay $2,779.00 leaving the Isles of Capri
Fire/Rescue Department to provide $2,779.00 from the contingencies line of Fund 144 (Isles of Capri
Fire Rescue). The attached budget amendments are necessary to recognize and appropriate $2,779.00
in revenue and transfer $2,779.00 from Reserves for Contingencies to Fund 118 Emergency
Management and Fire Grants.
_ GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: To accept an awarded Volunteer Fire Assistance Grant from the Florida
Division of Forestry to fund the purchase of wildfIre protective clothing and to approve the related
budget amendments.
PREPARED BY: Emilio Rodriguez, Fire Chief
,-
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F4
Agenda Item No. 16F4
October 10. 2006
Page 2 of 2
Recommendation to accept an awarded Volunteer Fire Assistance Matching (SO/50) Grant
from the Flonda DIvIsion of Forestry for the purchase of wildfire protectlve clothing and
approval of necessary budget amendments to recogmze and appropriate revenue In the
amount of 55,558
10/10/2006 9:00 00 AM
Date
Prepared By
Rod Rodriguez
Board of County
Commissioners
Fire Chief
Isles of Capri Fire Rescue
9/26/20061:28:32 PM
Marlene J. Foord
Date
App roved By
Administrative Services
Grants Coordinator
Administrative Services Admin.
9/26/2006 1:44 PM
Dan E. Summers
Date
Approved By
County Manager's Office
Bureau of Emergency Services Director
Bureau of Emergency Services
9127/20062:15 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
Date
9/28/2006 8:32 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
9129120069:20 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/29/2006 12:57 PM
Agenda Item No. 16F5
October 10, 2006
Page 1 of 40
EXECUTIVE SUMMARY
Recommendation to approve Grant Agreement #07-DS-5N-09-21-01
between the Florida Department of Community Affairs and Collier County
accepting $50,591 to fund Homeland Security and Emergency
Preparedness Initiatives and approve a Budget Amendment to recognize
and appropriate the grant funds
OBJECTIVE: Board of County Commissioners approval of an Agreement with the
Florida Department of Community Affairs (DCA) and Collier County accepting grant
funding of $50,591 for Homeland Security and Emergency Preparedness programs and
initiatives.
,-
CONSIDERATIONS: The Federal Government has made available, through DCA,
Homeland Security funds in the amount of $50,591 to be used to develop new and
enhance existing Homeland Security and Emergency Preparedness plans and initiatives.
Per the Agreement, the funds will be used to conduct exercises and training workshops,
emergency planning activities, and the enhancement of Citizens Corps programs.
Acceptance of the Agreement will enable Collier County to meet State and Federal
mandates by continuing the development, upgrading and integration of Homeland
Security plans into existing local, state and regional Emergency Plans, and provide
training/exercise opportunities to local emergency response and volunteer organizations.
The Agreement has been reviewed and approved for Form and Legal Sufficiency by the
County Attorney's Office.
FISCAL IMPACT: An increase, by Budget Amendment, of $50,591 to Fund 118,
Emergency Management Grants for FY 07. No matching funds are required.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves
Agreement #07-DS-5N-09-21-01 between the Florida Department of Community Affairs
and Collier County accepting $50,591 to fund Homeland Security and Emergency
Preparedness programs and initiatives, and approve a Budget Amendment to recognize
and appropriate the grant funds.
.-
PREPARED BY: Christine Chase, Sr. Administrative Assistant
Department of Emergency Management
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F5
October 10, 2006
Page 2 of 40
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F5
Recommendation to a~prove Grant Agreement #07 -DS-5N-09-21-01 between the Florida
Department of Commulllty Affairs and Collier County accepting $50,591 to fund Homeland
Security and Emergency Preparedness Initiatives ana approve a Budget Amendment to
recognize and appropriate the grant funds
101' 0/2006 9 0000 AM
Date
Prepared By
Christine Chase
County Manager's Office
Senior Administrative Assistant
Emergency Management
9/26/20062:43:26 PM
Dan E. Summers
Bureau of EmergenGY Services Director
Date
Approved By
County Manager's Office
Bureau of Emergency Services
9/27/20062:16 PM
Approved By
Marlene J. Foard
Administrative Services
Grants Coordinator
Date
Administrative Services Admin.
9/2712006 2: 37 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
9/28120068:35 AM
Michael Smykowski
Date
App roved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
9/29120069:27 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9/29120065:52 PM
Agenda Item No. 16F5
October 10, 2006
Page 3 of 40
Contract Number: 07-DS-5N-09-21-01-
CFDA Number: 97.067
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and
Collier County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF lAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin July 1,2006 and shall end January 31,2008, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
Agenda Item No. 16F5
October 1 0, 2006
Page 4 of 40
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments. (53
Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-S?, "Cost
Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational
Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2,
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided under this Agreement, for a period of five years from the date the audit report is issued, and
shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records
upon request. The Recipient shall ensure that audit working papers are made available to the Division
designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date
the audit report is issued, unless extended in writing by the Division the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved,
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after closing of title.
2
Agenda Item No. 16F5
October 10, 2006
Page 5 of 40
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including supporting documentation of
all program costs, in a form sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents, "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday, "Agents" shall include, but not be limited to, auditors retained by the
Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m, to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department of Community Affairs and/or the
Division with the records, reports or financial statements upon request for the purposes of auditing and
monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
3
Agenda Item No. 16F5
October 10, 2006
Page 6 of 40
established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provisions of OMB Circular A-133. as revised, will meet the requirements
of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular
A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMS Circular A-133. as revised. the cost of
the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d). OMB Circular A-133. as revised. by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to the above office at the following address:
a urilla.parrish@dca.state.f1.us
and
Division of Emergency Management
Sureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee. Florida 32399-2100
The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10lh Street
Jeffersonville, IN 47132
4
Agenda Item No. 16F5
October 10,2006
Page 7 of 40
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak' Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to the above office at the following address:
a urilla. parrish@dca.state.f1.us
and
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(9) Any reports, management letter, or other information required to be submitted to the
Department and the Division pursuant to this Agreement shall be submitted timely in accordance with
OMS Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10,650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable,
(h) Recipients, when submitting financial reporting packages to the Department and the
Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate
the date that the reporting package was delivered to the Recipient in correspondence accompanying the
reporting package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof. were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Division of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department or the Division has
notified the Recipient of such non-compliance.
0) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
5
Agenda Item No. 16F5
October 10, 2006
Page 8 of 40
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department and the Division no later than seven (7) months
from the end of the Recipient's fiscal year.
(7) REPORTS
(8) At 8 minimum, the Recipient shall provide the Division with quarterly reports, and with
a close-out report. These reports shall include the current status and progress by the Recipient and all
subrecipients and subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to such other information as requested by the
Division.
(b) Quarterly reports are due to be received by the Division no later than 30 days after
the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the program year
are March 31. June 30. September 30 and December 31,
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the Division or are
not completed in a manner acceptable to the Division, the Division may withhold further payments until
they are completed or may take such other action as set forth in Paragraph (11) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance with the Budget
and Scope of Work, Attachment A.
(e) The Recipient shall provide such additional program updates, reports or information
as may be required by the Division.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within
the specified time periods, and other performance goals stated in this Agreement are achieved. Such
6
Agenda Item ~~o, 16F5
October 10, 2006
Page 9 of 40
review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment
A to this Agreement, and reported in the quarterly report,
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures
may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMB
Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to
the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General.
In addition, the Division will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold the Division harmless against all claims of whatever nature by third
parties arising out of the performance of work under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees
to be liable for any damages proximately caused by said acts or omissions, Nothing herein is intended to
serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any contract.
(1 0) DEFAULT.
7
Agenda Item No. 16F5
October 10, 2006
Page 10 of 40
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the
Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may
make any payments or parts of payments after the happening of any Events of Default without thereby
waiving the right to exercise such remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Division shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (3D) days from the time the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES.
Upon the happening of an Event of Default, then the Division may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (13) herein;
8
Agenda Item No. 16F5
October 10, 2006
Page 11 of 40
(b) Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions. to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend. discontinue or refrain from incurring costs
for any activities in question or
4. requiring the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Division any funds which were used for
ineligible purposes under the program laws. rules and regulations governing the use of funds under this
program.
(f) Exercise any other rights or remedies which may be otherwise available under
law,
(g) The pursuit of anyone of the above remedies shall not preclude the Division from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Division of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder,
or affect the subsequent exercise of the same right or remedy by the Division for any further or
subsequent default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
9
Agenda Item No. 16F5
October 10, 2006
Page 12 of 40
(b) The Division may terminate this Agreement when it determines, in its sole discretion,
that the continuation of the Agreement would not produce beneficial results commensurate with the
further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice,
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the
Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for
purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is
determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Chanda D. Brown
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 414-8538
Fax: (850) 488-7842
Email: chanda.brown@dca.state.f1.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
James von Rinteln, Emergency Management Coordinator
Collier County Emergency Management
3301 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 774-8000
Fax: (941) 775-5008
Email: jamesvonrinteln@colliergov.net
10
Agenda Item No. 16F5
October 10, 2006
Page 13 of 40
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the
subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and
federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its
work under this Agreement shall be documented in the quarterly report submitted by the Recipient.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Justification of Advance
Attachment D - Warranties and Representations
11
Agenda Item No. 16F5
October 10, 2006
Page 14 of 40
Attachment E - Certification Regarding Debarment
Attachment F - Assurances
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $50,591
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16),
Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be included in this Agreement as Attachment C.
Attachment C will specify the amount of advance payment needed and provide an explanation of the
necessity for and proposed use of these funds,
1. X No advance payment is requested.
2.
An advance payment of $
is requested,
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by Congress,
the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting
or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make
any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report
within thirty (30) days of receipt of notice from the Division,
(18) REPAYMENTS
12
Agenda Item No. 16F5
October 10, 2006
Page 15 of 40
All refunds or repayments to be made to the Division under this Agreement are to be made
payable to the order of "Department of Community Affairs", and mailed directly to the Department at the
following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater,
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to
Section 55.03(1} Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Division request, or in any submission or response to fulfill the
requirements of this Agreement, and such information, representations, and materials are incorporated by
reference, The lack of accuracy thereof or any material changes shall, at the option of the Division and
with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
13
Agenda Item No. 16F5
October 10, 2006
Page 16 of 40
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be
deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336,42 U.S.C. Section 12101 et seo.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this Agreement,
the Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred. suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
14
Agenda Item No. 16F5
October 10, 2006
Page 17 of 40
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property ;
3, are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2, of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment D) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Division prior to the Recipient entering into a contract with any
prospective subcontractor,
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution,
(i) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
U) I f otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement for refusal by
the Recipient to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this
Agreement.
15
,.,,,....ii'"-".;jjlijl;"H,'.ili<lllIli~~i'\lI#k,,jl'iliri>I'~",.;~'*;"';w;,"';~
Agenda Item No. 16F5
October 10, 2006
Page 18 of 40
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
(UlNA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the
Department.
(n) 'The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All such meetings shall be publicly
noticed, open to the public, and the minutes of all such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
16
Agenda Item No. 16F5
October 10, 2006
Page 19 of 40
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, ari officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement. the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly,
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(22) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
17
Agenda Item No. 16F5
October 10, 2006
Page 20 of 40
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Division for a determination whether patent protection will be sought
in the name of the State of Florida. Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any
and all copyrights accruing under or in connection with the performance under this Agreement are hereby
transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights
which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment F.
18
Agenda Item No. 16F5
October 10, 2006
Page 21 of 40
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
Recipient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Frank Halas, Chairman
Date:
FEID# 59-6000558
Deputy Clerk
ATTEST: Dwight E. Brock, Clerk
By:
-f') Robert
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
By:
Name and Title: W. Craia Fuaate, Director
Division of EmerQencv Manaaement
Date:
19
Agenda Item No. 16F5
October 10, 2006
Page 22 of 40
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the
same infonnation shown below for each Federal program and show total Federal resources awarded.
Federal Program Department of Homeland Security, Office of Grants and Training-
$50,591
97.067
COMPIJANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO TIllS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements asfollows:
1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and
Training Fiscal Year 2006-07 State Homeland Security Grant Program (SHSGP), consistent with
the Department of Homeland Security State Strategy.
2. Recipient is subject to all administrative and financial requirements or will be in violation with the
terms of the agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding
agency may elect to use language that requires the recipient to comply with the requirements of
applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the
language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that
pertains to how the awarded resources must be used or how eligibility detenninations are to be made.
The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or
regulation referred to.
NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the recipient.
20
Agenda Item No. 16F5
October 10, 2006
Page 23 of 40
Attachment A
Budget and Scope of Work
Proposed Program Budget
Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the
'Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below.
. No more than 3% of the total award may be expended on Management and Administration costs by the Recipient.
. At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed
Program Budget") may be put towards Programmatic costs instead.
. The transfer of funds between planning, training, exercises and management & administration is pennitted, for this
oontract only, whereas management & administration costs do not exceed 3% of the Recipient's total award,
Planning
Training
$49,118
State Homeland Security Grant
Program - Issue 06
Collier County
Emergency
Management
Exercises
59a Management and Administration
(the dollar amount which correspondS to 3% of the
total local agency allocation is shown in the column
on the right. (Only 3% of line 59a can be allocated
for each line item)
$1473
21
Agenda Item No, 16F5
October 10, 2006
Page 24 of 40
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for
issue 06 as described In the 'Proposed Program Budget".
If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager
listed in this contract via email or letter.
Budget Detail Worksheet #06 Eligible Activities
Public Education/Outreach
Develop and implement homeland security support programs and adopt
ongoing DH8 national initiatives
Develop and enhance plans and protocols
Develop or conduct assessments
Establish. enhance, or evaluate Citizen Corps-related volunteer
programs
Hiring of full or part-time staff or contractors/consultants to assist with
planning activities (not for the purpose of hiring public safety personnel
fulfifling traditional public safety duties)
1
49,118
Conferences to facilitate planning activities
Materials required to conduct planning activities
Travel/per diem related to planning activities
Overtime and backfill costs - Payment of overtime expenses will be
for work performed by award (8M) or sub-award employees in excess
of the established work week (usually 40 hours) related to the planning
activities for the development and implementation of the programs under
HSGP.
Grantees may also use G&T grant funds to cover overtime and backfill
expenses for part-time and volunteer emergency response personnel
artici atin in G& T trainin .
Training Workshops and Conferences - Grant funds may be used to
plan and conduct training workshops or conferences to include costs
related to planning, meeting space and other meeting costs, facilitation
costs, materials and supplies, travel. and training plan development.
Full or Part-Time Staff or Contractors/Consultants - Full or part-time
staff may be hired to support training-related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of
the state or local unit(s) of govemment and have the approval of the
state or the awarding agency, whichever is applicable. The services of
contractors/consultants may also be procured by the state in the design,
development, conduct, and evaluation of CBRNE training, The
applicant's formal written procurement policy or the Federal Acquisition
Regulations (FAR) must be followed.
22
Agenda Item No. 16F5
October 10, 2006
Page 25 of 40
Travel- Travel costs (Le" airfare, mileage, per diem, hotel, etc,) are
allowable as expenses by employees who are on travel status for official
business related to the planning and conduct of the training project(s) or
for attending OG&T-sponsored courses, These costs must be in
accordance with state law as highlighted in the OJP Financial Guide.
States must also follow state regulations regarding travel. If a state or
territory does not have a travel policy they must follow federal guidelines
and rates, as explained in the OJP Financial Guide. For
further infonnation on federal law pertaining to travel costs please refer
to http://www,ojp.usdoj.gov/FinGuide,
Supplies - Supplies are items that are expended or consumed during
the course of the planning and conduct of the training project(s) (e.g"
copying paper, gloves, tape, and non-sterile masks),
Other Items - These costs include the rental of spacellocations for
planning and conducting training, badges, etc.
Exercise Planning Workshop - Grant funds may be used to plan and
conduct an Exercise Planning Workshop to include costs related to
planning, meeting space and other meeting costs, facilitation costs,
materials and supplies, travel and exercise plan development.
Full or Part-Time Staff or Contractors/Consultants - Full or part-time
staff may be hired to support exercise-related activities, Payment of
salaries and fringe benefits must be in accordance with the policies of
the state or local unit(s) of govemment and have the approval of the
state or the awarding agency, whichever is applicable, The services of
contractors/consultants may also be procured to support the design,
development, conduct and evaluation of CBRNE exercises. The
applicant's formal written procurement policy or the Federal Acquisition
Regulations (FAR) must be followed.
Overtime and backfill costs - Overtime and backfill costs associated
with the design, development and conduct of CBRNE exercises are
allowable expenses.
Grantees may also use G&T grant funds to cover overtime and backfill
expenses for part-time and volunteer emergency response personnel
participating in G&T exercises.
Travel- Travel costs (Le" airfare, mileage, per diem, hotel, etc.) are
allowable as expenses by employees who are on travel status for official
business related to the planning and conduct of the exercise project( s),
These costs must be in accordance with state law as highlighted in the
OJP Financial Guide, States must also follow state regulations regarding
travel. If a state or territory does not have a travel policy they must follow
federal guidelines and rates, as explained in the OJP Financial Guide.
For further information on federal law pertaining to travel costs please
refer to http://www,ojp.usdoj.gov/FinGuide.
Supplies - Supplies are items that are expended or consumed during
the course of the planning and conduct of the exercise project(s) (e,g"
copying paper, gloves, tape, non-sterile masks, and disposable
protective equipment).
Other Items - These costs include the rental of spacellocations for
exercise planning and conduct, exercise signs, badges, etc.
The scenarios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security
Strategy and plans, Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber
and agricultural. A state or local jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine
and profoco/s located at htto://www.oio.usdoi.aov/OG&T/exercises.htm#hseeo.
23
Agenda Item No, 16F5
October 10, 2006
Page 26 of 40
Hiring of full-time or part-time staff or contractors/consultants:
. To assist with the management of the FY2006 SHSGP
. To assist with design, requirements and the implementation of the
FY2006 SHSGP
. To assist with the implementation and administration of the State
Homeland Security Strategy, as it may relate to the FY2006
SHSGP
Hiring of full-time or part-time staff or contractors/consultants and
expenses related to:
HSGP pre-application submission management activities and
application requirements.
. Meeting compliance with reporting/data collection requirements,
including data calls.
Development of operating plans for information collection and
processing necessary to respond to DHSIOG& T data calls.
Overtime and backfill costs - Overtime expenses are defined as the
result of personnel who worked over and above their normal scheduled
daily or weekly worked time in the performance of G& T - approved
activities. Backfill Costs also called "Overtime as Backfill" are defined as
expenses from the result of personnel who are working overtime in
order to perform the duties of other personnel who are temporarily
assigned to G&T - approved activities outside their core responsibilities,
Neither overtime nor back1i1l expenses are the result of an increase of
Full- Time Equivalent (FTEs) employees. These costs are allowed only
to the extent the payment for such services is in accordance with the
policies of the state or unlt(s) of local government and has the approval
of the state or the awarding agency, whichever is applicable, In no case
is dual compensation allowable. That is, an employee of a unit of
government may not receive compensation from their unit or agency of
government AND from an award for a single period of time (e.g., 1:00
pm to 5:00 pm), even though such work may benefit both activities.
Fringe benefits on overtime hours are limited to Federal Insurance
Contributions Act (FICA), Workers' Compensation and Unemployment
Com ensalion.
Travel expenses
Meeting-related expenses (For a complete list of allowable meeting-
related expenses, please review the OJP Financial Guide at
http://www.ojp.usdoj.gov/FinGuide).
1
$1,000.
Acquisition of authorized office equipment. including personal
computers, laptop computers, printers, LCD projectors. and other
equipment or software which may be required to support the
implementation of the homeland security strategy.
1
$473.
The following are allowable only within the contract period:
. Recurring fees/charges associated with certain equipment, such as
cell phones, faxes, etc,
. Leasing andlor renting of space for newly hired personnel to
administer programs within FY06 SHSGP,
TOTAL
$50,591.
24
Agenda Item No. 16F5
October 10, 2006
Page 27 of 40
Scope of Work
Funding is provided to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2006 State Homeland
Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are
outlined in the Scope of Work for each category below:
I. Categories and Eligible Activities
06. Planning, Training and Exercises for Local and Regional Efforts
FY2006 SHSGP, Issue 06, allowable costs are divided into the following categories: planning, training and exercises.
In addition, management and administration costs are also allowable, Management and administration costs may not
exceed 3% of the Recipient's total award,
A. Planning
Developing and implementing homeland security support programs and adopting DHS national
initiatives including but not limited to the following:
Costs associated with implementing the National Preparedness Goal and Guidance
Costs associated with implementing and adopting NIMS
Costs associated with modifying existing incident management and EOPs to ensure proper alignment with
the NRP coordinating structures, processes, and
Establishing or enhancing mutual aid agreements
Developing communications and interoperability protocols and solutions
Conducting local, regional, and tribal program implementation meetings
Developing or updating resource inventory assets in accordance to typed resource definitions issued by
the NIC
Designing state and local geospatial data systems
Developing related critical infrastructure terrorism prevention activities including:
o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during
mitigation and recovery
o Public information/education: printed and electronic materials, public service announcements,
seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils
o Citizen Corps activities in communities surrounding critical infrastructure sites, including
Neighborhood Watch, VIPS, and other opportunities for citizen participation
o Evaluating CIP security equipment and/or personnel requirements to protect and secure sites
o CIP cost assessments, including resources (financial, personnel, etc.) required for security
enhancements/deployments,
Developing related terrorism prevention activities including, including but not limited to the following:
. Planning to enhance security during heightened alerts, during terrorist incidents,
. and/or during mitigation and recovery.
. Multi-discipline preparation across first responder community, including EMS for
response to catastrophic events and acts of terrorism.
Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, web postings coordinated through
. local Citizen Corps Councils.
. Citizen Corps volunteer programs and other activities to strengthen citizen
. participation.
. Conducting public education campaigns, including promoting individual. family
. and business emergency preparedness; promoting the Ready campaign; and/or
. creating State, regional or local emergency preparedness efforts that build upon
. the Ready campaign.
. Evaluating CIP security equipment and/or personnel requirements to protect and
secure sites,
CIP cost assessments, including resources (e.g.. financial, personnel) required for
security enhancements/deployments.
Developing and enhancing plans and protocols, including but not limited to:
Developing or enhancing EOPs and operating procedures.
. Developing terrorism prevention/deterrence plans.
Developing plans, procedures, and requirements for the management of infrastructure and resources
related to HSGP and implementation of State or Urban Area Homeland Security Strategies,
. Developing or enhancing border security plans.
25
Agenda Item No, 16F5
October 10, 2006
Page 28 of 40
Developing or enhancing cyber security plans.
Developing or enhancing cyber risk mitigation plans.
. Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans.
Developing public/private sector partnership emergency response, assessment, and resource sharing
plans.
Developing or updating local or regional communications plans,
Developing plans to support and assist special needs jurisdictions, such as port
authorities and rail and mass transit agencies,
Developing or enhancing continuity of operations and continuity of government Plans.
Developing or enhancing existing catastrophic incident response and recovery plans to include and
integrate Federal assets provided under the NRP,
Developing or enhancing evacuation plans.
Developing or enhancing citizen surge capacity,
Developing or conducting assessments, Including but not limited to:
Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop
remediation/security plans.
Conducting cyber risk and vulnerability assessments.
. Conducting assessments and exercising existing catastrophic incident response and recovery plans and
capabilities to identify critical gaps that cannot be met by existing local and State resources,
Activities that directly support the identification of specific catastrophic incident priority response and
recovery projected needs across disciplines (e,g, law enforcement, fire, EMS, public health, behavioral
health, public works, agriculture, information technology, and citizen preparedness).
Activities that directly support the identification of pre-designated temporary housing sites.
B. Training
FY 2006 SHSP funds may be used to enhance the capabilities of State and local emergency preparedness and
response personnel through development of a State homeland security training program. Allowable training-
related costs include: 1. Establishment of support for, conduct of, and attendance at preparedness training
programs within existing training academieslinstitutions, universities, or junior colleges. Preparedness training
programs are defined as those programs related to prevention, protection, response, and or recovery from
natural, technical, or manmade catastrophic incidents, supporting one or more Target Capabilities in alignment
with national priorities as stated in the Goal. Examples of such programs include but are not limited to CBRNE
terrorism, critical infrastructure protection. cyber security, and citizen preparedness, 2. Overtime and backfill
costs associated with attendance at G&T-sponsored and approved training courses. SHSP may also be used
for training citizens in awareness, prevention, protection, response, recovery skills .
C. Exercises
SHSP funds may be used to design, develop, conduct, and evaluate exercises that:
. Provide homeland security preparedness personnel and volunteers a venue to practice prevention,
protection, response. and recovery activities.
Evaluate prevention and response plans. policy, procedures, and protocols, including NIMS and NRP.
Assess the readiness of jurisdictions to prevent and respond to terrorist attacks,
Encourage coordination with surrounding jurisdictions in prevention, protection, response, and recovery
activities.
Exercises conducted with OG&T support (grant funds or direct support) must be managed and executed in
accordance with the Homeland Security Exercise and Evaluation Program (HSEEP), HSEEP Volumes I-III
contain guidance and recommendations for designing. developing, conducting, and evaluating exercises.
HSEEP Volumes I-III can be found at OG&T's website at http://www.ojp.usdoj.gov/OG&T/exercises.htm.
Volume IV, which contains sample exercise materials and documents, can be found on OG&T's Secure Portal
at https:/I0G&T.esportals,com or http://www.llis.gov.
Exercise Scenarios. The scenarios used in SHSGP-funded exercises must be terrorism-related and based on
the State or Urban Area Homeland Security Strategy and plans. Acceptabie scenarios for exercises include:
chemical, biological, radiological, nuclear, explosive, cyber and agricultural. Grantees that need further
clarification on scenarios should consult with their State Exercise Manager for assistance and/or approval.
Fifteen alf-hazards National Planning Scenarios, Including 12 terrorism scenarios, have been developed, and
will be made available for use in national, federal, state, and local homeland security preparedness activities
(See HSPD-8: National Preparedness on page 49), Citizen participation in exercises is encouraged to include
backfilling non-professional tasks for first responders deployed on exercise, administrative and logistical
assistance with exercise implementation, and providing simulated victims, press, and members of the public.
Citizen participation in exercises should be coordinated with local Citizen Corps Council{s), If a state or urban
area will be hosting an upcoming speCial event (e,g" Superbowl, G-8 Summit, etc,), or they anticipate that they
26
Agenda Item No, 16F5
October 10, 2006
Page 29 of 40
will apply to be a venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or UASI
funding to fund training and exercise activities in preparation for that event
All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated
and performance based, An After Action Report (AAR) and Improvement Plan will be prepared and submitted to
the State following every TTX, drill, FE, and FSE. AARlIPs must be provided to the State within 30 days
following completion of each exercise (see HSEEP Volume II, Appendix A).
D. Management and Administration - no more than 3% of each sub-recipient's total award may be expended on
Management and Administration costs by the sub-recipients
Hiring of full-time or part.time staff or contractors/consultants:
. To assist with the management of the FY2006 SHSGP
. To assist with design, requirements and the implementation of the FY2006 SHSGP
To assist with the implementation and administration of the State Homeland Security Strategy, as it may
relate to the FY2006 SHSGP
Hiring of full-time or part-time staff or contractors/consultants and expenses related to:
. Meeting compliance reporting/data collection requirements, including data calls
Development of operating plans for information collection and processing necessary to respond to
DHS/OG&T data calls
Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and
above their normal scheduled daily or weekly worked time in the performance of G& T - approved activities.
Backfill Costs also called .Overtime as Backfill" are defined as expenses from the result of personnel who are
working overtime in order to perform the duties of other personnel who are temporarily assigned to G&T-
approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an
increase of Full- Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment
for such services is in accordance with the policies of the state or unit(s) of local government and has the
approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation
allowable, That is, an employee of a unit of government may not receive compensation from their unit or agency
of government AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), even though such
work may benefit both activities, Fringe benefits on overtime hours are limited to Federal Insurance
Contributions Act (FICA), Workers' Compensation and Unemployment Compensation..
Travel expenses
Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP
Financial Guide at htto://www,oio.usdoi.aov/FinGuide),
Acquisition of authorized office equipment, including:
. Personal computers
. Laptop computers
Printers
LCD projectors, and
. Other equipment or software which may be required to support the implementation of the homeland
security strategy
The following are allowable only within the period of performance of the contract:
Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc.
Leasing and/or renting of space for newly hired personnel to administer programs within the FY2006
SHSGP
E. Unauthorized Expenditures
. Expenditures for items such as generaf.-use software (word processing, spreadsheet, graphics, etc.)
. General-use computers and related equipment
General-use vehicles
Licensing fees
Weapons systems and ammunition
Construction or renovation of facilities that would have been reasonably necessary due to non-terrorist
threats
. Activities unrelated to the completion and implementation of the SHSGP
Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs
Recurring Costs
Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency
responders, and may not be used to hire staff for operational activities or backfill.
27
Agenda Item No. 16F5
October 10, 2006
Page 30 of 40
F. Overtime and Backfill Guidance
Overtime: Expenses incurred by those personnel who, as a result of G&T-approved activities, are performing
over and above their normal, scheduled work hours or work week.
Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who are working over and
above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who
are temporarily assigned to G&T-approved activities outside their core responsibilities. The OJP OC does not
distinguish between Overtime and Overtime as Backfill- they are both viewed as overtime regardless of
whether the individual has performed more hours in their normally assigned place of duty or If the overtime
accrued as a result of being re-assigned to a different place of duty, Overtime and backfill do not result in an
increase of full-time employees (FTEs).
II. National Preparedness Initiatives
Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of
initiatives being highlighted by DHS and to comply with associated program requirements.
A. National Incident Management System (NIMS)
NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to
work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic
incidents, regardless of cause, size or complexity. Since FY2006 is a critical year for initial NIMS adoption, the
Recipient should start now by prioritizing FY2006 preparedness assistance (in accordance with the eligibility
and allowable uses of the grant) to facilitate its implementation,
1. Minimum FY2006 NIMS Compliance Requirements
· Incorporating NIMS into existing training programs and exercises;
· Ensuring that federal preparedness funding supports NIMS implementation (in accordance with
the eligibility and allowable uses of the grants);
. Incorporating NIMS into emergency operations planning;
· Promotion of mutual aid agreements; and,
Institutionalizing the use of the Incident Command System (ICS),
2. Local units of government should support NIMS Implementation by:
Having relevant personnel complete the NIMS Awareness Course:
These independent study courses are available on-line and will take between forty-five minutes
to three hours to complete, The course is available on the Emergency Management Institute
web page at: htto:lltrainino.fema.oov
· Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will
provide sample language and templates to assist in formally adopting NIMS through legislative
and/or executive/administrative means.
· Establish a NIMS baseline by determining which NIMS requirements are already satisfied.
The NIC is developing a web-based self-assessment system, the NIMS Capability Assessment
Support Tool (NIMCAST) to evaluate their incident response and management capabilities. The
NIC is currenUy piloting the NIMCAST with a limited number of states. Upon completion of the
pilot, the NIC will provide all potential future users with voluntary access to the system,
3. FY 2006 and FY 2007 Requirements
In order for the State to receive FY2005 preparedness funding, the compliance requirements
described above must be met. Additional information about NIMS compliance and resources for
achieving compliance will be forthcoming from the NIC. The NIC web page,
htto:llwww.fema,oov/nims, will be updated regularly with NIMS information and implementation
guidance.
Note: All FY 2006 Homeland Security Gran Program Grant Guidance can be found at
htto:llwww.oio,usdoLoov/OG&Tldocs/fv2006hsoo,odf
B. Monitorino:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
28
Agenda Item No. 16F5
October 10, 2006
Page 31 of 40
Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since
1999 through various funding sources including federal grant funds, As the steward of the State Homeland Security Grant
Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to
track and monitor the status of the grant activity and items purchased or developed.
The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable
state and federal guidelines, The FDEM is responsible for monitoring the programmatic and capability portion of the grant
to include equipment procurement and compliance with applicable DHS grant guidance.
Monitoring is accomplished utilizing various methods including desk monitoring and site visits. There are two primary
areas reviewed during monitoring activities - financial and programmatic/capability. Financial monitoring is the review of
records associated with the purchase and disposition of property, projects and contracts, Capability review is the
observation of equipment purchased, protocols and other associated records,
Various levels of financial and programmatic review may be accomplished during this process,
Desk monitoring Is defined as the review of projects, financial activity and technical assistance between the program office
and the applicant via e-mail and telephone, Site visits are defined as actual visits to the recipient agency's location by a
team or members of FDEM or their designee, to actually observe records, procedures and equipment.
For Planning the Division reserves the option to request access to any document, as described below, at anytime during
the contract period:
If the Recipient chooses to enhance/develop a plan, parts of a plan, SOP/SOG, or other
documentation then, the Division will require the review of a draft copy of this document for
NIMS compliance, The Division will only be making recommendations.
. If the Recipient chooses to enhance/develop a mutual aid agreement, the Division will
require a copy of said agreement.
If the Recipient chooses to enhance/develop a GIS database product, the Division will
require access to the layer or database.
. If the Recipient chooses to enhance/develop public information related materials, the
Division will require a copy of said materials.
If the Recipient chooses to participate in a Domestic Security related meeting or
conference, the Division will require a copy of the agenda prior to the meeting and a roster
after the meeting.
If the Recipient chooses to conduct an assessment, we will require a copy of the completed
assessment Since these are secure documents, they should be submitted on CD,
For Training the Division reserves the option to request access to any document, as described below, at anytime during
the contract period:
. If the Recipient chooses to conduct training, the Division will require the title of course,
instructor's name and a list of attendees prior to course delivery. Afterthe course has been
delivered, the Division will require a roster of actual participants,
For Exercise the Division reserves the option to request access to any document, as described below, at anytime during
the contract period:
. If the Recipient chooses to conduct an exercise, an After Action Report should be
submitted to the Division no later than thirty (3D) days after the conclusion of the exercise,
. Participating in exercises will count towards the site visits.
Site Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted, During this time, the purpose
of the site visit and the items FDEM intends to examine will be identified, If financial monitoring visit will be conducted,
they will then explain their objectives and will proceed to perform the financial review,
FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been
reviewed, FDEM personnel may request copy of plans and/or procedures or participate in training or exercises.
Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment
voucher/reimbursement, equipment, questions, etc.
Post Site Visit
FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if
applicable.
29
Agenda Item No, 16F5
October 10, 2006
Page 32 of 40
Within 15 days of the site visit. a monitoring report will be generated and sent to the grantee explaining any citations and
corrective actions or recommendations. The Site Visit Worksheet and reports will then be included in the grantee's file
along with any documents distribu!ed at the site visit by the grantee,
III. Reporting Requirements
A. Quarterlv Proarammatic Reoortina:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 31, June
30, September 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial
reimbursements will be withheld until the Recipient's reporting is current.
P rammatlc Re ortln Schedule
Re ortin Period
Re art due to DEM no later than
A ril30
Jul 31
October 31
October 1 throu h December 31
Janua 31
Proarammatic ReDortina: Information to ReDor! On
After the end of each reporting period, for the life of the contract, the Division will provide a Biannual Strategy
and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet
will contain all of the information that the Recipient needs to report on. The Recipient is to complete this
worksheet in its entirety and emall the finished product to the programmatic contact listed below. The first
worksheet will be available after the July 1 - September 3D, 2006 reporting period.
B. Reimbursement Reauests:
A request for reimbursement may be sent to your contract manager for review and approval at anytime during
the contract period, The Redpient should include the category's corresponding line item number in the "Detail
of Claims. form. This number can be found in the "Proposed Program Budget". A line item number is to be
included for every dollar amount listed in the "Detail of Claims" form.
C. Close-out Proarammatic Reoortina:
The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the
contract is either completed or the contract has expired,
IV. Programmatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Chanda 0, Brown Farrah Gosford
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd,
Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
(850)414-8538 (850) 413-9974
Chanda. brownta>dca .state. fI.us Farrah. oosforclta>dca,state. fl,us
V. Contractual Responsibilities
The FDEM shall determine eligibility of projects and approve changes in scope of work,
The FDEM shall administer the financial processes,
30
Agenda Item No. 16F5
October 10, 2006
Page 33 of 40
Attachment B
Program Statutes and Regulations
1) 53 Federal Register 8034
2) Federal Acquisition Regulations 31,2 and 031.2
3) Section 1352, Title 31, US Code
4) OMS Circulars A-21 , A-B7, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181(6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286.011, Florida Statutes
15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975
18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
22) 28 CFR applicable to grants and cooperative agreements
23) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
24) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
25) Title VI of the Civil Rights Act of 1964, as amended;
26) Section 504 of the Rehabilitation Act of 1973, as amended;
27) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
28) Title IX of the Education Amendments of 1972;
29) the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
30) 28 CFR Part 42, Subparts C,D,E, and G
31) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
32) Federal Acquisition Regulations 31.2 and 931.2
31
Agenda Item No. 16F5
October 10, 2006
Page 34 of 40
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on which the request is based must be submitted. Any advance payment
under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be
advanced shall not exceed the expected cash needs of the recipient within the initial three months.
[ ] ADVANCE REQUESTED
[ ] NO ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance,
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
..L (A) (B) (C) (D)
FFY FFY FFY Total
DESCRIPTION 2003-2004 2004-2005 2005.2006
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
lDivide line 2 bv line 1.)
, .
FIrst three months expenditures need only be provided for the years In which you requested an advance. If
you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
x $ =
Cell 03 DCAlDEM Award MAXIMUM
(Do not include any match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
] Recipient has no previous DCA/DEM contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
32
Agenda Item No. 16F5
October 10, 2006
Page 35 of 40
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional
pages if needed.
ESTIMATED EXPENSES
BUDGET CATEGORY 2006.2007 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
EXlJlanation of Circumstances:
33
Agenda Item No. 16F5
October 10, 2006
Page 36 of 40
Attachment 0
Warranties and Representations
Financial Manaoement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation,
Comoetition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order
to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for
proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder
or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,
price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the
bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids
or offers may be rejected when it is in the Recipient's interest to do so.
34
Agenda Item No. 16F5
October 10, 2006
Page 37 of 40
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensino and PermittinQ
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
35
Agenda Item No. 16F5
October 10, 2006
Page 38 of 40
Attachment E
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
Division Contract Number
Street Address
City, State, Zip
Date
36
Agenda Item No. 16F5
October 10, 2006
Page 39 of 40
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMS Circulars No. A-21 , A-110, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants, (5 USC 1501, et seq,)
3, It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
Agenda Item No, 16F5
October 10, 2006
Page 40 of 40
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18. Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, FloOG&Tlain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 use 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67. Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
38
EXECUTIVE SUMMARY
Agenda Item No. 16F6
October 10, 2006
Page 1 of 41
...",,;,"~.
Recommendation to approve an Agreement between Collier County and the
Florida Department of Community Affairs accepting $105,806 for Emergency
Management Program Enhancement
OBJECTIVE: That the Board of County Commissioners accept and approve Agreement
#07BG-04-09-21-01- between the State of Florida, Department of Community Affairs and
Collier County for funds that will enhance emergency program activities within Collier County
for Fiscal Year 2007.
CONSIDERA TION: The Emergency Management Preparedness Assistance Grant has been
given by the Florida Department of Community Affairs (Department) to each county for the past
twelve years and does not require an application. These funds are available as a result of a
surcharge of $2.00 for each residential insurance policy and $4.00 for each business insurance
policy issued in Florida. The Florida Legislature adopted Rule 9G-19, Florida Administrative
Code in January 1994. This Rule enables counties with full-time emergency management
directors to receive monies to enhance existing programs by purchasing additional equipment,
services or hiring additional personnel. Each county must develop a five year Strategic plan
which comprises the Scope of Work for the grant. For Fiscal Year 2007, the Department of
Community Affairs has agreed to provide the sum of $105,806 to Collier County for program
enhancements. From this sum, the State Division of Emergency Management will deduct an
annual service charge of $2,847 for the Emergency Satellite Communication System
(ESATCOM) that is installed in the Emergency Operations Center and the Sheriff's Office
Communications Center, and a $479 one-time charge for repairs to the equipment. As in past
years, monies from this fund cannot be used to supplant existing emergency management
funding nor be used to match funds from another program under this Trust Fund.
FISCAL IMPACT: The adopted FY07 budget included $103,000 in anticipated EMPA grant
proceeds. Net grant proceeds are as follows:
EMP A Grant
Less ESA T service charge
Repairs to equipment
Net grant proceeds
$105,806
($2,847)
($479)
$102,480
Net change to budget is a reduction of $520.00
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve Agreement
#07BG-04-09-21-01- accepting $105,806 from the Florida Department of Community Affairs
.- for emergency management program enhancement and approve the associated budget
amendment.
Prepared by: Christine Chase, Sr. Administrative Assistant, Dept. of Emergency Management
Agenda Item No. 16F6
October 10, 2006
Page 2 of 41
Agreement Number: 07BG-04-09-21-01-_
CSF A Number: 52008
CFDANumber: 97.042
STATE AND FEDERALLY-FUNDED SUB GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of
Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the
IlDivisionll), and COLLIER COUNTY, (hereinafter referred to as the IlRecipiene).
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive
these grant funds to provide the services identified herein; and
B. WHEREAS, the Division has received these grant funds from the State of Florida,
and has the authority to subgrant these funds to the Recipient upon the terms and conditions
hereinafter set forth; and
C. WHEREAS, the Division has authority pursuant to Florida law to disburse the
funds under this Agreement.
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget,
Attachment A, and Scope of Work, Attachment Band B-I"ofthis Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment C.
(3) PERIOD OF AGREEMENT
This Agreement shall begin October 1, 2006 and shall end September 30, 2007 unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
1
Agenda Item No. 16F6
October 10, 2006
Page 3 of 41
(4) MODIFICA nON OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes,
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each
of the parties hereto, and attached to the original of this Agreement. Notwithstanding the
foregoing, any budget changes which do not increase the overall cost of the project or change the
Scope of Work do not require a written modification to this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be
subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local
Governments" (53 Federal Register 8034) or OMB Circular No. A-llO, "Grants and Agreements
with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either
OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No.
A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles
for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit)
organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition
Regulations 31.2 and 931.2
(b) The Recipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement, and the compliance of all subcontractors or consultants to be
paid from funds provided under this Agreement, for a period of five years from the date the audit
report is issued, and shall allow the Division or its designee, Chief Financial Officer, or Auditor
General access to such records upon request. The Recipient shall ensure that audit working papers
are made available to the Division or its designee, Chief Financial Officer, or Auditor General
upon request for a period of five years from the date the audit report is issued, unless extended in
writing by the Division, with the following exceptions:
I. If any litigation, claim or audit is started before the expiration of the
five year period and extends beyond the five year period, the records will be maintained until all
litigation, claims or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued
at $5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five
years after closing oftitle.
(c) The Recipient shall maintain all records for the Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
supporting documentation of all program costs, in a form sufficient to determine compliance with
the requirements and objectives of the Budget, Attachment A, and Scope of Work - Attachments
B and B-1, and all other applicable laws and regulations.
2
1
Agenda Item No. 16F6
October 10, 2006
Page 4 of 41
(d) The Recipient, its employees or agents, including all subcontractors or
consultants to be paid from funds provided under this Agreement, shall allow access to its records
at reasonable times to the Division, its employees, and agents. Reasonable shall be construed
according to the circumstances but ordinarily shall mean during normal business hours of 8:00
am. to 5:00 p.m., local time, on Monday through Friday. Agents shall include but not be limited
to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
For Federal Funds:
(a) The Recipient agrees to maintain financial procedures and support
documents, in accordance with generally accepted accounting principles, to account for the receipt
and expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review,
or audit by state personnel and other personnel duly authorized by the Division. "Reasonable"
shall be construed according to circumstances, but ordinarily shall mean normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department of Community Affairs
and! or the Division with the records, reports or fmancial statements upon request for the purposes
of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-B3, as revised, and in the event that the Recipient expends $500,000
or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific
audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXIDBIT
1 to this Agreement indicates Federal resources awarded through the Division by this Agreement.
In determining the Federal awards expended in its fiscal year, the Recipient shall consider all
sources of Federal awards, including Federal resources received from the Division. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-I33, as revised. An audit of the Recipient conducted by the
Auditor General in accordance with the provisions of OMB Circular A-B3, as revised, will meet
the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the
Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C
ofOMB Circular A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-I33, as revised, is not required.
3
Agenda Item No. 16F6
October 10, 2006
Page 5 of 41
In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of OMB Circular A-B3, as
revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit
must be paid from Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB
Circular A-B3, as revised, and required by subparagraph (d) above shall be submitted, when
required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient
directly to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
An electronic copy shall also be submitted to the above office at the following address:
aurilla. parrlsh@dca.state.fl.us
and
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-I33, as revised (the number of
copies required by Sections .320(d)(I) and (2), OMB Circular A-B3, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
(t) Pursuant to Section .320 (t), OMB Circular A-B3, as revised, the Recipient
shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133,
as revised, and any management letter issued by the auditor, to the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
4
:-
-
Agenda Item No. 16F6
October 10, 2006
Page 6 of 41
Tallahassee~ Florida 32399-2100
an electronic copy shall also be submitted to the above office at the following address:
aurilla parrish@dca.state.fl.us
and
Division of Emergency Management
Bureau of Compliance Planning
2555 Shumard Oak Boulevard
Tallahassee~ Florida 32399-2100
(g) Any reports~ management letter, or other information required to be submitted
to the Department and the Division pursuant to this Agreement shall be submitted timely in
accordance with OMB Circular A-B3, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
(h) Recipients, when submitting fmancial reporting packages to the Department
and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General~ should indicate the date that the reporting package was delivered to the Recipient
in correspondence accompanying the reporting package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient
shall be held liable for reimbursement to the Division of all funds not spent in accordance with
these applicable regulations and Agreement provisions within thirty (30) days after the Division
has notified the Recipient of such non-compliance.
(j) The Recipient shall have all audits completed by an independent certified public
accountant (IP A) who shall either be a certified public accountant or a public accountant licensed
under Chapter 473, Florida Statutes. The IP A shall state that the audit complied with the
applicable provisions noted above. The audit must be submitted to the Department and the
Division no later than seven (7) months from the end of the Recipient's fiscal year.
For State Funds:
(a) The Recipient agrees to maintain financial procedures and support documents,
in accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review,
or audit by state personnel and other personnel duly authorized by the Division. "Reasonable"
shall be construed according to circumstances, but ordinarily shall mean normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
5
Agenda Item No. 16F6
October 10, 2006
Page 7 of 41
(c) The Recipient shall also provide the Division with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded
under this Agreement.
(d) If the Recipient is a nonstate entity as defined by Section 215.97, Florida
Statutes, it shall comply with the following:
In the event that the Recipient expends a total amount of State financial assistance equal to
or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State
single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida
Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and
Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance
awarded through the Division by this Agreement. In determining the State financial assistance
expended in its fiscal year, the Recipient shall consider all sources of State financial assistance,
including State funds received from the Division, other state agencies, and other nonstate entities.
State fmancial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the
Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida
Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d),
Florida Statutes. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year,
an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. In the event that the Recipient expends less than $500,000 in state financial assistance in
its fiscal year and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources
(i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other
than State entities. Additional information on the Florida Single Audit Act may be found at the
following website: http://www.state.fl.us/fsaa/statutes.html.
(e) Report Submission
1. The annual financial audit report shall include all management letters
and the Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
Agreement number.
6
Agenda Item No. 16F6
October 10, 2006
Page 8 of 41
3. Copies of financial reporting packages required under this Paragraph 6 shall be
submitted by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
An electronic copy shall also be submitted to the above office at the following address:
aurilla.oarrish@dca.state.fl.us.
and
Division of Emergency Management
Bureau of Compliance Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted to
the Department and the Division pursuant to this Agreement shall be submitted timely in
accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
5. Recipients, when submitting financial reporting packages to the
Department and the Division for audits done in accordance with OMB Circular A-l33 or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, should indicate the date that the reporting package was delivered to the
Recipient in correspondence accompanying the reporting package.
(t) In the event the audit shows that the entire funds disbursed hereunder, or
any portion thereof, were not spent in accordance with the conditions of this Agreement, the
Recipient shall be held liable for reimbursement to the Division of all funds not spent in
accordance with these applicable regulations and Agreement provisions within thirty (30) days
after the Division has notified the Recipient of such non-compliance.
(g) The Recipient shall have all audits completed in accordance with
7
Agenda Item No. 16F6
October 10, 2006
Page 9 of 41
Section 215.97, Florida Statutes by an independent certified public accountant (IPA) who shall
either be a certified public accountant or a public accountant licensed under Chapter 473, Florida
Statutes. The IP A shall state that the audit complied with the applicable provisions noted above.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Division with quarterly
fmancial reports, and with a close-out report. Semi-annual and end of year reports shall include
the current status and progress by the Recipient and all subrecipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to such other information as requested by the Division.
(b) Quarterly financial reports are due to be received by the Division no later
than 30 days after the end of each quarter of the program year and shall continue to be submitted
each quarter until submission of the administrative close-out report. The ending dates for each
quarter of the program year are December 31, March 31, June 30 and September 30.
( c) The close-out report is due 45 days after termination of this Agreement or
upon completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the
Division or are not completed in a manner acceptable to the Division, the Division may
withhold further payments until they are completed or may take such other action as set
forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work
product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide such additional program updates or information as
may be required by the Division.
(t) The Recipient shall provide additional reports and information as identified in
Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this
Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished
within the specified time periods, and other performance goals stated in this Agreement are
achieved. Such review shall be made for each function or activity set forth in Attachment B and
B-1 to this Agreement, and reported in the semi-annual and end of year progress reports.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised and Section 215.97, Florida Statutes (see Paragraph (6) AUDIT REQUIREMENTS,
8
Agenda Item No. 16F6
October 10, 2006
Page 10 of 41
above ), monitoring procedures may include, but not be limited to, on-site visits by Division staff,
limited scope audits as defmed by OMB Circular A-l33, as revised, and/or other procedures. By
entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division
determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Division to the Recipient regarding such
audit. The Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations or audits deemed necessary by the Comptroller or Auditor General. In addition,
the Division will monitor the performance and financial management by the Recipient throughout
the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section
768.28, Florida Statutes. the Recipient shall be solely responsible to parties with whom it shall
deal in carrying out the terms of this agreement, and shall hold the Division harmless against all
claims of whatever nature by third parties arising out of the performance of work under this
agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of
the Division, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section
768.28, Florida Statutes. agrees to be fully responsible to the extent provided by Section 768.28
Florida Statutes. for its negligent acts or omissions or tortious acts which result in claims or suits
against the Department, and agrees to be liable for any damages proximately caused by said acts or
omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a
state agency or subdivision of the State of Florida to be sued by third parties in any matter arising
out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the
part of the Division to make any further payment of funds hereunder shall, if the Division so
elects, terminate and the Division may, at its option, exercise any of its remedies set forth in
Paragraph (11), but the Division may make any payments or parts of payments after the happening
of any Events of Default without thereby waiving the right to exercise such remedies, and without
becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement
or any previous Agreement with the Division shall at any time be false or misleading in any
respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or
covenants contained in this Agreement or any previous agreement with the Division and has not
cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder~
9
Agenda Item No. 16F6
October 10, 2006
Page 11 of41
(b) If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement, and the Recipient fails to cure said
material adverse change within thirty (30) days from the time the date written notice is sent by the
Division.
(c) If any reports required by this Agreement have not been submitted to the
Division or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of
its obligations under this Agreement.
(11) REMEDIES
Upon the happening of an Event of Default, then the Division may, at its option,
upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure
to cure within said thirty (30) day period, exercise anyone or more of the following remedies,
either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least
thirty (30) days prior written notice of such termination. The notice shall be effective when placed
in the United States mail, first class mail, postage prepaid, by registered or certified mail-return
receipt requested, to the address set forth in paragraph (13) herein;
(b) Commence an appropriate legal or equitable action to enforce performance
of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or
4. requiring the Recipient to reimburse the Division for the amount of
costs incurred for any items determined to be ineligible;
10
Agenda Item No. 16F6
October 10, 2006
Page 12 of 41
( e) Require that the Recipient return to the Division any funds which were used
for ineligible purposes under the program laws, rules and regulations governing the use of funds
under this program.
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Division
from pursuing any other remedies contained herein or otherwise provided at law or in equity. No
waiver by the Division of any right or remedy granted hereunder or failure to insist on strict
performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy
of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the
Division for any further or subsequent default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of
funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in
a timely manner; and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Florida Statutes. as amended.
(b) The Division may terminate this Agreement when it determines, in its sole
discretion, that the continuation of the Agreement would not produce beneficial results
commensurate with the further expenditure of funds, by providing the Recipient with thirty (30)
calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
as evidenced by written amendment of this Agreement. The amendment shall establish the
effective date of the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the
notification of termination. The Recipient will cancel as many outstanding obligations as possible.
Costs incurred after the date of receipt of notice of the termination will be disallowed.
Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue
of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law,
withhold any payments to the Recipient for purpose of set-off until such time as the exact amount
of damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be m
11
Agenda Item No. 16F6
October 10, 2006
Page 13 of 41
writing, either by hand delivery, or first class, certified mail, return receipt requested, to the
representative identified below at the address set forth below and said notification attached to the
original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Chanda D. Brown, Contract Manager
Department of Community Affairs
Division of Emergency Management
2555 Shwnard Oak Boulevard
Tallahassee, FL 32399-2100
Telephone: (850) 414-8538
Fax: (850) 488-7842
Email: chanda.brown@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan E. Summers, Director
3301 E. Tamiami Trail, Bldg. F
Naples, Florida 34112
Telephone: 239-774-8445/8000
Fax: 239-775-5008
Email: DanSummers(cUcollierQov.net
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new
representative will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work reQuired under this Aereement. a
copv of the executed subcontract must be forwarded to the Division for review within ten
(10) days of execution. The Recipient agrees to include in the subcontract that (i) the
subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by
all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold
the Division and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and
required by law. Each subcontractor's progress in performing its work under this
Agreement shall be documented in the semi- annual and end of year progress reports
submitted by the Recipient.
12
Agenda Item No. 16F6
October 10, 2006
Page 14 of 41
For each subcontract. the Recioient shall provide a written statement to the Division
as to whether that subcontractor is a minoritv vendor.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) A IT ACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but
only to the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments
Exhibit I - Funding Sources
Attachment A - Budget
Attachment B and B-1 - Scope of Work
Attachment C - Program Statutes, Regulations, and Program Requirements
Attachment D - Reports
Attachment E - Justification of Advance
Attachment F - Warranties and Representations
Attachment G - Certification Regarding Debarment
Attachment H - Statement of Assurances
(17) FUNDING/CON SID ERA nON
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed
for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$102,480 subject to the availability of funds.
(b) By its execution of this Agreement, the Recipient authorizes the Division to
pay on its behalf $2,847 for the recurring charges for the satellite communications service from the
total allocation provided to Recipient of $105,806. In addition, the amount of $479 is deducted
from the total allocation to reimburse the Division for payment of non-recurring satellite charges
paid on behalf of the Recipient.
(c) Any advance payment under this Agreement is subject to Section
216.181(16), Florida Statutes, and is contingent upon the Recipient's acceptance of the rights of
the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced
may not exceed the expected cash needs of the Recipient within the first three (3) months of the
13
Agenda Item No. 16F6
October 10, 2006
Page 150f41
contract term. For a federally funded contract, any advance payment is also subject to federal
OMB Circulars A-87, A-llO, A-122 and the Cash Management Improvement Act of 1990. If an
advance payment is requested, the budget data on which the request is based and a justification
statement shall be included in this Agreement as Attachment E. Attachment E will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds.
1. X No advance payment is requested.
2.
An advance payment of $
is requested.
(d) After the initial advance, if any, payment shall be made on a quarterly
reimbursement basis. Additional reimbursement requests in excess of those made quarterly may
be approved by the Division for exceptional circumstances. An explanation of the exceptional
circumstances must accompany the request for reimbursement. The Recipient agrees to expend
funds in accordance with the Budget, Attachment A, and the Scope of Work., Attachment B and
B-1 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by
Congress, the State Legislature, the Office of the Chief Financial Officer, State Office of
Management and Budgeting or the Federal Office of Management and Budgeting, all obligations
on the part of the Division to make any further payment of funds hereunder shall terminate, and
the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the
Division.
The amount of funds available pursuant to this rule chapter may be adjusted proportionally
when necessary to meet any matching requirements imposed as a condition of receiving federal
disaster relief assistance or planning funds.
Any requests received after November 1,2007, may, in the discretion of the Division t, not
be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile
transmission.
Changes to the amount of funding to be provided may be accomplished by notice from the
Division to the Recipient, in the form of certified mail, return receipt requested. The Division may
make an award of additional funds by subsequent Award Letter certified mail, return receipt
requested. These additional funds may be accepted by the Emergency Management Director or the
Recipient's contact identified in Paragraph (13), above if authorized. Should the Recipient
determine it does not wish to accept the award of additional funds, then the Recipient shall provide
notice to the Division contact within thirty (30) days of receipt of the A ward Letter. Otherwise,
the Recipient shall provide to the Division its written notice of acceptance within forty-five (45)
days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been
modified to include the additional funds upon the Division's receipt of the written notice of
acceptance and receipt of a budget form which details the proposed expenditure of the additional
14
Agenda Item No. 16F6
October 10,2006
Page 160f41
funds. The budget form will be provided by the Division when the offer of additional funds is
made.
All funds received hereunder shall be placed in an interest-bearing account with a separate
account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed
to the Recipient by the Division that are not expended in implementing this program
shall be returned to the Division, along with any interest earned on all funds received under this
Agreement, within ninety (90) days of the expiration of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in
securing goods and services to implement the Scope of Work. Whenever required by law or
otherwise permitted, the Recipient shall utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management
and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST
PRINCIPLES AND PROCEDURES.
At a minimum, the Recipient shall continue to provide other funding for the
Recipient's Emergency Management Agency at an amount equal to either: (1) the average
of the previous three years' level of county general revenue funding of the Recipient's
Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency
Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011).
Recipient's general revenue funding for 911 services, emergency medical services, law
enforcement, criminal justice, public works or other services outside the local emergency
management agency as defined by Section 252.38, Florida Statutes, shall not be included in
determining the "level of county funding of the Recipient's Emergency Management
Agency." The Recipient shall certify compliance with this rule chapter and this rule by its
execution of this Agreement, and as a condition precedent to receipt of funding.
Federal funds provided under this Agreement shaD be matched by the Recipient dollar for
dollar from non-federal funds.
Should the Recipient wish to carry forward into the fiscal year beginning October 1,2007
any unspent funds awarded under this Agreement, the Recipient must request such carry forward
of funds in writing with accompanying docwnentation detailing the exceptional circwnstances
requiring the need to the Division by June 30, 2007. At the Division's discretion, an amount not
to exceed an amount equal to 25% of the initial amount awarded ($105,806) may be carried
forward under this Agreement. Failure to timely submit information, or failure to submit complete
information, may result in the denial of a request to carry funds forward. Any carry forward
amounts approved will be added to the Recipient's base Agreement for the following year. Funds
may not be carried forward for the purpose of paying salaries and benefits of regular or Other
Personal Services personnel. Such salaries and benefit funds may be carried forward to cover
contractual or other temporary personnel costs for non-recurring projects only.
15
Agenda Item No. 16F6
October 10, 2006
Page 17 of 41
All payments relating to the Agreement shall be mailed to the following address:
Collier County Board of Commissioners
c/o Department of Emergency Management
3301 Tamiami Trail East. F-1
Naples. Fl 34112
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to
be made payable to the order of "Department of Community Affairs", and mailed directly to the
Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak: Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Florida Statutes. if a check or other draft is returned to the
Department for collection, the Department must add to the amount of the check or draft a service
fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft,
whichever is greater.
(19) VENDOR PAYMENTS
Pursuant to Section 215.422, Florida Statutes. the Division shall issue payments to
vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and
acceptance of goods andlor services provided in accordance with the terms and conditions of the
Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest
at a rate as established pursuant to Section 55.03(1) Florida Statutes. The interest penalty shall be
paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency
may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this
Agreement, in any subsequent submission or response to Division request, or in any submission or
response to fulfill the requirements of this Agreement, and such information, representations, and
16
Agenda Item No. 16F6
October 10, 2006
Page 18 of 41
materials are incorporated by reference. The lack of accuracy thereof or any material changes
shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause
the termination of this Agreement and the release of the Division from all its obligations to the
Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida,
and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict, and shall be deemed
severable, but shall not invalidate any other provision oftms Agreement.
(c) Any power of approval or disapproval granted to the Division under the
terms ofthis Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act
(Public Law 101-336, 42 V.S.C. Section 12101 et seq.), if applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas of employment,
public accommodations, transportation, State and local government services, and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity,
and may not transact business with any public entity in excess of Category Two for a period of 36
months from the date of being placed on the convicted vendor list or on the discriminatory vendor
list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity,
and may not transact business with any public entity.
(h) With respect to any Recipient which is not a local government or state
agency, and which receives funds under this Agreement from the federal government, by signing
this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its
17
Agenda Item No, 16F6
October 10, 2006
Page 19 of 41
principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under public transaction; violation of federal or state antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in
paragraph 20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements III this
certification, such Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Division (by email or by facsimile
transmission) the completed 'Certification Regarding Debannent, Suspension, Ineligibility And
Voluntary Exclusion' (Attachment G) for each prospective subcontractor which Recipient intends
to fund under this Agreement. Such form must be received by the Division prior to the Recipient
entering into a contract with any prospective subcontractor.
(i) The State of Florida's performance and obligation to pay under this Agreement
is contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Florida Statutes, or the Florida Constitution.
(j) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(k) If otherwise allowed under this Agreement, all bills for any travel expenses
shall be submitted in accordance with Section 112.061, Florida Statutes.
(1) The Division reserves the right to unilaterally cancel this Agreement for
refusal by the Recipient to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient
in conjunction with this Agreement.
18
Agenda Item No. 16F6
October 10, 2006
Page 20 of 41
(m) If the Recipient is allowed to temporarily invest any advances of funds
under this Agreement, any interest income shall either be returned to the Department or be applied
against the Division's obligation to pay the contract amount.
(n) The State of Florida will not intentionally award publicly-funded contracts
to any contractor who knowingly employs unauthorized alien workers, constituting a violation of
the employment provisions contained in 8 D.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the
Recipient ofthe employment provisions contained in Section 274A(e) of the INA shall be grounds
for unilateral cancellation of this Agreement by the Division.
(0) The Recipient is subject to Florida's Government in the Sunshine Law
(Section 286.011, Fla Stat. ) with respect to the meetings of the Recipient's governing board or
the meetings of any subcommittee making recommendations to the governing board. All such
meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall
be public records, available to the public in accordance with Chapter 119, Fla. Stat.
(P) This Agreement may not be renewed or extended.
(21) LOBBYING PROHillITION
(a) No funds or other resources received from the Division in
connection with this Agreement may be used directly or indirectly to influence legislation or any
other official action by the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the
best of his or her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
19
Agenda Item No. 16F6
October 10, 2006
Page 21 of 41
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
(22) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE
STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing
patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent
or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a
result of work or services performed under this Agreement, or in any way connected herewith, the
Recipient shall refer the discovery or invention to the Division for a determination whether patent
protection will be sought in the name of the State of Florida. Any and all patent rights accruing
under or in connection with the performance of this Agreement are hereby reserved to the State of
Florida. In the event that any books, manuals, films, or other copyrightable material are produced,
the Recipient shall notify the Division. Any and all copyrights accruing under or in connection
with the performance under this Agreement are hereby transferred by the Recipient to the State of
Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall
disclose all intellectual properties relevant to the performance of this Agreement which he or she
knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights
and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose
will indicate that no such property exists. The Division shall then, under Paragraph (b), have the
right to all patents and copyrights which accrue during performance of the Agreement.
20
Agenda Item No. 16F6
October 10, 2006
Page 22 of 41
(23) LEGAL AUTHORlZATION
The Recipient certifies with respect to this Agreement that it possesses the
legal authority to receive the funds to be provided under this Agreement and that, if applicable, its
governing body has authorized, by resolution or otherwise, the execution and acceptance of this
Agreement with all covenants and assurances contained herein. The Recipient also certifies that
the undersigned possesses the authority to legally execute and bind Recipient to the terms of this
Agreement.
(24) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated
as Attachment H.
21
Agenda Item No. 16F6
October 10, 2006
Page 23 of41
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
Recioient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Frank Halas, Chairman
Date:
FEID# 59-6000558
ATTEST: Dwight E. Brock, Clerk
Approved as to Form
Deputy Clerk
~
, Assistant County Attorney
.--.
I~~~
By:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
By:
Name and Title: W. Craie Fuaate. Director
Division of Emeraencv Manaaement
Date:
~.
22
Agenda Item No. 16F6
October 10, 2006
Page 24 of 41
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program -0- (Federal funds will be awarded at a later date)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO TillS AGREEMENT ARE AS FOLLOWS:
Not applicable at this time. Federal funds will be awarded at a later date within this contract
year.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TillS
AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and number)
State Awarding Agency: Division of Emel'1!encv Manae:ement
Catalog of State Financial Assistance Title: Emere:encv Management Proe:rams
Catalog of State Financial Assistance Number: ~
State Financial Assistance: $105,806 (less $2,847 for satellite senrice for 12 months and $479
for non-recurring charges)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida
Administrative Code.
23
Agenda Item No. 16F6
October 10, 2006
Page 25 of 41
Attachment A
Budget
The anticipated expenditures for the Categories listed below are for the Emergency
Management Preparedness and Assistance (EMP A) State portion of this subgrant only
(paragraph (l7)(a), FUNDING/ CONSIDERATION). A seDarate bude:et form for the
Emere:encv Manae:ement Performance Grant (EMPG) Dortion of this sube:rant will be
Drovided when federal funds are awarded bv the Division
Catee:orv Anticipated Expenditure Amount
Salaries/Fringe Benefits $ 20.000.00
Other Personal Services $ 10.000.00
Expenses $ 44.680.00
Operating Capital Outlay $ 27.800.00
Fixed Capital Outlay $
Total State Funds $ 102.480.00
(page 14)
24
Agenda Item No. 16F6
October 10, 2006
Page 26 of 41
Attachment B and B-1
Scope of Work
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is
intended to enhance county emergency management plans and programs that are consistent with
the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-
6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work
recognizes that each recipient is at a varying level of preparedness, and it is understood that each
county has a unique geography, faces unique threats and hazards, and serves a unique population.
In order to receive base grant funding, the Recipient must certify that it will use the award to
enhance its Emergency Management Program.
As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the
work items approved by the Division and attached hereto as Attachment B-1. Subsequent
revisions during the term of this Agreement shall done by written modification in accordance with
Paragraph (4) of this Agreement.
25
~--...,.,"---_._-"""">_..~_..._,-,.~---""""--~-,_...
Agenda Item No. 16F6
October 10, 2006
Page 27 of 41
Attachment C
Program Statutes, Regulations, and Program Requirements
ProfUam Statutes
1. Chapter 252, Florida Statutes
2. Rille Chapters 90-6,90-11,90-19 and 90-20, Florida Administrative Code
3. Section 215.97, Florida Statutes
4. Chapter 287, Florida Statutes
5. Chapter 119, Florida Statutes
6. Chapter 112, Florida Statutes
7. OMB Circular A-87
8. OMB Circular A-I33
9. 48 CFR, Part 31
Program Requirements
(1) EQUIPMENT AND PROPERTY MANAOEMENT
The Recipient acknowledges the completed installation of a Hughes Network Systems,
Inc., Personal Earth Station and related equipment (hereinafter ''the Equipment").
The Recipient acknowledges and agrees to comply with applicable terms and conditions of:
(1) the State of Florida LeaseIPurchase Agreement, dated October 1994, executed
between Hughes Network Systems, Inc. ("HNS"), and the Division, (a copy of which is
available from the Division) regarding the procurement and use of the Equipment; and (2)
the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida,
dated January 1995, (a copy of which is available from the Division) (hereinafter,
collectively, "the HNS Agreements") regarding the operation of an interactive satellite
communications service for the Division, the Recipient and other sites. In particular, the
Recipient agrees:
A. That any reports of problems with the Equipment or system, trouble reports, and any
requests for repairs, service, maintenance or the like, shall be communicated directly
and exclusively to the Division's State Warning Point (SWP) (850)
413-9910.
B. That the Recipient will assist and comply with the instructions of the SWP and any
technical service representative responding to the report or service request.
26
Agenda Item No. 16F6
October 10, 2006
Page 28 of 41
Recipient's personnel shall cooperate with and assist service representatives, as
required, for installation, troubleshooting and fault isolation, with adequate staff.
C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the
Equipment, accessories, attachments and related items without the express written
approval of the Division.
D. That the Recipient shall provide access, subject to reasonable security restrictions,
to the Equipment and related areas and locations of the Recipient's facilities and
premises, and will arrange permitted access to areas of third-party facilities and
premises for the purpose of inspecting the Equipment and performing work related
to the Equipment. Service representatives and others performing said work shall
comply with the Recipient's reasonable rules and regulations for access, provided
the Division is promptly furnished with a copy after execution of this Agreement.
The Recipient shall provide safe access to the Equipment and will maintain the
environment where the Equipment is located in a safe and secure condition. The
Recipient shall provide service representatives with access to electrical power,
water and other utilities, as well as telephone access to the Recipient's facility as
required for efficient service.
E. That the Recipient shall take reasonable steps to secure the Equipment and to
protect the Equipment from damage, theft, loss and other hazards. This shall not
obligate the Recipient to procure insurance. The Division agrees to procure and
maintain all risks insurance coverage on the Equipment. The Recipient agrees to
refrain from using or dealing with the Equipment in any manner which is
inconsistent with the HNS Agreements, any policy of insurance referred to in the
HNS Agreements, and any applicable laws, codes ordinances or regulations. The
Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed
to deteriorate, except normal wear and tear resulting from its intended use. TheoRecipient shall immediately report any damage, loss, trouble, service interruption,
accident or other problem related to the Equipment to the SWP, and shall comply
with reasonable instructions issued thereafter.
27
Agenda Item No. 16F6
October 10, 2006
Page 29 of 41
F. That any software supplied in connection with the use or installation of the
equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or
HNS's vendor(s) and/or the Division's vendor(s). The use of one copy of said
software is subject to a license granted from HNS to the Department, and a
sublicense from the Division to the Recipient, to use the software solely in the
operation of the Equipment, to commence on delivery of the software to the
Recipient and to last for the term of the HNS Agreements. The Recipient shall not:
(i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the
software, or (ii) create or attempt to create, or permit others to create or attempt to
create, by reverse engineering or otherwise, the source programs or any part thereof
from the object programs or from other information provided in connection with
the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer,
disclose, lease, or license the software to any third party.
G. To comply with these provisions until the termination of the HNS Agreements.
H. The amounts retained for the satellite service cover the initial order for services
provided to the Division pursuant to the services agreement between Hughes
Network Systems and the State of Florida The charge does not cover maintenance,
repair, additional equipment and other services not part of the initial order for
services. The service charge covers only the remote corrective maintenance
specified in paragraph 4.3 of the Service Agreement with HNS and does not cover
other maintenance, repair, additional equipment and other services not part of the
initial order for services. In particular, the service charge does not cover:
1. Maintenance, repair, or replacement of parts damaged or lost through
catastrophe, accident, lightning, theft, misuse, fault or negligence of the
Recipient or causes external to the Equipment, such as, but not limited to,
failure of, or faulty, electrical power or air conditioning, operator error,
failure or malfunction of data communication Equipment not provided to
the Recipient by the Division under this Agreement, or from any cause other
than intended and ordinary use.
2. Changes, modifications, or alterations in or to the Equipment other than
approved upgrades and configuration changes.
3. Deinstallation, relocation, or removal of the Equipment or any accessories,
attachments or other devices.
The Recipient shall be independently responsible for any and all charges not part of the initial
service order.
28
Agenda Item No. 16F6
October 10, 2006
Page 30 of 41
(2) NAWAS
In the event the Recipient desires to continue use of the National Warning System
(NA WAS) line, then the Recipient shall assume all operational and fiscal responsibility for the
NA W AS line and equipment in the County.
(3) VEHICLES
Written approval from the Director of the Division of Emergency Management must be
obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In
the absence of such approval, the Division has no obligation to honor such reimbursement request.
Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is
program income and must be applied toward the Recipient's Emergency Management
Preparedness and Assistance (EMPA) Base Grant expenditures.
(4) PROPERTY MANAGEMENTIPROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in
securing goods and services to implement the Scope of Work. Wherever required by law or
otherwise permitted, the Recipient shall utilize competitive procurement practices.
(b) Allowable costs shall be determined in accordance with Office of Management and
Budget Circular A-I02 - Common Rule.
(c) Recipient agrees to use any equipment purchased under the terms of this Agreement
for the purpose for which it was intended.
(d) Equipment purchased under the terms of this Agreement shall remain the property of
the Recipient. The disposition of equipment shall be made in accordance with the Recipient's
policies and procedures and applicable federal policies and procedures.
(5) CERTIFICA nONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 9G-6, 9G-ll, and 9G-19, Florida Administrative Code,
Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the
emergency management program and associated activities.
(b) The Recipient certifies that funds received from the Emergency Management,
Preparedness and Assistance Trost Fund (EMPA funds) will not be used to supplant existing
funds, nor will funds from one program under the Trust Fund be used to match funds received
from another program under the Trust. Fund. The Recipient further certifies that EMP A funds
29
Agenda Item No. 16F6
October 10, 2006
Page 31 of 41
shall not be expended for 911 services, emergency medical services, law enforcement, criminal
justice, fire service, public works or other services outside the emergency management
responsibilities assigned to the Recipient's Emergency Management Agency, unless such
expenditure enhances emergency management capabilities as expressly assigned in the local
Comprehensive Emergency Management Plan (CEMP).
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid
Agreement (SMAA).
(d) By its signature, the Recipient reaffirms its certification to employ and maintain
a full-time Director consistent with Rule 9G-19.002(6), Florida Administrative Code.
6) OTHER CONDITIONS
(a) As a further condition of receiving funding under this Agreement, following full or
partial County Emergency Operation Center activation at a level equivalent to a State Emergency
Operation Center level two (2) or above during the period of this Agreement, then the Recipient
shall, within forty-five (45) days following the conclusion of the activation, evaluate the
performance of all elements of the local emergency management program during that activation,
and provide a written after action report to the Division.
(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational
information to educate the public about the Emergency Management Program is allowable.
(c) Food and beverages may be purchased for Emergency Management personnel and
other personnel only if the Recipient's Emergency Operation Center or field command office is in
an activated status and personnel receiving food/beverage are on duty at either of these locations.
Purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State
of Emergency appropriately declared by local officials in response to an emergency event or threat.
(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of
any new or updated ordinances in effect which expressly address emergency management, disaster
preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local
emergency management program provided in s.252.38, Florida Statutes.
30
Agenda Item No. 16F6
October 10. 2006
Page 32 of41
Attachment D
Reports
A. The Recipient shall provide the Division with quarterly financial reports, semi-annual
summary progress reports prepared in conjunction with the Division's Area Coordinator, and
a final close-out report, all in a format to be provided by the Division.
B. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are
due to the Division no later than thirty (30) days after the end of each quarter of the program
year; and shall continue to be submitted each quarter until submission of the final close-out
report. The ending dates for each quarter of this program year are December 31, March 31,
June 30 and September 30.
C. The final close-out report is due forty-five (45) days after termination ofthis Agreement.
D. In addition to the above, in order to ensure compliance with Rule 9G-19.011, Florida
Administrative Code, historical budgetary information relating to the Recipient's Emergency
Management Program is also required. This information shall be developed based on
guidelines provided by the Department and shall be submitted to the Division not later than
December 31, 2005. The Historical Information form must be prepared and signed by an
official of the County's Finance Office.
E. In a format provided by the Division, a proposed staffmg summary shall be submitted to the
Division not later than December 31, 2005.
F. If all required reports prescribed above are not provided to the Division or are not completed
in a manner acceptable to the Division, the Division may withhold further payments until they
are completed or may take such other action as set forth in Paragraphs (9), and Rule 9G-
19.014, Florida Administrative Code. t1Acceptable to the Division" means that the work
product was completed in accordance with generally accepted principles, guidelines and
applicable law, and is consistent with the Scope of Work.
G. Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Division.
H. All report formats provided by the Division shall be made available to the Recipient on the
Division's Internet site and a hard copy will be mailed with a fully executed copy of the
Agreement.
31
Agenda Item No. 16F6
October 10, 2006
Page 33 of 41
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
Recipient:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance pa~ent is
requested, budget data on which the request is based must be submitted. An~ advance payment under this
Agreement is subject to s. 216.181(16)(a)\b), Florida Statutes. The amount which may be advanced shall not
exceed the expected cash needs of the recipient within the initial three months.
I
I
· [ x] NO ADVANCE REQUESTED
I
I
:No advance payment is requested. Payment
:will be solely on a reimbursement basis. No
: additional information is required.
I
,-------------------------------------------,
I
: [ ] ADVANCE REQUESTED
I
I
:Advance payment of$ is requested. Balance of
:payments will be made on a reimbursement basis. These funds are
.needed to pay staff, and purchase start-up supplies and equipment. We
:~~~l~ ~~t_b: ~J:I: ~o_op:~t~ .!h_e Y:<:~~ ~~o~~ ~i~ ~~v_~c:e:. _ _ _ __
ADVANCE REQUEST WORKSHEET
fyou are requesting an advance, complete the following worksheet
DESCRIPTION
(A)
FFY 2004
(B)
FFY 2005
(C)
FFY 2006
(D)
Total
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES1
3 AVERAGE PERCENT EXPENDED IN
FIRST THREE MONTHS
(Divide line 2 by line 1.)
1 First three months expenditures need only be provided for the years in which you requested an advance. If you do
not bave this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
x $
Cell D3 EMPA Award
(do not include match)
=
MAXIMUM ADVANCE
32
Agenda Item No. 16F6
October 10, 2006
Page 34 of 41
dEOUEST FOR WAIVER OF CALCULATED MAXIMUM
1 Recipient bas no previous EMP A contract history. Complete Estimated Expenses chart and Explanation of
Circumstances below.
{ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance
calculated aoove.
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if
needed.
ESTIMATED EXPENSES
BUDGET CATEGORY 2006-2007 Anticipated Expenditures for First Three
Months of Contract
SalarieslOPS
Program Expenses
.
TOTAL EXPENSES
Explanation of Circumstances
33
Agenda Item No. 16F6
October 10, 2006
Page 35 of 41
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system shall provide for the foHowing:
(I) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately
safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate,
[mancial information should be related to performance and unit cost data.
(5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance
with the provisions of the applicable cost principles and the terms and conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free
competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors
that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance
and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of
work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards
shall be made to the bidder or offer or whose bid or offer is responsive to the solicitation and is most advantageous to the
Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder
or offer or shall fulfiH in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be
rejected when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the
award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or
administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved.
Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her
partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or
other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards
of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees,
or agents of the recipient.
34
Agenda Item No. 16F6
October 10, 2006
Page 36 of 41
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the
particular work for which they are hired by the Recipient.
35
Agenda Item No. 16F6
October 10, 2006
Page 37 of 41
Attachment G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor
shall attach an explanation to this form.
CONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
DEM Contract Number
Street Address
City, State, Zip
Date
36
Agenda Item No. 16F6
October 10. 2006
Page 38 of 41
ATTACHMENT H
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-llO, A-122, A-128, A-87; E.O.
12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part
66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-
assisted project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of
persons displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of
a State or local unit of government whose principal employment is in connection with an activity
financed in whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements oflaw, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
37
Agenda Item No. 16F6
October 10, 2006
Page 39 of 41
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-l et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identifY properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see
36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its sub grantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide
for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.
II. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems;
Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal
Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice
Programs and Activities; Part 42, NondiscriminationlEqual Employment Opportunity Policies and
Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63,
Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable
to Federal Assistance Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of
Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act
(ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975;
Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for
Civil Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (p.L. 97-348) dated October
38
Agenda Item No. 16F6
October 10, 2006
Page 40 of 41
19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the
units of the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the
Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620.
39
Agenda Item No, 16F6
October 10, 2006
Page 41 of 41
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F6
Recommendation 10 approve an Agreement between Collier County and the Flonda
Depanment Of Community Affairs accepting $105,806 for Emergency Management Program
Enhancement
Meeting Cate:
10/10/200690000 AM
Prepared By
Christine Chase
Senior Administrative Assistant
Date
County Manager's Office
Emergency Management
9/2812006 9:02:19 AM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
9/2812006 11 :45 AM
Approved By
Mar1ene J. Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
9/2812006 1:04 PM
App roved By
OM8 Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
9/2812006 3:49 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1013/2006 2:20 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/3/2006 4:31 PM
Agenda Item No. 16F7
October 10, 2006
Page 1 of 2
APPROVAL OF BUDGET AMENDMENTS
Bee Agenda of October 10, 2006
800MHz Inter-Govt Radio Fund (188)
Budget Amendment #06-625
FY 06 Budget Amendment
Operating: Expenses
Communications Equipment
$21,172
Reserves
Reserve for Contingencies
($21,172)
Total
-0-
Explanation: Funds are needed to provide budget appropriation to pay an outstanding invoice for
communications equipment, for which the Purchase Order was closed prior to final payment being
remitted.
Prepared by: Barbetta Hutchinson, Executive Secretary, OMB
,-
Page I of 1
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F7
Approve Budget Amendments
10/10/2006 9:00:00 AM
Agenda Item No. 16F7
October 10, 2006
Page 2 of 2
OMB Coordinator
Date
Approved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
9/2912006 8:06 AM
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Budget
Date
912912006 9:17 AM
Date
App roved By
Jame. V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9129/2006 12:28 PM
Agenda Item No. 16F8
October 10, 2006
Page 1 of 43
EXECUTIVE SUMMARY
Recommend Approval of three (3) Tourist Development C-2 Grant
Applications and corresponding Tourism Agreements with the Children's
Museum of Naples ($175,000), Naples Art Association ($38,000) and Naples
Botanical Garden, Inc. ($112,550) for a total of $325,550
OBJECTIVE: Recommend approval and authorize the Chairman to sign Tourism Agreements
with The Children's Musewn of Naples, Inc. ($175,000), Naples Art Association, Inc ($38,000)
and Naples Botanical Garden, Inc. ($112,550)
CONSIDERA TIONS: The BCC approved these three agreements on September 26, 2006, but
subsequent to that action, the County Attorney's Office requested some changes to each
agreement to reflect stronger indemnification language. The attached agreements reflect the
revised language.
Catee:orv "C-2" Grant Applications:
"-
1. Children's Museum of Naples, Inc. for Museum Preview Center- $175,000
Summary: The Children's Museum of Naples, Inc. is a 501-c-3 Florida not-for-profit
corporation and is planning a 2008 opening of their new facility as a part of the new
North Collier Regional Park complex. They wish to establish a Preview Center to begin
educating the traveling public about the new facility. The Center project will include a
permanent exhibit that will become a part of the completed building and a traveling
exhibit that will be used in area schools to promote the new facility. The Children's
Museum Board has indicated that the required matching funds will come from their own
treasury as well as in-kind contributions from Kraft Construction. The original request
was for $250,000, but the TDC on May 22, 2006 recommended funding $175,000 for
marketing expenses and for a traveling exhibit on a 4/3 vote. The Children's Musewn is a
member of the American Association of Museums and is eligible for funding in this
category.
~"
2. Naples Botanical Garden, Inc. for Exhibits and Marketing- $112,550
Summary: Naples Botanical Garden, Inc. is a 501-c-3 Florida not-for-profit corporation
and has requested and has been granted funding for the past five years ('01 - $500,000,
'02 - $500,000, '03 - $366,500, '04 - $217,650, '05 - $207,100). Each year the funding
requested has reduced and the use of funds has evolved from facilities development to the
current expenditures for marketing activities. The funding requested for FY 07 is for a
new exhibit called "Flower Showcase", for a traveling exhibit called "Dinosaurs in the
Garden-Jurassic Jungle", and for the annual Marketing and Promotion Plan to support
out-of-area media, web site enhancement, and group tour and spouse programs in
conjunction with area meetings and conferences. The original request was for $225,100,
but the TDC on May 22, 2006 recommend funding at $112,550 on a 6-1 vote. Naples
Botanical qualified as a museum and is eligible for funding in this category.
Agenda Item No. 16F8
October 10, 2006
Page 2 of 43
3. Naples Art Association, Inc. for Marketing and Promotion Materials- $38,000
Summary: The Naples Art Association, Inc is a 501-c-3 not-for-pmfit Florida
Corporation and is housed at The von Liebig Art Center. They host a regular schedule of
exhibits and events and their education programs include various workshops with well
known artists and a children's art series. Special events include Art in the Park, the
Naples National Art Festival and the Haldeman Creek Art Festival. They use targeted
printed collateral, print and broadcast advertising, outdoor signage, PR and media
relations, web site and e-newsletter to reach a broad audience to promote the activities
and exhibits. The Naples Art Association has requested promotional funding assistance
for several of their events and to enhance their web site. The original request was
$150,000 but the TDC on June 26, 2006 recommended funding $38,000 for targeted
marketing expenses and web site enhancement on a 4/1 vote. The Association has applied
to the State of Florida for museum status for the von Liebig Art Center. The County
Attorney requests that the BCC acknowledge that the von Liebig Art Center qualifies as a
museum and that the expenses will promote tourism in Collier County.
ADVISORY COMMITTEE RECOMMENDATIONS: The Tourist Development Council
(TDC) has recommended the above funding amounts at their May 22 and June 26 meetings.
COUNTY ATTORNEY FINDING: The County Attorney reviewed the above grant
applications and has indicated that each qualifies for category C-2 tourist tax funding if the BCC
designates that each of the facilities are a museum and that the funding will promote tourism in
Collier County.
FISCAL IMPACT: Category "C-2", Non- County Owned Museum requests are funded from
Fund 193 and there are sufficient funds in the FY 07 budget to cover these requests.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: Approval of Tourist Development C-2 Grant Applications and
authorize the Chairman to sign the corresponding Tourism Agreements with the Children's
Museum of Naples, Inc. ($175,000), Naples Art Association, Inc. ($38,000) and Naples
Botanical Garden, Inc. ($112,550) for a total of $325,550.
PREPARED BY: Jack Wert, Tourism Director
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F8
Oc1ober 10, 2006
Page 3 of 43
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F8
Recommend Approval of three (3) Tourist Development C-2 Grant Applications and
corresponding revised Tourism Agreements with the Childrens Museum of Naples
($175000), Naples Art Association (538,000) and Naples Botamcal Garden, Inc (5112,550)
for a tolal of $325,550.
1011012006900:00 AM
Tourism Director
Date
Prepared By
Jack Wert
County Manager's Office
Tourism
912812006 3:28:50 PM
Tourism Director
Date
Approved By
Jack Wert
County Manager's Office
Tourism
9/2812006 4: 11 PM
Purchasing/General Svcs Director
Date
Approved By
Steve Carnell
Administrative Services
Purchasing
9/28120064:14 PM
Purchasing Agent
Dale
Approved By
Lyn Wood
Administrative Services
Purchasing
1012/20064:45 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
1013/20068:55 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/31200610:27 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/3/200612:42 PM
Agenda Item No. 16F8
October 10, 2006
Page 4 of 43
2007 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE CHILDREN'S MUSEUM OF NAPLES, INC.
THIS AGREEMENT, is made and entered into this _ day of ,2006, by
and between the Children's Museum of Naples, Inc., a Florida not-for-profit corporation,
hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY".
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion of tourism in Collier County nationally
and internationally, for the promotion and advertising of activities or events intended to bring
tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums
owned and operated by not-for-profit organizations and open to the public; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds for assistance with future Exhibitions, educational
programs, festivals, special events or other promotional activities; and
WHEREAS, The Tourist Development Council has recommended this request for
funding with Tourist Development Tax proceeds; and
WHEREAS, The Collier County Board of County Commissioners has approved the
funding request of the GRANTEE and the Chairman was authorized to execute the Tourism
Agreement on September 26, 2006; and
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget, attached
hereto as Exhibit "F", the GRANTEE shall expend the funds for a preview center, to include, but
not be limited to, marketing expenses, to include, but not be limited to, print advertising, web
campaign through web sites and direct mail; permanent exhibit costs, to include but not be limited
to, design fees, fabrication costs, and materials and equipment; and for traveling exhibit costs, to
include, but not be limited to, design fees and fabrication costs (hereinafter "the Project").
1
Agenda Item No. 16F8
October 10, 2006
Page 5 of 43
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of One Hundred
Seventy-Five Thousand Dollars ($175,000). The GRANTEE shall be paid in accordance with
fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1)
herein upon submittal of a request for funds on the form attached hereto as Exhibit "D" and
made a part hereof, and shall submit invoices to the Executive Director of Naples, Marco,
Everglades CVB or his designee for review and upon verification by letter from the GRANTEE
that the services or work performed as described in the invoice have been completed or that the
goods have been received and that all vendors have been paid.
(b) The Executive Director of Naples, Marco, Everglades CVB or his designee shall
determine that the invoice payments are authorized and that the goods or services covered by
such invoice[s] have been provided or performed in accordance with such authorization. The
line item budget attached as Exhibit "F" shall constitute authorization for the expenditure[s]
described in the invoice( s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County
Commissioners pre-audits all payment invoices in accordance with law.
(e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for
any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F".
(f) GRANTEE is required to pay matching funds for the Project in the amount of
$175,000 in the form of cash or in-kind contributions. For each request for funds, GRANTEE
shall produce documentation of the cash or in-kind contribution equalling the sum requested.
For in-kind contributons, GRANTEE shall provide a letter from the donor which explains the
contribution and its value.
3. ELIGffiLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph One (1) will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2006
and September 30, 2007.
2
Agenda Item No. 16F8
October 10, 2006
Page 6 of 43
(c) Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request
to repay said funds.
(d) COUNTY may request repayment of funds for a period of up to three (3) years
after termination of this Agreement or any extension or renewal thereof.
4. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its
Board of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory
(c) The Certificate of Insurance must be delivered to the Executive Director of
Naples, Marco, Everglades CVB or his designee within ten (10) days of the approval of this
Agreement by the COUNTY. The GRANTEE shall not commence activities hereunder which are
to be funded pursuant to this Agreement until the Certificate of Insurance has been received by
the COUNTY and the Agreement is fully executed.
5. REPORTING REQUlREMENTS:
(a) GRANTEE shall provide to County a preliminary status report on the form
attached hereto as Exhibit "A" within thirty (30) days ofthe effective date ofthe agreement.
(b) GRANTEE shall provide to County a quarterly interim status report on the form
attached hereto as Exhibit "B".
(c) GRANTEE shall provide to County a fmal status report on the form attached
hereto as Exhibit "C" no later than November 15,2007.
(d) Each report shall identify the amount spent, the duties performed, the services
provided and the goods delivered since the previous reporting period.
3
Agenda Item No. 16F8
October 10. 2006
Page 7 of 43
(e) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors.
(f) COUNTY may withhold any interim or final payments for failure of GRANTEE
to provide the interim status report or final status report until the County receives the interim
status report or final status report or other report acceptable to the Executive Director of the
Naples, Marco, Everglades, CVB.
(g) GRANTEE shall request that visitors to the preview center complete the visitor
questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires
shall be maintained in accordance with Section 13 of this Agreement.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any [mancial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and/or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
To the maximum extent permitted by Florida law, the GRANTEE shall indemnify and hold
harmless Collier County, its agents, officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
4
Agenda Item No. 16F8
October 10, 2006
Page 8 of 43
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
8. NOTICES:
All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly
served if mailed by registered or certified mail to the GRANTEE at the following address:
Joe Cox, Executive Director
Children's Museum of Naples, Inc.
P. O. Box 2423
Naples, Florida 34106
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
Jack Wert, Executive Director
Naples, Marco Island, Everglades CVB
3050 N. Horseshoe Drive, Suite 218
Naples, Florida 34104
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to
constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the
COUNTY.
10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all
matters pertaining to this Agreement and shall provide all information and documentation
requested by the COUNTY from time to time pertaining to the use of any funds provided
hereunder.
5
Agenda Item No. 16F8
October 10, 2006
Page 9 of 43
11. TERMINATION:
(a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause
by giving thirty (30) days advance written notice of such termination specifying the effective date
of termination.
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records. All revenue related to the Agreement must be recorded, and all
expenditures must be incurred within the term of this Agreement.
13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under this
Agreement, have access to, and the right to examine and photocopy any pertinent books,
documents, papers, and records of GRANTEE involving any transactions related to this
Agreement.
14. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
15. TERM: This Agreement shall become effective on October I, 2006 and shall
remain effective for one (1) year until September 30, 2007. If the project is not completed within
the term of this agreement, all umeleased funds shall be retained by the COUNTY. Any extension
of this agreement beyond the one (1) year term in order to complete the Project must be at the
express consent of the Collier County Board of County Commissioners.
6
OGt-QZ-QS 04:43pm From-Coil ier County Attorney
+i740ZZ5
T-941gerpdooM101 Nq:-l2f8
October 10. 2006
Page 10 of 43
16_ The GRANTEE must request any extension of this term in writing at least sixty
(60) days prior to the e~piration of this Agreement, and the COUNTY may agree by amendment to
this Agreement to extend the term for an additional one (1) year.
17. EVALUATION OF TOURlSM IMP ACT: GRANTEE shall monitor and evaluate
the tourism impact of the Project. explaining how the tourism impact was evaluated. providing a
written report to the Executive Director of Naples, Marco, Everglades CVB or his designee, along
with a final budget analysis by November 15, 2007.
18. ;REOUIRED NOTATION: All promotionalliteramre and media advertising must
prominently list Collier County and the Tourist Development Council as sponsors.
19. AMENDMENTS: This Agreement may only be amended by mulua! written
agreement of the parties, after review by the Collier County Tourist Development Council if
wananted...
IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an
a~thorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COllJER COUNTY, FLORIDA
By:
Frank Halas, Chairman
Approved as to .form and
legal sufficiency
~
(printed Name)
Assistant County Attorney
7
Agenda Item No. 16F8
October 10, 2006
Page 11 of 43
WITNESSES:
GRANTEE:
(1)
CHILDREN'S MUSEUM OF NAPLES, INC.
Printed/Typed Name
(2)
BY:
Printed/Typed Name
Printed/Typed Name
Printed/Typed Title
8
Agenda Item No. 16F8
October 10, 2006
Page 12 of 43
EXHIBIT" A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the followina Questions and attach it to your
aODlication.
PRELIMINARY INFORMATION:
Is this a first time project? If not, please give details of past projects.
Do you anticipate using area hotels in support of your project?
If so, what are the estimated hotel rooms nights generated by project?
What is the estimated revenue generated by this project?
What is the estimated number of participants expected to visit the project?
If project planning is in progress, what has been done, what remains to be done, and are
there any problems?
If the project planning has not been started, why?
List any planned out-of-county advertising, marketing, and/or public relations that will be
used in support of the project.
9
Agenda Item No. 16F8
October 10, 2006
Page 13 of 43
EXHIBIT "B"
Collier County Tourist Development Council
Interim Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the followina Questions to identify the status of the
Droiect Submit this reDort at least Quarter/v.
INTERIM - These questions will identify the current status of the project. After the TDC
staff reviews this Interim Status Report, if they feel you are behind schedule on the
planning stages, they will make recommendations to help get the project stay on schedule.
Has the planning of this project started?
At what point are you at with the planning stage for this project?
(Percent of completion)
Will any hotels/motels be utilized to support this project?
If so, how many hotel room nights will be utilized?
What is the total dollar amount to date of matching contributions?
What is the status of the advertising and promotion for this project?
Have your submitted any advertisements or printed pieces to the TDC staff for approval?
Please supply a sample and indicate the ad schedule.
How has the public interest for this project been up to this point?
10
Agenda Item No. 16F8
October 10, 2006
Page 14 of 43
EXHIBIT "e"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
TITLE:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet, answer the following Questions for each element in your
scolJe of work.
Final - These questions should be answered for your final status report.
Was this a first time project? If not, how many times has this event taken place?
What hotels/motels were utilized to support the project and how many?
What is the total revenue generated for this event?
Total expenses. (Have all vendors been paid?)
List the vendors that have been paid, if not, what invoices are still outstanding and why?
What is the number of participants that visited the project?
What is the percentage of the total participants from out of Collier County?
What problems occurred if any during the project event?
List any out-of-county- advertising, marketing, and/or public relations that was used to
support the project and attach samples.
How could the project been improved or expanded?
11
Agenda Item No. 16F8
October 10, 2006
Page 15 of 43
EXHIBIT "0"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
FROM
TELEPHONE (
TO
CONTACT PERSON
REQUEST PERIOD
REQUEST#
( ) INTERIM REPORT
( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $
EXPENSE
BUDGET
REIMBURSEMENT REQUESTED
TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in
your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other
backup information to substantiate payment must accompany request for funds. The following
will not be accepted for payments: statements in place of invoices; checks or invoices not dated;
tear sheets without date, company or organizations name. A tear sheet is required for each ad for
each day or month of publication. A proof of an ad will not be accepted.
Each additional request for payment subsequent to the first request, Grantee is required to submit
verification in writing that all subcontractors and vendors have been paid for work and materials
previously performed or received prior to receipt of any further payments.
If project budget has specific categories with set dollar limits, the Grantee is required to include a
spreadsheet to show which category each invoice is being paid from and total of category before
payment can be made to Grantee. Organizations receiving funding should take into consideration
that it will take a maximum of 45 days for the County to process a check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on
our official accounting system and records, consistently applied and maintained and that the cost
shown have been made for the purpose of and in accordance with, the terms of the contract. The
funds requested are for reimbursement of actual cost made during this time period.
SIGNATURE
TITLE
12
Agenda Item No. 16F8
October 10, 2006
Page 16 of 43
EXHIBIT "E"
VISITOR QUESTIONNAIRE
Thank you for taking the time to complete the following questions. This information will afford us the
opportunity to better serve the needs of Collier County visitors.
NAME:
ADDRESS:
CITY
ST
ZIP
DATE OF ARRIVAL:
DATE OF DEPARTURE:
WHERE ARE YOU STAYING?
HOTEL
FRIENDS
CAMPGROUND
NAME OF HOTEL AND CITY:
NAME OF CAMPGROUND:
# OF ROOMS OCCUPIED x NUMBER OF NIGHTS YOU WILL STAY =
HOW DID YOU SELECT THE HOTEUCAMPGROUND?
INTERNET YOUR CHOICE
TRAVEL AGENT
OTHER:
NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (Please provide a number determined by the
number of people in your party times the number of days of your visit times the number of meals that will
be eaten out each day.) =
AREA ATTRACTIONS YOU PLAN TO VISIT: (Please Circle)
Caribbean Gardens, Naples/Marco Corkscrew Swamp
The Zoo in Naples Princess Sanctuary
Naples Pier
Water
sports/ParasaiJing
Everglades National
Park
Rookery Bay
Everglades Airboat
Tour
The Conservancy's
Nature Center
King Richards Fun
Park
Teddy Bear Museum
Seminole Casino
Delnore-Wiggins
State Park
Fakahatchee Strand
Preserve
Lake Trafford
Other: Please name
below
PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCATION OF
AREA ATTRACTIONS.
13
Marketing Expenses
Permanent Exhibit Costs
Traveling Exhibit Costs
Total
EXHIBIT "F"
Children's Museum of Naples, Inc.
Project Budget
Agenda Item No. 16F8
October 10, 2006
Page 17 of 43
Fundina (Not to Exceed)
$75,000
$75,000
$25.000
$175,000
14
Agenda Item No. 16F8
October 10, 2006
Page 18 of 43
2007 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE NAPLES ART ASSOCIATION, INC.
THIS AGREEMENT, is made and entered into this _ day of ,2006, by
and between the Naples Art Association, Inc., a Florida not-for-profit corporation, hereinafter
referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY".
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion of tourism in Collier County nationally
and internationally, for the promotion and advertising of activities or events intended to bring
tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums
owned and operated by not-for-profit organizations and open to the public; and
WHEREAS, GRANTEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds for assistance with future Exhibitions, educational
programs, festivals, special events and other promotional activities; and
WHEREAS, The Tourist Development Council has recommended this request for
funding with Tourist Development Tax proceeds; and
WHEREAS, The Collier County Board of County Commissioners has approved the
funding request of the GRANTEE and the Chairman was authorized to execute the Tourism
Agreement on September 26, 2006; and
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERA nON, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget, the
GRANTEE shall expend the funds for printed material, temporary signs and web site
enhancement (hereinafter ''the Project").
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of Thirty-Eight
Thousand Dollars ($38,000). The GRANTEE shall be paid in accordance with fiscal procedures
1
Agenda Item No. 16F8
October 10, 2006
Page 190f 43
of the County for the expenditures incurred as described in Paragraph One (1) herein upon
submittal of a request for funds on the form attached hereto as Exhibit "D" and made a part
hereof, and shall submit invoices to the Executive Director of the Naples, Marco, Everglades
CVB or his designee for review and upon verification by letter from the Association that the
services or work performed as described in the invoice have been completed or that the goods
have been received and that all vendors have been paid.
(b) The Executive Director of the Naples, Marco, Everglades CVB or his designee
shall determine that the invoice payments are authorized and that the goods or services covered
by such invoice[ s] have been provided or performed in accordance with such authorization. The
line item budget attached as Exhibit "F" shall constitute authorization for the expenditure[s]
described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County
Commissioners pre-audits all payment invoices in accordance with law.
( e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for
any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F".,
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described in Paragraph One (1) will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2006
and September 30, 2007.
(c) Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request
to repay said funds.
(d) COUNTY may request repayment of funds for a period of up to three (3) years
after termination of this Agreement or any extension or renewal thereof
4. INSURANCE:
(a) GRANTEE shall submit a Certificate ofhlsurance naming Collier County, and its
Board of County Commissioners and the Tourist Development Council as additional insureds.
2
Agenda Item No. 16F8
October 10, 2006
Page 20 of 43
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY -Statutory
(c) The Certificate of Insurance must be delivered to the Executive Director of the
Naples, Marco Island, Everglades CVB or his designee within ten (10) days of the approval of
this Agreement by the COUNTY. The GRANTEE shall not commence promotional or
advertising activities which are to be funded pursuant to this Agreement until the Certificate of
Insurance has been received by the COUNTY and the Agreement is fully executed..
5. REPORTING REQUIREMENTS:
(a) GRANTEE shall provide to County a preliminary status report on the form
attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement.
(b) GRANTEE shall provide to County a quarterly interim status report on the form
attached hereto as Exhibit "B".
(c) GRANTEE shall provide to County a final status report on the form attached
hereto as Exhibit "C" no later than November 15, 2007.
(d) Each report shall identify the amount spent, the duties performed, the services
provided and the goods delivered since the previous reporting period.
(e) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors.
(f) COUNTY may withhold any interim or final payments for failure of GRANTEE
to provide the interim status report or final status report until the County receives the interim
status report or final status report or other report acceptable to the Executive Director of the
Naples, Marco, Everglades, CVB.
(g) GRANTEE shall request that visitors to the preview center complete the visitor
questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires
shall be maintained in accordance with Section 13 of this Agreement.
3
Agenda Item No. 16F8
October 10, 2006
Page 21 of 43
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and/or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
To the maximum extent permitted by Florida law, the GRANTEE shall indemnify and hold
hannless Collier County, its agents, officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
8. NOTICES:
All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly
served if mailed by registered or certified mail to the GRANTEE at the following address:
Taylor C. Wells, Executive Director
The von Liebig Art Center
585 Park Street
Naples, Florida 34102
4
Agenda Item No. 16F8
October 10, 2006
Page 22 of 43
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
Jack Wert, Executive Director
Naples, Marco Island, Everglades CVB
3050 N. Horseshoe Drive, Suite 218
Naples, Florida 34104
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to
constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the
COUNTY.
10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all
matters pertaining to this Agreement and shall provide all information and documentation
requested by the COUNTY from time to time pertaining to the use of any funds provided
hereunder.
11. TERMINATION:
(a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause
by giving thirty (30) days advance written notice of such termination specifying the effective date
of termination.
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records. All revenue related to the Agreement must be recorded, and all
expenditures must be incurred within the term of this Agreement.
5
Agenda Item No. 16F8
October 10, 2006
Page 23 of 43
13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period ofthree (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after fmal payment under this
Agreement, have access to, and the right to examine and photocopy any pertinent books,
documents, papers, and records of GRANTEE involving any transactions related to this
Agreement.
14. PROHIBmON OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
15. TERM: This Agreement shall become effective on October 1, 2006 and shall
remain effective for one year until September 30, 2007. If the project is not completed within the
term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of
this agreement beyond the one (1) year term in order to complete the Proj ect must be at the express
consent of the Collier County Board of County Commissioners.
16. The GRANTEE must request any extension of this term in writing at least sixty
(60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to
this Agreement to extend the term for an additional one (1) year.
17. EV ALVA TION OF TOURISM IMP ACT: GRANTEE shall monitor and evaluate
the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a
written report to the Executive Director of the Naples, Marco Island, Everglades CVB or his
designee, along with a final budget analysis by September 30, 2007.
18. REOUJRED NOTATION: All promotional literature and media advertising must
prominently list Collier County as one of the sponsors.
19. AMENDMENTS: This Agreement may only be amended by mutual written
agreement of the parties, after review by the Collier County Tourist Development Council if
warranted.
6
Oct-02-06 04:45pm From-Co I I ier County Attorney
+7740225
T-941Ag~OUUOO2n ""'.5a~F8
October 1 0, 2006
Page 24 of 43
IN WITNESS WHEREOF, the GRANTEE and COUNfY have respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATIEST:
DWrGIIT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Frank Halas, Chairman
Approved as to form and
legal sufficiency
@
(printed Name)
Assistant County Attorney
WITNESSES:
GRANTEE:
(1)
NAPLES ART ASSOCIATION, INC.
PrintedITyped Name
(2)
BY:
PrinredfTyPed Name
PrintedlTyped Name
Printed!Typed Title
7
Agenda Item No. 16F8
October 1 0, 2006
Page 25 of 43
EXHIBIT "A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the fo/lowina Questions and attach it to your
application.
PRELIMINARY INFORMATION:
Is this a first time project? If not, please give details of past projects.
Do you anticipate using area hotels in support of your project?
If so, what are the estimated hotel rooms nights generated by project?
What is the estimated revenue generated by this project?
What is the estimated number of participants expected to visit the project?
If project planning is in progress, what has been done, what remains to be done, and are
there any problems?
If the project planning has not been started, why?
List any planned out-ot-county advertising, marketing, and/or public relations that will be
used in support of the project.
8
Agenda Item No. 16F8
October 10, 2006
Page 26 of 43
EXHIBIT "B"
Collier County Tourist Development Council
Interim Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX.:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the fol/owina auestions to identify the status of the
oroiect. Submit this reoort at least auarterlv.
INTERIM - These questions will identify the current status of the project. After the TDC
staff reviews this Interim Status Report, if they feel you are behind schedule on the
planning stages, they will make recommendations to help get the project stay on schedule.
Has the planning of this project started?
At what point are you at with the planning stage for this project?
(Percent of completion)
Will any hotels/motels be utilized to support this project?
If so, how many hotel room nights will be utilized?
What is the total dollar amount to date of matching contributions?
What is the status of the advertising and promotion for this project?
Have your submitted any advertisements or printed pieces to the TDC staff for approval?
Please supply a sample and indicate the ad schedule.
How has the public interest for this project been up to this point?
9
Agenda Item No. 16F8
October 10, 2006
Page 27 of 43
EXHIBIT "e"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
ADDRESS:
TITLE:
PHONE:
FAX:
===================================================================
On an attached sheet. answer the followina Questions for each element in vour
SCODe of work.
Final - These questions should be answered for your final status report.
Was this a first time project? If not, how many times has this event taken place?
What hotels/motels were utilized to support the project and how many?
What is the total revenue generated for this event?
T ota/ expenses. (Have all vendors been paid?)
List the vendors that have been paid, if not, what invoices are still outstanding and why?
What is the number of participants that visited the project?
What is the percentage of the total participants from out of Collier County?
What problems occurred if any during the project event?
List any out-of-county- advertising, marketing, and/or public relations that was used to
support the project and attach samples.
How could the project been improved or expanded?
10
Agenda Item No. 16F8
October 10, 2006
Page 28 of 43
EXHIBIT "0"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON
TELEPHONE (
REQUEST PERIOD
FROM
TO
REQUEST#
( ) INTERIM REPORT
( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $
EXPENSE
BUDGET
REIMBURSEMENT REQUESTED
TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in
your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other
backup information to substantiate payment must accompany request for funds. The following
will not be accepted for payments: statements in place of invoices; checks or invoices not dated;
tear sheets without date, company or organizations name. A tear sheet is required for each ad for
each day or month of publication. A proof of an ad will not be accepted.
Each additional request for payment subsequent to the first request, Grantee is required to submit
verification in writing that all subcontractors and vendors have been paid for work and materials
previously performed or received prior to receipt of any further payments.
If project budget has specific categories with set dollar limits, the Grantee is required to include a
spreadsheet to show which category each invoice is being paid from and total of category before
payment can be made to Grantee. Organizations receiving funding should take into consideration
that it will take a maximum of 45 days for the County to process a check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on
our official accounting system and records, consistently applied and maintained and that the cost
shown have been made for the purpose of and in accordance with, the terms of the contract. The
funds requested are for reimbursement of actual cost made during this time period.
SIGNATURE
TITLE
11
Agenda Item No. 16F8
October 10, 2006
Page 29 of 43
EXHIBIT "E"
VISITOR QUESTIONNAIRE
Thank you for taking the time to complete the following questions. This information will afford us the
opportunity to better serve the needs of Collier County visitors.
NAME:
ADDRESS:
CITY
ST
ZIP
DATE OF ARRIVAL:
DATE OF DEPARTURE:
WHERE ARE YOU STAYING?
HOTEL
FRIENDS
CAMPGROUND
NAME OF HOTEL AND CITY:
NAME OF CAMPGROUND:
# OF ROOMS OCCUPIED x NUMBER OF NIGHTS YOU WILL STAY =
HOW DID YOU SELECT THE HOTEUCAMPGROUND?
INTERNET YOUR CHOICE
TRAVEL AGENT
OTHER:
NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (Please provide a number determined by the
number of people in your party times the number of days of your visit times the number of meals that will
be eaten out each day.) =
AREA ATTRACTIONS YOU PLAN TO VISIT: (Please Circle)
Caribbean Gardens, Naples/Marco Corkscrew Swamp
The Zoo in Naples Princess Sanctuary
Naples Pier
Water
sports/Parasailing
Everglades National
Park
Everglades Airboat
Tour
The Conservancy's
Nature Center
Teddy Bear Museum
King Richards Fun
Park
Rookery Bay
Seminole Casino
Delnore-Wiggins
State Park
Fakahatchee Strand
Preserve
Lake Trafford
Other: Please name
below
PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCATION OF
AREA ATTRACTIONS.
12
Agenda Item No. 16F8
October 10, 2006
Page 30 of 43
EXHIBIT "F"
Naples Art Association, Inc.
Project Budget
Fundina - Not to Exceed
Exhibitions, Educational Programs,
Festivals, Promotional Brochures and Flyers
$33,000
45th Founders Juried Awards Exhibition
Golf in American Art Exhibition
International Association of Pastel Societies Annual Exhibition
Art Encounter 2007 Exhibition
East Meets West Exhibition
Awarding Pictures: The Art of Children's Book Illustration Exhibition
Children's Book Illustrator's Conference
Fall Art Festival (Thanksgiving Weekend)
Print newsletter
Rack brochure
Bookmark
Program Schedule 2006-07
Exhibition Announcement Postcards
Members' Gallery Brochure
Art in the Park Brochure
Rentals Brochure
Events fivers
Website EnhancementProject
$ 5,000
Total:
$38,000
13
Agenda Item No. 16F8
October 10, 2006
Page 31 of 43
.-~ t
2007 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE NAPLES BOTANICAL GARDEN, INC.
THIS AGREEMENT, is made and entered into this _ day of , 2006, by
and between the Naples Botanical Garden, Inc., a Florida not-for-profit corporation, hereinafter
referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY".
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion of tourism in Collier County nationally
and internationally, for the promotion and advertising of activities or events intended to bring
tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums
owned and operated by not-for-profit organizations and open to the public; and
WHEREAS, GR.Ac~TEE has applied to the Tourist Development Council and the County
to use Tourist Development Tax funds for assistance with future Exhibitions, educational
programs, festivals, special events or other promotional activities; and
WHEREAS, The Tourist Development Council has recommended this request for
funding with Tourist Development Tax proceeds; and
WHEREAS, The Collier County Board of County Commissioners has approved the
funding request of the GRANTEE and the Chairman was authorized to execute the Tourism
Agreement on September 26, 2006; and
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK:
(a) In accordance with the authorized expenditures as set forth in the Budget, attached
hereto as Exhibit "F", the GRANTEE shall expend the funds for temporary and traveling exhibits
and a promotional plan (hereinafter "the Project").
1
Agenda Item No. 16F8
October 10, 2006
Page 32 of 43
2. PAYMENT:
(a) The amount to be paid under this Agreement shall be a total of One Hundred
Twelve Thousand Five Hundred Fifty Dollars ($112,550). The GRANTEE shall be paid in
accordance with fiscal procedures of the County for the expenditures incurred as described in
Paragraph One (1) herein upon submittal of a request for funds on the form attached hereto as
Exhibit "D" and made a part hereof, and shall submit invoices to the Executive Director of
Naples, Marco, Everglades CVB or his designee for review and upon verification by letter from
the GRANTEE that the services or work performed as described in the invoice have been
completed or that the goods have been received and that all vendors have been paid.
(b) The Executive Director of Naples, Marco, Everglades CVB or his designee shall
determine that the invoice payments are authorized and that the goods or services covered by
such invoice[ s] have been provided or performed in accordance with such authorization. The
line item budget attached as Exhibit "F" shall constitute authorization for the expenditure[s]
described in the invoice[s].
(c) All expenditures shall be made in conformity with this Agreement.
(d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County
Commissioners pre-audits all payment invoices in accordance with law.
(e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for
any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F".
3. ELIGIBLE EXPENDITURES:
(a) Only eligible expenditures described In Paragraph One (1) will be paid by
COUNTY.
(b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2006
and September 30,2007.
(c) Any expenditures paid by COUNTY which are later deemed to be ineligible
expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request
to repay said funds.
(d) COUNTY may request repayment of funds for a period of up to three (3) years
after termination of this Agreement or any extension or renewal thereof.
2
Agenda Item No. 16F8
October 10, 2006
Page 33 of 43
4. INSURANCE:
(a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its
Board of County Commissioners and the Tourist Development Council as additional insureds.
(b) The certificate of insurance must be valid for the duration of this Agreement, and
be issued by a company licensed in the State of Florida, and provide General Liability Insurance
for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory
(c) The Certificate of Insurance must be delivered to the Executive Director of
Naples, Marco, Everglades CVB or his designee within ten (10) days of the approval of this
Agreement by the COUNTY. The GRANTEE shall not commence activities hereunder which are
to be funded pursuant to this Agreement until the Certificate of Insurance has been received by
the COUNTY and the Agreement is fully executed.
5. REPORTING REOUIREMENTS:
(a) GRANTEE shall provide to County a Preliminary Status Report on the form
attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement.
(b) GRANTEE shall provide to County a quarterly Interim Status Report on the form
attached hereto as Exhibit "B".
(c) GRANTEE shall provide to County a Final Status Report on the form attached
hereto as Exhibit "C" no later than November 15,2007.
(d) The report shall identify the amount spent, the duties performed, the services
provided and the goods delivered since the previous reporting period.
(e) GRANTEE shall take reasonable measures to assure the continued satisfactory
performance of all vendors and subcontractors.
(f) COUNTY may withhold any interim or final payments for failure of GRANTEE
to provide the interim status report or final status report until the County receives the interim
status report or final status report or other report acceptable to the Executive Director of the
Naples, Marco, Everglades, CVB.
3
Agenda Item No. 16F8
October 10, 2006
Page 34 of 43
(g) GRANTEE shall request that visitors to the Botanical Garden complete the visitor
questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires
shall be maintained in accordance with Section 13 of this Agreement.
6. CHOICE OF VENDORS AND FAIR DEALING:
(a) GRANTEE may select vendors or subcontractors to provide services as described
in Paragraph One (1).
(b) COUNTY shall not be responsible for paying vendors and shall not be involved in
the selection of subcontractors or vendors.
(c) GRANTEE agrees to disclose any financial or other relationship between
GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related
employees, agents, officers, directors and/or shareholders.
(d) COUNTY may, in its discretion, object to the reasonableness of expenditures and
require payment if invoices have been paid under this Agreement for unreasonable expenditures.
The reasonableness of the expenditures shall be based on industry standards.
7. INDEMNIFICATION:
To the maximum extent permitted by Florida law, the GRANTEE shall indemnify and hold
hannless Collier County, its agents, officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
8. NOTICES:
All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly
served if mailed by registered or certified mail to the GRANTEE at the following address:
4
Agenda Item No. 16F8
October 10, 2006
Page 35 of 43
- .
Brian Holley, Executive Director
Naples Botanical Garden, Inc.
4820 Bayshore Drive
Naples, Florida 34112-7337
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly
served if mailed by registered or certified mail to the COUNTY to:
Jack Wert, Executive Director
Naples, Marco Island, Everglades CVB
3050 N. Horseshoe Drive, Suite 218
Naples, Florida 34104
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to
constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the
COUNTY.
10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all
matters pertaining to this Agreement and shall provide all information and documentation
requested by the COUNTY from time to time pertaining to the use of any funds provided
hereunder.
11. TERMINATION:
(a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause
by giving thirty (30) days advance written notice of such termination specifying the effective date
of termination.
(b) If the COUNTY terminates this Agreement, the COUNTY will pay the
GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with
subcontractors and vendors, up to the effective date of the termination so long as such expenses are
eligible.
5
Agenda Item No. 16F8
October 10, 2006
Page 36 of 43
12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records. All revenue related to the Agreement must be recorded, and all
expenditures must be incurred within the term of this Agreement.
13. A V AlLABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement
for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under this
Agreement, have access to, and the right to examine and photocopy any pertinent books,
documents, papers, and records of GRANTEE involving any transactions related to this
Agreement.
14. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
15. TERM: This Agreement shall become effective on October 1, 2006 and shall
remain effective for one (1) year until September 30,2007. If the project is not completed within
the term of this agreement, all unre1eased funds shall be retained by the COUNTY. Any extension
of this agreement beyond the one (1) year term in order to complete the Project must be at the
express consent of the Collier County Board of County Commissioners.
16. The GRANTEE must request any extension of this term in writing at least sixty
(60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to
this Agreement to extend the term for an additional one (1) year.
17. EV ALUA nON OF TOURISM IMP ACT: GRANTEE shall monitor and evaluate
the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a
written report to the Executive Director of Naples, Marco, Everglades CVB or his designee, along
with a final budget analysis by November 15, 2007.
18. REQUIRED NOTATION: All promotional literature and media advertising must
prominently list Collier County and the Tourist Development Council as sponsors.
6
Oct-OZ-06 04:41plI From-Collltr County Attorney
T-939 A~YMim I'SrAZ;6F8
October 10, 2006
Page 37 of 43
19_ .AMENDMENTS: This Agreement may only be amended by mutual written
agreement of the parties, after review by the Collier County Tourist Development Council if
warranted.
+7740225
IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively. by an
authorized person or agent. hereunder set their hands and seals on the date and year fIrSt above
written.
ATfEST:
DWIGlIT E. BROCK., Clerk
BOARD OF COUNTY CO:MWSSIONERS
COLLIER COUNTY, FLORIDA
By:
Frank HaJas, Chairman
Approved as to form and
legal sufficiency
@
(Printed Name)
Assistant County Attorney
WITNESSES;
GRANTEE:
(1)
NAPLES BOTANICAL GARDEN, mc.
PrintedITyped Name
(2)
BY:
PrintedITyped Name
PrintedlTyped Name
PrintedJTyped Title
7
Agenda Item No. 16F8
October 10, 2006
Page 38 of 43
EXHIBIT "A"
Collier County Tourist Development Council
Preliminary Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the followina Questions and attach it to your
application.
PRELIMINARY INFORMATION:
Is this a first time project? If not, please give details of past projects.
Do you anticipate using area hotels in support of your project?
If so, what are the estimated hotel rooms nights generated by project?
What is the estimated revenue generated by this project?
What is the estimated number of participants expected to visit the project?
If project planning is in progress, what has been done, what remains to be done, and are
there any problems?
If the project planning has not been started, why?
list any planned out-of-county advertising, marketing, and/or public relations that will be
used in support of the project.
8
Agenda Item No. 16F8
October 10, 2006
Page 39 of 43
EXIDBIT "B"
Collier County Tourist Development Council
Interim Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the followina Questions to identify the status of the
oroiect Submit this reDort at least Quarterlv.
INTERIM - These questions will identify the current status of the project. After the TDC
staff reviews this Interim Status Report, if they feel you are behind schedule on the
planning stages, they will make recommendations to help get the project stay on schedule.
Has the planning of this project started?
At what point are you at with the planning stage for this project?
(Percent of completion)
Will any hotels/motels be utilized to support this project?
If so. how many hotel room nights will be utilized?
What is the total dollar amount to date of matching contributions?
What is the status of the advertising and promotion for this project?
Have your submitted any advertisements or printed pieces to the TDC staff for approval?
Please supply a sample and indicate the ad schedule.
How has the public interest for this project been up to this point?
9
Agenda Item No. 16F8
October 10, 2006
Page 40 of 43
EXHIBIT "e"
Collier County Tourist Development Council
Final Status Report
EVENT NAME:
REPORT DATE:
ORGANIZATION:
CONTACT PERSON:
TITLE:
ADDRESS:
PHONE:
FAX:
-------------------------------------------------------------------
-------------------------------------------------------------------
On an attached sheet. answer the followina Questions for each element in vour
scope of work.
Final - These questions should be answered for your final status report.
Was this a first time project? If not, how many times has this event taken place?
What hotels/motels were utilized to support the project and how many?
What is the total revenue generated for this event?
Total expenses. (Have all vendors been paid?)
List the vendors that have been paid, if not, what invoices are still outstanding and why?
What is the number of participants that visited the project?
What is the percentage of the total participants from out of Collier County?
What problems occurred if any during the project event?
List any out-of-county- advertising, marketing, and/or public relations that was used to
support the project and attach samples.
How could the project been improved or expanded?
10
Agenda Item No. 16F8
October 10, 2006
Page 41 of43
EXHIBIT "0"
REQUEST FOR FUNDS
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
EVENT NAME
ORGANIZATION
ADDRESS
CONTACT PERSON
TELEPHONE (
REQUEST PERIOD
REQUEST#
( ) INTERIM REPORT
FROM
TO
( ) FINAL REPORT
TOTAL CONTRACT AMOUNT $
EXPENSE
BUDGET
REIMBURSEMENT REQUESTED
TOTALS
NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in
your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other
backup information to substantiate payment must accompany request for funds. The following
will not be accepted for payments: statements in place of invoices; checks or invoices not dated;
tear sheets without date, company or organizations name. A tear sheet is required for each ad for
each day or month of publication. A proof of an ad will not be accepted.
Each additional request for payment subsequent to the first request. Grantee is required to submit
verification in writing that all subcontractors and vendors have been paid for work and materials
previously performed or received prior to receipt of any further payments.
If project budget has specific categories with set dollar limits, the Grantee is required to include a
spreadsheet to show which category each invoice is being paid from and total of category before
payment can be made to Grantee. Organizations receiving funding should take into consideration
that it will take a maximum of 45 days for the County to process a check.
Furnishing false information may constitute a violation of applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on
our official accounting system and records, consistently applied and maintained and that the cost
shown have been made for the purpose of and in accordance with, the terms of the contract. The
funds requested are for reimbursement of actual cost made during this time period.
SIGNATURE
TITLE
11
Agenda Item No. 16F8
October 10, 2006
Page 42 of 43
EXHIBIT "E"
VISITOR QUESTIONNAIRE
Thank you for taking the time to complete the following questions. This information will afford us the
opportunity to better serve the needs of Collier County visitors.
NAME:
ADDRESS:
CITY
ST
ZIP
DATE OF ARRIVAL:
DATE OF DEPARTURE:
WHERE ARE YOU STAYING?
HOTEL
FRIENDS
CAMPGROUND
NAME OF HOTEL AND CITY:
NAME OF CAMPGROUND:
# OF ROOMS OCCUPIED x NUMBER OF NIGHTS YOU WILL STAY =
HOW DID YOU SELECT THE HOTEUCAMPGROUND?
INTERNET YOUR CHOICE
TRAVEL AGENT
OTHER:
NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (Please provide a number determined by the
number of people in your party times the number of days of your visit times the number of meals that will
be eaten out each day.) =
AREA ATTRACTIONS YOU PLAN TO VISIT: (Please Circle)
Caribbean Gardens, Naples/Marco Corkscrew Swamp
The Zoo in Naples Princess Sanctuary
Naples Pier
Water
sports/Parasaili ng
Everglades National
Park
Rookery Bay
Everglades Airboat
Tour
The Conservancy's
Nature Center
Teddy Bear Museum
King Richards Fun
Park
Seminole Casino
Delnore-Wiggins
State Park
Fakahatchee Strand
Preserve
Lake Trafford
Other: Please name
below
PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR lOCATION OF
AREA ATTRACTIONS.
12
EXHIBIT "F"
Naples Botanical Garden, Inc.
Project Budget
Agenda Item No. 16F8
October 10, 2006
Page 43 of 43
Funding (Not to Exceed)
Temporary and Traveling Exhibits
$62,550
Promotional Plan
$50,000
Total
$112,550
13
Agenda Item No. 16H1
October 10, 2006
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Donna Fiala
FUNCTION/EVENT: The 6th Annual Golden Key Gala: Black and White Ball
,-
PUBLIC PURPOSE: To participate in the Golden Key Gala event and network with
constituents.
DATE OF FUNCTION/EVENT: Saturday, October 21,2006
FISCAL IMPACT: $115.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to
attend function serving a valid public purpose.
PREPARED BY: Kendra Hastings, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: Tuesday, September 15,2006
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16H1
October 10, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H1
Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Attend the 6th Annual Golden Key Gala - Black & White Ball
on Saturday. October 21st. 2006, Naples, FL; $115 00 to be paid from Commissioner Fiala's
lravel budget.
10/10/2006 9;00;00 AM
Date
Prepared By
Kendra Hastings
Board of County
Commissioners
Executive Aide to the BCe
BCC Office
9/19/200611 :21:32 AM
Approved By
Date
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Bee Office
9/19/2006 1 :46 PM
App roved By
Date
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/27/2006 6:38 PM
\~if,
g'
i&
\
tuJ/~"',~", -
t ~~;Bf~2,i;'F
13>.' ....'ll!::::l ". '.~. ;,,~ .I.~"O ......',
m;J t::Il""i~ ;a:..,'
~ml! ...c:W,:
~:~:'_.':L~_~~. N
.i";..~--'
Agenda Item No, 16H1
October 10, 2006
Page 3 of 3
~ _ r - ondWHIT
[@~~~~ PM
Open Bar
fol th&OO UilIlD rill ~
Golilen Keyliala
Saturday, October 21,2006
[D)aITTI'~o PM
Seating is limited. Your early reply is appreciated.
Please reserve the following:
Patron Tickets at $115.00 each
I/weregret we cannot attend, but please
accept our contribution of S
Checks should be made payable to
NJWC or please charge my credit cord (circle one):
· AmericanExpress . Visa . MasterCard . Discover
Nome (os it appears on card)
Credit Card Number
Signature -D 0 tJ nJ If
-
h A- LA-
Exp. Date _
Nome
Address
City
Phone
State Zip
7 7 L/- 71/1
Fair market value of the evening is $70.DO
Please indicate seotillll preference
on tlie back of this card
Agenda Item No. 16H2
October 10, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Commissioner request for Board approval for payment to attend function serving a valid
public purpose.
OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a
Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to resolution No. 99-410, the Board of County Commissioners
has determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations/organizations serves a valid public purpose, provided that said functions reasonably.,
relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTION/EVENT: Attend the United Way of Collier County 2006 Campaign Recognition
Breakfast at the Hilton Naples.
PUBLIC PURPOSE: Represent the County in the recognition of those who participated in the
~~- United Way campaign.
DATE OF FUNCTION/EVENT: October 11,2006
FISCAL IMPACT: $20.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
resolution No. 99-410, approve reimbursement by the Clerk for Commissioner Frank Halas to
attend a function serving a valid public purpose.
PREPARED BY: Sandra Lea, Executive Aide to BCC
.-
Agenda Item No. 16H2
October 10, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H2
Meeting Date:
Commissioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attending the United Way of Collier County 2006
Campaign Recognition Breakfast at the Hilton Naples on October 11, 2006
10/10/2006900:00 AM
Approved By
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
BCC Office
9/25/2006 2:11 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
912712006 6: 13 PM
Agenda Item No. 16H2
October 10. 2006
Page 3 of 3
.--_._--_.~ -".-, ....... --_._._-_-..,~._- ,---."_.-
~~
Please join us for the . ~ ~~ "C~ .
~ ~iO ,........
UNITED WAY OF COLLIER COUrqv /0' /~
2006 CAMPAIGN RECOGNITION BREA~~ <)
Wednesday, october 11, 2006 ~ioQ'-6
8:00 AM Buffet Breakfast ~61.f'.;>
HILTON NAPLES
. 5111 TAMIAMI TRAil NORTH
NAPLES, Fl 34103
$20.00 per person /
No. Attending:
Name(s): ('Qrr7tY};~si~
r'O
Qleek Enclosed: $ /,(J. -
Please mall In R.S.V.P. by September 29th. Thank You]
"
\
Agenda Item No. 16H3
October 10, 2006
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTION/EVENT: The Foundation for the Developmentally Disabled Dinner Dance
and Auction
,...-...
PUBLIC PURPOSE: To support the enhancement of the quality of life for children and
adults with developmental disabilities, to increase community awareness of the unique
worth of these individuals, and to encourage all those who endeavor to help these special
people achieve their full potential
DATE OF FUNCTION/EVENT: October 28,2006
FISCAL IMPACT: $75.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner to attend
function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: October 10,2006
'-.
Agenda Item No. 16H3
October 10, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H3
Meeting Date:
Commissioner Coletta requests approval for reimbursement for attending a function serving a
valid publlc purpose. Commissioner paid in advance to attend the Foundatlon For
Developmentally Disabled. Inc.'s Dinner and Auction on October 28. 2006 and is requesting
reimbursement In the amount ofS75.00, to be paid from his travel budget
10/10/20069:00:00 AM
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the BCC
Date
BCC Office
9/2612006 3:25:02 PM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
BCC Office
9/27/2006 7:54 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
9/27/2006 6:27 PM
&t! -,,,. ,",
Agenda"lte~tJ'; 16H3
October 10, 2006
Page 3 of 3
RSVP
Tropical Treasures
Dinner Dance & Auction
Seating is limitedl
RESERVE NOW!
.!?2kg-~r
~.w-~~S?2J~
~~/~
~~kr~_iJ
Name: ..::r;~ r~t..e.,.,-I'J, rlJ#JllMloAlg /)r
Number of Tickets: CD
Name(s} of Guests:
~icaL~
.if2J~ !?2Fanee
~~
9/~~CU-
cf2S0.w-~~ aik/
.A/~, g-~
~~o/
@~2~200(}
o:oryun - CizJfaFav ~~ d~
7.'oryun -!J2)m---
. .
Address: .3~/ E. 7Am/~/ TR
&~~r;o)
@~~r;o)
J7~
If4"OO
1/,000
City/State/Zip: /V~~ Fe... ~C/// 9
, .
Phone: ("259) 777' - ~091
Email: j/mrtJ/~1Itt (P rolh e{!t,ov. /Jet
Please complete REVERS Ide
17.5
-::::--
For more information, please call
Barhara Dolfinger 591-3835
MasterCardlvisa will he accepted
for auction items purchased.
:II
it
~
Agenda Item No. 16H4
October 10, 2006
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTION/EVENT: PLAN'S Annual Shining Star Celebration on October 14, 2006
PUBLIC PURPOSE: To attend and support the award recipients for their dedication
and endeavors for the health of Collier County residents
DATE OF FUNCTION/EVENT: Physician Led Access Network of Collier County
(PLAN) Shining Star Celebration honoring the 2006 Shining Star award recipients.
FISCAL IMPACT: $50.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner to attend
function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: October 10, 2006
"..-....
Agenda Item No. 16H4
October 10, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H4
Meeting Date:
Commissioner Coletta requests approval for reimbursement for attending a function servmg a
valid public purpose, Commissioner paid in advance to attend the Physicians Led Access
Network (PLAN) of Collier County on October 14, 2006 and is requesting reimbursement in
the amount of $50.00, to be paid from his travel budget
10/10/20069:00:00 AM
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the Bee
Date
BCC Office
9/26/20063:45:18 PM
Approved By
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
BCC Office
9/27/2006 7:54 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9/27/20066:29 PM
Agenda Item No. 16H4
October 10, 2006
Page 3 of 3
Bring your Staff, Family & Friends for a Great Evening
of
Dinner, Dancing, & Karaoke Competition
Join Us in Honoring Our
2006 Shining Star Award Recipients
· Magellan Award - Anchor Health Centers
· Polaris Award - Dr. Michael McPhee, Medical Surgical Specialists
. Cosmos Award - Dr. William Lascheid, Neighborhood Health Clinic
· Galaxy Award - Mr. Richard Akin, Collier Health Services, Inc.
PLAN's Annual Shining Star Celebration
Saturday, October 14th 2006
6:30 pm -10:30 pm
81. John's Church
625 111 th Avenue North
Naples, FL 34108
$50 Per Person, $400 per table
Send enclosed response card - R.S.V.P. by October 4th
Contact 434-0008 or info@plancc.org for more information
Thanks to Our Event Sponsors:
IronStone Bank
The Lutgert Companies
..
u:.,,:<
,A
'-8
t. ..- (' i ...;..
. I :
Agenda Item No. 16H5
October 10, 2006
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTION/EVENT: United Way of Collier County 2006 Campaign Recognition
Breakfast
PUBLIC PURPOSE: To recognize those that spent their time and effort to coordinate
and raise funds for the United Way 2006 Campaign for the betterment of multiple
charitable agencies.
DATE OF FUNCTION/EVENT: October 11, 2006
FISCAL IMPACT: $20.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner to attend
function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: October 10, 2006
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16H5
October 10, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H5
Commissioner Coletta requests approval for reimbursement for attending a function serving a
valid public purpose. Commissioner paid in advance to attend the United Way of Collier
County 2006 Campaign Recognition Breakfast on October 11, 2006 and is requesting
reimbursement in the amount of $2000, to be paid from his travel budgat
10/10/2006 9:00:00 AM
Date
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the BCe
BCC Office
9/26/20063:59:23 PM
Sue Filson
Date
Approved By
Board of County
Commissioners
Executive Manager to the BCe
Bce Office
9/27/2006 7:55 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
9/27/2006 6:29 PM
Agenda Item No. 16H5
October 10, 2006
Page 3 of 3
I?t:~f:--,
'- "It
. S... .......V~
Please join us for the e;<;r(j t:p I 8~. ~D
ore t.C{,/Lif"'~
. UNITED WAY OF COLLIER COUNTYcol71 "'~ ~C-
. 2006 CAMPAIGN RECOGNITION BREAKFAg'f/~er~
wednesday, October 11, 2006
8:00 AM Buffet Breakfast
HILTON NAPLES
5111 TAMIAMI TRAIL NORTH
NAPLES, FL 34103
,
$20.00 per person
No. Attending: I
Name(s): ,J,M t!o/e;tftt . r!oMMIS90N~ 1>S
, 1.11 I
Check Enclosed: $ d-O. ~ -. C)
Pie"", mail In R.S.V.P by 5ep.embe< 29th. Thank You! .n .
Agenda Item No. 16H6
October 10, 2006
Page 1 of 4
--
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
enviromnental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTION/EVENT: 2007 Leadership Collier Class Roundtable
Discussion/Government Day Luncheon
,.-
PUBLIC PURPOSE: To share local government concerns with the future leaders of
Collier County.
DATE OFFUNCTION/EVENT: October 5, 2006
FISCAL IMPACT: $15.00 - Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to
attend function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: October 10,2006
,.-
Agenda Item No. 16H6
October 10, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16H6
Commissioner Coletta requests approval for reimbursement for attending a function serving a
valid public purpose. Commissioner paid in advance to attend the 2007 Leadership Collier
Class Round table Discussion Luncheon and IS requesting reimbursement in the amount of
$1500, to be paid from his travel budget
10/10/20069:0000 AM
Item Number:
Item Summary:
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the BCe
Date
BCC Office
9/281200612;12;25 PM
Approved By
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
BCC Office
9/28/2006 1 ;30 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9/28/20062:17 PM
.'
DrgO."(z"",, ec........ttu fay '-"'oIeYShL~ 0 ""'55 <>f ~
Leadersrtf.-p eoLlley FOlA.w;(at~M.
2330 ami.ami. TraIL Nortl1
Na-p~,Fwnda34~03
St~W/~L-.l'i -r /I~~f ~'
A91l'l~~ No.
" October 10, 20 tf\l
r -Page30fU
~
\~ E ~C~~
~\ tr: rl
",~ t".-....~....r-
:' -."}.'.(),n~
_; ,v......fU
~uo<'-.:; .;"
;. .\.";,:.' . Li..,n(f~js':':;Jl'(Brs
Commissioner Jim Coletta
3301 Tamiami Trail East
Naples, Florida 34112
Dear Commissioner Coletta:
Government Day for the Lea4erahip CoWer Class of '07 is scheduled
for Thursday, October 5, 2006, somewhat early in the Leadership
program cycle to take into account issues in the November elections.
In preparation for this day, the Organizing Committee is asking for your
participation in a new and exciting dimension of the program which
would feature a luncheon with all of the County Commissioners present.
With Sunshine Laws in mind, our format involves one Commissioner at
each table, a manageable arrangement given the forty or so members of
the Class of '07. Each Commissioner would be asked to host a Round
Table Discussion on any topic of his or her choosing, engaging the eight
to ten Leadership Collier participants and facilitators to ask questions
and to pursue dialogue on the subject selected by the Commissioner.
There would no interaction among the Commissioners as such, so no
violations of the spirit of the Sunshine Laws would be involved.
This luncheon is planned for 12:00 noon in the County Museum on the
Collier Government Campus, close to your offices. In a luncheon format,
it is our hope that our Leadership Collier Class will be able to provide
feedback as a (very) interested citizen group on the subjects chosen, and
to learn from the Commissioners about issues of special interest to them.
Please reserve this one-and-a-half hour format on your schedule for
Thursday, October 5, 2006. We would like to call a week following
receipt of this letter to ensure you will be able to participate in this event.
In the interim, thank you for your assistance in making this a new
dimension for Leadership Collier's Government Day, and accept our best
wishes for continued success in your work.
Sincerely yours,
Jorge Callejas
George Rasley
Jim VanFleet
Chris Wright
PlJ~o/~~ ~oanty ~~
Agenda Item No. 16H6
October 10, 6
Pa
3301 East Tamiami Trail- Naples, Florida 34112 - 4977
(239) 774-8097 - Fax (239) 774-3602
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
September 28, 2006
Leadership Collier
Greater Naples Chamber of Commerce
2390 Tamiami Trail North
Naples, FL 34103
RE: 2007 Leadership Collier Class Roundtable Discussion Luncheon
To Whom It May Concern:
Thank you for inviting me to participate in the Leadership Collier Government Day Roundtable
Discussion Luncheon on October 5,2006. I'm happy to be invited to be part of this day's events
and plan to attend.
I am enclosing my check personal for $15.00 made out to Leadership Collier to cover the cost of
the luncheon, due to my "no gift policy." I look forward to interacting with the Leadership
Collier Class of '07 on this next Thursday.
Sincerely,
i a, Vice Chairman
Commissioner, District 5
j imcoletta@colliergov .net
JC: nkr
Encl: Personal Check for $15.00
Agenda Item No. 16H7
October 10, 2006
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Donna Fiala
FUNCTION/EVENT: League of Women Voters Luncheon
--
PUBLIC PURPOSE: To participate in the League of Women Voters Luncheon with the
topic being "The Insurance Crisis - An Issue in the Upcoming State Elections" and
network with constituents.
DATE OF FUNCTION/EVENT: Friday, October 6th, 2006 at The Collier Athletic
Club
FISCAL IMPACT: $16 Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to
attend function serving a valid public purpose.
PREPARED BY: Kendra Hastings, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: Tuesday, October 10, 2006
-
Agenda Item No. 16H7
October 10, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H7
Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Will attend the League of Women Voters Luncheon on Friday.
October 4th at 12:00 noon at the Colher Athletic Club: 516.00 to be paid from Commissioner
Fiala'S travel budget
10/10/20069:00:00 AM
Meeting Date:
Prepared By
Kendra Hastings
Board of County
Commissioners
Executive Aide to the BCe
Dale
Bce Office
9/28/20061:19:07 PM
Approved By
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
Bce Office
9/28/2006 1 :29 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
9/28/20062:21 PM
Agenda It~ltg~J. (jl5K7
October 10, 2006
Page 3 of 3
From: League of Women Voters of Collier County [lwvcc@lwvcolliercounty.org)
Sent: Wednesday, September 20,20067:19 PM
To: Members
Subject: HOT TOPICS LUNCHEON MEETING - FRIDAY, OCTOBER 6TH
HastingsKendra
Hello!
We are pleased to announce our next Hot Topics luncheon -- our first Hot Topics "in season."
You've probably noticed that many of the candidates for state office -- from Katherine Harris
and Bill Nelson, to Charlie Crist and Jim Davis, and on down -- are talking about the insurance
crisis in our state, and the need to do something about it. Governor Bush is expected to call a
special session of the legislature in October to address the subject.
We know our homeowners insurance rates are going up and up, but why? How is government
involved? What are some of the implications? How should we think about this subject as we
prepare to vote in the November elections?
Join us for an informal discussion of liThe Insurance Crisis - An Issue in
the Upcoming State Elections. II
When:
Friday, October 6th, 12 noon - 1 :30 pm
Where: NEW LOCATION!!
The Collier Athletic Club, 710 Goodlette Rd. N. at 7th Ave. N. (The
Commons),263-2566
(We'll be in an upstairs room, but there IS an elevator!)
Cost:
$16, including lunch (cash only; exact change appreciated)
RSVP:
By Wednesday, October 4th, to Government@lwvcolliercounty.org
We look forward to seeing you then!
Sincerely,
Sandy Parker
1 st VP - League of Women Voters of Collier County
9/21/2006
Agenda Item No. 16H8
October 10, 2006
Page 1 of 6
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
A TTENO FUNCTION SERVING A VALlO PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Donna Fiala
FUNCTIONIEVENT: Collier Citizen of the Year 2006
PUBLIC PURPOSE: To participate in the Collier Citizen of the Year 2006 event and
network with constituents.
DATE OF FUNCTIONIEVENT: Friday, November lOth, 2006 at The Club at The
Strand
FISCAL IMPACT: $35 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Donna Fiala to
attend function serving a valid public purpose.
PREPARED BY: Kendra Hastings, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: Tuesday, October lOth, 2006
Agenda Item No. 16H8
October 10, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H8
Meeting Date:
Commissioner Fiala requests Board Approval for reimbursement for attending a function
serving a valid public purpose. Atlend the Collier Citizen of the Year 2006 Banquet on Friday,
November 10th, 2006, at The Club at The Strand. $35 to be paid from Commissioner Fiala's
travel budget.
10/10/2006 9:00:00 AM
Prepared By
Kendra Hastings
Board of County
Commissioners
Executive Aide to the BCe
Date
BGG Office
9/28/2006 12:53:00 PM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
BGG Office
9/28/2006 1 :29 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Managers Office
9/2812006 2:06 PM
\ t\Y ~ \.. ~ ~ ~I' ~nda Item No. 16H8
· f\.-.0Wr ~ }' '7 .I ~ )31', \jJ V V I i:''\ OctOb~~~~}~?~
\J\~\~ J;~~~p J;';:,(/~ ~.~~ ;11'
\iY Y f* ~ ~\j/r 1'J'
.. .' ..,.." '
Collier Citizen
· . of the Year 2006j
Your Attendance is requested
Friday, November 10
The Club at The strand
Cocktails 6:30 f.m.
Dinner 7 f.m.
$35 per person
RSVP 213-6077, 353-1687
or email: kltu(f@colltercitizen.com
Agenda It~~J ~H8
October 10, 2006
Page 4 of 6
HastingsKendra
From:
Tuff, Kaydee [kltuff@colliercitizen.com]
Tuesday, September 26,200612:20 PM
dolly@dbr-marketing.com; MarquetteD@aol.com; kidfrombrklyn@comcast.net;
lindamikeh@aol.com; LadiJ@Worldnet.att.net; drankin @sprintmail.com; MTeaters@aol.com;
Poteetproperties@earthlink.net; CoIPait39@aol.com; OrangetreeS974@aol.com;
DCMotor14@aol.com; nancy887@aol.com; adeprisco@swfla.rr.com; sfturns@aol.com;
ColettaJim; fiala_d; henning_t; CoyleFred; amold_m; WaltersJodi; mudd-J;
abbottli@collier.k12.f1.us; BruceDi@collier.k12.fl.us; patcarroll@earthlink.net;
kcuratolo@earthlink.net; stevied4@ ifriendly.com; d2It@colliersheriff.org; ip5Ip@msn.com;
d4It@colliersheriff.org; HQ252@colliersherjff.org; pathum13@hotmail.com; neno@naples.net;
mhudson@viprealty.com; waterpumps@msn.com; chuckmcmahon2000@aol.com;
DPeterson@ggfire.com; dpeter6055@aol.com; sbennett@swfla.rr.com;
reachtinykat@sfla.rr.com; Vclavelo05@aol.com; kiwLpaul@att.net; barkin_e;
DA VIS.MIKE@myfloridahouse.com; bakerra@collier.k12.fl.us; spanoro@collier.k12.fl.us;
bfocht@ govmserve.com
Subject: 2006 Citizen of the Year Banquet
Attachments: Citizen of Year 2006.pdt
Sent:
To:
We hope you will attend the 2006 Citizen of the Year Banquet at 6:30 p.m., Friday, Nov. 11, at the Strand Country
Club.
Please RSVP with the number of tickets you would like us to hold for you. Confirmations are important as we are
financially responsible for all dinners.
Nominees for this year's award are still being taken through Oct. 20. For a nomination form, go online to
www.Colliercitizen.com
Forms may be emailed to news@colliercitizen.com or taxed to 213.6076.
For more information on the banquet or the nomination process, call Kaydee at 213-6074 (day) or 353-1687 (eve)
9/26/2006
Agenda ItJ?#~)' ~
October 10, 2006
Page 5 of 6
HastingsKendra
From: Tuff, Kaydee [kltuff@colliercitizen.com]
Sent: Tuesday, September 26, 2006 7:47 PM
To: fiala_d
Subject: RE: 2006 Citizen of the Year Banquet
It would be great if you could pay ahead of time. You can write the check out to the Golden Gate President's
Council and mail it to me at
53 12th Street North, Naples, FL 34116
Thanks Donna!
From: fiala_d [mailto:DonnaFiala@colliergov.net]
Sent: Tuesday, September 26, 20067:44 PM
To: Tuff, Kaydee
SUbject: RE: 2006 Citizen of the Year Banquet
Hmmm, maybe I can interest him after all! Do we pay at the door or send the money in noW? Who do we make
the check out to?
From: Tuff, Kaydee [mailto:k1tuff@colliercitizen.com]
Sent: Tuesday, September 26,20067:38 PM
To: fiala_d
Subject: RE: 2006 Citizen of the Year Banquet
6:30 p.m., Strand Country Club on Immokalee Road, $35 per person, looking forward to having you there!! Paul
would like this banquet. I tell a bunch of corny jokes.
From: fiala_d [mailto:DonnaFiala@colliergov.net]
Sent: Tuesday, September 26,20067:36 PM
To: Tuff, Kaydee
SUbject: RE: 2006 Citizen of the Year Banquet
Hey Kaydee,
I have that night free! I'll put it on my calendar. Do you have a time? I think it will be just one person.
Paul doesn't like banquets and things.
Donna
From: Tuff, Kaydee [mailto:kltuff@colliercitizen.com]
Sent: Tuesday, September 26,20067:30 PM
To: Tuff, Kaydee; dolly@dbr-marketing.com; MarquetteD@aol.com; kidfrombrklyn@comcast.net;
lindamikeh@aol.com; LadiJ@Worldnet.att.net; drankin@sprintmail.com; MTeaters@aol.comi
Poteetproperties@earthlink.net; CoIPait39@aol.com; OrangetreeS974@aol.com; DCMotor14@aol.com;
nancy8B7@aol.com; adeprisco@swfla.rr.com; sfturns@aol.comi ColettaJim; fiala_d; henning_t; CoyleFred;
arnold_m; WaltersJodi; mudd-i; abbottli@collier.k12.f1.us; BruceDi@coliier.k12.f1.us; patcarroll@earthlink.net;
kcu ratolo@earthlink.net; stevied4@ifriendly.com; d2It@colliersheriff.org; ipSI p@msn.com; d4It@colliersheriff.org;
9/2712006
Agenda ItE~~J. (jl6t48
October 10, 2006
Page 6 of 6
HQ252@col1iersheriff.org; pathum 13@hotmail.com; neno@naples.net; mhudson@viprealty.com;
waterpumps@msn.com; chuckmcmahon2000@aol.com; DPeterson@ggfire.com; dpeter6055@aol.com;
sbennett@swfla.rr.com; reachtinykat@sfla.rr.com; Vclavelo05@aoJ.com; kiwi.paul@att.net; barkin_e;
DA VIS.MIKE@myfloridahouse.com; bakerra@collier.k12.f1.us; spanoro@collier.k12.fl.us; bfocht@govmserve.com
Subject: RE: 2006 Citizen of the Year Banquet
As most of you have figured out, the banquet is Friday, Nov. 10, not Nov. 11 as stated in the email.
Hope to see you there,
Kaydee Tuff
From: Tuff, Kaydee
Sent: Tuesday, September 26,2006 12:20 PM
To: 'dolly@dbr-marketing.com'; 'MarquetteD@aol.com'; 'kidfrombrklyn@comcast.net'; 'lindamikeh@aol.com';
'LadD@Worldnet.att.net'; 'drankin@sprintmail.com'; 'MTeaters@aol.com'; 'Poteetproperties@earthlink.net';
'CoIPait39@aol.com'; 'OrangetreeS974@aol.com'; 'DCMotor14@aol.com'; 'nancy887@aol.com';
'adeprisco@swfla.rr.com'; 'sfturns@aol.com'; 'JimColetta@colliergov.net'; 'DonnaFiala@colliergov.net';
Tomhenning@colliergov.net'; 'FredCoyle@colliergov . net' ; 'Michellearnold@colliergov.net';
'jodiwalters@colliergov.net'; 'JamesMudd@colliergov.net'; 'abbottli@collier.k12.fI.us'; 'BruceDi@collier.k12.f1.us';
'patcarroll@earthlink.net'; 'kcuratolo@earthlink.net'; 'stevied4@ifriendly.com'; 'd2It@colliersheriff.org';
'ip5Ip@msn.com'; 'd4It@colliersheriff.org'; 'HQ252@col1iersheriff.org'; 'pathum 13@hotmail.com';
'neno@naples.net'; 'm hudson@vipreally.com'; 'waterpumps@msn.com'; 'chuckmcmahon2000@aol.com';
'DPeterson@ggfire.com'; 'dpeter6055@aol.com'; 'sbennett@swfla.rr.com'; 'reachtinykat@sfla.rr.com';
'Vclavelo05@aol.com'; 'kiwi .paul@att.net'; 'EllenBarkin@colliergov . net' ; 'DA VIS. MIKE@myfloridahouse.com';
'bakerra@collier.k12.f1,us'; 'spanoro@col1ier.k12.f1.us'; I bfocht@govmserve.com'
Subject: 2006 Citizen of the Year Banquet
We hope you will attend the 2006 Citizen of the Year Banquet at 6:30 p.m., Friday, Nov. 11, at the Strand Country
Club.
Please RSVP with the number of tickets you would like us to hold for you. Confirmations are important as we are
financially responsible for all dinners.
Nominees for this year's award are still being taken through Oct. 20. For a nomination form, go online to
www.Colliercitizen.com
Forms may be emailed to news@colliercitizen.com or faxed to 213-6076.
For more information on the banquet or the nomination process, call Kaydee at 213-6074 (day) or 353-1687 (eve)
9/27/2006
Agenda Item No. 16H9
October 10, 2006
Page 1 of 3
-,
EXECUTIVE SUMMARY
Commissioner request for Board approval for payment to attend function serving a valid
public purpose.
OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a
Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to resolution No. 99-410, the Board of County Commissioners
has determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations/organizations serves a valid public purpose, provided that said functions reasonably
relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTION/EVENT: Florida Association of Counties Legislative Policy Committee Meeting
and Board of Directors Meeting at the Sheraton Sand Key Resort in Clearwater Beach, Florida
September 27-29,2006. Attended two (2) breakfasts, one (1) luncheon and one (1) dinner which
were provided over the course of the meetings.
-,
PUBLIC PURPOSE: Meet with other Florida county government representatives to discuss
and address mutual concerns/issues.
DATE OF FUNCTION/EVENT: September 27-29,2006
FISCAL IMPACT: $108.06 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
resolution No. 99-410, approve reimbursement by the Clerk for meals provided to Commissioner
Frank Halas while serving a valid public purpose.
PREPARED BY: Sandra Lea, Executive Aide to BCC
-
Agenda Item No. 16H9
October 10, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H9
Meeting Date:
CommiSSioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attended the Florida Association of Counties
Legislative Policy Committee Meeling at the Sheraton Sand key Resort in Clearwater Beach,
Flonda September 27 -29,2006
10/10/2006 9:00:00 AM
Approved By
Sue Filson
Board of County
Commiss.ioners
Executive Manager to the BCe
Date
Bce Office
10/2/2006 4:22 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/2/20064:47 PM
-----Original Message-----
From: Letreze Gooding
Sent: Monday, October 02, 2006 9:17 AM
To: Cindy Lopez; Connie Osborn
Cc: John Ricco; 'NancyRosiak@colliergov.net'
Subject: RE: Meals at FAC Policy Committee Meetings
Agenda Item No. 16H9
October 10, 2006
Page 3 of 3
Connie-Please send an invoice to Commissioner Coletta from Collier County for the following meals at the
Policy Conference. He has a no gift policy and since there is not a registration fee for this event, he wants
to pay for his own meals. He would like an additional/separate invoice sent for his wife's dinner on 9/28, so
that he can pay it personally. Thank you-Letreze
Breakfast 9/28= $12.60
Lunch 9/28=$35.34
Dinner 9/28=$48.45 each
Breakfast 9/29=$11.67
10/2/2006
I
''-
Agenda Item No. 16H10
October 10, 2006
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTION/EVENT: Immokalee Chamber of Commerce Silent Auction
Dinner/Dance
PUBLIC PURPOSE: To network with the leaders of Immokalee and
represent District 5
DATE OF FUNCTION/EVENT: September 30, 2006
FISCAL IMPACT: $50.00 - Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to
attend function serving a valid public purpose.
PREP ARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: October 10, 2006
-.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16H10
October 10, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H10
Commissioner Coletta requests approval for reImbursement for attending a function serving a
valid public purpose. Commissioner Coletta paid in advance to attend the Immokalee
Chamber of Commerce Silent Auction and Dinner on September 30,2006 and is requesting
reimbursement In the amount of S50.00, to be paid from his travel budget
10/10/2006 9:0000 AM
Date
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the BCe
BCC Office
10/2/2006 4:49:50 PM
Sue Filson
Date
Approved By
Board of County
Commissioners
Executive Manager to the BCe
BCC Office
101312006 8:56 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
1013/2006 9:39 AM
Agenda Item No. 16H10
October 10, 2006
Page 3 of 3
P.O. Box 5278
Immokalee, FL 34143
Phone (239) 657-3237 Fax (239) 657-5450
INVOICE
IMMOKALEE CHAMBER OF COMMERCE
"Where Worlds of Opportunity Begih"
INVOICE #[100]
DATE: OCTOBER 2, 2006
To:
Commissioner Jim Coletta
Board of County Commissioners - District 5
3301 Tamiami Trail East
Naples, FL
(239) 774-8097
P.O. NUMBER TERMS PROJECT
Due on receipt
QUANTITY DESCRIPTION RATE TOTAL
1 IeOC Silent Auction Dinner/Dance (1/2 of Ticket for two) 50.00 50.00
[ PAID 9/30/06 (by check) [
TOTAL DUE 50.00
Thank you for your continued support of the Immokalee Chamber of Commerce!
Agenda Item No. 16H11
October 10, 2006
Page 1 of 4
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
-".
FUNCTION/EVENT: Florida Association of Counties 2006-07 Legislative Policy
Committee Meetings at the Sheraton Sand Key Resort in Clearwater Beach, Florida
September 27-29,2006. Due to the absence of the Chair, as the Vice Chair of the
Growth, Environmental Planning and Agriculture Committee, I chaired the meeting, and
attended two (2) breakfasts, one (1) luncheon and one (1) dinner, which were provided
over the course of the meetings.
PUBLIC PURPOSE: As Vice Chair of the Growth, Environmental Planning &
Agriculture Committee Meeting I chaired this meeting in the absence of the Chair and
met with other Florida county government representatives to discuss and address mutual
concerns.
DATE OF FUNCTIONIEVENT: September 27th through the 29th, 2006
FISCAL IMPACT: $108.06 - Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to
attend function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: October 10,2006
.--.
Agenda Item No. 16H11
October 10, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H11
Commissioner Coletta requests Board approval for reuTlbursement regarding attendance at a
function serving a valid public purpose Attended the Florida Association of Counties
Legislative Policy Commlllee Meeting at the Sheraton Sand key Resort in Clearwater Beach,
Florida September 27 -29, 2006. As the Vice Chair of Ihe Growth, Environmental Planning &
Agriculture Committee, I chaired the meeting in the absence of the Chair.
Meeting Date:
10/10/2006 9:00:00 AM
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the Bee
Date
Bce Office
10/3/20089:51:19AM
App roved By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Date
Bce Office
10/3120089:53 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/3/200612:34 PM
-----Original Message-----
From: Letreze Gooding
Sent: Monday, October 02,20069:17 AM
To: Cindy Lopezi Connie Osborn
Cc: John RiccOi 'NancyRosiak@colliergov.net'
Subject: RE: Meals at FAC Policy Committee Meetings
Agenda Item No. 16H11
October 10, 2006
Page 3 of 4
Connie-Please send an invoice to Commissioner Coletta from Collier County for the following meals at the
Policy Conference. He has a no gift policy and since there is not a registration fee for this event, he wants
to pay for his own meals. He would like an additional/separate invoice sent for his wife's dinner on 9/28, so
that he can pay it personally. Thank you-Letreze
Breakfast 9/28= $12.60
Lunch 9/28=$35.34
Dinner 9/28=$48,45 each
Breakfast 9/29=$11.67
10/2/2006
''-
All About Florida
SUSAN UTVALA
PIU::STDEl'\T
PINELLi",';
TERESA JAC0B8
PRESll lE.'lTELECT
ORt\NCE
RANDy HATCH
h"T VICE PRf$IDE>;T
SUWA~M:E
RODNEY LoNG
2NI) VICE PRE-'ill lENT
AI-,\(:I-JlJ.~
WELTON G. CADwELL
IM},IEl )IATE P....ST PRESIDENT
I."..lJ.;..e
'- ..:5TOPJ-IERL HOlLEY
EXE< :unVE DIRECTOR
Agenda Item No. 16~H1
October 10, 20
Page 4 1 .
"..- ~~\}'r-:n
o ~.~: , "; .',_ ~....J
If .,~:.. r"",,
July 13, 2006
JtJL
';;"\/"16
~"_",,,u
~.10;J!(: l."A -~.~'r~li""'~' ';-:'-';':;lls.::~:O~'h:i~;
The Honorable Jim Coletta
Collier County Commission
3301 East Tamiami Trail
Naples, Florida 34112
Dear Commissioner Coletta:
As I begin my term as the President of the Florida Association of Counties
(FAC), I would like to thank you tor agreeing to serve as part ot my legislative
leadership team. Your leadership is critical to all of usin ensuring that our
diverse county family accomplishes great things and reaches broad
consensus on competing interests.
As Vice Chair of FAC's Growth, Environmental Planning & Agriculture Policy
Committee, you will work with the FAC Executive Committee and the general
membership to develop legislative policies for the 2007 Session. You will
also work with FAC's lobbying team during legislative committee meetings
and session on issues affecting county government.
As Vice Chair, it is important that you attend all FAC Policy
Committee/Caucus meetings. The success of our legislative program will be
an outcome of your commitment to be engaged and participate fully. Prior to
and during session you will be asked to meet with key legislators on FAC's
legislative priorities. You will also be asked to participate in the
Commissioner Grassroots Program. I am enclosing a list of my committee
appointments for chairs and vice chairs.
Policy Committee, Urban and Rural Caucus meetings have been scheduled
as follows:
September 27-29
Pinellas County
Sheraton Sand Key
November 29-December 1
Walton County
Sandestin Golf and Resort
FAC staff will provide you with additional information on specific meeting
times and dates in the future.
P.O, Box 549 . TALLAHASSEE, FL 32302. PHONE: (850) 922-4300 . SUNCOM: 292-4300. FAX: (850) 488-7501
WWW.FL-COUNTIES.COM
Agenda Item No. 1611
October 10, 2006
Page 1 of 4
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
October 10,2006
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida
Statutes, Chapter 136.06(1), the disbursements for the Board of
County Commissioners for the period:
(1) August 26, 2006 through September 1, 2006.
(2) September 2, 2006 through September 8, 2006.
(3) September 9, 2006 through September 15, 2006.
(4) September 16, 2006 through September 22, 2006.
B. Districts:
(1) Wentworth Estates Community Development District: Fiscal
Year 2007 Notice of Public Meeting Schedule; Minutes of May
12,2006; Agenda of May 12, 2006; Proposed Budget FY 2007.
(2) Cedar Hammock Community Development District: Fiscal Year
2007 Notice of Public Meeting Schedule; Minutes of June 12,
2006; Agenda of June 12, 2006; Annual Financial Report of FY
ended September 30, 2004; Minutes of February 13, 2006;
Agenda of February 13, 2006.
(3) Naples Heritaqe Community Development District: Fiscal Year
2007 Notice of Public Meeting Schedule.
(4) Immokalee Water & Sewer District: Registered Agent
Information; 2006-2007 Schedule of Regular Meetings; 2006-
2007 Budget FY ending September 30, 2007.
-.
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\101006 Misc Corresp.doc
Agenda Item No. 1611
October 10, 2006
Page 2 of 4
(5) North Naples Fire Control and Rescue District:
Operating/Impact Fee/Inspection Fee Budget 2006-2007; Basic
Financial Statements/Reports of Independent Auditor Year
Ended September 30, 2005; District Map; 2006-2007 Monthly
Meeting Schedule; NNFCRD Five Year Strategic Plan.
C. Minutes:
(1) Immokalee Master Plan & Visioninq Committee:
(a) Joint meeting with CRA Advisory Board and EZDA; Agenda
of August 16, 2006; Minutes of August 16, 2006; Agenda of
September 6, 2006.
(2) Historic & Archeoloqical Preservation Board: Agenda of
September 20. 2006; Minutes of August 16, 2006.
(3) Bayshore/Gateway Trianqle CRA: Agenda of August 1, 2006;
Minutes of August 1, 2006; Agenda of July 11, 2006; Minutes of
July 11, 2006.
(4) Bayshore Beautification MSTU Advisory Committee: Agenda of
October 4, 2006; Minutes of September 6, 2006.
(5) Collier County Planninq Commission: Agenda of September
21,2006; Notice of meeting location change for September 21
and October 19; Minutes of August 3, 2006; Minutes of August
17,2006.
(6) Collier County Contractors' Licensinq Board: Agenda of
September 20, 2006.
(7) Collier County Citizens Corps Advisory Committee: Minutes of
August 16, 2006; Agenda for August 16, 2006.
(8) Collier County Airport Authority: Agenda of September 11,
2006; Addendum to September 11 Agenda; Minutes of August
14, 2006.
H:\DA T A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\ 101006 Misc Corresp.doc
Agenda Item No. 1611
October 10, 2006
Page 3 of 4
(9) Radio Road Beautification MSTU Advisory Committee: Agenda
of September 19, 2006; Minutes of August 4, 2006.
D. Other:
(1) Letter from Florida Department of Environmental Protection to
Chairman Frank Halas regarding OGC Case 01-0552-11-DW
from Jon Iglehart, Director of District Management.
(2) Public Safety Coordinatinq Council: Minutes of June 1, 2006.
(a) Crises Intervention Team Task Force: Minutes of August 21,
2006; Minutes of July 13, 2006.
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\101006 Misc Corresp.doc
Agenda Item No. 1611
October 10, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY eOMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
1611
Miscellaneous items to file for record with action as directed
10/10/20069:00'00 AM
Prepared By
Sam Tucker
Board af County
Commissioners
Executive Aide to the Bee
Date
Bee Office
9/28/20089:19:03 AM
Approved By
Sue Filson
Board of County
Commissioners
EKccutive Manager to the BCe
Date
Bee Office
9/28/2006 9:46 AM
App roved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9/28/20067:34 PM
Agenda Item No. 16J 1
October 10, 2006
Page 1 of 2
,-'
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE
USE OF CONFISCATED TRUST FUNDS FOR CRIME PREVENTION.
OBJECTIVE: To seek appropriation from the Confiscated Trust Fund of $22,000 for crime prevention.
CONSIDERATION: The Collier County Sheriff's Office by virtue of Section 932.7055 (5) (c) 3
Florida Statutes is seeking Board authorization for the appropriation of funds for crime prevention
purposes. Florida Sheriff's and Florida School Superintendent's have adopted the American Football
Coaches/FBI National Child Identification Program. More than 800,000 children are missing each year in
the United States. Florida is joining this national program that has already reached over 16 million
children throughout the country making it the largest child safety program of its kind and the only child
identification program to gain the backing of the FBI. The plan is to provide all parents of children who
attend public and private schools in grades K-12 with an ID kit which would contain the child's
fingerprints, photograph, and a DNA sample on a swab. The parents would retain the ID kit so it could be
given to law enforcement authorities in the event the child ever went missing. The Collier County
Sheriffs Office is committed to this crime prevention program in its efforts to protect Collier County
children by providing a vital means for locating missing, kidnapped, and runaway youth. The Sheriffs
Office requests $22,000 from the Confiscated Trust Fund to support costs of National Child ID kits to
protect Collier County children in kindergarten - It" grade.
,-
FISCAL IMPACT: A budget amendment is needed to appropriate a remittance to the Florida Sheriff's
Association of $22,000 and to reduce Confiscated Trust fund.
GROWTH MANAGEMENT: No recurring costs for subsequent years.
RECOMMENDATION: That the Board of County Commissioners approves the budget amendment for
the use of funds for crime prevention.
CERTIFICATION OF CONFISCATED TRUST FUND REQUEST
This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (5) (c) 3,
Florida Statutes, crime prevention.
PREPARED BY:
APPROVED BY:
DATE:
Se tern her']
-
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF eOUNTY COMMISSIONERS
16J1
Agenda Item No. 16J1
October 10, 2006
Page 2 of 2
10/10/200690000 AM
Recommend that the Board of County Commissioners approve the use of Confiscated Trust
Funds for Crime Prevention
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
9/28/20061:10 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/28/2008 3:47 PM
Agenda Item No. 16J2
October 10, 2006
Page 1 of 2
-
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE
USE OF CONFISCATED TRUST FUNDS FOR DRUG ABUSE EDUCATION AND
PREVENTION.
OBJECTIVE: To seek appropriation from the Confiscated Trust Fund of $20,000 for drug abuse
education and prevention.
.-
CONSIDERATION: The Substance Abuse Coalition of Collier County (SACCC) by virtue of Section
932.7055 (5) (c) 3 Florida Statutes is seeking Board authorization for the appropriation of funds for drug
abuse education and prevention purposes. The SACCC has applied to the Sheriff for appropriation. The
Sheriff's Office requests Board approval to appropriate $20,000 to support the SACCC program in
Collier County. The mission of the SACCC is to strengthen our community's resolve to decrease juvenile
substance abuse in Collier County through increased education, promotion of services and support in our
community. The purposes ofSACCC are to:
a. Increase community understanding of the social issues resulting from juvenile substance abuse.
b. Advance juvenile substance abuse prevention and education.
c. Operate, collaborate and coordinate education programs with other community based groups,
government agencies and service providers committed to addressing the juvenile substance abuse
problem in Collier County.
The SACCC, through the Sheriffs Office, requests $20,000 from the Confiscated Trust Fund to be used
to support their purposes. This support will be used to assist in the educational and promotional costs to
benefit Collier County's youth and families.
FISCAL IMPACT: A budget amendment is needed to appropriate a remittance to SACCC of $20,000
and to reduce Confiscated Trust fund.
GROWTH MANAGEMENT: No recurring costs for subsequent years.
RECOMMENDATION: That the Board of County Commissioners approves the budget amendment for
the use of funds for drug abuse education and prevention.
CERTIFICATION OF CONFISCATED TRUST FUND REQUEST
This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (5) (c) 3,
Florida Statutes, drug abuse education and prevention.
PREPARED BY:
DATE:
,-
Agenda Item No. 16J2
October 10, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY eOMMISSIONERS
Item Number:
16J2
Meeting Date:
Recommend that the Board of County Commissioners approve the use of Confiscated Trust
Funds for Drug Abuse Education and Prevention.
10110120069:00:00 AM
Item Summary:
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
9/28/2006 1: 11 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
9128/2006 3:50 PM
Agenda Item No. 16K1
October 10. 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to authorize the Office of the County Attorney to initiate
foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to
to six (6) Collier County Code Enforcement liens, arising from Code Enforcement
Board Case Nos. CEB 2001-55, CEB 2001-58, CEB 2003-01, CEB 2003-02, and CEB
2004-14, all of which cases are entitled Board of County Commissioners, Collier
County, Florida vs. Claude (or Jean Claude) Martel, and one nuisance abatement lien
arising from Resolution No. 2005-63.
OBJECTIVE: That the Board of County Commissioners authorize the Office of the
County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida
Statutes, to foreclose six (6) Collier County Code Enforcement liens arising from Code
Enforcement Board Case Nos. CEB 2001-55, CEB 2001-58, CEB 2003-01, CEB 2003-
02, and CEB 2004-14, all of which cases are entitled Board of County Commissioners,
Collier County, Florida vs. Claude (or Jean Claude) Martel and one nuisance abatement
lien arising from Resolution No. 2005-63.
-
CONSIDERATIONS: Mr. Jean Claude Martel ("Martel") owns several properties in
Collier County, including six (6) residential properties on Karen Street, off of Bayshore
Drive. The addresses of the properties that are the subject of the proposed foreclosure
action are: 3155 Karen Drive, 3175 Karen Drive, and 3176 Karen Drive. Martel has
multiple outstanding Code Enforcement liens on his properties on Karen Street, and his
failure to remedy the violations associated with these liens has created unsafe and
unsightly conditions in the neighborhood. Several neighbors, including tenants living in
Mr. Martel's rental properties, have complained to the Collier County Code Enforcement
Department concerning the condition of Martel's properties.
Despite being found in violation of County ordinances on several occasions over the past
five years, Mr. Martel has taken little, if any, meaningful action to bring the properties
into compliance. The result is an eyesore: a hodgepodge of broken-down trailer homes,
all on the same street, bringing an appearance of disrepair that permeates the street and
the neighborhood.
Additional details concerning the CBB cases (and relevant resolution) III which the
subject liens were imposed include the following:
_.
Case No. 2001-55 (3176 Karen Drive): By Order dated July 10, 2001, after public
hearing, the Collier County Code Enforcement Board (CEB) rendered its Findings of
Fact, Conclusions of Law and Order of the Board ("Findings of Fact Order"), finding
Martel in violation of Collier County ordinances prohibiting accumulation and storage of
litter and abandoned derelict materials on the property, as well as for having weeds in the
rear yard in excess of thirty-six inches. The Findings of Fact Order required Martel to
remove the litter and pay operational costs, failing which a fine of $100 per day would be
imposed for each day the property remained in non-compliance. By Order Imposing
Agenda Item No. 16K1
October 10, 2006
Page 2 of 4
Fine/Lien dated August 30, 2001, a County-wide lien was imposed, consisting of
$1,726.92 (representing operational costs, plus a fine of $100 per day for 11 days), plus a
$100 per day fme which continues today (five years at $100 per day equals
approximately $182,500).
Case No. 2001-58 (3190 Karen Drive): By Order dated July 10, 2001, after public
hearing, the CEB rendered an additional Findings of Fact Order, finding Martel in
violation of County ordinances prohibiting accumulation and storage of litter and
abandoned derelict materials on the property. The Findings of Fact Order required
Martel to remove the litter and pay operational costs, failing which a fine of $1 00 per day
would be imposed for each day the property remained in non-compliance. By Order
Imposing Fine/Lien dated August 30, 2001, a lien in the amount of $1,719.12
(representing operational costs plus 11 days at $100 per day) was imposed, along with a
$100 per day fine, which continues today (as noted above, five years at $100 per day
equals approximately $182,500).
Case No. 2003-01 (3155 Karen Drive): By Order dated January 28, 2003, after public
hearing, the CEB rendered its Findings of Fact Order, finding Martel in violation of the
Collier County Litter, Weeds, and Exotics Ordinance, and the Collier County Housing
Code (as amended), for the continued existence of three derelict and partially dismantled
structures resulting from incomplete demolition efforts, leaving the structures exposed to
the elements. The Findings of Fact Order provided that Collier County would use "all
reasonable means" to bring the property into compliance, and as a result, Collier County
incurred $926.80 in operational costs. This amount was incorporated into the CEB's
Order Imposing Fine/Lien, dated May 28,2003.
Case No. 2003-02 (3155 Karen Drive): By Order dated January 28, 2003, after public
hearing, the CEB rendered its Findings of Fact Order, finding Martel in violation of the
County litter, weeds, and exotics ordinance, and the Land Development Code, for storing
(among other things) appliances; furniture, carpet, building materials, garage doors,
construction debris, and dissembled vehicle parts on his property. The Findings of Fact
Order provided that Collier County would use "all reasonable means" to bring the
property into compliance, and as a result, Collier County incurred $104.50 in operational
costs. A lien in this amount was imposed by the CEB's Order Imposing Fine/Lien in the
amount of$104.50 on May 28,2003.
Case No. CEB 2004-14 (3175 and 3176 Karen Drive): By Order dated June 4,2004, after
public hearing, the CEB rendered its Findings of Fact Order, finding Martel in violation
of the Collier County Code for failure to complete, submit, and obtain a rental
registration certificate for his rental units. Collier County incurred $305 in operational
costs in prosecuting the case. A lien in this amount was imposed by the CEB's June 29,
2004 Order Imposing Fine/Lien.
Resolution No. 2005-63 By resolution dated January 25th, the Board of County
Commissioners assessed a fine in the amount of $255, representing the County's
nuisance abatement costs (specifically, for lot mowing expenses) at Mr. Martel's property
Agenda Item No. 16K1
October 10, 2006
Page 3 of 4
located east of Airport Road, between Estey Avenue and Davis Boulevard. Upon
recording of the resolution, on February 18,2006 (O.R. Book 3737, Page 827-828), the
fine became a lien upon Mr. Martel's real and personal property in Collier County.
Title searches of the properties at issue indicate no mortgages encumbering the three
properties, which are appraised at a combined value of $164,698 by the Collier County
Property Appraiser. The 2006 property taxes are not yet due and have not been paid.
FISCAL IMP ACT: Filing and other associated fees is expected to be approximately
$360.00. The County should ultimately recover all costs in initiating and pursuing this
suit.
GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact
associated with this Executive Summary.
RECOMMENDA TION: That the Board of County Commissioners authorize the Office
of the County Attorney to initiate foreclosure proceedings in relation to Code
Enforcement Board Case Nos. CEB 2001-55, CEB 2003-01, CEB 2003-02, and CEB
2004-14, all of which cases are entitled Board of County Commissioners, Collier County,
Florida VS. Claude (or Jean Claude) Martel, and in relation to the nuisance abatement
lien arising from Resolution No. 2005-63, pursuant to Section 162.09 Florida Statutes.
PREPARED BY: JeffE. Wright, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K1
October 10, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation to authonze the Office of the County Attorney to Initiate foreclosure
proceedings pursuant to Section 16209, Florida Statules, In relation to to six (6) Collier
County Code Enforcement liens, arising from Code Enforcement Board Case Nos. CEB
2001-55, CEB 2001 -58, CEB 2003-01, CEB 2003-02. and CEB 2004-14. all afwhlch cases
are entitled Board of County Commissioners. Collier County, Flonda VB. Claude (or Jean
Ciaude) Martel
10110/20069:00:00 AM
Assistant County Attorney
Date
Prepa red By
Jeff Wright
County Attorney
County Attorney Office
9111/20065:03:38 PM
Date
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
9/12/20068:07 AM
Date
App roved By
Michelle- Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Code Enforcement
9/12/2006 1 :22 PM
Assistant County Attorney
Date
Approved By
Jeff Wright
County Attorney
County Attorney Office
9/28/20065:03 PM
Date
Approved By
David C. Weigel
County Attorney
County Attorney
County Attorney Office
9/28/2006 12:39 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Mcmagement & Budget
9/28/2006 3:43 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
9/28/20064:33 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9128/20067:04 PM
EXECUTIVE SUMMARY
Agenda Item No. 16K2
October 10, 2006
Page 1 of 9
/-
Recommendation to Approve a Stipulated Final Judgment in the Amount of $75,000.00 for
the Acquisition of Parcels 110 and 710 in the Lawsuit Styled Collier County v. NB Holdings
Corporation, et al., Case No. 06-0658-CA (Santa Barbara Boulevard Project No. 62081). Fiscal
Impact: $32,636.
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in
the amount of$75,000.00 for payment of full compensation for the taking of Parcels 110 and 710 in
the lawsuit styled Collier County v. NB Holdings Corporation, et al., Case No. 06-0658-CA (Santa
Barbara Boulevard Project No. 62081).
CONSIDERATIONS: The County acquired the subject property by entry ofan Order of Taking on
August 4, 2006 and by depositing the amount of $55,800.00 in the court registry on August 24,
2006. If the settlement is approved, the County is responsible for the following costs:
. Additional DeposiUDisbursement Amount:
. Expert Fees:
. Clerk's Service Fee:
. Statutory Attorney's Fees*:
$ 19,200
6,950
150
6.336
TOTAL:
$ 32,636
-
*Attorney's fees are mandated by S73.092, F.S., and are based on 33% of the total benefit achieved,
i.e., 0.33 x ($55,800 - $75,000).
Attached is the proposed Stipulated Final Judgment.
FISCAL IMPACT: Funds in the amount of $32,636 are available in the FY 2007 adopted budget.
Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Stipulated Final Judgment as to Parcels 110 and 710
2. Approve the expenditure of funds as stated; and
3. Direct staff to deposit the funds into the Court Registry.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
--
09/11/2006 14:43 FAX
FOWLER waITE
[aJ 002
Agenda Item No. 16K2
October 10, 2006
Page 2 of 9
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTYt FLORIDA
CIVIL A.CTION
COI..I..lER COUNTY~ FLORIDA. a political
subdivision of the State of Florida,
Petitioner.
Case No.: 06-0658-CA
v.
. Parcel Nos.: 110 & 710
NB HOLDINGS CORPORATION, et aI.,
Respondents.
I
STIPULATED FINAL .JUDGMENT
TInS CAUSE having come before the Court upon Join! Motion made by Petitioner,
COLLIER COUNTY, FLORIDA. by and through the undersigned counsel, and Respondent, NB
HOLDINGS CORPORA nON, a Delaware corporation, successor by merger to Barnett' Banks,
Inc.. a Florida corporation (hereafter L'NB HOLDINGS CORPORATION"). by and through its
undersigned couTiSel, for enlI}' of a Stipulated Final Judgment as to Parcels 110 and 710. and it
appcanng to tho Court that the parties are authorized to make such motion, the Court finding that
the compensation to be paid by Petitioner. COLLlER COUNTY, FLORIDA, i& the fun
compensation due Respondent, NB HOIDINGS CORPORATION. and the Court being otherWise
fully advised in the premises th=reof. it is thereupon,
ORDERED AND ADruDGED that Respondent, NB HOLDINGS CORPORATION, have
and recoveT from Petitioner, COLLlER COUNTY, FLORIDA. the sum of Seventy-Five Thousand
I}()]lars and No/l00 ($75,000.00) for Parcels 110 and 710 as full payment for the property interests
09/11/2006 14:43 FAX
FOWLER WHITE
~003
Agenda Item No. 16K2
October 10, 2006
Page 3 of 9
taken and fo1' damages resulting to the remainder, if less than tbe entire property was taken, bu.,o:;iness
damages, and for all other damages in connection with said parcels; it is further
ORDERED that Respondent, NB HOLDINGS CORPORATION, receive from.Petitioner,
COLLIER COUNTY, FLORIDA. as a statutory attorney's fee the sum of Six Thousand Three
Hundred Tbirty.Six Dollars and No/1oo ($6336.00), pursuant to Section 73.092, F.S.; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay to Respondent. NB
HOLDINGS CORPORATION. toe following fees incurred in the defense of this case: $1,750.00
for engineering services of Tipton Associates, Incorporated; $600.00 for contrac::tOr services of Ban-
Aire Contractors and $4)600.00 for apprd.1sal services of Calhoun Collister & Parham, Inc.~ it is
further .
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entored by the Court. Petitioner, COlLIER COUNTY) FLORIDA, shall disburse the SlJt11
of Six ThoUsand Nine Hundred FIfty Dollars and No/1M ($6950.00) to the FOWLER WHITE
BOGGS BANKER, P.A. TRUST ACCOUNT clo Fred S. Werdine, 501 East Kennedy Boulevard,
Suite 1700, Tampa, FL 33602 for expert witness fees; it is further
ORDERED that Petitioner, COUJER COUNTY, FLORIDA, has previously deposited the
amount of Fit'ty-Fil'e Thousand Eight Hundred Dollars and NoIIOO ($55,800.00) into the
registry of the Clerk of the Circuit Court toward the acquisition of Parcels 110 and 710 at which
time title to said parcel as described in Exhibit "A" vested in the name of Petitioner. it is further
ORDERED rhat within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an
additional Nineteen Thousand Two Hrindred Dollars and No/100 ($19,200.00) into the registry .
of the Clerk of the Circuit Court for the benefit of Respondent, NB HOLDINGS CORPORATION;
it is further
2
09/11/2006 14:43 FAX
FOWLER WBITE
Ia1 004
Agenda Item No. 16K2
October 10, 2006
Page 4 of 9
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COlLIER COUNTY, FLORIDA, shall disburse the total
amount of Six Thousand Three Hundred Thirty;.gix Dollars and NollOO ($6336.00) to FRED S.
WERDINE, ESQUIRE. Fowler, White, Boggs, Banker, P.A., 501 East Kennedy BoulevBId, Suite
1700, Tampa., .FL 33602 for statutory attorney's fees; it is further
ORDERED that title to Parcel 110, a Fee Simple Interest, and Parcel 710, a Tempomry
ConstIUct1.oaBasemen[, being fully described in Exhibit "A"attached hezeto and incDiporated
herein, which vested in Petitioner, COLLIER COUNTY. FLORIDA. pursuant to the Oroet of
Taking dated August 4, 2006, and the deposit of money beretofore ma.de. is approve~ ratified, and
cOllfinned; it is further
ORDERED that this CCtlut reserves jurisdiction to award attorney's fees. and costs for .
supplemental proceedings, if any; it iB fUI1:her
ORDERED that this COUlt reserves jurisdiction to enforce the terms of this Stipulated Pinal
Judgment; it is further
ORDERED that the Notice of Lie Pendens filed in this action and recorded in Official
Record Book 4027, Page 1060 er seq., of the Public Records of Collier County, Florida be
dismissed as to Parcels 110 and 710; it is further
ORDERED that this Stipulated Fmal Judgment is subject to approval by the Board of
County Commissioners; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
3
09/11/2006 14:43 FAX
FOWLER WHITE
Ial 005
Agenda Item No. 16K2
October 10, 2006
Page 5 of 9
DONE AND ORDERED in Chambers at Naples, Collier County. Florida this
day of
t 2006.
ClRCUIT COURT JUDGB
Conformed eODies:
Heidi F. Ashton, Bsquire
Fred S. Werdine, Esquire
Joshua S. M. Smith. Esquire
E. Glenn Tucker. Esquire
Embarq ffkla Sprint
Florida Power & Light Company
Florida Cablevision Management Corp.
Coast Communities C01:p-
Kevin Hendricks. Acquisition MgrITransp.
Bookkeeping
4
09/11/2006 14:44 FAX
FOWLER WHITE
141006
Agenda Item No. 16K2
October 10, 2006
Page 6 of 9
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcels 110 and 710.
Dated: 5e.{Z.~-tAM~'(/ 1\ I "Z()C) \.0 DII1cd:
/'v
@
D S. WERDINE, ESQUIRE
orlda Bar No.: 0614483
FOWLERWHlTE BOGGS BANKER, P.A.
501 East Kennedy Boulev~ Suite 1700
. Tampa, FL 33602
(813) 228-7411- Telephono
(813) 229-8313 ~ Facsimile
ATIORNEY FOR RESPONDpNT
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 966770
COI..LIER. COUNTY A TIORNEY'S OFFICE
Harmon Turner Building
3301 Bast Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
AITORNEY FOR PETITIONER.
.---
/''''-
5
09/11/2008 14:4( FAX
FOWLER WITE
14I UU"f
Agenda Item No. 16K2
October 10, 2006
Page 7 of 9
....
~ ~
5 ...~
~ !...t.1
C ~ :'tl~
~;, ~
~ ~I n
o~ iil
'r'~
, .
~-r---
~~
1lIQ
GIlp,flHIC ~
j
1m
6&RKSf/IlE LMrES UMr IJ
~CT r: PAR'Ca j(
/'CAT BaJK 2S, pJJ1E$ J-4
COIJNI1rr.lJD[" A r I1ERJC:HRt
!.AI6 SfC1/Q'I ~ 71/'ACr 11.
FlAT B(J(JK 14, PAlCS 1-&
P.OoR
PARCEL 110 I
FEE SfH1J.E '{N(JN(J
8J4 FEE.1:
~
~
~
~
~~
~iIi ~
l=l~ ~
i:i;~ ~
~<:
~t>t
fJt:lfKSHR& /.IIJIr$ arq7 P
l'!IACTT: .
PLAT etXlK 1f, pltGfS 1If-I20
M soar I~
PAGr 121
DlllPNlCEL "8"
llbICT or
lAI:E:S UNIT "
Pl." T OK /4,. PACES IIB"'- 120
Iff IIrmr ~f'f/t
~ ",2. ~ IVZ
PMr Of OUlPARCEL "C"
$' IIIU7r t.I.lDiW PU1
Ma. IJN, I'AlIO ofllJ
HI' rnurr PlD/IIIT ". J
aJlJl. w:. A\ll' ZIf/
8ERJ($ti/I!/E rX1I4IONS
PMea """
I PL4r BlJrJi( ~ PAGES ~..J2 !
LEGAL DtscRtPf1or.(
UNt
LI
L1
tJ
IWlCS. T Te
NJ. 7/1IJ' mlf OF BfRt(SHfRE tAm' tJHff il. rRACT .,.. NoT SOOK 14. I'AGC:S' I/i- 1:t0. COUJDl COIJIt7Y. A.OJIIDI.
ANll sO<<: J.IOR€ PAR11CIA.A/Ity DEsCRrtIE.TJ AS Ft7U~
COAfJJENaNt: At mE ~ CfJRNfJt OF lERKSlR /N.ES lMT Ir, m4Cr or'. PARr:Q. "..0 I.~ I/Et:DRDED ", !':AT BDOi( Z5, PACtS,1-4;
'fflCN:;f IUINC Ill( NORlH R1mff or Itilr lJNE t:F ~ RDiID SlMH BlJ'J6'2T ~ ~ FEET W tHE rvnr OF 6E1JIN1IItG:
111EHCE LfjQIJMj sw IfIt;HT aF 1IiY, I'CIRIlii1ilr I.U FEtT AUw; THE ,II(C OF A ORCWR CrhM' CDNC1W! JIOifflEMr HAl,fJO A JDIDR.IS or
fQ.(I(J Fru 1HRrJtJ1;J( ~ mt:l.E or f12'2D':H" ~ SiC 5iJIJ'f{NDto !It' A CHORD IIIHJr:H 6OR$ NORTH J8' leoq" lISt I.~ ~
l'HE1ICe: NOIml (](J2.'f'Z &Sr Z.J'9 FEU;
~ SOIl'f/i 1lS".V'U" tAST 127,46 Fm;
1HENai 5Dtf1H Dt1rJns' fAST" J.67 I'rET: .
THENCE: HOImIIIV.R!'zr ItE:5'r ln41 I'm' 7a lHE POlJ(( OF ~
CfJNTAJN/NC S3~ ~ 1'ttT. JlME M t.m
sva1ECT nJ fASlTJEN1$ AND Rf.'$7RrC7rJNS fT f/ECDRO.
EXHiBIT fI
Page~ ofJ![L
~_.-
HOr VALID uvt.ESS SIGPlED BY 1I/E SlJRW'1'a9 AN!) ___.._
!ieALtb 1lt7H 'TiE $lA'l'i€l'lJr:V 9I8aS5E11 ~ ~M'==L
CEJi'Af1c;47E OF AlJ7HORJZA riat I LB-4J ~.,... _lIar~
)01 01. -=s - Cl!r.S(,.50 Cl.6NIlII:~\lIlool<f, ar D_I""'" 3_11\ l~~\r-""" R'VISED 70~ GFR0es1
- Ko.: 6208J PIIIC:Q. .... I 110 COUJER CO/JNT'f mANSPORTATIDN.
..Ii"rl I~..'J' -... ENClNEERtNlJ t!: CONSTRUC110N IJANAGafENT DIIIlSION
..l,SwIJw.,,'PJ' 11ItQ --. 0 .
LHG~:.
"'\.. """ ,,~ ~ CDNS1R/Jt;1ION
~ RlDlfT OF WAY iAXWr;
R. 0.11: .. RIGHT OF IrA f
Poo.s. .. PQWt Of ~
P.o..::: .. P!J/NT rr Cf1J/JltNClUENT
09/11/2006 14: U FAX
FOWLER WHITE
raJ 008
Agenda Item No. 16K2
October 10, 2006
Page 8 of 9
~ ~li!
~ I~~~
c .
~;, $)
~ ~I ~
~ ei.
b r~
~r.~~(I
P/JlT BOOK ~ MCES J-<I
~-r--
~ -~ =1
~ >>18'0. a~
GRAPHIC SCAlf:
PARCEL 770
7l!NPORARY C(JNS7RUC'1IDN
EASEMENT
119 SQUARE FEET'
8E1IKSHlRE /.AktS /JIlT /I
17lf(:T r.
PIA T fKJtf( It A4crs 118>- UD
C()IJ/tlR'tSffH: AT tJt1fI(SHfRe
LNrU SEc1ION oJ; TRACr ",
plAr BOf>>r C4, PAriES E-8
TEMPORARY
UCt1ONSASEM&Kr
DURA1'JON:" :I YIWtS FROAot
OFCClMSTRUcnON)
TRAcr ,..
LAKES UNIT f/
,.... Plica "9-120
,..
... '" 1/1I.I1I' tIIStJldr, /'Sf
lWl. fIIZ N<< m
BiT/K$HIl'C r:cwtW5
PARCn "C"
PLAr /Jorl( ~ PAIiG 3t-.I2 !
PMT OF 0CI1PARC!1. "C.
1'!Imm' rMDIElfr I'l!II
Ma .... I"NIIi: 4D
~L DF;SCfJIP~ON
PARaL 710
NJ.. ~ /WtT OF'~' u.m; Iilllt I', ~cr "F",1'f.AT BOO/( ,~. .....ta '(8-12O, C01J.Df COIkm; fZ.~
AND lD/It WRC l'MR~r ~ AS" FlU~ .
C~ AT 1HESD~ CDRNtIf OF 8E1iKsHtRE tAXES l81" IC. 7RIlCT "r. P;(RCfl. ",," AS RECDRDI!D IN FIAT BOOK 2S. PACES J-f;
fr.tENtr N.0Ntl 1HE NORTH RIf>>Ir ",. IIIIY I.IIIt 17 /W11O fiDAD SOlJTH UJIJ'2i!' E"ASTfjUJ Fmi
IHf"Na" W1wr.G' SllIll /f1tJIfT' OF' lilY, HfJIfTHERLY ',U F{Ef N.0Ml >>IE .4/IC OF" Q1/CIIWf ClJlNF CQ\'Co\W 1lOIf1HiAST HAVINf1 '" RADIJS OF
4Q.Df) FED' THIllXIGH CBi11t4 ANGlE OF on~ MD /JE1NC st1B1fNtJiJJ fW A CHrJRt) rH/Q1 BiAI'S NORTH Je 10'42" W!ST 1M FEET;
DIfNC!' NOrlrH 00'lJ~ ~ 2.JI FEEt 11) 7HE POiNT OF ~ .
'fHtNC€ NDR1H otr2rY IiJ$l' 5.00 fliT:
~ StJtmf WJm- E'ASt 21'.4' ltt1i
TJf/iNCE: satml atJYJ1'Jr EM1'.!iJJ(J n:rr;
THEM:E: NOeTH UJ6'#" ~ .2lr..y; FEET 10 THE POfNT Of' 8tOiNNING.
toNTNNINfI , IJ1 SPLwit' fEET; IIQRE OR U5S.
SfJ8JWT m ~ AND K'C1'IrICt1anS OF R[C()RD. .
EXHIBIT ,f
Page-LL ofJtl.
UNE r.
8fiARfNQ
a 7.
2-
rxt
s.Dt1'
*** NQ,T.A .SURVEY *U ~I
,.....-. ~
FWEPAltED ~ fit
Mr..
2'2f}'Sf."
_~I ~:=I ~/;~ I
LBraNDi.
1\\.""'\" '\'1 ~ COOS7RUCrtrlN
~. RJCHT OF' WAY TAt<1'IC
R.O, II: '" RIGHT OF Jll4Y
".a.B. . POINl' OF fJEQJNMNG
P.dC . fIOINT ($ ~T
r .~ It IIAPFf.R
rtai4M RE'C1STllA r.s. /5Sl1
NOT VALID /H..!SS S1GtS' SY THe S!W~ AND
S&4lm mH THE .'iZI/M11:lR:S .A'9OSSEZl Sf AI.
CERI1F1CII1E (}/:' AU"HtISZA l10N , LS-iJ
Jol II. ~005 . llt;IIlUl ~
_NO.
---,.-
~l;..~.....=1t'
_~IlII_wr_
lJIlI-=riDtlon.\sdb",IU~ o7Ill . 1Q-05-0IJ IiPfll/lll51 .
rtI:L f '110 QlQl1l,. COWER.COLWTY TRANSPORTAl1CW.
ImlAA._..'''' . --..- ERGJNE:ER/NCl cfr C:OI'IS'mUC'T1ON J.lANA.GalENr DIVIS/ON
.."lIIll.'"",. -..u;. SJ(ETr'.H .4"," ~I..........r
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K2
October 10, 2006
Page 9 of9
COLLIER COUNTY
BOARD OF eOUNTY eOMMISSIONERS
16K2
Recommendation to Approve a Stipulated Final Judgment in the Amount of S75,000.00 for
the Acquisition of oarcels 110 and 710 In the Lawsuit Styled Collier County v. NB Holdings
Corporation, et al.. Case No. 06-0658-CA (Santa Barbara Boulevard PrOject No 62081)
Fiscal Impact $32,636
10/10/20069:0000 AM
Date
Prepared By
Heidi F. Ashton
County Attorney
Assistant County Attorney
County Attorney Office
9/13/2005 1 :00:38 PM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
9/13/2006 3 :49 PM
Date
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
TEeM-ROW
9/22/2006 11 :43 AM
Date
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Transportation Administration
9126/200610:13 AM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
9/28/2005 3:28 PM
Date
Approved By
Najeh Ahmad
Transportation Services
Director
Transportation Engineering &
Construction Management
9/27/20062:43 PM
Date
Approved By
David C, Weigel
County Attorney
County Attorney
County Attorney Office
9/28/200612:40 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9128/2005 3:44 PM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
9/29/20063:12 PM
Michael Smykowski
Date
Approved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
9129/20084:34 PM
App roved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
9/29/20066:20 PM
Agenda Item No. 16K3
October 10, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection
with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et al., Case No.
05-1033-CA (CR 951, Project No. 65061) Fiscal Impact: $15,300.00.
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for Payment
of Expert Fees in Connection with Parcel 140 in the lawsuit styled Collier County v. Rosa A.
Hernandez, et al. (CR 951, Project No. 65061).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of
Taking on September 7,2005 and by depositing the sum of$183,300.00 into the registry of the
Court on September 15, 2005. The County and Respondents have negotiated and settled by
Stipulated Final Judgment in the amount of $871,600.00 which was approved by the Board on
July 25, 2006.
The County is required to pay reasonable expert fees incurred by Respondents in the defense of
this matter.
. Appraisal Fees:
. Contractor Fees
$14,500.00
$ 800.00
TOTAL
$15,300.00
Attached is the proposed Agreed Order providing for the above stated fees. The County and
Respondents are currently negotiating the expert fees for Respondents' planner, architect,
business damage expert and engineer.
FISCAL IMPACT: Funds in the amount of $15,300.00 are available in the FY 2007 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order as to Parcel 140; and
2. Approve the expenditure of funds as stated.
-
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Agenda Item No. 16K3
October 10, 2006
Page 2 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 05-1033-CA
Petitioner,
Parcel No.: 140
vs.
ROSA A. HERNANDEZ, et aI.,
Respondents.
I
"GREED ORDER AWARDING EXPERT FEES AND COSTS
TInS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
ROSA A. HERNANDEZ, JORGE L. HERNANDEZ and RUFINO A. HERNANDEZ, and
GOLDEN GATE NURSERY AND SOD, INC., by and through their undersigned counsel, for entry
of an Agreed Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that
1. Respondents, ROSA A. HERNANDEZ, JORGE L. HERNANDEZ and RUFINO A.
HERNANDEZ, and GOLDEN GATE NURSERY AND SOD, INC., shall receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Fourteen Thousand Five Hundred Dollars and
NollOO ($14,500.00) for appraisal fees incurred in connection with Parcel 140.
2. Respondents, ROSA A. HERNANDEZ, JORGE L. HERNANDEZ and RUFINO A.
HERNANDEZ, and GOLDEN GATE NURSERY AND SOD, INC., shall receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Eight Hundred Dollars and NollOO ($800.00) for
contractor fees incurred in connection with Parce1140.
Agenda Item No. 16K3
October 10, 2006
Page 3 of 5
3. Petitioner, COll.IER COUNTY. FLORIDA, shall within thirty (30) days from the
date of this Order, pay the total sum of Fifteen Thousand Three Hundred Dollars and NollOO
($15,300.00) to the FORMAN, HANRATTY & MONTGOMERY TRUST ACCOUNT c/o Charles
R. Forman, Esquire, 1323 SE 3rd A venue. Fort Lauderdale FL 33316 for appraisal fees and
contractor fees for Respondents.
4 The Court retains jurisdiction to award additional expert fees in this matter.
DONE AND ORDERED this _ day of
County, Florida.
, 2006 in Naples, Collier
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton. Esquire
Craig B. Willis, Esquire
Charles R. Forman, Esquire
Michael Volpe, Esquire
E. Glenn Tucker. Esquire
Kevin Hendricks, Acquisition Mgrrrransp.
Bookkeeping
.JOINT MOTION
The Parties. by and through their undersigned attorneys, hereby move for entry of the foregoing
Agreed Order as to Parcel 140.
Dated:
Dated:
~
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 966770
OFFICE OF THE COUNTY AITORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774.8400 - Telephone
(239) 774-0225 - Facsimile
CHARLES R. FORMAN, ESQUIRE
Florida Bar No.: 229263
FORMAN HANRA TrY & MONTGOMERY
1323 SE 3rd A venue
Fort Lauderdale, FL 33316
(954) 522-9441 - Telephone
(954) 522-2076 - Facsimile
Agenda Item No. 16K3
October 10, 2006
Page 4 of 5
AND
AND
MICHAEL JOSEPH VOLPEt ESQUIRE
Florida Bar No.:265705
ROBINS KAPLAN MILLER & CIRESI, LLP
711 Fifth Avenue South, Suite 201
Naples, FL 34102-6628
(239) 430-7070 - Telephone
(239) 213-1970 - Facsimile
ATTORNEYS FOR RESPONDENTS
CRAIG B. WILLISt ESQUIRE
Florida Bar No.: 257656
FIXEL, MAGUIRE & WILLIS
211 South Gadsden Street
Tallahassee, Florida 32301
(850) 681-1800 - Telephone
(850) 681-9017 - Facsimile
ATTORNEYS FORPETITONER
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K3
October 10, 2006
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY eOMMISSIONERS
16K3
RecommendatIon to Approve an Agreed Order for Payment of Expert Fees in Connection
with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et aI., Case No.
05-1033-CA (CR 951. Project No 65061) Fiscal Impact 515.30000
10/10/2006900:00 AM
Date
Prepared By
Heidi F. Ashton
County Attorney
Assistant County Attorney
County Attorney Office
9120120063:26:12 PM
Date
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
TEeM-ROW
9/221200610:37 AM
Date
Approved By
Norm E. Feder, Alep
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
9/26/2006 9:56 AM
Date
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Transportation Administration
9126/200610:14 AM
Date
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Services Admin
912612006 3: 18 PM
Date
Approved By
Najeh Ahmad
1ransportation Services
Director
Transportation Engineering &
Construction Management
9127/2006 2:43 PM
Q,:P!io C. Weigel
Date
Approved By
County Attorney
County Attorney
County Attorney Office
9128/200812:40 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
9/28120063:44 PM
Susan Usher
Date
Approved By
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
9/29120063:19 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
9/29/20065:03 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/29/20066:30 PM
Executive Summary
Agenda Item No. 16K4
October 10, 2006
Page 1 of 12
Recommendation that the Board of County Commissioners Approve a Settlement Agreement
and a Stipulated Final Judgment in the Amount of $284,400 for the Acquisition of Parcels 146
and 746 in the Lawsuit Styled Collier County v. April Circle, Ltd., et af., Case No. 04-3679-CA,
Immokalee Road Project #66042. (Fiscal Impact: $116,078.50)
OBJECTIVE: That the Board of County Commissioners approve a Settlement Agreement and a
Stipulated Final Judgment in the amount of $284,400 as full and final compensation to be paid for
the acquisition of Parcels 146 and 746 in the lawsuit styled Collier County v. April Circle, Ltd., et
ai., Case No. 04-3679-CA, Immoka1ee Road Project #66042.
CONSIDERATIONS: The County acquired the subject property by entry of a Stipulated Order of
Taking on December 17, 2004 and by depositing the sum of $193,700.00 into the Court Registry.
The County and Respondent have negotiated a settlement of $284,400 for full compensation.
If the settlement is approved, the County agrees to cooperate in good faith with Respondent in the
application for any and all approvals for the new wall entry feature that is to be constructed along
Immokalee Road and agrees that the taking of Parcels 146 and 746 shall not affect the property's
existing PUD zoning classification.
r"-'
If the settlement is approved, the County is responsible for the following costs:
. Additional Deposit/Disbursement Amount:
. Expert Fees:
. . Statutory Attorney's Fees*:
· Clerk's Service Fee:
TOTAL:
$ 90,700.00
to be determined
$ 25,228.50
$ 150.00
$116,078.50
*Attorney's fees are mandated by 973.092, F.S., and are based on 33% of the total benefit achieved,
i.e., 0.33 x ($284,400 - $207,950).
Attached is the Settlement Agreement.
FISCAL IMPACT: Funds in the amount of $116,078.50 are available in the FY 2007 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDA TION: That the Board of County Commissioners:
_.
1 Approve the Settlement Agreement;
2. Approve the Stipulated Final Judgment attached to the Settlement Agreement;
3. Approve the expenditure of funds as stated; and
4. Direct staff to deposit the funds into the Court Registry.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K4
October 10. 2006
Page:2 of 12
COLLIER COUNTY
BOARD OF eOUNTY COMMISSIONERS
16K4
Recommendation that the Board of County Commissioners Approve a Settlement Agreement
and a Stipulated Final Judgment in the Amount of $284,400 for the Acquisition of Parcels 146
and 746 in the Lawsuit Styied Collier County v April Circle, Ltd.. et ai, Case No 04-3679-
CA., tmmokalee Road Project #66042, (Fiscal Impact $116.078,50)
10/10/2006 9:0000 AM
Assistant County Attorney
Date
Prepared By
Heidi F. Ashton
County Attorney
County Attorney Office
9/261200610:37:50 AM
Norm E. Feder. Alep
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
9/26/20062:21 PM
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
Date
TEeM-ROW
9127/2006 1: 33 PM
Director
Date
Approved By
Najeh Ahmad
Transportation Services
Transportation Engineering &
Construction Management
9/27/20062:44 PM
Lisa Taylor
Management/Budget Analyst
Date
Approved By
Transportation Services
Transportation Administration
9127/20064:16 PM
Approved By
Sharon Newman
Trans-portation Services
Accounting Supervisor
Date
Transportation Services Admin
9/27/2008 5: 08 PM
Date
Approved By
David C. Weigel
County Attorney
County Attorney
County Attorney Office
9/281200612:41 PM
Date
Approved By
OM B Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9128/2006 3:45 PM
Susan Usher
Date
Approved By
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
9/29120063:28 PM
Michael Smykowski
Date
Approved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
9/29/2006 5:05 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/21200811 :39 AM
Agenda Item No. 16K4
October 10, 2006
Page 3 of 12
STIPULATED SETTLEMENT AGREEMENT
The parties, Petitioner, COLLIER COUNTY, FLORIDA ("County"),
and the Defendant, APRIL CIRCLE, LTD. ("April Circle"), hereby
enter into this settlement agreement in settlement of this action
and jointly move the court for the entry an order abating this
action.
1. S~bject to the terms of the settlement and the order of
abatement, the parties agree that the County shall pay April Circle
the sum of $284,400.00, exclusive of attorney's fees and costs, in
full payment for the taking of parcels 146 and 746, and for all
damages of any nature, including interest, subject to the terms and
conditions set forth in this settlement agreement.
2. April Circle is desirous of settling this case and
constructing a .new wall entry feature along Imrnokalee Road.
Ge~erally, the wall will be approximately three hundred thirty feet
(330') in length commencing at the corner of Immokalee and
Li vingston Road and proceeding in an easterly direction with a
portion extending in a southerly direction.
It will be
approximately ten feet (10 I) in height, painted, and with a
monument sign at the corner of the wall and at the main entry to
the remainder of parcels 146 and 746. April Circle also intends to
plant sodding, trees, shrubbery and irrigation along both sides of
the wall.
The monument sign shall be constructed in accordance
with Section 5.06:00 of the Collier County Land Development Code.
, .
Agenda Item No. 16K4
October 10, 2006
Page 4 of 12
3. The County acknowledges that April Circle will need
County approval for the erection of this wall, including, but not
limited to, issuance of permits and variances.
4. The County agrees to fully cooperate in good faith in the
application for any and all approvals, and the County agrees that
the taking of parcels 146 and 746 does not and shail not affect the
property's existing PUD zoning classification.
5. The parties agree to abate this action pending April
Circle's receipt of the appr9vals and permits referred to in
paragraph 3 above, and agree to the entry of a stipulated final
judgment in substantial form as that attached hereto and
incorporated herein by reference as exhibit "A".
6. April Circle acknowledges that the Collier County Land
Development Code allows a six foot wall and an administrative
variance will be required pursuant to Section 5.03.02.A.8 fo the
Code.
Dated:
Dated:
@
. . JAY W. SMALL
Florida Bar No.: 562890
WILSON, GARBER & SMALL, P.A.
437 N. Magnolia Ave.
Orlando, FL 32801-1524
(407) 843-4321 - Telephone
(407) 423-1505- Facsimile
ATTORNEY FOR RESPONDENT
HEIDI F. ASHTON, ESQ.
Florida Bar No.: 966770
COLLIER COUNTY ATTORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
Agenda Item No. 16K4
October 10, 2006
Page 5 of 12
. .'~
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
EXHIBIT
j
:8
8
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
Case No.: 04-3679-CA
vs.
Parcel Nos.: 146 & 746
.A.PRll.- CIRCLE, LTD., et al.,
Respondents.
/
STIPULATED FINAL JUDGMENT
TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COlLlER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
APRIL CIRCLE, LTD., by and through its undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcels 146 and 746, and it appearing to the Court that the parties are authorized to
make such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER
COUNTY, FLORIDA, is the full compensation due Respondent, APRIL CIRCLE LID., and the
Court being otherwise fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent, APRIL CIRCLE, LTD., have and recover
from Petitioner, COLLIER COUNTY, FLORIDA,' the sum of Two Hundred Eighty-Four
Thousand Four Hundred Dollars and No/lOO ($284,400.00) for Parcels 146 and 746 as full
payment for the property int~rests taken and for damages resulting to the remainder, if less than the
entire property was taken, business damages, and for all other damages in connection with said
parcels; it is further
ORDERED that Respondent, APRil... CIRClE, LTD., receive from Petitioner, COLLIER
COUNTY, FLORIDA, as a statutory attorney's fee the sum of Twenty-Five Thousand Two
1
. . Agenda Item No. 16K4
October 10. 2006
Page 6 of 12
Hundred Twenty-Eight Dollars and 50/100 ($25,228.50), pursuant to Section 73.092,F.S.; it is
further
ORDERED that Respondent, APRlL CIRCLE, LTD., waives any claim for attorney's fees
based on non-monetary benefits; it is further
ORDERED that the Court reserves jurisdiction to award expert witness fees and costs
incurred in the defense of this case pursuant to Section 73.091, F.s.; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the
amount of One Hundred. Ninety~ Three Thousand Seven Hundred Dollars and No/lOO
($193,700.00) into the registry of the Clerk of the Circuit Court toward the acquisition of Parcels
146 and 746 at which time title to said parcels as described in Exhibit "AI! vested in the name of
Petitioner; it is further
. ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an
additional Ninety Thousand Seven Hundred Dollars and No/100 ($90,700.00) into the registry of
the Clerk of the Circuit Court for the benefit of Responderit, APRIL CIRCLE, LTD.; it is further
ORDERED that disbursement of the sums on deposit in the Court Registry shall be by
further order of this Court; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total
amount of Twenty-Five Thousand Two Hundred Twenty-Eight Dollars and 50/100
($25,228.50) to JAY W. SMALL. ESQUIRE, Wilson, Garber & Small. P.A., 437 North Magnolia
Avenue, Orlando, FL 32801 for statutory attorney's fees; it is further
ORDERED that title to Parcel 146, a Fee Simple Interest, and Parcel 746, a Temporary
Driveway Restoration Easement, being fully described in Exhibit "AU attached hereto and
incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the
2
Agenda Item No. 16K4
October 10, 2006
Page 7 of 12
Stipulated Order of Taking dated December 17, 2004, and the deposit of money heretofore made, is
approved, ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to award attorney's fees and costs for
supplemental proceedings, if any; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Pinal
Judgment; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 3613, Page 1127 et seq., of the Public Records of Collier County, Florida be .
dismissed as to Parcels 146 and 746; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier 'County, F1orida; it is therefore
DONE AND ORDERED In Chambers at Naples, Collier County, Florida this _ day of
,2006.
CIRCUIT COURT JUDGE
Conformed Copies:
Heidi F. Ashton, Esquire
Jay W. Small, Esquire
Thomas C. Palmer, Asst. County Attorney
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition MgrfTransp.
Sprint, Incorporated
Florida Housing Finance Agency
Florida Cablevision Management Corp.
Federal Home Loan Mortgage Corp.
Bookkeeping
3
Agenda Item No. 16K4
October 10, 2006
Page 8 of 12
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcels 146 and 746..
Dated:
Dated:
~.
JAY W. SMALL, ESQUIRE
Florida Bar No.: 0562890
WILSON GARBER & SMALL, P.A.
437 North Magnolia A venue
Orlando, FL 32801
(407) 843-4321 - Telephone
(407) 423-1505 - Facsimile
ATTORNEY FOR RESPONDENT
HEIDI F. ASHTON, ESQLrnRE
Florida Bar No.: 0966770
COllIER COUNTY ATTORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETmONER
4
(
(~
MM'
HOLE MONTES
~ 'PWftllS.svmMlS
950 Enure Way. N!jltct, Fla;{~il3<\10' Pl1011l: 23ll.26.4.2COO' Fax:230.2&I,209Q
EXHIBIT ~
Page.135.....o1 14 'I
100'
HMPRO.mcr 112000067
7fl6n.
REF, DWG. #B-3722.1
PARCEL NO. 146
FEE SIMPLE
INTEREST
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATE.D IN THE NORnrwEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH.
RANGE 26 EAST. COllIER COUNTy, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOl.LOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 4R SOUTH, RANGE 26 EAST,
COL1..IER. COUNTY. FLORIDA; THENCE RUN S.02D06'SS"B., ALONG THE WEST UNE OF THE NORTHWEST
QUARTER OF SAID SECTION 30. FOR A DISTANCE OF 150.10 FEBTTO A POINT lSD.DDFEET SOUTHERLY
OF. AS MEASURED AT RIGHT ANGLES TO. THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SBCITON 30, THE SAME BEING A POINT ON tim SOUTHERLY RIQHT-OF- WAY LINE OF IMMOKALEE ROAD
AND TEE POINT OF BEGINNING OF THE PARCEL OF LA..""ID HEREIN DESCRIBED; THENCE RUN
5.&9"58 '36"E., PARALLEL WITH THE NORTH LINE OF TIlE NORT:o{WEST QUARTER OF SAID SECTION :>0
AND ALONG TIm SOUTHERI... Y RIGHT .OF-W A Y LINE OF r.M.MOKALEE ROAD, POR A DIST ANCB OF 330,00
FEET TO A POINT ON TRE EAST LINE OF THE 'WEST HALF OF TEE WEST F.ALF OF THE NORTHWEST
QUARTER OF TEE NORT.dWEST QUARTER OF SAID SECTION 30; THENCE RUN S.0l"06'46"B., ALONG TIrE
EAST LINE OFTRE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OFTHE NORTHWP...sT
QUARTER 01' SAID SECTION 3D, FOR A DlST ANCE OF 18,01 FEET; THENCE RUN N.89058'36"W. FOR A .
DISTANCE OF 330.0D FEET TO A POINT ON THE WEST UNE OF THE NORTHVv'EST QUARTER OF SAID
SECTION 3Q: THENCE Rli'NN.02"Q6'SS"W., ALONG THE WEST UNE OFTHE NORTHWEST QUARTER OF
SAID SECTION JO. FOR A DISTANCE OF 18.01 FEET 'TO THE POIl'Y"'T OF BEOINN1NG: CONT AINL"10 .5939.9
SQUARE FEET, MORE OR LESS,
THIS PROP:BRTY IS SUBJECT TO EASEMENTS, RESERV A nONS OR RESTRICTlONS OP RECORD.
BEARINGS REFER TO THE "lVESTLINE OP THE NOR'I'HWEST QUARTER OF SECTION 3D, TOWNSHlP 48
SOUTH. RANGE 2.6 EAST. COllIER COUNTY, FLORIDA. AS BElNG S.02006'SB"E.
HOLE MONTES, me. .
CERTIFICATZqN OF AUTHORIZATION LB #1772
BY ~. ti:.~,/
. THOMAS M. JVrnY'
P.S.M. #5628
STATE OF FLORIDA '.
~'1UG..\U)!:3um"lAOe
FOLlO NO. ("("..\C(l'1(-C ('C5'S'''
N:lIInI",. ..>=~ Al.....~ .'1_......_. ~--,.
AgendaJtem No. 16K4
October 10, 2006
.- Page 9 of 12
,~
vc.oN
~.-.
,.... ~
o
o
Z~~
E(].JOJ
2.g&
-;;;1:5
1:)0
c:
(].J
OJ
<(
.~.
I . .
/JOJCJ:;CLbIUr"ON 0110.:1
!
I
w
u. .
2:..-....
<qq
hCOCO
tn~~
15
w;;:
~~'c.o'i:o
m i= ."';-.,!lJ
<UlJ!>(O
f-:WPP
WCl::NN
zooa
::J (l)z
~::;::l
::J
D
VI
~ ~ i
u
(f) E~
{) ~
!Q is .q
~, [}
~ .a
0:: rl
0
C
'"
~~
o
...
~i
[~
V
I
g:,
:.1 ~
-"'I ~$)
IB z
l~~
I
I _
~~
",1
0'"
u'"
I
o~:
o~~
!Lz",
Z'~
GO L
.....
tr.2
r:::l
~
;S::.
I
o
I
~
Q
<J:l
o
~
~
~
o
~
~
l--l
s 02'08'56" E
I In I
'"
I. I
en I
f ....
111
f If I
I ri
I 01
~ I
I b
I ii I
r ~
I ~
"
I OJ
I ;t
~ I
I
I L1
L____
,0'OIH
0] hI )if
"13 ;}~Yd /
15Q.10'
~ Jo"<7ITllB~cf
~ .L181HX3 _
-:>
:.:...
~~
. ~~
~I
of'
......
;~.,
--""';j:
S;:J,
..:0:..,
g::(~
..,~~
.../ ----'-
L--
'b
0 b
ci 0
"., d
"., t")
I') cd""
w ,o'gl:
. ~ UN
lO c:t::}
I") . -<(0
io to
n
10 -ro o...M
en
to !O
Cl
[f] ro
:2::
m
o
a..
.. .LS3~3.lNI
31dVVIS 33.:1
)
.../
'"
'1
51
~g
-:>:;
"'0
~Ei
. i.: el
J.o
i5
~~
n ~~
z ~~
W :::!"
ow
o UlD
W....L..
-l 00
b-b-
2:2:
~~
>-z
Zo
<-
n.J-
:::in..
0-
uO:::
ug
-<w
Cl
o
J---l
-<
It.!)
~~
W
~<(
VI
"
~ i;i,~li
~ ~I 15m. i
~ i15l!j~~
.
b~ g 'C ~
~~~.!-;
O1I'l I II tl
~-.J~t;Z
gii:N:rc
w ---~:8
0::11 l:I
IIlli<'l".e
OJ '='.........:g D
:Zii~=s
a -<
.J:
Q.
I~~
gi
~.
21
01:: '" a
:>:0 ~ ~
t; g on -,
~ ~ )!!
IE r3 ~
o~
~n.
/"
~.
C- ~~
Agenda Item No._ 16K4
October lCJ,c"2006
--Page 1 j' of 12
EXHIBIT A
Page J.3..1.. of..E,L
HM
HOLE MONTES
EliGflffR) .1't>>BI$ . SIIM"'/OSS
950 8>coro Way' Nlpl..., FJorflle 3-l11D 'PIxlne:;Zl9.154.21lOO ' Fse 239.2S4.2075
100
f~
TEMPORARY DRNEWAY
RESTORATION EASEMENT
.{DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUC1l0N)
HM PROJECT #2000067
12104/03
REf. DWG. IIB-3726-'2
PARCEL NO. 746
LEGAL DESCRIPTION
A PARCEL OFLAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 3D, TOWNSHIP 48 SOlJTH,
RANGE 26 EAST, COLLIER COUNTy, FLORIDA, EEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 3D, TOWNSHIP 48 SOUT.d. RANGE 26 EAST,
COLLIER COUNTY. FLORIDA.; THENCE RUN S.890SS'36'.'E., ALONG TEE NORTH LINE OF THE NORTHWEST
QUARTER.OF SAID SEcrION30, FOR A DISTANCE OF330.01 F1!ETTO TBENORTIffiAST CORNER QFTHE
WEST HALF OP THE WESTIIALF OF THE NORTRV\'EST QU.o\RTER OF THE NOR1'1IWHST QUARTER OF SAID
SECTION 30; TIiENCE RUN S.02006'-W'B., ALONG THE EAST UNE OF THE WEST HALF OF TIm WEST HAlF
OF THE NORTHWEST QUARTER OF THE NORTHWESr QUARTER. OF SAID SECTION 30, FOR A DIS,. ANCE
OF 168.12 FEET TO THE POINT OF BEGINNmq OF THE l' ARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE S.02006'46"E_, ALONG TEE EAST LINE OFTImWESTHALP OF'T'IiB WEST HALF OF THE
NOR'TH'V.'EST QUARTER OF TEE NORTHWEST QUARTER OF SAID SECTION 30, FORA DISTANCE OF 1451
FEET: THENCE RUN N.89058'36"W. FOR A DISTA-~CE OF 57.17 FEET; THENCE RUN N.OO.Ol'Z4"c. FOR A
DISTANCE Of 9.50.FEET: TIfENq; RUN N.89058 '35"W., FOR A DIST ANeE OF 273,18 FEET TO A POil'IT ON
THE WEST LINE OF THE NQJt1'H';r,'ESTQUARTER OF SAID SECTION 30; THENCE RUN N.02"06'5S"W"
ALONGTHEwa...sr LIt'iB OF THE NORTHWEST QUARTER OFSAID SECTION 30 FOR A DISTANCE OF 5.00
FEET: TImNCE RUN S.W5S'36"E., FOR A DISTANCE OF 330.00 FEET TO T:HE POIl'.-,. OF :BEGINNING;
CONTAINmG 2,191.4 SQUARE FEIIT, MORE OR LESS.
TRIS PROPERTY IS SUBJECT TO EASBME-,'TS, RESERVATIONS OR RESTRlCTIONS OF RECORD.
BEARINGS REFER TO THE NORTH LINE OF TIm NORTH\VEST QUARTER OF SECTION 30, TOWNSHIP 48
. soum, RANGE 26 EAST, COlLIER COUNTY, FLORIDA. AS BEING S.B9058':l6"E.
HOLEMONTES,lNC.
CERT1FICA TION OF AUTHORIZA nON LB #1772
'.. ", ,,:,:,\~"'~""~"''''\Jhr
BY ~ei,~)v ~i~";hORlDA
,,:\!h;tr;,il,::).
~ . -"'r~ ;I"4~1 .' ,;t
. f., ..._<".~.~".,.:~~:,i;1-~".'.}'
~.f 'r ".
~1.LIe:smn.'-.drxs
FOUO NO.COAlCf??Crg
Na:cl.aS ~ Fnr7 U'/,Q,..e.. ".........~
-.::r-c.oN
....~~
o
OO~
Z~
"-OJ
l=OJO)
-..a C1l
200...
-;;"0
-00
c
OJ
0)
<C
A(XX)7! bl GIF"ON 0110::1
I
I
w
u. .
z~r--.b-o
<(Lq,,":lOO
1-"<1'1'--"
Vl ~ U) cn lC)
o
w3=w:s:
w Z II 11 z. I:
-10 <J:>(!).q-m
CD 1= ."<1' t) .N .:n
;'5U<DCO~<J:>
~wp!OPp
WQ:NcnO("\/
zooroOo
::J U}ZZz
w
~:::i~:3~
-..J
"
II>
.fil
~ '" ..I
U <'I ..
UJ eg
u 0
.fI1 J
is .Q
~ 0
~.a
p:: ....
CJ
~
$
~
~~
r~t
\i1_~
~
~
""
S 02"06'46" E
(JJ
rz:l
\--l
3i 3
~~ ...--
ti ~
h J
",. 0
I
~
5 .
d
~ <0
'f
~..
w ~6
. ~M
\D 'is
1'1 !~
1:0
10
Ql
go
III
,O'Ogl
~
o
c:r::
~.
o
I~ ~
81
-<gli
0.. l<: g;J
z~
~.
00 l.~
~)
I 10 I
I L'l I
I
I Ol
....
I ll"l
I 01 I
Q.
I I'i
Ol I
I ~
I .. S
" I
r ti .. -.F ~
J g I ~'::;-T
I '" ;:=~
"
I OJ ,tIS ~~fS
~
I e ~~~
t L1 L --
168.12'
ll!" ~
::1<
~g .
11 ,O'B~ -,;'1>1
~- I rl
'1
I ,O'g
1 b
0
. I d
,...,
,..., ....l .
I 'co .1..lJ 0"\
r- UN
w 1'5
j' . N ~I
to -<0
r<)
il.J ~ a-rt)
1 10
OJ .
lXJ to
I l/) t<)
10
!O
I OJ
ro
z CJIX,
I '13J~J" d
-\ ~
<0
'"
I ~$
-,
~~
I -:z;
~g
.l
.- -
L4
~:z
-<'(0
0...-
~6:
0-
uO::
uU
-<~
OC
. f--l
I~
Ow
f--l
W
~<C
Vl
tt.
~ E~~G~
&1 ;BI~~~
""l; ~H~l!;-m~
~ ~~l1lm~
Ii-
~~g'Ci~
~:t~-!t:
f I"l ldg 0
B.J~:;::Z:
I:; Lo. <'l 'E I:;
Lt.J ..-..C1..E.
o=crao~
~1i~I'1_
tJ""'J? ~
z... a.t:
~r::"5
o <
.c
Il...
r-
g!
~'
1- ~I
z
w
:::0
We
Cl Uz
tlz ~ ..,
Z :::;;% ore ~
20
W :::;;B ....g ~ !:!
ow
Cl om ~ ~ l!!
l1J \5~ '" << <
-I Cl Cl
1-1-
z:z:
00
a.. a..
g~
0.0.
II""ONUOS lI,q p'+=\.O~ ">8l;'D{ - Cell. '~O ".a '"POH ,~.~ tI.F'e-31-6C!-O&i'lN\S3lO13~S 3)1\(~\l9Ulllla2\DOO2'O'
Mir 6 ~e6ed
~i181HX3
(N0I10m:liSNOO :JQ~Y'I30Nna)3~WOO -
Y'fQW SW3.A. C .NOU~
.!.N~YGS\13 NOUWQl.93~
^~~a Al::M:!Odt'Gl
)
" '\
Agenda Item No, 17 A
October 10, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve Petition SNR-
2006-AR-9993, by Blackstone Estates, represented by Wilson Garcia, P. E. of Q. Grady
Minor & Associates, requesting a street name change from Bears Way to Acorn Way
for property in Black Bear Ridge Phase 1, located within Section 34, Township 48
South, Range 26 East.
OBJECTIVE: That the Collier County Board of County Commissioners approve a
Resolution renaming Bears Way, as depicted in the plat of Black Bear Ridge Phase 1,
recorded in Plat Book 43, Page 89, to Acorn Way.
CONSIDERATIONS: The Petitioner has met the requirements for requesting a street name
change and the proposed name does not duplicate an existing street name in Collier County.
There are 21 lots abutting the street, all of which are owned by the Petitioner.
~-
FISCAL IMPACT: Fiscal impact to the County Manager's agency will be incurred in the
form of staff time spent in revising plats and addressing records. Fiscal impact to fire, police
(Sheriffs Office), Post Office, EMS, and 911 Emergency Services will be incurred in the
form of costs to update records and maps.
The Petitioner will bear the cost of replacing the street sign( s).
GROWTH MANAGEMENT IMPACT: None.
PLANNING COMMISSION RECOMMENDATION: The Collier County Planning
Commission does not review street name change petitions.
LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this
petition and its compliance with criteria set forth in Chapter 22, Article X, of the Collier
County Code of Laws and Ordinances. The proposed Resolution is authorized by Section
336.05, Florida Statutes, and has been reviewed and approved by the County Attorney's
Office.
STAFF RECOMMENDATION: That the Board of County Commissioners approve the
proposed Resolution renaming Bears Way, as depicted in the plat of Black Bear Ridge Phase
1, recorded in Plat Book 43, Page 89, to Acorn Way.
Prepared by: Ashley Blair, Planner
Zoning & Land Development Review
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17A
October 10, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF eOUNTY COMMISSIONERS
17A
This Item reqUires that all participants be sworn in and ex parte dIsclosure be provided by
Commission members. Recommendation that the Board of County Commissioners approve
Petition SNR -2006-AR-9993, by Blackstone Eslales. represented by Wilson Garcia, P E. of
Q Grady Minor & Associates, requesting a street name Change from Bears Way to Acorn
Way for property In Black Bear Ridge Phase 1 located Wlthll1 Section 34, Township 48
South, Range 26 East
10/10/2006 g.OO 00 AM
Date
Prepared By
Ashley Blair
Community Development &
Environmental Services
Planner
Zoning & Land Development Review
9/12/200610:40;27 AM
Date
Approved By
Norm E. Feder, Alep
Transportation Services
Transportation DivisIon Administrator
Transportation Services Admin.
911212005 2: 27 PM
Date
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Zoning & Land Development Review
9/13/2006 4: 21 PM
Date
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Zoning & land Development Review
9/14/2006 7: 58 AM
Approved By
Date
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
9/21/2006 8:04 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/21/20063:35 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services. Adminstrator
Date
Community Development &
Environmental Services Admin.
9124/2006 9:25 AM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9125/20062;43 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget An.lyst
Office of Management & Budget
9/25/20063:13 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/28120087:32 PM
Agenda Item No. 171
.. - October 10, 2006
Page 3 of 8
ACORN YAY
.
.
.
.
1- .
.
..
..
BF\~6l{ ~(aSP .
"ft2-oM. ~ . Bears Way to Acorn Way
"~~v' .
~'" .
..
..
J~
III
.
PUD.'
~l"c...n'"
A'
MPUD"
'S(v.IOUA ONeS
II
..
PUD",'
......no....u<:.
A'
PUD'
1MlU' CA:U:w
~
"
..
l:!.
..:,.
cu".n
x
...cl.-.
-_...~..J..
. --..
nw'.
_~'s
,",'-':11
PUD" --
"'5'" HIllS
~
1.'~1 l-J
PUD
l"......'u. (F;[[)o"
- ttl..~"
., .. " ...
cue...~ _. _ ". :I-f:E ~.
, I.:f.f~ ~
'rTII1' .. l' I:lI IJ U
] · .. , .. ' . 1.-. -
_ " rr""rL-1
'--
"'loCI....
_a.cllll-.
~
~
Ci
~
.....c,......
l~
.!l
[::"
MPUD"
tilltOl"'.:c. "Lllt{.(:
l!.
y
~",'.lllC'ff ROAD
.~ll
Location Map
SNR-2006-AR-9993
(i)
Agenda Item No. 17 A
SNR-2006-AR 99903ctober 10, 2006
- Page 4 of 8
PROJECT #2004060071
DATE: 7/12/06
ASHLEY BLAIR
~ .
> '0
.\
APPLICATION FOR STREET NAME CHANGE
DATE:
AGENT'S NAME: Wilson A. Garcia
Telephone No. 23~-947-1 144
AGENT'S FffiM: Q. Grady Millor & Associates. P.A.
Fax No. 239-947-0375
AGENT'S ADDRESS:
3800 Via Del Rey. Bonita Sorings. FL 34134
AGENT'S E-MAIL ADDRESS:
wlZ.arcia@gradyminor.com
PETITIONER'S NAME:
Buckstone Estates~ LLC.
Telephone No._ (239) 403-8899
PETITIONER'S ADDRESS:
3785 Ai1l'ort Road North. Suite B Naples, FL 34105
PETITIONER'S E-MAIL ADDRESS:
Jeremy@hooverplanning.com Fax No._ (239) 403-9009
COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION.
( Provide additional sheets if necessary)
Name of Homeowner Association:
Not in existence
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State
Zip
Name of Master Association:
Not in existence
Mailing Address
City
State _ Zip
E-Mail address:
Fax#:
Name of Civic Association:
Mailing Address
City
State _ Zip
E-Mail Address: Fax #:
"'Be aware tbat Collier County has lobbyist regulations. Guide youJ'Sclf accordingly and ensure that YOll are in
compliance with these regulations.
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT/CURRENT PLANNING
2800 NORTH HORSESHOE DRIVE - NAPLES, FLORlDA 34104
TELEPHONE (941) 403-2300, FAX (941) 643-6968
Application for Strut Name Change - Revised April 14, 2003
Page 2 of6
Agenda Item No. 17 A
October 10, 2006
Page 5 of 8
LOCATION:
List legal description(s) of properties abutting the street to be renamed. (Attach additional pages ifnecessmy)
A. Subdivision: Black Benr Ridge
A. Section: _34_ Township: _48_ Range: _2..6_
B. Subdivision:
Unit No.
Tract No.
n. Section:
Township:
Range:
C. Subdivision:
Unit No.
Tract No.
C. Section:
Township:
Range;
D. Subdivision:
Unit No.
Tract No.
D. Section:
Township:
Range:
F. Subdivision:
Unit No,
Tract No.
F. Section:
Township:
Range:
Application for Street Name Change - Reviled April 14,21103
Page 4 of6
Agenda Item No, 17 A
October 10, 2006
Page 6 of 8
PROPOSED CHANGE:
CURRENT NAME OF STREET: Bears Way
PROPOSED STREET NAME: Acorn Way
STREET IN QUESTION IS:
o public, or [8J private
Reason for proposed change:
A modification to the final site ulan of the built-out of Black Bear Ridlle subdivision has caused Acorn Way to
turn east instead of continuing to the uorth. liS DroDosed ol'illinallv. The lIame in the recorded plat for the east-west
road is Bears Way. which has to be chaJU!:ed to Acorn Way as requested by Collier COllntv Addresblg Division.
Approximate length of street 900 ft
Number of parcels or lots abutting street:
21
Total Number of property owners abutting street to be renamed: 1
Total Number of property owners signing petition to change street name: 1
Percentage of property owners signing petition:
100%
Applicant lZJ does, or D does not, agree to pay cost of street sign replacement for public street,
(approx. $100.00 per sign)
Application for Street Name Change - Revised AprU 14, 2003
Page 3 of6
.... ,-
~
Agenda Item No. .17 A
October 10, 2006
Page 7 of 8
PETITION
TO: THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
THE UNDERSIGNED PETITIONERS HEREBY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO
CHANGE THE NAME OF THE FOLLOWING STREET NAME FROM Bears Way
TO Acoin Way
;SXttSA.'IIl'(D:Ji'\ : , '.. ". ". . '.;:Z;>f'ilm$.S':'";>?!'~" ,. ''';....;..:,;''.j~~''ilE$.~'.';'''''"'.. ',d" r~iE~;~;,~{~])~m:~r:':~.~~~:i~~':'
.'., .. ,~. ,H ", h, ..J ,.' ,".., J'~' ' . ... .~.,.~-"."-,,~,~r' ~"..l:'.
"0 ; ~..'.' ". .' ... "-,,,,_ .l.l-r~'... ~~ !~~~. ~:~.;:~~t::i~_ ~ .,' :v ':.. ~'_ '. ,.- V~t~~~ms;",:,_~;.;;'s.~
',-- ,- ....."-.. .... _ ..; . _ ., ."7-' '---,'" -, ,"'"
B uckstone Estates, LLC. A 6-20-06
~ . -'
3785 Airport Road North, Suite B
7 7 Naples, FL 34105
v
-
Application {Ol' Street Name Chllngc - R~vlsed April 14, 2003
Page 5 of6
RESOLUTION 2006 -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RENAMING BEARS WAY TO ACORN WAY, WHICH STREET IS
LOCATED IN BLACK BEAR RIDGE - PHASE I, SECTION 34,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 336.05, Florida Statutes, has confened on all counties in Florida the
power to name or renalUe streets and roads, except for celtain state roads; n1ld
.WHEREAS, Ordinance 2003-14, codified as Chapter 22, AI1icle X, of the Code of Laws
and Ordinances of Collier County, Florida, established criteria and procedures to rename streets
or roads; and
WHEREAS, Wilson Garcia, P.E., of Q. Grady Minor & Associates, P.A., agent for
petitioner Buckstone Estates, LLC, has applied to rename Bears Way to Acorn Way pursuant to
the procedures set [011h in Section 22-360 of the Code of Laws and Ordinances. This street is
depicted in the plat of Black Bear Ridge - Phase I, recorded in Plat Book 43, Pages 89 through
92; and
WHEREAS, after notice pUrSUn11t to said procedures being made and provided, the Board
of County Commissioners held a public hearing to consider the application and detel111ined that
all criteria set forth in Chapter 22, Article X, of Code of Laws and Ordinances had been met,
specifically finding that there is no other street in Collier County with the same name or any
similar sounding name.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I, Effective tlus date of hearing, Bears Way, as depicted in the plat of Black Bear Ridge _
Phase I, recorded in Plat Book 43, Pages 89 through 92, is hereby changed to Acorn Way
and is continued as such.
2, This Resolution shall be recorded in the Public Records of Collier County, Florida, and
noted upon the appropriate zoning atlas of Collier County, and notations made on the
referenced plat.
This Resolution adopted after motion, second aud super-majority vote favoring same, this
_ day of
,2006.
ArrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOIUDA
By:
By:
, Deputy Clerk
FRANK HALAS, CHAIRMAN
Ap 'oved a
an [
Agenda Item No, 17 A
October 10, 2006
Page 8 of 8
Agenda Item No. 17B
October 10, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt an Ordinance amending
Section 74-202 of Chapter 74 of the Collier County Code of Laws and Ordinances (The
Collier County Consolidated Impact Fee Ordinance) by providing for a change in the time
period allowed for requesting an impact fee reimbursement, consistent with limitations set
forth by the Florida Statutes.
OBJECTIVE: That the Board of County Commissioners (Board) adopt an Ordinance amending
Section 74-202 of Chapter 74 of the Collier County Code of Laws and Ordinances (Code), which
is the Collier County Consolidated Impact Fee Ordinance, to provide for a change in the time
period allowed for requesting an impact fee reimbursement from ninety (90) days to four (4)
years, which is consistent with the limitation period set forth by Section 95.11 (3)(m), Florida
Statutes.
c.~-..
CONSIDERA TIONS: On June 24, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-32, amending the Collier County Consolidated Impact Fee Ordinance, and
establishing criteria and procedures for reimbursement requests, including the requirement for
requests for reimbursements to be submitted within ninety (90) days of the cancellation or
revision to the subject building permit or overpayment of the impact fees. Staff recently received
a request for a partial reimbursement of impact fees by a petitioner that had overpaid the subject
fees, however, the request was not submitted within the 90-day timeframe and staff had no
option but to deny the request. The County Attorney's Office also reviewed this matter,
confirmed staffs opinion that the current provisions of the Code do not allow for administrative
reimbursements requested after the 90-day period described above, but noted that Section
95.1 1 (3)(m), Florida Statutes provides for a 4-year statute of limitations for "An action for
money paid to any governmental authority by mistake or inadvertence, " which would arguably
give the owner the right to commence a civil action seeking a reimbursement.
In cases where impact fees are owed to the County, the County is not required to request
payment within 90-days of the underpayment taking place, and in fact the County has collected
impact fees that remained underpaid over several years.
Therefore, staff recommends that the Board of County Commissioners amend the current
requirements for impact fee reimbursements to provide consistency with the statutory provisions
and to better ensure the fair and equitable administration of the impact fee program.
GROWTH MANAGEMENT IMPACT: Development is required to contribute its fair share
of the cost of providing public facilities necessitated by growth, however impact fees may not be
collected in excess of the amount reasonably anticipated to fWld such improvements. Therefore,
requests for reimbursement of impact fees, within the specified timeframe, that were overpaid,
should be returned to the then current owner.
....-....
Refund Limitations
Page 2
Agenda Item No. 178
October 10, 2006
Page 2 of 5
FISCAL IMPACT: There is no fiscal impact related to this request. Additionally, as required
by the Code, reimbursement requests in excess of $25,000 must be approved by the Board of
County Commissioners.
LEGAL CONSIDERATIONS: The proposed changes to Chapter 74 of the Code are legally
sufficient for Board consideration and approval. '
RECOMMENDATION: That the Board of County Commissioners (Board) adopt an
Ordinance amending Section 74-202 of Chapter 74 of the Collier County Code of Laws and
Ordinances (Code), which is the Collier County Consolidated Impact Fee Ordinance to provide
for a change in the time period allowed for requesting an impact fee reimbursement from ninety
(90) days to four (4) years which is consistent with the limitation period set forth by Section
95.11 (3)(m), Florida Statutes.
Prepared By: Amy Patterson, Impact Fee Manager
Business Management and Budget Office, CDES
, ....-.,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17B
October 10, 2006
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17B
This Item continued trom the September 26,2006 BCC Meeting Recommendation that the
Board at County Commissioners adopt an Ordinance amending Section 74-202 of Chapter
74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated
Impact Fee Ordinance) by providing for a change In the time DefiOd allowed for requesting an
Impact fee reimbursement, consistent with limitations set forth by the Florida Statutes
10/10/200690000 AM
Date
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Financial Admin. & Housing
9n1200611:05:17 AM
Date
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
9/7/2006 1 :34 PM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9112/20067:54 PM
Date
Approved By
Garrett Mullee
Community Development &
Environmental Services
Financial Operations Manager
Financial Admin. & Housing
9/13/20068:15 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
9/13/20069:58 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9114/2006 8:31 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
9114/20069:35 AM
Date
Approved By
Michael Smykowski
County Manager's Offjce
Management & Budget Director
Office of Management & Budget
9/1412006 3:28 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/14/20067:20 PM
-..
ORDINANCE NO. 2006-
Agenda Item No. 178
October 10, 2006
Page 4 of 5
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE NINE
OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING
THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE NO. 2001-13, AS AMENDED, PROVIDING FOR A
CHANGE IN THE TIME PERIOD ALLOWED FOR REQUESTING
AN IMPACT FEE REIMBURSEMENT, CONSISTENT WITH
LIMITATIONS SET FORTH BY THE FLORIDA STATUTES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code''); and
WHEREAS, on June 24, 2003, the Board of County Commissioners adopted Ordinance
No. 2003-32, amending the Collier County Consolidated Impact Fee Ordinance, and establishing
criteria and procedures for reimbursement requests, including the requirement for requests for
reimbursements to be submitted within ninety (90) days of the cancellation or revision to the
subject building permit or overpayment of the impact fees; and
WHEREAS, Section 95.11(3)(m), Florida Statutes provides a four (4) year limitations
period for "An action for money paid to any governmental authority by mistake or
inadvertence. "; and
WHEREAS, when the County discovers that impact fees were underpaid, the Impact Fee
Ordinance allows for the County to collect the arrearage from the then-current owner, at any time
in the future; and
WHEREAS, staff recommends that the current impact fee reimbursement requirements
be amended to provide consistency with the statutory provisions and to better ensure the fair and
equitable administration of the impact fee program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74-202, Payment, subsection (h) of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-202.
Payment.
***
(h) In the event a building permit issued for a development: (i) expires prior to commencement
of any part of the development for which the building permit was issued, (ii) is officially
cancelled, (iii) is revised after payment of impact fees and the permit's revision results in a
reduction in the impact fees applicable for the development, or (iv) results in the impact fees
being overpaid due to an incorrect application of the rate schedule, calculation error(s), or prior
payment within the same subject property, the then current owner/applicant may within ~
Underlined text is added; SW,1I lilfoygll text is deleted
Agenda Item No. 17B
October 10, 2006
four (4) years of the expiration of, cancellation of, overpayment for, or approved revision to the Page 5 of 5
building permit, apply for a reimbursement of a portion of or the entire impact fee, depending on
the basis for the request for reimbursement. All such requests for reimbursement shall be
calculated by applying the impact fee rate schedule that was in effect on the date of the
respective building permit application. Failure to make timely application for a reimbursement of
the impact fee shall waive any right to a reimbursement.
***
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout 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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of , 2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
, Deputy Clerk
~ text is added; SlnIek Ihfelltlh 1m is deleted
Page 2 of2
Agenda Item No. 17C
October 10, 2006
Page 1 of 124
EXECUTIVE SUMMARY
PUDZ-2005-AR-7834 Black Bear Properties of FL, LLC, represented by Tim Hancock,
Planning Director of Davidson Engineering, Inc., is requesting a rezone from the Estates,
Wellfield Risk Management Special Treatment Overlay Zone W-l zoning district (E-
ST/WSl) to the Commercial Planned Unit Development (CPUD) zoning district in the
Wilson Boulevard/Golden Gate Boulevard Neighborhood Commercial Subdistrict of the
Golden Gate Area Master Plan (GGAMP) known as Snowy Egret Plaza CPUD. The
subject property, consisting of 4.86 acres, is located at the southwest corner of the
intersection of Golden Gate Boulevard and Wilson Boulevard, in Section 9, Township 49
South, Range 27 East, Collier County, Florida.
OBJECTIVE:
The petitioner seeks to rezone from Estates (E) to Commercial Planned Unit Development
(CPUD) known as Big Bear Plaza CPUD.
CONSIDERATIONS:
The proposed Big Bear Plaza CPUD is located on a 4.19 acre tract of land that is identified as a
Neighborhood Center Subdistrict of the Golden Gate Area Master Plan in the Collier County
Growth Management Plan (GMP). The Neighborhood Center Subdistrict has been developed to
provide a variety of Commercial (C-1, C-2, and C-3) land uses to the residents within the Golden
Gate Estates Subdivision. The Neighborhood Center Subdistrict incorporates a variety of
standards for access, open space, buffering, preservation areas, storm water management,
building height, architectural design, and prohibited uses which provides for the compatibility of
these commercial activities within these predominately residential areas. The subject property is
located within the Golden Gate Tamiami Wellfield Protection Area. The entire lot area of the
subject property is identified within Zone I of the protection area. Well 11 is located northwest
and Well 10 is located southwest of the Golden Gate Boulevard and Wilson Boulevard
intersection (See County Well Location Map). The proposed CPUD incorporates the
requirements of the "Neighborhood Center Subdistrict," and preserves the integrity of the
"Wellfield Protection Afea."
FISCAL IMPACT:
The rezoning of the subject property to CPUD by and of itself will have no fiscal impact on
Collier County. There is no guarantee that the project, at build out, will maximize its authorized
level of development, however, if the property is rezoned, a portion of the existing land will be
developed and the new development will result in an impact on Collier County public facilities.
The County collects impact fees before the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
identified projects in the Growth Management Plan Capital Improvement Element as needed to
maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the
PUDZ-2005-AR-7834 SNOWY EGRET PLAZA CPlJD
Page] 0[6
BCC MTG. OCT. 9,2006
Agenda Item No. 17C
October 10, 2006
Page 2 of 124
requirements of concurrency management, fifty percent (50%) of the estimated Transportation
Impact Fees associated with the project are required to be paid simultaneously with the approval
of each final local development order. Other fees collected before the issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements.
Please note that impact fees and taxes collected were not included in the criteria used by Staff
and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT IMPACT:
The subject property is designated Estates (Estates - Mixed-Use District, Neighborhood Center
Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP).
The Neighborhood Center Subdistrict permits commercial intermediate uses and Conditional
Uses of the Estates zoning district subject to specific development standards. The intent of the
Neighborhood Center Subdistrict is to allow for development to provide basic goods, services
and amenities to Estates residents while maintaining the semi-rural character of the area. This
includes "intermediate commercial so as to provide for a wider variety of goods and services in
areas that have a higher degree of automobile traffic... uses shall be similar to C-l, C-2 or C-3,"
though some uses are specifically prohibited, and Conditional Uses in the Estates zoning district.
The Neighborhood Center Subdistrict has been amended on May 14,2002, September 10,2003,
and October 26, 2004. Also, the Land Development Code (LDC) has been amended to change
permitted uses in the C-l thru C-3 zoning districts.
Based upon the above analysis, the proposed uses and development standards may be deemed
consistent with the Golden Gate Area Master Plan (GGAMP), with the exception of the
stipulation that "Drive-through establishments shall be limited to banks, with no more than 3-
lanes: the drive-through areas shall be architecturally integrated with the rest of the building.
This provision only applies east of Collier Boulevard" ((GGAMP Section 2.a.2) C)). The
applicant has incorporated the CPUD document to allow drive-through for pharmacies (Section
3.3 19, and 5.8 E.). Because the Collier County Planning Commission (CCPC) found the
proposed drive-through for the pharmacy to be consistent with the GGAMP restrictions noted
above for bank-facilities, the Board of County Commissioners (BCC), by approving this petition
by policy decision, approves the use of the drive-through as an allowable use for the pharmacy
consistent with the GGAMP restrictions noted for bank-facilities.
TRANSPORT A TION ISSUES:
The Transportation Services Division has reviewed the Petitioner's Trip Generation Report
(TGR) and has determined that the proposed rezoning will generate 2,013 average daily trips at
the build-out of the project in 2007. The study estimates that 68 percent of the trips generated
will be "pass-by." Based on that factor, less than 100 trips and 100 peak hour trips will be
generated. As a result, this petition is consistent with policy 5.1 of the Transportation Element.
PUDZ-2005-AR-7834 SNOWY EGRET PLAZA CPUD
Bec MTG. OCT. 9,2006
Page 2 of6
Agenda Item No. 17C
October 10, 2006
Page 3 of 124
The applicant has offered to "donate at no cost to the County the reserved right of way area as
defined on the master plan, not to exceed 25 feet along Golden Gate Boulevard and 15 feet along
Wilson Boulevard. Should the Collier County need additional area along Wilson Boulevard to
facilitate roadway improvements, the developer will grant up to 10 additional feet in the form of
an easement for the County's use consistent with the buffering requirements contained in the
Neighborhood Center Subdistrict" (Section 5.9 N.)
Based on the analysis contained in the TGR, all roadway segments significantly impacted as a
result of the Big Bear Plaza CPUD will operate at or above the adopted Level of Service (LOS)
standard for that roadway as established by Collier County.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and has incorporated safeguards within
the PUD document to insure compliance with the environmental regulations that are incorporated
in Environmental Section 5.6 of the PUD document. The Environmental Advisory Council
(EAC) did not have to review this petition because the proposed area to be developed did not
exceed the 10-acre minimum area requirement.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting
of September 7,2006 with a vote of 6 to O. The approval included the following conditions:
1. That a drive-through facility of one or two use lanes and one by-pass lane shall be included
to support the pharmacy use subject to GMP approval; and
2. The building height shall be limited to 35 feet, with the exception of towers which will be
limited to a maximum of 45 feet and be proportionally sized to the principal structure; and
3. The architectural standards shall follow the GMP; and
4. Section 3.3 Permitted Use shall be modified per the Planning Commission meeting of
September 7, 2006 as follows: Automotive services, Food stores, Group care facilities, and
Individual and family social services shall be identified as a prohibited use; Food stores shall
exclude stand alone convenience stores with or without gas; and Lawnmower repair shall be
removed from the list of Miscellaneous repair services.
Because the CCPC made a finding that the proposed drive-through for the pharmacy is consistent
with the GGAMP restrictions for bank-facilities, the BCC, by approving this request by policy
decision, approves the use of the drive-through as an allowable use for the pharmacy consistent
with the GGAMP restrictions noted for bank-facilities.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03 .05 and Chapter 10.02.13 of the
LDC. These evaluations are completed as separate documents that are attached as exhibits "A"
PUDZ-2005-AR-7834 SNOI,.VY EGRET PLAZA CPUD
Page 3 of6
BCC MTG. OCT. 9,2006
Agenda Item No. 17C
October 10, 2006
Page 4 of 124
and "B" of the staff report. A summary of the most applicable findings that contain staff's
evaluation of the pros and cons of the project in relation to the findings, are noted below:
Whether the proposed change will be consistent with the goals, objectives & policies of the
Future Land Use Map and the elements of the Growth Management Plan.
Pro: The property is located within the Neighborhood Center Subdistrict as identified in
the Golden Gate Area Master Plan. Specific development requirements are established in
the GMP, and the CPUD document contains appropriate references assuring compliance
with the provisions of the Neighborhood Center Subdistrict.
Con: The staff is concerned with the proposed inconsistency to the 25 feet buffer
requirement along the street frontage and the 50 feet front building setback of the subject
property due to the potential right of way dedication on Golden Gate Boulevard and
Wilson Boulevard.
Findings: Based on the staff's review, the proposed development would be in
compliance with the Future Land Use Element (FLUE) of the Growth Management Plan
(GMP) for Collier County if the listed conditions were addressed.
The existing land use pattern;
Pro: The subject property is located at the intersection of Golden Gate Boulevard and
Wilson Boulevard. Properties surrounding the subject property are zoned Estates, C-l
Neighborhood Commercial and Wilson Boulevard Center CPUD, and are developed
single- family homes sites, undeveloped Estates lots, existing or proposed commercial
developments. A Golden Gate Tamiami Wellfieldis located along Wilson Boulevard.
All of the lots at the corners of Golden Gate Boulevard and Wilson Boulevard
intersection are classified as being in the "Neighborhood Center Subdistrict" within the
Golden Gate Area Master Plan of the GMP. The proposed amendment is consistent with
the Future Land Use designation for this area. The property immediately west of the
subject site has petitioned the County to amend the GMP to identify it as part of this
"Neighborhood Center Subdistrict."
Con: The petitioner proposes commercial uses that are not compatible with the adjoining
residential land uses in both allowable maximum height and activity intensity.
Findings: Staff believes that the petition provides adequate ameliorating factors to offset
the adverse impacts from the proposed land uses, provided the required buffers are
constructed.
Whether changed or changing conditions make the passage of the proposed amendment
necessary.
Pro: The site is designated for a mix of commercial and retail uses that are specified
within the parameters of the "Neighborhood Center Subdistrict" and the applicant intends
to develop the property within the parameters of the "Neighborhood Center Subdistrict".
The lack of commercially zoned property in the Estates and within the "Wilson
PUDZ-200S-AR-7834 SNOWY EGRET PLAZA CPUD
BCC MTG. OCT. 9, 2006
Page 4 of6
Agenda Item No, 17C
October 10, 2006
Page 5 of 124
Boulevard/Golden Gate Boulevard Neighborhood Center Subdistrict" provides ample
justification for the passage of this proposed amendment.
Con: The proposed petition was a voluntary action by the petitioner's selection of the
subject property, This site requires the BCC to make a finding that the project is
consistent with the "Neighborhood Center Subdistrict" criteria.
Findings: The proposed Snowy Egret Plaza CPUD is compatible with the
"Neighborhood Center Subdistrict" as identified in the GGAMP of the FLUE in the GMP
for Collier County and the proposed conditions would aid in creating ameliorating
elements.
The physical characteristics of the property and the degree of site alteration, which would
be required to make the property usable for any of the range of potential uses under the
proposed, zoning classification.
Pro: Any development of this site would require considerable site alteration with the
existing or the proposed zoning.
Con: The configuration of the property and the limitations of accessibility for the use of
portif"1" ,d the subject property restrict the intended use and design for a "Neighborhood
Center" as identified in the GMP.
Findings: Staff believes that the proposed ingress and egress location on Golden Gate
Boulevard, the coordination of entrance alignments with the Wilson Boulevard Center
CPUD on Wilson Boulevard, and the future interconnections with the properties to the
south and the east, would aid in creating ameliorating elements which would offset the
adverse impacts from the proposed land uses.
Conformity of the proposed Planned Unit Development with the goals, objectives and
policies of the Growth Management Plan (GMP)
Pro: The applicant has identified in the "Statement of Compliance" of the Snowy Egret
Plaza CPUD document that the PUD will be in compliance with the planning goals and
objectives of Collier County as set forth in the Growth Management Plan.
Con: The petitioner has proposed that "Upon the determination of the right of way needs,
the developer, his successor and assignees agree to donate, at no cost to the county up to the
reserved right of way area as defined on the master plan, not to exceed an additional 25 feet
on either roadway. The dedication of the right of way area shall count towards the
necessary buffers and setbacks." The uses of the buffer area and setback reductions were
proposed by the Transportation Services Division.
.-
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses. The "Wilson
PUDZ-2005-AR-7834 SNOWY EGRET PLAZA CPUD
BCC MTG. OCT. 9,2006
Page 5 of6
Agenda Item No. 17C
October 10, 2006
Page 6 of 124
Boulevard/Golden Gate Boulevard Neighborhood Center Subdistrict" was approved as an
integral part of the Golden Gate Area Master Plan (See Staff Report).
The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements
Pro: Staff analysis indicates that the CPUD is compatible, both internally and externally,
with the proposed uses and with the existing surrounding uses.
Con: The petitioner has proposed that "Upon the determination of the right of way needs,
the developer, his successor and assignees agree to donate at no cost to the county, up to the
reserved right of way area as defined on the master plan, not to exceed an additional 25 feet
on either roadway. The dedication of the right of way area shall count towards necessary
buffers and setbacks." The uses of the buffer area and setback reductions were proposed by
the Transportation Services Division.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses (see Staff
Report). The surrounding land uses are non-commercial.
The proposed change has been deemed consistent with the goals, objectives, and policies and
Future Land Use Map and the applicable elements of the GMP with the exception of the drive-
through facility for the pharmacy use. The cepe recommended approval of the drive-through
facility for the pharmacy use. The BCC will need to make a determination of consistency of the
drive-through facility for the pharmacy use on the subject property.
RECOMMENDA TION:
Staff has incorporated two revisions to the PUD document for clarification:
1. Section 5.8.F. was eliminated due to the fact that the county does not subject its
ordinances to local private non-profits, home owner associations, or civic associations by
reference.
2. Section 3.6.F. was modified as follows:
Maximum Height: Actual height shall be thirty-five (35) feet and one (I)-story. Tower
features, cupolas and similar architectural features required by the Land Development
Code shall not exceed 45 feet in actual height.
Staff recommends that the Board of County Commissioners (BCe) approve petition PUDZ-
2005-AR-7834 as described by the attached Ordinance of Adoption and exhibits thereto, the
Snowy Egret Plaza CPUD regulatory document.
PREPARED.BY:
Michael J. DeRuntz, C.F.M., Principal Planner
Department of Zoning & Land Development Review
PUDZ.2005.AR.7834 SNOWY EGRET PLAZA CPUD
BCC MTG. OCT. 9,2006
Page 6 of6
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17C
October 10, 2006
Page 7 of 124
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17C
This Item requires that all participants be sworn In and ex parte disclosure be provided by
Commission members. PUDZ-2005-AR-7B34 Black Bear Properties of FL. LLC, represented
by Tim Hancock, Planning Director of Davidson Engineering, Inc.. IS requesting a rezone
from the Estetes, Wellfield Risk Management Special Treatment Overlay Zone W-1 zoning
dislrict (E-STIWS1) to the Commercial Planned Unit Development (CPUD) zOning district for
C-3 Intermediate Commercial land uses, which can provide a variety of services with a
common architectural theme. as regutated in the Neighborhood Commercial Center of the
Golden Gate Area Master Plan iGGAMPj The subjecl property, consisling of 4.86 acres, IS
located at the southwest comer of the intersection of Golden Gate Boulevard and Wilson
Boulevard In Section 9. Township 49 South, Range 27 East, Collier County, Florida
10/10120069:00:00 AM
Date
Approved By
Constance A, Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/2112008 3:46 PM
Approved By
Chief Planner
Date
Ray Bellows
Community Development &
Environmental Services
Zoning & Land Development Review
9/2212006 11 :39 AM
Norm E. Feder, Alep
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services. Admin,
9/28/20062:19 PM
Zoning & Land Development Director
Date
Approved By
Susan Murray. Ale?
Community Development &
Environmental Services
Zoning & Land Development Review
9/27/2008 8:27 AM
Donald L. Scott
Transportation Planning Director
Date
Approved By
Transportation Services
Transportation Planning
9/27/200611:51 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Dote
Community Development &
Environmental Services Admin.
9128/20088:00 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
9/2812008 3:42 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
9128/2008 4:30 PM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
9/29/2008 5:09 PM
A6~ I~JI)I~ VC
~. trcThoet'fO,OW06
Page 8 of 124
Co~r County
_Ji ~~ __
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: AUGUST 10, 2006
SUBJECT:
PETITION PUDZ-2005-AR-7834, SNOWY EGRET PLAZA CPUD
AGENT! APPLICANT:
OWNER:
Black Bear Properties of FL, LLC
840 Jung Blvd. W.
Naples, FL 34120
AGENT: Tim Hancock, Director of Planning
Davidson Engineering, Inc.
2154 Trade Center Way, Suite 3
Naples, FL 34109
REQUESTED ACTION:
The petitioner is requesting a rezone from Estates (E) Zoning District to Commercial Planned Unit
Development (CPUD) to be known as the Snowy Egret Plaza CPUD.
GEOGRAPHIC LOCATION:
The subject POO is located at the southwest corner of the intersection Golden Gate Boulevard and
Wilson Boulevard, more particularly described as All of Tract 125, Golden Gate Estates, Unit 12, in
Section 9, Township 49 South, Range 27 East, Collier County, Florida. The subject propelty contains
5.46 acres, less roadway easements. (See illustration on following page)
PURPOSEIDESCRIPTION OF PROJECT:
The proposed Big Bear Plaza CPUD is located on a 4.19 acre tract of land that is identified as a
Neighborhood Center Subdistrict of the Golden Gate Area Master Plan in the Collier County Growth
Management Plan (GMP). The Neighborhood Center Subdistrict has been developed to provide a
variety ofC-1, C-2, and C-3 uses to the residents within the Golden Gate Estates. The Neighborhood
Center Subdistrict incorporates a variety of standards for access, open space, buffering, preservation
areas, stormwater management, building height, architectural design, prohibited uses which provides
for the compatibility of these conunercial activities within these predominately residential areas. The
PUDZ-2005-AR-7834 1 of20 cepe MEETING
o~~
I'- I
....
~,,~.t- .
5
00
ZOO)
E -: aJ
aJaJOl
.......0 CO
- 00.
CO-
,,(,)
1;:0
aJ
OJ
<(
z
o
w-
-I-~
(iiu
g
--
O!jV.'1]'V:OB NQs'l!'/.
'-rr-'--T----1
1...-.....-
..____... __L.__.._
--'~[" --- ~
;.--.- ~
I"
L.j
i!l ;$I
:.
--.--...--'-' .-- ....--....-.--..
! "
~ "
~ ~
~ . ~,
;:! ~~: ~a:
g I J f
~
i!Z:::
~ ~~i
g
--:;-g------ ._~---
~9~ ~
~..!i " .-
~~~ ~!
"i "~6~ :\i~
-..nnoo """....
...~~~-
L ..t.'
-~~
..-------
P
~6
.~ ~~
~ 1- Z
~ frl Q
-.';;:
OU-
---- g: 9
~
5:
....:rl:"
"5
II
a
Oll't^,\'\OI JlOO1Ilo _
----~';;;-
~
li~
~~>-
i~
~
~ .
~ E-
:~ ~-
~~. '~t
~% 5
~ ~
0;;
"
~~
~l'i
~~
!i
____I
1
---------- -------------
1:
!:
$l
;;
~
~~
......~'t:
r
-.-.--
~
g
~ai
j
~'S lllttl$ o;a
fT
L.~~ ~
--[Ill.I~J ~
>>'S mtl" ,., -"'- -. '_1 C/)
I
.l
-L-~_ ..L
.,
5
~"f('31nOD NU5il1,',
N
5
~ UJW'S O':'f
J.1:h (If ((,., L '. _~_
_ lI/ir"
..
"----.,. -.
~ 7.
_____..~. _n__.'_.._
~
~
~t
J ~ )l ~ ~
i
__ ------ J--------.
~
5~
~~:. 'f2
~~
II '!i
~I r ---
~
::;"
'>> ~~
~
11
i
:-i
i
0;
~
~~
!: !~
il
~.
-----1"---..-
~ w
B. ~~
... R~ t?~~
~ ~
~
b~
~' ~.~
;
8
"'"
M
co
I"-
I
~
-<
,
10
o
o
N
.
N
D
::l
Cl..
=II:
Z
o
I-
;::
W
Cl..
a..
<(
~
z
o
-
l-
e:(
()
o
...J
Agenda Item No. 17C
October 10. 2006
Page 10 of 124
subject property is located within the Golden Gate Tamiami Wellfield Protection Area. The entire lot
area of the subject property is identified within Zone 1 of the protection area. Well 11 is located
nOlihwest and Well 10 is located southwest of the Golden Gate Boulevard and Wilson Boulevard
intersection (See County Well Location Map). The proposed CPUD incorporates the requirements of
the "Neighborhood Center Subdistrict," and preserves the integrity of the "Wellfield Protection
Area. "
SURROUNDING LAND USE AND ZONING:
Subject Parcel: Undeveloped wooded tract of land, zoned Estates
Surrounding: North: Golden Gate Boulevard, then undeveloped Estates lots and a Golden Gate
Tamiami wellhead, zoned Estates and E's County Store, zone C-l,
East: Wilson Boulevard, then an undeveloped lot zoned Wilson Boulevard
Center CPUD and undeveloped Estates and single-family residential
dwelling, zoned Estates
South: An undeveloped lot, a Golden Gate Tamiami wellhead and single-family
residential dwelling, zoned Estates
West: Undeveloped lots and single-family residential dwellings, zoned Estates
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated Estates (Estates - Mixed-Use District, NeighbOl'hood Center
Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan.
Future Land Use Element: Relevant to this petition, the Neighborhood Center Subdistrict pennits
neighborhood commercial uses and Conditional Uses of the Estates zoning district subject to specific
development standards. The intent of the Neighborhood Centers Subdistrict is to allow for
development to provide basic goods, services and amenities to Estates residents while maintaining the
semi-rural character of the area. This includes "intermediate commercial so as to provide for a wider
variety of goods and services in areas that have a higher degree of automobile traffic... uses shall be
similar to C-1, C"2 or C-3," though some uses are specifically prohibited; and, conditional uses in the
"E" zoning district.
The Neighborhood Centers Subdistrict was amended on May 14, 2002 and September 10, 2003.
Also, the LDC has been amended to change permitted uses in the C-l thru C-J zoning districts.
Development standards for Neighborhood Centers are intentionally stringent, especially buffer
requirements, in an effort to maintain the semi-IUral character of the Estates, and to protect adjacent
residential development from impacts of commercial development.
Based upon the above analysis, the proposed uses and development standards may be deemed
consistent with the existing, or proposed, GGAMP.
Transportation Element: The Transportation Department has reviewed the Petitioner's Trip
Generation Repolt (TOR) and has determined that the proposed rezone will generate 2013 average
daily trips. The study estimates that 68 percent of the trips generated will be "pass-by." Based on that
factor, less thanl00 trips and 100 peak hour trips will be generated.
PUDZ-2005-AR-7834
3 of20
cepe MEETING
Agenda Item No. 17C
October 10, 2006
Page 11 of 124
Based on the analysis contained in the Trip Generation Report (Exhibit "C'), all roadway segments
significantly impacted as a result of the Snowy Egret Plaza CPUD will operate at or above the
adopted Level of Service (LOS) standard for that roadway as established by Collier County. As a
result, this petition is consistent with policy 5.1 of the Transportation Element.
AERIAL MAP
Open Space/Conservation: The CPUD document indicates that a combination of landscape areas,
buffers, preserve areas, water management areas, and qualifying open space areas exceeds the Land
Development Code (LDC) requirements and the Golden Gate Area Master Plan (GGAMP) Estates-
Mixed Use District, Neighborhood Center Subdistrict criteria.
ANALYSIS;
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable detennination must be based. These criteria are specifically noted in Section 10.02.13 of the
Land Development Code and required staff evaluation and comment. The Planning Commission and
the BCe use these criteria as the basis for their recommendation. Appropriate evaluation of petitions
PUDZ-2005-AR-7834 4 of20 CCPC MEETING
Agenda Item No. 17C
October 10, 2006
Page 12 of 124
... . ,
I It i' . lXIl.D!N GA'lE! BOUL vAiiD
"~ ~\, \ \' ,
".. ~~ e: ~
.. \I~ \ ,
~ '\, \ ,
./ '..... V SOULE ~A \ 1...
\ CEN It \
~ . .., .. II 11~) 11:1 \ I~ \ 1/1 ;'i... M .. III
~ .. 11' \a ,., \ .1
.. ,
\ ~. / / , ~ -
14\ II!l ,.. 'ft~ .lI 3 It \. !U
ID ar
~~ 1211 11 9 10
t \
I ---=
r I
I_ 14 SUBJECT - ,. n j t
! I.. :!II
- PROPERTY I ,
t , l I--
t &J - '4 \
, .. I ZJ I \" .
, , ,/ '. l
t i ./' \ r i--
ill P
I n I 11. I ,a 1.1 ~ , t
\ .! ~ .' .. III ~
I
~ E , ;
, \ 1:10 11 :III ; \
u ., 14 I 'II rrr",.~a
i 117 \ I \ It
, 1, J' 1,
I I '\ I':ITr_~I. E ~
. .. U' 11_ I ~1 !l.fTfM!tlfJ ~
ST_ I ~ '. \ ill ,
i I '11 n . ,
J -+
I ~ D /' I I U18
M~ ra:i11l. r I / u I
Ji , ! ~ u. Ih~ 10 17 I Q ~ I
.. n ..; \ J ::: I -!-
i " \ ! ~ ,/ ~ ,,' .... t
., ,. fa I If" L '3~ I ", I 45 84 i ,
Q; t ~ ~ f
t n I
~ f \ i 5 '" ! , ~ r---
I
II' } fJ4 . .. I
u n in =- \ ... a
! I \ i
, f
t . . .F ----.
QlEO!IB
ZONING MAP
for amendments to PUDs should establish a factual basis for supportive action by appointed and
elected decision-makers. Each of the potential impacts or considerations identified during the staff
review are listed under each of the criteria noted and are summarized by staff, culminating in a
determination of compliance, non-compliance, or compliance with mitigation. These evaluations are
completed as separate documents and are attached to the staff repOlt (See Exhibit "A" and Exhibit
"B ").
Environmental Analysis: Environmental Services staff has reviewed the petition' and has
incorporated safeguards within the CPUD document to insure compliance with the environmental
regulations, as identified in Preservation Area Plan Section IV, and Environmental Section 5.6 ofthe
PUD document.
The Environmental Advisory Council did not have to review this petition because the proposed area
to be developed did not exceed the 1 O-acre minimum area requirement.
Transportation Analysis: Transportation Department staff has reviewed the petition and has
recommended approval subject to the conditions contained in Section 5.9 of the CPUD document.
The Traffic Generation Report prepared for the this zoning petition identified that the Average
Annual Daily Traffic (AADT) was projected to be 2,013. A dedication ofpropelty for the expansion
of roadway right of way has been provided on Golden Gate Boulevard and Wilson Boulevard. The
PUDZ-2005-AR-7834
5 of20
CCPC MEETING
Agenda Item No. 17C
October 10, 2006
Page 13 of 124
proposed right of way dedication is within the required 25 feet buffer area along the property~s
roadway frontages. In Section 5.9 N. the PUD document states that, "Upon the determination of the
right of way needs, the developer, his successor and assigns agrees to donate at no cost to the County
up to the reserved right of way area as defined on the master plan, not to exceed an additional 25 feet
on either roadway. The dedication right of way area shall count towards and necessary buffers and
setbacks." The uses of the buffer area and setback reductions were proposed by the Transportation
Services Division. Those revisions are not compatible to the regulations of the "Neighborhood
Centers" in the Golden Gate Area Master Plan. Future access to the propelty to the west and the
south has been proposed.
Utility Issues: The Utilities Department staff has reviewed the petition~ and has recommended
approval subject to the conditions contained in Section 5.10 of the CPUD document, which includes a
40 foot by 60 foot easement for a well location as shown on the CPUD Master Plan.
Zoning and Land Development Review Analysis: The evaluation by professional staff includes an
analysis of the project's relationship to the community's future land use plan, and whether or not a
rezoning action would be consistent with the OMP. Other evaluation considerations include an
assessment of adequacy of transportation infrastructure. other infrastructure, and compatibility with
adjacent land uses. In addition, staff offers the following synopsis:
Relationship to Existing Land Uses - The subject property is bordered by Golden Gate Boulevard,
Wilson Boulevard. and developed and undeveloped lots in the Estates. The subject property is
located in the Estates zoning district. The Golden Gate Area Master Plan (GGAMP) in the Land
Development Code (LDC) and the Growth Management Plan (GMP) govern the Estates district.
Within the GGAMP, the subject propelty is classified as a "Neighborhood Center Subdistrict." The
Neighborhood Center Subdistrict permits C-l, C-2, and C-3 commercial uses as specified within the
criteria of this Subdistrict. The petitioner proposes to develop the subject property within the criteria
of the Subdistrict. The exception to that criterion is the inconsistency of the 25 feet buffer and 50 feet
front building setback reductions due to the potential right of way dedication with Golden Gate
Boulevard and Wilson Boulevard. Staff is opposed to these exemptions due to the residential nature
of the area. With the approval of previous CPUDs' that were "Neighborhood Centers:~ the
dedication of right of way was provided and the buffer area and setback regulations started from the
right of way dedication line and the regulations were not deviated.
The subject property is entirely located within the Zone 1 of the Golden Gate Tamiami Wellfield.
The storage and use of hazardous materials are prohibited within Zone 1 of the Golden Gate Tamiami
Wellfield. The CPUD document prohibits the storage and use of hazardous material within Zone 1 of
the wellfield protection area. Therefore, staff believes the uses proposed in the petition would not
adversely impact the existing residential land uses in the area. Furthermore; staff believes that the
development regulations~ architectural standards; landscaping, stOlm water management, and
buffering requirements of the CPUD district would meet the goals of the OMP and enhance the
aesthetic quality of this area.
It should be noted that the owner of the property immediately to the west of the subject property has
submitted a Comprehensive Plan Amendment, petition (CP-2005-2) to the County to include it in the
"Wilson Boulevard/Golden Gate Boulevard Neighborhood Commercial Subdistrict!;
PUDZ-2005-AR-7834
6 of20
CCPC MEETING
Agenda Item No. 17C
October 10, 2006
Page 14 of 124
......e..... $.L~::m.r~~~=~=::===:.-:::~~~~J~~~
:~-._ l' ~ ~..~ ~~[vjl -- ~Pl
:;;;;; - ~-~~=-=....'- ,,:-=<-~-~--"'-"h
:4:::.== '--PIP.. -- i. '~--r.-r--"-.--"l )
nr~-rr~-c--'-~-~r-c--=--~ i ,J1
i 1 \\, i ! I i ~l 'I
I ! \.\ I ! I I 1/111
I ~ \ i 'I 1 I
! j~!{i! ----r-- 1, !'. I r---___..
I ! I ! I I!
! i \ ! ~ll!' ij
I II I I II
I I 1I! I II
1.lf LH-, II
I " t I I
I iff ~~ Il
:-1, i I I Ii
I ~\ ~ ; I I \ ,i!
II i\ \ I ~ I I 'il f i q ~
~ l \\ I II fli : :!~ .1":) I
:~ l' I ;r l---L J-11 0
. J 't....l--.lo:
I iTiJ---r----~--------:-I. F~:H ~
1-1-1-1-1 II: I II m
I ill I III I ! II ~
i 1,/ : ~! I ::li~
, , 11 I I
I ,\\ f/J /" i ,i
!t ! \~':':--.._--...~..---~...~.-.--.....---....:::::- I (~qf ;~~! \a) I
,---- ..-~---~:.~.--------=. .- .....-/ I,. ,Ii I i
::::: I ~L~t~1I
It (~~ij
....."...1IfttIO
-~---- .~,....
PUDZ-2005-AR-7834
I ~~ I ;1 ~gi! ~hl ilU ~~;w~i~~
!IIII,! . 1!IlII' ill! iiS! !j:1!lil!
~i~ilil .1!flilll!!11 JIIIII!IIIIII
;'UdBvs!l, ~~)~~a ~~w~H~t~~l_fi!~[Kxj
t I.
N ~I
.... .".,
,",,"M
7 of 20
eepe MEETING
i-b-
~s i
.. I
ill i
~ i
1'1 i
I~! i
W~'t' I
w..~ I
z~~ I
-5 I
"" I
m~~1
511i
~ (a
ihl,
WZI>
1:.
g~
a..
a~F.
~l R ..
"n~J
~ ~H OC
i1(
.I!4UIl
WILSON BOULIlVAlIDIGOLDlDI GA'l'Z BOULIIVAIID CIl1I'I'I!Il
c..s:. r:..M,. n.1cN
--
LlilOENJ)
I-~'-I I ~=- ~=-
· I~~ I~ J D =-
~i&~~
WILSON BOULEV ARDI
GOLDEN GATE BOULEVARD
NEIGHBORHOOD CENTER MAP
WELLFIELD LOCATION MAP
PUDZ-2005-AR-7834
8 of20
Agenda Item No. 17C
October 10, 2006
Page 15 of 124
cepe MEETING
Agenda Item No. 17C
October 10, 2006
Page 16 of 124
NEIGHBORHOOD INFORMATION MEETING:
Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent/applicant held
the required meeting on April 11, 2006 at 6:00 p.m. at the Golden Gate Estates branch library.
Approximately 45 persons attended, including the applicant's team and county staff. Kelly Smith of
Davidson Engineering, representing the property owner, gave a brief overview of the proposal and
intended development for a Walgreen's Pharmacy. The contracted developer identified as "Ram
Development" spokesperson, Keny Ann, presented a conceptual rendering depicting "old-Florida"
style architecture. The prope11y owner, Michael Schoeller, stated he has a contract with Walgreen's
pending the rezone approval. Mr. Scholler also said he had an agreement with the Golden Gate
Estates Area Civic Association to provide a 75 foot wide landscape buffer along the rear portion of
the property. A proposed second building may be used for a full-service bank with drive-through
capabilities. Ron Nichols identified himself as representing "River Valley Community Bank". To
other questions posed by audience members, the team responded the following:
1. The building size is proposed to be 15,000 sq. ft.
2. Two access points are proposed: one at Golden Gate Blvd., one at Wilson Blvd.
3. Walgreen's hours of operation are limited by the GGAMP to 6:00 a.m.-II :00 p.m.
4. A drive-through window is being proposed for the pharmacy.
5. The lighting poles are limited to 25 feet
6. Number of parking spaces unknown at this time
There were no statements of opposition to the purposed rezone and proposed development.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of
petition PUDZ-2005-AR-7834 to the Board of County Commissioners (BCC) subject to the
conditions of approval that have been incorporated in the CPUD document, and including the
following:
1. The minimum 25 feet buffering along the subject property's street frontage shall be provided,
2. The minimum 50 feet front building setback for the subject property shall be provided.
PUDZ-2005-AR-7834
9 of20
CCPC MEETING
---"
TZ, C.F.M~ CIP AL PLANNER
DEPARTME OF ZONING AND
LAND DEVELOPMENT REVIEW
REVIEWED BY:
t-tY\~~/ -lh. ntl A.dI-4..ft: -- (J)-;t'd_t-t)Z
MARJ RIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
LLOWS, ZONING MANAGER
DEPJ\. TMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
~~~
/SUSAN MURRAY, AI , DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
APPROVED BY:
/~.~~~
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
Agenda Item No. 17C
October 10, 2006
Page 17 of 124
e '-IS"" -0(.,
DATE
<(j -. I ~-o6
DATE
~/').? I O.j.o
DATE
g- /22/d,b
DATE
Tentatively scheduled for the October 10, 2006 Board of County Conunissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
~~
MARK P."irrRAIN, CHAIRMAN
Attachments: EXHIBIT A - REZONING FINDINGS
EXIDBIT B - FINDINGS FOR PUD
PUDZ-2005-AR-7834
10 of 20
'1"/~t
DATE
cepe MEETING
Agenda Item No. 17C
October 10, 2006
Page 18 of 124
REZONE FINDINGS
PETITION PUDZ-200S-AR-7834
Section 10.03.05 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in
relation to the following) where applicable:
1. Whether the proposed change will be consistent with the goals~ objectives &
policies of the Future Land Use Map and the elements of the Growth
Management Plan.
Pro: The property is located within the Neighborhood Center Subdistrict as identified
in the Golden Gate Area Master Plan. Specific development requirements are
established in the GMP, and the CPUD document contains appropriate references
assuring compliance with the provisions of the Neighborhood Center Subdistrict.
Con: The staff is concemed with the proposed inconsistency to the 25 feet buffer
requirement along the street frontage and the 50 feet front building setback of the
subject propelty due to the potential right of way dedication on Golden Gate
Boulevard and Wilson Boulevard.
Findings: Based on the staffs review, the proposed development would be in
compliance with the Future Land Use Element (FLUE) of the Growth Management
Plan (GMP) for Collier County if the listed conditions were addressed.
2. The existing land use pattern;
Pro: The subject propelty is located at the intersection of Golden Gate Boulevard and
Wilson Boulevard. Properties surrounding the subject propelty are zoned Estates, C-l
Neighborhood Commercial and Wilson Boulevard Center CPUD, and are developed
single-family homes sites, undeveloped Estates lots, existing or proposed commercial
developments. A Golden Gate Tamiami Wellfield is located along Wilson Boulevard.
All of the lots at the corners of Golden Gate Boulevard and Wilson Boulevard
intersection are classified as being in the "Neighborhood Center Subdistrict" within
the Golden Gate Area Mastel' Plan of the GMP. The proposed amendment is
consistent with the Future Land Use designation for this area. The propelty
immediately west of the subject site has petitioned the County to amend the GMP to
identifY it as part of this "Neighborhood Center Subdistrict."
Con: The petitioner's proposes commercial uses that are not compatible with the
adjoining residential land uses in both allowable maximum height, and activity
intensity .
Findings: Staff believes that the petition provides adequate ameliorating factors to
offset the adverse impacts from the proposed land uses, provided the required buffers
are constructed.
PUDZ-2005-AR-7834
EXHIBIT "A"
I1of20
cepe MEETING
Agenda Item No. 17C
October 10, 2006
Page 19 of 124
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The proposed CPUD is located in the southwest quadrant of the "Neighborhood
Center Subdistrict" identified at the intersection of Golden Gate Boulevard and Wilson
Boulevard. The services that will be provided by this CPUD can serve the nearby
residents. Therefore, the subject site will not create an isolated district.
Con: Staff believes that additional area is needed to provide adequate space to support
commercial activities and related support facilities and needed community facilities.
Findings: The proposed Snowy Egret Plaza CPUD is compatible with the adjoining
residential land uses, if the recommended conditions were met, and adequate
ameliorating elements for buffering and building height, setback, and architectural
design would be provided.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The proposed district boundaries are logically drawn and they are consistent with
the "Neighborhood Center Subdistrict" identified in the Golden Gate Area Master Plan
for the GMP.
Con: Staff believes that additional area is needed to provide adequate space to support
commercial activities and related SUPPOlt facilities and needed community facilities.
Findings: The proposed PUD district boundaries are logically, and conform to the
"Neighborhood Center Subdistrict" identified in the Golden Gate Area Master Plan for
the GMP.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The site is designated for a mix of commercial and retail uses that are specified
within the parameters of the "Neighborhood Center Subdistrict" and the applicant
intends to develop the property within the parameters of the "Neighborhood Center
Subdistrict". The lack of commercially zoned property in the Estates and within the
"Wilson Boulevard/Golden Gate Boulevard Neighborhood Center Subdistrict" provide
ample justification for the passage of this proposed amendment.
Con: The proposed petition was a voluntalY action by the petitioner's selection of the
subject property. This site requires the BCC to make a finding that the project is
consistent with the "Neighborhood Center Subdistrict" criteria.
Findings: The proposed Snowy Egret Plaza CPUD is compatible with the
"Neighborhood Center Subdistrict" as identified in the GGAMP of the FLUE in the
PUDZ-2005-AR-7834
120f20
CCPC MEETING
Agenda Item No. 17C
October 10, 2006
Page 20 of 124
OMP for Collier County the proposed conditions would aid in creating ameliorating
elements.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: No adverse impacts to nearby residential uses will result from the proposed PUD
rezoning. The OMP amendment pertaining to this property was adopted on May 14.
2002, September 10.2003, and October 26, 2004. This CPUD rezoning will restrict
use of the property to a mix of intermediate commercial uses and includes provisions
for allowable buildable area, shared parking requirements, limited access to the major
intersecting streets. buffering, architectural style. building height, exterior lighting
restrictions, preservation guidelines, water management guidelines and permitted and
prohibited land uses. The Snowy Egret Plaza CPUD is consistent with these approved
development standards.
Con: The proposed Snowy Egret Plaza CPUD will cause the generation of noise,
odor, and building massing which will be out of scale with nearby residential land
uses.
Findings: The proposed Snowy Egret Plaza CPUD is compatible with the
"Neighborhood Center Subdistrict" as identified in the GGAMP of the FLUE. The
proposed "Wilson Boulevard/Golden Gate Boulevard Neighborhood Center
Subdistrict" criteria would aid in creating ameliorating elements.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of yehicular traffic, including
activity during construction phases of the development or otherwise affect public
safety .
Pro: The Transportation Services Division has reviewed the proposed CPUD and has
incorporated appropriate language into the CPUD document which renders the CPUD
compatible with surrounding uses and the Transportation Element. No level of service
impacts result from this project. The conceptual Master Plan proposes the dedication
of right of way along Golden Gate Boulevard and Wilson Boulevard, as well as future
interconnections to the properties to the west and the south. Therefore, the proposed
CPUD will not excessively increase traffic congestion and is consistent with Policy 5.1
of the Transportation Element.
Con: The Traffic Generation Report prepared for this zoning petition identified that
the Average Annual Daily Traffic (AADT) was projected to be 2,013. This site
development project may have a slight negative impact to the existing roadway.
Findings: Staff believes that the proposed conditions would aid in creating
ameliorating elements which would offset the adverse impacts from the proposed land
uses.
8. Whether the proposed change will create a drainage problem;
PUDZ-2005-AR-7834
130f20
CCPC MEETING
Agenda Item No. 17C
October 10, 2006
Page 21 of 124
Pro: The project will be reviewed and approved subject to l'equirements of Collier
County and the South Florida Water Management District. The CPUD document
incorporates appropriate references to insure that no adverse drainage conditions will
result from the proposed development and incorporates the criteria for utilizing the 75"
foot"wide buffer area for stormwater management.
Con: Urban intensification could potentially increase area"wide flooding in a severe
rainfall event.
Findings: Every project approved in Collier County involving the utilization of land
for some land use activity is scrutinized and required to mitigate all sub-surface
drainage generated by developmental activities.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas;
Pro: The proposed commercial intermediate uses, as specified in the 4'N eighborhood
Center Subdistrict" of the Golden Gate Area Master Plan, will be required to meet
building setbacks and single-story height restrictions. When meeting these
requirements, light and air will not be reduced to adjacent propelties.
Con: The petitioner has proposed that "Upon the determination of the right of way
needs, the developer, his successor and assigns agrees to donate at no cost to the
county up to the reserved right of was area as defined on the master plan, not to exceed
an additional 25 feet on either roadway. The dedication right of way area shall count
towards and necessary buffers and setbacks." The uses of the buffer area and setback
reductions were proposed by the TranSpOliation Services Division.
Findings: All projects in Collier County are subject to the development standards that
are unique to the zoning district in which it is located. These development standards
and others apply generally and equally to all zoning districts (i.e, open space
requirement, corridor management provisions. etc.) and were designed to ensure that
light penetration and circulation of air does not adversely affect adjacent areas.
10. Whether the proposed change will adversely affect property values in the
adjacent area;
Pro: Urban intensification typically increases the value of adjacent or undemtilized
land.
Con: Property valuation is affected by a host of factors including zoning; however,
zoning by itself mayor may not affect values, since value determination by law is
driven by market value. The mere fact that a property is given a new zoning
designation or amendment mayor may not affect value. However, staff is of the
opinion that this petition could adversely affect property values based on the projects
incompatibility to the Land Development Code and the adjoining property as identified
previously.
PUDZ-2005-AR-7834
140f20
CCPC MEETING
Agenda Item No. 17C
October 10, 2006
Page 22 of 124
Findings: This is a subjective determination based upon anticipated results which may
be internal or extemal to the subject property, and which can affect propelty values.
Property valuation is affected by a host of factors including zoning; however, zoning
by itself mayor may not affect values, since value determination by law is driven by
market value. The mere fact that a property is given a new zoning designation mayor
may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable
Findings: The basic premise underlying all of the development standards in the Land
Development Code is that their sound application, when combined with the site
development plan approval process and/or subdivision process, gives reasonable
assurance that a change in zoning will not result in deterrence to improvement or
development of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro: The subject property is designated Urban (Urban - Mixed-Use, Urban Residential
Subdistrict), as identified on the Future Land Use Map of the Growth Management
Plan. The purpose of this subdistrict is to provide for higher densities in an area with
fewer natural reSOUl'ce constraints and where existing and planned public facilities are
concentrated.
Con: The staff is concerned with the proposed inconsistency to the 25 feet buffer
requirement along the street frontage and the 50 feet front building setback of the
subject property due to the potential right of way dedication on Golden Gate
Boulevard and Wilson Boulevard.
Findings: The proposed rezone to CPUD is compliance with the Growth Management
Plan with the conditions that have been identified, which is a public policy statement
supporting zoning actions when they are consistent with said plans. In light of this fact
the proposed CPUD would constitute a grant of special privilege. Consistency with
the FLUE is further determined to be a public welfare relationship because actions
consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro: Under the approved Neigbborhood Center Subdistrict, only the specified
intennediate commercial uses can be developed on this site. The proposed CPUD
document is designed to meet the Neighborhood Center Subdistrict regulations, as
well as prohibiting hazardous materials within the Zone I of the Golden Gate Tamiami
Wellfield.
PUDZ-200S-AR-7834 15of20 eepe MEETING
Agenda Item No. HC
October 10, 2006
Page 23 of 124
Con: The property is presently undeveloped. The subject propelty could be developed
within existing Estates zoning regulation.
Findings: Staff believes that the proposed staff recommendations would aid in
creating ameliorating elements which would offset the adverse impacts from the
proposed land uses.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
Pro: The request is consistent with the GMP, and is therefore, within the needs of the
community. The "Neighborhood Center Subdistrict" limits the uses allowed and
identifies prohibited uses. The "Neighborhood Subdistrict" provides regulations for
buffering, preservation areas, access, and open space requirements. An "Old Florida"
architectural style is required for the roofline of the commercial buildings, and the
building height is limited to one (1) story. with a maximum height of 3 5 feet.
Con: The adjoining properties have been developed within the limitations of the
building height requirements of the Estates Zoning District regulations, which has a
relatively low profile.
Findings: Staff believes that the proposed staff recommendations would aid in
creating ameliorating elements which would offset the adverse impacts from the
proposed land uses.
15. Whether is it impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use?
Pro/Con: Evaluation not applicable
Findings: There are many sites, which are zoned to accommodate the proposed
development. This is not the determining factor when evaluating the appropriateness
of a rezoning decision. The determinants of zoning are consistency with all elements
of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of
the action and all of the above criteda.
16. The physical characteristics of the property and the degree of site alteration,
which would be required to make the property usable for any of the range of
potential uses under the proposed, zoning classification.
Pro: Any development of this site would require considerable site alteration with the
existing or the proposed zoning.
Con: The configuration of the property and the limitations of accessibility for the use
of portions of the subject property restrict the intended use and design for a
"Neighborhood Center" as identified in the GMP.
PUDZ-2005-AR-7834
16 of 20
CCPC MEETING
Agenda Item No. 17C
October 10, 2006
Page 24 of 124
Findings: Staff believes that the proposed that the ingress and egress location on
Golden Gate Boulevard, the coordination of entrance alignments with the Wilson
Boulevard Center CPUD on Wilson Boulevard, and the future interconnections with
the properties to the south and the east, would aid in creating ameliorating elements
which would offset the adverse impacts from the proposed land uses.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable
Findings: A multi-disciplined team responsible for reviewing jurisdictional elements
of the GMP and the LDC public facilities requirements has reviewed this land use
petition and found it consistent and in compliance for zoning approval. A final
determination whether this project meets the full requirements of adequate public
facilities specifications will be determined as part of the development approval process
PUDZ-2005-AR-7834
17 of 20
eepe MEETING
Agenda Item No. 17C
October 10, 2006
Page 25 of 124
FINDINGS FOR PUD
PUDZ-2005-AR- 7834
Section 10.03.05 of the Collier County Land Development Code requires the Planning Commission
to make a finding as to the CPUD Master Planst compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, t.'affie and
access, drainage, sewer, water, and other utilities.
Pro: The property is designated for commercial intel1nediate uses as identified by the
Neighborhood Center Subdistrict of the Golden Gate Area Master Plan (GGAMP). The
site is located at the intersection of Golden Gate Boulevard and Wilson Boulevard, and is
located in the "Neighborhood Center Subdistrict" of the GGAMP.
Con: The staff is concerned with the proposed inconsistency to the 25 feet buffer
requirement along the street frontage and the 50 feet front building setback of the subject
property due to the potential right of way dedication on Golden Gate Boulevard and
Wilson Boulevard. The "Wilson Boulevard/Golden Gate Boulevard Neighborhood
Center Subdistrict" is surrounded by residential land uses. The "Neighborhood Center
Subdistrict" in the Golden Gate Area Master Plan was developed with criteria, such as:
wider buffering areas along the fronting streets; extensive buffering areas along adjoining
Estates zoned lots; greater building setback distances; building height; and architectural
design, to minimize the adverse impacts to the sUlTounding non-commercial land uses.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided
or maintained at public expense.
Pro/Con: Evaluation not applicable
Findings: Documents submitted with the Snowy Egret Plaza CPUD application provide
evidence of unified control. The POO document makes appropriate provisions for
continuing operation and maintenance of common areas.
3. Conformity of the proposed Planned Unit Devclol>mellt with the goals, objectives
and policies of the Growth Management Plan (GMP).
Pro: The applicant has identified in the "Statement of Compliance" of the Snowy Egret
Plaza CPOO document will be in compliant with the planning goals and objectives of
Collier County as set forth in the Growth Management Plan.
EXHIBIT "B"
PUDZ-2005-AR-7834
18 of 20
cepe MEETING
Agenda Item No. 17C
October 10, 2006
Page 26 of 124
Con: The petitioner has proposed that "Upon the determination of the right of way needs,
the developer, his successor and assigns agrees to donate at no cost to the county up to
the reserved right of way area as defined on the master plan, not to exceed an additional
25 feet on either roadway. The dedication right of way area shall count towards and
necessary buffers and setbacks." The uses of the buffer area and setback reductions were
proposed by the TranspOltation Services Division.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses. The
"Wilson Boulevard/Golden Gate Boulevard Neighborhood Center Subdistrict" was
approved with as an integral part of the Golden Gate Area Master Plan (See Staff
Report).
4. The intel'llal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Pro: Staff analysis indicates that the CPUD is compatible, both internally and externally,
with the proposed uses and with the existing surrounding uses.
Con: The petitioner has proposed that "Upon the determination of the right of way needs,
the developer, his successor and assigns agrees to donate at no cost to the county up to
the reserved right of way area as defined on the master plan, not to exceed an additional
25 feet on either roadway. The dedication right of way area shall count towards and
necessary buffers and setbacks." The uses of the buffer area and setback reductions were
proposed by the Transportation Services Division.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses (see Staff
Report). The surrounding land uses are non-commercial.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro: The CPUD document and conceptual master plan make specific provisions for open
space and preservation areas consistent with the GMP and Land Development Code,
Con: The staff is concerned with the proposed inconsistency to the 25 feet buffer
requirement along the street frontage and the 50 feet front building setback of the subject
property due to the potential right of way dedication on Golden Gate Boulevard and
Wilson Boulevard. While this subject propelty is less that five acres, and would not be
required to meet the minimum thirty percent lot area, the reduction of the buffer areas
along the two fronting roadways will also reduce the total open space on the subject
property.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses.
PUDZ-2005-AR~ 7834
19 of 20
cepc MEETING
Agenda Item No. 17C
October 10, 2006
Page 27 of 124
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Pro/Con: Evaluation not applicable
Findings: The proposed Naples Daily News BPPUD will not adversely impact the timing
or sequence of development that is currently allowed in the area. Furthermore, the
adopted concurrency requirements ensure that further LOS degradation is not allowed or
the LOS deficiency is corrected.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable
Findings: Ability, as applied in this context, implies supporting infrastmcture such as
wastewater disposal system, potable water supplies, characteristics of the property
relative to hazards, and capacity of roads, is sUPPOltive of conditions emanating from
urban development.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro: Staff analysis indicates that the Snowy Egret Plaza CPUD conforms to the PUD
regulations.
Con: The staff is concerned with the proposed inconsistency to the 25 feet buffer
requirement along the street frontage and the 50 feet front building setback of the subject
property due to the potential right of way dedication on Golden Gate Boulevard and
Wilson Boulevard.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses, which
includes the staffs recommendation that of the requested deviation.
PUDZ-2005-AR- 7834
200f20
cepe MEETING
Agenda Item No. 1.7C
October 10, 2006'
PUDz...2005-AR-7834Page 28 of 124
PROJF,CT #2005040083
DATE: 6123/05
MICHAEL DERUNTZ
APPLICATION FOR PUBLIC HEARING FOR:'
IXIPUD REZONE (PUDZ)
DpUD TO PUD REZONE (PUDZ-A)
Planner Assigned: Michael DeRuntz
Commission District:
Petition No.:
Date Re'ceiv~:
ABOVE TO BE COl'v1PLETED BY STAFF
1 . General Information:
Name of Applicant(s) Black Bear Properties of FL. LLC
Applicant's Mailing Address 840 JUllI! Blvd. W
City Naples
State
FL
Zip
34120
Applicant's Telephone #
(239) 455-5541
Fax #
N/A
Applicant's E-Mail AddreSs:
N/A
Name of Agent
Inc.
Kelly Smith
Finn
Davidson Engineering.
Agent's Mailing Address
2154 Trade Center Way. Suite 3
City' Naples
State
FL
Zip
34109
Agent's Telephone # (239) 597-3916 ext. 213
Fax # (239) 597-5195.
Agent's E-Mail Address:kelly@davidsonengineering.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF WNING AND LAND. DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-2400/FAX (941) 643~6968
Apolicatlon For Public Hearlnil For PUD Rezone 6/14/04
Agenda Item No. 17C
October 10, 2006
t:'age 29 of 124
:.-.
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly
. ..
and ensure that you are in compliance with these regulations.
Complete the foHowing for all Association(s) affiliated with this petition. (provide additional sheets
if necessary)
Name of Homeowner Association: Nt A
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing .Address
City
State _ Zip.
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
N/A
Mailing Address
. City
State _ Zip
Name o.f Civic Association: Golden Gate Estates Area Ci~c Association c/o Mario Valle. Pr~sident
, .
Mailing Address 961 Murcott Drive
City Naples State
FL
Zip 34120
2 . Disclosure of Interest .Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy
in common, or joint tenancy, list all parties with an ownership iuterest as well as UJ,e
percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
ADDUeatlon For Pl1blle Hellrlnll FDf PUD ReUlne 6/14/04
Agenda Item No..17C
October 10, 2006
Page 30 of 124
b, lfthe property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each.
Name and Address, and Office
Percentage of Sto,?k .
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
"'"'~= '..".nl'I!fi1"" {tJ~,. [ft. ...."~
~~". .",,'., ."'-- . ---"
. ,. ,- I" j, '.,",'.~ ...., i&':'
, ' ". .. r. ~'.... 'v'_vr.
840 Jung Blvd. W. Naples. 34120
~.w.t~i)JliJ'1~~~B'..r1\lF'~
;!},~Y.WJ;tM.lIL~~;'j.'\'.A~_._.l~Qlfl
y'(oX
Name and Address
PliDk...rtll
8306 Southridge Drive. Rothschild. WI 54474
_SeX
. .
.~.~lits
1720 Bukhorn Road. Arbo Vitae. WI 54568
]C)~
e. If there is a CONTRACT FOR PURCHASE, with 'an individual or individuals,' a
Corporation, Trustee, or a Partnership, 11st the names of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners,
Name and Address
Percentage of Ownership
ADnlleatlon For PubUc Iiearlll~ For POO Rezone 6/14/04
Date of Contract:
Agenda Item No. 17C
October 10, 2006
Page 31 of'124.
. f. If any contingency clause or contract terms involve additional parties, list all individuals
or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired (X) -leased ():
3/7/05 Term oflease
yrs./mQs.
If, Petitioner has option to buy, indicate date of option:
tenninates: , or anticip~ted closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase occur . subsequent
to the date of application, but prior to the date of the final public .
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
3. Detailed lel!al description. of the'property covered bv the application: . (If .space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in.each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so at the pre-application meeting. .
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer1s certification or sealed survey may be
required.
Section:.
. i~/
I
Township:
49
Range:
27
Lot: NI A Block:
Nt A Subdivision:
Goldl;(n Gate Estates Unit 12
Plat Book_ Page #:
Property LD. #:
37169520009
4.
Metes & Bounds Description; . See Attached ~~-a
~b?- - . ... t. r ~.. tt( {tV
05ft. X 303.55ft. = Total Sq. Ft. 183647.8 Acr~s .,4~Z---
?-17fJl' --~~~ ~
Address/t!enerallocation of subject property: SW Comer of Wilson Blvd. &
Golden Gate Blvd.
5.
6.
pun District (LDC 2.2.20.4):
o Residential DCommunity Facilities
[&] Commercial 0 Industrial
Applieatlon For Public Hearinl! For PUD Rezone 6/14/04
Agenda Item No. 1.7C
October 10, 2006
Page 32 of 124 .
7. Adjacent zonine: and land use:
Zoning
Land use
N
ROW &E-ST/WSl
Golden Gate Blvd. & Undeveloped
S
E-STIWSl
Undeveloped
E ROW & POO (Wilson Blvd Center POO) Wilson Blvd. & Undeveloped
w
E-STIWSl
Undeveloped
Does the owner of the subject property own property contiguous to the subject property? If
so, give complete legal description of entire contiguous property, . (If space is inadequate,
attach on separate page). N/ A
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book_ Page #:
Property LD.#:
Metes & Bounds Description:
8. Rezone Reauest: This application is requesting a rezone from th~ E-E-STIWS 1 zoning
district(s) to the C PUD zoning district(s).
~resent Use of the Property:
Vacant
Proposed Use (or range of uses) of the property:
In the GGAMP Neighborhood centers
C-l through C-3 as permitted
Original PUD Name:
Ordinance No.:
9. - Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development Code. staffs analysis and recommendation to the Planning Commission.
and th~ Planning Commission's recommendation to the Board of County Commissioners shall
be based upon consideration of the applicable criteria noted below. Provide a narrative
statement describing the rezone request with specific reference to the criteria noted below. .
Include any backup materials and documentation in support of the request.
AUlllicatlon For PubUc Hearin!! For PUD Rel':one 6f14/04
PUD Rezone Considf1rations fLDC Section 2.7.3.2.$)
Agenda Item No. 17C
October 10, 2006
Page 33 of 124
1. 71te suitability of the area fur the type and pattern of development
proposed in relation to physical characteristics of the land,
SUJTOlDtdingareas, trqffic and access, drainage, sewer, water, and
other utilities.
This petition seeks to convert 5.2 acres of land zoned Estates (E) to Commercial
PUD for the development of a commercial center.
The property is bounded by Golden Gate Boulevard to the north and Wilson
Boulevard to . the east. Access to the site will be through both Golden Gate
Boulevard and Wilson Boulevard. The adjacent properties are all currently
undeveloped. The proposed project will comply with all buffer requirements set
forth in the Collier County Land Development Code. While central water and
sewer services do not exist in this area, the subject property is part of a
Neighborhood Center which anticipates the type of development proposed. Based
upon these .factors the proposed project is compatible with the adjacent
properties. .
2. Adequacy of evidence of unified control and suitability of any
proposed agreements, contract, or other. instruments, or fur
.amendments in those proposed, particularly as they may relate' to
arrangements or provisions to be madefur the continuing operation'
and maintenance of such. areaS and facilities that are not tv be
provided or maintained at public expense. Findings and
. recommendations of this type shall be made only aft:er' consultation
with the county attorney.
The' land is owned by the petitioner. Any common areas within the project,
including all preserve areas, will be owned and maintained by the property
owners.
3. CorifQrmity -of the proposed PUD with the goals, objectives and
policies of the growth management plan. .
The proposed project is consistent with the Collier County Growth Management
Plan (GMP) and the Golden Gate Area Master Plan (GGAMP) through the
application of the development standards contained in this PUD. The proposed
project is consistent with the following specific policies and objectives: .
Policy 1.1.2 of the GGAMP: The subject property is designated Estates-Mixed Use
District and Neighborhood Center Subdistrict per.
Policy 5.4 of the GMP: The proposed development is compatible With and
complimentary to surrounding land uses.
Policy 2.2.2 of the Conservation and Coastal Management Element (CCME) is
furthered by the water management design of the project which utilizes
ADplli:lIuon Fflr. Publlc Hellrlnl! For l'UD R.ellonB 6/14/04
Agenda Item No. 17C
October 10. 2006
conservation areas for water management. As a result, the cumulativeFimf>a~tisf ~f4
run-off are reduced and water quality treatment is improved.
The project -development is planned t-o prot-ectthe functiomngof natural-drainage
features and natural groundwater aquifer recharge areas as described in Objective
1.5 of the Drainage Sub-Element of the Public Facilities Element.
The project shall be in compliance with Objective 3.1 of the Conservation and.
Coastal Management Element of the Gr-owth Management Plan.
4. The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements,
restrictions on design, and buJferi.ng and screening requirements.
The proposed PUD complies with the buffering requirements for Neighborhood
Centers set forth in the Golden Gate Area Master Plan. The proposed PUD also
complies with the buffering requirements of the Collier County Land
Development Code. The proposed uses, setback requirements and maximum
building height are consistent with existing and potential adjacent land uses.
5. 1he adequacy of 'USable -open space areas in existence and as
proposed to serve the development.
The subject property is currently undeveloped, and therefore the existence of
~able open space is not applicable. The proposed project will meet or exceed the
required open space for a residential PUD.
6. The timing or sequence of development for the purpose of assuring
the adequacy. oj available improvements and facilities, both public
. and private.
The project wiUcomply with the County Adequate Public Facilities ordinance. No
capacity issues are known at this time.
7. The ability of the subject prop~ty and of surroWtding areas to
accommod~te expansion.
Room for expansion is not a ccmsideration as the proposed PUD -will fully utilize
the subject property.
8. Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination, that
such modifications of just\fied as meeting public purposes to a
degree at leaSt equivalent to literal application of such regulations.
The proposed PUD complies with all applicable regulations set forth in the Collier
County Land Development Code for a commercial development. No deviations
from the LDe are requested.
AnnUclIffon For Public Hearlnll For POD Rezone 61:l4/04
Agenda Item No. 17C
October 10, 2006
Page 35 of 124
9. Deed Restrictions:. The County is legally precluded from enforcing deed restrictions, however,
many communities have adopted such restrictions. You may wish to contact the civic or
property owners aSsociation in the area for which this use is being requested in order to
~certain whether or not the request is affected .by existing deed restrictions.
10. Previous land use netitions on the subiect nronertv: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? None
11. . Additional Submittal reauirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for _ a specific rise, provide twenty (20) copies (this
includes: HUl if affordable housing, Joyce Ernst, ifresidential and Immokalee/Water Sewer
District, if in Immokalee) ofa 24" x 36" conceptual site plan [and one reduced 8W' xII"
copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the
following [Additional copies of the plan may be requested upon completion of staff
evaluation for distnbution to the Board and various advisory boards such as the
Environmental Advisory Board (EAB), or cepC];
. all existing and proposed structures and the dimensions thereof,
· provisions for existing andlor proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
· aU .existing and/or proposed parking and loading areas {include matrix ,indicating
required and provided parking and loading, including required parking for the
disabled],
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the
site),
· proposed and/or existing landscaping and buffering as may be required by the COtU1ty,
C. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (HIS), as required by Section 3.8. of tbe Land
Development Code (LDC) , or a request for waiver if appropriate.
AonUcatlon For'Publl~ Hllarlmr For PUD Rezone 6114/04
Agenda Item No. 17C
October 10, 2006
e. Whether or not an EIS is required, two copies of a recent aerial photograph, ~itbti4
the previous twelve months), minimum scale of one inch equals 400 feet, shall be
submitted. Said aerial shall identify plant and/or wildlife habitats and their bOWldaries.
Such identification shall be consistent with Florida Department of Transportation Land.
Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or
square feet) of native vegetation on site, by area, and a calculation and location(s) ofthe
required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
f. Statement of utility provisions (with aU required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological surveyor waiver application if property is located within an
area of historical or archaeological probability {as identified at pre-application meeting);
1, Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
J. The petitioner must provide a letter of no objection from the United States Postal Service
prior to submittal of the application. Please contact Robert M. Skebe, Growth
Management Coordinator at:
U.S, Postal Service
1200 Goodlette Road
Naples, Florida 34102-9998
Phone (239) 435-2122; Fax (239) 435-2160
. k. An electronic version of the PUD on a disk as part of this submittal package.
1. Boundary Survey, no more than six months old - LDC Section 2.7.3.1,2.(8)
Please be advised tltat Section 2.7.2.3.2 (3) of the Land Development Code requires
an applicant to remove their public hearing advertising sign (s) after fmal action is
taken by the Board of County Commissioners. Based on the Board's final action on
this item, please remove aU public hearing advertising sign (8) immediately.
Land Use Petition Continuance Fees:
Two days or less prior to meeting = $500
Requested at the meeting = $750
Additional required advertising charged in addition to continuance fees
ADoUcatjllD For Public Hearlnl! For PUD Rll2;onll 6/14/04
PUDZ~2005.AR-7834
PROJECT #20056QOO" Item No. 17C
DATE: 6/23/05 O'ctober 10, 2006
MICHAEL DERUNTZage 37 of 124
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST
1.
NAME OF APPLICANT:
Black Bear Properties of Florida, LLC .
CITY
Naples
840 Jung Blvd. West
STATE FL
ZIP
34120
2.
MAILING ADDRESS:
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
& Golden Gate Blvd.
Comer of Wilson Blvd.
3.
4.
LEGAL DESCRIPTION:
See attached survey
Section:
9
Township:
49
Range:
27
Lot: . N/A Block: N/A Subdivision: N/A
Plat Book Nt A Page #: Nt A
Property I.D.#:
37169520009
Metes & Bounds Description: See attached survey
5 . TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check applicable system): .
ci.. COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGETREATMENTPLANT 0
(GPD capacity)
e. SEPTIC SYSTEM [&]
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM ('YELL) .
TOTAL POPULATION TO BE SERVED~
o
D
o
[E]
7.
15.682 SF
8. PEAK AND A VERAGE DAILY DEMANDS:
A. WATER-PEAK 6.272.6 gpd AVERAGE DAILY 1.568.2 gpd
B. SEWER-PEAK 6.272,6 gpd AVERAGE DAILY 1.568.2 gpd
A,DDlIcatlon For Public HeRrlnll For PUD Rezone 6/14/04
Agenda Item No. 17C
October 10,2006
. Page 38 of 124
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM~ PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED: N/A
10. NARRATIVE STATEMENT: Provide a briefand concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be ~ed, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in effect at
the at time.' This statement shall also include an agreemen.t that the applicable system
development charges and 'cOllllection fees will be paid to the County Utilities Division prior to
the issuance of building permits by the County. If applicable, the statement shall contain shall
contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems.
12. STATE:MENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless
waived or otherwise provided for at the pre-application meeting~' if the project is to receive
sewer or potable water services from any provider other than the County, a statement from
thatprovide~ indicating that there is adequate capacity to serve the project shall be provided.
Utility Provision Statement RJM 10/17/97
APDUclltion For Public Hellrlnl! For PUD Rezone 6/14/04
. (.)~,~
,.. -
o (5
ZOO)
...-C')
E(j;(I)
~-g ~ N
C1l.....~ ~
-g~~ Z
-(I) ['-- ~ ;J
Ol~Q c::
<I:'::;:QIl'lr:.::l
......N~~
~=E~
~~~~
@~~~
~~~~
--
-==-.. ....-
'--'~:::~-~i~~~~l=~~~--~~~~~~~~---l
1nolIIio"l\IiI - I .~...!~ _ _ _ _ _ ~ . I
10
5'~ ---
=_..::=. ...
III ..............
. ...... I.....,
1"';15'"
"I!!
~i
~
i~i
111~
11..1::
ZWIll
mi~
z~~
w~... -
Ii"'"
~~Id
:~f;
- ~ -10
=o-~~
a~ iE~
Wzo
~~
a 0;:
~;
0:
l5
i!h!
~JlI-
i!
132/28/2085 23:53 .6595724
. ~/;~ D~';;in..ri"
ADDRESSING Agenda Itenf~~~17~
{THU}MAR 10 2005 IO:34/ST. 10:33/NO. ~~~t9JJ\~~~
Pa0e.1 of~>
.AJ)DJUJSSING CHECKLIST '
Please complete the followmg 8IId submit to .the AddresaiDg Section (or R.eview. li'~,l.,l ,. will ~ x..m .
, em;' pI'\lj~. lLeq)s.m boW m-e are ~ire4
1. I.epl deseliption of subject ~ or properties (copy of Itmgthy dGcription "'IV be flttflched) . .
. see attac~ s~on ~ TC~ 49. Ratlll8 2~ ~ tmVl, ~ ~ ~ ~~ ~. U ~'--J t ~ ~~ 'U;
2. l'oHo (Property ID) D..mh~r(.) of abOve (attach to. 0" assoCiate with. legal descrlptifPJ if more tlul a one) . .
37169-520009
3. Street address or addresses (ra appliCQble~ if nlNOdy anigned)
, ~
4. Location ma~ showing exact location. ofprojectlrite in relation to nearest ~blic road rigbt.-of"way [llttQc1(,
S. Copy of survey (NBBDBD ONLY POR, UNPLATTBD PROPBRTJE8) . '
6. Propo.ed project name (If tJPPltcab/e) . .' .'.
alaokBearPUD - -PiPJfr_~ N~ .McH ofprnved ~ ~ tc~€> -~
7. Proposed ~ namet (j.f applidhble>. . . .
8. Site Development PIBD. Number (fOR EXISTING PROmCrs!slTBS ONLY) .
SDP...AR.-
9. Petl~cm 1.'YPe - (Complete IU~ Addnesing Check1ist fur eacb Petition Type)
D $DP (Site Develapmwt Plan) 0 PPL (PIarIa":Plat B.eview)
a SDPA (SDP AmmcJment) 0 PSP (PreIimioBfY SubdivisIon Plat) .
o SDPl (SDP ln9ubst8ntiaJ Change) 0 FP (Fmal plat)
8 SiP (Site Improvement PlaD) 8 LLA (Lot Line Adjustment)-
. SIPA (SIP Amendment). BL (B'1aatittg pennit) .
o SN1l (Stteet Nam: Cbsoge) BROW (ltigJn..ot'..Way Pemrit)
o Yeget8lioDlBxotlc (Veg. R.emoVal:Permits) BXP (&cavation.Permit). -
l!I Land Use Petition (Variance, Conditioual Use, 0 VRSPP (V8I. Removal &:. Site Fill Perl nit)
Boat Dock k.~ Rezone, I!J.1J2 RZOAA etc.)
. 0 Other - Describe: COuametc.lal PUD wif!rin Jl aeiebborboo4 eemer
10. Project or dev8lopm6nt uames proposed tor, or a1ready appeat ifta in, condominium documents '(if
applicab1ej inc1icatt: whether proposed or existing) . . . .
11. P\cue Cheok One: ....Ii] Checklist is to be Faxed BIek 0 Personally Picked. U., . .
12. Appbnt Name _ToclaNaoo1eoni, Davidtan E~eerinfl.. Inc. PIlo.. ;l39..s97.3~~ 239..59 l..519t
13. Signature on Addressing CheCklist docs not consritute Project andlor Street Name approval and Is IU ~ect to
. funbor' revieW by the Addressm, Section. - . .
lOR S'rA.FF USE ONLY
Prinwy Numbq ~ S L~3
.Address Number g$Soq .
Addt'esa Nnmbet:
Add.reisNumbar A~by JL II:J f11~ Date ~-.U- 9 5'~
~ 3-21...ot
PUDZ-2005-AR-7834
PROJECT #2005040083
DATE: 6/23/05
MICHAEL DERUNTZ
Agenda Item No. 17C
October 10, 2006
Page 41 of 124
-=- UNITED STLlTES
I!iii POSTL1L SERVICE
April 19 ~ 2005
.:. ~.~ " 1 f\
,I .:.'
/'{V;5
...../V
PUDZ-200S-AR-7834
PROJECT #2005040083
DATE~ 6/23/05
MICHAEL DERUNTZ
Tocia Napoleoni
Davidson Engineering
2154 Trade Center Way
Suite 3
Naples~ Fl. 34109
Letter of no objection;
Snowy Egret Plaza,
The Postal Service has no objection to delivery in your development, pending the mode of delivery in
which we will establish in accordance with your approved P.D.D.
Sincerely~
~~
Bob Skebe
Growth Management. .
NAPLES MAIN OFFICE
1200 GOODLETTE RD N
NAPLES, Fl34102-9998
Agenda Item No. 17C'
October 10, 2006
Page 42 of 124
As property owner Well further authorize Davicl.son Engineering, Inc. to act as. our/my representative
in any matters regarding this Petition. .
~
Signature of Property Owner
Signature of Property Owner
I1L(h,<fc~r tf ~c~ 0 e.[fe/-'
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this g day of-.1J~I. , 2005, by
In IMt:;./:Tl. 5'c.)/oUU? who is personally known to me or hasprod~c-:d7 .
R.o(.. S f' ~CJ ~-c,.,:j; 'l 5 ct leas identification. .'
State of Florida
County of Collier
ature afNotary Publi
Florida)
llNDA W1LMERING
CoMMISSION # 00337950
EXPIRES jUl '4, 2008
8QWOI:D 'n<<O'JGli
RllINsuu-NCE COWoI~
~~NO(.J M{r1B~/NGj
(Print, Type, or Stamp Commission'ed
Name of Notary Public)
Application For Public Hearln!! For PUD Rezone 6f14/04
PUDZ-2005-AR-7834
PROJECT #2005040083
DATE: 6/23/05
MICHAEL DERUNTZ
Prep.r.d by:
Dougla. L. Rankin, Bsq.
2335 Tamiam! Trail North
Su1te 308
Naples. Florida 34103
(2391 262-0061 (Without Opinion)
Agenda Item No. 17C
October 10, 2006
*** 3570399 OR: 3746 PG: 3,!pe*~of124
RJCORDID in OllICIAL UCOJD, of COLLlBI COIlRft, rt
03/01/1005 It H:52AK IIIIIGBT I. BROCI, mar
con llmoo,oo
RJC PJI IMO
DOC- . 70 USU D
leto:
eRm D BLVD
800 BARBOUR DR , 5
IIAms PL 34103 USl
Par..IIDNltlnbOrl 37169520009
Warranty Deed
Thlllndenture, MadetlUs 28th !lay of February , 2005 AD., Between
William P.V. Gallagher and Barbara J. Gallagher, husband and wife
of llIe Counly D! Collier , SIa!e of 1I'lorida , grantor'll, aOO
Black Bear Properties of Florida, LLC, a P'lorida limited liability
company
whose address is; 840 Jung Boulevard West, Naples. FL 34120
<>f tho Co.My ot Collier
SlI10 of Florida
, gr8Rtee~
Witnesseth chit ~IC GRANTORS, tor and In cOIIIMotion oflllOlllm of
.-----------------------TBN DOLLARS (~10) ----------------.------ DOLLARS,
Ind other ,00<1 and valuable ellll!fdetallon 10 OIl.ANTORS In lu.nd paid by ORANTI!E, lhe l'el:eipl whmor II hmb~ aolcnowRdsed. "'.0
_led. barsllned and.old CO 1111 ..ill ORANTIll'! snd ORANTEE'S hei.., .ucc..aolS and ....lsl15 forever, Ih. (bllowins delleribed land, sllUlte,
lylRlandbeln,inlheCounlyor Collier Slate of Florida lewll:
All of Tract 125, Unit No.
plat thereof recorded in
Reoords of Collier Coun
according to the
106, Public
The property herein c
property of the Grant
Naple8. FL. 34104 an
only to the
e the HOMESTEAD
at 1883 Harbor Lane.
s vacant land.
1) F.a vaJ.orem and non ad
'PQ ing and subsequent
~ restrictions imposed
1, gas and mineral.
ons, reservations and
snd !he /lI1Ullo," do hereby fully warrllDt lbe till. to .ald land, nnd will d.rend !he sun. SpIM. lawful c\tll!\l of aU peltON WhOIlU08Vot.
In Witness Whereof, lite gnmo," have hereuntD .el lIteir hinds and Beak tho day and year fint above wrlllen,
Signed, sealed and delivered In our presence:
~-=
printed Name; ~~/~~,,~k~
witness .
p~el OU.;;. 4'~
Witness
~i:fG.'~~
P.O. Addtess: 1883 Ha;;} L.ne, Naplea, FL34 104
~~~l~~ j
P.O. Addrcsr: 1883 Ha,bor Lane, Napl.s, FL 34104
(Seal)
(Seal)
STATE OF Plorida
COUNTY OF Collier
The roresolne ,..!rum..l w'" "'knowledRoo betore me IIti. 2 8th dl~ of
William F.V. Gallagher and aarbara J. Gallagher,
February , 2005
husband and wife
by
CRAIG D, llUlMf
IolY ~SlON I DO 027963
El(1'IR'CS:M8y 22,2<<l5
~lhlPNowyPtMC"'N'fI'"
driver's license asrdcntttlc.t1or
PUDZ-2005-AR-7834
PROJECT #2005040083
DATE: 6/23/05
MICHAEL DERUNTZ
.~
Prin Name.
Notary Publio
My Comml..lon Ellplm:
WilD I'" plIISonllly known 10 m. or who havc produced theIr U . S .
GlJU,W.cmB
Lu.cI' OtIMtllod byO tNpb.y ')Wtl!l'l'll. ,..~.. 1003 ~I&J) ?6).~SU PcolTll ft.\lm.1
Petitio.n No: PUDZ-2005-AR-7834
Agenda Item No. 17C
October 10, 2006
Page 44 of 124
AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL
NOTICE TO AFFECTED PROPERTY OWNERS
I hereby certifY-that pursuant to Subsections 2.7.2.3.2.4. and 6. of the Collier County
Land Development Code, I did give notice for the public hearing before the Collier County
Planning Commission on April20~ 2006 by U.S. mail to the affected property
owners at the addresses provided to me by the Collier County Property Appraiser's
Office on March 31. 2006.
Dated this J (~ay of -d ~
2006.
Per attached letters which are hereby made a part of this
Affidavit of Compliance
~~ .10 ANN V ALBNTINE
~ .,if MY CuMMISSION 11 DDSD5867
"'O,I\P" B..,{"i:l.ES: .0". oJ, lOll)
{4071 300.0' U~ no:'" '1 ,~'iM... :"'.1' oO.com
~
~ .3/Ij~~
Agenda Item No. 17C
October 10, 2006
Page 45 of 124
ORDINANCE NO. 06 -
AN ORDINANCE OF nIB BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY fROM 11-1E
ESTATES (E) ZONING DISTRICT WITH WELLFIELD
RISK MANAGEMENT SPECIAL TREATMENT (Wl)
OVERLA Y (E-ST/WS I) TO THE COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR A CPUD TO BE KNOWN AS THE
SNOWY EGRET PLAZA CPUD. LOCATED AT THB
SOUTHWEST CORNER OF THE INTERSECTION OF
GOLDEN GATE BOULEVARD (CR 876) AND WILSON
BOULEV ARD, IN SECTION 9, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 4.19 ACRES; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Kelly Smith of Davidson Engineering, Inc., representing Black Bear
Properties of FL LLC, petitioned the Board of County Commissioners to change the
zoning classification of the subject real property pursuant to pctition number PUDZ-
2005-AR-7834.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein descdbed real property located in Section
9, Township.49 South, Range. 27 East, Collier County, Florida, is changed from the
Estates, Wellfield Risk Management Special Treatment (W-l) Overlay Zone (E-ST/WSI)
to a Commercial Planned Unit Development (CPUD) Zoning District in accordance with
the Snowy Egret Plaza CPUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein, The appropriate zoning atlas map or maps as described
in Ordinance Number 2004-41, as amended, the Collier County Land Development Code,
is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effecLive upon filing with the Florida Department of
State.
I'UDZ-2005-AR-7R34
lof2
Agenda Item No. 17C
October 10. 2006
Page 46 of 124
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this _ day of
,2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
By:
FRANK HALAS, CHAIRMAN
By:
Deputy Clerk
Approved as to form
and legal sufficiency
Mmjorie M. Student-Stirling
Assistant County Attorney
I'UDZ-2005-AI~-7834IMJD/sp
l'UDZ-1OO5-AR-7834
20f2
Agenda Item No. 17C
October 10, 2006
Page 47 of 124
SNOWY EGRET PLAZA CPUD
A
COMMERCIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Black Bear Properties of FL, LLC
840 Jung Blvd W
Naples FL 34120
PREPARED BY:
Davidson Engineering, Inc.
2154 Trade Center Way; Suite 3
Naples FL 34109
Exhibit A
DATE REVIEWD BY ccpe
DATE APPROVED BY Bee
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES Ii
ST ATEMENT OF COMPLIANCE iii
SHORT TITLE Iii
SECTION I: PROPERTY OWNERSHIP & DESCRIPTION 1-1
SECTION II: PROJECT DEVELOPMENT REQUIREMENTS 2-1
SECTION III: COMMERCIAL DEVELOPMENT REGULATIONS 3-1
SECTION IV: PRESERVE AREA PLAN 4- 1
SECTION V: DEVELOPMENT COMMITMENTS 5-1
Agenda Item No. 17C
October 10, 2006
Page 48 of 124
EXHIBIT "A"
Agenda Item No. 17C
October 10, 2006
Page 49 of 124
LIST OF EXHIBITS AND TABLES
epUD Master Plan
II
Agenda Item No. 17C
October 10, 2006
Page 50 of 124
STATEMENT OF COMPLIANCE
The development of approximately 4.19 acres of property in eastern Collier County as
a Commercial Planned Unit Development to be known as the Snowy Egret Plaza epUD
will be in compliance with the planning goals and objectives of Collier eounty as set
forth in the Collier County Growth Management Plan (GMP). The commercial facilities
of the Snowy Egret Plaza CPUD will be consistent with the growth policies, land
development regulations, and applicable comprehensive planning objectives for the
following reasons:
1. The subject property is within the Neighborhood Center Subdistrict of the Estates-
Mixed Use Designation as identified on the Future Land Use Map and as
described in the Golden Gate Area Master Plan. The Golden Gate Area Master
Plan permits commercial land uses. limited to intermediate commercial uses. so
as to provide for a wider variety of goods and services in areas that have a
higher degree of automobile traffic, The Snowy Egret Plaza CPUD is compliant
with the Neighborhood Center Subdistrict criteria established in the Golden
Gate Area Master Plan,
2, The project development is compatible and complimentary to surrounding land
uses as required In Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the
Land Development Code (LDC) as set forth in Objective 3 of the Future Land Use
Element.
4. The project development is planned to protect the functioning of natural
drainage features and natural groundwater aqUifer recharge areas as
described In Objective 1.5 of the Drainage Sub-Element of the Public Facilities
Element.
5. The project shall be in compliance with Objective 3.1 of the Conservation and
Coastal Management Element of the Growth Management Plan,
6. All final local development orders for this project are subject to the Adequate
Public Facilities sections of the LDC. as required by Objective 2 of the Future
Land Use Element,
7. The project is located within a well field protection zone and the project
development Is planned to protect the function of these natural groundwater
aquifer recharge areas as described In objective 1 ,5 of the Drainage Sub-
element of the Public Facilities Element and Objective 3.1 of the Conservation
and Coastal Management Element of GMP.
iii
Agenda Item No. 17C
October 10, 2006
Page 51 of 124
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section Is to set forth the location and ownership of the property,
and to describe the existing conditions of the property proposed to be developed
under the project name of the Snowy Egret Plaza CPUD.
1.2 LEGAL DESCRIPTION
The subject property being 4.19 acres, Is located in Section 9, Township 49 South, Range
27 East, and is fully described as:
All of Tract 125, Golden Gate Estates, Unit No. 12, according to the plat thereof, as
recorded In Plat Book 4, Page 105, Public Records of Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Black Bear Properties of FL LLe.
1.4 PHYSICAL DESCRIPTION
The subject property Is located at the southwest corner of the intersectlon of Golden
Gate Boulevard and Wilson Boulevard and Is primarily located within the Main Golden
Gate Canal Basin. The proposed outfall for the project is to an existing Wilson Boulevard
swale along the eastern boundary of the project. Natural ground elevation varies from
12.5 feet to 13.2 feet NGVD. The subject property Is also located within zone W-1 of the
Golden Gate Well Field. The entire site Is located within FEMA Flood Zone "D" with no
base flood elevation speclfled. The site Is dominated by slash pines, cypress, and
cabbage palms.
1.5 PROJECT DESCRIPTION
The Snowy Egret Plaza CPUD shall be a commercial development of a mixture of retail,
office and general commercial land uses. The buildings within the. proposed
development will have a common architectural theme.
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "Snowy Egret Plaza Commercial
Planned Unit Development Ordinance.1I
1-1
Agenda Item No. 17C
October 10,2006
Page 52 of 124
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 . PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships 1'0 applicable County ordinances, the respective land uses
of the tracts Included In the project. as well as other project relationships.
2.2. GENERAL
A. Regulations for development of the Snowy Egret Plaza CPUD shall be In
accordance with the contents of this Document, PUD-Planned Unit
Development District and other applicable sections and parts of the LDC
and GMP In effect at the time of application for the type of development
order to which those regulations relate. Where these regulations fail to
provide developmental standards then the provisions of the most similar
district In the LDe shall apply.
B. Unless otherwise noted. the definitions of all terms shall be the same as the
definitions set forth in LDC In effect at the time of appllcatlon for the type of
development order to which those regulations relate.
C. All conditions imposed and all graphic material presented depicting
restrictions for the development of the Snowy Egret Plaza CPUD shall become
part of the regulations that govern the manner in which the CPUD site may
be developed.
D. All applicable regulations, unless specifically waived through a variance or
separate provision provided for in this CPUD Document shall remain in full
force and effect.
E, Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of the LDe.
2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master Plan is illustrated graphically by Exhibit "A", CPUD Master
Plan.
2.4. RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a plat, and/or condominium plat for all or part of the
CPUD. final plans of all reqUired improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with
the epUD Master Plan, the eo~ller County Subdivision Code and the platting
laws of the State of Florida,
2-1
Agenda Item No. 17C
October 10, 2006
Page 53 of 124
B. Exhibit "N. CPUD Master Plan. constitutes the required epUD Development
Plan, If applIcable, a preliminary subdivision plat shall be submitted for the
entire area covered by the epUD Master Plan subsequent to or concurrent
with epUD approval. Any division of property and the development of the
land shall be In compliance with the LDC, and the platting laws of the state
of Florida.
e. The provisions of the LDe, when applicable, shall apply to the development
of all platted tracts, or parcels of land as provided In said LDC prior to the
issuance of a building permit or other development order.
D. All necessary easements, dedications. or other instruments shall be granted
to Insure the continued operation and maintenance of all service utilities and
all common areas in the project.
2.5. PUD DOCUMENT AND MASTER PLAN
A. Exhibit "AN, epUD Master Plan illustrates the proposed development and is
conceptual In nature. Proposed tract, lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be varied at
any subsequent approval phase such as final platting or site development
plan application subject to provisions of the LDC.
B. The Community Development and Environmental Services Administrator, or
his designee, shall be authorized to approve minor changes and refinements
as limited by the LDC to the Snowy Egret Plaza CPUD Master Plan upon
written request of the developer.
C. Minor changes and refinements, as described above, shall be reviewed by
appropriate eounty staff to ensure compliance with all applicable County
ordinances and regulations prior to the Administrator's conslderatlon for
approval.
D. Approval by the Administrator of a minor change or refinement may occur
Independently from, and prior to any application for subdivision (if required).
or site development plan approval. however, the Administrator or his
deslgnee's approval shall not constitute an authorization for development or
the implementation of the minor change or refinement unless the applicable
permits are first obtained.
2.6 Amendments to the PUD Document
Amendments to the CPUD Document may be made In accordance with the
process set forth in the LDC.
2-2
Agenda Item No. 17C
October 10, 2006
Page 54 of 124
2.7 Maintenance of Common Areas
A property owners' association shall be established for the maintenance of a\l
common areas within the project unless the property Is developed and owned
by a single entity.
2-3
Agenda Item No. 17C
October 10, 2006
Page 55 of 124
SECTION III
COMMERCIAL AREAS PLAN
3. 1. PURPOSE
The purpose of this Section Is to set forth specific development standards for the
commercial areas as shown on Exhibit" A", CPUD Master Plan.
3. 2. GENERAL DESCRIPTION
Commercial areas designated on the CPUD Master Plan are intended to provide retail
and office uses with a common architectural theme.
3. 3. PERMITTED USES
No building or structure, or part thereof. shall be erected, altered or used, or land used.
in whole or In part for other than the following:
A. Permitted Uses:
1, Accounting. auditing and bookkeeping services (group 8721).
2. Apparel and accessory stores (groups 5611--5699).
3. Auto and home supply stores (group 5531).
4. Automotive services (group 7549) except that this shall not be construed
to permit the activity of "wrecker service (towing) automobiles, road and towing
servlce."
5. Barber shops (group 7241), except barber schools.
6, Beauty shops (group 7231), except beauty schools,
7. Business services (groups 7311, 7322-7330. 7332-7338, 7361-7379, 7384.
7389, except auctioneering service, automobile recovery, automobile
repossession, batik work. bottle exchanges, bronzing, cloth cutting, contractors'
disbursement, cosmetic kits, cotton Inspection, cotton sampler. dlrectories-
telephone, drIve-away automobile, exhibits-building, filling pressure containers,
field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas
systems, bottle labeling, liquidation services, metal slitting and shearing.
packaging and labeling, patrol of electric transmission or gas lines. pipeline or
power line inspection, press dipping service, recording studios, repossession
service. rug binding, salvaging of damaged merchandise, scrap steel cutting
and slitting, shrinking textiles, solvent recovery, spongIng textiles. swimming pool
cleaning, tape slitting, texture designers, textile folding, tobacco sheeting,
window trimming, and yacht brokers).
8. Child day care servIces (group 8351).
3.1
Agenda Item No. 17C
October 10, 2006
Page 56 of 124
9. Eating places with 6,000 square feet or less in gross floor area in the
principal structure (group 5812 only). All establishments engaged In the retail sale
of alcoholic beverages for on-premises consumption shall be subject to the
locational requirements of the LDC.
10. Food stores (groups 5411--5499),
11, Gasoline service stations (group 5541), subject to limitations set forth in the
LDe.
12. General merchandise stores (group 5399).
13. Group care facilities (category I and II. except for homeless shelters); care
units. except for homeless shelters; nursing homes; assisted living facilities
pursuant to F,S. 9 400.402 and ch, 58A-5 F.A.C.; and continuing care retirement
communities pursuant to F.S, 9651 and ch. 4-193 F.A.C.; all subject to the lDC.
14. Hardware stores (group 5251),
15. Health servIces (groups 8011--8049, 8082).
16. Home furniture, furnishing, and equipment stores (groups 5712--5736),
17. Individual and family social services (group 8322 activity centers, elderly
or handicapped; adult day care centers; and day care centers. adult and
handicapped only).
18, Insurance carriers, agents and brokers (groups 6311--6399. 6411),
19. Legal services Cg roup 8111).
20. Management and public relations services (groups 8741--8743,8748),
21 . Membership organizations (groups 8611--8699).
22. Miscellaneous repalr services (groups 7629--7631, 7699 bicycle repair,
binocular repair, camera repair, key duplicating, lawn mower repair. leather
goods repair, locksmith shop, picture framing, and pocketbook repair only).
23. Miscellaneous retail (groups 5912-5963, except pawnshops and building
materials, 5992-5999, except auction rooms, awning shops, gravestones, hot
tubs, monuments, swimming pools, tombstones and whirlpool baths),
24. Museums and art galleries (group 8412),
25, Non-depository credit institutions (groups 6111--6163).
3-2
Agenda Item No. 17C
October 10, 2006
Page 57 of 124
26. Offices for engineering, architectural, and surveying services (groups
0781.8711--8713).
27. Paint, glass and wallpaper stores (group 5231).
28, Personal services (groups 7212, 7215, 7216 non-industrial dry cleaning only,
7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service,
debt counseling, depilatory salons, diet workshops. dress suit rental. electrolysis,
genealogical investIgation seNlce. and hair removal only).
29. Photographic studios (group 7221).
30, PhysIcal fitness facilities (group 7991).
31. Public administration (groups 9111--9199. 9229, 9311, 9411--9451, 9512--
9532. 9611--9661).
32. Real estate (groups 6531--6552).
33, Retail nurseries, lawn and garden supply stores (group 5261),
34, Security and commodity brokers, dealer, exchanges and services (groups
6211--6289).
35. Shoe repair shops and shoeshlne parlors (group 7251).
36. Transportation services (group 4724), travel agencies only,
37, United States Postal Service (group 4311 except major distribution
centers).
38. Veterinary services (groups 0742,0752 excluding outside kenneling).
39. Videotape rental (group 7841).
40. Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of ZonIng Appeals (I1BZN).
B, Accessory Uses:
1 . Uses and structures that are accessory and incidental to the permitted
uses within the CPUD Document.
2. Caretaker's residence. In accordance with the LDC.
3-3
Agenda Item No. 17C
October 10, 2006
Page 58 of 124
3. Any other use which Is comparable In nature with the foregoing list of
permitted principal uses. as determined by the Board of Zoning Appeals (IIBZAII).
3. 4. PROHIBITED USES
The following principal permitted uses are prohibited within the Snowy Egret CPUD:
A. Prohibited Uses:
1. Drinking places (group 5813)
2. Uquor stores (group 5921)
3. Mail order houses (group 5961)
4. Merchandizing machine operators (group 5962)
5. Power laundries (group 7211)
6. Crematories (group 7261) (does not Include non-crematory funeral
parlors)
7, Radio, N representatives (group 7313)
8, Direct mail advertising services (group 7331)
9, NEC recreational shooting ranges, waterslldes, etc. (group 7999)
10. General hospitals (group 8062)
11 . Psychiatric hospitals (group 8063)
12. Specialty hospitals (group 8069)
13. Elementary and secondary schools (group 8211)
14. Colleges (group 8221)
15. Junior colleges (group 8222)
16. Libraries (group 8231)
17. Correctional Institutions (group 9223)
18. Waste management (group 9511)
19, Homeless shelters and soup kitchens
3-4
Agenda Item No. 17C
October 10, 2006
Page 59 of 124
20. Automobile parking (group 7521)
21, General merchandise stores (group 5331)
22. Pawn shops (group 5932)
23. Adult book stores
24. Gasoline service stations (group 5541)
3. 5. CONDITIONAL USES
The following uses are permissible as conditional uses, subject to the standards and
procedures established in the LDC:
1. Conditional uses permissIble within the "E" Estates zoning district.
3. 6. DEVELOPMENT STANDARDS
A. Minimum Lot Area: Ten thousand (10,000) square feet.
B. Minimum Lot Width: One hundred (100) feet.
C. Minimum Yards:
1. Front yard: Twenty-five (25) feet.
2. Side yard: Fifteen (15) feet.
3, Rear yard: Fifteen (15) feet,
4. Preserve setback:
a. Principal structures: Twenty-five (25) feet,
b. Accessory Structures: Ten (10) feet.
D. Minimum Distance Between Principal Structures: Fifteen (15) feet.
E. Minimum Floor Area: Seven hundred (700) square feet.
F. Maximum Height: Thirty-five (35) feet and one (1)-story.
G, Open Space Requirements:
3-5
Agenda Item No. 17C
October 10, 2006
Page 60 of 124
1 , Green space in the form of functional public open-space equal to seven
percent of the size of the vehicular use areas shall be provided as part of the
required open space. Such green space shall be developed as follows:
a. Green space shall be developed within the front yard(s) or as
pedestrian accessible courtyards, The courtyards shall only be located in
areas that are in close proximity to the retail shopping area and In areas
likely to be used by pedestrians visiting the shopping center and retail
establishment.
b. Green space must be considered areas designed for
environmental. scenic or noncommercial recreation purposes and be
pedestrian-friendly and aesthetically appealing,
c. Green space may only Include the following: lawns, mulch,
decorative plantlngs, non-prohibited exotic trees, walkways within the
interior of the green space area not used for shopping, fountains,
manmade watercourses (but not water retention areas), wooded areas,
park benches, site lighting, sculptures. gazebos, and any other similar
items that the planning services staff deems appropriate.
d. Green space shall Include: walkways within the interior of the
green space area not used for shopping. a minimum of one foot of pork
bench per 1,000 square feet of building area, and a minimum of one tree
or palm for each 250 square feet of green space area. The green space
area shall use existing trees where possible and landscaping credits will
be allowed as governed by the LDC,
e, Benches may also be located in interior landscaped areas and 75
percent of benches may be located adjacent to the buHdlng envelope
along paths. walkways and within arcades or malls,
f. Green space shall be in addition to the building perimeter planting
area requirements and other landscaping requirements, Green space
may be used to meet the open space requirements set forth by the LDC,
and shall be labeled "Green Spacell on all subdivision and site plans.
g. The interior landscape requirements of as required by 4,06,03 of the
LDC for this epUD shall be reduced to an amount equal to five percent of
the vehicular use area on site.
2, A minimum of ten (10) percent of the subject property shall be devoted to
native vegetation preserve area as described In by the lDC.
H. Buffering Requirements:
3-6
Agenda Item No. 17C
October 10, 2006
Page 61 of 124
1. A twenty-five (25) foot wide buffer shall be provided along both Golden
Gate Boulevard and Wilson Boulevard, with the landscaping as required In the
Golden Gate Area Master Plan the LDe. which Includes the following:
a. Two staggered rows of trees that shall be spaced no more than 30
feet on center. and a double hedge at least 24 inches In height at time of
planting and attaining a minimum of three feet height within one year.
b. A minimum of 50% of the 25-foot wide buffer area shall be
comprised of a meanderIng bed or shrubs and ground covers other than
grass.
c. Existing native trees must be retained within this 25-foot wide buffer
area to aid In achieving this buffer requirement; other existing native
vegetation shall be retained. where possible, to aid In achieving this
buffer requirement.
d, Water retention/detention areas shall be allowed In this buffer area
If left In natural state, and drainage conveyance through the buffer area
shall be allowed If necessary to reach an external outfall.
e. Should right-of-way be required along Wilson Boulevard by the
County, the required buffer width shall be reduced by the same amount.
2. A seventy-five (75) foot wide buffer of retained native vegetation shall be
provided along the western and southern side property lines,
a. Twenty-five (25) feet of the width of the buffer along the
developed area shall be a landscape buffer.
b. A minimum of fifty (50) feet of the buffer width shall consist of
retained native vegetation and shall be consistent with the LDC. Should
the adjoining parcel be rezoned for commercial purposes or as a
conditional use, the required buffer shall be reduced to 25 feet which
shall be retained as native vegetation,
c. The native vegetation retention area may consist of a perimeter
berm and be used for water management detention. Any newly
constructed berm shall be revegetated to meet requirements of the LDC.
Any site clearing, gradlng, or excavation will be in compliance with the
vegetation removal permit requirements of the LOe.
d. Native vegetation retention area(s) used for water management
purposes shall meet the following criteria:
(1) There shall be no adverse Impacts to the native vegetation
being retained. The additional water directed to this area shall not
3-7
Agenda Item No. 17C
October 10, 2006
Page 62 of 124
Increase the annual hydro-period unless it is proven that such
would have no adverse impact to the existing vegetation.
(2) If the project requires permitting by the South Florida Water
Management District, the project shall provide a letter or official
document Including an approved application or permit Issuance
from the District indicating that the native vegetation within the
retention area will not have to be removed to comply with water
management requirements. If the District cannot or will not supply
such a letter, then the native vegetation retention area shall not
be used for water management,
(3) If the project is reviewed by Collier County, the County
engineer shall provide evidence that no removal of native
vegetation is necessary to facilitate the necessary storage of water
in the management area.
e. Native vegetation retention area(s) shall not be used for parking.
3, Fences or walls may be constructed on the commercial side of the
required landscape buffer between adjacent commercial and residential uses.
If constructed. such fences or walls shall not exceed five (5) feet In height. Walls
shall be constructed of brick or stone facing. Fences shall be of wood or
concrete post or roll types. and shall be of open design (not covered by slats,
boards or wire),
I. Signs: Signs shall be permitted as described In the Collier County LDe.
J. Lighting: All lighting facilities shall be architecturally designed and shall be
limited to a height of twenty-five (25) feet. Such lighting facilities shall be
shielded from neighboring residential land uses.
K. Hours of Operation: The hours of operations shall be limited to 6 AM to 11 PM for
all non-governmental services.
3-8
Agenda Item No, 17C
October 10, 2006
Page 63 of 124
SECTION IV
PRESERVE AREA PLAN
4. 1. PURPOSE.
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A", CPUD Master Plan. A minimum of ten (10)
percent of the existing 4.19 acres of native vegetation shall be devoted to natural
habltat preserve areas as described In the LDC.
4. 2. PERMITTED USES
The CPUD Master Plan provides for 0.42 acres of upland preserve area, or 10% of the
existing native vegetation. Minor adjustments may be made to the boundaries of
preserve areas based on permitting considerations.
No building, structure or part thereof, shall be erected. altered or used, or land used, In
whole or part for other than the following and subject to permitting. Any clearing will
be permitted and the required preserve acreage shall be retained un-cleared.
A. Permitted Principal Uses and Structures
1 . Passive recreational uses such as pervious nature trails or
boardwalks are allowed within the preserve areas, as long as any clearing
required to facilitate these uses does not impact the minimum required
vegetation. For the purpose of this section, passive recreational uses are
those uses that would allow limited access to the preseNe in a manner
that will not cause any negative impacts to the preserve, such as pervious
pathways, benches and educational signs, Fences may be utlllzed
outside of the preseNes to provide protection In the preseNes in
accordance with the LDe. Fences and walls are not permitted within the
preserve area.
2. Native preseNes.
3. Any other use deemed comparable In nature by the Boord of
Zoning Appeals.
B. Prohibited Uses and Structures:
1 . Fences and waUs.
C. Development Standards
1. Minimum Yard Requirements
4~ 1
Agenda Item No. 17C
October 10, 2006
Page 64 of 124
a. Principal structures shall be required to have a minimum
setback of twenty-five (25) feet from preserve areas.
b. Accessory structures and any site alteration shall be required
to have a minimum setback of ten (10) feet from preserve areas.
A-2
Agenda Item No. 17C
October 10, 2006
Page 65 of 124
SECTION V
DEVELOPMENT COMMITMENTS
5.1. PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project,
5. 2. GENERAL
A. All facilities shall be constructed In strict accordance with final site
development plans, final subdivision plans and all applicable state and local
laws. codes. and regulations applicable to this epUD. Except where specifically
noted or stated otherwise. the standards and specifications of the LDC shall
apply to this project even if the land within the CPUD is not to be platted, The
developer, its successor and assigns, shall be responsible for the comm~tments
outlined in this Document.
8, The developer, its successor or assignee. shall follow the Master Plan and
the regulations of the CPUD, as adopted. and any other conditions or
modifications as may be agreed to In the rezoning of the property. Ay successor
or assignee in title is bound by the commitments within this Document.
5. 3. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
A. This PUD Is subject to the Sunset Provisions of the LDC,
B. An annual monitoring report shall be submitted pursuant the LDC.
5. 4. ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure. A construction operation/management office
and leasing office may be constructed after zoning approval but before construction
of any principal structures.
5. 5. ENGINEERING
Except as otherwise provided within this CPUD Document, this project shall be required
to meet all County ordinances In effect at the time final construction documents are
submitted for development approval.
5. 6. ENVIRONMENTAL
A. All principal structures shall have a minimum setback of 251 from the
boundary of any preserve, Accessory structures and all other site alterations shall
have a minimum 1 O-foot setback.
5-1
Agenda Item No. 17C
October 10, 2006
Page 66 of 124
B. Environmental permitting shall be in accordance with the state of Florida
Environmental Resource Permit Rules and be subject to review and approval by
the Environmental Services Staff. Removal of exotic vegetation shall not be
counted towards mitigation for impacts to Collier eounty jurisdictional wetlands.
C. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and If platted, shall be recorded on
the plat with protective covenants per or similar to SectIon 704.06 of the Florida
Statutes. Setbacks shall be in accordance wIth the LDC.
D. All conservation areas shall be designated as tracts/easements with
protective e. covenants. If platted, these easements shall be dedicated on the
plat to the property owners association for ownership and maintenance and to
Collier County with no responsibility for maintenance. If the project applies for
site development plan approval. the conservatIon areas shall be shown on the
site development plan and protected by a conservation easement as set forth
in the LDC.
E. A Preserve Area Management Plan shall be provided to Environmental
Services Staff for approval prior to site/construction plan approval. The Preserve
Management Plan shall identify methods to address treatment of exotic species.
fire management, and maintenance.
F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant Council, shall be removed from within preserve areas and subsequent
annual removal of these plants, In perpetuity, shall be the responsibility of the
property owner.
G. This CPUD shall be consistent with the Conservation and Coastal
Management Element of the GMP and the environmental sections of the LDe in
effect at the time of final development order approval.
H. This CPUD shall comply with the guidelines and recommendations of the
US Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation
Commission (FWC) regarding potential impacts to protected species on-site, A
Habitat Management Plan for those protected species shall be submitted to
Environmental Services Staff for review and approval prior to final site
plan/construction plan approval.
I. All approved Agency (SFWMD, ACOE, FFWeC) permits shall be submitted
prior to final site plan/construction plan approval.
J. All principal structures shall have a minimum setback of 25 feet from the
boundary of any preserve, Accessory structures and all other site alterations
shall have a minimum 1 O-foot setback.
5-2
Agenda Item No. 17C
October 10, 2006
Page 67 of 124
5. 7. PLANNING
Pursuant to the LDe, If during the course of site clearing, excavation or other
construction activity a historic or archaeological artifact is found, all development
within the minimum area necessary to protect the discovery shall be Immediately
stopped and the Coll1er eounty Code Enforcement Department contacted.
5.8 ARCHITECTURAL
A. All buildings within any single specific quadrant of the Neighborhood
Center Sub district shall utilize a common architectural theme. This theme shall
be applicable to both building design and slgnage.
B. All buildings shall have "Old Style Florida" metal roofs. The buildings shall
have an "Old Fiorida" architectural style and be finished in light subdued colors,
except for decorative trim.
C, Pedestrian traffic shall be encouraged through the placement of
sidewalks, pedestrian walkways, and marked crosswalks within parking areas,
Adjacent projects shall coordinate placement of sidewalks so that a continuous
pathway through the Neighborhood Center is created.
D. Adjacent buildings within the Snowy Egret Plaza epUD shall be connected
with walkways or courtyards.
E. Drive-through establishments shall be limited to banks and pharmacies,
with no more than 3 lanes. The drive-through areas shall be architecturally
integrated with the rest of the building.
F. The developer shall meet with the Golden Gate Estates Civic Association
to discuss the architectural components of the proposed development prior to
the submittal of a Site Development Plan application for the subject property.
5.9 TRANSPORTATION
A. Access from Golden Gate Boulevard shall be located as far west from
the intersection as possible. The Golden Gate Boulevard access may be
restricted to "Right-In" only condition due to the proximity to the Intersection.
B. Driveways accessing parcels on opposite sides of the roadway shall be in
direct alignment except when the roadway median between the two parcels
has no opening,
C. All traffic control devices, signs, pavement markings and design criteria
shall be In accordance with Florida Department of Transportation (FDOT) Manual
of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards.
current edition, and the Manual on Uniform Traffic Control Devices (MUTCD),
5-3
Agenda Item No. 17C
October 10, 2006
Page 68 of 124
current edition. All other improvements shall be consistent with and as required
by the LDC.
D. Arterial level street lighting shall be provided at all access points. Access
lighting must be in place prior to the Issuance of the first Certificate of
Occupancy (CO),
E. Access points, Including both driveways and proposed streets, shown on
the epUD Master Plan are considered to be conceptual. Nothing depIcted on
any such Master Plan shall vest any right of access at any specific point along
any property frontage, All such access Issues shall be approved or denied during
the review of required subsequent site plan or final plat submissions. All such
access shall be consistent with the Collier County Access Management Policy
(Res, No, 01-247). as It may be amended from time to time, and with the Collier
County Long-Range Transportation Plan. The number of access points
constructed may be less than the number depicted on the Master Plan;
however. no additional access points shall be considered unless a CPUD
Amendment is to be processed.
F, Site-related improvements (as apposed to system-related Improvements)
necessary for safe ingress and egress to this project as determined by Collier
County, shall not be eligible for impact fee credits. All required Improvements
shall be in ploce and available to the public prior to the Issuance of the first CO.
G. All work within Collier County rights-of-way or public easements shall
require a right-of-way permit.
H. Nothing in any development order shall vest a right of access in excess of
a right in/right out condition at any access point. Neither shall the existence of a
point of Ingress. a point of egress or a median opening, nor the lack thereof, shall
be the basis for any future cause of action for damages against the County by
the developer. its successor in title, or assignee except as defined in 5.7.A.
above.
I. All internal roads. driveways, alleys, pathways, sidewalks and
Interconnections to adjacent developments shall be operated and maintained
by an entity created by the developer and Collier Country shall have no
responsibility for maintenance of any such facilities.
J. if any required turn lane improvement requires the use ot existing right-ot-
way or easement. compensating right-of-way shall be provided without cost to
Collier County as a consequence of such improvement,
K. If, in the sole opinion of Collier County, a traffic signal, or other traffic
control device. sign or pavement marking improvement within a public right-of~
way or easement is determined to be necessary, the cost of such Improvement
5-4
Agenda Item No. 17C
October 10, 2006
Page 69 of 124
shall be borne by the developer and shall be paid to Collier County before the
issuance of the first co.
L. At the time of application for the first site development plan, the
petitioner shall construct or contribute up to $5.000.00 to the Collier County
School District for acquisition and/or construction of a public school bus stop
waiting area facility. Such public school bus stop shall be located as close as
possible to the subject site and be subject to approval by the Department of
Alternative Modes of Transportation.
M. Shared access and parking are permitted with adjoining commercial
developments, subject to an access and/or parking agreement with the
adjoining property owner.
N. Future right-of-way needs along Wilson Boulevard and Golden Gate
Boulevard shall be determined at the time of site development plan submittal.
Any right-of-way required along Wilson Boulevard shall be subject to Section
3.6.H.1.e of this Document. The Intersection of Golden Gate Boulevard and
Wilson Boulevard is currently under design and the right-of-way needs of the
County will be determined at the 30% design phase of the Golden Gate
Boulevard Improvement project, Upon the determination of the County's right-
of-way needs, the developer shall donate at no cost to the County a strIp of
land running along the property frontage on Golden Gate Boulevard and Wilson
Boulevard up to the reserved right-of-way area as defined on the Master Plan,
not to exceed an additional 25 feet on either roadway. The dedicated rlght-of-
way area shall count towards any necessary buffers and setbacks,
5.10 UTILITIES
A. Since the project site Is not presently serviced with centrally provided
water and sewer, the project shall utilize well and sept1c systems until central
water and sewer are available.
B. A 40 feet by 60 feet easement to the eounty for the purpose of providing
a wellfield site shall be provided to Collier County utilities Division. The exact
location of the site Is depicted on the Conceptual Master Plan (Exhibit A).
5.11 WATER MANAGEMENT
Surface water management for the project shall be designed according to
South Florida Water Management District and Collier County design standards.
The system shall attenuate the 25-year 3-day storm even as well as meet current
water quality treatment criteria. The project will provide water management
within the required preserve area subject to the conditions of Section 3.6.1.2 of
this Document.
5.5
uc.o"<t
r--ON
0..-.
....-0.1.....
o .0
ZOO
"'""r--
r-......
C<l.JO)
0)..0 en
':=:OCO
COOD..
-gO
0)
en
<:!.
(Wf1Vt1 '-'- _ _ '="-=-~~T---l
.::..-=. - :j-=':~ - - bill'
- - ~- id I I
1,1 GOLDEN GAlt BOULE"'" _ _ _ _ _ _ _.1 .'.
......-w.~ _
. -
- ------y-..,
~-f~
-- ...........aill>>'OO t
~ --- - -=--=--,' II
- -- h I
I 'I I
r I ·
. I
I 'j I l'
I
.1
I
!~i
;1
<E1.
~i
--..:;;;I~ ~__
- - 7"'.rftITa'IWi' _
..-.- -r--
=.......r..~______ I
- - . ......~ ......
............ .
I
I
I I
! I
I I
l I
, I
I I
! I
I
I
I
flfl
Ij~ I
lW
I
.r
I i I
I
I I
I
I
I
I
I
I
I
.
I I
IL
.1ir'tnC"........
. . ......
"""""
i h i
li~1 lat
~I'Bil!lF;~
_billll
liil;ull
I '! Il'l i.l! li'I'II!
IMilll~11 lii!,llllllll!
~1!!illl!!lil!ilil!111!1!11
!,
<r!
<3
."
w
.--.-...)
.-...
. .
t~1
~.....~....
ili
I
,
r
!
I ~
!3 ~ 10, ~
III
~ I~ I
~
"
w
..
00
~:li
.",
O~
Z~
-~
.C!
C)g
Z":.
_Ul
~~'"
W!!le
wz"1
ZMfii
-~!
t!) iil ~
Z>~
w<...~ .
;:",1
Z<t~ 0
WI!!O
O!Z~~
cn~:.:z:
Q """ c
- :t ~~
>~z..
CC ::\0:>1
ca~6:8
WZ<l
O~
Qe~
>:-
~
;.
..
o
. ~
~
o
~'Il
Ill;:~r
ol!-;t;
~i'iE~:b
ill "'lilt ~
a ...!~G'I_
hl~
l,l-.z
::!~
, I
,
LAND DEVElOPMENT, UTILITIES. PERMITTING, WATER MANAGEMeNT, fEASIBILITY STUDIES
Snowy Egret Plaza PUD
Trip Generation Report
Prepar'ed For
. Michael Schoeller
Black Bear Properties of FL, LLC
840 Jung Blvd W
Naples FL 34120
Prepared by
Davidson Engineering, Inc.
2154 Trade Center Way
Naples, Florida 34109
May 2005
Agenda Item No. 17C
DOEt~g~
DAVIDSON
ENGINEERING
Jeff L. Davidson. RE.' :
Oovldson Englneerlng.lno~';f
RE. Registration No. 47161 .
Company Reg. No. ooQijjA.P6-:) 2005
Jeff L, Davidson. P .E.
P.E. Registration No. 47161
Company Registration No. 00009496 .
PUDZ-2005-AR-7834
PROJECT #2005040083
DATE: 6/23/05
MICHAEL DERUNTZ
2154 Trade Center Way, Suite #3 ' Naples, Florida 34109 . Phone: 239,597.3916 ' Fax: 239,597.5) 95
www.davidsonenginearing.com
. .
Agenda Item No. 17C
October 10, 2006
Page 72 of 124
Introduction
Snowy Egret Plaza PUD is a 4.2 acre commercial use project located at the southwest corner of
the intersection -of Golden Gate Boulevard and Wilson Boulevard.. The subject property is zoned
Estates and is designated Estates-Mixed Use on the Collier County Future Land Use Map. It is
proposed to be rezoned to a commercial PUD for low intensity transitional commercial land
uses, convenience commercial land uses and intermediate commercial land uses. The project is
within Section 9, Township 49 South, Range 27 East, and Collier County, Florida.
Existing Conditions
The project site is in an undeveloped status.
Proposed Improvements
A total of approximately 15,000 SF of retail/commercial buildings are proposed to be built at
project site, along with associated roadway, parking, utilities, and storm water management.
Trip Generation
Trip generation rates were per the Institute of Transportation Engineers publication, Trip
Generation Sixth Edition. The Land Use Categories and associated square footage used for the
project are listed below.
A) Number of units (i.e. dwelling units, square feet, etc.)
The total number of units for the Retail on this site is 15,000 SF.
B) Description of development and ITE category for trip generation.
This development is retail use building. The ITE category used for this trip generation is
Retail-Shopping Center (LUC 820).
Trip Generation
Table 1. Shopping Center (LUC 820)
X=1.0
Calculated Traffic . E uation
Weekend Daily Traffic =
20
AM Peak Hour Traffic= 2
PM Peak Hour Traffic=18o
Pass-by trips rate
Due to the nature of retail/shopping center, the pass-by rates had been determined as 68% by
referencing Figure 5.5 from ITE trip generation handbook using the formula: Ln(T)= -0.291 Ln
(X) +5.001; where T is the pass-by rate(%) and X represents the Gross Leasable Area (GLA) in
1,000 square feet.
. . ,
t.,
"
, .
Agenda Item No. 17C
October 10, 2006
Page 73 of 124
The total net added trips due to the project should be calculated as the formula below:
Net added trips=Table 1*(1-0.68)
C) Total trips generated for the Average Annual Daily Traffic (AADT) and the
AM and PM peak hours.
Total trips generated for the Average Annual Daily Trafflc (AADT) and the AM and PM
peak hours are listed in the chart below.
Table 2. Site Generation
Calculated Traffic Entering Exiting Total
AADT 1,006 1,006 2,013
AM Peak Hour Traffic 31 20 52
PM Peak Hour Traffic 86 93 180
Table . AADT Non Pass-b External Pro.ect Tri s
Calculated Pass- Total P.M Peak
~: Total by Entering Exiting Hour Non Pass-
Tri s Rate b External Tri s
Retail 2,013 68% 327 327 653
'* AADT trips are calculated with 68% pass-by rate and 0.0% internal capture rate
Trip Distribution and Impacted Roadway Segments
. 30% existing/entering trips will head west along Golden Gate Blvd;
. 20 % entering/existing trips will head east along Golden Gate Blvd;
. 25% entering/existing trips will head north along Wilson Blvd;
. 2'5%, entering/existing trips win head south along Wilson Blvd.
T hI
dS
I
a . e 4. mnacte esn Ilents
Segment Roadway AADT *Service %of
Direction From/to Project Service
# Name Trius Volume Volume
Golden East of
1 Gate Blvd East/West Collier 196 34,900 0.56%
Blvd
Golden East of
2 Gate Blvd East/West Wilson 131 34,900 0.37%
Blvd
,Wilson North of
3 Blvd North/South Golden 163 16,600 '0.98%
\ Gate Blvd
Wilson South of
4 Blvd North/South Golden 163 16,600 0,98%
Gate Blvd
* AADT service volumes are derived from ARTPLAN.'
. '
,
Agenda Item No, 17C
October 10, 2006
Page 74 of 124
., ,.. s..'
,
a e5. e to mnacte a way e~ents
Segment Roadway Name Direction FI.'om/to Added
# AADT
1 Golden Gate Blvd East/West East of Collier Blvd 196
2 Golden Gate Blvd East/West East of Wilson Blvd 131
3 Wilson Blvd North/South North of Golden 163
Gate Blvd
4 Wilson Blvd North/South South of Golden 163
. Gate Blvd
T hi
Add dAADT I
dRo d
S
Conclusion
Since the net added AADT is less than 1000 trips and the peak hour trips is less than 100, no
further traffic impact study is needed for this project. This site development project may have
slight negative impact to the existing roadway.
/'
Agenda Item No, 17C
October 10,2006
5 AR 7834 Page 75 of 124
PUDZw200 w w
PROJECT #2005040083
DATE: 6/23/05
. MICHAEL DERUNTZ
;.
APPLICATION FOR PUBLIC HEARING FOR:'
lXIPUP REZONE (PUDZ)
DpUD TO PUD REZONE (pUDZ-A)
Planner Assigned: Michael DeRuntz
Commission District:
Pe~ition No.:
Date Receiv~d:
ABOVETOBECON.WLETEDBYST~
1 . General Information:
Name of Applicant(s) Black Bear Properties of FL~ LLC
. Applicant's Mailing Address 840 Jung Blvd. W
City , Naples
State
FL
Zip
34120
Applicant's E-Mail Address:
(239) 455-5541
N/A
Fax #
N/A
Applicant's Telephone #
Name of Agent
Inc.
Kelly Smith
Firm ' Davidson Engineering,
Agent's Mailing Address
2154 Trade Center Way. Suite 3
City' Naples
State
FL
Zip
34109
Agent's Telephone # (239) 597w3916 ext. 213
Fax'# (239) 597-5195,
Agent's E-Mail Address:kellv@davidsonengineering.com
COLLIER ,COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF ZONING AND LAND. DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-24001FAX (941) 643-6968
AllDllcotlon For Public Hearlni! For PUD R,erone 6iI4/1I4
Agenda Item No. 17G
October 10, 2006
Page 76 of 124
*Be aware that. Collier County has lobbyist regulations. Guide yourself accordingly
and ensure that you are in compliance with these regulations.
Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets
if necessary)
Name of HoJileowner Association: N/A
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
N/A
Mailing Address
. City
State _ Zip
Name of Civic Association: Golden Gate Estates Area Civic Association c/o Mario Valle. President
. .
Mailing Address 961 Murcott Drive
City Naples. State
. FL
Zip 34120
2. Disclosure of Interest.Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy
in common, or joint tenancy, list all parties with. an ownership interest as well as the
percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
AODllcation For PublkR(ll\rln1! For PUD RczonIl6/14/04
Agenda Item No. 17C
. October 10, 2006.
Page n of.124
. Q. If the property is owned by a CORPORATION, list the officers and st~ckholders. and the
percentage of stock owned by each.
Name and Address, and Office
Percentage of Sto,?k
c. If the property is in the name .of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest. .
Name and Address
Percentage of Interest
d. If the property is in the name of a GENERAL or LJMITED PARTNERSHIP, list the
name of the general and/or limited partners.
~t\_$Jh~
840 Jung Blvd. W. Naples. 34120
----'
. ., '" . -.. ." ~ . .\l,'
. . . ., .
'foX
Name and Address
_11ft.lii
8306 Soutbridge Drive. Rothschild. WI 54474
:S0~
. .
mr~.f:!
1720 Bukhom Road. Arbo Vitae. WI 54568
3o~
e. If there is a CONTRACT FOR PURCHASE; with .an individual or individuals,. a,
Corporation, Trustee, or a Partnership, list the mimes of the contract purchasers below,
including the officers, stockholders, beneficiaries, or partners.
Name and Address
P.ercentago of Ownership
ADollCRtion For Public HeRrin!! For PUD Rezone 6/14/04
Date of Contract:
AgenQa Item N"o, 17C
October 10, 2006
Page 78 'Of 124
, f If any contingency clause or contract tenns involve additional parties, list all individuals
or officers, if a corporation, partnership, or tnist.
Name and Address
g. Date subject property acquired (X) leased ():
3/7/05 Term of lease
'yrs.lmos.
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticiPllted closing date
and date option
h. Shquld any changes of ownership or changes in contracts for pur.chase occur' subsequent
to the .dateof application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form. .
3. Detailed Ie2'al description. of the ~property covered bv the aDPlication: (If space is
inadequate, attach on separate page.) If request involves change to more than. one zoning
district, include separate legal description for property involved in'each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum III to 400' scale) if required to do so at the pre-application meeting. .
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed survey may be
required.
Section:
)/ ~! Township:
/
49
Range:
27
Lot: N/ A Block:
N/A Subdivision:
Golden Gate Estates Unit 12
PlatBook~ Page #:
Property LD.#:
37169520009
4.
Metes & Bounds Description: See Attached Boundary Survey,
, . ~- -~. ~'.~eGo
05~X30~.55ft. =TotalSq.Ft.'~8~~64J~~~S ~'.,4t~'
Address/e:enerallocation of subject property: SW Comer of Wilson Blvd. &
Golden Gate Blvd.
5.
6.
PUD District (LDC 2.2.20.4):
d Residential 0 .Community Facilities
!Xl Commercial D Industrial
AJ}nllcatlon For Public Hearlnlr For PUD Rezone 6/14/04
Agenda Item No. 17C
October 10, 2006
Page 79 of 124
7. . Adlacent zoning and iand use:
Zoning ,
Land use
N.. ROW & E-STfWS 1
Golden Gate Blvd. & Undeveloped
.8 . E-ST/W81
Undeveloped
E ROW & PUD (Wilson Blvd Center PUD) Wilson Blvd. & Undeveloped
W . E-STfWSl
Undeveloped
Dqes the owner of the subject property 9wn property contiguous to. the subject property? If
so, give complete le.gal description of entire contiguous property. (If space is inadequate,
. attach on separate page). N/A
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book_ Page #:
PropertyLD.#:
Metes & BoUnds Description:
8. Rezone Reauest: This application is requesting a rezone from the? E-E-STIW81 zoning
district(s) to .the C PUD zonhig district(s).
. ~resent Use of the Property:
Vacant
Proposed Use (or range of uses) .ofthe property:
In the GGAMP Neighborhood centers
C-l through C-3 as permitted
Onginal PUD Name:
Ordinance No.:
9. ' Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
Land Development Code, staffs analysis and recommendation to the Planning Commission,.
and th~ Planning Commission's recommendation to the Board of County Commissioners shall
be based upon consideration of the applicable criteria noted below. Provide a narrative
statement describing the rezone request with specific reference to the criteria noted below,
Include any backup materials and docwnentation in .support of the r~quest.
ADvUelltic}U For Publle Hearinl! For POD Rezone 6114/.04
PUD Rezolte Considerations (LDC Section .2. 7.3.2. 5)
Agenda Item No, 17C
October 10, 2006
Page 80 of 124
1. The suitability of the area for the type and pattern of development
Pl'oposed in relation to physical characteristics of the land,
s1.IrroW1.ding "areas, trqffic and access, drainage, sewer, water, and
other utilities.
This petition seeks to convert 5.2 acres of land zoned Estates (E) to CO:m.n'lercial
PUD for the development of a cOInmercial center.
The property is bounded, by Golden Gate Boulevard to the north and Wilson
Boulevard to the east. Access to the site will be through both Golden Gate
Boulevard and Wilson Boulevard. The adjacent properties are all currently
undeveloped. The proposed project will comply with all buffer requirements set
forth in the Collier County Land Development Code. While central water and
sewer services do not exist in this area, the subject property is part of a
Neighborhood Center which anticipates the type of development proposed. Based
upon these ,factors the proposed project is compatible with the adjacent
properties. ' "
2. Adequacy of evidence of unified control and suitability of any
proposed agreements, contract, or other instrumen.ts, or for
amendments in those proposed, particularly as they niay relate to
arrangements or provisions to be madefol' the continuing operation
and maintenance of such areaS and facilities that are not to be
pravided or maintained at public expense.' Findings and
"recommendations of this type shaU be made only after" consultation
with the county attorney.
The land is owned by the petitioner. Any common areas within the project,
including all preserve areas, will be owned and maintained by the property
owners.
3. Conformity -of the proposed PUDwith the goals, objectives and
policies of the growth management plan.
The proposed project is consistent with the CoUi,er County Growth Management
Plan (GMP) and the Golden Gate ".Area Master PIan (GGAMP) through the
application of the development standards contained in this PUD. The proposed
project is consistent with the following specific policies and objectives:
Policy 1.1..2 of the GGAMP: The subject property is designated Estates-Mixed Use
District and Neighborhood Center Subdistrict per.
Policy 5-4 of the GMP: The proposed development is compatible With and
complimentary to surrounding land uses.
Policy 2.2.2 of the Conservation and Coastal Management Element (CCME) is
furthered by the water management design of the project which utilizes
" ApJillcRtllm For, Public HeRrin!! For PUP Rezone 6/14104
Agenda Item No. 17C
October 10, 2006
. . . . . Page 81 of 124
conservation areas for water management. As a result, the cumulative impacts of
run-off are reduced and water quality treatment is improved. .
The pr-oject -development is-planned t-o .prot-ect the.functioning'of natura1:drainage
features and natural groundwater aquifer recharge areas.as described in Objective
1.5 of the Drainage Sub-Element of the Public Facilities Element.
The project shall be in compliance with Objective 3.1 of the Conservation and.
Coastal Managem-ent Element,of the Gr-owth Managan-ent Plan.
4. The internal and ex.ternal compatibility of proposed uses, which
conditions may include restrictions on location of improvements,
restrictions on design, and b1{/jering and screening requirements.
The proposed PUDcomplies with the buffering requirements for Neighborhood
Centers set forth in the Golden Gate Area Master Plan. The proposed PUD also
co:m.plies with the buffering requirements of the Collier County Land
Development Code. The proposed uses, setback requirements and maximum
building height are consistent with existing and potential adjacent land uses.
5. The adequacy -of usable -open space areas in existence and as
proposed to serve the development.
The ~ubject property is currently undeveloped, and therefore the existence of
u~able open space is not applicable~ The proposed project will meet or eXceed the
required open space for a residential PUD.
6. The timing or. sequence oj development fo.,. the purpose of asSwWtg
the adequacy, oJ available improvements and jaqilities, both public
. and private. .
The 'project will .comply with the Ceunty A<1~quat~ Public .Facilities ~rmnanc-e. No
capacity issues are known at this time.
7. The ability of the subject property and of surrounding areas to
accommod~te expansion. .
Room for-expansioni-s not a consideration a-s th~ proposed PUD will fully utilize
vrresubjectprope~. .
8. Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that
such modlfications of justified as meeting public purposes to a
degree at leaSt equivalent to literal application of such regulations.
The proposed PUD complies with all applicable regulations set forth in the Collier
County Land Development Code for a commercial development. No deviations
from the LDC are requested.
An~lkati~n For. Publlc Hearln2 For PUD Rezone 6/14/D4
Agenda Item No. 17C
October 10, 2006
Page 82 of 124
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictionst howevert
many communities' have adopted such restrictions. You may wish to contact the civic or
property owners aSsociation in the area for which this use is being requested in order to
ascertain whether or not the request is affected by exjsting deed restrictions.
10. Previous land use petitions on the subject uropertv: To your knowledge, has a public
heating been held on thiS property within the last year? If so, what was the natme of that
hearing? None
11. . Additional Submittal reauirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficientt unless otherwise
waived dwing the pre-application meeting.
. a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for. a specific lise, provide twenty (20) copies (this
includes: HUI if affordable housing, Joyce Ernst, if residential and IrrnnokaleelWater Sewer
District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 81/z" x 11"
copy of site plan], -drawn to a maximam scale .of 1 inch equals 400 feet, depicting the
following [Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards such as the
Environmental Advisory Board (EAB), or cepC];
.. all existing and pr.oposed structures and the dimensions thereof,
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
. all.existing and/or proposed parking and loading areas {include matrix indicating
required and provided parlcing and loading, including.required parking for the
disabled],
. required yards, open space and preserve areas,
.. proposed locations for utilities (as well as location of existing utility services to the
site),
. proposed and/or existing la.nrlBcaping and buffering as may be required by the County,
c. An architectural rendering of any proposed structures.
d. An Bnviromnental IInpact Statement (ElS), as required by Section 3.8. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
Applica.tlon Fur 'Pub!!!: Hearln.t For POO Rezone 6/14/04
Agenda Item No. 17C
October 10, 2006
Wh. h E S . . d . . f' . 'a1 h h f'Cige 83 pf 124
e. et er or not an I 18 reqwre , two coples 0 a recent aen p otogl'ap , ~ taKen WIthin
the previous' twelve months), minimum scale of one inch equals 400 feet, shall be
submitted. Said aerial' shall identify plant and/or wildlife habitats and their boundaries.'
Such identification shall be consistent with Florida Department of Transportation Land ,
Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or
square feet) of native vegetation on site, by area, and a calculation and location(s) of the
required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
f. Statement of utility provisions (with all requir.ed attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the' pre-application meeting;
h. A historical and archeological surveyor waiver application if property is located within an
area of historical or archaeological probability (as identified at pre-application meeting);
i. Any . additional requirements as may be applicable' to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal pemrlts.
j. The petitioner must provide a letter of no objection from the United States Postal Service
prior to submittal of the application. Please contact Robert M. Skebe, CiTowth
Management Coordinator at:
U.S. Postal Service
1200 Goodlette Road
Naples, Florida 34102-9998
Phone (239) 435-2122; Fax (239) 435-2160
. k. An electronic version of the PUD on a disk as part of this submittal package.
1. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8}
Please be advised that Sect~on 2.7.2.3.2 (3) of the Land Development Code requires
an applicant to remove their public hearing advertising sign (s) after final action is
taken by the B~ard of County Commissioners. Based on the Board's fmal action on
this item, please remove aU public hearing advertising sign (8) immediately.
Land Use Petition Continuance Fees:
Two days or less prior to meeting = $500 .
Requested at the meeting = $750
Additional required advertising charged in 8.ddition to continuance fees
Anpltcation For Public Hearln!! For PUD ReZODI\ 6/14/04
PUDZ-2005.AR-~da Item No. 17C
PROJECT #200S040Q3.ober 10, 2006
DATE: 6/23/05 Page 84 of 124
MICHAEL DERUNTZ
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST
1.
NAME OF APPLICANT:
Black Bear Properties of Florida. LLC "
2.
MAILING ADDRESS:
840 lung Blvd. West
CITY
Naples
ZIP
STATE FL
34120
3.
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
& Golden Gate Blvd.
Comer of Wilson Blvd.
4.
LEGAL DESCRIPTION:
See attached survey
Section:
27
9
Township:
49
Range:
Lot: 'N/A Block: N/A Subdivision: N/A
Plat Book N/A Page #: N/A
37169520009
Property I.D.#:
Metes & Boun'ds Description: See attached survey
5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): .
a. COUNTY UTILITY SYSTEM D
b. CITY UTILITY SYSTEM D
o. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE TREATMENT PLANT 0"
(GPD capacity)
e. SEPTIC SYSTEM lXI
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
o. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) .
TOTAL POPULATION TO BE SERVED:
" 15.682 SF
o
D
o
IX]
7.
8. PEAK AND AVERAGE DAILYDEMAI\lJ>S:
A. WATER-PEAK 6.272.6 gpd AVERAGE DAILY 1.568.2 gpd
B. SEWER-PEAK 6.272.6 gpd AVERAGE DAILY 1.568.2 gpd
Applicatlon For Public Hcarin2 For PUD Rezone 6/14/04
Agenda Item No. 17C
October 10,2006
Page 85 of 124
9. IF PROPOSING TO BE CONNECTED, TO COLLIER COUNTY REGIONAL
. W ATER S.YSTEi\1:~ PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED:. Nt A
10. NARRATIVE STATEMENT: Provide a briefand concise ilarrativestatement and schematic
drawing of sewage treatment process to be used as well as a sp~cific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used~ then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer. . ..
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in effect at
the at time.' This. statement shall also include aD. agreement. that the applicable system
development charges and. connection fe~ .will be paid to the County Utilities Division prior to
the issuance of building permits by the County. If applicable, the statement shall contain shall
contain an agreement to dedicate the appropriate utility easements. for serving the ~ater and
sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless
w'aived or otherwise provided for at the pre-application meeting~' if the project is to receive
sewer or potable water services from. any provider other than the County~. a statement from
that provide~ it;ldicating thatthere is adequate capacity to serve the project shall be provided.
UtillQ' Provision Statement RJM 10/17197
Application For Pllblle Hearin!! For PUD Rezone 6f14fO~
Uc.o7
r--8~
"-N_
o .0
Z Cl'c.o
"'-00
Eliia>
a>.o Ol
':=:O(1j
.gt5~ N
c~ 0 E-4
a>rf'l ~ Z
0106 '<I' ~
<r: r- ~
. ~' <:> .~
<:>\(l~
MO.....
1:;1:.--
:g~8..;1
ou\C~
~r:;~~
€5~~g
~~~~
--
i
U&III ~
. ;; i it III. 'IJI~ II ill,lnc1 4 ;
. .11 ti iii I 'ltll' II N .
. l I~ I Hb lill Iii
1-;1
!III ......_
~=~1L .1
. .~=
........--.., ~=-""-~~-=-::::::~-=--~:: .
. I. ~
-- f _l ._I*"',!!
~......
=:=':r:JI
:~=
..=.~"::.::~~":JF---l
- ."..- I II
__ I
I ..... I
- ---------t---
I
i
----
....... - I ---v-
A,
--- --l I
- l I!
I I
I .:
I !
i
it Ii
.. w.ww.......
I.....,...~
iorll!s-
"I!!
Ui
z
rI
tilt
2511f
D:~!
W z '9
W"'lll
Z~lil
c:; i f!
Z>~
11I;:1
zm~~
Oi5~d
II) I) '"
Ql!lRe
-~_..
~"'~f
_~ 0"
ca~iEtl
WZ<:l
0::
lIl::
Q~
...~~
"Q~
~
~
"'
~~f;j~
~ ~l ~ i
! ~~:l~
~~l-
l!!~
.,
.62/28/2665 . 23~ 53 . 6595724
~)F;~ DC$';;;'''TlhI
ADDRESSING .. Agenda He~E17cel .
. . . . ' . Octobecl0 2P06
(THU)MAR 10 2n06 10:84/S1. 10:38/N~ 63~'~L~~fR241
P00e . I of ~:>. .
ADDIUISSr!iG CHBCKLIST .
Please complete the following. nbmit.'k,.the Addressing Section for l,eview. 'ijct Nl ttep will 'W I..m .
. t;~ ~jeCt. IlemS in boW ~ are req~ired.. . . '..,. .'.
1. Lepl descdptfon orsubJect p~ or ~ (copy oflengtlry tkscrlption ml{.Y be titta~ .
:: IBe ~ ~ llf ToWllllllP ~ J\jlap :17, 1'fl'<'.II/ ~ ~ ==- l..t h. ~ II """~ !::. f,r;~ 1U,
2. J'oHo (.Property m) DlImbet(J) of abOve (attach '/oJ of'osroelatewith,l6gal description ifmore tluz lone) .
3~~S2~ -'-
, ,.
3. S1ICet address' or addresses (aJ applicable~ ifat~ twigMJ)
4; LoadOlllUp, showing exact locatiOn of project1~ i.n. relation to nearest 'P,lblic road right...~f ~wa)' ~Qtto.ah; ~
5. Copy of survey (NBRDBD ONLY 'FO~ UNPLATTBD ~ROl'BR'fIl3S) , '
6.. Propos~ -project name (if appltcable) . . .'. .
B1AQ~BearPUD - .P<9lbJ~ N~ t...ro-J ~VeM ~ ~ ~(!-""
7. Proposed Street DI.Ine$ (if tlppl~ Ie)' . '
s. Sito Dovelopmem: Plan Number (fOR EXISTING PROJBCTSlSiTBS ONLY) .
SDP..AR.. . .
9. Petldon Type - (Complete a ieparoie Addressing Ck~ fur each P~n Type)
DSDP (Site De-velopnlent ~lan) 0 PllL (PJaua'" Plat Review)
[J ~DPA (SDP ~) . 0 PSp. (Preliminary Subdivision Plai) .
8 SDP! (SDP lnsu'bsUmUaJ Chango) 0 FP (Final Plat) .
SiP (Sire JmprovemeDt Plan) . 0 LLA (Lot Line Adjustment)
,0 SlPA (Sll' Amendment)' . D BL (BtudngP~) .
B SNll (St'tWt Name CbaDao) . 8 ROW (IUg~..of..W~y :Permit)
Vegetation'Sxotic (Ve.g. Jt.crmYal Permits) , . BXP (J3xcavation .Permit) .
1!1 Land Use Pelition (VariDIlcc, ~Onditiona1 Use, 0 VRSFP (Veg. ll.emoval &;. Site Pill Pen nit)
. Boat Dock E.xt., 1lezDno, n:!Q ~ .c.) . . .
o Other - Describe~ Comu~rciaJ PlJ.D within a. qbbOrbood center v-
10, Project or deVelopment names propo>>cdtor, or a1reedy appe.q in, condominium docu.meots .(it'
applieablej incij~ whether propot.ed or existing) . .... . . .
..,.-
] 1. P1~ Cheok One: 1m Cheok1Ut,js to ~ Fued BIck. 0 Personalty Picked Ul' .
12. Appllt:ut N.~ _ToeiaN800II:otU..Qe.vidaon ~eenne. Inc. Phoh.~9.~97..3.91~hx 239,,5S17-519~
13. Sipature on Addressing CheCklist does' not consritu.te Project and/or Street Name' approval and.is IU J,ject to .
. further revieW by the ~ Section. ,...
pOR. STAJrP USE ONLY . 1 '"
P.ill.atyNum~)rS c ~!
Address Number $'$50_.
Addres' N'.-t..- .
. s WIU)Ii:l4
Address Number
.
. 'Approved by f1;, <1:~ ~
Date ~- ,11- 6 5~
kevited :I-21...ot
PUDZ~2005-AR-7834
PROJECT #2005040083
DATE: 6/23/05
MICHAEL DERUNTZ
Agenda Item No. 17C
, October 10, 2006
Page 88 of 124
~ UNITED STIlTES
IIa POSTf1L SERVICE
April 19; 2005
/Gl ~ n
: I : _1 ':W'if;5
t.Vv
PUDZ-2005-AR-7834
PROJECT #2005040083
DATE: 6/23/05
MICHAEL DERUNTZ
Tocia Napo1eoni
Davidson Engineering
2154 Trade Center Way
Suite 3
Naples, Fl. 34109
Letter of no 'objection,
Snowy Egret Plaza,
The Postal Service has no objection to delivery in your development, pending the mode of delivery in
which we will establish in accordance with your approved P.D.D.
Sincerely,
~~
Bob Skebe
Growth :Management. .
NAPLES MAIN OfFICE
1200 GOODLETTE RD N
NAPLES, Fl34102-ll998
Agenda Item No. 17C
October 10, 2006 .
Page 89 of 124
As property owner Wellfurther authorize Davidson Engineering, Inc. to act as. our/my representative
in any matters regarding this Petition. .
M(~
Signature of Property Owner
Signature of Property Owner
Illch'~~( r? ~chGe,[(eJ"
Typed or Printed Name of Owner
Typed or Printed Name of Owner .
'!he foregoing instrument was acknowledged before me this g day oHl'o/ . , 2005, by
In {a-I/,q.t::'Z 5'C:!..}/otl-u? who. is personally known to me or has produced I '
p..?(Jt. -5.y r;tJ ~.$7 .5 't leas identification. .'
State of Florida
County of Collier
.,1\fff
. pUaI.IO
STJm! Ol'
FI.OI'lIlM
UNDA WILMERING
COMMISSION # 00337950
EX~RESJUl 14,2008
&QNOl!Cln<<OVGH
Rl.lIN$I.llW'ICe COW/>J'l'f
/~NDt:l Mt,r1 B7<.IN~
(Pi-fit!, Type, or Stamp Commissioned
Name of Notary Public)
,. ,.
Application For Public Hearlne For POD Rezone 6/14/04
PUDZ-2005-AR-7834 .
PROJECT #2005040083
DATE: 6/23/05
MICHAEL DERUNTZ
Prepared bYI ,
Douglas ~. R.nkin, Bsq.
2335 T~ia=i T~ail North
Suits 308
Naples. Florida 34103
(239) 202-0061' (Without Opinion)
Agenda Item No. 17C
October 10, 2006
Page 90 of 124
*** 3570399 OR: 3746 PG: 3431 ***
RJCOllDID 1n OUlcrAL mODS of cOLlIn coon, lL
03/0712005 at 10:52M1 DWIGIlT I. JlROCl, CLIU
CORS 1150000.00
RBC !JI 10.00
DOC- .10 8050.00
Retn: ,
CRAIG D 8LUm
800 RARBDUl DR , 5
RAms lL 3m3 4151
PoredJDNambtr: 37169520009
Warranty Deed
This Indenture, Made this 28th day of February t 2005 A.D., Between
William F.V. Gallagher and Barbara J. Gallagher, husband and wife
of tho Coun!)' of Collier , Slate of Florida t grantors, lIIId
Black Bear Properties of Florida, LLC, a Florida limited liability
oompany
whoa. tddress is: 840 Jung Boulevard West, Naples, FL 34120
of lh. Coun:y of Collier
StaIO of Florida
. grantee~
Witnesseth lllat lheORANTORS. for Blld 1n COJlSlden.tlon of lb. sum of
- - - - - - - - - - - - - - - - - - - - - - - - TEN DOLLARS ( $10) - - - - - - - - - - - - - - - - - - - - - - - DOLLARS.
and other good and valuable e"'lI,idor.Uon 10 GRANTORS In hand ,paid by OIlANTEE, lhe reccript whereof I. hereby aeknowledaod. ltayo
gnnl<:d. barJ.lnocl and sold 10 the said GRANTEE and GRANTIlE'S h.I"" .uccco..... ."d a"~... Corev.... the CoIlowln.g d=ribed land. .itual..
lyingandboinginth.CoUlltyo( Collier Slale of Florida ,owle
All of Tract 125, Unit No.
plat thereof recorded in
'Records of Co~lier Coun
- ,
The property herein c
property of the Grant
Naples, FL. 34104 an
Lane,
1) ~ valorem and non ad
~ :l.n9' and subsequent
~ restrictions imposed
1, gas and mineral,
ons, reservations and
and the grllftIOq do hereby fully warr."l the tltl. io ...id land, and will dofoOO th. same &ll81....1 lawlW clainl$ of all p.....n. whomsoever.
In Witness Whereof, the vanlOrS hl.e beralnto leI their hando and seals the day and' YO&l' first above wrlnen.
Signed, sealed and delivered in our presence:
~ --=-~
Printed Nl!ll\e: /:::1:,.7 /Al:" ~#.,.h-~
Witness .
l?~e: au;; ,d'C4.N5
Witness
Uk 7/ .~~~
Wi l:l.am P.V. allagher
~:-=~~~ ~
Barbara J. allaghe
P.O, AcIllrcsr: 1883 Harbor Lane, Naplu, FL 34104
(Seal)
(Seal)
STATE OF Florida
COUNTY OF Collier
Tn. forogoina ;nstnunenl was acknowledged before m. 'hi. 2 8 t:.h dl)' of
William F.V. Gallagher and Barbara J. Gallagher,
February ,2005
husband and wife
by
who are pen;onaUy knO\VlIlo me or who ha." pmducod their U . S .
CRAKlll. BlUlAE
MY COJ,!MISSlOO I 00 0219B3
EXl'lllES: t.\ty 22. 20115
60n0edlblll HNIf fl\lMtUa6IM1t,,.
driver 1 s license ..ldentlfi..lIor
PUDZ-2005-AR-7834
PROJECT #2005040083
DATE: 6/23/05
MICHAEL DERUNTZ
'~
prin Name I
, Notary Publi c
My Comml"ion a.pi.....;
GALLAGHB
\.uerOau::r:.c.cd b)o C l>UplIy ~CI'lU. J.c:., 1001 (16~) 76l.S'SS Pooo Fl.WO-t
Agenda Item No. 17C
October 10, 2006
Page 91 of 124
PetitioJl No; PUDZ~2005-AR~ 7834
AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL
NOTICE TO AFFECTED PROPERTY OWNERS
I hereby certify that pursuant to Subsections 2.7.2.3.2.4, and 6. of the Collier County
Land Development Code, I did give notice for the public hearing before the Collier County
Planning Commission on Apri120. 2006 by U.S. mail to the affected property
owners at the addresses provided to me by the Comer County Property Appraiser's
Office on March 31. 2006.
Dated this 3fM:;.y oed ~
2006.
Per attached letters which are hereby made a part of this
Affidavit of Compliance
~y "'~f. .10 ANN V ALENTINB
co. W.., MY COMMISSION (j OD505867
"'ItOF~? EXPHI.SS' ion. IU,1l)lO
(407) aOOoOHia T'lo""~ ;~~""', :,,','roQ,oom
~
uc.o--r
"ON
..-0"-
N___
ci .0
ZON
~O'l
ECi;<D
2..0 OJ
-oeo
eo-a..
-oU
cO
<D
OJ
<t.:
":J"N lJ]!:!lS ONl "]"S 133~lS ONZ
I i I I
!
... i '"
5 ~il I 5
I
w - I
f-!;: I
in (.) I I
o '
I ~I
'{I '" '" I I I
0 i
~ '"
i ~ u I I
I I i
a~V/l31no8 "lQSlWI QoV^31(\()8 NOS11M
I I ! , I I
i
!
j I I !
i
"M"N 133CilS 1$1 "NfS 133l:ilS 1S1
I I I l 0 ' I !
'C=~
: ~
5 I : ; I '"
I 5
, I ~ I
,
Z I ,
i ~ I
g I
i I I I I
I
I
I I I ,
, i
I , I i
. N ':'33~lS Ceil: [ 'S i33MlS G~r I ; i
a..
<(
~
W
J-
en
'Ot
C')
co
.....
~
<
,
It)
J"1V:)S 0.1 .LON /
-
N
o
::l
a.
'II:
z
o
l-
I-
W
a.
E--
\ , I ~ ::' ;:
~ . !
0 ------------- -I
. ~
N
I ~
! I t:l!;
~ 0 ~
~ i:l,: I ~~ ~ N
~
::J~ :;:l~ N~~
::l ~. ~~ f-Z I g
< " ~~ ~ 00
I 0' w- I
". " -,!;:
g g 00 I I
----r 0:::0
lL-l ~
~~ ~ ~ I ~~ ~
~~~i , o~
:.ti ~~~ I - ~ i ~
~ w<
~~~ .1 ' '
N d ~ ~ ~ ;;"~,, ~~2 i5 I ~81 ~
N ~ ~; g~~ :;:l g .~ I
g""::l . g /.
OIN^""", ......
0lN1I3ToOII N08'IM --- -
I ~~ g
~N " " = ~ ~ :e~ N
~ ~~ - . ;!.i ~
N ~ ~ ~ ~.. "l~~ ~ I, ' '
~~ ~, ~ ;
z'
~ ~
g Ii
~I I!,
is
\\ , III ~
w. .
0 OJ ~ >- ;;:
~ ~ i
0 ~ ;;; ~ .
N ~ "
L-Ls I ~
.i" I
'8 I
~i b~~
~ ~~ I I
i , ~ - -
~ w - ~ ~ i
~ 0 ! I' ~ ~
~ ,
I
i
I I
I i
a..
<(
~
z
o
J-
<(
()
o
-I
<.~"'"
r <:::!
o _"0
ZO("')
"-0)
EQ3(l)
.$..0 en
-om
{gt)!l.
c:0
(l)
en
<(
IX!
U'l
@
U
I~ 9 --", -
lD
.. ...... .....
....
...~ ..........
.... -:;1'5 Hl -to ......
....I lD1 L33l!1LS
:::I
c 1II III .
In l!il
j!J UJ y- :is
<( .. ::t
r,:I ::! .. II
z: SI 61 :;; l.1 ..
.... lD
9
g ::r; m lit ~ Ii! ~ :t
~ ,
"...~. _....ii "'..... "'...
...... .... 'l~~ ...........
~ ......... -pi'
I' -'"
1": ......-..- ._flla""".
i'
. .............. ".. I;;
'3'5 rnMl5 (]N~
lil "'" ,..........""""..... -- .., -..... ---..."
.".... --",," ...... ..... ...,
... ... .
ii ... .... ".-
~ ",'"
rI""
... "",'" ;3 ;I< !II II ~ IS
'.....""" ~ ~
!!! I"]~ 1Il ;:. ~ ~ ::: ~ ... ..
"z:~~ ~m '"'-
=~~~ ~ !
D..""au ~
~ III all )\.l1n08 NO!Oll'il
'" -, ~ ~ ~ i
.. Cl .. PO
~, ~ PO ~ PO ~
.. :! ...
;;;;,-
..,.. --- ~.- -.... './In; .l3311l.5 51
",- :3 ..... ,.....- ....
.,.' "'-.. ...... "'-..
...... ...- ",......,
1\ E-- ~ .......- ..."" ..
~~ u~ PO ..
~ ~ ~ ~ ::! ~
,," ~ " ~Iilil ~
," '"-.... ...,~ I
- ~O
,/' i Oi:z:: '...
,. rn~ '--"'" ...."'lioo(j
-... .......""'-....
...-...... -.,....",. ......_.r
l& . .. 'It .. lD ~
.. .. g: .. lD .. ~
..
1 ',1,\:5 133t115 o~r
:OJ
Ii
l III 'It :a g ;;; " ~ lD ..
lD lD ... ...
-*#'-...
~' .. oa ..
.......... ......i..., :II .. C; n .. ;I
-e.... .. ;;
........... l!l
.........- ........-
Agenda Item No. 17C
October 10, 2006
Page 94 of 124
ORDINANCE NO. 06 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSfVE ZONING REGeLA TIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE
ESTATES (E) ZONING DISTRICT W1TH \VELLFIELD
RISK MANAGEMENT SPECIAL TREATMENT (WI)
OVERLAY (E-STIWSl) TO THE COMMERCIAL
PLA.."NNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR A CPUD TO BE KNOWN AS TIffi
SNOWY EGRET PLAZA CPUD, LOCA TED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF
GOLDEN GATE BOULEVARD (CR 876) AND WILSON
BOULEVARD, IN SECTION 9, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER C01J1'..TTY, FLORIDA,
CONSISTING OF 4.19 ACRES; A.l\!D BY PROVIDING
AN EFFECTIVE DATE,
WHEREAS, Kelly Smith of Davidson Engineering, Inc., representing Black Bear
Properties of FL LLC, petitioned the Board of County Commissioners to change the
zoning classification of the subject real property pursuant to petition number PUDZ-
2005-AR-7834.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
CO:MMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section
9, Township 49 South, Range 27 East, Collier County, Florida, is changed from the
Estates, Wellfield Risk Management Special Treatment (W-l) Overlay Zone (E-STIWSl)
to a Commercial Planned Unit Development (CPUD) Zoning District in accordance with
the Snowy Egret Plaza CPUD Document, attached hereto as Exhibit "An and
incorporated by reference herein. The appropriate zoning atlas map or maps as described
in Ordinance Number 2004-41, as amended, the Collier County Land Development Code,
is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon f11ing with the Florida Department of
State.
PUDZ-2D05-AJl,.7834
10f2
d ,.11 I
Agenda Item No. 17C
October 10, 2006
Page 95 of 124
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of
Collier County, Florida, this _ day of
,2006,
BOARD OF COUNTY CO:MMISSIONERS
COLLIER COUNTY, FLORIDA
ATIEST:
DWIGHT E. BROCK, CLERK
By:
FR.A.l\!'K HALAS, CHAIRMAN
By:
Deputy Clerk
Approved as to form
and legal sufficiency
o1'b ., . ?11.~
MarjO~ent-Stirling
Assistant County Attorney
-~
PUDZ-200S-AR-7834/MJDlsp
punz..2005 -AR-7834
2of2
Agenda Item No. 17C
October 10, 2006
Page 96 of 124
SNOWY EGRET PLAZA CPUD
A
COMMERCIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Black Bear Properties of FL LLC
840 Jung Blvd W
Naples FL 34120
PREP ARED BY:
Davidson Engineering, Inc.
2154 Trade Center Way; Suite 3
Naples FL 341 09
Exhibit A
DATE REVIEWD BY CCPC 9-7-06
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES ii
STATEMENT OF COMPLIANCE iii
SHORT TITLE iii
SECTION I: PROPERTY OWNERSHIP & DESCRIPTION 1-1
SECTION II: PROJECT DEVELOPMENT REQUIREMENTS 2-1
SECTION III: COMMERCIAL DEVELOPMENT REGULATIONS 3-1
SECTION IV: PRESERVE AREA PLAN 4-1
SECTION V: DEVELOPMENT COMMITMENTS 5-1
Section VI: DEVIATIONS 6-1
Agenda Item No. 17C
October 10. 2006
Page 97 of 124
EXHIBIT "A"
Agenda Item No. 17C
October 10, 2006
Page 98 of 124
LIST OF EXHIBITS AND TABLES
CPUD Master Plan
ii
Agenda Item No. 17C
October 10,2006
Page 99 of 124
STATEMENT OF COMPLIANCE
The development of approximately 4.19 acres of property in eastern Collier County as a
Commercial Planned Unit Development to be known as the Snowy Egret Plaza CPUD
will be in compliance with the planning goals and objectives of Collier County as set
forth in the Collier County GMP. The commercial facilities of the Snowy Egret Plaza
CPUD will be consistent with the growth policies. land development regulations, and
applicable comprehensive planning objectives for the following reasons:
1. The subject property is within the Neighborhood Center Subdistrict of the Estates-
Mixed Use Designation as identified on the Future Land Use Map and as
described in the Golden Gate Area Master Plan. The Golden Gate Area Master
Plan permits commercial land uses, limited to intermediate commercial uses. so
as to provide for a wider variety of goods and services in areas that have a
higher degree of automobile traffic. The Snowy Egret Plaza CPUD is compliant
with the Neighborhood Center Subdistrict criteria established in the Golden Gate
Area Master Plan.
2. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the
Land Development Code as set forth in Objective 3 of the Future Land Use
Element.
4. The project development is planned to protect the functioning of natural
drainage features and natural groundwater aquifer recharge areas as described
in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
5. The project shall be in compliance with Objective 3.1 of the Conservation and
Coastal Management Element of the Growth Management Plan.
6. All final local development orders for this project are subject to the Adequate
Public Facilities sections of the Land Development Code. as required by
Objective 2 of the Future Land Use Element.
7. The project is located within a well field protection zone and the project
development is planned to protect the function of these natural groundwater
aquifer recharge areas as described in objective 1.5 of the Drainage Sub-
element of the Public Facilities Element and Objective 3.1 of the Conservation
and Coastal Management Element of the GMP.
Hi
Agenda Item No. 17C
October 10, 2006
Page 100 of 124
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property.
and to describe the existing conditions of the property proposed to be developed
under the project name of the Snowy Egret Plaza CPUD.
1.2 LEGAL DESCRIPTION
The subject property being 4.19 acres, is located in Section 9. Township 49 South. Range
27 East, and is fully described as:
All of Tract 125. Golden Gate Estates. Unit No. 12, according to the plat thereof. as
recorded in Plat Book 4. Page 105, Public Records of Collier County. Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Black Bear Properties of FL, LLC.
1.4 PHYSICAL DESCRIPTION
The subject property is located at the southwest corner of the intersection of Golden
Gate Boulevard and Wilson Boulevard and is primarily located within the Main Golden
Gate Canal Basin. The proposed outfall for the project is to an existing Wilson Boulevard
swale along the eastern boundary of the project. Natural ground elevation varies from
12.5 feet to 13.2 feet NGVD. The subject property is also located within zone W-1 of the
Golden Gate Well Field. The entire site is located within FEMA Flood Zone "0" with no
base flood elevation specified. The site is dominated by slash pines. cypress, and
cabbage palms.
1.5 PROJECT DESCRIPTION
The Snowy Egret Plaza CPUD shall be a commercial development of a mixture of retail.
office and general commercial land uses. The buildings within the proposed
development will have a common architectural theme.
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "Snowy Egret Plaza Commercial
Planned Unit Development Ordinance."
1- 1
Agenda Item No, 17C
October 10, 2006
Page 101 of 124
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1. PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development. relationships to applicable County ordinances, the respective land uses
of the tracts included in the project, as well as other project relationships.
2.2. GENERAL
A. Regulations for development of the Snowy Egret Plaza CPUD shall be in
accordance with the contents of this Document. PUD-Planned Unit
Development District and other applicable sections and parts of the LDC and
GMP in effect at the time of application for the type of development order to
which those regulations relate. Where these regulations fail to provide
developmental standards then the provisions of the most similar district in the
County LDC shall apply.
B. Unless otherwise noted. the definitions of all terms shall be the same as the
definitions set forth in LDC in effect at the time of application for the type of
development order to which those regulations relate.
e. All conditions imposed and all graphic material presented depicting
restrictions for the development of the Snowy Egret Plaza CPUD shall become
part of the regulations that govern the manner in which the CPUD site may
be developed.
D. All applicable regulations, unless specifically waived through a variance or
separate provision provided for in this epUD Document shall remain in full
force and effect.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of the LDC.
2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master Plan is illustrated graphically by Exhibit "A", epUD Master
Plan.
2.4. RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a plat. and/or condominium plat for all or part of the
CPUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with
the CPUD Master Plan. the Collier County Subdivision Code and the platting
laws of the State of Florida.
2-1
Agenda Item No. 17C
October 10, 2006
Page 102 of 124
B. Exhibit "A", CPUD Master Plan. constitutes the required CPUD Development
Plan. If applicable, a preliminary subdivision plat shall be submitted for the
entire area covered by the CPUD Master Plan subsequent to or concurrent
with CPUD approval. Any division of property and the development of the
land shall be in compliance with the LDC, and the platting laws of the State
of Florida.
C. The provisions of the Land Development Code when applicable shall apply
to the development of all platted tracts, or parcels of land as provided in said
LDC prior to the issuance of a building permit or other development order.
D. All necessary easements, dedications. or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
2.5. PUD DOCUMENT AND MASTER PLAN
A. Exhibit "A". CPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be varied at
any subsequent approval phase such as final platting or site development
plan application subject to provisions of the LDC.
B. The Community Development and Environmental Services Administrator, or
his designee. shall be authorized to approve minor changes and refinements
as limited by the LDC to the Snowy Egret Plaza CPUD Master Plan upon
written request of the developer.
C. Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
ordinances and regulations prior to the Administrator's consideration for
approval.
D. Approval by the Administrator of a minor change or refinement may occur
independently from. and prior to any application for subdivision (if required),
or site development plan approval. however, the Administrator or his
designee's approval shall not constitute an authorization for development or
the implementation of the minor change or refinement unless the applicable
permits are first obtained.
2.6 Amendments to the PUD Document
Amendments to the CPUD Document may be made in accordance with the process
set forth in the LDC.
Maintenance of Common Areas
2-2
Agenda Item No. 17C
October 10, 2006
Page 103 of 124
A Property owners association shall be established for the maintenance of all common
areas within the project unless the property is developed and owned by a single entity.
2-3
Agenda Item No. 17C
October 10, 2006
Page 104 of 124
SECTION III
COMMERCIAL AREAS PLAN
3. 1. PURPOSE
The purpose of this Section is to set forth specific development standards for the
commercial areas as shown on Exhibit "A". CPUD Master Plan.
3. 2. GENERAL DESCRIPTION
Commercial areas designated on the CPUD Master Plan are intended to provide retail
and office uses with a common architectural theme.
3. 3. PERMITTED USES
No building or structure, or part thereof, shall be erected, altered or used. or land used,
in whole or in part. for other than the following:
A. Permitted Uses:
1. Accounting, auditing and bookkeeping services (group 8721).
2. Apparel and accessory stores (groups 5611--5699).
3. Auto and home supply stores (group 5531).
4. Barber shops (group 7241), except barber schools.
5. Beauty shops (group 7231). except beauty schools.
6. Business services (groups 7311. 7322-7330,7332-7338,7361--7379,7384,7389,
except auctioneering service, automobile recovery, automobile repossession, batik
work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement. cosmetic
kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile.
exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-
decoration. folding and refolding. gas systems. bottle labeling. liquidation services,
metal slitting and shearing. packaging and labeling, patrol of electric transmission or
gas lines. pipeline or power line inspection, press clipping service, recording studios,
repossession service, rug binding, salvaging of damaged merchandise. scrap steel
cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool
cleaning, tape slitting, texture designers, textile folding. tobacco sheeting. window
trimming. and yacht brokers).
7. Child day care services (group 8351).
8. Eating places with 6,000 square feet or less in gross floor area in the principal
structure (group 5812 only). All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption shall be subject to the locational requirements
of the LDC.
3-1
Agenda Item No. 17C
October 10, 2006
Page 105 of 124
9. Food stores (groups 5411--5499), excluding stand alone convenience stores with
or without gas.
10. General merchandise stores (group 5399).
11. Hardware stores (group 5251).
12. Health services (groups 8011-8049.8082).
13. Home furniture, furnishing, and equipment stores (groups 5712-5736).
14. Insurance carriers. agents and brokers [groups 6311--6399, 6411).
15. Legal services [group 8111).
16. Management and public relations services (groups 8741--8743, 8748).
17. Membership organizations (groups 8611--8699).
18. Miscellaneous repair services (groups 7629--7631. 7699 bicycle repair, binocular
repair, camera repair. key duplicating. leather goods repair. locksmith shop, picture
framing, and pocketbook repair only).
19. Miscellaneous retail (groups 5912-5963, except pawnshops and building
materials, 5992-5999. except auction rooms. awning shops. gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool baths). For the purpose of this
rezone, a pharmacy or drugstore with up to two ancillary drive through lanes to serve
the pharmacy only and not located between the main structure and an adjacent
roadway will not constitute a "drive through establishment" as prohibited by the
Neighborhood Center Sub district of the Golden Gate Area Master Plan.
20. Museums and art galleries [group 8412).
21. Non-depository credit institutions (groups 6111--6163) .
22. Offices for engineering. architectural, and surveying services (groups 0781.8711--
8713).
23. Paint, glass and wallpaper stores (group 5231).
24. Personal services [groups 7212, 7215. 7216 non-industrial dry cleaning only, 7291.
7299, babysitting bureaus, clothing rental, costume rental. dating service. debt
counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical
investigation service. and hair removal only).
25. Photographic studios (group 7221 ).
3-2
Agenda Item No, 17C
October 10, 2006
Page 106 of 124
26. Physical fitness facilities (group 7991 ).
27. Public administration (groups 9111--9199,9229,9311. 9411--9451. 9512--9532,
9611--9661 ).
28. Real estate (groups 6531--6552).
29. Retail nurseries, lawn and garden supply stores (group 5261).
30. Security and commodity brokers, dealer, exchanges and services (groups 6211--
6289).
31. Shoe repair shops and shoeshine parlors (group 7251 ).
32. Transportation services (group 4724). travel agencies only.
33. United States Postal Service (group 4311 except major distribution centers).
34. Veterinary services (groups 0742, 0752 excluding outside kenneling).
35. Videotape rental (group 7841).
36. Any other use which is comparable in nature with the foregoing list of permitted
principal uses. as determined by the Board of Zoning Appeals ("BZA").
B. Accessory Uses:
1 . Uses and structures that are accessory and incidental to the permitted uses
within the CPUD Document.
2. Caretaker's residence, in accordance with the Land Development Code.
3. Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals ("BZA").
3. 4. PROHIBITED USES
The following principal permitted uses are prohibited within the Snowy Egret CPUD:
A. Prohibited Uses:
1. Drinking places (group 5813)
2. Liquor stores (group 5921)
3. Mail order houses (group 5961)
3-3
Agenda Item No. 17C
October 10, 2006
Page 107 of 124
4. Merchandizing machine operators (group 5962)
5. Power laundries (group 7211)
6. Crematories (group 7261) (does not include non-crematory funeral parlors)
7. Radio. TV representatives (group 7313)
8. Direct mail advertising services (group 7331)
9. NEe recreational shooting ranges. waterslides. etc. (group 7999)
10. General hospitals (group 8062)
11. Psychiatric hospitals (group 8063)
12. Specialty hospitals (group 8069)
13. Elementary and secondary schools (group 8211)
14. Colleges (group 8221)
15. Junior colleges (group 8222)
16. Libraries (group 8231 )
17. Correctional institutions (group 9223)
18. Waste management (group 9511)
19. Homeless shelters and soup kitchens
20. Automobile parking (group 7521)
21. General merchandise stores (group 5331)
22. Pawn Shop (group 5932)
23. Adult book store
24. Gasoline service stations (group 5541 )
25. Automotive services (group 7549)
26. Group care facilities.
27. Individual and family social services (group 8322).
3-4
Agenda Item No. 17C
October 10, 2006
Page 108 of 124
3.5. CONDITIONAL USES
The following uses are permissible as conditional uses, subject to the standards and
procedures established in the LDC:
1. Conditional uses permissible within the "E" Estates zoning district.
3.6. DEVELOPMENT STANDARDS
A. Minimum Lot Area: Ten thousand (10,000) square feet.
B. Minimum Lot Width: One hundred (100) feet.
C. Minimum Yards:
1. Front yard: Twenty-five (25) feet.
2. Side yard: Fifteen (15) feet.
3. Rear yard: Fifteen (15) feet.
4. Preserve setback:
a. Principal structures: Twenty-five (25) feet.
b. Accessory Structures: Ten (10) feet.
D. Minimum Distance Between Principal Structures: Fifteen (15) feet.
E. Minimum Floor Area: Seven hundred (700) square feet.
F. Maximum Height: Actual height shall be thirty-five (35) feet and one (1 )-story.
Tower features, cupolas and similar architectural features required by the Land
Development Code shall not exceed 45 feet in actual height.
G. Open Space Requirements:
1 . Green space in the form of functional public open-space equal to seven
percent of the size of the vehicular use areas shall be provided as part of
the required open space. Such green space shall be developed as
follows:
a. Green space must be developed within the front yard(s) or as
pedestrian accessible courtyards. The courtyards must only be
located in areas that are in close proximity to the retail shopping
area and in areas likely to be used by pedestrians visiting the
shopping center and retail establishment.
3-5
Agenda Item No, 17C
October 10, 2006
Page 109 of 124
b. Green space must be considered areas designed for
environmental, scenic or noncommercial recreation purposes and
be pedestrian-friendly and aesthetically appealing.
c. Green space may only include the following: lawns, mulch.
decorative plantings, non-prohibited exotic trees, walkways within
the interior of the green space area not used for shopping.
fountains, manmade watercourses (but not water retention areas),
wooded areas. park benches. site lighting. sculptures, gazebos.
and any other similar items that the planning services director
deems appropriate.
d. Green space must include: walkways within the interior of the
green space area not used for shopping, a minimum of one foot of
park bench per 1.000 square feet of building area. and a minimum
of one tree or palm for each 250 square feet of green space area.
The green space area must use existing trees where possible and
landscaping credits will be allowed as governed by Table
4.06.04.0.
e. Benches may also be located in interior landscaped areas and 75
percent of benches may be located adjacent to the building
envelope along paths, walkways and within arcades or malls.
f. Green space shall be in addition to the building perimeter planting
area requirements and other landscaping requirements. Green
space may be used to meet the open space requirements set forth
by Section 4.02.01.B of the Collier County Land Development
Code. and must be labeled "Green Space" on all subdivision and
site plans.
g. The interior landscape requirements of as required by 4.06.03 of the
LDC for this CPUD shall be reduced to an amount equal to five
percent of the vehicular use area on site.
2. A minimum of ten (10) percent of the subject property shall be
devoted to native vegetation preserve area as described in
Section 3.05.07 of the Collier County Land Development Code.
H. Buffering Requirements:
1. A twenty-five (25) foot wide buffer shall be provided along both Golden
Gate Boulevard and Wilson Boulevard, with the landscaping as required in
the Golden Gate Area Master Plan and Section 4.06.01 of the Collier
County Land Development Code, which includes the following:
a. Two staggered rows of trees that shall be spaced no more than 30
feet on center. and a double hedge at least 24 inches in height at
3-6
Agenda Item No. 17C
October 10, 2006
Page 110 of 124
time of planting and attaining a minimum of three feet height
within one year.
b. A minimum of 50% of the 25-foot wide buffer area shall be
comprised of a meandering bed or shrubs and ground covers
other than grass.
c. Existing native trees must be retained within this 25-foot wide buffer
area to aid in achieving this buffer requirement; other existing
native vegetation shall be retained, where possible. to aid in
achieving this buffer requirement.
d. Water retention/detention areas shall be allowed in this buffer area
if left in natural state, and drainage conveyance through the buffer
area shall be allowed if necessary to reach an external outfall.
2. A seventy-five (75) foot wide buffer of retained native vegetation shall be
provided along the western and southern side property lines.
a. Twenty-five (25) feet of the width of the buffer along the
developed area shall be a landscape buffer.
b. A minimum of fifty (50) feet of the buffer width shall consist of
retained native vegetation and shall be consistent with Section
3.05.07 of the LDC. Should the adjoining parcel be rezoned for
commercial purposes or as a conditional use, the required buffer
shall be reduced to 25' which shall be retained as native
vegetation.
c. The native vegetation retention area may consist of a perimeter
berm and be used for water management detention. Any newly
constructed berm shall be revegetated to meet Section 3.05.07 of
the Collier County Land Development Code. Any site clearing,
grading, or excavation will be in compliance with the vegetation
removal permit requirements of the LDC.
d. Native vegetation retention area(s) used for water management
purposes shall meet the following criteria:
(1) There shall be no adverse impacts to the native vegetation
being retained. The additional water directed to this area
shall not increase the annual hydro-period unless it is proven
that such would have no adverse impact to the existing
vegetation.
(2) If the project requires permitting by the South Florida Water
Management District. the project shall provide a letter or
official document including an approved application or
3-7
Agenda Item No, 17C
October 10, 2006
Page 111 of 124
permit issuance from the District indicating that the native
vegetation within the retention area will not have to be
removed to comply with water management requirements.
If the District cannot or will not supply such a letter, then the
native vegetation retention area shall not be used for water
management.
(3) If the project is reviewed by Collier County. the County
engineer shall provide evidence that no removal of native
vegetation is necessary to facilitate the necessary storage of
water in the management area.
e. Native vegetation retention area(s) shall not be used for parking.
3. Fences or walls may be constructed on the commercial side of the .
required landscape buffer between adjacent commercial and residential
uses. If constructed. such fences or walls shall not exceed five (5) feet in
height. Walls shall be constructed of brick or stone facing. Fences shall be
of wood or concrete post or rail types, and shall be of open design (not
covered by slats, boards or wire).
I. Signs: Signs shall be permitted as described in the Collier County Land
Development Code.
J. Lighting: All lighting facilities shall be architecturally designed and shall be limited
to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from
neighboring r2sidentialland uses.
K. Hours of Operation: The hours of operations shall be limited to 6 AM to 11 PM for
all non-governmental services.
3-8
Agenda Item No, 17C
October 10. 2006
Page 112 of 124
SECTION IV
PRESERVE AREA PLAN
4. 1. PURPOSE
The purpose of this Section is to identify specific development standards for the Preserve
Areas as shown on Exhibit "AI!. CPUD Master Plan. A minimum of ten (10) percent of the
existing 4.19 acres of native vegetation shall be devoted to natural habitat preserve
areas as described in the Land Development Code.
4. 2. PERMITTED USES
The CPUD Master Plan provides for 0.42 acres of upland preserve area, or 10% of the
existing native vegetation. Minor adjustments may be made to the boundaries of
preserve areas based on permitting considerations.
No building. structure or part thereof, shall be erected, altered or used. or land used, in
whole or part, for other than the following and subject to permitting. Any clearing will
be permitted and the required preserve acreage shall be retained un-cleared.
A. Permitted Principal Uses and Structures
1 . Passive recreational uses such as pervious nature trails or boardwalks are allowed
within the preserve areas. as long as any clearing required to facilitate these uses does
not impact the minimum required vegetation. For the purpose of this section, passive
recreational uses are those uses that would allow limited access to the preserve in a
manner that will not cause any negative impacts to the preserve, such as pervious
pathways. benches and educational signs. Fences may be utilized outside of the
preserves to provide protection in the preserves in accordance with the Land
Development Code. Fences and walls are not permitted within the preserve area.
2. Native preserves.
3. Any other use deemed comparable in nature by the board of zoning appeals.
B. Development Standards
1. Minimum Yard Requirements
a. Principal structures shall be required to have a minimum setback of
twenty-five (25) feet from preserve areas.
b. Accessory structures and any site alteration shall be required to have a minimum
setback of ten (10) feet from preserve areas.
4-1
Agenda Item No. 17C
October 10, 2006
Page 113 of 124
SECTION V
DEVELOPMENT COMMITMENTS
5. 1. PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5. 2. GENERAL
A. All facilities shall be constructed in strict accordance with final site development
plans, final subdivision plans and all applicable state and local laws, codes, and
regulations applicable to this CPUD. Except where specifically noted or stated
otherwise, the standards and specifications of the Land Development Code shall apply
to this project even if the land within the CPUD is not to be platted. The developer, his
successor and assigns shall be responsible for the commitments outlined in this
document.
B. The developer. his successor or assignee shall follow the Master Plan and the
regulations of the CPUD as adopted, and any other conditions or modifications as may
be agreed to in the rezoning of the property. Ay successor or assignee in title is bound
by the commitments within this document.
5.3. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
A. This PUD is subject to the Sunset Provisions of the Land Development Code.
B. An annual monitoring report shall be submitted pursuant the Land Development
Code.
5.4. ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with. or following the
construction of the principal structure. A construction operation/management office
and leasing office may be constructed after zoning approval but before construction
of any principal structures.
5. 5. ENGINEERING
Except as otherwise provided within this epUD Document. this project shall be required
to meet all County Ordinances in effect at the time final construction documents are
submitted for development approval.
5-1
Agenda Item No. 17C
October 10, 2006
Page 114 of 124
5.6. ENVIRONMENTAL
A. All principal structures shall have a minimum setback of 25' from the boundary of
any preserve. Accessory structures and all other site alterations shall have a minimum
1 O-foot setback.
B. Environmental permitting shall be in accordance with the state of Florida
Environmental Resource Permit rules and be subject to review and approval by the
Environmental Services Staff. Removal of exotic vegetation shall not be counted
towards mitigation for impacts to Collier County jurisdictional wetlands.
C. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes. Setbacks shall be
adhered to in accordance with the Land Development Code.
D. All conservation areas shall be designated as tracts/easements with protective
C. covenants. Easements shall be dedicated on the plat to the property owners
association for ownership and maintenance and to Collier County with no responsibility
for maintenance.
E. A Preserve Area Management Plan shall be provided to Environmental Services
Staff for approval prior to site/construction plan approval. The Preserve Management
Plan shall identify methods to address treatment of exotic species, fire management.
and maintenance.
F. All Category I invasive exotic plants. as defined by the Florida Exotic Pest Plant
Council, shall be removed from within preserve areas and subsequent annual removal
of these plants. in perpetuity, shall be the responsibility of the property owner.
G. This CPUD shall be consistent with the Environmental section of the GMP
Conservation and Coastal Management Element and the LDC at the time of final
development order approval.
H. This CPUD shall comply with the guidelines and recommendations of the US Fish
and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission
(FWC) regarding potential impacts to protected species onsite. A Habitat Management
Plan for those protected species shall be submitted to Environmental Services Staff for
review and approval prior to final site plan/construction plan approval.
I. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to
final site plan/construction plan approval.
J. All principal structures shall have a minimum setback of 25 feet from the
boundary of any preserve. Accessory structures and all other site alterations shall have
a minimum 1 O-foot setback.
5. 7. PLANNING
5-2
Agenda Item No. 17C
October 10, 2006
Page 115 of 124
Pursuant to the Land Development Code. if during the course of site clearing.
excavation or other construction activity a historic or archaeological artifact is found.
all development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department
contacted.
5.8 ARCHITECTURAL
A. All buildings within any single specific quadrant of the Neighborhood Center Sub
district shall utilize a common architectural theme. This theme shall be applicable to
both building design and signage.
B. All buildings shall have "Old Style Florida" metal roofs. The buildings shall have an
"Old Florida" architectural style and be finished in light. subdued colors, except for
decorative trim.
C. Pedestrian traffic shall be encouraged through the placement of sidewalks,
pedestrian walkways, and marked crosswalks within parking areas. Adjacent projects
shall coordinate placement of sidewalks so that a continuous pathway through the
Neighborhood Center is created.
D. Adjacent buildings within the Snowy Egret Plaza CPUD shall be connected with
walkways or courtyards.
E. Drive-through establishments shall be limited to banks and pharmacies, with no
more than 3 lanes; the drive-through areas shall be architecturally integrated with the
rest of the building.
5.9 TRANSPORTATION
A. Access from Golden Gate Boulevard shall be designed to be located as far west
from the intersection as possible. The Golden Gate Boulevard access may be restricted
to "Right-In" only condition due to the proximity to the intersection.
B. Driveways accessing parcels on opposite sides of the roadway shall be in direct
alignment except when the roadway median between the two parcels has no
opening.
C. All traffic control devices, signs. pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS). current edition. FDOT Design Standards, current edition,
and the Manual on Uniform Traffic Control Devices (MUTCD). current edition. All other
improvements shall be consistent with and as required by the land Development Code
(LDC)
D. Arterial level street lighting shall be provided at all access points. Access lighting
must be in place prior to the issuance of the first Certificate of Occupancy (CO).
5-3
Agenda Item No. 17C
October 10. 2006
Page 116 of 124
E. Access points, including both driveways and proposed streets, shown on the
CPUD Master Plan are considered to be conceptual. Nothing depicted on any such
Master Plan shall vest any right of access at any specific point along any property
frontage. All such access issues shall be approved or denied during the review of
required subsequent site plan or final plat submissions. All such access shall be
consistent with the Collier County Access Management Policy (Res. 01-247). as it may
be amended from time to time. and with the Collier County Long-range Transportation
Plan. The number of access points constructed may be less than the number depicted
on the Master Plan; however. no additional access points shall be considered unless a
CPUD Amendment is to be processed.
F. Site-related improvements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project. as determined by Collier County.
shall not be eligible for impact fee credits. All required improvements shall be in place
and available to the public prior to the issuance of the first CO.
G. All work within Collier County rights-of-way or public easements shall require a
Right-of-way Permit.
H. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither will the existence of a point of ingress.
a point of egress or a median opening, nor the lack thereof. shall be the basis for any
future cause of action for damages against the County by the developer, its successor
in title, or assignee except as defined in 5.7.A. above.
I. All internal roads. driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier Country shall have no responsibility for maintenance of any such
facilities.
J. If any required turn lane improvement requires the use of existing County right-of-
way or easement, compensating right-of-way, shall be provided without cost to Collier
County as a consequence of such improvement.
K. If, in the sole opinion of Collier County, a traffic signal. or other traffic control
device. sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary. the cost of such improvement shall be borne
by the developer and shall be paid to Collier County before the issuance of the first
CO.
L. At the time of first application for site development plan, the petitioner shall
construct or contribute up to $5.000.00 to the Collier County School District for
acquisition and/or construction of a public school bus stop. Such public school bus stop
shall be located as close as possible to the subject site and be subject to approval by
the Department of Alternative Modes of Transportation.
5-4
Agenda Item No. 17C
October 10, 2006
Page 117 of 124
M. Shared access and parking are permitted with adjoining commercial
developments. subject to an access and/or parking agreement with the adjoining
property owner.
N. Future right-of-way needs along Wilson Boulevard and Golden Gate Boulevard
shall be determined at the time of site development plan submittal. The intersection of
Golden Gate Boulevard and Wilson Boulevard is currently under design and the exact
right-of-way needs of the County will be determined at the 30% design phase of the
Golden Gate Boulevard improvement project. The developer shall donate at no cost
to the County the reserved right of way area as defined on the master plan, not to
exceed 25 feet along Golden Gate Blvd. and 15 feet along Wilson Blvd. Should Collier
County need additional area along Wilson Blvd. to facilitate roadway improvements.
the developer will grant up to 10 additional feet in the form of an easement for the
Counties use consistent with the buffering requirements contained in the Neighborhood
Center Sub district.
5.10 UTILITIES
A. Since the project site is not presently serviced with centrally provided water and
sewer. the project shall utilize well and septic systems until central water and sewer are
available.
B. A 40 foot by 60 foot easement shall be provided to the County for the purpose of
providing a well field site. The exact location of the site is depicted on the Conceptual
Master Plan (Exhibit A).
5.11 WATER MANAGEMENT
Surface water management for the project will be designed according to South Florida
Water Management District and Collier County design standards. The system will
attenuate the 25-year 3-day storm even as well as meet current water quality treatment
criteria. The project will provide water management within the required preserve area
subject to the conditions of Section 3.6.1.2 of this document.
5-5
oc.o-.:r lNI'.u.ll~
f'o-ON . .,l:;;
..-0...- i
N_
O - 0 ~ N :;;
Z~CO ~ ~/ ~~ w ~w ~~~~ 2w~~ 0
~ o. ~:jz~
~ ~~ 8. ~ a~~i ~~w
.- ...- ~ ~~ ~g~~ "~,~ o~.a
c ID~ ~ ~. ~ -0 ~:~~~~~~ ~i
~~ ~5 w~ ! o~~~ ~;o~
2..oQ) ~ ~g ~ ~ wg ~ffi~~ ~~~~ ~~~B o....1=~U~~w 4
'" ~8 ~~ ffi~~~~~; ~@~~ ~~g~ ~~~~i~~~
-00) w
. i~ ,,:w.c i"~ ~c!::<z~Ir...:~~
co ..... co ~ ."0 III C:S:;W!;2 W F=5 ....z5
. w~~~~ ~~5~~ l~ ~
-oUo.. " 1 8U~ <0 ~g~~~~~~~
cO CD ~~ m~" ffi~ ~ ~~ ~~ <~~t w~~
"~ ~~~- ~~~ffiwffi~~~~~% ~~~~ ~H~~~g~~ N
(l) ~~ ~O~ "~i~"~ g ~ %
0) "'8 ~~~ 52 ~~ mwW 0 0 z, w~ oo~2sU)~<~U)
<t: ~. ~~. NO -g~~~~S~~~~" ~ig~ ~~~~~;~~~
0" 1!i!" !i~ ~~ffi~~~zg2~~~ ID;~<
~~ $It 8~~ fig 1~~~~U)~~~i~~ewg~o . r=~m~~lI')i5~iil
~~~~~~8~O<~~W8<~~~ ~~~i"O~"wlE
~Ig ~~U i3~ ~~f~~~~ ~~,.:~!,.: ~ .,.;~rnooai ::::i=~
IlIrtO'kI't>>O.~
(TOO'R/"l)
.~~~=':"~:~::'~==:=-:=~'~~~=::~~~'~'~~~~=:.".=.o'::-:---::::~=~~d'
'" .
I! GOLDeN GI,E BOUcE\'PRI!, jmn!
._~ ~ _~ ~.::~~~:.~_~=J' ~~=_=_~=~=_==~_~~.",
I-.~ - -l-;';;,"";:';-~~r';)- - r-1 -- - - --~,--! II \
::;.'ll-::- ~- ~ -- --1--::- -J:- 'I I
.' II l!
.1
-'-' jl,
"'.. IF
: - _.~-:;';';'-:.od--=--:'':::=
lI....no-t.!.X1.CIO\')
""".$.lt"'.~I,''''')
II WIIC":5O' [ ",CCJ"(~l
~ .....$"Z'T. " )01.'11'(11)
i;
Ii
, ~~I
\ \1, i
rl
II! !
1 1 I
Ii
i!
I.
I! ,
~ , ,
L.LJ
I '
...J
:;!;
()
0::
W
~~
00::
u<(
~:!:
I!:i~
~!i
",-
kilo
N
.tiz
~~
~i~
:81~
i~'~
..:'"
~i i
"~.
I I;
~ !
. !
I I
.
i
fl 'j
'i
I,
- .l 0
,.
I~ 0:::
.J" ..<
- ->
w
-,
0
OJ
I , z
0
(.Ii
~
__~_ _~___ -------- ---1
I
I
i
i
,
. I
L-...J
i :
, i
! i
I
i
!
~"'.,L,..1.-.,.:
I ' I
I.' 1
, ,j"t 11
hl"__ !<
! .'." ,
-r'-~-"" -', - ,,' -;
i - -' '---il'/!
__--/ I
'='LL'_'_j..u.II~ " ~
\ . '; .
I ~' \ P
! ,~.
., It k
II III ~
I
".......:'O...>>I-'tM)
..~:[$JQ.0lT(Pl
!!
it )1
I'l I
L:
,,~t-"O.lIO'(l')
1II1f'....)oI..)Ot.~..l
N"""',,' II 37t.e.3'tw)
--
~'-b'-
Vl
!'5 <
e;15
N x
..., )(
...,IJJ
..
~5
~lL
"'n:
~ l!!
CVI
;;,;<
">:It
.Vl
~~==J
~ ~
~ ~ 0
n&
cj~
Z;1l
-~
..;:;:
C)g
Zu...
_VI
a:: ~ It>
WlL '"
<~
WZ~
Z"''''
w~
-....'"
.... 5:::
WVl-
Z>--~
W<u..'"
::: !iI
Zo::~g
lJJ",e
O!zC?8
....IJJ:;; d
v,* U \n Z
Q IJJ ;;-ci
Q",-
-~~~
>....IJJ<
ct:~~~
_~:J:O
"'NG..U
W~~
l/):
Cl~
>~
-(~
Cl~
>-~
.."
z
o
Ii'
"
"
~~V1
Z
:J
o
"
w
~
o
~
ffiiii
::j~o
~~;~
.. :z:: > C") It)
~~~Li~
a ~~ U)::::
~~i&
C,.l..,z
:e~
'"
MAP 9
Agenda Item No. 17C
Page 119 of 124
GOLDEN GATE ESTATES
NEIGHBORHOOD CENTERS
Collier County, Florida
IMMOKALE:: ROAD
0] WELL ROAD
IMMOKALEE ROAD
c:i
>
....J
CD
Z
o
If)
....J
3:
o
>
....J
co
If)
w
o
<>:
....J
CJ
ct:
W
>
u...
GOLDEN GATE BOULEVARD
WHITE BLVD,
o
>
....J
co
ct:
w
:::::i
....J
o
()
iNTERSTATE - 75
AMENDED - OCTOBER 26, 2004
Ord, No. 2004- 71
GOLDEN GA1E ESTATES I
NEIGHBORHOOD CENTERS
LEGEND
_ NEIGHBORHOOD
CEN1ERS
,
0 1 MI 2 MI
r
AMENDED - SEPTEMBER 10. 2003
Ord, No. 2003-44
PREPARED BY: GRAPHICS AND TECHNICAL SU"PORT SECTION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
FILE: GGMP-47,DWG DATE: 11/2004
l
J
1-7a'"'
.. . .. '"' ..::rDl~th ~ . -
,\. e! ;:-<\:.!" ~;;:!:"';'1:::!~~'!'" '<G<-'\
I I LEU
tT.~-- ,
, !
r-
Snowy Egret Plaza PUD
Trip Generation Report
Prepared For
Michael Schoeller
Black Bear Properties of FL, LLC
840 Jung Blvd W
Naples FL 34120
Prepared by
Davidson Engineering, Inc.
2154 Trade Center Way
Naples, Florida 34109
May 2005
Agenda Item No. 17C
October 10, 2006
Page 121 of 124
Jeff L, Davidson. P.E.
P.E. Registration No. 47161
Company Registration No. 00009496
o
Agenda Item No. 17C
October 10, 2006
Page 122 of 124
Introduction
Snowy Egret Plaza PUD is a 5.2 acre commercial use project located at the southwest corner of
the intersection of Golden Gate Boulevard and Wilson Boulevard. The subject property is zoned
Estates and is designated Estates-Mixed Use on the Collier County Future Land Use Map. It is
proposed to be rezoned to a commercial PUD for low intensity transitional commercial land
uses, convenience commercial land uses and intermediate commercial land uses. The project is
within Section 9, Township 49 South, Range 27 East, and Collier County, Florida.
Existing Conditions
The project site is in an undeveloped status.
ProposedlD1proveD1ents
A total of approximately 15,000 SF of retail/commercial buildings are proposed to be built at
project site, along with associated roadway, parking, utilities, and storm water management.
Trip Generation
Trip generation rates were per the Institute of Transportation Engineers publication, Trip
Generation Sixth Edition. The Land Use Categories and associated square footage used for the
project are listed below.
A) NUD1ber of units (i.e. dwelling units, square feet, etc.)
The total number of units for the Retail on this site is 15,000 SF.
B) Description of developD1ent and ITE category for trip generation.
This development is retail use building. The ITE category used for this trip generation is
Retail-Shopping Center (LUC 820).
Trip Generation
Calculated Traffic
Weekend Daily Traffic =
2,01
AM Peak Hour Traffic=52
PM Peak Hour Traffic = 180
Table 1. Shopping Center (LUC 820)
X = 15.0
E uation
Ln(T)=0.643Ln(X)+5.866
Ln(T)=o .596Ln(X)+ 2.329
Ln(T)=0.660Ln(X)+ 40
Exitin
1006
(50%)
20 (3 %)
93 ( 2%)
Pass-by trips rate
Due to the nature of retail/shopping center, the pass-by rates had been determined as 68% by
referencing Figure 5.5 from ITE trip generation handbook using the formula: Ln(T)= -0.291 Ln
(X) +5.001; where T is the pass-by rate(%) and X represents the Gross Leasable Area (GIA) in
1,000 square feet.
Agenda Item No. 17C
October 10, 2006
Page 123 of 124
The total net added trips due to the project should be calculated as the formula below:
Net added trips=Table 1*(1-0.68)
C) Total trips generated for the Average Annual Daily Traffic (AADT) and the
AM and PM peak hours.
Total trips generated for the Average Annual Daily Traffic (MDT) and the AM and PM
peak hours are listed in the chart below.
Calculated Traffic Entering Exiting Total
MDT 1,006 1,006 2,013
AM Peak Hour Traffic 31 20 52
PM Peak Hour Traffic 86 93 180
Table 2. Site Generation
Ta e 3. AADT Non Pass- )y Extern Project Trips
Land Calculated Pass- Total P.M Peak
Use Total by Entering Exiting Hour Non Pass-
Trips Rate by External Trips
Retail 2,013 68% 327 327 653
* MDT trips are calculated with 68% pass-by rate and 0.0% internal capture rate
bl
b
al
Trip Distribution and Impacted Roadway Segments
. 30% existing/entering trips will head west along Golden Gate Blvd;
. 20% entering/existing trips will head east along Golden Gate Blvd;
. 25% entering/existing trips will head north along Wilson Blvd;
. 25% entering/existing trips will head south along Wilson Blvd.
a e 4. mpacte e2I (lents
Segment Roadway AADT *Service %of
Direction From/to Project Service
# Name Trips Volume Volume
Golden East of
1 Gate Blvd East/West Collier 196 34,900 0.56%
Blvd
Golden East of
2 Gate Blvd East/West Wilson 131 34,900 0.37%
Blvd
Wilson North of .
3 Blvd North/South Golden 163 16,600 0.98%
Gate Blvd
Wilson South of
4 Blvd North/South Golden 163 16,600 0.98%
Gate Blvd
* MDT service volumes are derived from ARTPIAN.
T bl
I
dS
Agenda Item No. 17C
October 10. 2006
Page 124 of 124
a e 5. e to mpacte oa way egments
Segment Roadway Name Direction From/to Added
# AADT
1 Golden Gate Blvd East/West East of Collier Blvd 196
2 Golden Gate Blvd East/West East of Wilson Blvd 131
Wilson Blvd North/South North of Golden 163
3 Gate Blvd
4 Wilson Blvd North/South South of Golden 163
Gate Blvd
T hI
Add d AADT I
d& d
S
Conclusion
Since the net added AADT is less than 1000 trips and the peak hour trips is less than 100, no
further traffic impact study is needed for this project. This site development project may have
slight negative impact to the existing roadway.
8cc- r< ,()! /() IOh
-:PIeJy} ~ f}C
De
DAVIDSON
E N GIN E E R I t'-I G
Addenda to the Staff Report
PU DZ-2005-AR-7824
Snowy Egret CPUD Rezone
10-10-06
Item 1:
Petitioner requests that language in the PUD, Section 3.3.A. be revised to reflect
as follows:
9. Food Stores (groups 5411 - 5499) Within 200 feet of the south property
line. stand alone convenience stores shall not be permitted.
This language was reviewed and approved by the President of the Golden Gate
Civic Association.
Agenda Item No. 170
October 10, 2006
Page 1 of 30
EXECUTIVE SUMMARY
Recommendation to amend the State Housing Initiative Partnership (S.H.I.P.) Program
through Chapter 114 of the County's Code of Laws to reflect improved administrative
procedures and organizational changes.
OBJECTIVE: To have the Board of County Commissioners (BCC) amend the S.H.I.P.
Program through Chapter 114 of the County's Code of Laws to reflect improved administrative
procedures and organizational changes.
CONSIDERATION: Chapter 114 of the County's Code of Laws and Ordinances includes
Ordinance No. 94-39 that established the S.H.I.P. residential rehabilitation program.
This amendment to Chapter 114 will clarify and make changes to provide for improved
contracts, forms and verifications. These changes ensure the Ordinance is consistent with
mandated practices.
,-
Examples of these administrative changes include:
· Correct department name to Operations Support and Housing.
· Show document name instead of Form # i.e. Form "D" is the "Third Party Verification of
Employment Information" Form.
· Delete the Contractors Pre-qualified by the County section. All contracts are between the
homeowner and the contractor. All contractors must still be in good standing with the
County.
· Condense the "Inspections for Code Deficiencies" and the "Inspections for Work other
than Code Deficiencies" sections into one section.
These changes have no financial effect on the administration of this program; all changes are
only administrative.
FISCAL IMP ACT: There is no fiscal impact associated with this amendment.
GROWTH MANAGEMENT IMPACT: The continued use of the S.H.I.P. Program will allow
Collier County to continue to meet the goals, policies and objectives of the comprehensive plan.
LEGAL CONSIDERATIONS: The proposed Ordinance has been approved as to form and
legal sufficiency by the County Attorney's Office.
RECOMMENDATION: To have the BCC amend the S.H.I.P. Program through Chapter 114
of the County's Code of Laws to reflect improved administrative procedures and organizational
changes.
- PREPARED BY: Lauren Beard, SHIP Program Coordinator
Operations Support and Housing
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17D
Agenda Item No. 170
October 10, 2006
Page 2 of 30
Recommendation to amend the Slate Housing InitiatIVe Partnership (S.H.I.P.) Residential
Rehabilitation Program through Chapter 114 of the Countys Code of Laws to reflect Improved
administrative procedures and organizational changes
10/10/20069:0000 AM
Date
Prepared By
Lauren Beard
Community Development &
Environmental Services
SHIP Program Coordinator
Financial Admin. & Housing
9/22/2006 12:58:27 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/28/20063:10 PM
Date
Approved By
Denton Baker
Community Development &
Environmental Services
Financial Admin & Housing Director
Financial Admin. & Housing
9/29/2006 9:46 AM
Approved By
Joseph K, Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
Date
9/29120064:02 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
1013/2006 B:52 AM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
1013/2006 9:45 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County M anager'$ Office
10/3/2006 12:45 PM
Agenda Item No. 170
October 10, 2006
Page 3 of 30
ORDINANCE NO. 2006-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 94-39,
AS AMENDED, KNOWN AS THE COLLIER COUNTY RESIDENTIAL
REHABILITATION PROGRAM, CODIFIED IN CHAPTER 114,
ARTICLE IV OF THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES AND PERTAINING TO THE STATE HOUSING
INITIATIVE PARTNERSHIP (S.H.I.P.) PROGRAM, IN ORDER TO
REFLECT ADMINISTRATIVE PROCEDURES AND
ORGANIZATIONAL CHANGES; PROVIDE FOR CONFLICT AND
SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDE FOR AN EFFECTIVE DATE.
WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable
Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, with rules
adopted at Chapter 67-37, Florida Administrative Code, as a comprehensive funding package
for state and local housing programs to better enable local governments to meet their
responsibilities for affordable housing in accordance with their comprehensive plans; and
WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing
documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development
and maintenance of affordable housing; and
WHEREAS, Collier County implemented a Local Housing Assistance Program through the
adoption of Ordinance No. 93-19, the "Collier County Housing Initiatives Partnership (SHIP)
Program;" and
WHEREAS, consistent with the Local Housing Assistance Plan, the Board of County
Commissioners (Board) adopted Ordinance No, 94-39, the "Collier County Residential
Rehabilitation Program;" and
WHEREAS, the Board desires to amend the Residential Rehabilitation Program to
reflect administrative procedures and organizational changes intended to improve the program's
function,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Chapter 114, !\rticle IV, RESIDENTIAL REHABILITATION
PROGRAM, ofthe Code of Laws and Ordinances, is amended as follows:
Sec. 114-71. Introduction.
The purpose of this policy is to establish administrative procedures and program
guidelines for housing in Collier County which is eligible for rehabilitation and is owned and
occupied by very low- and low-income persons and families. The standard defmition for both
"lowei' income family" and "very low-income family" are found in the Code of Federal
Regulations (CFR) Title 24, Section 813,102, A "lowei' income family" is defined as: "a family
whose annual income does not exceed 80 percent of the median income for the area, as
determined by HUD, with adjustments for smaller and larger families" while a very low-income
family is "a family whose annual income does not exceed 50 percent of the median income for
the area, as determined by HUD '" "
Very low- and low-income persons are also defined in Collier County Ordinance No. 93-
19, The Local Housing Assistance Program as follows:
Page I of28
Underlined text added; strilce tlH-eugB text is deleted
Agenda Item No. 170
October 10, 2006
Page 4 of 30
(1) LOlv-income person means one or more natural persons or a family, not including
students, that has a total adjusted gross household income that does not exceed 80
percent of the median annual adjusted gross income for households within the state or
80 percent of the median adjusted gross income for households within the Metropolitan
Statistical Area or, if not within a Metropolitan Statistical Area, within the county,
whichever is greater. , , , "
(2) Very low-income person means one or more natural persons or a family, not including
students, that has a total annual adjusted gross income that does not exceed 50 percent
of the median annual adjusted gross annual income for households within the state or
50 percent of the median annual adjusted gross income for households within the
Metropolitan Statistical Area or, if not within a Metropolitan Statistical Area, within
the county, whichever is greater. . , . "
Income data for the Naples Metropolitan Statistical Area are supplied by the U.S.
Department of Housing and Urban Development (HUD), and apply to all of Collier County, The
definition for "annual income" is found in 24 CFR, Section 813.106.
Sec. 114-72. Administration.
(a) The dire6tor of the This Program shall be administered bv the Collier County FiRan6ial
.A.dmmistratioB Operational Support and Housing Department (OSH). hereinafter referred to as
"Department." is designated as the program administrator,
(b) The Callier COl:illty FiHafl6ial :\dFl'linistration aHa HOH-SiRg Department ~ shall be
responsible for:
(1) Identifying potential program participants,
a, Potential participants for the program will be identified through the
following activities:
1, The flFlafl6ial aamiHistFatieR and ReNsing G.Qepartment will
advertise in a publication of general circulation in the county announcing
the program and the availability of funds for rehabilitation services.
2. The fiBafl6ial administration ana RONsmg d.Qepartment will
contact local non-profit, community-based organizations in the county
through outreach activities to locate potentially program participants,
i. Collier County Ordinance No, 93-19 defines community-based
organization as " . . . a non-profit organization that has among its
purposes the provision of affordable housing to persons who have
special needs or very low-income persons, low-income persons, or
moderate-income persons within a designated area, which may
include a municipality, a county, or more than one municipality or
county, and maintains, through a minimum of one-third
representation on the organization's governing board and
otherwise, accountability to housing program beneficiaries and
residents of the designated area, A community housing
development organization established pursuant to 24 CFR, Part
92,2 and a community development corporation created pursuant
to F,S, Ch, 290, are examples of community-based organizations."
3. The Collier County Code Enforcement Department will fill1 refer
potential clients that have been cited with violations of Collier County
Housing Code Ordinance No, 89-06, as amended, to the fiRafl6ial
aamiRistration &FiG housing 4.Qepartment. The finandal admffiistFatioH
and hGNsing d.Qepartment will determine the individual/family interest in
participating in the program and whether the potential participant is
income eligible to participate in the program, pursuant to the requirements
set forth of paragFaflfl (8), below.
(2) Applicant eligibility criteria,
a. All applicants in this program must have fee simple ownership of the
single-family dwelling unit for which residential rehabilitation services are
requested,
Page 2 of28
Underlined text added; s1Fil,e tBFeugll text is deleted
Agenda Item No. 170
October 10, 2006
Page 5 of 30
1, Where there are co-owners for a property, each co-owner is
required to participate in the application process, the income eligibility
determination process which includes household income and asset
certification and third party verification, and the secondary mortgage/lien
application and closing process.
b, Accepting and processing applications for rehabilitation services:
1. All potential participants must complete the program application
entitled "Farm '/\', Collier CouFlty Resiaential Reha-l3ilitatioFl
Program PreJimrnary .^.flJ3lieatioFl, "Application for Housing
Assistance."
2, The prelimiFlar)' application form shall be used to document the
general information regarding the potential participant which will
include, but not be limited to, ownership status, number of
residents living in the housing unit, previous residences,
employment history, and bailie aHa eredit refereRees ana mstElry
all financial assets owned bv the households,
3. The prelimiFlaf)' application must be signed by all parties with an
ownership interest in the property,
4. "Form :\, "Collier CouBty ResideRtial RehabilitatiaFl Program
PrelilRinary /\.jlplieati(:lFi"The Application for Housing Assistance
shall be maintained as part of the permanent program file for each
homeowner making application to the Collier County Residential
Rehabilitation Program.
c, All potential participants must sign the eomjllete "Form 'B', ::Residential
Rehabilitation Applicant Income Certification,"
1. The iFleome eertifieatioFl farm shall be eampletea by potential
partieipaRts ta determine, Hi part, the ineame eligibility of the
indivial:lal(s) aRd t!:le hOl:lseRold ajlfllying far the program,
SHI.?, income certification, This form is required
documentation for any program utilizing the S,H,I.P. monies as a
funding source. Information contained herein relates to
anticipated household income. assets, and household data, A copy
of the S,H.I.P. income certification form will be maintained in the
borrower's permanent file.
2. Documentation of income sources for each household resident or
other immediate family member over 18 years of age must be
provided for the last 12-month period preceding the date of the
application.
3. Adequate documentation may include, but not be limited to, the
most recent year's federal income tax return.
4, Failure to disclose and report all sources of household and family
income during this process will result in disqualification for a
residential rehabilitation loan.
~ If apjllieaFlt is appHJ\'ec:I for flartieiJ3atiaF! iF! tRis program, ai'l)" and
all JoaR foods 'Sill 8eeeme due aFla jlaya-l3le immediately bIflaR
"'TitteR Flotie@ delivered BY eertified mail y:!:lere sueh unreported
iReoml? is daeumented by tAe program admiRistFater,
&, i. "Form B, "ResideRtial ReRabilitatioR .^.pplieaflt Ineaffie
CertificatieFl" The SHI.?, income certification shall be
maintained as part of the permanent program file for each
homeowner making application to the Collier County Residential
Rehabilitation Program,
2:. For purposes of this program. assets shall include, but not be
limited to, real property other than the propertv to be rehabilitated
under this program. savings. stocks. bonds and other forms of
Page 3 of28
Underlined text added; slrike lBreHgll text is deleted
Agenda Item No. 170
October 10, 2006
Page 6 of 30
capita] investment. excluding interests in Indian trust land and
eQuitv in a housing cooperative unit.
d, ,A.ll petefJ.tiaJ partieifllH'lts mast eeR1fllete either "ferm 'C', Resideetial
Rei:1al3ilitatieR .^.}3fllie81'lt ;\sset Certifieatiel1" er "ferm 'C 1 " ResiEieetial
Reaal3ilitatisR Pmgram .^.sset CertifieatioR ;\adeRalm1, "
1. "ferm C, Residential ReaaeilitatioR Apj3liermt ;\sset
CertiHeatieR" shall be eemj3letea BY all psteRtial pregram
partieij3aRts who meet the folhnviag eriteria in order to eetermine
initial iReome elig-i13ility,
1, :'.Wi Relmee'SBer ...:aose assets exeeed $S ,ggg.OO (iHeh:lEiiRg
all family Hlemeers elr otber imlivioo.aJs residiag iR the
hoase to be rehaBilitates); IH'ld
11. :\.R)' homeewRer '::hose ROHle may be rehaeilitEttes 'Nitk
:fi.ffiEis H-om any fimaiR[; seocee other tRIH'l Hurrieane
;\HElre'?: ;\ssistanee sr SHIP,
2. This eertifieatioR ffi\:lGt be eeFAflletes so as to iRelade asset
iRfelrmatioR for all resideets elf the kotlsiRg anit aflS all Hlembers
af tke family liIflit.
3, for tkese ReHlee'I,'fler", wRese heme will be rehaBilitates
exeh:lGively witk funds frem tRe SHIP j3ragram afld 'l..,aelse assets
de Ret e)tseed $5,990,00, the form eetitled "farm C 1, Residential
Rehaeilita,tien PregFB.m Asset CertifieatioR .\ddeBOOm." shall he
eempletes,
1. SllI,R eertifieation shall be Qf3fllied to afla HH:lGt iReluae the
assets ef all family memeer", resiaiRg in tRe uwelliRg rmi.t.
1, 8atl1 "form C, Residential Rel1abilitatiel1 Pregram .\Gset
CertiHeatieR" amI "ferm C 1, ResideNtial Reha13ilitatieN Prsgram
.^.sset CertifieatioR .\ddeFHhim" sRall be maietaiNee as flart of the
j3ermaReRt program file for eash homesv.'fler makiRg applieatisR
te the Callier Ce1:lRty Residential Rehabilitatisn Program.
S, For j3t1l'floses sf this program, assets shall inelade, bat Ret be
limited to, real flreperty ether tRan the proj3erty to be rlOlhaBilitated
\IDser tRis j3rogram, saviRgs, stoeltS, beReS ans other fol"FFbS of
eapital iRvestm8f}t, 8)[loll:leiRg iNterests in IndilH'l trust laRd and
eqt/ity in a Rel:lsing eaeperative lffiit.
e,. 4:. All potential participants must provide adequate information so that
"Form 'D', a current "Third-Partv Verification of Employment form" can
be completed in a timely manner by their employer,
1. Potential participants must complete and silm Part I, ;\j3plisaRt
lRfsrmatiOR aRe Part II, Empleyer IRFormatioR, whish msh:lses the
naR'le aRd asdress ef their el:lIT-8F1t employer the form's
authorization portion, Applicants must provide their emplover's
name. address. phone number and contact information,
2. Employer must complete ~ the Third Partv Verification of
Emplovment Information form and sign the document, and return
the document by mail or pllfseFlal delivery fax to the finansial
admiNisa-atiem ana hm:lsiRg d.Q.epartment.
3. Applications will not be considered complete until the verification
of employment form has been signed and delivered to the ~
~ finMlsial admiRistratien aRa hOl:lsiRg Department.
r. Cellier Ce\ffity fiaaReial f.dmiRistratieR aad Heusiag
Dej3artment shall j3r-evide aft aadi-essed, stamped efJ.velope
te be atilizeG by the emJ'llsyer to return ti:1e yerifieatiaFl sf
employment ferm to the fiRaRsial .^.dJninisa-atien aRe
Housing departHli!nt.
Page 4 of28
Underlined text added; &lrilte tBrsliga text is deleted
Agenda Item No, 170
October 10, 2006
Page 7 of 30
ir. 1, Third Party Verification of Employment Information f':
forms returned to the FmaFIcial .^.GrrHFlistFatieFl aB8
HBHsiFlg dDepartment by potential participants will not be
accepted for use in the program
4, "Ferm 'D', "E!rifieatiGFl of ER1flle)'t1'lE!Flt" The Third Party
V erification of Employment form shall be maintained as part of
the permanent program file for each homeowner making
application to the Collier County Residential Rehabilitation
Program
~ Sh Where a potential program participant is unemployed at the time that
application is made to participate in the Collier County Residential
Rehabilitation Program, the form entitled "ferm E, Unemployed
Affidavit" shall be completed, signed, and notarized by the applicant.
1. If an individual becomes employed during the course of the
program application process, the individual must report said
employment to the Collier Celffity fiFlaBeial adIDirnstratien aB8
Housing dllepartment within ten working days, excluding holidays
and weekends, and complete "Form D, a new Third Party
Verification of EmploymentJQrm,.!!. referred to in seetieR 111
72(8)(5), above,
2. "Form E, The Unemployed Affidavit.!!. shall be maintained as part
of the permanent program file for each homeowner making
application to the Collier County Residential Rehabilitation
Program
g,. f. If potential participantz or any member of the household is receiving any
form of public assistance, the form entitled "Form F, Third Party
Verification of Benefits" must be completed as part of the application
process,
1. The total amount of public assistance that is provided to each
individual residing in the household must be documented on the
Third-Party verification of benefits form,
2, The "verification of benefits" form must include all sources of
public assistance funds for all household members,
3, "ForFIl F, The Verification of Benefits form!!- shall be maintained
as part of the permanent program file for each homeowner making
application to the Collier County Residential Rehabilitation
Program.
R. for iFldivif:h:tals or families wHose swelling ooit '.vas damages by
HHrricafle /\flGrew, the form efltitled "Form ,\ 1, HOFIleo'....Rer Hl:lITieafle
Damage Certifieatien" shall be eompleted aBS signed by tHe neFIleo'.Yfler
afld aBY eo OWRer.
1. CGFFlflletieR ef tlte eamage certifieation form by a peteRtial
program participaFlt shall initiate ~e iFlspeetioR praeess by ~he
CEHiFlty Code EnfBreemeflt DCflartmeRt or the City of Naples
BHiJdiRg DivisioFl.
2, "Form ,^. 1, Homeewner Hurricane Damage CertifieatioFl" shall be
maintained as flart ef tAe ]'lermanent ]'lrograR'l file fer each
home0wner makiFlg application to the Collier COllBty ResiaBFltial
Rehabilitation Pmgram,
t, g. Other verification forms may be developed and used from time to time by
the Collier Cooot)' finaneial aemirnstratieFl ans Reusing e.Q.epartment in
the course of the program in order to obtain third party verification of all
sources of income and verification of all assets claimed by an applicant
or other household resident and/or member making application to the
prograITh-. to include. Social Security, Unemployment Benefits, Veteran
Page 5 of 28
Underlined text added; stFil,e furSHgll. text is deleted
Agenda Item No. 170
October 10, 2006
Page 8 of 30
Benefits. Worker's Compensation. State and Private Retirement Benefits.
annuities. disabilitv or death benefits. and severance pavments,
1. Refusal by an applicant to provide information to the GellieF
~ fiBBfleial aamillistfatioB Bfld hOHsmg d.Qepartment
regarding sources for third party verifications for income and
assets shall be considered sufficient grounds for a negative
determination of program eligibility.
(3) Applicant eligibility determination.
a, The Collier Ceuaty finaFlsial aamiBistration ana hQusmg d.Qepartment
will maintain a program file for each prospective program participant that
will contain all related participant applications, verifications, references,
credit histories, and other related documents,
h, Cellier Coooty fiHaRsial ,^.am:inis1;ration and HOUGiRg eperatienal sl:lpflort
aRa Hmisiflg DElflartmeHt (OSH) ""ill eetel'fl'liFle '?.'hetHer easR applisaflt
meets the iRseme eligibility sriteria fer the program set forth iH the
dQSl.1meRt efttitlea "Ferm G, Heusehold IH:soffie Sur/ey fol'fl'l f-or
Reha!:Jilita-tioR PrElg'F8l1'l. "
1, The msome eligihility sriteria usee eR this furm shall Be l:Ipaa-ted
011 aB allfl-aal basis to refleet the most reeem medilH'l iR6eme aata
as establishea BY the U.S. DeflartmeRt of HeasiRg IH'ld UrhaR
De\'elepmeRt.
2. "fol'fl'l G, Hsuseheld IR6eme Swvey form f-or Rehabilita-tieR
Program" sRall he maimained as part of the permaRent prGgram
file fer easH heffieewRer makiRg e,pplieation to the Collier Cetmty
ResideHtial RehaailitatieR Program,
(;, .!1. Applicant eligibility determination shall include a review of each
applicant's eredit histocy mortgage pavment history for a 12-month
period,
1. Each applicant and co-applicant must sign an "form H, Relea3e
81i8 CeRSeHt fer Tme Party V erifiea-tiofl," "Authorization for the
Release ofInformation" form.
2. Use of this form is restricted to the Collier Coooty fi:nlH'leial
.^.dministra-tisR aBe Housing Department, its grantors, or a
participating local fmancial institution, as required and permitted
by law,
3, "form H, Release liRe CeRseflt for TRira Party Verifiea-tion" The
Authorization for the Release of Information form shall be
maintained as part of the permanent program file for each
homeowner making application to the Collier County Residential
Rehabilitation Program,
4- f... Applicant eligibility determination shall include verification of applicant's
ownership of the property to be rehabilitated and disclosure of mortgages
to lending institutions.
1. Where an applicant owns title to the property to be rehabilitated,
applicant shall provide a copy of the property deed to the
fiRaneial ,^.dministta-tieFl and HOHSia-g d.Qepartment.
i. The fiFlaneial aemffiistra-tioR Bfla housing d.Qepartment
shall be permitted to obtain a copy of the deed by which
applicant acquired title of the property to be rehabilitated
from the public records of Collier County.
ii. Where no such public record exists, it shall be contingent
upon the applicant to demonstrate ownership of the
property for which application is being made.
2, All applicants must provide adequate information so that "fol'fl'l I,
the "Verification of Mortgage or Deed of Trust" form can be
Page 6 of28
Underlined text added; slrilce 1J:Jl'8~il text is deleted
Agenda Item No. 17D
October 10, 2006
Page 9 of 30
completed by any lending institution holding a note on the
property to be rehabilitated,
3, Applicants must complete Part I, Applicant Information and Part
II, Lender Information, which includes the name and address of
any lending institution holding a note on the property to be
rehabilitated.
i. If no lending institution holds a mortgage, applicant must
designate such information on!!f'.emH, the Verification of
Mortgage or Deed of Trust!!. form.
4. If applicable, the lending institution must complete Part III,
Mortgage Information, and return the signed document to the
Collier COHflt)' fiHaR6ial admini~tratioB aRa housiRg a.Qepartment.
i If applicable, the Collier COllllty finan6ial administmtioR
aRa He1:i~iR:; dDepartment shall provide an addressed
envelope to be utilized by the lending institution to return
or via fax to the OSH fax number. "form I, the
Verification of Mortgage or Deed of Trust!!. form to the
Collier Ce1:iRty finaRsial aaministraticlFJ. aRd Housing
a.Qepartment.
11. Completed Verification of Mortgage or Deed of Trust, Part
III forms that are delivered to the fiRaneial admiffistratioR
and heusiRg d.Qepartment by program applicants will not
be accepted for use in the residential rehabilitation
program.
5, "form I, The Verification of Mortgage or Deed of Trust!!. will be
maintained as part of the permanent program file for each
homeowner making application to the Collier County Residential
Rehabilitation Program,
e, fi Each applicant must meet the following criteria:
1. Homes less tHaR 12 meFltHs do Rot Ejualify under this program
Homeowners must have made 12 monthlv mortgage pavments on
their current homestead property to qualify under this program
2, Rehabilitation including construction and emergency repair of
affordable housing qualifies under the program, For purposes of
this section, rehabilitation means repairs or improvements which
are needed for safe and/or sanitary habitation, correction of code
violations, ereaticlfI. of additional livinG spaee, or addition of
handicapped accessible items.
3. Loans are limited to a maximwn of$15,000.00 per household
4, Mortgages on the property must be current for the most recent 12-
month period,
5, The properties must have a homestead exemption through the
Collier Count v Property Appraiser's Office,
f, ~ Each potential participant shall be sent a letter from the Collier County
frnaBeial admiRistratiofl aFld Housing a.Qepartment notifying them whether
they meet the eligibility criteria established herein,
1. In cases where a potential participant is determined to be
ineligible, the reasons for this determination shall be set forth in
the notification letter to the potential participant(s).
1. Any such negative determination of eligibility shall be
mailed to the applicant by eertified mail within three days
of such determination.
2, Potential participants who have been determined to be ineligible
shall be given the opportunity to correct or explain in greater
Page 7 of 28
Underlined text added; sInh thrsHga text is deleted
Agenda Item No. 170
October 10, 2006
Page 10 of 30
detail any infarmatian that resulted in, or affected the negative
eligibility determinatian made by the finaneial aQmiBistratie:e afIQ
hel:lsmg dQepartment.
3, The pregram admiRistra-tor Department Directar 131' his/her
designee shall have the authority ta make a final determinatian
regarding an applicant's campliance with the requirements far
third party verificatian,
4. The program aderiBistrator Department Directar 131' his/her
designee shall have the final decisian-making autharity regarding
a determinatian af eligibility 131' nan-eligibility far participatian in
the Callier Caunty Residential Rehabilitation Pragram
5. Such determinatian shall be kept as a permanent part of the
applicant's pragram file.
Sec. 114-73. Determination of corrective action.
(a) [Generally,] Determinatian af corrective actians by &fI: l! iFlsfJestmg del3f:Himent or
~ Rehab Specialist may accur pursuant ta this section 114-73 after an application
ta the Callier Caunty Rehabilitatian Program has been submitted by an individual
hameowner.
(1) Determinatian af carrective actians may be conducted prior to an applicant's
receiving a final determination of eligibility from the Collier Ceooty FiFlafleial
,\eministra-tioFl afId Hel:lsing dQepartment.
(b) Ul'lil'lB8r[J8rsted C81lio," C8b1,'rty Inspection,
(1) The Collier County Rehab Specialist will conduct and camplete the initial
inspectian af a dwelling unit under this program within ten warking days of
natificatian af a hameowner's participatian in the Callier County Residential
Rehabilitatian Program by the Collier Cal:lflty FiRaneial ,^.dmiRistra-tieR afId
HOlism:; dQepartmen!.
a. Initial inspectian will determine if there are deficiencies aRa/or '/ialatiems
of the Collier COl:lflty Hel:lSiRg Code Ordinaflee, OrdiRanee POlo. S9 06, as
ameFldea. under HUD Hausing Qualitv Standards (HQS).
1, The eo de e:efereement ael3artEaeHt may pursue eRfOreemeHt aetioR
against iFldividuals er ]3fOl3erty O'Nilers where Reusing eade
vie lations are f-aund.
b. Callier Caunty will dacument the results af the initial inspectian an the
eode eRforeement depf:Himel'lt's form HOS standards farm effi#led
"IRspeetial'l Repart, MiHiml:lffi Hal:lsing Code Ordinanee Sg (Hi" This
furm may also be ref-8lTe8 to as "Form J" fer Hse iR this pregram,
1. ,\ eepy oftRe signed, eempleted mSfleetiofl form will be provided
tEl the ROl:lsiRg l'lfH:I 1:Ifsan im-pro'/emeflt aepartmeflt 'NithiR three
worbng days ef the eompletion of the iBsfleetion by the eode
OlBforeement departmeBt.
~, 1. "InsflestieR Report, MiRil1'lliffi Housing Cede" The HQS standards
farm OrdiRlH'lee S9 O€l"shall be maintained as part af the
permanent program file far each hameawner making applicatian
ta the Collier Caunty Residential Rehabilitatian Program,
c. Callier Caunty shall identify and priaritize cade viola-tionsthe
rehabilitatian scape an the "inspection repart" campleted for each
dwelling unit sa that rehabilitatian services can be directed at eliminatian
af any pressing and immediate safety and/or health concern.
1. Health and safety hausing cade vialations shall be given priarity
by cantractars aver any cosmetic rehabilitatian wark during
inspectian, bid preparatian, and pravisian af rehabilitatian
services.
Page 8 of28
Underlined text added; strike 1hrsliga text is deleted
Agenda Item No. 17D
October 10, 2006
Page 11 of 30
2. It shall be the responsibility of the coHtFaetor Rehab Specialist, in
consultation with the homeowner, to determine and prioritize
rehabilitation services beyond immediate health and/or safety
concerns which are identified and prioritized by the GeilieF
County Code gnfBreillmmt DilfJartFHilHt HOS inspection report,
d. The signed and completed seOil ilnfareelReI'lt HOS inspection report
aepartFHent inspeetion refJort will provide the basis for contractors to
complete the form entitled "POfH'l K, Collier County Residential
RilRal3ilitatiaR ProgoraHl \Verk ',\iritil Up," "Collier County Residential
Rehabilitation Program Bid Specs."
(10) eft)' ef"'-.'sfJles,
(1) /.t tae city's aiseretion, either the City of Naples BuildiHg Div~sion or Collier
Coumy ',,,ill sOFlooet ane eOl'nfllete tl:til initial insfJiletion of dWillling 1:IDits HRdilr
tHis fJmgoram within teR workiRg days sf notifieatiell by Colliilr Ceooty PiR,*,eial
,\aministrati0F1 aFla H eusiFlg Department of a hamilo\\'Her's partieipatian in the
Collier COlmty Resiaential Rehabilitatisn PmgoraFH BY the C011ier COWl.ty
Pinaneial /.aministratioR aFld HousiFlg DepartmeHt within the insorporatea
Bmmdaries afthe City oH:aples.
a, Initial insj3eeti0n ",ill aeterrrHHe if tHere are defisieFlsies ana/ar yialatiaFls
0fthe City of Naples HOlising Code OrdiR,*,oe, OrdinaRee No, 92 6621,
as amended,
1. The City 0f :Naples Bwlding Di'iision may pursHe enf{3roement
aetisn against individuals or property own(s) wRilre R0using sade
violations are f0tIDd,
b, City of Naples BuilaiRg Di':isian 0r Cellier C0unty COdil gnfBrseFHeHt
Department inspeeters will aoeameHt tae results 0f the initial m.speetioFl
on tHe farm eI'ltitlila "PSI"'FR L, City of]>1 aples Inspilsti0n Rej'lort" or some
otHer stanaara form waion may be dilvelsped fer use in tRis pmgraHl.
1. ,^. espy efthe signed, oOFHpleted inspeotion form will Be pmvidea
te tae Callier COHRty PiFlaHeial .^.aFH:inistration ana HClUsiFlg
Dej'lartmilnt within tarilil werking days of thil c0Fllflletion of the
ins]3eetien b)' tnil insflesting aivisieR or departmilllt.
2, "Perm L, City 0fNaples IFlspeetioR Report" shall be maintainea as
part of tHe permanent pm;;ram file fer eash hemeewner maldng
applieatieFl to tRil Collier Ceooty Rilsiaential RilRabiJitation
Pwgoram whose rilsidl/lnee is loeated within tHe eit)' bOl:lRearies.
c. City ofNaflles BHilaing DivisioR, or etHer inspeeting entity, sRall iaentify
and priaritize eode violatisFls on eaeH awelling ooit so that reRaeilitation
serviees eaR be direeted at elimiFlatioR of any pressiFlg ana immediatil
safety and/or health eeReem,
1. Health ana safilty HOUSing sods violations shall b@ giYeI'l priority
by eentraetors over aRY eosFHiltie rehabilitaticJn 'l/erk allring
in~eetien, Bid preparation, and provision of reHabilitative
serviees,
2, It shall Be tHe re5j'lonsibiJity of tAil eOFltraeter, in eOFlsblltatieFl v:ita
tAil nerRilOWFlE!r, to detill'FlliFlE! aBd prieritize rehabilitaticlFl silrviees
beyona imFHeaiate saf~ty aHa/ar healtH eSFleerns whieH are
ideBtified aHd ]3rieritized by the City oHlapleo BHilding Division,
or other iFls]3eeting illltity.
d. THe signed and cSFH]3Jeted insJ3eetion report will providE! t.he basis for
6entraeters te eomplete tAe fol"'FR entitled "Porm J, Collier County
ResiEleRtiaJ RehabilitatioFl Pragoram 'Norl; ',"rite Up,"
fd+ ill Contractor's initial inspection,
(1) The contractors selected by the owner of the property or J3re EJl:Ialified by
the eOlffity as aeseribea in section 111 71 (e) (1 ) shall conduct a
Page 9 of28
Underlined text added; slFihe WSHgll. text is deleted
Agenda Item No. 170
October 10, 2006
Page 12 of 30
professional inspection of any eligible dwelling unit iR sreer to aetemrine
tae Beea f{lf aBY reH~ilitati0Fl werle that gees beyeBa cBITecti0R of
hatIBing eaae vielatieRs as determined on the HOS and the Collier County
Residential Rehabilitation Program Bid Specs.
a. Any such rehabilitation work that may go beyond the minimum
requirements of the City af N8j3les Ha'lisiag CQde Florida
Building Code shall be documented and noted on the work write-
up form by the inspecting contractor.
b, The contractor shall document estimated material requirements
and unit labor costs for installation of materials on the work write-
up form.
1, The work write-up form shall include any estimates of cost
for the materials and work that must be completed to
correct all county and/or city housing code deficiencies
found during the initial inspection,
2. The werle writel:lp Collier County Residential
Rehabilitation Program Bid Specs feRH shall distinguish
between estimates of material and labor for correction of
code violations and any additional rehabilitation work
which the contractor identifies as a result of his/her
inspection of the dwelling unit.
c, The completed werle write Uj'I f-arm Collier County Residential
Rehabilitation Program Bid Specs will serve as the basis for bids
from flre ",aalified eeRtrasters ana contractors seleetecl by the
QwnElF which will address all documented housing code
deficiencies of the eligible dwelling unit and any other work that
may need to be completed to protect the health and safety of
residents and/or the integrity of the dwelling unit.
d. A copy of the signed, completed worle write1:lj'l ferm Collier
County Residential Rehabilitation Program Bid Specs will be
provided to the homeowner and the Collier C0lffity fiRancial
/\aministratiaR and How.siRg d.Q.epartment within ~ ten
working days of the completion of the inspection by contractor,
See. 114 74. C9Rtnet9rs pre tlHalified 1=1)' the e9HRty.
(a) &3!ieitsRBI'l &! eentr:5lct<3J'6 B)' 08W~ty fer par4ioipsnel'l i:1 the Callier (Anslt)' Reside:lti611
RehaBilitetiBI'l P~'Bg."ilm.
(1) The Callier CQlffit)' Pl:H'chasing DeflartmeRt, rn tandem ')Iith the Callier Cel:lflty
fiHaRcial .^.amiRistfatiQH aRa HcmsiRg aeflartmeFN will formally solieit
EjualificatieH5 aRa related iRformation fram variOl:ls eORtraetQrs aRG pre E]\:lalify
comrasters,
(2) Cmnmunicating prografFI preseaHfes and g1:lideliaes te eontractars.
a. Program preeeaHfeS ft){' iRSfleethm ef premises, submissiclI'l af bias f-ar
indivialial resiEleHces, natise ef eommeRsemeBt, and meH'loas ofpa)'meat
fer ser\'iees will be sHtlined aHa 19rElvidea ta 13eteHtial pa:rtieipatiHg
eantraetars at a maFleatary flre "'tlalif.isati0Fl meeting conductea by the
Collier COWlty finaFlsial .^.dm.iRistratioFl aRe HQusiHg Department and the
Collier COI:I.Flty plIfehasing DeflartmeRt,
(3) Every effect will be made to insh:lae minerity BusiResses iR the pregrafFl,
(~) The fORTIal solieitatisH will rnclmle a deseriptieR Qf the pregrB.fFl, its pl:H"j30se, ana
the natl:H"e aRa sespe of tae 'Nork that may be perfoRTIeEl if! t:ae eOl:lfse Elf the
program,
a, IHterestaa e0fltraetors 'will sm:.mit raspeRses to the f.ormal solieitatioR to
the pl:lfehasing E1BflanmeITt.
Page 10 of28
Underlined text added; strih tllFBlIgH text is deleted
Agenda Item No. 17D
October 10, 2006
Page 13 of 30
B. The respeRses will Be 8valllated BY a staff ssleetieR semmittee w-hieh will
sHbmit a reeeFBHleFHled list of pre EJ:aalilied semraetors te the board Bf
eel:lflty seH'lfl'lissioFleFS for atJPro\'al.
c, ReSl'lORSeS to tae solieitatioR shall iRelude, Bat Flet Be limited te, tbe
[ollewing doeameRtation:
1. County aRd/er eity oeeupatieRallieenses,
2. Current eertifieatss of insaranee to ineltide:
1. CltlTeBt lia8ility iBsuraHse tJertifitJate.
11, CltlTeIH '.V erkmsn's CeffiFleBsation tJertificate.
3, CeHtratJtor applieatieR.
1, RefereRtJes frem:
i. Twe majer suppliers from whom eeRstrutJtieB materials
have Been pIMtJflasea,
ii. Leeal finlIDtJial mstitHtieRs through y;hitJfl tJredit has BeeR
estaBlished,
lIl, Individuals (ineluding aderess, phone nw::Hbers, and dollar
value ef jaBs) for wRem werle flas be6R reeemly
eompleted,
d. .\ resolHtioFl will be preseFl-ted to the board of eeoo.ty tJ8mmlSSl8Flers
w-hieh will aHthonze the ehainnaR sf the Cellier CSlffity Hoard ef County
CommissioBers te eSmn:Ht the tJsl:ll'lty to a eOBR"atJtHaI relati(3I1sffip with
eaeh EJ:ualified firm f-or FRe j'lerformantJe of rehaBilitatioB serviees, This
eontraet will autRsnze qHalified tirms to submit bias fer and perf-orm
resiaeFltial reHabilitation ':.'erk aRd serviees for EJllalified l'lregam
partieiplIDts.
1. The rsselHtisR preseFlted to the board of emIDty tJommissieRers for
pre qHaliHsatieR ef eSFltFaeters '",ill pertain to all eORtFaetors
fa-.'orably evalHated or meetiFlg the enteRa atilized by the staff
seletJtieFl tJommittee.
@, Hids may be submitted to perf-orm rehabilitation war!: under this pregrafFI
by pre qualified tJOFltratJtors.
(b) RC{jo:,'ed.
(10) Cent."aetua! relRtisl1shi:p setl'.'eel1 Cellie." CeUi'lt)' ami ceNt:'Rsters.
(1) Eaeh pre qualified eontratJtor mast eHter ints a eORtratJt with Collier COblFlty to
psrferm resideBtial reHabilitati8n ser:iees aRd j'laflieipate in tRe flrogam.
a. The Cellier County Pl:lftJhasiRg DepartFAent~ if! tandem with the Cellier
COblFlty :'.tiorney's omee SHall establish the apl'lfOpriate form of cantraet
8etweeR the pre Ej1:lalified eC3fltraetem aRd the eel:lRty,
1, The tJeRtraet atilized 1fj30R appreval 13)' tHe Collier CoHRty
PIMeRasiRg DeflartmeRt aRe. the Cellier COlfnty Attorney's OffitJe
wll.ieR may be ameRe.ed admffiistratively from time te time, shall
be attaehed Rerete aRa 8Rtitled "CoFltraet C I, 2 .^.greemBat and
General SpeeifitJatieRs.
13, ERtering said em'ltraet is Rot a guarantee t8 e8Fltractor tAat viorle will be
a-..ya:rded to 6sRtraeter fer the residential rehaeilitatioFl program.
1. The €eRtraet j3roYides the tJOBtraeter the eppertl:lRity ta partieipate
i-n a tJeffij38titiv8 bia proeess to previde FBsideatial rel:1abilitatian
servitJBs far eaeh eligible pregram partitJi)3aBt.
2. ContratJts ta j3fGvide residsRtial rehasilitatioR serviees will be
awa:rdea iF! astJerdanee y:ith Collier Cetmty's PartJhasiF!g Peliey,
Qblalitative faeters iRellfding;, bat Rot limited to, fue proj3osed time
Page 11 of 28
Underlined text added; Blfike tbreYgB text is deleted
Agenda Item No. 170
October 10, 2006
Page 14 of 30
of eeHlflletioB for a prejeet ana MY iR kiBa eeRtribHtieRs effere6.
iR the Bia will als8 Be eensiderea iR the e'ialttatieR proeeliS,
e, "GeReFliI sf'leeifisatiens" Femia iR CORtraet C 1 shall serve as a guiae to
eORtmetom and theff stil3eoRtraeters fer pFeflar.Rg Bias, seleeting
materials, ana perforHJ..iHg ,,:ede unaer the residential rehaeilitati8R
pregram,
1. "Geaeral spesitieatiens" aaclress:
1. Materials and ').1 erl:maBship GeReral;
11. IRtel'f!rBtatiOfl;
iii, GeRer-a.1 eORaitioRs; and
1'/. Speeifieaiiens, whiek adtlresses rehabilitatieR werle ana
materials eligible for reimfll.H"SeFReat uader pre gram
guideliaes meluding:
a) :\lHmiaHfR awniRgs aIlEI eanepy;
e) :\pplianses eleetrieal ana gas;
e) IHasktep/parking areas;
d) CaeiRets;
e) PeRsing;
f) Conerete werk;
g) Deers ans 'l.'indews;
h) Eleetrieal;
i) Fleer aRd eOyeriRgs;
j) Gl:i~ers ane dewRspoats;
Ie) IRs12latioR;
I) LaRefill;
m) Painting;
n) PlumbiRg;
0) RoofiRg;
p) Soffit ana eaves;
q) Selar eaerg)' system;
r) TefHIites;
s) Tree removal;
t) ',r eats aRd era'.vl spase aseess;
Ii) E)(terior and iR-terior walls aHd seiliag frnisaes.
JY, ContraetQrs and firms may B@ plaeea ea t!:te list of eligiele,
pre qualified semraetors after t!:te initial set Qf eligible
eQfltraeteFs aas beeR BstaBlished OR]Y 1:1pOR FReeting all of
taB follQwiRg req1:liremBRts:
a) CORtraeter JmIst meet all ef t!:te req1:liremeBts
eontamee aRa established iR t!:te initial pregram bid
dO€HR'lents.
b) CentraetQr ml:lst Be approves aRs fefHIally aaaea to
tHe list of pre qualifiee sentraetors BY the Board of
COHRty CeHmlissioaers,
(2), (3) Reser.oed.
Page 12 of28
Underlined text added; ~lrike thrsHgB text is deleted
Agenda Item No. 17D
October 10, 2006
Page 15 of 30
(1) The fmEH'lsial adminisFratieR aRal:\(:msiRg d0partffieflt will HHlil Rotises to all pre
EjHalifies contraoters solioitiRg biss far elig:il:lle swelliRg units bases aR the
reslilts of IDspeeti0fls sOfHlw:Jted by the Collier C0I:lrlty Code Enf0reeRlent
DepaTtm.8flt er the City of Naples BliilEliRg Divisi0R EH'Id sesl2fFleRt0d OR eaeh
jurisdiotioR's "IRsj3ection P()fffi.
a, Pre qualified sonFraeters will have a mallimliffi 0f faHrteeE (11) ealendar
days rram the date that the request fer bias for all iRdi"iaaal ]3rojest is
mailea to sOffiFlJete aEd sl:lbmit the work ..wite up, in asseraooee with
sesti0R 1 H 73(d) b, ferm. ood a oem]3let@ pr0jest bid ta the Collier
COHnt:,' Purehasil'lg; Dej'lartFReRt.
1. /dlY bid shall detail the iRdividHal eost te sen-est saeh Code
vi01atioR oitea by the rn5j'leeting se]3artmeBt 0r diyisian ooa shall
~
i, LaB0r e0sts,
11, Material oests,
(5) :EvaluatioR 0fbid5,
a, In e'ialuating all bid flnee5, the selmt)' reserves the right to e0mpar@ all
bids sl:lBmitted f-or rtlhal:JiIitatioIl werk lffider this program to the fa Yawing
guideliIles:
1. Labor e0sts sheuld fll'/erahly OORlj'lar@ to fue FR0St resent editioR
of The BaildiRg :EstiFRater's Refer8flse Book, 'Nilliam H. 8]3raalin,
Jr., ed, (Chieaga, IL: frank R, ''valker Cempa~.y),
I. ,^.ny lal:l()r OCJE;t that is Rat eoyered in this refereFlee FRast be
eK]3laiRed by tae cal'll;raetef and be BrokeR dov.TI by llH-it
eost for the partieallH" serviee ]3erforFRed,
b, ,\. eopy of the bid dOCl:lffitlnt submitted by the oORtrastor who is awarded
the cal'll;raGt f0r an iRdividaal swelliRg llFlit shall be pT0videa to the
oounty clerk finaIloe S8flartmeRt to eRSUfe t.J:iat pa:''ffieflts made to
00ntraetam reflect cests iFleluaed in the Bid,
(€i) N otiee to ]3roeeed,
a, The awaraee will reeeiye a Flotiee to flfaeeed wheFl:
1, The hORleowRer has elleeuted and reGorded t.J:ie seeond Rlortgage,
2. The f10meewFler has @x@Guted the j'lroFRissory nate,
3, The h0meowner and eeRFraet()f haY@ signed "C0ntraet C 2,
Centr-;~et for R8ltabilitatien ef Owner OGeli)'lied Dv.'elliBg Urnt,"
4. The hemeowBer has signeEi "COI'lFraet C 3, PerfonnaIlee
,\greemeRt" "..ith C011ier Celffity,
b, The offieial notise to preeees will Be issl:lea 0n a SEl1:tBty plH'ehllse order
BY the ]3HrchasiRg department.
c, ,\ supplemeRtal proeeed order will Be issaed to the ceRtraetor tm-ough the
Collier Cmmty FinaRoial ,^.amiRistFBtion EH'Ie Hell5iRg Department on
"form. Q, Preeeed OrdeL" TRis pT0gram form ','.'ill preyide a start Bate
and a sornpleti0n date for the partimilar ]3rejeet and mu~t Be signea hy the
homeo'.vFler, the GeRtraotor, anEi the Direeter 0f the Collier COUIlty
finaFleial ,^.dministratioR and HmlsiBg De)'lartFReFlt.
d, "form Q, Proceed Oreer" SHall be maiIltainea as part ef the ]3tlImEll'lent
program fil@ fer eash hemeElvmer making BflplieatioFl tEl the Collier
Cellnty Residential ReaabilitatieR Progr-am
(7) Netioe of 60mrneRoemen-t,
a, Notiee of eommeReement mU5t be fileS. by oeffiraotor pUf51:1ant to the
reEjHin!meFlts of f,S. Ch, 713, fer eaoh (b.'ellmg \:IRit reeeiving
Page 13 of28
Underlined text added; filrih thrslIgil. text is deleted
Agenda Item No, 170
October 10, 2006
Page 16 of 30
rehalaiIitatioR serviees ooaer Callier C@UHty ResiaeHfial RehabiIitEltioR
Program.
19, Collier CaURty 80ara af COblflty CommissiaRem shall be RameS aB the
N atiee af CammeEleemilflt as "LeRaer. "
e. Callier County FinaReial .^.GFFHElistratia1< aRa Hal:lsmg aeflartme1<t shall
be na-mea a1< the Elotiee of eomme1<Eiemi!l'lt as "PerSeRS '.vithiEl the State of
Floriaa aesigRa-tea by (lWRef l:IfleR WHom Eletiees or other aOEil:lmeRts may
be serves" as prevides by f,S, ~ 713.13(1)(a)7.
d. Cellier County Clerk FiRaFlse DepartIFleflt shall be RlHBeE! eEl the Netiee
(lfC(lmmeElsemeflt bIflaer "g, 1Ft aadition to himself, OWfler E!esigRates , .
, to reoeive a eopy ofLiefler's netiee" as prO':iaea in F,S, S 713.13(1)(13).
(8) Hsmee,\'l'ier/Cfmt,"&eter rekItiel'lshi[J,
(1) cme standenl j3reg;afR seFltraet shall be use a al'la sigBeE! 'By tae
homeewfleF(s)/flregrem Eli3plieB:Bt(s), aRa the e8atFastor seleeted tEl perform. the
~
a. Prog;am Centraet C 2 eatitlea "Cefltreet C 2, Cootraet fer RehabilitatioR
of Ow Bar Oeeupied Dwelliflg UFlit"
1. Tae "CoBtraet fer Rehal3ilitatieR of OWfler Ossl:ifliea Dwelling
Unit" shall iflsIuae, bat net ee limitea t8, the felleviiElg elemeHts:
i. Seefle efwElrk;
u, CElatraet sum, vihish iaelwles the total eo!Ttreet prise;
iii, COHIDleaeemeRt of werk/Rotiee to proeeea;
IV. Time ana lilifl:liE!atea E!amages;
'i. Delays !H'la eKteRsiefls of time;
Vi. Coaa-eet das\:Iffieats, ineludiag 19Mt net limites to the
eeRtreet for reHaeilitatieR of eWfHlr eee\i)3iea clwelling
unit, the vierk '.'"rite \if!, aRe ~' Eli3pre'ieE! eaal'lge eraers
direetiag meaifieatiens;
'Iii, CeR1fllaints !H'la eisp\ites;
"Ill. PabliEi liability/bwIeer's risk !H'la werkrneR's eompeasa-tioR
iFlS\iflHlee;
ill. Owaer's liability/less of mSm-aFlee;
);, E,!:uaI eflpertuaity;
xi. Use of existing l:Itilities by eORtraetors aRd/or pro':lsien of
temperary saryiees ef site;
)lii, CORtre8tor sU)3ervisioR of effij'lloyees;
xiii. MaiRteBanee of premises;
XIV. OeeUflaaey afthe premises;
It\', Insfleetien of 'Nerk;
XYI. Change arSers ane masifieations;
l;yii, GUafantee of ?,'€Irk;
)lyiii, Lead basea pa,iflt eertifieatioB;
lUll. Coafliet of interest;
JUl., COH1flIianee with Ioeal sodes ana €IrdiBBnees;
lOti, ;\ssignrnent ana transfer;
xlui, T ill'FlHfIatiOB;
l;xiii. Severability;
Page 14 of28
Underlined text added; Bliilee b'eHgB text is deleted
Agenda Item No. 17D
October 10, 2006
Page 17 of 30
JDU\', CeRfliEltrng flro';isieIl:;
xxv, 'Haiver;
JD[Yi. MoaificlJ:tion;
JD[vii. III@gal or 1:lRsenstitutieRal flfGvisians;
XXVlll, Hela BarR'HeSS ana ina@mnity;
xxi)" .^.nti disElriminatien stat@ffi8l'lt.
2, .\ copy of "COI'ltraet C 2, CentraElt fer RBRaeilitatiElR Elf OWRer
06ElHpiea Dwelling URit" sHall be mam.tamee as flart sf tRe
permal1eRt program file fer ea6h BomeewRer making apj3liElatiElR
to tRe Collier County R@sidential ReHabilitatieR Program,
3, "GeBeral spe6ifi6atioRs far ReHabilitation EiRe Hem@ R@pair"
whieR are inEllueee as part ef ilie COBwast eoeument @ntitl@a
"Contraet C 1, .\greBffieat for Serviees" setweea 6offiFal;1tor(s) EiRe
Collier COHRty sHall guide and previde direetioR te any and all
ElORfraotors aRa sHbEloFltraotors for materials pHrElhas@Q and
ilWtalled Iffiaer this pregram.
(a) CEJ/'ltrcwter/su8csntracter relationship,
(1) CeFltraoter shall provide the Collier COlffity fm.EiR6ial .^.amimstratien aRa
Housing department with a proje6t bid .....bion shall inohH~e:
a, .^. list of all S$6aHtra6tors performing work Iffid@r 6eFltraElt, ar otRer:;ise,
for eaElh dwelling ur.it that 60ntraEltor proviaes ren&bilitation servises.
b, /. sre&kaOWR af prejeeted labor ana material sosts for eaElh sa-bEloFltraetor
performing rehabilitation work OR a partiElHlar dw@lIing UIJit.
(2) ContraEltor is resj3aRsible far maintaining appfGpriat@ \Verk qHality l3y aflj' and all
sllbeOflfraEltom \:Ised ta Elaffiplete a reRabilitation ]3rojeElt.
(3) CeRtmstor saall reEluire eElEln of its sl:lbeantraetors to pf06l:H'e and maiRtain, umil
tae Elal1lj3letioR af tae sooElonfraEltor's work, insl:H'anl;1e of the types aRe to tae
limits spel;1ified fer Elantraetar in "Centra6t C 1, .^.greement" aRa "Contraet C 2,
Contract for Rehabilitation of OWRer OElsllpiea DwelliFlg URit," HRless sueR
insl:H'aRse reqHirements for the sHbcontn:lEltar are expressly waivea in writing by
Callier Calffity, .^.I1 liability inSHranEle palioies, other than professional liability,
worker's sompensation and employer's liability f)eliElies, obtained by sontraEltor to
meet the reEll:lirements of the "Contrast C I, .\greement" amI "CORfrast C 2,
Contraot for Reha1.:lilitation of Owner O€oHpied Dwelling Unit" shall name the
owner and Collier C800ty as additienal iFlSl:H'ea and shall eontaiFl se';eFability of
illterest pTOvisiens, If any insl:H'anEle required e:,pires ]3rior to the oompletion ef
the work, renewal (;@rtifiElates of iRSl:H'anO@ and, if reElueiited by owner, o@rtified
true eOflies ofthe renewal )3oli€ies shall be furnished by contrastor witltin 30 days
]3rior to the date of eJ(pirati8R,
(1) Cm'ltra€tar shall obtaiR a sigHed original of "Form M, Waiver of Lien to Dltte"
from all SHbsontraotors performing work on a dwelling UIJit prior ta submittiFlg a
"Farm V, Request for Inspection, "
a, .^JI sHbsonfraetor waivers of lien are Teql:lirea te be sttbmitted wieth aRj'
(;OFltraetor's request for payment.
b, Contral;1tor must sa-bmit all wai\'ers of lieH with a reqliest for p&yment to
the Collier COHnty Finaneial i\.eministratioR aHd Housing aepartment,
(e) Pc:jGrmcmcc ef:'chahi.'itatieJ) liB:-/; by centrscte:' 9,'Jd s1l8oeJ)tr8cters,
(1) Materials ta 1.:le pw(;hased and installed shall conf-orm to the l1l:Hlimum material
st&ndaras fouRa in "General Spe6ifieations For Rehabilitation aRe Home Repair"
as ID60f)30rated in "Contraot C 1, .^.greemeRt for Servil;1es".
a, Materials that are 8'luivaleat(s) m quality aRd life sy(;le may b@
substituted,
Page 15 of28
Underlined text added; 61'fi!c@ tBr8ligll text is deleted
Agenda Item No, 17D
October 10, 2006
Page 18 of 30
b, .^.1l)' S\:l8stitutieRS ef materials that Deem after a eel'ltraet has beeR
eaFl:lj'lleted aliS apl"roves shall relilHre a ehaRge erser, 81(e8pt where a
partieulai" item is Be leRger available,
1. :\fly eRaRge arder(s) far S1:lhstitated materials miist be appre'..es
ana sigHeS \3y fue heI'B0DWfler aliS tAe prog;ram aSl'BiRistrater or
Ris/her sesigRee priar te installatien fer the l'Baterial to remaiR aR
eligiBle eilpeflaiture,
e. Material sfleeifieatieFlS may be ehaEgeS admiRisa-atively, frel'B til'Be ta
time, te refieet ehaRges iFl mai"kets aRa teelm01e gieal iHlflfOV8meflts iR
material eemflesitiaFl.
(2) .All 'Norle flerfermed by any eentraeter(s) aRS its sooeoRtraeter(s) shall be m
aeeorGaRee wit-h:
a. The inspeetieR reflDrt eompleteS and s\:l\3mitted by fue Cellier Ceunty
Code ERf{)reelfleat DSj9artl'Beftt ef the City eLNaples Building DivisieR.
b. Bid GOEH:llfIeats soomitted by the eOFltraetor OR "Ferm K, Progi'am Wark
V.'rite Ufl" and aR)' s1:lfJj3leFReRtal pIaRS soomitted iB eaBjUl1etien with this
ferm,.
e, The seope 0f '.yerl, established and agi'~ed to by the J3arties iR "Cefltraet
C 2, CeRa-aet fer Rehabilita.tieR of OWfler OeeHflied D'NelliRg URit. "
S. The flrog;ram Seel:lmeat efttitled "GeReral SflesifieatieRs for Heme
Repairs ana RehaeilitatieR, "
(3) .\11 werle peffermed by any eoatraetof(s) aRd their s\:lbeoatraetof(s) Fl'Htst eORform
ta the reqairements af:
a, Cl'Jllier Cc.l1:Inty HDOOin,g Caae, Oramanee No, g9 Oa, as alfleRdea;
13, The City eHlaples HOl.iSing Cede, OrdiFlanee No. 92 ea21, as ameFlded;
e, .\11 eORstrnetieFl iFlaustr/ eedes referred te iR the abo'..e refereneed eal:l:llty
ana eity eedes, as amended;
d. "GeRefal Speeifieatio1'l6 for Rehabilitatien ana HOl'Be Repair;"
e. .^JI materials aRS v/orkmaRship shall eenferm te the reqiiiremems ef the
Stafldard BblildiRg CaSe, 1991 eaiticm, as ameRGea,
See. 114 7S Sec. 114-74. C9Rtraet9rs seleeted 13)' 9WRer Contractor selection.
(a) Solicitation of contractors by owner.
(1) The owner may ohtaiR must solicit bids from at least 3 contractors and/or
subcontractors. '""he are Rot ]3re ~Halifil!ld BY the e01:lFlty as leFlg as tfll!l eWRer
selieits preposals aseardiRg te the write1:lfJs aRe iRS]3eetioRs performed 13)' the
eouFlty Elr the City of Na]3les flW"suant te seetien 114 73(a), The aggr~gate eost
may Flet l!Ixeel!ld $15,000,00. Tne bid snail aetail tJ.e indiyidual east te eerreet
easR eeae vielatioR eitee by tAe iRspeetil1g depaFtlfleFlt ef aivisieR and shall
address labor eosts and materials eosts, Labor eosts should fllvera\3]y eOlflpare to
tAe mest reeeRt edition of TAe BuildiRg Estimator's Ref{!rene6 Book, 'Nilliam H.
SpradliRg, ir, ea., (Chieago, IL; Frank R, '.Valleer COl'Flflany),
(2) The owner may select a contractor after the county receives the following
documents:
a. Copy of the bid~
b. County and/or city occupational licenses;
c. Current certificates of insurance with coverage for:
1. Current liability insurance;
2, Current workmen's compensation;
3, Current business auto liability.
Page 16 of28
Underlined teJl;t added; olrike t!lFeagll text is deleted
Agenda Item No. 17D
October 10, 2006
Page 19 of 30
(3) The contractor is an independent contractor and shall not be deemed an agent,
employee or partner ofthe county,
(b) Administration of residential rehabilitation,
(1) A copy of the bid document submitted by the contractor who is awarded the
contract for an individual dwelling unit shall be provided to the county clerk
finance department to ensure that payments made to contractors reflect costs
included in the bid.
(2) Notice to proceed.
a, The awardee will receive a notice to proceed when:
1, The homeowner has executed and recorded the second mortgage,
2. The homeowner has executed the promissory note,
3. The homeowner has signed "Contract C-3, Performance
Agreement" with Collier County,
b. The official notice to proceed will be issued in a formal letter from the
Fman<lial ,^.cbninil>tration ana Housing aQepartment.
c, A supplemental proceed order will be issued to the contractor through the
Collier County Fman<lial i\dministratiofl and HElasing aQepartment on
"FElrm Q, PrEJ<leed Order." the Contractor's Awards Letter, This progfam
form will flrovide a start Elate and a EH3FRj3leticll'l. date f-flr the partielilar
proje<lt and must Be signed B)' tRe Remeov/fler, the <lEJatra<ltor, and the
dire<lter of the Collier COliRt)' FinaR<lial ,'\d111:ii'listratiofl. and Hel:lsmg
Department.
d. "Form Q, Pro<leed Order" The Contractor's Award letter shall be
maintained as part of the permanent program file for each homeowner
making application to the Collier County Residential Rehabilitation
Program
(3) Notice of commencement.
a. Notice of commencement must be filed by contractor pursuant to the
requirements of Chapter 713, Florida Statutes, for each dwelling unit
receiving rehabilitation services under the Collier County Residential
Rehabilitation Program.
b, Collier County Board of County Commissioners shall be named on the
notice of commencement as "lender."
c. The Collier COURt)' FiFlan<lial ;\dministratien and Housing dQepartmen!,
shall be named on the notice of commencement as "Persons within the
State of Florida designated by owner upon whom notices or other
documents may be served" as provided by F,S, S 713.13(1)(a)7,
d, Collier County Clerk Finance Department shall be named on the notice of
commencement under "8, In addition to himself, Owner designates, , , to
receive a copy of Lienor's notice" as provided in Section 713,131(1)(b),
Florida Statutes,
(c) Monitoringfor rehabilitation/emergency home repair,
(1) Information regarding the nature of the work to be performed will be obtained
through the use of preliminary building inspections required by the aQepartment
of finaFl<lial administration <HId Rousing. A . copy of said inspection will be
maintained in the owner's permanent file. Health and safety housing code
violations will be given priority by the contractors over any cosmetic
rehabilitation,
(2) The owner will be responsible for the selection of the licensed contractor who
will perform the repair work. The selected contractor must supply a detailed
work write up bid specification to the owner containing an itemized listing of
material and labor costs. This work write tIfl bid specification is to be approved
by the owner and a representative of the aQepartment of finan<lial administration
Page 170[28
Underlined text added; strike ~eHg;il text is deleted
Agenda Item No. 170
October 10, 2006
Page 20 of 30
and l'lm,wiag prior to the commencement of rehabilitation. A copy of the
approved ,::ork virite \if! bid specification will be maintained in the owner's
permanent file, The monitoring of the work will be the responsibility of the
owner. Contractual agreements will be executed between the owner and the
contractor. The a.Qepartment of fiFlaBeial administration aRa aelisiFlg will
maintain a copy of the signed contract to be kept in the owner's permanent file,
(3) All work performed by contractor(s) and its subcontractor(s) shall be in
accordance with:
a, The inspection report completed and submitted by the Collier County
Cede EnfurseFHeet Department or the City of NBflles EblildiBg Division,
Rehab Specialist.
b. Bid documents submitted by the contractor on "Porm K. Pregram. '.Verle
Write \if!" the Bid Specification and any supplemental plans submitted in
conjunction with this form.
(4) All work performed by any contractor(s) and their subcontractor(s) must conform
to the requirements of:
a, Florida Building Codes and +h6 Collier County Housing Code,
Ordinance No. 89-06, as amended; and
b, The City ofNaf)les Heusm.g Cede, OreinaRse No, 92 aa21, as alIuJnded;
&.!h All construction industry codes referred to in the above referenced county
and city codes, as amendedt.:.
a. :\.11 mllterials aRe werkmaFlship shall eeRform to the ref:tliireHltlFlts of fue
~taRean:1 Ewleing Code, 1991 eGition, as BmtlFleeG.
(d) Required documentation for rehabilitation/emergency home repair,
The following documents are required of all eligible households for repair loans:
(1) Rehabilitation/emergency home repair ~'''8rh '.'.'/ite up bid svecification, All work
that is to be performed must be listed on this form detailing labor and material
costs. This form must be delivered to a representative of the a.Qepartment ef
fiRGneial admiRistration aRe hmisiag prior to the commencement of any repair
work, A signed copy will be provided to the owner and to the eOblnty j'lblreaasing
iH*l finance departments, Loans granted under this program, but are limited to a
maximum of $15,000,00 per household
(2) Final inspection. A copy of the signed [mal inspection will be maintained in the
owner's permanent file. A copy of the final inspection will be provided to the
owner aaa to the department of finance.
(3) PromissolY note. This note will be used specifically for the loans granted under
the rehabilitation/emergency home repair program. A copy of the note will be
maintained in the owner's permanent file, and will also be sent to the department
of finance. The original, executed note will be kept on file in the aQepartment ef
finaneial aamiFlistratioR ana hOHsing.
(4) Second mortgage, The second mortgage will be used to secure the promissory
Note and will be recorded by the Clerk of the Circuit Court for Collier County.
The original, recorded second mortgage will be kept on file in the aQepartment
of finansial aarninistration aaa nOblsiRg, Copies will also be made available to
the owner and the department of [mance, All fee's associated with the recording
of this document will be paid by the _ Department.
(5) Waiver of lien. Upon completion of the repair work, the contractor will be
required to execute a waiver of lien, No payments shall be disbursed until the
a.Qepartment of fiHaReial aamiaistratiGR and housing receives the waiver of lien,
a satisfactory inspection report and the itemized contractor's invoice.
See. 114 7(" Sec. 114-75. Contractual relationship between Collier County and program
participant(s).
Page 18 of28
Underlined text added; s1irilc8 1hfeaga text is deleted
Agenda Item No. 170
October 10, 2006
Page 21 of 30
(a) Program participant(s) must meet income and program eligibility guidelines as set forth
in section( s) 114- 72(b) and (c), above.
(b) Applicant(s)/homeowner(s) is/are responsible for reporting any change of income to
Cellier Celmty fina:neial admi-nistratieR aRe HousiRg Dej3a.r'".m8flt the 4.Qepartment
within ten working days of any change so that closing of a residential rehabilitation loan
is not unduly delayed.
(1) Changes in individual, household, and/or family income shall require that "~
g, Applicant Income Certification" be completed and recertified by
homeowner(s).
a. Third party verification shall be completed prior to closing a residential
rehabilitation loan and executing "form 0, the Second Mortgag~ and
"ferm P, the Promissory Note,!!.
(e) Program J'larticiJ3aRt(s) (Le" hElmeowner, aRB eo Elwner where aJ'lJ3licable) ffil:lst eJ(eeute
"form '1'1', l.ffieavit Elf NEl Ineome ChaRge" J3rior tEl elesiRg the Resideatial
RehaeilitatioR LeaR aRe eKeel:ltiRg "form 0, SeoElRd Mertgag@" aRd "form P,
Promisser/ }- Jete."
tet ill Program participants must execute a second mortgage as a security interest to finance the
costs of rehabilitation work performed on the program participant's dwelling unit.
(1) The secondary mortgage must be executed on "Ferm 0, the Second Mortgag~ or
on a substantially similar document that has been approved by the Collier County
Office of the County Attorney,
(2) Lenders may include, but not be limited to, Collier County Board of County
Commissioners or any registered financial institution operating under the Laws
of Florida in Collier County, Florida.
(3) The second mortgage shall set forth the obligations of the borrower(s), lender(s),
mortgagor(s), and mortgagee(s) and shall include, but not be limited to, the
following uniform covenants:
a, Payment of principal and interest; prepayment and late charges;
b. Funds for taxes and insurance;
c, Application of payments;
d. Charges; liens;
e. Hazard or property insurance;
f Occupancy, preservation, maintenance and protection of the property;
borrower's loan application, leaseholds;
g, Protection of lender's rights in the program;
h, Mortgage insurance;
1. Inspection;
J. Condemnation;
k. Borrower not released, forbearance by lender not a waiver;
1. Successor's and assigns bound; joint and several liability co-signers;
m Loan charges;
n. Notices;
o. Governing law; severability;
p, Borrower's copy;
q, Transfer of the property or a beneficial interest in borrower;
r. Borrower's right to reinstate;
s, Sale of note; change of loan service;
t. Hazardous substances;
Page 19 of28
Underlined text added: s1ril:@ tbrellgh text is deleted
Agenda Item No. 170
October 10, 2006
Page 22 of 30
u. Acceleration; remedies;
v, Release;
w, Attorney's fees;
x, Rider's to the security instrument.
(4) Mortgage dollar amount(s) shall be limited by and shall not exceed:
a. Program guidelines as established by program grantors;
b, Bids for rehabilitation services as submitted by participating contractors.
(5) Mortgage funds shall be disbursed pursuant to the terms of "Form P, the
Promissory Note!!- and/or "Contract C-3, Performance Agreement."
(6) The second mortgage shall be recorded with the office of the collier county clerk
of courts upon closing of the rehabilitation loan with the leBdffig 8fltity
Department and the homeowner.
(7) Upon closing, the Collier COlHlty E.Raneial aamiRistratieFl ana Helising
Department will cover the costs of recordation of the mortgage instrument with
the Collier County Clerk of Courts and documentary stamp tax.
(8) No payment or disbursement of loan funds will be made or processed for the
program participant/homeowner or the contractor until the Collier Cel.l:Flty
frnancial admffiistFatioR_ana HOliSing Department receives a certified copy of the
recorded second mortgage document.
(9) A copy of "Form 0, the Second Mortgage.!.!. shall be maintained as part of the
permanent program file for each homeowner making application to the Collier
County Residential Rehabilitation Program
W @ Program participants must execute a promissory note as a security instrument and
promise to repay the second mortgage at the time that title to the property transfers to an
individual or individuals other than borrower(s), or in accordance with the terms of the
Form 0, Second Mortgage,
(1) The promissory note must be executed on the "Form P, Promissory Note!.!. or on a
substantially similar document that has been approved by the Collier County
Office of the County Attorney.
(2) The promissory note sets forth the obligations of the borrower, the lender, and the
noteholder and shall include, but not be limited to, the following elements:
a, Borrower's promise to pay;
b. Interest;
c, Payments;
d. Borrower's right to repay;
e, Loan charges;
f Subordination;
g. Borrower's failure to pay as requested;
h, Obligations of persons under this note;
i, Waivers;
J. Uniform secured note.
(3) Homeowner must provide the Collier COl:ll1ty finaneial administratioFl and
HOliSing Department with a copy of the document within three working days of
signing by all involved parties.
(4) No payment or advance of1oan funds will be made or processed for the program
participantlhomeowner or the contractor until Collier Cmmty fiRaReial
aEln:Hnistratien aaa Hel:lsiRg the Department receives a copy of the "Ferm P,
Promissory Note!!- from the homeowner.
Page 20 of28
Underlined te.xt added; sri,s tbr8Hgk text is deleted
Agenda Item No, 170
October 10, 2006
Page 23 of 30
(5) A copy of "Form P, the Promissory Note!! shall be maintained as part of the
permanent program file for each homeowner making application to the Collier
County Residential Rehabilitation Program
Edt ill Program participants must execute the program document entitled, "Contract C-3,
Residential Rehabilitation Program Performance Agreement."
(1) The performance agreement sets forth the obligations of the program participant
with regard to the facts and ptrrposes of the program which includes, but is not
limited to:
a, That program participant understands the conditions ofthe loan, including
program guidelines, rules, and restrictions;
b. That benefits are not transferable;
c, That eligible dwelling units be occupied by the program participant prior
to and after completion of rehabilitation work to the dwelling unit;
d. That several funding sources may be used to provide services under this
program, and which programs may have different requirements regarding
location of eligible dwelling units and use of funds;
e. That the eligible dwelling unit must comply with the requirements of the
Florida Building Code~ Cellier CO\ffity HousiFlg Code, Ordffianee }lea. 29
06, as amefl8e8; ear if leaeated wit.J:Hn the City of J>lapl@s, the wnit mHst
oOIDj3ly with applicable s@ctions of tHe City of J>laflles Housing Cede,
OrdinaflSe 92 se21, as amemled;
f. That no owner, co-owner or relative of an owner or co-owner shall serve
as a contractor or sub-contractor for the rehabilitation of the subject
property, nor shall an owner, co-owner, or relative receive any
compensation for their labor with any program funds:
I, A relative of a homeowner or co-owner shall be defined in this
instance as an immediate family member to include mother,
father, brother, sister, aunt, uncle, and cousin or a family member
by marriage, to include mother-in-law, father-in-law, brother-in-
law, and sister-in-law.
g;, That any eORtractor ]3erforming werk l:lREler this flrogram. shall be pre
'1Halifiea by the county as fl@r seotioR 111 74 CORa-astors, above.
fl.&, That all work performed by a contractor will be in accordance with the
inspection report prepared by the Collier County Code EFlf-ersemeRt
DefJartmE!Rt, ear by the City eafNa]3les BllildiRg Division, Rehab Specialist
and that no changes to bid work will be paid for with loan funds where
there has not been express written prior approval by the pregram
a8.ministrater Department Director or his/her desilmee on the form
entitled "Form R, Residential Rehabilitation Program Change Order."
i,.!1. That access to the property and dwelling unit will be provided to county,
city, or other appropriate personnel conducting inspections to determine
interim progress and/or completion of work for any or all rehabilitation
work performed with funds from this program,
r1. That contractor is responsible for acquiring any and all permits and
approvals to perform work under this program and must provide evidence
of permits where requested, by program personnel, including but not
limited to inspectors,
lei That owner/program participant shall execute the second mortgage,
promissory note, or other instrument deemed appropriate for use in this
program by the Office of the Collier County Attorney and pay for
recording costs,
hk. That payment for any work performed prior to execution of the second
mortgage, promissory note, or other approved instrument, including but
not limited to, an official notice to proceed, shall be the sole responsibility
of the homeowner/program participant.
Page 21 of28
Underlined text added; sHib ~r8QgII text is deleted
Agenda Item No. 17D
October 10, 2006
Page 24 of 30
fH:-1. Liability for payment for any work performed by the contractor which
does not conform to the work write-up where express written approval
has not been given by Callier Caooty fIBflRsial aamiBiBtrati0B aRa
HSl:IsiRg the Department and the owner shall be the sole responsibility of
contractor.
B-:-!11. That program funds for rehabilitation shall be loaned to owner at zero
percent interest and payment of the principal amount shall be forgiven at
a rate of 33.3 percent every five years until the balance is zero, or
deferred until such time that title to the property transfers to an entity
other than the owner or they refinance their first mortgage.
&.!1. That owner shall occupy the rehabilitated residential unit as the
owner/program participant's primary residence until a satisfaction of
mortgage is recorded in the Public Records of Collier County, or shall be
in default of this performance agreement, the required second mortgage,
and the promissory note.
~ That the maximum amount of the loan shall be the actual amount paid to
the contractor, or $15,000,00, whichever is less, If the source of funding
permits, the maximum amount of the loan may be extended to $15,000,00
Fleeaed te eorreet ROHsiFlg eode ':ialatioFlS of tHe Cellier COl:lnty HaHsing
Csse, On:liRaflee No, g9 Q€;, as amenGed, or t;Re City ef }Iaflles HSHsiFlg
Cede, On:linanse No. 92 M21, as fue)' may be ameRdes. H-om time to
#me.
~l2:. That if the residence or property is historically significant:
1. Improvements must be consistent with those approved by the
Florida Department of State in accordance with the most current
revision of "Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitation of Historic Buildings," and
2. Improvements must comply with the Collier County
Historic/Archaeological Preservation Ordinance, Ordinance No.
91-70,
F.9.:. That the performance agreement shall be enforced by Collier County
through injunctive or any other legal remedy,
(2) The CHlHfffiafl of the Cellier County Board of COl:lB:ty COmmlssian6fs shall be
&&tRerized by reselutien to sigH the 13erforn:JaRse agreement an behalf af t:B.e
~
~ ill A copy of "Contract C-3, Residential Rehabilitation Program Performance
Agreement" shall be maintained as part of the permanent program file for each
homeowner making application to the Collier County Residential Rehabilitation
Program
See. 111 77. Sec. 114-76. Inspection(s) of rehabilitation work.
(a) Interim inspections je... Cerie rlefieiel'lcies,
(1) Contractors are responsible for arranging interim inspections with appropriate
county or city departments,
(2) IFlterim inspeetiaRs will 'Be eOFls.l:letea by Callier COlmty Coae BRferselHeat
Department, ar the City af Naples Bl:Iilaing Diyision I in arder ta aetern:Hne
eompliaFlse Elf rehabilitation work witH tHe ar Coaflty H0wsing OrdiFlanee,
OrdinaFlse 1>10, g9 O€;, as amenGeG, or t;Re City H0l:1sing Code, Onliflaflee Jl.la. 92
Mi21, as amenGeG,
a. All work performed under the Collier County Residential Rehabilitation
Program must conform to all state, county, and/or city code requirements
to be reimbursed under this program.
~ ill Copies of inspection forms shall be signed by each individual performing an
inspection and a copy of the completed, signed inspection form will be provided
Page 22 of28
Underlined text added; .kil,e lfiIiellgR text is deleted
Agenda Item No, 170
October 10, 2006
Page 25 of 30
to the Cellier COMty fm!!Beial aElHliRiskatiofl ana ae1:lsing a.Q.epartment within
three working days of completing each inspection.
a, Each inspection form shall be maintained as a permanent part of each
program participant's file,
(1) laterim mspeetieRs of premises R'la)' Be R'laae by tRe Callier CaW'lt)' fiRaReial
admiRistratieR ana hotisiRg DepartmelTt, tRe Cellier Cotinty Coai! ERf-ere8HIeRt
Department, tHe City af Naj3les BliilaiRg Di\'isisfl, or BY iRSJ'leetieR j3ersonnel
ErOR'l a Collier CaMf)' fiRaneial UlGtitJ,ltiaR, WReR s1:lea iRStittitioFl Beeomes aR
aeti\'i! partieipaRt in tRi! Collier CO\Hlty Resid@ntial R8haBilitatiOl:[ Pregram.
(5) :\11 r8haBilitatioR work performea und@r the Collier CO\Hlty R@sidE!fltial
ReRabilitatiaR Program mtist eOFlfefffi to tR@ requifemeFlts of "GeReral
Sj3@eifieatiOl'lS" as iFleotporat@d iR "CsRtraet C 1, :\greemE!flt" as well as geReral
industry work liluality standards far swen wede, in order to pass inspi!etieR(s) ElRa
be reimbursed tinder tRis progr~m.
(€i) The Collier CeMty Coae Enf-areemeBt DepartmeRt !!Baiar tlte City of Napli!s
BaildiHg DivisioR sRall be 'iestea .....ifu thi! a,utaority to malee a fmal determination
of eORfermEIRee ta CeGe reqliiremeRts for all eoae related reaaeilitatiofl werk
j3erformea UHGi!r trus j3rogram.
(b) !I'/tcr-im il'lspcetfens J~Jr rehab:'!itati&l7 l\'(~r!c ether tha:l cede d;jiciensfeo,
(1) Int@rim inspi!eticm.s f{Jf otRer ri!Rabilitation wod: will be flerform@a b)' Collii!r
C01:lRt)' COai! Enfereemoot Department, ar the City ofNaj31es BailEling Di'.'isiaFl
to aetermine if R'laterials ana werkmansRifl eeFFlflly ,:..itR tRe reqliirements of this
program as d@serib@a ID "Geni!ral SpeeifieatioFls far Rehabilitation ElRd Home
Repair", if applieahle, as well as the re"l1:liremE!flts of thi! eeliflty aRd eity f-or slieh
wefk.:.
(2) COj3ies of signed, eOR'lpletee iRSj3eetioR forms for aFl)' inspeetien(s) shall be
flroyid@a to the Collier Coarn)' fmaFleial admiFlistraticlR aRd Housmg Di!partment
V..ithiR th:-ee warkiRg days of eOFFlflleti(3B. ef the inspeetieR,
(3) EaeR inspeetion farm sRall be maiFltaiRed as a J3ermaFli!nt flart sf eaeh j3fogram
J3artieiflant's file.
(1) IRterim inSpBetioRs of premises ma)' be made 13)' thi! Cellii!r Ceumy fiBaReial
administratioR operatioRal saj3j3ort aFld H01:lsIDg Department, tRe Collier County
Code ERf-oreemeFlt Departmi!Flt, tRe Cit)' of Naflles BliildiRg Di','isioR, or ey
inspeetiaR j3ersoR.Rel from a Callier CCllinty Mancial iRstitation, WRi!R saeR
institlition seeomes EIR ash.,'e partieipant in tae Collier CaHRty R@sidi!ntial
Rehabilitation Pregram.,
a, SHeh inspeetians m.a)' address, sut Me FlOt limited to:
1. IRsj'li!etions prior to mediation betwi!@R tRe ham@o'.vner aFld
80Rtraetor, ',>,'ReR Reeaee;
2, Inspi!etions to determine l:mteRt of wark pregress J'lrior to approval
far aR interim, progress, er fiFlal j3a)'ment te eoBtraetor.
(5) ..\11 rehabilitation work pi!rfom1@d W'lder the Collier CaliRt)' Residential
RehaeilitatioFl Program. must cOflfurm to tRe re"ll:lireR'leFlt5 of "Geaeral
Sj3eeifieatioRs fDr Rehaeilitation and Home Repair," if applieaBle, as ',>,'ell as
geReral indlistry wark Eiuality standards f-or slieR y,wk, iR order to pass
insp@etiaR(s) aFld b@ reim.bursi!d UHc.ler this program,
(6) The j3rogram. aamiRistra-tor shall B@ \'estee wita tae aHthority to mah a final
detemHnation of work 801'npleteRess ane work lillialit)' in the eyeRt that there is
disagreement affioBg any oft!:le j3arti@s,
W {Ql Final inspections fer cede :icjisicnsf3s,
(1) Contractors are responsible for arranging final inspections with appropriate
county or city inspection departments,
(2) fIDal insj3eetions will be CORG1:IeteG by Collier CmlFlty Cede ERfereemeBt
Departm@nt, er the City of Naples BHilding Diyision in order te determiRe
Page 23 of 28
Underlined text added; strike lhmHge text is deleted
Agenda Item No. 170
October 10, 2006
Page 26 of 30
eaffij'llianee af rehal3ilitatieB warle with the Celinty HablsiBg Ordin!!:Bee,
OrdiBanee }la. g9 Oe, as amBBdee, ar the City HO\ising Cede, OrdiRaRee No, 92
ee21, as amell~aed,
a, .\11 ....'erk perfeFfRea 1:lader the Calli6F CsliHt)' Residemial Rehal3ilitatioB
PrsgraFR FB1:lst sSRferm te all state, salffity, !!:BEVer sity eGdEl re(;!1:liremElnts
te be reimlnwsea \mder tRis rrogram.
fJt ill Copies of inspection forms shall be signed by each individual performing an
inspection and a copy of the completed, signed inspection fonn will be provided
to the homeowner and to the Callier fin!!:Beial aeFRinistration ana HOlismg
Department within three working days of completion of any final inspection.
a. Each inspection form shall be maintained as a permanent part of each
program participant's file,
f4t ill The Collier County Code EnforsemeBt DepartmeBt BRa/ar tee City sf Nliflles
Buileing DivisiGFl Rehab Specialist shall be vested with the authority to make a
final detennination of conformance to code requirements for all code related
rehabilitation work performed under this program,
~ ill All rehabilitation work performed under the Collier County Residential
Rehabilitation Program must confonn to the requirements of "GeReml
Sflesif.isatiens for Re!:labilitatiaB and Home Repair," the Collier County
Operational Support & Housing Material Specifications if applicable, as well as
general industry work quality standards for such work, in order to pass
inspection(s) and be reimbursed under this program,
~ The pregram admiaistrater Department Director or his/her designee shall be
vested with the authority to make a final determination of work completeness and
work quality in the event that there is disagreement among any of the parties,
(d) Fina! ilq:;fJee$ie:'Is far I'ehS8ilit&tiel'l wer/; ether thom esde dejieionei08.
(1) Fiaal mSj'leetians fer etR8r reflal3ilitatiea werle will be )3erformea by Callier
CO\mty Cede Enfareemeet Dej'l8:l'tmElat or the City af Naflles Building DivisiGa
to determiae if materials ane ',','orkmanship saFRflly with the reEl1:liremeflts ef this
pre~m as eeseribea m "Gefleral Speeifieatiaas fer ReRabilitatioR and Home
Repair," if aflplisal3le, as well as the reEluirements oftRe eG\mty aRe eity f-Elr saeh
w.eI'k:-
(2) Copies af signee, esmpletee mspeetion farms f()f all final iRspeetiens shall be
provided to the Collier CoaBty f.ifl!!:Beial admiRistratieB and Hsasiag Departmont
withia th;-ee werking days Gf eaR'lflletioa Gf the inspeetioo,
(3) Eaefl final iflspeetiaB forFR sRall be maiataiaee as a permanent part ef eaeR
pregram partisipaBt's file,
(1) fiRal iBspeetioFls Elf premises sRall se maas By the Collier Cmmty finaReial
admiFlistratioFl and hOblSing DeflartmeRt, or S)' iRspestiElFl persOfl:Flel wom a
Callier Ce1:lFlty fiFlaneial iFlStitutioFl, wReH s1:leA. mstitlition sesomes an astiye
partiei)3arn in the Callier Cal,lFlty Resiaential RehabilitatioB Pregram.
a{Ql Such inspections may address, but are not limited to:
-h--!:iU Inspections prior to mediation between the homeowner and contractor,
when needed;
b-ill Inspections to determine extent of work progress prior to approval for
final payment to contractor;
~ Inspection to determine if all receipted, purchased materials have been
install ed;
4,-{Ql Inspection to obtain homeowner [mal sign-off and approval for [mal
payment to contractor,
(5) :\Jl rekabilitatiaR work performea l%FHi8r the CGllier CouRty Resiaential
Rellal3ilitaticlFl Pwg:ra,m mast eaafGFFl1 to the re~iremeFlts Gf "General
Sj3eeifieatioas for R€lRa.-bilitatieR !!:Be Home Ref'lair," if aflplisable, ElS well as
Page 24 of28
Underlined text added; strike ~8ygk text is deleted
Agenda Item No. 170
October 10, 2006
Page 27 of 30
g6fleral ineasir/ 'Nark quality staflaai"ds fDr sHah '?"erk, ill ocaer te pass
iRsp8etieB(s) afld 138 f8imel:H"S88 1ffi88r this fJregram.
(6) The J'lrogram aaministrator shall he vested -Nit-h the authority to malee a [mal
determiFlatieB of work aeFFlflletefl8ss afld warle "Iualit)' in tfJ.e event that tfJ.ere is
aisagn~8m8Rt amenr; afl)' ofth8 pai"ti8s.
See. 114 7g. Sec. 114-77 Methods of payment for rehabilitation work performed.
(a) Pelformance bonds.
(1) No performance bond shall be required to be posted by a contractor selected by
owner or pre qualified eeRtraetor under this program.
(2) III lieu ef J'lostiBg a p8rfermaflee hond, aR aFRel:H1t 8"1Ual ta 20 pereent of afl)'
interim progress J'laymeFlt '.'"ill he retaiFl8d peFlaillg eampletiaH afld [mal appro'_'al
ef all rehabilitation -.vode, aHd submissian of wai-,'ers ef lien afld preper
doeHlTl6ntatioR.
(b) Methods of payment for work peiformed.
(I) There are two methods by which contractors may be paid for services rendered
under this program:
a. One time payment for services:
1. Contractor submits "farm U, R8Elliest for IRspeetien" an invoice
to the finafleial aamillistration and ROlising dQepartment. ~
reqli8st must ha'.'8 eopies of r8e8ipts for materials attaeRe8. We
reqRest will be proeessed '.vitRout eopies af the veRdor Feeeipts for
materials used OR the dwelling liRit.
2. Payment to contractor is contingent on submission of "form U,
Reqaest fer IHspeetion," the Final Inspection Report by the Rehab
Specialist to Collier Cmrnt)' finaFleial .\dministratieH and HElI,lsiag
the Department, and final inspection by appropriate personnel, and
must be accompanied by:
1. Affidavit from contractor stating that subcontractors and
material suppliers have been paid for the particular job and
dwelling unit for which the contractor is submitting a
request for payment to Collier County.
a) Contractor(s) must submit final, notarized origillals
of "Fonn M, "Waiver of Lien to Date~" frem all
sHbeeRtraeters with the "farm U, R8q.uest fer
IFlspeetion. "
b) Final inspections will not be conducted until such
time that final, notarized originals of "Form M,
Waiver of Lien To Date!!- have been submitted to
the fiRaneial aaministration and hORsing
dQepartment for all subcontractors perfonning
rehabilitation work on the dwelling unit to be
inspected.
c) Contractor(s) must submit final, notarized eriginals
of "form M, Waiver of Lien to Date" Frem all
buildiRg material sl.lpJ'lliers with "fefFR U, Reqliest
fDr Inspeetion. "
61 fl Final inspections will not be conducted until such
time that final, notarized originals of "form M,
Waiver of Lien to Date!:. has have been submitted
to the fiHaneial administratiEJfl and hORsing
dQepartment for all material vendors providing
materials for the dwelling unit to be inspected.
Page 25 of28
Underlined text added; 61rih. thrBHgR text is deleted
Agenda Item No. 170
October 10, 2006
Page 28 of 30
11. In the alternative, upon submission of invoices or other
documentation from contractor and a written notarized
statement from contractor that materials have been
supplied and services rendered which are satisfactory to
contractor, payment shall be processed
iii. frnal iflsflestian of all work iFltiJRGes to sarrest Cellier
Cel:lHty H0Hsiag Cade 'iielations is eaFls\:leted B)' the seae
ilHfersement sepai"tm6flt within three werkiFlg aays ef
reeeipt ef "f0rm U, Reql:lest fer iRsfleetieFl" H-om the
finaRsial .\aIRiRistrati0F1 aRa HoasiRg separtment.
w,. iii Final inspection of all rehabilitation work shall be
conducted by the Cellier CeliFlty HBaflsial admillistFCitioll
!FlS helisiag dQepartment, tHe Callier CeHRty COBe
Enf-ereBmeRt D@partment, and personnel from applicable
city departments or divisions", aRd/er aflprepriate
flerseHRel trem a 10saI fillaasial institHtieFl that is
partieipatiFlg iFl tae program, to aetermiRe tHat all
flarsaaseB materials have Been iRstall@d. SHeh insfleetien
sRall Be eensl:letes withiFl three werlong says of res@iflt ef
"Form U, Reql:lest for InsJ'lestion" BY the finafleial
.^.dmiRistfatiell and HeasiRg deflartment.
".,. iv. CeHtraetor, The homeowner, and the Department Director
or his/her designee all inspester(s) complete and sign form
entitled "f0rm T, Disbursement Authorization."
"+'-.y. Contractor executes form entitled "Fonn M, Waiver of
Lien to Date" and provides the original notarized
document to the purchasing department and a copy of the
executed form to the finaFleial administration aflEl ROHsing
dQepartment.
:3. C0ntraetor SHBHHtS eOflies ef reeeipts fer all rehaeilitatieB
materials pl:H"eRaSeS and iFlstalle8 fer r@imel:H"semeHt with
progrllfR/loan fuNss to tRe Fimmeial :\6HHFlistratioFl aRa HOHSiRg
depai"tment ',vith sigfled aFld eOR'lflleted "form T, Disbm-seffient
.\I:lthorization. "
1. finaneial .\dmiaistratioH ana HOlisiRg tleflartmeBt shall fefWai"a
oopies of all sontraeter's reseipts for flareHasetl materials, "Ferm
T, DisBarsemeat .\utRorizatioR," aFld other appropriate dOellR'H:1Flts
to the Collier County Cleric's Finanee Depai"tmeat.
~.1. Collier County Clerk's Finance Department shall process payment
to contractor for the contract amount and for any additional work
authorized and documented on the "form R, Change Order!:. by
the program aaministrater Department Director or his/her
designee.
&- 1.. Contractor is responsible for providing payment to any and all
sub-contractors performing rehabilitation work on dwelling units
and property.
b. Progress payments.
1. All requests for progress payments must be submitted on the form
entitled "form T, Disbursement Authorization,"
2. IFlterim er final mspestioR of all work intBl'i8ea to serreet Callier
CaliBty Hel:lsiag Ceae vielatiens is ecmGl:Istea by tRe eoae
enforsemeFlt sepai"tment, and all werk te eerreet City of Naples
Housing Ceae is eeRaaeted by the eity Bl:Iildiflg diyisiaFl, '.vithiR
three w0rkiRg days ofreeeipt 0f"ferm U, ReqHest for IFlspestion"
H-em the FiRaReial .^.dministratiofl and Reusing departffieFlt.
Page 26 of28
Underlined text added; 6tFike lBrBugQ text is deleted
Agenda Item No. 170
October 10, 2006
Page 29 of 30
;"b, Interim inspection of all rehabilitation work shall be conducted by
the Collier CeuRty frnaReial aeministratieR aRe h9Hsing
dQepartment and the, Rehab Specialist. C9llier COliaty Cose
EnfereemeRt DepartmeFlt, aj3)3lieaale eity deJ'lartmeRts or
diyisieBs, ans/er apj'lropriate perseffilel frOHl a local finaRcial
instittttioR tHat is )3articiJ'latiRg in tRe J'lragram, te eetermiRe tRat all
)3urel1asea materials have beeR install ea. SIo1611 iasj3eetien shall be
cORsacted 'l:ithiR three worlciflg days ef reeeiJ'lt of "fOml U,
Reqblest for IRGpectioFl. "
~.1. Contractor executes form entitled "Form ~1, Waiver of Lien to
Date" and provides the original notarized document to the
purchasing department and a copy of the executed, notarized form
to the finaRsial adm-inistratiEln ana ROHSing dQepartment.
~ 1. COfltractor, The homeowner, and all insJ'leeter(s) Department
Director or his/her designee complete and sign form entitled
"fOml T, Disbursement Authorization."
e. Centraeter submits eopies of reeeipts fer all materials pl:H"ehased
with program/loan fllRds to the finaReial "^.dministratisa and
HoasiBg Department witH tHe reqliest for pregress paymeRt EHld
"Form T, Disbocsemeflt ,'.lithorizatiofl. "
* i. The finaneial admiRistratioR aRd Helising dQepartment shall
forward contractor's invoice, copies Elf all reeeipts for pocehased
mat<lrials, "Form T, Disbursement Authorization," and other
appropriate documents to the Collier County Clerk's Finance
Department.
&,. Q." Collier County Clerk's Finance Department shall process payment
to contractor for the invoice amount and for any additional work
authorized through change order by the program admi'flistrator
Department Director or his/her designee.
1. No payment shall be made for any work not specifically
authorized by the program aaministrator Department
Director or his/her designee. either by contract or by
change order.
9,. 1. Contractor is responsible for providing payment to any and all
sub-contractors performing rehabilitation work on dwelling units
and property.
(c) Program participantfiles.
(1) Copies of every form and copies of all receipts used in the contractor payment
process shall be kept as a part of each individual homeowner's program file.
(d) Chsnge srder cel;ti:lge!':C.~'.
(1) Each rElRabilitation loan will include a eORtiRgsl'1ey reser.'e fund whiel'l, as a
general rule, will se based OR teR (10) perceFlt Elf the east sf the reRabilitatien
cOBtFaet.
a. ContingeRc)" requirements may vary whefl sueR requiremeFlts are
mandates by a sj'leeific funElin;; SOlifee.
(2) ,'..flY 'Nor!: eElmpletee J'llifsHaRt to an apprElves ehaRge eraer that inel:H"s adsitioRal
costs will be sedlieted B-om this ten pereeflt eORtingeRey reSElrve.
(3) Centingenc)' flinds ml:lst be eJ,pende8 te attain ~e fiRal aoUar amEltlflt Elf tRe
seeoas mortgage aRd the promissory note.
Sec. 114 79. Sec. 114-78 Disaster waiver.
(a) In the event of a natural disaster, program guidelines regarding pre-qualification of
participating contractors may be waived in order to expedite needed repairs and
improvement to damaged properties.
Page 27 of28
Underlined text added; slnk@ lftrBligh text is deleted
Agenda Item No. 170
October 10, 2006
Page 30 of 30
(b) Any dollar expenditure cap in effect for any state or federal program that provides funds
used in the Collier County Rehabilitation Program may he waived or increased where the
governor of the State of Florida, or the executive officer of any state or federal agency
issues an executive order, or other such directive, waiving or increasing said cap.
(c) All Collier County Residential Rehabilitation Program requirements for documentation
by contractors of material purchases and estimated labor costs shall remain in effect.
Secs. 114-80--114-90. Reserved.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County, the
more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular
application thereof, shall be held invalid or unconstitutional by any court, administrative agency
or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses
or phrases and their application shall not be affected thereby.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this ordinance shall become and made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of , 2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, Chairman
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Managing Assistant County Attorney
Page 28 of 28
Underlined text added; 6Wilte 18rsHgh text is deleted
Agenda Item No. 17E
October 10, 2006
Page 1 of 9
-"
EXECUTIVE SUMMARY
Recommendation to amend the State Housing Initiative Partnership (S.H.I.P.) Down
Payment Assistance Program through Chapter 114 ofthe County's Code of Laws to reflect
improved practices and organizational changes.
OBJECTIVE: To have the Board of County Commissioners (BCe) amend the S.H.I.P. Down
Payment Assistance Program through Chapter 114 of the County's Code of Laws to reflect
improved practices, and organizational changes.
CONSIDERATION: Chapter 114 of the County's Code of Laws and Ordinances includes
Ordinance No. 94-59 that sets out the S.H.I.P. down payment and closing cost assistance
program.
This amendment to Chapter 114 will clarifY and make the following changes to the sections
noted below:
,-
· Update the Ordinance to provide for new contracts, forms and verifications
· Specify that the maximum allowable home sales price will be the amount indicated in the
Collier County Local Housing Assistance Plan (LHAP) or as amended by the State of
Florida S.H.I.P. regulations
· Allow for direct payment of down payment and closing cost checks to closing
agent/owner to simplify the process with the Collier County Clerk of Courts Finance
Department and provide for better audit control
The above recommended changes ensure the Ordinance is consistent with mandated practices,
facilitates future changes in home prices and simplifies our financial transactions with the Collier
County Clerk of Courts who approves these changes to our accounting practices.
FISCAL IMP ACT: There is no fiscal impact associated with this amendment.
GROWTH MANAGEMENT IMP ACT: The continued use of the S.H.I.P. Program will allow
Collier County to continue to meet the goals, policies and objectives of the Comprehensive Plan.
LEGAL CONSIDERATIONS: The proposed Ordinance has been approved as to form and
legal sufficiency by the County Attorney's Office.
RECOMMENDATION: To have the BCC amend the S.H.I.P. Down Payment Assistance
Program through Chapter 114 of the County's Code of Laws to reflect improved practices, and
organizational changes.
PREPARED BY: Lauren Beard, SHIP Program Coordinator
Operations Support and Housing
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17E
Agenda Item No. 17E
October 10, 2006
Page 20f9
Recommendation to amend the State Housing Initiative Partnership (S.H.I.P.) Down Payment
Assistance Program through Chapter 114 of the Countys Code of Laws to reflect improved
practIces and orgamzational changes.
10/10/2006 9:00:00 AM
Date
Prepared By
Lauren Beard
Community Development &
Environmental Services
SHIP Program Coordinator
Financial Admin. & Housing
9f2212006 2:32:41 PM
Approved By
Date
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/28/20063:09 PM
Date
Approved By
Denton Baker
Community Development &
Environmental Services
Financial Admin & Housing Director
Financial Admin. & Housing
Approved By
9f29/2006 9:47 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
Date
9129/20064:02 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
1013/2006 8:53 AM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
10/312006 9:47 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/3/20061:11 PM
Agenda Item No. 17E
October 10, 2006
Page 3 of 9
ORDINANCE NO. 2006-_
AN ORDINA-~CE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 94-59, AS
AMENDED, KNOWN AS THE COLLIER COUNTY S.H.I.P. DOWN
PAYMENT/CLOSING COST ASSISTANCE PROGRAM, CODIFIED IN
CHAPTER 114, ARTICLE V, OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, AND DERIVED FROM THE STATE
HOUSING INITIATIVE PARTNERSHIP (S.H.I.P.), IN ORDER TO
REFLECT ADMINISTRATIVE PROCEDURES; REQUIRE DIRECT
PAYMENT OF DOWN PAYMENT AND CLOSING COSTS; PROVIDE
FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDE FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable
Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, with rules
adopted at Chapter 67-37, Florida Administrative Code, as a comprehensive funding package
for state and local housing programs to better enable local governments to meet their
responsibilities for affordable housing in accordance with their comprehensive plans; and
WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing
documentary stamp taxes on deeds (the "SHIP" funds) to local governments for development
and maintenance of affordable housing; and
WHEREAS, Collier County implemented a Local Housing Assistance Program through the
adoption of Ordinance No. 93-19, the "Collier County Housing Initiatives Partnership (SHIP)
Program;" and
WHEREAS, consistent with the Local Housing Assistance Plan, the Board of County
Commissioners (Board) adopted Ordinance No. 94-59, the "Collier County SHIP Down
Payment/Closing Cost Assistance Program;" and
WHEREAS, the Board desires to amend the Down Payment/Closing Cost Assistance
Program in order to reflect administrative procedures and require direct payment to the closing
agent or owner so as to improve the Program's function and provide for better audit control.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Chapter 114, Article V, S.H.I.P. DOWN PAYMENT/CLOSING COSTS
ASSISTANCE PROGRAM GUIDELINES AND PROCEDURES, of the Code of Laws and
Ordinances, is amended as follows:
Sec. 114-93. Eligibility criteria; down payment/closing cost assistance.
(a) Applicants will be recommended for this program through participating members of the
Collier County Banking Partnership, banks, mortgage brokers, and other non-profit
organizations committed to meeting the credit and housing needs of the entire
community. Additionally, S.H.l.P. guidelines stipulate that the program and availability
of funds be advertised in both newspapers of general circulation and periodicals serving
ethnic and diverse backgrounds.
(b) Applicants will be pre-screened by participating lenders in regards to total annual
household income, credit history, and capacity to repay. Applicants will be asked to sign
appropriate releases enabling the fmancial institution to provide such mortgage related
Page 1 of7
Underlined text added; sl.,;k. Ulreu;;h text is deleted
Agenda Item No. 17E
October 10, 2006
Page 4 of 9
infonnation to the Collier County Department of finaReial .^.dmimstratiEln Operational
Support and Housing, hereinafter referred to as "Program Administrator".
(c) Applicant eligibility. Applicants will be required to disclose the number of occupants
expected to reside in the subsequent dwelling unit, as well as their anticipated gross
annual incomes. Eligibility will be based on the following set limits for gross annual
income based on median figures established in J(ffiwuy Elf2003 March of 2006, provided
by the U.S. Department of Housing and Urban Development (HUD):
1 person. . . $39,100.00
2 persons. . . 11,e3Q.00 44.700.00
3 persons. . . 50,250.00
4 persons. . . 55,850.00
5 persons. . . 60,300.00
6 persons. . . 61,750.0064.800.00
7 persons. . . 69,250.00
8 persons. . . 73,700.00
The above limits are reflective of the maximum income allowed; adjusted for family
size, under the designation of low income household. These limits are subject to change on an
annual basis.
(d) Dwelling unit restrictions, This program is designed to assist in the purchase of singIe-
family houses, duplexes, townhouses. attached villas. or condominium units only. The
maximum sales price allowable will be $254,250.00 for .misting hemes aRd $254,250.00
for Rew eeastrlietieB, Elf the amount indicated in the Collier County LHAP, or as
amended by the State of Florida S.H.I.P. regulations. Beneficiaries must claim the
subject dwelling unit as their homestead.
(e) First time homebuyer status. In order to qualify for the program, applicant(s) must not
have owned a home for a minimum of the most recent three consecutive years.
Verification of fIrst time homebuyer status will be documented in the participant(s)
permanent file.
Sec. 114-94. Administration of down payment/closing cost assistance and
rehabilitation/emergency repair.
(a) The direetor of the eOUflt). 8epai"tment Elf fmElfieial asministration afle houGing sRall he
dl!sigflated as the ~frogram aAdministrator Director afKi shall have the authority to sign
all reports, transmittals, mortgage loan documents, and certifications regarding this
program.
(b) The COUFlty dtl~artmtlB-t of fiRaneial admiFlistratiElR and REllisiBg Program Administrator
will be responsible for the following administrative duties:
(1) Advertisement in a publication of general circulation announcing the program
and availability of funds.
(2) Accepting applications, reser\'atiEln rorms, and all supporting documentation.
(3) Verification of eligibility requirements for the program, and approval of
applicants.
(4) The maintaining of all required documentation and records of correspondence for
each beneficiary in a permanent file.
(5) The preparation of financial reports detailing S.H.I.P funds used, remaining
availability of funds, and participating local financial institutions.
(6) The coordination of efforts with the County'S between the eormty's fiRafleial
AdministratioB aRS hEllisiBg StlfJai"tFFll!Bt, purchasing and fmance departments,
with the goal of being timely and efficient processing of all loan documentation
and payments.
Page 2 00
Underlined text added; sBikB ~GHgI< text is deleted
Agenda Item No. 17E
October 10, 2006
Page 5 of 9
Sec. 114-95. Required documentation for down payment/closing cost assistance.
(a) The following documentation will be required of all beneficiaries of this program.
Documentation required for rehabilitation emergency repair assistance will be detailed in
the following section. Packets will be available through the eelffity eepartR'lElnt of
operatieHal s12fJpert ana RElusing Program Administrator and at local lending institutions.
(1) Sales contract. A copy of the fully executed sales contract and loan application
(fanHie Mae) will be required from the applicant(s). The sales contract will
verify the listed seller, sales price, and proposed closing date. The application
will establish borrower information that will be further verified by other
supporting loan documentation. A copy of the sales contract and application will
be maintained in the borrower's permanent file.
(2) Reservation form. Requests for reservation of funds will be made by the first
mortgage lender through the use of this document. Information contained in the
form relates to the borrower(s), financial institution and subject dwelling unit. It
will be the responsibility ofthe first mortgage lender to provide a completed copy
of this form to the c01:lnty deJ'lartmeat ef operatiElFlal s12fJJ'lort and RousiBg
Program Administrator in order to initiate the qualification process. A copy of
the reservation form will be maintained in the borrower's permanent file.
(3) Certification of financial institution. The officer of the financial institution
underwriting the first mortgage loan will be required to execute this combined
form before a notary public. The following information will be verified through
the use of this form:
a. That all information regarding the applicant is true and correct.
b. The loan will conform to lending parameters as stated in the certification
of participant form.
c. That all loan funds will be applied to the required down payment/closing
cost or rehabilitation repair, and that the borrower not receive any loan
funds in cash.
A copy of the combined certification of participant/certification of [mancial
institution will be maintained in the borrower's permanent file.
(4) Mortgagor's certification and past residence. Applicant(s) must not have owned
any home for a minimum of three consecutive years in order to qualify as first
time homebuyers. This document can be used as verification of residence for the
past three years, as well as providing information regarding current amount of
rent, and CUHent landlord. A copy of the mortgagor's certification and past
residence will be maintained in the borrower's permanent file.
(5) s.R.!.P. income certification. This form is required documentation for any
program utilizing the S.H.l.P. monies as a funding source. Information contained
herein relates to anticipated household income, assets, and household data. A
copy of the S.H.I.P. income certification form will be maintained in the
borrower's permanent file.
(6) s.R.!.P. Homebllyer Education certificate. Each applicant must attend a S.H.I.P.
four hour homebuyer education class prior to closing. A copy of the S.H.I.P.
homebuyer education certificate will be maintained in the borrower's permanent
file.
(7) PromissOlY note. The promissory note will detail the loan agreement established
between the bOlTower and the affordable housing trust fund, relating to the funds
for down payment/closing cost assistance and rehabilitation/emergency repair.
The note will include details of the loan including, but not limited to:
a. Borrower's promise to pay;
b. Interest and payments;
c. Borrower's right to repay;
d. Charges;
e. Subordination;
Page 3 00
Underlined text added; 61rihe lHrsHgR text is deleted
Agenda Item No. 17E
October 10, 2006
Page 6 of 9
f. Borrower's failure to pay as requested;
g. Obligation of persons under this note;
h. Wai vel's;
i. Uniform secured note.
The original promissory note is to be maintained in the borrower's permanent file
Hi the eOlilRty's G~ai"tFl'l@et ef op@Fati0l'lal sliWert afle RElHSrng by the Program
Administrator, and a copy will be maintained on file in the county's finance
department.
(8) Second mortgage. The second mortgage will be used as the security instrument
for the promissory note, and will be recorded by the Collier County Clerk of the
Circuit Court. The original recorded second mortgage will be maintained in the
borrower's permanent file bv the Program Administrator, ia t-he Collier Ceanty
Department sf Operational S~PfJElrt and Hsasing. Payment of fees associated
with the recording of this document will be the responsibility of the borrower.
(9) Third party verification. Third party verification of income will be necessary
whenever the applicant states that any part of the household income is derived
from public assistance, a government agency, or for formal verification of
employment. The following sources of income will require formal third party
verification by the financial institution underwriting the first mortgage loan:
Including but not limited to, military payment, social security benefits, public
assistance, pension and annuities, unemployment benefits, Veterans
Administration benefits, educational assistance, income from business, recuning
cash contributions, child support, and assets on deposit.
This income verification information may be represented on either Collier
County S.H.l.P. forms or other documentation supplied by the lender used for
underwriting purposes. While formal, written third party verification is always
preferable, a memorandum to the file documenting the conversation with the
third party will be acceptable. In such a case it is extremely important to specify
the date, contact person, phone number and address of the third party the
conversation is conducted with.
(10) Home Inspection. Purchasers of existing homes with a certificate of occupancy
over 12 months old at the time of application will be required to have a home
inspections completed by a licensed home inspection company. A copy of the
home inspection will be maintained in the borrower's permanent file.
(6) This iReeme verifieatioa iRfoJ"fRation maybe rB]3res8ftted OR either Callier CelilRty
S.H.I.? ferms or ElthElr s06limeRtation supplies by tRe leHaer used for HFlGIilf\vritrng
pl:lf]'lases. '.Vhile formal, ',\TItten thirs party verifieatiaa is always pfeferable, a
memoraRdliffi ta the file aoeumenting tRe eonveFsatioFl '.vith tRe third party will be
aeeeptasle. In SHell a sase it is elltreHiely impertaHt to speeify the date, eeetaet pemon.,
phene RHmeer, ana aaaress sf the tRim party tHe eOHyersatiEln is eElR8uetes wit-h.
Sec. 114-96. Rehabilitation/emergency repair; eligibility criteria.
(a) In order to be considered, applicants must meet the eligibility criteria for the down
payment/closing cost assistance portion of this program.
(b) Only construction, rehabilitation or emergency repair of affordable housing which is a
permanent improvement to the home, including but not limited to: repairs or
improvements which are needed for safe sanitary habitation, correction of substantial
code violations, the ereatioa Elf aasitienal living spaee, and installation, repair, or
replacement of any major goods, particularly appliances will qualify under this program.
Items deemed necessarv on the home inspection report shall be completed prior to any
additional repairs.
(c) Purchasers of homes which have had a certificate of occupancy for less than 12 months
at time of application will not qualify for rehabilitation/emergency repair under this
program, but will be eligible for down payment/closing cost assistance loans of up to
$50,000.00.
Page 4 of7
Underlined text added; SHih ~eHgh text is deleted
Agenda Item No. 17E
October 10, 2006
Page 7 of 9
(d) Rehabilitation/emergency repair loans will be limited to $2,500.00 per borrower.
Sec. 114-97. Monitoring of rehabilitation/emergency repair work including goods
purchases.
(a) Information regarding the nature of the rehabilitation/emergency repair work to be
performed or goods to be purchased will be compiled by the homebuyer. Abatement or
correction of health and safety housing code violations are to be given priority over any
rehabilitation work, assitioFl ef liY~ag sflaee, or goods purchase.
(b) For goods identified to be purchased, the borrower must submit a price quote to the
"OliRty eflBratisnal safJpert ane a8lisiag Btlpai"tmeflt Program Administrator for approval
prior to purchase. This estimate is to be approved by the borrower and a representative
fFefR of the sperational SliJ'lpert and housmg ee\3artmBnt Program Administrator prior to
purchase or delivery. Thereafter, the operatieFlal Sl:lpport and hOlisiFlg depai"tmeRt
Program Administrator may inspect the borrower's home for the approved goods to
provide reasonable assurance that the approved goods were delivered and are in good
working order. No funds will be disbursed prior to verification by the dspartmeRt of
o]3eratierllrl sUj3pert afld hOlising Program Administrator and inclusion of an itemized
delivery slip or invoice from the approved goods supplier.
(c) Rehabilitation/emergency repair work.
(1) For rehabilitation/emergency repair work not reqUlnng a building permit, the
borrower has the option to either perform the rehabilitation work as an
ownerlbuilder, or to contract with a tradesman holding a certificate of a
competency in Collier County in the specific trade corresponding to the type(s) of
rehabilitation work be to performed.
(2) For work requiring a building permit the borrower will be responsible for the
selection of a Collier County or state licensed contractor who must perform the
rehabilitation/emergency repair work.
The contractor or tradesman who is selected must supply a detailed written
estimate to the borrower.
(3) Borrowers performing their own rehabilitation repair work must also submit a
detailed cost estimate of materials to be purchased which must be approved by the
county's department of operational support and housing prior to commencement
of rehabilitation work.
(4) A copy of the approved estimate will be maintained in the borrower's permanent
file. Monitoring of the work to be performed by a tradesman or contractor will be
the responsibility of the borrower. Contractual agreements made will be between
the borrower and tradesman contractor. The county's ae\3artR'lent of eperational
sapport aHa housing Program Administrator will be provided with a copy of the
signed contract and approved estimate for rehabilitation/emergency repair work,
which will be maintained in the borrower's permanent file.
(5) Upon completion, any work requiring a building permit to be performed will be
inspected by the county permitting and review department. All work performed
not requiring a building permit and not requiring an inspection by the county
permitting and review department may be inspected by the operational support
aFld hOl:lsiRg depai"tmeflt Program Administrator to provide reasonable assurance
that such work has been satisfactorily completed.
(6) No funds will be disbursed prior to verification of satisfactory completion of
rehabilitation/emergency repair work by the county's building and review
department or o]3eratioRal sUP130rt aHd housing aepai"tment Program
Administrator and inclusion of final invoice from a material or goods supplier
and/or contractor or tradesman submitted to the county's operational support and
housing department.
Page 5 of?
Underlined text added; strike tA;BH(;R text is deleted
Agenda Item No. 17E
October 10, 2006
Page 8 of 9
Sec. 114-98. Required documentation for rehabilitation/emergency repair including goods
purchases.
(a) The following documentation will be required of all participants eligible, for
rehabilitation/emergency repair loans:
(I) Contractor/tradesman 's, or materials, or goods purchase estimate. All work that
is to be performed must be listed on tRis }(m~l. A copy of the approved estimate
will be maintained in the borrower's permanent file. This form must be delivered
to the a repfesentati"is af the eeliFlty's eepartFlulRt af operatianal Sliflflort afld
hQusing Program Administrator prior to the commencement of any
rehabilitation/emergency repair work. Rehabilitation/emergency repair loans
under this program will be made up to a maximum of $2,500.00.
(2) Physical inspection. A copy of all required physical inspections conducted by
the county permitting and review department, or opOlratieRal stlflflert aHa halisiHg
aSflartmeFlt Program Administrator will be maintained in the borrower's
pennanent file.
(3) Second mortgage. As described in the section detailing documentation required
for down payment/closing cost assistance, the second mortgage will be used to
secure the promissory note&. The second mortgage will be recorded by the Collier
County Clerk of the Circuit Court. The original recorded second mortgage or
evidence the second mortgage was recorded will be maintained in the borrower's
pennanent file. Fees associated with the recording of this document are to be paid
by the borrower.
Sec. 114-99. Procedure of loan closings and the disbursement offunds.
(a) The lender underwriting the first mortgage will make a formal request for the reservation
of S.H.I.P. funds by contacting the Program Administrator eoooty a8j3artmeRt of
finaneial admillis1;FlltieR afld ROllsing. Reservation requests should be made a minimum
of 30 days prior to the contract closing date, and substantiated through the use of the
rsseryatien farm dOltailed in the ssetioR seserihing reqliin;,d do,"umsntation S.H.I.P.
application. At this point, funds will be reserved, and the applicant will be assigned a
file number. It will be asked that all completed program documentation be provided for
the purposes of verifying the applicant's eligibility, and to initiate the disbursement
process.
(b) The Program Administrator ,"oanty purohasing aspai"tment will be notified of the request
for funds through a requisition, and a separate purchase order will be issued for each
borrower or a direct pay check request. Loan funds for down payment/closing cost
assistance will be issued in the form of ~ two payee checks, payable to the
borrower/closing agent. Receipt of these funds will be verified by the closing agent, and
further evidenced on the formal settlement statement, a copy of which will be maintained
in the borrower's permanent file. Copies of all down payment assistance checks issued
are to be kept in the borrower's permanent file.
Funds disbursed for rehabilitation/emergency repair will be disbursed to the contractor,
tradesman, QI business establishment, or homsElwRsr through a separate purchase order
or a direct pay request only after submission of the invoice and a satisfactory inspection
report, if required.
(c) A representative of the Program Administrator eooot)"s dspartmeFlt ef fmaneial
admiHistr.atien aad halising will be present at loan closings whenever possible. The
representative will verify that all mortgage and supporting documents have been
executed properly, and that the second mortgage be recorded by the Collier County
Clerk of the Circuit Court. The recorded second mortgage or evidence of recording will
then be kept on file ffi Qy the Program Administrator eeliRty's 8e!'lai"tHlel1t of fiRaneial
adrniRistratioR aRe hOliSi-flg. The completed borrower's file will contain copies of all
documentation received from the first mortgage lender in addition to the S.H.l.P. funds
provided by this program, for the purposes of establishing a complete audit trail.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County, the
Page 6 of?
Underlined text added; strike 1hi"SllgR text is deleted
Agenda Item No. 17E
October 10, 2006
Page 9 of 9
more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular
application thereof, shall be held invalid or unconstitutional by any court, administrative agency
or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses
or phrases and their application shall not be affected thereby.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this ordinance shall become and made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AAl> DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of
,2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Managing Assistant County Attorney
Page 7 of7
Underlined text added; stril(e lM8HgR text is deleted
Agenda Item No. 17F
October 10, 2006
Page 1 of 8
,-
EXECUTIVE SUMMARY
SE-2006-AR-I0283, Scrivener's Error Petition to amend Resolution 2006-157 to reflect the
correct legal description and correct zoning for the subject property located in all of
Sections 35 and 36, Township 47 South, Range 27 East, and all of Sections 1 and 2,
Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846
(Immokalee Road), Collier County, Florida.
OBJECTIVE:
That the Board of Zoning Appeals (BZA) adopt the attached resolution to amend Resolution No.
2006-157, in order to reflect the correct legal description and correct zoning.
CONSIDERATIONS:
On June 20, 2006 the BZA adopted Resolution No. 2006-157, which approved Petition CU-
2006-AR-9699 (that granted a conditional use for earth mining activities with excavation of fill
material to a maximum depth of 60 feet) or the confining soil layer, whichever is less, and
blasting of material in an Agricultural (A-MHO) Zoning District (exhibit A). The proposed
Resolution is intended to correct this error.
,-
FISCAL IMPACT:
This correction will have no fiscal impact on the County.
GROWTH MANAGEMENT IMPACT:
The original petition was reviewed for consistency and was found to be consistent with all the
applicable provisions of the Growth Management Plan.
LEGAL CONSIDERATIONS:
The proposed resolution will amend Resolution No. 2006-157 and reflect the correct legal
description and zoning district for the property receiving the conditional use.
RECOMMENDA TION:
That the BZA adopt the proposed resolution in order to amend Resolution No. 2006-157.
PREPARED BY:
Melissa Zone, Principal Planner
Department of Zoning and Land Development Review
--.
SE-2006-AR-10283 Executiye Summary.rtf
1
Item Number:
Item Summary:
Meeting Date:
Agenda lIem No. 17F
October 10, 2006
Page 2 oi 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17F
This item requires that all participants be sworn m and ex parte disclosure be provided by
Commission members. SE-2006.AR-10283 Senvener's Error to amend Resolution 2006.157
to reflect the correct legal description and correct zoning for the subject property located in all
of Sections 35 and 36, Township 47 South, Range 27 East, and all of Sections 1 and 2,
Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846
(tmmokalee Road), Collier County. Florida (A conditional use lor earthmming activities)
10/10/200690000 AM
Date
Prepared By
Melissa Zone
Community Development &
Environmental Services
Principal Planner
Zoning & Land Development Review
9/21/2006 3:38:06 PM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/21/20063:56 PM
Date
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
9/2212006 8: 13 AM
Date
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Zoning & Land Development Review
9/2212006 11 :42 AM
Approved By
Date
Donatd L. Scott
Transportation Services
Transportation Planning Director
Transportation Planning
9/22/20064:38 PM
Date
Approved By
Norm E. Feder, Ale?
Transportation Services
Transportation Division Administrator
Transportation Services Admin,
9/26/2006 9:57 AM
Date
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Zoning & Land Development Review
9/27/20068:28 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
9/28/2006 8:06 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
9128/2006 3:45 PM
Date
Approved By
Mark Is.ackson
County Manager's Office
Budget Analyst
Office of Management & Budget
9/28/20064:48 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
9/28/2006 7:07 PM
Agenda Item No. 17F
October 10. 2006
Page 3 of 8
LEGAL DESCRIPTION
ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE
27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48
SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR
COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY.
FLORIDA. .
'EXHIBIT "8"
RESOLUTION NO. 06-_
Agenda Item No. 17F
October 10, 2006
Page 4 of 8
A RESOLtrrION OF THE BOARD OF WNING APPEALS,
AMENDING RESOLUTION NO. 06-157, IN ORDER TO
CORREcr SCRIVENER'S ERRORS IN THE LEGAL
DESCRIPTION AND ZONING CLASSIFICATION FOR
PROPERTY PREVlOUSLY APPROVED FOR A
CONDmONAL USE.
WHEREAS, on June 20, 2006, the Board of Zoning Appeals adopted Resolution No.
06-157, establishing a conditional use. for earth mining activities, with excavation of fill
material, pursuant to Section 10.02.03 of the Collier County Land Development Code; and
L
WHEREAS, following adoption of Resolution No. 06-157, staff determined that the
legal description and zoning classification attached to the Resolution did not contain provisions
that were otherwise intended and made a part of the public hearing and, therefore, their
omission constitutes a scrivener's error.
~\
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF iONING APPEAlZ
OF COlLIER COUNTY, FLORIDA, that Resolution No. 06-157 is amended as follows:
(Underlined text added; awike f/t1'B"t:h text is deieted)
1. All references to the legal description of the subject property shall read:
"All of Sections 35 and 36, Township 47 South, Range 27 East,
and all of Sections 1 and 2. Township 48 South RanlZe 27 East.
less road rilZht-of-wav for CounlV Road 846 ammokalee Road).
Collier County, Florida"
2. All references to the zoning classification of the subject property shall
read:
". . . Agriculture fA1-:Mobile Home Overlav (A-MHO) Zoning
District. . . "
BE IT FURTHER RESOLVED that this Resolution shall be recorded in the minutes of
this Board.
This Resolution adopted after motion, second, and majority-vote favoring same this
_ day of
,2006.
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF ZONING APPEALS OF
COlLIER COUNTY, FLORIDA
By:
. Deputy Clerk
By:
FRANK HALAS, Chairman
RESOLUTION NO. 06-.!22..
Agenda Item No. 17F
October 10, 2006
Page 5 of 8
A RESOLUTION OF TIlE BOARD OF ZONlNG APPEALS
PROVIDING FOR TIlE ESTABUSHMENT OF A
CONDmONAL USE FOR EARTH MINING WITH
EXCAVATION OF FIlL MATERIAL TO A MAXIMUM
DEPTH OF 60 FEET, OR TO TIlE CONFINING SOIL LAYER.
WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN
AN AGRICULTURE (A) ZONlNG DISTRICT IN
COMPLIANCE WITH ALL BLASTING REQUIREMENTS
PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES AND
SECTION 10.02.03 OF TIlE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTIONS 35 AND 36. TOWNSHIP 47 SOUTH, RANGE 27
EAST. COLLIER COlTh"I'Y, R..ORIDA.
~-
WHEREAS, the legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection of
the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, On November 9. 1999. the Board of Zoning Appeals approved Resolution
No. 99-420 for a conditional use for earth mining activities over the same property which is the
subject of the instant conditional use petition; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and bas considered the advisability of a conditional use for earth
mining, with excavation of fill material to a maximum depth of 60 feet, or to the confining soil
layer, whichever is less, and blasting of material in an Agriculture (A) Zoning District pursuant to
Section 10.02.03 of the Collier County Land Development Code on the property hereafter
described, and the Collier County Planning Commission has found as a matter of fact (Exhibit
.. A") that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 1O.08.DO.D. of the Land
Development Code; and
WHEREAS, all interest parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters present.
NOW, TIlEREFORE, BE IT RESOLVED BY THE BOARD OF ZONlNG APPEALS OF
COLLIER COUNTY, R..ORIDA, that:
The petition filed by R. Bruce Anderson, Esq., of Roetzel & Andress, representing Mining
Venture, LLC, and with respect to the property described in Exhibit "B," attached hereto and
incorporated by reference herein, be and the same is hereby approved for a conditional use for
earth mining, with excavation of fill material to a maximum depth of 60 feet, or to the confining
soil layer, whichever is less. and blasting of material in an Agriculture (A) Zoning District
DHIBIT A
Page I of 2
pursuant to Section 10.02.03 of the Collier County Land Development Code in accordance with
the Conceptual Master Plan (Exhibit "C"), and subject to the conditions set forth in Exhibit "D,"
Agenda Item'No. 17F
October ~ 0, 2006
Page 6 of 8
which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED, that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote.
Done this ~ day of gO ,2006.
ATTEST:
DWIGIjTE. B..ROCK. Clerk
~'~o,/k
"tust .., . ta.Oi.l."'~uty Clerk
11<jnnturt 001....//
Approxerf. ~ Lt. ro~ ~8.nd
legal sufficiency: .
BOARD OF ZONING APPEALS OF
COu.IER COUNTY, FLORIDA
:2~
By: ~ ~~
FRANK HALAS, Chairman
~,.~~L-~ .
Irr. Jeffrey K1atzkow ,
C5' Assistant County Attorney
Page 20f2
LLtOCO
1'-0-
,,-00
. N I'-
o -
ZOllJ
E:=g>
llJllJCL
..... .D
~.8
-00
cO
llJ
OJ
<C
~ ~
ill ~
r ~
i 6
1;1
~ ~ ~
i ~ ~ ~
~i ~ i8~~
~~ g~~i~
~ ~ ~~~
~ ~ ~~~
~ ~ l ~ ~ f5
:::Ii::~
f ~
<( <
~ ~. .
::> 1.:1 011 e
V> ~ ·
w .
V> w
::>
~ ~ II ,r
:5 ~ ~6 ~I
.~
H r
I! ,t
.1 ftr
~.
;llh
~I >>.
II .-
;~ hI
!' jl:
~!! ~I
~ ~
J: 8
\710. ~
::> I 1\
~~
~a.
B~
~Vi
u'"
~
1/l
"'-
::;
~
i ~ ..
i ' : ~
.
- 5
LL CD CO
,...-...,,-
o
CO
ZO(J)
'""" OJ
E,-C'O
(J) (J) 0..
_.0
-0
C'O.......
-oU
cO
(J)
OJ
<C
" .. '. .. . . ., . ' . . , , .. ..
.. .. . , .. .. " . . . . . . ., ..
.. .. ., .. ,. , . . . . . . . .. I","
.. w" '. .. . ,w .,. , . , . .w . . . , .. ..
..- .. .. .' . , . . . . ., ..
.. . . z " . . . . .. 0; . . . . . , ..
0
w- ~ .. .'. ~ r -
,=:tc .' .' ~I.: :L.: ' ,
...0
---- ,8 9 ;- -;,
-r-- ~ ,
.--- ... ~ ,-; . .
" .r.,. ~
e . .
\ I.. ~ s . .
h-.- ,
;- 0 Of-- ,i f-- - ~I'.' .' .17- I---;
rf-- -
l- I-- :il' I> ~ r--;
~ ~ ..... ." . - .r e--:.
'-- I:T. -. . ... . ... - , ';-. h'
..'
;= -- .....
I f-- ,r I--; .
II 0 'c:- r--;, .
:...! I , - r .:..,-- ~:.
.. :E 0
'" r ' 'w
,--~ :i 'c:- 12-"
'"
.~: . ......... ........... ........... .r f-: .
~ . .
.~
.. ....... '. . .. j .1. .1.
"-- g ~ - ~ (---~ - ---- ~ \ ,I.
" ., ,
0 0 0 0 . ,
.. :l: :l: :l: r
- :e ::& :e J :E ....
- '" '" '" '" ~
. .
JW3S OJ. JClIoI / __
- ..
6Z "lfS
:;
"
,,;
~
~
,
~ ~
S S
. ~
~p
",,"
n.
<(
::E
(!)
z
z
o
N
n.
<(
::E
z
o
....
<(
U
o
...J
Agenda Item No. 17G
October 10, 2006
Page 1 of 48
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt an Ordinance amending
Collier County Ordinance 90-105, as amended, the Collier County Contractors' Licensing
Board Ordinance
OBJECTIVE: That the Board of County Commissioners adopt an Ordinance amending
Ordinance 90-105, as amended, the Collier County Contractors' Licensing Board Ordinance in
response to the Boards direction to increase the ability to assess penalties to negligent
contractors; additionally to inform the Board of County Commissioners of the amendments
incorpoarated into the ordinance as revised in accordance with amendments to Florida Statutes
489 and 553 adopted by the Legislature of the State of Florida during the 2006 Legislative
Session and other administrative updates.
CONSIDERA TIONS:
.-..,
During the regular meeting of the Board of County Commissioners on January 10,2006, while in
discussion of agenda item lOA, a report on the performance of the Contractors' Licensing and
Code Enforcement Departments, the Board made a motion to direct staff to provide for a means
of assigning proportionate penalty for those contractors who, by their negligent action, cause.
distress and financial penalty to their customers who are subsequently required to appear before
the Board for a zoning variance. Subsequent to the regular meeting, in discussion with the
County Attorneys Office, the Code Enforcement Department and the Counsel for the Contractors
Licensing Board, it was decided to wait until the 2006 Florida Legislative session was adjourned
and then the Ordinance could be comprehensively revised to reflect the amendments to Florida
law. After the session adjourned the parties noted above met again to draft the revised
ordinance. Specific language was added to Section 4.1.8, addressing financial harm caused by
contractors causing customers to seek a variance or administrative remedy.
This year the Florida Legislature made significant amendments to the Statutes that govern the
Florida Building Code and Contractors' Licensing. The discussion group revised the Ordinance
to reflect updates in testing, missing language and other administrative issues. The following is a
summary of the amendments to the Ordinance: Section 1.3.1 owner-builders, to increase the
maximum expenditure limit to $75,000, to allow for the repair or replacement of certain roof
shingles and to provide for a disclosure statement; amending Section 1.3.2 public works,
exempting certain employees of governmental agencies from the requirements of this ordinance;
amending Sections 1.6.1.1 through 1.6.3.48, removing the specific time requirements for testing
and adding that tests be approved according to Section 2.6 of this Ordinance; further amending
Section 1.6.2.11 striking the exclusion of liquid petroleum gases; further amending Section
1.6.3.25, to add requirements for new applicants for this license; further amending Section
1.6.3.48 to add requirements for new applicants for this license; amending Section 2.5.4.6 adding
missing language at the end of the paragraph; amending Section 2.6 to reflect the recognition of
additional testing agencies; amending Section 2.11.2 addressing the issuance of temporary
licenses; amending Section 4.3.2 eliminating the administrative fee for complainants; amending
Section 4.3.5.1.(t), increasing maximum fines to $10,000.
Agenda Item No. 17G
October 10, 2006
Page 2 of 48
The draft Ordinance was approved unaminously by the Contractors Licensing Board at the
monthly meeting on July 17, 2006.
FISCAL IMPACT: While the Ordinance is amended to increase the maximum fine from
$5,000.00 to $10,000.00, staff does not expect this to significantly affect revenue as the
Contractors' Licensing Board assigns the maximum penalty only in those rare instances when
warranted.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The Ordinance has reviewed and approved the County
Attorney's office.
RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance
amending Ordinance 90-105, as amended, the Collier County Contractors' Licensing Board
Ordinance.
PREPARED BY: Bill Hammond, Director, Building Review and Permitting Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17G
October 10. 2006
Page 3 of 48
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17G
This Item reqUIres that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation that the Board of County Commissioners adopt an
Ordinance amending Collier County Ordinance 90-105, as amended, the CoWer County
Contractors' Licensing Board Ordinance.
10/10/20069:0000 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
1014/20069:15 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/412006 9:23 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/412006 1 :07 PM
Agenda Item No. 17G
October 10, 2006
Page 4 of 48
ORDINANCE NO. 2006-_
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-105, AS
AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD
ORDINANCE; AMENDING SECTION 1.3.1 OWNER-BUILDERS, TO INCREASE THE
MAXIMUM EXPENDITURE LIMIT TO $75,000, TO ALLOW FOR THE REPAIR OR
REPLACEMENT OF CERTAIN ROOF SHINGLES AND TO PROVIDE FOR A
DISCLOSURE STATEMENT; AMENDING SECTION 1.3.2 PUBLIC WORKS,
EXEMPTING CERTAIN EMPLOYEES OF GOVERNMENTAL AGENCIES FROM
THE REQUIREMENTS OF THIS ORDINANCE; AMENDING SECTIONS 1.6.1.1
THROUGH 1.6.3.48, REMOVING THE SPECIFIC TIME REQUIREMENTS FOR
TESTING AND ADDING THAT TESTS BE APPROVED ACCORDING TO SECTION
2.6 OF TIDS RDINANCE; FURTHER AMENDING SECTION 1.6.2.11 STRIKING
THE EXCLUS ON OF LIQUID PETROLEUM GASES; FURTHER AMENDING
SECTION 1.6.3 25, TO ADD REQUIREMENTS FOR NEW APPLICANTS FOR THIS
LICENSE; FU HR AMENDING SECTION 1.6.3.48 TO ADD REQUIREMENTS FOR
NEW APPLIC TS FOR THIS LICENSE; AMENDING SECTION 2.5.4.6 ADDING
MISSING LAN UAGE AT THE END OF THE PARAGRAPH; AMENDING SECTION
2.6 TO REFLECT THE RECOGNITION OF ADDITIONAL TESTING AGENCIES;
AMENDING lCTION 2.11.2 ADDRESSING THE ISSUANCE OF TEMPORARY
LICENSES; A DING SECTION 4.1.8.2, ADDRESSING FINANCIAL HARM CAUSED
BY CONTRA TORS CAUSING CUSTOMERS TO SEEK A VARIANCE OR
ADMINISTRA IVE REMEDY; AMENDING SECTION 4.3.2 ELIMINATING THE
ADMINISTRA~IVE FEE FOR COMPLAINANTS; AMENDING SECTION 4.3.5.1.(f),
INCREASING AXIMUM FINES TO TEN THOUSAND DOLLARS; PROVIDING
FOR CONFLI AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE
CODE OF LArS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE. .
WHEREtS, certain provisions of this Ordinance are being amended at the discretion of
the Board of COTty Commissions upon recommendations from staff, area contractors and the
general public.
I
NOW, l1HEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONfRS OF COLLIER COUNTY, FLORIDA that:
SECTION ONEl ORDINANCE NO. 90-105, AS AMENDED, IS HEREBY AMENDED
AS FOLLOWS:
PART O~E: CERTIFICATES OF COMPETENCY REQUIRED.
I
1.1. Unl~wful to Contract without a Certificate of Competency. It shall be unlawful
for any person, fJrn, partnership, corporation or other legal entity to: engage in any construction
contracting business, advertise or represent himselflherself or a business organization as
available to engage in any construction contracting business, or act in the capacity of a contractor
or subcontractor for any of the trades listed in Section 1.6 of this Ordinance, within the
unincorporated area of Collier County and the incorporated area within the boundaries of the City
of Naples and within the City of Marco Island, without having first made application for and
having been issued a current and valid Collier County/City Certificate of Competency or an
applicable State Certified License. Nothing herein shall be construed to mean that there cannot
be employees in a trade who are not qualified or certified within the definitions herein set forth if
-1-
Words underlined are added; words 6lRisk Ikrellgll are deleted.
Agenda Item No. 17G
October 10, 2 06
Page 5 0 48
such employees are employed by a licensed contractor who exercises supervision and control
over said employees. Indicia of an employment relationship shall include the employer's regular
payment of wages and compensation, FICA deductions, tax withholding and proyision of
Workers' Compensation to the employees, all as prescribed by law,
1.2. Building Permits.
1.2.1. No building permit shall be issued for the construction, alteration, or repair of any
structure unless the applicant for the permit possesses a current Collier County /City Certificate
of Competency, an applicable State Certified License, or is exempt from the operation of this
Ordinance.
1.2.2. It shall be unlawful for any owner-builder to procure a building permit and to use
said permit with the intent to aid or abet an unlicensed contractor to perform the permitted
construction, alteration, or repair. Such conduct shall be punishable as a violation of this
Ordinance and the permit and inspection shall be considered invalid for that portion of the
construction related to the violation.
1.3. Exemptions.
1.3.1. Owner-Builders. The provisions of this Ordinance shall not apply to owners of
property when acting as their own contractor and providing all material. slll3ef\'isiEla tftemsebes,
waea baildiag Elr iFAflre'liag fCH'Hl. em9Yili.iiegs er eRe family er twe family FElsieleeees ar
baileliRg er iffiprevieg eeFflHt8f'eial Bl:IileliFlgs at Ii GOst Flat ta ellileee $25,999, aa SHea praperty for
the eeelll3aney Elr l:Ise Elf sHeh e\'mers aae RElt affereel fer sale ar lease. 1ft all aetieas Bre~
liBaer SeetieR I, I ef this OFdiBil.Bee, praaf af ~ sale ar lease, ar afferiBg fer sale Elr lease, ef a
sH"liemre BY the Elwfter Baileler withiFl 12 meRths after is!)l:Ianee Elf Ii Certifieate ef Oeet!!9afley is
prima fGaie e'liaeae6 t'Rat the eeRstmeaea ',vas l:HUieFtaleeR fer pW'J'leses af sale ar lease. This
saes Flet el[eRiflt any peFSaR ','.<he is eRifllayeEi by saeh aWBer and WRe eets ia tfJ.e eftfJeeity of a
eeRtFaetElr. This eXElFAfltieR dee!) Flet apply te any 1:yfle ef eammereial bttileliag. Ta E1aalify fer
81leRifltiaR liflder ws SHBseetieFl, an ElWBer ffilist perseRally 8fJIle8r and sign the Bl:IildiRg permit
applieaaeR. .A.n a\Wler BHilder will he iSEll:lea a ffi!tlcimWR Elf eRe (l) e'lmer hailaer peRRit for
the eeRsH<1:letieR ef Ii aRe family or twe family helme iR any three (3) yeai" pened. .'\R
ovmer BliilEler ftfJfllyiag far er r6eeiviag mere than eRe BHildieg Permit fer the eeFlslnietieR af a
aRe family ar twa family heme ift 8Ry three (3) year penes shell Be prima fasie 6videftee ef
baiIdiag/eeiHfaetieg withel:lt a lieeftse whish is Ii 'r.ielatieft ef this erdinaBse. direct. onsite
supervision themselves of all work not oerformed by licensed contractors:
(a) When building or improving farm outbuildings or one-familv or two-family
residences on such oroperty for the occupancv or use of such owners and not offered for sale or
lease. or building or improving commercial buildings. at a cost not to exceed $75.000. on such
property for the occupancy or use of such owners and not offered for sale or lease. In an action
2
Words awel, threHgft are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 6 of 48
brought under this part, proof of the sale or lease. or offering for sale or lease. of any such
structure by the owner-builder within I year after completion of same creates a presumption that
the construction was undertaken for purposes of sale or lease.
(b) When repairing or replacing wood shakes or asphalt or fiberglass shingles on one-
family. two-family. or three-family residences for the occupancy or use of such owner or tenant
of the owner and not offered for sale within 1 year after completion of the work and when the
property has been damac:ed by natural causes from an event recognized as an emergency situation
designated by executive order issued by the Governor declaring the existence of a state of
emergency as a result and consequence of a serious threat posed to the public health. safety, and
property in this state.
This subsection does not exemot any person who is employed by or has a contract with such
owner and who acts in the capacity of a contractor. The owner may not delegate the owner's
responsibility to directly supervise all work to any other person unless that person is registered or
certified bv the State or is licensed by Collier County and the work being performed in within the
scope of that person's license. For the purposes of this subsection. the term "owners oforoperty
" includes the owner of a mobile home situated on a leased lot. To Qualify for exemption under
this subsection, an owner must personally appear and sign the building permit application and
must satisfy local permitting. agency requirements. if any, proving that the owner has a comolete
understanding of the owner's obligations under the law as specified in the disclosure statement in
this section. If any person yiolates the requirements of this subsection, the local permitting
agency shall withhold final approval. revoke the permit. or pursue any action or remedv for
unlicensed activity ac:ainst the owner and anv person performing. work that reauires licensure
under the permit issued. The local permitting agency shall provide the person with a disclosure
statement in substantially the following form:
Disclosure Statement
State law requires construction to be done by licensed contractors. You have applied for a permit
under an exemotion to that law. The exemption allows yOU, as the owner of your property. to act
as your own contractor with certain restrictions even thoullh yOU do not have a license. You must
provide direct. onsite supervision of the construction yourself. You may build or improve a one-
family or two-family residence or a farm outbuilding. You may also build or improve a
commercial buildinll. provided your costs do not exceed $75,000. The building or residence
must be for your own use or occutlancy. It may not be built or substantially improved for sale or
3
Words strIIGI~ lk:'-eugil are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 7 of 48
lease. If you sell or lease a buildinl! YOU have built or substantiallv improved yourself within I
year after the construction is complete. the law will presume that YOU built or substantially
improved it for sale or lease. which is a violation of this exemption. You may not hire an
unlicensed person to act as your contractor or to supervise people workinl! on your buildinl!. It is
your respOnsibility to make sure that people employed bv you haye licenses required by the state
law and bv county or municipal licensing ordinances. You may not delegate the responsibility
for supervising work to a licensed contractor who is not licensed to perform the work beinl! done.
Anv person working on your building who is not licensed must work under your direct
supervision and must be employed by YOU. which means that YOU must deduct F.I.C.A. and
withholding tax and provide workers' compensation for that employee. all as Prescribed by law.
Your construction must complv with all applicable laws. ordinances. building codes. and zoning
regulations.
An owner-builder will be issued a maximum of one (1) owner-builder permit for the
construction of a one-family or two-family home in any three (3) year period. An owner-builder
applying for or receiving more than one Building Permit fOf the construction of a one-familv Of
two-familv home in any three (3) year period shall be prima facie evidence of
building/contracting without a license which is a violation of this ordinance.
1.3.2. Public Works. The provisions of this Ordinance shall not apply to: ll:ftY
eoastmetioa, akefatiaB, ifRflra'/elTleBt, ar repair ellffied an withiH the limits af aH)' site the title ta
whish is iH tRe United States ar with Fespeet ta whieh feaeFallaw sl:lflerseaes this Oraiaanee; or
to 1m B:atherized eHtflloyee ef the United States, this State, ElF an-y ffi1:IBieiJ'lality, ealffity, or other
paIiaeal sl:IeaivisioR if the eHtfllayee does Flat hela himself oat fer hire ar etherwise eRgage in
eOR1:Fae~iAg eueept iR aeearaaaee 'NitfJ. his efRpIoYftl:eat. an authorized employee of the United
States. this state. or any municipality. county. irrigation district. reclamation district. or any othef
municipal or political subdiyision. except school boards. state university boards of trustees. and
community college boards of trustees. unless for the purpose of performing routine maintenance
or repair or construction not exceeding $200.000 to existing installations. if the employee does
not hold himself or herself out for hire or otherwise engage in contracting except in accordance
with his or her employment. If the construction. remodeling. or improvement exceeds $200.000.
school boards. state university boards of trustees. and community college boards of trustees shall
not divide the proiect into separate components for the purpose of evading this section.
1.3.3. Persons Holding Current State Certified Certificates of Competency. Any person
holding a current State of Florida Certified Certificate of Competency is exempt from obtaining a
4
Words sH1Isk iliFBligR are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2 06
Page 8 0 48
Collier County/City Certificate of Competency for that trade for which he/she is certified by the
State, unless a local license is also required. Such person is required to possess a current
occupational license issued by the Tax Collector of Collier County, and hisiher performance as a
contractor shall be subject to all other requirements of this Ordinance not in conflict with
applicable Florida law.
1.4. Renewal of Certificates of Competency.
1.4.1. Certificates of Competency shall expire annually at midnight on September 30th
of each year.
1.4.2. The Contractor Licensing Supervisor shall direct the mailing of renewal notices to
all licensed contractors at least one month prior to the expiration date of the licenses.
1.4.3. Applicants for renewal must present the Contractor Licensing Supervisor or
hisiher designee with the following:
A. Evidence of insurance as required by this Ordinance.
B. A current Collier County and/or City occupational license, as applicable.
1.4.4. Any individual or business organization failing to renew his or its Certificate of
Competency prior to midnight on September 30th of each year shall have until midnight
December 31st of the same year to renew his or its Certificate of Competency, provided however,
that in addition to payment of the standard renewal fee as required by this Ordinance, the
applicant shall be charged a late fee in accordance with the schedule of fees and charges adopted
by resolution pursuant to Section 2.1.5 of this Ordinance.
1.4.5. Should September 30th or December 31st be a Saturday, Sunday, or legal holiday,
the renewal period shall not expire until midnight of the next working day,
1.4.6. Any individual failing to renew his Certificate of Competency prior to December
31 st shall be required to make reapplication pursuant to Part Two of this Ordinance.
1.4.7 Any individual who fails to renew hisiher Certificate of Competency prior to
December 31 of the year in which it expires shall have a delinquent Certificate of Competency.
1.4.8 Any individual who renews hisiher Certificate of Competency by September 30 of
the year following its expiration, but after December 31 of that year, shall have a suspended
Certificate and thereby must pay an additional late fee in_accordance with the schedule of fees
and charges adopted by Resolution pursuant to Section 2.1.5 herein, and must reapply inJull
including updated credit reports and all other documentation required in Section 2 herein, but no
re-testing shall be required.
1.4.9. Any individual who fails to renew hisiher Certificate of Competency prior to
December 3 I of the year following its expiration shall thereby automatically have a Certificate of
Competency that is null and void. To acquire a valid Certificate from the County the individual
must pay the then applicable full application fee in accordance with the schedule of fees and
5
Words strHsk tM9ligh are deleted: words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 9 of 48
charges adopted by Resolution pursuant to Section 2.1.5 herein, and must submit an entire new
application. If, as of the date of receipt by the County of said new application, three (3) years
have passed since the date of hislher most recent examination that the individual passed to
acquire the former Certificate, that indiyidual must pass all then applicable testing requirements.
If the request is to reactivate a dormant certificate, the re-testing requirement can be waived by
staff if the applicant proves that he/she has been active in the trade in another jurisdiction, or has
been active as an inspector or investigator in the trade, or for other valid reason that would render
such re-testing superfluous.
1.5. Contractors' Identification Required on all Advertising Mediums,
1.5.1. All contractors licensed under the provisions of this Ordinance shall be required to
firmly affix andlor to display the qualifier's Certificate of Competency Number and the "Doing
Business As" Name on all adyertising mediums used by the contractor, including but not limited
to, contracts, brochures, business cards and vehicles used in their trade or business. The
minimum height of each number or letter affixed to and displayed on vehicles shall be two (2)
inches.
1.6. Definitions and Contractor Qualifications.
1.6.1. Contractor means the person who is qualified for and responsible for the entire
project contracted for and, except for those herein exempted, the person who, for compensation,
undertakes to, or submits a bid to, or does himself or by others, any or all of the following
construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or
structure, including related improvements to real estate, for others, or for resale to others, as
hereinafter defIDed in Sections 1.6.1 through 1.6.3 of this Ordinance.
1.6.1.1. General Contractor requires forty-eight (48) months experience with a passing
grade on a sin (€i) hour an approved test and a twe (2) aal:H" business and law test and means a
contractor whose services are unlimited as to the type of work which he/she may do, except as
provided in this Ordinance or in the Florida Statutes.
NOTE: Also see Sect. 1.6.2.
1.6.1.2. Building Contractor requires forty-eight (48) months experience with a passing
grade on a she (6) Ral:H" an approved test and a two (2) haur business and law test and means a
contractor whose services are limited to construction of commercial buildings and
single-dwelling or multiple-dwelling residential buildings, which commercial or residential
buildings do not exceed three stories in height, and accessory use structures in connection
therewith or a contractor whose services are limited to remodeling, repair, or improvement of any
size building if the services do not affect the structural members of the building. NOTE: Also
see Sect. 1.6.2.
6
Words stFuek tkreugll are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2 06
Page 100 48
1.6.1.3. Residential Contractor requires forty-eight (48) months experience with a
passing grade on a six (6) RG1:l1 an approved test and a tWB (2) REl1:l1 business and law test and
means a contractor whose services are limited to construction, remodeling, repair, or
improvement of one-family, two-family, or three-family residences not exceeding two stories in
height and accessory use structures in connection therewith.
NOTE: Also see Sect. 1.6.2.
1.6.1.4. Contractor qualifications for practice and restrictions. A general, building, or
residential contractor shall not be required to subcontract the installation, or repair made under
wananty, of wood shingles, wood shakes, asphalt or fiberglass shingle roofing materials on a
new building of his own construction. Further, a general contractor on new site development
work, site redevelopment work, mobile home parks, and commercial properties, shall not be
required to subcontract the construction of the main sanitary sewer collection system, the storm
water collection system, and the water distribution system, not including the continuation of
utility lines from the mains to the buildings. Further, as to mobile home parks, the general
contractor shall not be required to subcontract the continuation of utility lines from the mains,
and the continuations are to be considered a part of the main sewer collection and main water
distribution systems. However, no general, building or residential contractor state certified after
1973, shall act as, hold himself/herself out to be, or advertise himself/herself to be a roofing
contractor unless he/she is certified or registered as a roofing contractor.
1.6.1.5. A general, building, or residential contractor, except as otherwise provided in
this part, shall be responsible for any construction or alteration of a structural component of a
building or structure, and any certified general contractor or certified underground utility and
excavation contractor may perform clearing and grubbing, grading, excavation, and other site
work for any construction project in the state. Any certified building contractor or certified
residential contractor may perform clearing and grubbing, grading, excavation, and other site
work for any construction project in this state, limited to the lot on which any specific building is
located.
1.6.1.6. A general contractor shall not be required to subcontract structural swimming
pool work.
1.6.2. Subcontracting; Subcontractors. A contractor shall subcontract the electrical,
mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for
which a local examination for a Certificate of Competency or a license is required, unless such
contractor holds a Certificate of Competency or license of the respective trade category, as
required by the appropriate local authority.
1.6.2.1. Sheet Metal Contractor requires twenty-four (24) months experience and a
passing grade on a Wee (3) hour an approved test and a passing grade on a twe (2) hSI:lf business
7
Words sk'1iGll threHgil are deleted; words underlined are added.
--~
Agenda Item No. 17G
October 10, 2006
Page 11 of 48
and law test and means any person whose services are unlimited in the sheet metal trade and who
has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling,
handling, erection, installation, dismantling, conditioning, adjustment, insulation, alteration,
repair, servicing, or design, when not prohibited by law, of ferrous or nonferrous metal work of
U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, but not
limited to, fiberglass, used in lieu thereof and of air-handling systems including the setting of
air-handling equipment and reinforcement of same and including the balancing of air-handling
systems and any duct cleaning and equipment sanitizing which requires at least a partial
disassembly of the system. This definition and qualifications does not include roofing.
Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor
penetrations created within the scope of the work allowed by this section.
1.6.2.2. Roofing Contractor requires thirty-six (36) months experience, a passing grade
on a tbree (3) Baw an aporoved test and a passing grade on a tV/a (2) Bear business and law test
and means any person whose services are unlimited in the roofing trade and who has the
experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not
prohibited by law, and use materials and items used in the installation, maintenance, extension,
and alteration of all kinds of roofmg and roof waterproofing and coating, except when coating is
not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof.
1.6.2.3. Mechanical Contractor requires forty-eight (48) months experience as a licensed
Journeyman or equivalent, a passing grade on a silL (9) hew an aooroved test and a passing grade
on a 1'>'..8 (2) BaHF business and law test and means any person whose services are unlimited in the
execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair,
fabricate, alter, extend, or design, when not prohibited by law, central air conditioning,
refrigeration, heating, and ventilating systems, including duct work in connection with a
complete system only to the extent such duct work is performed by the contractor as is necessary
to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift
station equipment and piping, and all appurtenances, apparatus, or equipment used in connection
therewith; and any duct cleaning and equipment sanitizing which requires at least a partial
disassembly of the system; and to install, maintain, repair, fabricate, alter, extend, or design,
when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process
piping, pneumatic control piping, gasoline tanks and pump installations and piping for same,
standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical
lines, fuel transmission lines, and natural gas fuel lines within buildings; to disconnect or
reconnect power and low voltage heating, ventilating, and air conditioning control wiring on the
load side of an existing electrical disconnect switch; and to install a condensate drain from an air
conditioning unit to an existing safe waste or other approyed disposal other than a direct
8
Words sa:u~k tbrellgil are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 12 of 48
connection to a sanitary system. The scope of work for such contractor shall also include any
excavation work incidental thereto, but shall not include any work such as liquefied petroleum
gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines,
swimming pool piping and filters, or electrical power wiring. Placement of fife safmg and fire
stopping materials shall be permitted on wall, ceiling and floor penetrations created within the
scope of the work allowed by this section.
1.6.2.4. Class A Air Conditioning Contractor requires thirty-six (36) months experience
as a licensed Journeyman or equiYalent with a passing grade on a sin (a) Belir an approved test
and a passing grade on a 1\'10 (2) ROl:H" business and law test and means any person whose services
are unlimited in the execution of contracts requiring the experience, knowledge, and skill to
install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air
conditioning, refrigeration, heating, and ventilating systems, including duct work in connection
with a complete system only to the extent such duct work is performed by the contractor as is
necessary to make complete an air distribution system, boiler and unfired pressure vessel systems
and all appurtenances, apparatus, or equipment used in connection therewith; and any duct
cleaning and equipment sanitizing which requires at least a partial disassembly of the system; to
install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping,
insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic control piping;
to disconnect or reconnect power wiring and low voltage heating, ventilating, and air
conditioning control wiring on the load side of an existing electrical disconnect switch; and to
install a condensate drain from an air conditioning unit to an existing safe waste or other
approved disposal other than a direct connection to a sanitary system. The scope of work for
such contractor shall also include any excavation work incidental thereto, but shall not include
any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water
lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical
power wiring on the line side of the disconnect switch. Placement of fire safmg and fire stopping
materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the
work allowed by this section.
1.6.2.5. Class B Air Conditioning Contractor requires thirty-six (36) months experience
as a licensed Journeyman or equivalent with a passing grade on a Sill (a) BEll:H" an approved test
and a passing grade on a Plie (2) R0lir business and law test and means any person whose services
are limited to twenty-five (25) tons of cooling and five hundred thousand (500,000) BTU of
heating in anyone system in the execution of contracts requiring the experience, knowledge, and
skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law,
central air conditioning, refrigeration, heating, and ventilating systems, including duct work in
connection with a complete system only to the extent such duct work is performed by the
9
Words Sff\lGk threHgIl are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 13 of 48
contractor as is necessary to make complete an air distribution system being installed under this
classification; and any duct cleaning and equipment sanitizing which requires at least a partial
disassembly of the system; to install, maintain, repair, fabricate, alter, extend, or design, when
not prohibited by law, piping and insulation of pipes, vessels, and ducts; to disconnect or
reconnect power wiring and low yoltage heating, ventilating, and air conditioning control wiring
on the load side of an existing electrical disconnect switch; and to install a condensate clrain from
an air conditioning unit to an existing safe waste or other approved disposal other than a direct
connection to a sanitary system. The scope of work for such contractor shall also include any
excavation work incidental thereto, but shall not include any work such as liquefied petroleum or
natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer
lines, swimming pool piping and filters, or electrical power wiring on the line side of the
disconnect switch. Placement of fire sating and fire stopping materials shall be permitted on
wall, ceiling and floor penetrations created within the scope of the work allowed by this section.
1.6.2.6. Class C Air Conditioning Contractor requires twenty-four (24) months
experience as a licensed Journeyman or equivalent with a passing grade on a sin (6) hear l!!!
approved test and a passing grade on a P\'18 (2) ROW" business and law test and means any person
whose business is limited to the servicing of air conditioning, heating, or refrigeration systems,
including duct alterations in connection with those systems he/she is servicing, which may
include duct cleaning and equipment sanitizing which requires at least a partial disassembly of
the system. Placement of fire safing and fire stopping materials shall be permitted on wall,
ceiling and floor penetrations created within the scope of the work allowed by this section.
1.6.2.6.1. Journeyman Air Conditioning License Holder requires four (4) years as
apprentice, a passing grade on a six (6) aalH' an approved test, and means those qualified to
perform work in the Air Conditioning Trade while employed or supervised by an air conditioning
or mechanical contractor. This provision does not apply to any individual who then holds a valid,
active journeyman's license in the mechanical trade and that license was issued by any Florida
County or Florida Municipality when that licensee complied with all reciprocity criteria of
Section 489.1455, Florida Statutes.
1.6.2.7. Commercial Pool/Spa Contractor requires thirty-six (36) months experience with
a passing grade on a three (3) RalH' an approved test and a passing grade on a P\Y8 (2) haW"
business and law test and means a contractor whose scope of work involves, but is not limited
to, the construction, repair, and servicing of any swimming pool, or hot tub or spa, whether
public, private, or otherwise, regardless of use. The scope of work includes the installation,
repair, or replacement of existing equipment, any cleaning or equipment sanitizing which
requires at least a partial disassembling, excluding filter changes, and the installation of new
pool/spa equipment, interior finishes, the installation of package pool heaters, the installation of
10
Words stnlsk thFoligk are deleted; words underlined are added,
Agenda Item NO.1 G
October 10, 2 06
Page 14 0 48
all perimeter piping and filter piping, and the construction of equipment rooms or housing for
pooVspa equipment, and also includes the scope of work of a swimming pooVspa servicing
contractor. The scope of such work does not include direct connections to a sanitary sewer
system or to potable water lines. The installation, construction, modification, or replacement of
equipment permanently attached to and associated with the pool or spa for the purpose of water
treatment or cleaning of the pool or spa requires licensure; however, the usage of such
equipment for the purposes of water treatment or cleaning shall not require licensure unless the
usage involves construction, modification, or replacement of such equipment. Water treatment
that does not require such equipment does not require a license, In addition, a license shall not
be required for the cleaning of the pool or spa in any way that does not affect the structural
integrity of the pool or spa or its associated equipment.
1.6.2.8. Residential PooVSpa Contractor requires twenty-four (24) months experience
with a passing grade on a three (3) hoar an approved test and a passing grade on a fwe (2) hel:H"
business and law test and means a contractor whose scope of work involves, but is not limited to,
the construction, repair, and servicing of any residential swimming pool, or hot tub or spa,
regardless of use. The scope of work includes the installation, repair, or replacement of existing
equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling,
excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the
installation of package pool heaters, the installation of all perimeter piping and filter piping, and
the construction of equipment rooms or housing for pool/spa equipment, and also includes the
scope of work of a swimming pool/spa servicing contractor. The scope of such work does not
include direct connections to a sanitary sewer system or to potable water lines. The installation,
construction, modification, or replacement of equipment permanently attached to and associated
with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires
licensure; howeyer, the usage of such equipment for the purposes of water treatment or cleaning
shall not require licensure unless the usage involves construction, modification, or replacement
of such equipment. Water treatment that does not require such equipment does not require a
license. In addition, a license shall not be required for the cleaning of the pool or spa in any way
that does not affect the structural integrity of the pool or spa or its associated equipment.
1.6.2.8.1. Non-Recreational Pond Waterfall Fountain Contractor requires twenty-four
(24) months experience with a passing grade on a two (2) hOl:H" business and law test and means
any person whose scope of work is limited to the construction of non-recreational ponds,
waterfalls and/or fountains. However, the scope of such work does not include direct
connections to a sanitary sewer system, potable water lines, or to any electrical installation.
1.6.2.9. Swimming PooVSpa Servicing/Repair Contractor requires 24 months experience
with a passing grade on a three (3) ael:H" an approved test and a passing grade on a two (2) a.Ol:H"
11
Words 6trusk threugil are deleted; words underlined are added.
Agenda Item No. 17G
October 10. 2006
Page 15 of 48
business and law test and means a contractor whose scope of work involves, but is not limited to,
the repair and servicing of any swimming pool, or hot tub or spa, whether public or private, or
otherwise, regardless of use. The scope of work includes the repair or replacement of existing
equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling,
excluding filter changes, and the installation of new pool/spa equipment, interior refinishing, the
reinstallation or addition of pool heaters, the repair or replacement of all perimeter piping and
filter piping, the repair of equipment rooms or housing for pool/spa equipment, and the
substantial or complete draining of a swimming pool, or hot tub or spa, for the purpose of any
repair or renovation. The scope of such work does not include direct connections to a sanitary
sewer system or to potable water lines. The installation, construction, modification, substantial
or complete disassembly, or replacement of equipment permanently attached to and associated
with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires
licensure; however, the usage of such equipment for the purposes of water treatment or cleaning
shall not require licensure unless the usage involyes construction, modification, substantial or
complete disassembly, or replacement of such equipment. Water treatment that does not require
such equipment does not require a license. In addition, a license shall not be required for the
cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or
spa or its associated equipment.
1.6.2.9.1. Swimming PooVSpa Servicing Contractor requires twenty-four (24) months
experience with a passing grade on a tv/a (2) aol:H' business and law test and means any person
whose scope of work includes servicing or water treatment of any public or private swimming
pool, hot tub or spa, and, subject to Section 487.0437, Florida Statutes, may include direct
infusion of cWorine gas. These contractors may disassemble equipment permanently attached to
or associated with the respective pool or spa for the purpose of water treatment or cleaning the
pool or spa.
1.6.2.10. Journeyman Plumber License Holder requires (4) years as apprentice, a passing
grade on a SilL (6) aOl:lf an approved test, and means those qualified to perform work in the
plumbing trades while employed or supervised by a plumbing contractor. This provision does
not apply to any individual who then holds a valid, active joumeyman's license in the plumbing
trade and that license was issued by any Florida County or Florida Municipality when that
licensee complied with all reciprocity criteria of Section 489. I 455, Florida Statutes.
1.6.2.11. Plumbing Contractor requires twenty-four (24) months experience as a licensed
Journeyman or equivalent with a passing grade on a sile (6) nOl:lf an approved test and a passing
grade on a twe (2) ael:H' business and law test and means any person whose contracting business
consists of the execution of contracts requiring the experience, fmanciaI means, knowledge, and
skill to install, maintain, repair, alter, extend, or when not prohibited by law, design plumbing. A
12
Words ~ak tilre\lgll are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 16 of 48
plumbing contractor may install, maintain. repair, alter, extend, or, when not prohibited by law,
design the following without obtaining any additional local regulatory license, certificate, or
registration: sanitary drainage or storm drainage facilities; venting systems; public or private
water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation
systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in
connection therewith, including boilers and pressure process piping and including the installation
of water, natural gas (EmeIlidillg liElwd petfeleWR gases), and storm and sanitary sewer lines; and
water and sewer plants and substations. The scope of work of the plumbing contractor also
includes the design, when not prohibited by law, and installation, maintenance, repair, alteration,
or extensions of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all
related medical gas systems; fire line standpipes and fue sprinklers to the extent authorized by
applicable law; ink and chemical lines; fuel oil and gasoline piping, except bulk storage plants;
and pneumatic control piping systems, all in such a manner as to comply with all plans,
specifications, codes, laws, and regulations applicable. The scope of work of the plumbing
contractor shall apply to private property and public property, shall include any excavation work
incidental thereto, and shall include the work of the specialty plumbing contractor. Such
contractor shall subcontract, with a qualified contractor in the field concerned, all other work
incidental to the work but which is specified herein as being the work of a trade other than that of
a plumbing contractor. _Placement of fue safing and fire stopping materials shall be permitted on
wall, ceiling and floor penetrations created within the scope of the work allowed by this section.
1.6.2.11.1. Journeyman Electrician requires four (4) years as an apprentice, a passing
grade on a Sill (6) hear an approved test, and means those persons qualified to perform work in
the electrical trades while employed or supervised by an electrical contractor. This provision
does not apply to any individual who then holds a valid, active journeyman's license in the
electrical trade and that license was issued by any Florida County or Florida Municipality when
that licensee complied with all reciprocity criteria of Section 489.5335, Florida Statutes.
1.6.2.12. Electrical Contractor requires twenty-four (24) months experience as a licensed
Journeyman or equivalent with a passing grade on a Sill (6) 1l0l:H" an aooroved test and a passing
grade on a tvle (2) Hem business and law test and means a person who conducts business in the
electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add
to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways
(including alarm system raceways if the contractor is then registered with the State), conduit, or
any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form,
including the electrical installations and systems within plants and substations, all in compliance
with applicable plans, specifications, codes, laws, and regulations. The term means any person,
firm, or corporation that engages in the business of electrical contracting under an express or
13
Words sH'liak welolga are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 17 of 48
implied contract; or that undertakes, offers to undertake, purports to have the capacity to
undertake, or submits a bid to engage in the business of electrical contracting; or that does itself
or by or through others engage in the business of electrical contracting. The term electrical
contractor does not qualify any person, fIrm or corporation for the installation of fire alanns
which requires a separate state license. Placement of fire safIng and fIre stopping materials
shall be permitted on wall, ceiling and floor penetrations created within the scope of the work
allowed by this section.
1.6.3. Specialty Contractor means any person who assumes responsible charge and
direction in the performance of construction work requiring special skills, and whose principle
contracting business involves the use of specialized building trades and crafts usually a minor
part of a complete structure. AyailabIe categories of Specialty Contractors and their
requirements are:
1.6.3.1. Acoustical Contractor requires twenty-four (24) months experience with a
passing grade on a twa (2) aal:H" business and law test and means any person who is qualifIed to
install, maintain, repair, and alter acoustical materials. The scope of work permitted under this
classifIcation shall include, but not be limited to, the installation of grid work used to support
acoustical panels, including luminous ceiling panels.
1.6.3.2. Aluminum Contractor Including Concrete requires twenty-four (24) months
experience with a passing grade on a three (3) aEll:H" an approved test and a passing grade on a Wre
(2) RElI:H" business and law test and means those who are qualifIed to fabricate, install, maintain,
repair, alter, or extend accessories such as metal and yinyl siding, awnings, security shutters,
gutters, soffits and prefabricated rooms and portable metal or vinyl partitions. These contractors
may form, place on grade reinforcing steel and miscellaneous steel, and pour, place, and fInish
non-structural concrete on grade only, incidental to an aluminum accessory structure and or
screen enclosures.
1.6.3.3. Aluminum Contractor requires twenty-four (24) months experience with a
passing grade on a three (3) RaW' an approyed test and a passing grade on a tV/a (2) Rel:H" business
and law test and means those who are qualifIed to fabricate, install, maintain, repair, alter, or
extend accessories such as metal and vinyl siding, awnings, security shutters, gutters, soffits and
prefabricated rooms, screen enclosures, and portable metal or vinyl partitions.
1.6.3.4. Alann System Contractor requires twenty-four (24) months experience with a
passing grade on a three (3) ROI:H" an approved test and a passing grade on a twa (2) ROI:H" business
and law test and means a person whose business includes the execution of contracts requiring the
ability, experience, science, knowledge, and skill to layout, fabricate, install, maintain, alter,
repair, monitor, inspect, replace, or service alann systems for compensation.
14
Words SHuok tbrellgll are deleted; words underlined are added.
Agenda Item No. 17G
October 10. 2006
Page 18 of 48
a. Alarm System Contractor I means an alarm system contractor whose business
includes all types of alarm systems for all purposes.
b. Alarm System Contractor II means an alarm system contractor whose business
includes all types of alarm systems other than fire, for all purposes.
c. Alarm System means any electrical device, signaling device, or combination
of electrical deyices used to signal or detect a burglary, fire, robbery, or medical emergency,
d. Burglar Alarm Contractor means an alarm system contractor whose business is
limited to the installation of burglar alarms in single-family homes and two-family homes,
mobile homes, and small commercial buildings having a square footage of not more than 5,000
square feet.
1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months experience with
passing grade on a tv..e (2) ael:H" business and law test and means any person who is qualified to
manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and
millwork. The scope of permitted work shall include, but not be limited to kitchen cabinets,
bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items which
have been manufactured for installation on job site locations.
1.6.3.6. Carpentry Contractor requires thirty-six (36) months experience with a passing
grade on a three (3) Rel:H" an approved test and a passing grade on a tv/o (2) Rel:H" business and law
test and means those who have the knowledge and skill to install any wood and metal products
including, but not limited to, rough framing, wood structural wood and metal non-structura1
trusses, sheathing, paneling, trim, metal framing, and cabinetry. Placement of fire safing and fire
stopping materials shall be permitted on wall, ceiling and floor penetrations created within the
scope of the work allowed by this section.
1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience
with a passing grade on a two (2) aOl:H" business and law test and means any person who is
qualified to install, repair, adjust or extend garage doors.
1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor means
any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a
Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install exhaust
hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be
installed includes a fire suppression system, the contractor shall be certified by the Florida State
Fire Marshal's office.
1.6.3.9. Concrete Forming and Placing Contractor requires thirty-six (36) months
experience with a passing grade on a three (3) hel:H" an approved test and a passing grade on a tw&
n
(2) hOl:H" business and law test and means those who are qualified to batch and mix aggregates,
cement, and water to agreed specifications, to construct forms and framework for the casting and
15
W orels slrnek tb:-BHglI are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 19 of 48
shaping of concrete to place miscellaneous embedded steel and to pour, place, and fInish
concrete. This category does not include the plastering of the interior of a pool.
1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) months
experience with a passing grade on a three (3) Rear an approved test and a passing grade on a Pn<&
(2) Roar business and law test and means those who are qualified to pour place and fInish
concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh
reinforcement, plastic vapor barriers and edge forms incidental thereto. This category does not
include the plastering of the interior ofa pool.
1.6.3.11. Concrete Contractor (restricted to pneumatically placed concrete) requires
twenty-four (24) months experience with a passing grade on a thFee (3) ROur an approved test and
a passing grade on a twa (2) Raar business and law test and means those who are qualified to use
and maintain pressure equipment, mix material and apply according to building codes.
1.6.3.12. Decorative Metal Contractor requires twenty-four (24) months experience with
a passing grade on a twe (2) Ral:H" business and law test and means those who are qualified to
fabricate and install decorative metal fIxtures; such work should be decorative in nature and
non-structural in function; the materials used in the manufacturing and installation of said
products may be of ferrous or non-ferrous materials.
1.6.3.13. Demolition or Wrecking Contractor requires thirty-six (36) months experience
with a passing grade on a tfJ.ree (3) Raur an approved test and a passing grade on a n'le (2) aElur
business and law test and means those who are qualified to demolish structures such as
dwellings, commercial buildings, and foundations and to remove debris. The use of blasting and
explosives is not permitted under this category.
1.6.3.14. Dredging Contractor requires thirty-six (36) months experience with a passing
grade on a Wee (3) hoW' an approved test and a passing grade on a tWEl (2) RO\:lf business and law
test and means any person who is qualified to operate hydraulic dredging equipment which digs
and removes material by pump and which deposits the pumped material at a fill location in one
operation.
1.6.3.15. Drywall Contractor requires thirty-six (36) months experience with a passing
grade on a tAfee (3) ael:H" an approved test and a passing grade on a two (2) hear business and law
test and means those who are qualifIed to install gypsum drywall products to wood and metal
studs, wood and steel joists, and metal runners in buildings of unlimited area and height. The
scope of work shall include the preparation of the surface over which the drywall product is to be
applied, including the placing of metal studs and runners and all necessary drywall preparation
trim and shall include the placement of fIre safing and fire stopping materials as part of the
overall drywall contract.
16
Words slRIek ~eagll are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2 06
Page 20 of 48
1.6.3.16. Hurricane Shutter/Awning Contractor requires twenty-four (24) months
experience with a passing grade on a eRe (1) ROtH' an approyed hurricane shutter installer test and
a passing grade on a p.'.'e (2) BOtH' business and law test, and means, those who are qualified to
install, maintain, repair or replace shutters and awnings that are designed to protect residential
and commercial buildings from hurricane and storm force winds and windborne debris all in
accordance with Collier County amendments to the Applicable Building Code, as amended from
time to time. Any electrical work connected with the installation of the shutters or awnings must
be done by a licensed electrical contractor. Only nonstructural adjustments to existing openings
may be performed as part of the work. Contractors who hold current Collier County Aluminum
Contractor Including Concrete or Aluminum license on the effective date of this amendment are
not required to pass this test, but must apply for this Certificate not later than one (I) year from
the effective date of this amendment.
1.6.3.17. Epoxy Stone Contractor requires twenty-four (24) months experience with a
passing grade on a twe (2) RaW" business and law test and means those who are qualified to batch
and mix aggregates, epoxy, hardener, and gravel to specifications or to construct forms and
framework for the casting and shaping of epoxy and aggregate, or to pour, place and finish over
concrete base.
1.6.3.18. Excavation Contractor requires thirty-six (36) months experience and a passing
grade on a three (3) Ral:H" an approved test and a passing grade on a twe (2) lieuT business and law
test and means any person who is qualified to excayate to obtain or remove materials such as
rock, gravel and sand; to construct or excavate canals, lakes and levees, including the cleaning of
land of surface debris and vegetation as well as the grubbing of roots; and to remove debris and
level surface land incidental and necessary thereto in compliance with all environmental laws, the
Building Code, and other applicable codes and regulations. Minor excavations, such as footings,
backfill without compaction, and similar activities are exempt hereunder.
NOTE: The use of explosives is not included in this category.
1.6.3.19. Fence Erection Contractor requires twenty-four (24) months experience and a
passing grade on a tWEl (2) RetH' business and law test and means any person who is qualified to
install, maintain or repair fencing or decorative prefabricated walls on grade.
1.6.3.20. Floor Coverings Installation Contractor requires twenty-four (24) months
experience installing the specific product and a passing grade on 8 t".'e (2) .e.eur an approved
business and law test and means any person who is qualified to install carpet, sheet vinyl andLor
all types of wood flooring. This category does not include, tile, marble, or terrazzo.
1.6.3.21. Gasoline Tank and Pump Contractor requires forty-eight (48) months
experience and a passing grade on a tMee (3) BetH' an approved test and a passing grade on a {we
(2) aetH' business and law test and means those who are qualified to install, maintain, repair,
17
Words 5H'UGk threllg6 are deleted; words underlined are added.
i
Agenda Item No, 117G
October 10, 2006
Page 21 of 48
alter, or extend any above ground system used for the storing and dispensing of gasoline,
kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not to include pollutant
storage).
1.6.3.22. Glass and Glazing Contractor requires twenty-four (24) months experience, a
passing grade on a three (3) ael:H" an approved test and a passing grade on a t\':e (2) hear business
and law test., and means those who are qualified to select, cut., assemble, and install all makes and
kinds of glass and glass work, and execute the glazing frames, panels, sash and door and holding
metal frames, ornamental decorations, mirrors, tub, shower enclosures, and portable partitions.
The scope of work shall include the installation of hurricane shutters or devices that are integral
with the window system.
1.6.3.23. Insulation Contractor.
a. All types except buildings - requires thirty-six (36) months experience, a
passing grade on a three (3) OOtH" an aporoved test and a passing grade on a t'lle (2) heer business
and law test, and means those who are qualified to install, maintain, repair, alter, or extend any
insulation primarily installed to prevent loss or gain of heat, from internal or external sources on
pipes, vessels, ducts, fire stopping materials, sprayed-on fire resistive materials, or built-up
refrigerated boxes or rooms, and acoustical materials.
b. Buildings - requires twenty-four (24) months experience, a passing grade
on a three (3) hetH' an approved test and a t\,'EI (2) Rel:H" business and law test, and means those
who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to
prevent loss or gain of heat from rooms or buildings.
1.6.3.24.lrrigation Sprinkler Contractor requires twenty-four (24) months experience and
a passing grade on a three (3) hoar an approyed test and a passing grade on a t\ve (2) hear
business and law test and means any person who is qualified to install, maintain, repair, alter or
extend all piping and sprinkler heads used for irrigation, including any required connections to a
water pump; however, such work does not include direct connection to potable water lines.
1.6.3.25. Landscaping Contractor requires twelye (12) months experience and a passing
grade on a twe (2) RetH" business and law test and means any person who is qualified to install
and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, and
concrete paving units for sidewalks, patios and decks only, whether or not incidental to
landscaping, prepackaged fountains, or waterfalls, provided same does not include connection to
a sanitary sewer system, potable water line, or to any electrical installation, which tasks must be
performed by tradesmen licensed in the relevant trade. Landscape Contractors may contract for
only removal and/or trimming of trees and/or any other combination of the authorized services.
All new applicants applying for landscapinlZ license are required to obtain a passing grade
on an aoproved exam pertaining to pruninl! and safetv. in addition to the business and law exam.
18
Words s~el, threwgh are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 22 of 48
1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person qualified and
licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping and tubing, and
appliances and equipment necessary for storing and converting liquefied petroleum gas into
flame for light, heat, and power. Placement of fire sating and fire stopping materials shall be
permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by
this section.
1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty-six (36)
months experience, a passing grade on a three (3) aelir an approved test and a passing grade on a
t\ve (2) hem business and law test, and means those who are qualified to build and install
bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and dayits, and to do pile
driving. Electrical service and wiring must be provided by a licensed electrical contractor.
1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, a passing grade
on a three (3) ROl:H" an approved test and a passing grade on a two (2) Rem business and law test
and means those who are qualified to select, cut, and lay brick and concrete block or any other
unit masonry products, lay other baked clay products, rough cut and dress stone, artificial stone
and precast blocks, glass brick or block, but who shall not pour or finish concrete.
1.6.3.29. Paving Blocks Contractor. Requires twenty-four (24) months experience in the
respective construction plus a passing grade on a three (3) Rem- an approved test and a passing
grade on a two (2) hel:H" business and law test, and means those persons who are qualified to
construct driveways, sidewalks, patios and decks, using concrete paving units.
1.6.3.30. Painting Contractor requires twenty-four (24) months experience, a passing
grade on a three (3) ROm- an approved test and a passing grade on a t.,,,o (2) Rel:lf business and law
test and means those who are qualified to use spraying equipment as well as hand tools to finish
both exterior and interior work. A painting contractor may do paperhanging, sandblasting,
waterproofing, and may clean and paint roofs.
1.6.3.31. Paving Contractor (commercial or unlimited) requires thirty-six (36) months
experience, a passing grade on a three (3) hom an approved test and a passing grade on a ~
helH' business and law test, and means those who are qualified with the experience and skill to
construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm
drainage facilities, and to perform the excavating, clearing, and grading incidental thereto.
1.6.3.32. Plastering and Stucco Contractor requires thirty-six (36) months experience, a
passing grade on a tMl!e (3) hel:H" an approved test and a passing grade on a two (2) hal:H" business
and law test, and means those who are qualified to coat surfaces, including lathing and drywall,
with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and
water, or any combination of such materials such as to create a pennanent surface coating. This
category does not include the plastering of the interior of a pool.
19
Words stRJek WeHgR are deleted; words underlined are added.
Agenda Item No. 1~G
October 10, 2 06
Page 23 of48
1.6.3.33. Pollutant Storage Contractor means a contractor who installs a pollutant storage
tank. Said contractor must have a State Pollutant Storage License. A County Certificate of
Competency is not available for this category.
1.6.3.34. Reinforced Steel Contractor requires thirty-six (36) months experience, a
passing grade on a three (3) Relir an approved test and a passing grade on a nve (2) hear business
and law test, and means those who are qualified to fabricate, place, and tie steel reinforcing bars
(rods) of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete
buildings and structures in such a manner that, under all agreed specifications, steel reinforcing
bars (rods) for concrete buildings and structures can be fabricated, placed, and tied.
1.6.3.35. Roof Coating, Roof Painting, and Roof Cleaning Contractor requires
twenty-four (24) months experience, a passing grade on a tV/e (2) hol:H' business and law test, and
means any person who is qualified to clean, paint or coat a roof by means of pressure-operated
equipment, hand application or otherwise. This category does not include roof repair.
1.6.3.36. Sandblasting Contractor requires twenty-four (24) months experience, a passing
grade on a n\'El (2) ael:H" business and law test, and means any person who is qualified to operate a
sandblasting machine.
1.6.3.37. Satellite Dish Installation Contractor requires twenty-four (24) months
experience, a passing grade on a t\ve (2) hear business and law test and means any person who is
qualified to erect, install, maintain, repair, alter or design, where not prohibited by law, any
satellite dish provided all work is performed in accordance with applicable Collier County or
City Ordinances. If installation includes a concrete base, the base shall be limited in size to two
cubic yards of concrete.
1.6.3.38. Sealing and Striping Contractor requires twenty-four (24) months experience, a
passing grade on a two (2) hel:H' business and law test, and means those who are qualified with
the experience and skill to seal or stripe driveways, parking lots, sidewalks, and patios. The
scope of work shall include asphalt patching incidental to sealing up to twenty (20) square feet
per patch in a manner that does not use a mechanical spreader or paver.
1.6.3.39. Exterior Coyering by Artificial Stucco System Contractor. Applicable to
exterior insulation and finish systems (EIFS), exterior one coat stucco systems, and exterior dry
stock block wall systems whenever the specific system requires its own certification (approval)
of the installer. EIFS includes, but is not limited to, the following registered
trademarks/tradenames: SUREWALL, DRYVIT, PAREX EIFS, Vitricon energix, Senergy
systems, TEC Ful-O-Mite systems, Pleko systems, Thoro's EIFS systems, and USG EIFS. The
applicant must prove then current approval from an authorized representative of the specific
system and must have a passing grade on a p-ve (2) hear business and law exam.
20
Words stnlek tllraygk are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 24 of 48
1.6.3.40. Non-Electrical Sign Contractor requires twenty-four (24) months experience, a
passing grade on a twe (2) BBl:H" business and law test, and means any person who is qualified to
erect, install, repair, alter, extend or change any non-electrical sign, proYided all work is
performed in accordance with applicable Collier County and City ordinances. This category does
not include the construction of free-standing structural signs.
1.6.3.41. Electrical Sign Contractor requires twenty-four (24) months experience, a
passing grade on a tbree (3) Bel:H" an approved test and a passing grade on a {we (2) fteHf business
and law test, and means any person who is qualified to install, repair, alter, manufacture, add to,
or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs
and is qualified to erect signs. Such contractor may contract for, and take out building permits
for the erection of signs. The electrical service and wiring from the electrical service to the sign
disconnect must be supplied by a licensed electrical contractor.
1.6.3.42. Solar Heater Installation Contractor requires twenty-four (24) months
experience, a passing grade on a three (3) BeHf an approved test and a passing grade on a ~
~ business and law test, and means those who have the knowledge to install, alter, repair, or
replace any solar hot water heating system for residences or for residential swimming pools,
including collectors, storage and expansion tanks, heat exchangers, piping, yalves, pumps,
sensors and low voltage controls which connect to existing plumbing stub-outs and electrical
disconnects.
1.6.3.43. Structural Steel Erection Contractor requires thirty-six (36) months experience,
a passing grade on a tMee (3) hour an approved test and a passing grade on a {we (2) Belii'
business and law test, and means those who are qualified to erect structural steel shapes and
plates, including such minor field fabrication as may be necessary, of any profile, perimeter or
cross-section, that are or may be used as structural members for buildings and structures, and the
erection of communication towers, including riveting, welding and rigging, only in connection
therewith.
1.6.3.44. Structure Moving Contractor means persons who are required to be general,
building or residential contractors, and who are qualified to lift and secure structures and
transport said structures from one site to another, whether or not such transport is across public
roads, including the proper placement of structures at a new location.
1.6.3.45. Tile and Marble Installation Contractor requires twenty-four (24) months
experience, a passing grade on a three (3) ReHf an approved test and a passing grade on a ~
~ business and law test, and means those persons who are qualified to set tile, marble and
stone.
1.6.3.46. Tile, Marble and Terrazzo Installation Contractor requires twenty-four (24)
months experience, a passing grade on a three (3) e9l:H" an approved test and a passing grade on a
21
Words slniGl( d1rBlIgR are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 25 of 48
tv.-e (2) l1el:H" business and law test, and means those persons who are qualified to mix, prepare,
and finish terrazzo, prepare the base, and set tile, marble and stone.
1.6.3.47. Underground Utility and Excavation Contractor requires forty-eight (48)
months experience, a passing grade on a three (3) hear an apnroved test and a passing grade on a
tV/a (2) hour business and law test, and means contractors whose services are limited to the
construction, installation, repair, on public or private property, whether accomplished through
open excavation or other means, including, but not limited to, directional drilling, auger boring,
jacking and boring, trenchless technologies, wet and dry taps, routing, and slip lining of main
sanitary sewer collection systems, main water distribution systems, and storm sewer collection
systems, and the continuation of utility lines from the main systems to a point of termination up
to and including the meter location for the individual occupancy, sewer collection systems at
property line on residential or single-occupancy commercial properties, or on multi-occupancy
properties at manhole or "wye" lateral extended to an invert elevation as engineered to
accommodate future building sewers, water distribution systems, or storm sewer collection
systems at storm sewer structures. These contractors may install empty underground conduits in
rights-of-way, easements, platted rights-of-way in new site development, and sleeves for parking
lot crossings no smaller than two (2) inches in diameter, provided the conduit system is designed
by a licensed professional engineer or by an authorized employee of a municipality, county, or
public utility, and installation of such conduit shall not include installation of any conductor
wiring or any connection to any energized electrical system. An underground utility contractor
shall not install any piping that is an integral part of a fire protection system, as defined in
Section 633.021(7), Florida Statutes, beginning at the point where the piping is used exclusively
for such system.
1.6.3.48. Tree Removal and Trimming Contractor requires twelve (12) months
experience with a passing grade on a twe (2) hear business and law test and means those who are
qualified to trim and remove trees and stumps.
All new applicants applving for tree service license are required to obtain a passing grade
on an aporoyed exam pertaining to tree oruning and safety. in addition to the business and law
exam.
1.6.4. Contractor Licensing Supervisor means the individual who oversees contractor
licensing and its investigations or presents complaints regarding licensed contractors in Collier
County, Florida. This individual holds office in the Building Review and Permitting Department
of the Community Development and Environmental Services Division of Collier County
Goyernment.
1.6.5. Employee means any person who works for and is under the supervision and
control of a licensee, provided that said employee does not hold himself out for hire or engage in
22
Words slfIIek thr9Yg!l are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 26 of 48
contracting except as an employee. For the purposes of this Ordinance, indicia of an employment
relationship shall include the employer's regular payment of wages and compensation, F.I.C.A.
deductions, tax withholding and provision of Workers' Compensation to the employee by the
employer, all as prescribed by law.
1.6.6. Person means a human being or a legal business organization,
1.6.7. "Contracting" means, except as exempted in this part, engaging in business as a
contractor and includes, but is not limited to, performance of any of the acts as set forth in
subsection (3) which define types of contractors. The attempted sale of contracting services and
the negotiation or bid for a contract on these services also constitutes contracting. If the services
offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted
sale of these services requires the corresponding licensure. However, the term "contracting" shall
not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell
or sells completed residences on property on which the individual or_business entity has any legal
or equitable interest, if the_services of a qualified contractor certified or registered pursuant to the
requirements of this chapter have been or will be retained for the purpose of constructing such
residences.
1.6.8. "Business organization" means any partnership, corporation, business trust, joint
venture, or other legal entity which engages or offers to engage in the business of contracting or
acts as a contractor as defined in this section.
1.6.9. "Primary qualifying agent" means a person who possesses the requisite skill,
knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control
the contracting activities of the business organization with which hejs connected; who has the
responsibility to supervise, direct, manage, and control construction activities on a job for which
he has obtained the building permit and for financial matters, both for the organization and in
general and for each specific job; and whose technical and personal qualifications haye been
determined by investigation and examination as provided in this part, as attested by the
department.
1.6.10. "Secondary qualifying agent" means a person who possesses the requisite skill,
knowledge, and experience, and has the responsibility to supervise, direct, manage, and control
construction activities on a job for which he has obtained a permit, and whose technical and
personal qualifications have been determined by investigation and examination as provided in
this part, as attested by the department.
1.7. Stop-Work Orders.
If it should become known to the Contractor Licensing Supervisor that a construction project
andior contracting in Collier County or the City is being undertaken by uncertified or nonexempt
persons, the Contractor Licensing Supervisor, or hisiher designee, shall place a stop-work order
23
Words stru..k d1r9l!gR are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 27 of 48
on the relevant portion of said project until such time as a certified contractor assumes
supervision of the construction project. Any uncertified and nonexempt person resuming
construction prior to the removal of the stop-work order by the Contractor Licensing Supervisor
shall be in violation of this Ordinance.
1.8. Experience Requirements.
As a prerequisite to, and as a requirement for, the issuance of a Collier County/City Certificate of
Competency, an applicant shall submit satisfactory evidence of experience in the trade for which
he/she desires certification.
a Contractors' experience shall be in that particular trade, with at least one
(1) year of said experience being as a supervisor.
b. Masters' experience shall be as journeymen.
c. Journeymen's experience shall be as apprentices or trainees.. having
completed an apprenticeship program registered with the Department of Labor and Employment
Security and_demonstrates 4 years verifiable practical experience in those particular trades, or
demonstrates 6 years verifiable practical experience in those particular trades, except as may be
authorized by apprentice programs approved by the Bureau of Apprenticeship, Division of Labor,
Employment and Training of the Department of Labor and Employment Security, which are
hereby incorporated by reference as the required apprentice experience.
1.8.1. To determine if the applicant possesses the experience required by this Ordinance,
the Contractor Licensing Board Supervisor or hislher designee shall consider the following forms
of proof of experience:
a Affidavits from former employers with specifics as to the number of years
ofoxperience, work Derformed and any other releYant information;
D. Copies of other certificates of competency, jf any, held by the applicant in
oth:;;; cour j;:s or cities;
c. Affidavits from any building director in locations where the applicant has
worked;
d. AffidaYits from any union organization of which the applicant has been a
member relating to the trade for which the applicant has made application;
e. Affidavits from any other source within the trade applied for.
1.8.2. Education at an accredited school may be presented to satisfy a portion of the
experience requirements of this Section. Specifically, each full year of school-level work in the
trade for which application is made shall be credited to the applicant as .75 years experience, but
such credit shall be for no more than one-half of the total experience required by this Ordinance.
PART TWO: CERTIFICATES OF COMPETENCY - PROCEDURE.
2.1. Applications - GeneraL
24
Words slrUak thraugk are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 28 of 48
2.1.1. Any person or business organization desiring to obtain a Certificate of
Competency shall make application under oath for such Certificate and shall submit such
information as is required by this Ordinance.
2.1.2. Should the applicant be a business organization, the application shall be executed
by a legally authorized and empowered representative of business organization who shall show
his authority to so act on the application. In addition, the application shall name a qualifying
agent authorized to act on behalf of the firm in all subsequent proceedings, showing his
authority:
a. To act for the firm in all matters and in any manner connected with the
contracting business; and
b. To supervise the construction under the Certificate of Competency issued
to the applicant.
2.1.3. A qualifying agent may qualify no more than one firm, practicing the same trade,
without prior approval of the Contractors' Licensing Board, and in no event more than two firms
at the same time.
2.1.4. No application shall be considered unless the applicant supplies all information as
required by this Ordinance.
2.1.5. The Board of County Commissioners shall establish and adopt, by Resolution, a
schedule of fees and charges for applications for Certificates of Competency, renewals, late fees
and other charges, if applicable, pertaining to this Ordinance. It is the intent of these regulations
that the County shall not be required to bear any part of the cost of applications made under this
Ordinance. The schedule of fees and charges shall be posted in the office of the Building Review
and Permitting Department of the Community Development and Environmental Services
Division of Collier County Government and the City's Building and Zoning Division
(Department), and the resolution establishing such fees shall be on file with the City's Clerk and
the Clerk to the Board. The schedule of fees and charges may be changed in accordance with
standard resolution adoption and amendment procedures of the Board of County Commissioners
and repeal or amendment of the schedule shall not be subject to the procedure otherwise
necessary for amendment of this Ordinance, Current fees and charges are set forth in Resolution
No. 87-108 and shall remain in effect until said Resolution is amended or superseded.
2.2. Contractor Application - Individual.
Any person desiring a Certificate of Competency shall submit the following information
on forms provided by the Collier County Contractor Licensing Supervisor:
2.2.1. Name of applicant, date of birth, Social Security number and driver's license
nwnber;
2.2.2. Home address and telephone nwnber;
2S
Words 5lroelc iliFeygk are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 29 of 48
2.2.3. Business address and telephone number. A contractor is required to maintain an
office in Collier County or have an agent in Collier County for purposes of receiying notices
pursuant to this Ordinance.
2.2.4. Name of applicant's business;
2.2.5. Applicant's proposed contracting business;
2.2.6. If applicable, verification that applicant has properly registered under the fictitious
name statutes;
2.2.7. Type of Certificate of Competency for which application is being made;
2.2.8. A complete list of all outstanding debts related to the applicant's contracting
business which the applicant has not paid or refuses to pay and a statement of the reasons for
nonpayment;
2.2.9. Names and telephone numbers of two persons who will always know the
applicant's whereabouts;
2.2.10. A statement whether the applicant has ever been convicted of a crime related to
contracting and any crime of moral turpitude;
2.2.11. Applicant's business or work experience during the past ten years;
2.2.12. Any formal training in the area of competency for which application is made;
2.2.13. In addition to the aforementioned information, the applicant shall attach or submit
the following information:
a. A credit report compiled by a nationally recognized credit agency that
reflects the financial responsibility of the applicant;
b. Affidavits as to the applicant's honesty, integrity, good business reputation
and competence in the trade category for which application for a Collier County/City Certificate
of Competency has been made. Said affidavits shall be in substantially the form issued by the
Collier County Contractor Licensing Supervisor or hislher designee;
c. Scores on the examination applicable to the license applied for, including
the area of competency tested, the date of testing and the place of testing. Said examination shall
haye been administered by a testing agency recognized and approved throughout the State of
Florida as provided for in Section 2.6 of this Ordinance.
2.3. Contractor Applications - Business Organizations.
If the applicant proposes to engage in contracting as a partnership, corporation, business
trust, or other legal entity, the applicant shall apply through a qualifying agent and comply with
all requirements and responsibilities contained in Sections 489. I 19 and 489.1195, Florida
Statutes.
26
Words SIiI'IIl>J. thrSlIgII are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 30 of 48
Any business organization desiring a Certificate of Competency in Collier County shall
submit the following information on forms provided by the Collier County Contractor Licensing
Supervisor.
2.3.1. Business organization name;
2.3.2. Business address and telephone number. A business organization must have an
office in Collier County or have an agent in Collier County for purposes of receiving notices
pursuant to this Ordinance.
2.3.3. Qualifying agent;
2.3.4. Proposed contracting business;
2.3.5. Type of Certificate of Competency for which application is made;
2.3.6. Names and addresses of all partners, directors and officers;
2.3.7. Where applicable, a copy of a certificate of incorporation or proof of recorded
fictitious name;
2.3.8. A list of all contracting businesses owned by the business organization during the
last five years;
2.3.9. A credit report from a nationally recognized credit agency if the business
organization has been in existence for more than one (I) year. If the business organization has
been in existence for less than one (1) year, a credit report on every business organization in
which the Applicant/Qualifier was an agent is required. If neither of the above is applicable a
personal credit report on the applicant/qualifier is required.
2.3.10. A complete list of all outstanding debts related to the business organization's
contracting business which the business organization has not paid or refuses to pay and a
statement of the reasons for nonpayment;
2.3.11. The signature of an authorized officer of the business organization;
2.3.12. Qualifier information:
a. The name of the qualifying agent and date of birth;
b. The name of the business organization to be qualified;
c. Type of Certificate of Competency for which application is made;
d. The home address of the qualifying agent;
e. The names and telephone numbers of two persons who will always know
the qualifying agent's whereabouts;
f. Scores on any approved examination; including the area of competency
tested, the date of testing and the place oftesting;
g. Affidavits as to the qualifier's honesty, integrity, good business reputation
and competence in the trade category for which application for a Collier County/City Certificate
of Competency has been made;
27
Words swoll threYglI are deleted; words underlined are added.
Agenda Item No. JG
October 10, 2906
Page 31 of:48
h. A statement whether the qualifYing agent has eyer been convicted of a
crime related to contracting and any crime of moral turpitude;
1. A complete list of all outstanding debts related to the qualifying agent's
contracting business which the qualifying agent has not paid or refuses to pay and a statement of
the reasons for nonpayment;
j. A statement of the qualifying agent's business and work experience during
the previous five years;
k. A statement of any formal training possessed by the qualifying agent in the
trade category for which application is made for a competency card;
1. Proof that the qualifYing agent is legally qualified to act for the business
organization in all matters connected with its contracting business and that said qualifying agent
has the authority to supervise construction undertaken by such business organization. Proof that
a qualifying agent is legally qualified to act for the business organization includes, but is not
limited to, authority to sign checks for the business organization, training and supervision of
employees, hiring and firing of employees or other actions indicating active involyement in the
business organization.
2.4. Master or Journeyman Applications.
a. The name of the applicant and date of birth;
b. Home address and telephone number;
c. Business address and telephone number;
d. Type of Certificate of Competency for which application is being
made;
e. The names and telephone numbers of two persons who will always know
the applicant's whereabouts;
f. Scores on any approved examination, including the area of competency
tested, the date of testing and the place of testing. Prior to taking the tests required by this
Ordinance, an applicant must provide verification that he or she has complied with the
experience requirements.
g. A statement of the applicant's business or work experience during the past
ten years;
h. A statement of any formal training in the trade categories for which
application is made for a competency card.
2.5. Standards for the Issuance or Denial of a Certificate of Competency.
2.5.1. Contractors.
The Contractor Licensing Supervisor or his/her designee, shall issue a Certificate of Competency
to the applicant if it appears, on the face of the application, as submitted by the applicant, that:
28
" Words struek threllgll are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 32 of 48
a. The application is complete in accordance with the requirements of this
Ordinance;
b. The applicant possesses the experience required by Sections 1.6 and 1.8 of
this Ordinance;
c. The credit report submitted indicates no facts and circumstances which
show a failure to pay contracting related bills promptly;
d. The applicant or qualifier meets the requirements for financial
responsibility set forth in Rules 6104-15.005 and 6104-15.006, Florida Administrative Code, as
they may be amended from time to time;
e. The applicant meets one of the following criteria:
1) The applicant has taken and passed an examination approved and
recognized throughout the State of Florida, as provided for in Section 2.6 of this Ordinance, for
the area of competency for which application has been made, or
2) The applicant meets all licensing requirements provided for by this
Ordinance.
f. All required affidavits have been submitted;
g. All required fees have been paid;
h. The applicant possesses a current Collier County occupational license; and
1. The applicant or the qualifying agent is at least 18 years of age.
2.5.2. Referral of Application to Contractors' Licensing Board for Decision.
If it does not appear on the face of the application that the applicant has complied with the
requirements of this Ordinance so as to be eligible for a Certificate of Competency, then the
Contractor Licensing Supervisor shall refer the application to the Contractors' Licensing Board
for a decision regarding approval or denial of the application.
2.5.3. When an application is referred to the Contractors' Licensing Board, the Board
shall take testimony from the applicant and shall consider other relevant evidence regarding
whether the application meets the requirements of this Ordinance. Upon the evidence presented
by the applicant and the Contractor Licensing Supervisor, the Contractors' Licensing Board shall
determine whether the applicant is qualified or unqualified for the trade in which application has
been made. Findings of fact and conclusions of law regarding the approval or denial of the
application shall be made by the Contractors' Licensing Board. The Board may consider the
applicant's relevant recent experience in the specific trade and based upon such experience may
waive testing requirements if convinced that the applicant is qualified by experience whereby
such competency testing would be superfluous.
29
Words stru~k thfeagh are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 33 of 48
2.5.3.1. If the Contractors' Licensing Board determines that an applicant is qualified for a
particular type of Certificate of Competency, a competency card shall be issued by the Contractor
Licensing Supervisor or hislher designee.
2.5.4. Additional Requirements.
In addition to the foregoing requirements, each applicant shall submit the following information
as a prerequisite to the issuance of a Collier County competency card:
2.5.4.1. The applicant's state registration number or a statement that the applicant has
made application for a state registration number (anyone not required to have a state registration
number by Chapter 489, Florida Statutes, is exempted from this Subsection);
2.5.4.2. The applicants' individual or business organization's United States Internal
Revenue Tax number;
2.5.4.3. Proof of insurance as required by Section 2.8 of this Ordinance;
2.5.4.4. A statement that the applicant has or will comply with all Workers'
Compensation laws of the State of Florida prior to contracting in the City and in Collier County;
2.5.4.5. Where applicable, a statement that the applicant has registered his fictitious
name with the Florida Department of State, Fictitious Name Filing Section, as required by
Section 865.09, Florida Statutes;
2.5.4.6.
When a Certificate of Competency is issued in the name of a business
organization, the certificate shall be in the name of the business organization and the name of the
qualif'ying agent shall be noted thereon. The requirements of this Section shall be deemed to be a
portion of the application and any false statement made by an applicant as to information
required by this Section shall be grounds for discipline as provided for in Section 4.3 of this
Ordinance.
2.6. Approved Examiners.
The approved examiners for the purpose of administering proctored exams as required by this
Ordinance are is "EnfleRer", 2190 N. W. 53M .^.V8R\le, GaiHesyille, FleRaa, 32653, ana any ~
testing agency with eeffif'ltlffi-ble testing standards recognized and approved throughout the State
of Florida and also approved by the Collier County Contractors' Licensing Board.
2.7. Examinations.
A minimum passing grade of 75% shall be required on all examinations. Examinations shall be
specific to the trade category for which application for a Certificate of Competency has been
made. Said examinations shall be proctored and graded by a testing agency meeting all the
requirements of Section 2.6 of this Ordinance. When a Certificate of Competency becomes void
pursuant to Section 1.4.9 herein, all previous examination scores shall be disregarded except
when the most recent relevant examination was taken and passed within three (3) years of the
date of receipt of the new application, pursuant to Chapter 489, Florida Statutes.
30
Words St!1iGI( tl!relig8 are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 34 of 48
2.8. Insurance.
All licensed contractors shall maintain liability and other categories of insurance, as required by
Florida law, at all times. Such insurance shall be with an insurance company authorized to do
business in the State of Florida. The minimum limits of liability insurance required shall be not
less than $100,000 for bodily injury and $25,000 for property damage or any higher minimums as
required by Florida law. All licensed contractors shall maintain applicable Workers'
Compensation insurance as required by Florida law and/or federal law, including, but not limited
to, the proyisions of the Federal Employers' Liability Act, the Longshoremen's & Harbor
Workers' Compensation Act, the Defense Base Act, or the Jones' Act.
2.9. Dormant Status.
2.9.1. Any person or firm that holds a valid Collier County/City Certificate of
Competency may place the Certificate of Competency on dormant status during which time said
person or firm/entity shall not engage in contracting in Collier County, but may retain the
certificate on a dormant status basis provided timely payment is made of an annual renewal fee as
set forth in Section 2.1.5 of this Ordinance and applicable resolutions enacted by the Collier
County Board of County Commissioners.
2.9.2. Persons or business organizations desiring to renew dormant certificate may do so
by complying with the requirements of Section 1.4 of this Ordinance relating to renewals.
2.10. Restricted Certificates of Competency.
The Contractors' Licensing Supervisor or designee may issue a Restricted Certificate of
Competency to an applicant for a certificate in a particular trade, which Certificate is restricted to
certain aspects of that trade where the applicant has satisfactorily demonstrated that he/she is
qualified under this Ordinance in certain aspects of that trade, but lacks the required experience
in other aspect(s) of that trade. For example, an applicant for a Certificate as a Floor Covering
Installation Contractor may have the required experience in laying carpets and/or tiles, but not
wood flooring. Each staff level decision to restrict a Certificate shall be final unless reversed or
modified by the CLB upon appeal by the certificate holder.
2.11. Emergency Restricted Certificates of Competency.
In the event of a declaration of a state of emergency in Collier County by the Collier County
Board of County Commissioners or in the City by the City Council, in which substantial damage
has occurred to buildings and structures so as to cause a shortage of available persons and
firms/entities in the contracting trades for which there are Collier County/City Certificates of
Competency, the Contractors' Licensing Board is hereby authorized to:
2.11.1. Declare an emergency contracting trade shortage of designated categories of
contractors and/or sub-contractors listed in this Ordinance. This declaration shall be for a period
of time not to exceed six (6) months.
31
Words stroel. tMellgR are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 35 of 48
2.11.2. Authorize the Contractor Licensing Supervisor to prepare and regulate the
selection of contractors andlor sub-contractors from other jurisdictions whose licensing
requirements are substantially comparable to those licensed in Collier County and issue
temporary licenses to those contractors for a period of time not to exceed the declaration of
emergency. The contractors selected must be licensed in jurisdictions whose testing and
licensing requirements have been predetennined by the Contractors' Licensing Board to be
substantially comparable to the Collier County requirements.
2.12. The County will provide active field supervision within the City of licensed and
unlicensed activity through its investigation and citation authority.
2.12.1. The County shall be responsible for issuing licenses in accordance with this
Ordinance to authorize contractors to work within the geographic boundaries of County and the
City. The County shall collect the fees for those contractors licensed to work within the County
and City.
2.13. Contractors who operate in Collier County shall maintain complete financial and
business records for the immediately preceding 3 years at their licensed place of business. The
business and financial recoras to be maintained shall include minutes of corporate meetings,
business contacts, telephone records, insurance policies, letters of complaint, notices received
from government entities, bank statements, canceled checks, records of accounts receivable and
payable, fmancial statements, loan documents, tax returns, employee records and all other
business and financial records the contractor maintains in the course of business. The contractor
shall allow the Contracting Licensing Supervisor, or his designee, access to all documents
referenced in this section upon demand and during nonnal business hours. Copies of any
documents requested by the Contractor Licensing Supervisor, or his designee shall be proyided
by the Contractor upon payment of reasonable reproduction costs, which shall not exceed the
Contractor's actual reproduction costs, by the Contractor Licensing Supervisor or his designee.
PART THREE: THE CONTRACTORS' LICENSING BOARD.
3.1. Composition.
3.1.1. The Contractors' Licensing Board, being Collier County's "local construction
licensing board", is composed of nine (9) members who shall be appointed by the Board of
County Commissioners. A minimum of two (2) of these members shall reside within corporate
city limits or shall be recommended to the Board of County Commissioners by the City Council.
The Board of County Commissioners may also appoint alternate members as it deems
appropriate. Three (3) members of the CLB shall be consumer representative members. No such
member shall be, or shall have ever been, a member or practitioner of any profession regulated by
the CLB or any profession closely related to any such profession regulated by the CLB. The
members of the CLB who are not consumer representative members should be either a licensed
32
Words saue!. tbrBlIgR are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 36 of 48
architect, a licensed general contractor, a licensed engineer, a licensed electrical contractor, a
licensed plumbing contractor, a licensed mechanical contractor, a licensed roofing contractor, a
licensed residential, or a licensed building contractor. Except for consumer representative
members, this provision is merely directory and failure to have members appointed from these
trades shall not be grounds for voiding or otherwise affecting any action of the Board.
3.1.2. Collier County Ordinance No. 86-41, as now or hereafter amended (or any
ordinance that is a successor in function thereto) shall be applicable to every member appointed
or reappointed to the CLB after the effective date of this Ordinance, except the following: each
initial full-term appointment of a member to the CLB shall be for a term of three (3) years.
3.2. Internal Operating Procedures.
3.2.1. The Contractors' Licensing Board shall elect a chairperson and vice chairperson
from its membership.
3.2.2. Meetings.
3.2.2.1. The Contractors' Licensing Board shall hold at least four meetings per year.
3.2.2.2. Upon the request of the Contractor Licensing Supervisor, or his designee, or at
such other times as may be necessary, the chairperson of the Contractors' Licensing Board (and,
in his absence, the vice chairperson or, in the vice chairperson's absence, the temporary
chairperson elected by majority vote of the members of the Contractors' Licensing Board) may
call hearings of the Contractors' Licensing Board. Hearings may also be called by written notice
signed by at least three (3) members of the Contractors' Licensing Board. At any hearing, the
Contractors' Licensing Board may set a future hearing date. Minutes shall be kept of all meetings
and hearings and all meetings and proceedings shall be open to the public.
3.2.2.3. Five members shall constitute a quorum for any meeting, and a majority vote of
those present shall be required to make any decision.
3.2.2.4. The Collier County Board of County Commissioners shall provide such clerical
and administrative personnel and legal services as may be reasonably required by the Contractors'
Licensing Board for the proper performance of its duties.
3.2.2.5. The County Attorney, or his designee, shall either be counsel for the Contractors'
Licensing Board or shall represent the County by presenting cases before the Contractors'
Licensing Board, but in no case shall the County Attorney or his designee serve in both capacities
for the same case or at the same time.
3.3. Duties and Powers oftbe Contractors' Licensing Board.
3.3.1. Upon reference by the Contractor Licensing Supervisor or petition by an applicant,
the Board shall have the power to determine the qualifications of applicants for the various
categories of contractors' Certificates of Competency as measured by standards stated in this
Ordinance.
33
Words s8'Ilek tiu'Bilgft are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 37 of 48
3~3.2. The Board shall have the power to hold hearings to determine if a contractor or a
journeyman possessing a Collier County/City Certificate of Competency, or a State certified
contractor doing business in Collier County, should be disciplined pursuant to Part Four of this
Ordinance. It shall be the duty of the Contractor Licensing Supervisor to initiate disciplinary
proceedings. No member of the Contractors' Licensing Board shall have the power to initiate
disciplinary proceedings in his/her capacity as a member of the Contractors' Licensing Board.
3.3.3. The Contractors' Licensing Board shall have the power to adopt such policies,
rules and regulations as it deems necessary to carry out the duties of the Board in accordance
with the provisions and intent of this Ordinance. Said policies, rules and regulations, when and if
reduced to writing, shall be filed with the Clerk to the Board of the Collier County Board of
County Commissioners.
3.3.4. The Contractors' Licensing Board shall further have the power to:
a. Hold hearings;
b. Take testimony under oath;
c. Adopt rules and regulations for the conduct of its hearings;
d. Discipline contractors or journeymen holding Collier County/City Certificates of
Competency or State certified contractors doing business in Collier County or the City pursuant
to Part Four of this Ordinance;
e. Issue decisions, findings offact, conclusions ofIaw, impose disciplinary
sanctions, and issue orders to carry out the proyisions of this Ordinance.
3.3.5. The Contractors' Licensing Board shall also have all other powers granted to said
Board or otherwise by Florida law.
3.3.6. The Contractors' Licensing Board shall haye the power to make recommendations
to the Board of County Commission regarding amendments to this Ordinance and shall review
amendments to the Ordinance proposed by County staff.
PART FOUR: STANDARDS OF CONDUCT AND DISCIPLINE.
4.1. Misconduct - Collier County/City Certificate of Competency
The following actions by a holder of a Collier County/City Certificate of Competency shall
constitute misconduct and grounds for discipline pursuant to Section 4.3 of this Ordinance:
4.1.1. Knowingly combining or conspiring with an unlicensed contractor by allowing
one's Certificate of Competency to be used by an unlicensed contractor with intent to evade the
provisions of this Ordinance. When a licensed contractor acts as the qualifying agent for any
firm without first making application under this Ordinance to represent said firm, such act shall
constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a
certificate holder allows his certificate to be used by one or more companies without having any
actiye participation in the operations, management, and control of such companies, such act
34
Words struek thr_gh are deleted; words underlined are added.
constitutes prima facie evidence of an intent to evade the provisions of this Ordinance.
Agenda Item No. ~G
October 10, 2 06
Page 38 0 48
Active
participation requires job site supervision, knowledge of and participation in the business
operations of the company(s), including all contractual matters.
4.1.1.1. If any individual qualifying any business organization ceases to be affiliated with
such business organization, he shall so inform the Board. In addition if such individual is the
only certified individual affiliated with the business organization, the business organization shall
notify the Board of the individual's termination and shall have no more than sixty (60) days from
the date of termination of the individual's affiliation with the business organization in which to
affiliate with another person certified under the provisions of this article. In any event, the
business organization shall not enter into any new contracts and may not engage in any new
contracting until such time as a qualifying agent is employed.
4.1.2. Contracting to do any work outside of the scope of hislher competency as listed on
hislher competency card and as defined in this Ordinance or as restricted by the Contractors'
Licensing Board.
4.1.3. Abandoning a construction project in which he/she is engaged or under contract as
a contractor. A project may be presumed abandoned if the contractor terminates the project
without just cause, or fails to notify the owner in writing of termination of the contract and basis
for same, or fails to perform work for ninety (90) consecutive days without just cause and no said
notice to the owner.
4.1.4. Diverting funds or property received for the execution of a specific contract
project or operation or diverting funds earmarked for a specified purpose to any other use
whatsoever.
4.1.5. Departing from or disregarding in any material respect the plans or specifications
of a construction job without the consent of the owner or his duly authorized representative.
4.1.6. Disregards or violates, in the performance of his contracting business in Collier
County, any of the building, safety, health, insurance or Workers' Compensation laws of the State
of Florida or ordinances of this County.
4.1.7. Falsifying or misrepresenting any material fact in his application and supporting
papers for the purpose of obtaining a Certificate of Competency under this Ordinance.
4.1.8. Committing mismanagement or misconduct in the practice of contracting that
causes financial harm to a customer. Financial mismanagement or misconduct includes, but is
not limited to, any of the following:
4.1.8.1. The contractor fails to fulfill his/her contractual obligations to a customer
because of inability, refusal or neglect to pay all creditors for material furnished or work or
services performed in the operation of the business for which he/she is licensed, under any of the
following circumstances:
35
Words struek WBHgR are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 39 of 48
a. Valid liens have been recorded against the property of a contractor's
customer for supplies or services ordered by the contractor for the customer's job; the contractor
has received funds from the customer to pay for the supplies or services; and the contractor has
not had the liens removed from the property, by payment or by bond, within 30 days after the
date of such liens;
b. The contractor has abandoned a customer's job and the percentage of
completion is less than the percentage of the total contract price paid to the contractor as of the
time of abandonment, unless the contractor is entitled to retain such funds under the terms of the
contract or refunds the excess funds within 30 days after the date the job is abandoned;
c. The contractor's job has been completed, and it is shown that the customer
has had to pay more for the contracted job than the original contract price, as adjusted for
subsequent change orders, unless such increase in cost was the result of circumstances beyond
the control of the contractor, was the result of circumstances caused by the customer, or was
otherwise permitted by the terms of the contract between the contractor and the customer.
4.1.8.2. The contractor's iob been completed. and it is shown that the customer has
incurred fmancial harm bv having to seek a variance or other administrative remedy because of
actions bv the contractor.
4.1.9. Performing any act which assists a person or entity in engaging in the prohibited
unlicensed practice of contracting, if the licensed contractor knows or should have known that
the person or entity was unlicensed.
4.1.10. Failing to promptly correct faulty workmanship or promptly replace faulty
materials installed contrary to the provisions of the construction contract. Faulty workmanship
means work that is not commenced, not continued, or not completed in accordance with all
specifications of the applicable written agreement. Faulty workmanship includes any material
flaw(s) in the_quality and/or quantity of the unfinished or finished work product, including any
item that does not function properly as a part of the entire project. If there is no written
agreement provision regarding the specific faulty workmanship issue, faulty workmanship exists
if the work, process, product or part thereof does not meet generally accepted standards in Collier
County in relation to the entire project. Faulty workmanship does not include matters of
esthetics unless the esthetically related item clearly yiolates a written contract specification
directly related thereto.
4.1.11. Failure to maintain at all times, with an insurance company authorized to do
business in the State of Florida, the limits of liability and other categories of insurance as
required by this Ordinance.
4.1.12. Failing to claim or refusing to accept certified mail directed to the contractor by
the Contractors' Licensing Board, or its designee.
36
Words s~elt tRFSHgB are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 40 of 48
would have been fraud or a willful violation if committed in Collier County or within the
respective City.
4.2.4. Fraud.
4.3. Disciplinary Proceedings, including Minor Violations.
4.3.1. There are three (3) categories of violations: (i) Violations of subsection
489.127(1), Florida Statutes; Violations of subsection 489.132(1), Florida Statutes; and (iii)
other violations within the jurisdiction of the Contractor's Licensing Board.
a. Subsection 489.127(1), Florida Statutes, is incorporated herein. (Lack of
required license, certificate, or registration). The following are designated to enforce subsection
487.127(1), Florida Statutes: Collier County Building Official, all License Compliance Officers,
the Chief Building Inspector, Chief Electrical Inspector, Chief Plumbing/Mechanical
Mechanical, and/or other inspectors authorized from time-to-time by the Building Official.
Procedures specified in this Ordinance shall apply except to the extent, if any, that Section
489.127 or Section 489.132, may require different procedure(s). The penalties for each
uncontested violation of subsection 489.127(1) and/or 489.132(1), Florida Statutes, are three
hundred dollars ($300.00) for the first uncontested violation and five hundred dollars ($500.00)
for each subsequent uncontested violation by the same individual or entity. Penalties for
contested violations of subsection 489.127(1), Florida Statutes, are as now or hereafter specified
in Section 489.127, Florida Statues. Penalties for contested violations of subsection 489.132(1),
Florida Statutes, are as now or hereafter specified in Section 489.132, Florida Statutes. The
Citation form attached hereto as exhibit "A" is approved, which form may be amended from
time-to-time by Resolution of the Board of County Commissioners.
b. Minor Violations: The Contractor Licensing Supervisor or designee shall
issue a "Notice of Noncompliance" as the County's first response to a minor violation of any
provision_of any regulatory law, including this Ordinance, when (i) it is reasonable for Staff to
assume that the violator, at the time of violation, was not aware of the provision that was violated
or it can be assumed that it was not clear to the violator how to comply with the violated
provision; and (ii) that violation has not then resulted in economic harm or physical harm to any
person; and (iii) the violation has neither adversely affected the public health, safety, or welfare,
nor created any significant threat of any such adverse affect. The Notice of Noncompliance
should identify the specific provision that was violated, should provide information on how to
comply with that provision and should specify a reasonable time for full compliance. The Notice
of Noncompliance shall not be accompanied with any immediate threat of any monetary fine or
any other disciplinary penalty, but may specify that failure of the violator to correct the violation
within the time specified in the Notice for Compliance may result in disciplinary proceedings.
Each violation that is not a "minor" violation is a "major" violation.
38
Words iiffiIek thfeligR are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 41 of 48
c. Major Violations. The Contractor Licensing Supervisor, or his designee,
may initiate disciplinary proceedings against a licensed contractor for major violations of this
Ordinance by filing a sworn complaint with the Clerk to the Collier County Board of County
Commissioners.
d. Failure of Non-State Certified Indiyidual to Promptly Pay Penalty to
County. The Collier County Building Department should not issue any permit or any other
required authorization to any Collier County Certified individual who then has an obligation to
pay a penalty to the County imposed with fmality under this Ordinance for any violation of this
Ordinance (including a citation that is not contested) and that individual has not paid that penalty
in full by the applicable deadline date, plus reimbursement of the County's costs, such as
recording fees and court costs. An appeal of uncontested citations stays all such withholdings.
e. Failure of Non-State Certified Individual to Meet Permit Conditions. The
County's Building Department may withhold issuance of any further permit(s) or any other
authorization(s) to any individual who, or entity that, has not then complied with any condition of
all County-issued permit(s) issued to that individual or entity, including every follow-up
inspection or any other act then capable of being complied with, although late in time.
f. Withholding Permit Pulling Privileges of State Certified Contractor.
Before the CLB may withhold any permit pulling privilege(s) of a State Certified Contractor, the
CLB, after public hearing, must fmd that the Contractor violated a provision of Section 4.2 of
this Ordinance.
4.3.2. Any person who belieyes that a contractor holding a Certificate of Competency has
violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or
his/her designee. The complaint shall be in substantially the form prescribed by the Contractor
Licensing Supervisor. Tlte e8ffijllainafit sRall pay a fee sf $59.99, ts defray the 6S!Jts of
alim.icistering oRe 6oFftJllaim, at die time sf filieg the eaFRfllaiRt. The complaining party shall
state with particularity which section(s) of this Ordinance he or she believes has been violated by
the contractor and the essential facts in support thereof.
4.3.3. Upon the submission of a sworn complaint, the Contractor Licensing Supervisor,
or his/her designee, shall conduct a preliminary investigation and determine whether the
complaint submitted warrants the filing of formal charges. If charges are warranted, the
Contractor Licensing Supervisor, or hislher designee, shall file the complaint with the Clerk to
the Collier County Board of County Commissioners and shall send, by certified mail, return
receipt requested, a letter to the licensed contractor at his local address, or if applicable the local
agent's address, as shown by the records of the Contractors' Licensing Board, enclosing a copy of
the complaint and indicating:
a. The name of the complainant;
b. The date(s) of the commission of the alleged offense(s);
39
Words sa=uek tllreHgR are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 42 of 48
c. The section(s) of this Ordinance alleged to have been violated;
d. The range of disciplinary sanctions which may be imposed upon any
contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said
Board [mds a yiolation of this Ordinance to have occurred;
e. The date, time and place at which the contractor shall appear before the
Contractor's Licensing Board for a hearing regarding the complaint. The date scheduled shall not
be sooner than twenty (20) days from the mailing date of the certified letter.
4.3.3.1. The notice of hearing required by this Section may, in the alternative, be
accomplished by hand delivery of said notice to the contractor by the Contractor Licensing
Supervisor, or his/her designee, or by leaving said notice at the contractor's business or usual
place of residence with some person of his/her family over 15 years of age and informing such
person of the contents of the notice.
4.3.3.2. As an alternative to providing notice as set forth above, at the option of the
Contractor Licensing Supervisor, notice may be furnished to the contractor by publication as
follows:
a. Such notice shall be published once during each week for four (4)
consecutive weeks (four publications being sufficient) in a newspaper of general
circulation in Collier County. The newspaper shall meet such requirements as are prescribed
under Chapter 50, Florida Statutes, for legal and official advertisements;
b. Proof of publication shall be made as provided in Sections 50.041 and
50.051, Florida Statutes. Notice by publication may run concurrently with, or may follow an
attempt or attempts to provide notice by hand delivery or by mail as required by this Section.
4.3.3.3.
Although not required to prove that notice was provided, evidence that an
attempt has been made to hand deliver or mail notice as provided in this Section, together with
proof of publication as provided in Subsection 4.3.3.2, shall be sufficient to show that the notice
of hearing requirements of this Section have been met, without regard to whether or not the
alleged violator actually received such notice.
4.3.4. Conduct of Hearing.
4.3.4.1. A hearing shall be held concerning the complaint and it shall be open to the
public.
4.3.4.2. The proceedings at the hearing shall be recorded and may be transcribed at the
expense of the party requesting the transcript. Any party may have a court reporter present at the
hearing at his\her own expense. Neither Collier County nor the Contractors' Licensing Board
shall be responsible for any failure of recording equipment during the conduct of the hearing.
4.3.4.3. Each case before the Contractors' Licensing Board shall be presented by the
County Attorney, an Assistant County Attorney, or by a member ofthe County staff. Regarding
40
Words struck tBrSHgft are deleted; words underlined are added.
Agenda Item No. 17G
October 1 0, 2006
Page 43 of 48
matters under the jurisdiction of the Contractor's Licensing Board, the Building Official is
authorized to issue subpoenas to the greatest extent then allowed by law, including Section
162.08, Florida Statutes.
4.3.4.4. Assuming proper notice of the hearing has been provided to the contractor, or
was not received notwithstanding attempts to notify the contractor, as provided for in Section
4.3.3 of this Ordinance, a hearing may proceed in the absence of the contractor. Evidence
regarding "notice" shall be received prior to receiving evidence on the merits of the case.
4.3.4.5. The Contractors' Licensing Board shall proceed to hear the cases on the agenda
for that day. All testimony shall be under oath and shall be recorded. The Contractors' Licensing
Board shall hear testimony from the Contractor Licensing Supervisor, or his/her designee, from
the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may
be called by the respective parties.
4.3.4.6. Formal rules of evidence shall not apply, but fundamental fairness and due
process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative
evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence
would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used
for the purpose of supplementing or explaining any evidence but shall not be sufficient, by itself,
to support a finding unless such hearsay would he admissible over objection in civil actions in
court. The rules of privilege shall be effectiye to the same extent that they are now or hereafter
may be recognized in civil actions.
4.3.4.7. Any member of the Contractors' Licensing Board may question any witness
before the Board. Each party to the proceedings shall have the right to call and examine
witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness regardless
of which party called the witness to testify and to rebut any evidence presented against the party.
4.3.4.8. The chairperson or, in his/her absence, the vice chairperson, shall have all
powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner
and to preserve order and decorum.
4.3.4.9. At the conclusion of the hearing, the Contractors' Licensing Board shall issue
findings of fact based on evidence of record and conclusions of law; impose disciplinary
sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose of the
complaint in accordance with this Ordinance and Florida law, Said findings of fact, conclusions
of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the
Contractors' Licensing Board on the case heard before the Board.
4.3.4.10. The decision of the Contractors' Licensing Board shall he stated orally at the
hearing and shall be reduced to writing and mailed to the parties within 30 days after the
41
Words sft:liek b-911gh are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 44 of 48
hearing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any
related order shall be made by motion approved by a majority of the members of the Contractors'
Licensing Board who are present and voting. The decision of the Board shall be effective upon
being stated orally at the hearing, unless the Board orders otherwise. The decision of the Board
shall be filed with the Clerk to the Collier County Board of County Commissioners promptly
after said decision is reduced to writing.
4.3.4.11. Should the Contractors' Licensing Board be unable to issue a decision
immediately following any hearing because of questions of law or other matters of such nature
that a decision cannot be immediately made, the Board may withhold issuing its decision until a
subsequent meeting. In such case, further discussion of the pending matter and all deliberations
relating thereto by members of the Contractors' Licensing Board shall take place only at a public
meeting of the Board. The Board shall thereafter issue its decision pursuant to Subsections
4.3.4.9 and 4.3.4.10 of this Ordinance.
4.3.5. Disciplinary Sanctions.
4.3.5.1. Holders of Collier County/City Certificates of Competency. If, after hearing, the
Contractors' Licensing Board finds that there has been misconduct by a contractor, within the
meaning of Section 4.1 of this Ordinance, said Board may, but shall not be required to, impose
any of the following enumerated sanctions, alone or in combination:
a Revocation of a Collier County/City Certificate of Competency;
b. Suspension of a Collier County/City Certificate of Competency;
c. Denial of the issuance or renewal of a Collier County/City Certificate of
Competency;
d. A period of probation of reasonable length, not to exceed two years,
during which the contractor's contracting actiyities shall be under the supervision of the
Contractors' Licensing Board; and/or participation in a duly accredited program of continuing
education directly related to the contractor's contracting activities. Any period of probation or
continuing education program ordered by the Contractors' Licensing Board may be reyoked for
cause by said Board at a hearing noticed to consider said purpose. The contents of said notice
shall be substantially as provided for in Section 4.3.3 of this Ordinance. Service of said notice
shall be as provided in Sections 4.3.3 and 4.3.3.1 of this Ordinance. Evidence that either of these
methods of service have been utilized shall be sufficient to show that the notice of hearing
requirements of this Section have been met, without regard to whether or not the alleged violator
actually received notice;
e. Restitution;
f. A fine not to exceed ~ Ten Thousand Dollars ($10,000);
g. A public reprimand;
42
Words &tniek tRi'aHgh are deleted; words underlined are added.
Agenda Item No. 1 G
October 10, 2 06
Page 45 0 48
h. Re-examination requirement;
1. Denial of the issuance of Collier County or City building permits or
requiring the issuance of permits with specific conditions;
j. Reasonable investigative and legal costs for the prosecution of the
violation.
4.3.5.2.
a.
Holders of State of Florida Certificates of Competency.
If, after hearing, the Contractors' Licensing Board finds that there has been
misconduct by a State certified contractor, within the meaning of Section 4.2 of this Ordinance,
said Board may deny the issuance of Collier County/City building permits or require the issuance
of permits with specific conditions.
b. Notification of and information concerning such pennit denial shall be
submitted to the Florida Department of Business and Professional Regulation within 15 days
after the Contractors' Licensing Board decides to deny the permit.
4.3.5.3.
When imposing any disciplinary sanction on a contractor or a person
holding a Certificate of Competency or a state certified contractor who has been found to have
violated this Ordinance, the Contractors' Licensing Board shall consider all the evidence
presented at the hearing as well as:
a. The graYity of the violation;
b. The impact of the violation on the public health, welfare or safety;
c. Any actions taken by the yiolator to correct the violation;
d. Any previous yiolations committed by the violator;
e. Any other evidence presented at the hearing by the parties relevant as to
the sanction which is appropriate for the case given the nature of the violation and the violator.
4.3.5.4. Any disciplinary sanctions imposed by the Contractors' Licensing Board shall be
effective upon being stated orally at the hearing unless the Board orders otherwise, all in
accordance with Section 4.3.4.10 of this Ordinance.
4.3.5.5. In addition to any action the Contractors' Licensing Board may take against the
individual's or business organization's local license, and any fine the Contractors' Licensing
Board may impose, the Contractors' Licensing Board shall issue a recommended penalty for the
State Construction Industry Licensing Board or if the action involves an electrical contractor or
an alarm contractor, the State Electrical Contractors' Licensing Board action. This recommended
penalty may include a recommendation for no further action, or a recommendation for
suspension, revocation, or restriction of the registration, or a fme to be levied by the Construction
Industry Licensing Board or Electrical Contractors' Licensing Board, or a combination thereof.
The Contractors' Licensing Board body shall inform the disciplined contractor and the
complainant of the local license penalty imposed, the penalty recommended, his rights to appeal,
43
Words swell thFallgh are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 46 of 48
and the consequences should he decide not to appeal. The Contractors' Licensing Board shall,
upon having reached adjudication immediately inform the Construction Industry Licensing Board
or Electrical Contractors' Licensing Board of its action and the recommended board penalty.
4.3.5.6 Fines and all other monetary penalties may be collected and disposed as
authorized by and subject to Chapter 489, Florida Statutes. Should any monetary penalty
imposed by the Board not be paid within the time specified by the Board's Order, the Board may
request from the Board of County Commissioners authority to that appropriate legal action to
collect the penalty.
PART FIVE: REHEARING AND APPEALS OF DECISIONS OF THE
CONTRACTORS' LICENSING BOARD.
5.1. Rebearing.
Each respondent found to be in violation of this Ordinance, any other party, the Chairman
of the CLB, the CLB as a body, or the Assistant County Attorney who tried the case may request
a rehearing of any decision of the CLB. A request for rehearing shall be in writing and shall be
filed with staff and a copy thereof should be delivered to all other parties within twenty (20) days
from the date of mailing or other method of delivery to the Respondent(s) of the Board's written
decision under this Ordinance. A request for rehearing shall be based only on the ground that
fundamental error occurred which resulted in a failure of due process, the decision was contrary
to the evidence, or that the hearing involved an error on a ruling of law and/or fact which was
fundamental to the decision of the CLB. The written request for rehearing shall specifY the
precise issue(s) on which the request for rehearing is based. The decision of the CLB which is
the subject of the rehearing request shall remain in effect throughout the rehearing procedure
unless the County's Licensing Supervisor or the CLB orders otherwise. If any person with
standing claims that fundamental error has occurred and such error is capable of being corrected,
a request for a rehearing by the CLB must be filed with county staff. The CLB must issue its
Final Order on Rehearing before any request for any type of appellate review can be filed with
any court.
5.1.2. lfthe Contractors' Licensing Board determines it will grant a rehearing, it shall:
a. Conduct a hearing where the parties will be given the opportunity of
presenting evidence and/or argument which may be limited by the Board to the specific issues for
which the rehearing was granted.
b. Affirm, modify, or reverse its prior decision, with or without receiving
further evidence, providing that the change(s) is/are based on a finding that the prior decision of
the Board resulted from fundamental error or a ruling on a question of law or of fact which the
Board has been informed by its counsel was fundamental error or an erroneous ruling and that
further Board action is required to correct such error(s).
44
Words stFue][ tRreNgII are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 47 of 48
5.2. Appellate-type Review.
5.2.1. Each disciplinary action of the CLB is quasi-judicial. Each person or entity found
to be in violation of this Ordinance may appeal a decision of the Contractors' Licensing Board to
the Collier County Circuit Court as authorized by subsection 489. I 27(5)(k), Florida Statutes, in
confonnity with Florida Rules of Appellate Procedure, and subject to mandatory prerequisite
rehearing under section 5.1, above, if the error is correctable. Such an appeal shall not be a
hearing de novo but shall be limited to appellate review of the record created before the CLB in
accord with Florida Rules of Appellate Procedure. Any appeal shall be filed with the Circuit
Court and be served on the parties within thirty (30) days of the rendition of the effective Final
Order of the Board. If there has been a re-hearing request, the appeal shall be filed with the
Circuit Court and be served on the parties within thirty (30) days of the rendition of the Board's
decision on re-hearing.
5.2.2. In the event the person or entity found to be in violation of this Ordinance should
elect to appeal, a verbatim record and transcript relevant to the case shall be as required by
Florida Rules of Appellate Procedure. It shall be the sole responsibility of the person or entity
seeking such review to ensure that a record is made from which a transcript may be prepared
which includes the testimony upon which an appeal may be taken. Neither Collier County nor
the CLB shall have any responsibility to provide a verbatim record transcript of the proceedings.
5.2.3. Subpoenas. Any party or the attorney for a party to a proceeding before the CLB
may acquire from staff free subpoenas for witnesses and/or for production of tangible evidence,
but not for any deposition. Rule 1.410 of Florida Rules of Civil Procedure apply thereto. As
used in Rule 1.410, "Court" shall mean "the CLB" and "Clerk" shall mean "county staff." Each
subpoena must be issued by the party or by an attorney for that party.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any ordinance of an applicable Municipal
Corporation or of Collier County, or with any superseding statutory provision, the more
restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES.
The provision of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. Provisions of this Ordinance may be renumbered or
45
Words liB'lIsl, dwallgft are deleted; words underlined are added.
Agenda Item No. 17G
October 10, 2006
Page 48 of 48
relettered to accomplish same, including the word "ordinance" may be changed to "section",
"subsection", "article", or other appropriate word.
SECTION FOUR: EFFECl1VE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board. of County Commissioners of Collier
County, Florida. this
day of
,2006.
A TTBST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, Chairman'
Approved as to form and
legal sufficiency:
~/~
obert N. chary
Assistant County Attorney
HIRNZIOnI\CLB 2006