Backup Documents 05/22-23/2007 R
BCC
REGULAR
MEETING
BACK-UP
DOCUMENTS
MAY 22, 2007
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
May 22 - 23, 2007
8:00 AM
Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman
Tom Henning, BCC Vice-Chairman, District 3
Donna Fiala, BCC Commissioner, District 1; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC 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. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, 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."
Page 1
May 22-23, 2007
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.
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 IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 5/0
B. April 24, 2007 - BCC/Regular Meeting
Approved as Presented - 5/0
C. May I, 2007 - BCC/City of Naples Joint Workshop
Approved as Presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
5. PRESENTATIONS
A. Presentation by John Torre, Director, Communications and Customer
Relations, of the 2007 Citizen Survey.
Page 2
May 22-23, 2007
Presented
6. PUBLIC PETITIONS
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. An Ordinance
requesting authorization for Artesia Naples Community Development
District Board of Supervisors to exercise certain additional powers for
persons and property residing in the Artesia Naples Community
Development District (CDD).
Ordinance 2007-45 Adopted - 5/0
B. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition: PUDZ-A-
2005-AR-7422 (KD) Larry Abbo, as vice president of Prime Homes at
Portofino Falls, Ltd., represented by David R. Underhill, Jr. of Banks
Engineering and Robert D. Pritt of Roetzel & Andress, L.P.A.; and William
L. Hoover, as president of Catalina Land Group Inc., who is represented by
David R. Underhill, Jr., of Banks Engineering and Richard D. Yovanovich
of Goodlette, Coleman and Johnson, P.A., are requesting a rezone from the
Rural Agricultural (A) and Planned Unit Development (PUD) zoning
districts to the Residential Planned Unit Development (RPUD) zoning
district, to add 20.26 acres and 80 dwelling units to the Wolf Creek RPUD
for a total of 167.96 acres and 671 dwelling units, which may be single- or
multi-family dwellings, and amend the PUD document and associated
Master Plan. The applicant also proposes to reduce the maximum height of
multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories;
and eliminate nursing homes, private schools, adult living facilities and
churches as allowable conditional uses. The subject property is located on
the north side of Vanderbilt Beach Road, approximately one half mile west
of Collier Boulevard in Section 34, Township 48 South, Range 26 East,
Collier County, Florida. (Companion Item to the Falls of Porto fino
Community Development District (CDD))
Ordinance 2007-46 Adopted W/stipulations - 5/0
Page 3
May 22-23, 2007
C. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Recommendation to
consider adoption of an Ordinance establishing the Falls of Portofino
Community Development District (CD D) pursuant to Section 190.005,
Florida Statutes. This item is a companion to item RZ-2005-AR-7422 Wolf
Creek PUD.
Denied - 2/3 (Commissioner Fiala, Commissioner Halas and
Commissioner Henning opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Immokalee Beautification Advisory
Committee.
Resolution 2007-139: Appointing Andrea Halman - Adopted 5/0
B. Appointment of member to the Collier County Airport Authority.
Resolution 2007-140: Appointing Franklin D. Secrest - Adopted 5/0
C. Appointment of member to the Habitat Conservation Plan Ad-Hoc Advisory
Committee.
Resolution 2007-141: Appointing Elizabeth A. Wendt - Adopted 5/0
D. Appointment of member to the Collier County Coastal Advisory Committee.
Resolution 2007-142: Appointing Maurice James Burke - Adopted 4/1
(Commissioner Henning opposed)
E. Recommendation that the Board of County Commissioners indicate intent to
renegotiate the County Attorney Employment Agreement with David C.
Weigel and approve an Addendum to the Agreement. (Commissioner
Coletta)
Motion to approve item - Denied 2/3 (Commissioner Coyle,
Commissioner Halas, and Commissioner Fiala opposed)
Motion to start a search for a new County Attorney - Approved 3/2
(Commissioner Henning and Commissioner Coletta opposed)
F. Commissioner Henning requesting the Board of County Commissioners to
approve and authorize reimbursement of reasonable legal fees and costs.
Approved - 4/0 (Commissioner Henning abstained)
10. COUNTY MANAGER'S REPORT
Page 4
May 22-23, 2007
A. This item to be heard at 4:00 p.m. Recommendation that the Board of
County Commissioners accept the findings of the report entitled Collier
County Impact Fee Indexing Study prepared by Tindale-Oliver and
Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as
directed by the Board of County Commissioners, and direct the County
Manager or his designee, to finalize the study, prepare the necessary
amendments to Chapter 74 of the Collier County Code of Laws and
Ordinances, the same being the Collier County Consolidated Impact Fee
Ordinance, to incorporate the changes to the indexing methodologies and
corresponding changes to the impact fee rate schedules for consideration by
the Board of County Commissioners at a future meeting(s).(Joseph K.
Schmitt, Administrator, Community Development and Environmental
Services Division)
Approved - 4/1 (Commissioner Henning opposed)
B. This item to be heard at 4:30 p.m. Recommendation that the Collier
County Board of County Commissioners (BCC) approve a budget
amendment totaling $250,000 from FY07 Fund 186 reserves to assist with
the establishment of a Florida State University School of Medicine rural
health training center in Immokalee. (Companion item to Community
Redevelopment Agency approval of expenditure under 14A to be considered
following action on 14A) (Joseph K. Schmitt, Administrator, Community
Development and Environmental Services Division)
Approved - 5/0
C. The County Managers Zoning Department staff would like discuss with the
Board of County Commissioners, the impacts of the current requirements of
the Land Development Code as they relate to the Mixed Use Project (MUP)
approval process permissible in the Bayshore and Bayshore Triangle
Overlay Zoning Districts, specifically as they relate to the Arboretum
Village project which was approved by the Board of County Commissioners
on September 12, 2006. They also request affirmation that a 3 or more year
time frame for physical construction of this project, as now proposed by the
developer and as evidenced by the initial SDP submittal for administrative
review, does not conflict with the intent of the Board when they approved
this project in terms of the awarding of density bonus units, and furthermore
that it does not conflict with the Boards potential plans to build a parking
garage in the Bayshore redevelopment area as discussed at the public
hearing approving this project. (Joseph K. Schmitt, Administrator,
Community Development & Environmental Services Division)
Page 5
May 22-23, 2007
Motion was made to take no action - Approved 5/0
D. Recommendation that the Board of County Commissioners accept an interim
report from the Habitat Conservation Plan Advisory Committee and provide
the Committee direction for future efforts. (Joseph K. Schmitt,
Administrator, Community Development & Environmental Services
Division)
Approved W /stipulations - 5/0
(May 23, 2007)
E. Recommendation to approve an Agreement for Sale and Purchase with
George P. Langford, as Trustee of the R. R. Land Trust dated the 1 st day of
December, 1998 for 55.35 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $10,687,700. (Len Price,
Administrator, Administrative Services)
Approved - 3/0 (Commissioner FiaIa and Commissioner Coyle absent)
(May 23, 2007)
F. Recommendation to approve the Winchester Head Multi-parcel project as a
Category A project on the current Conservation Collier Active Acquisition
List and direction for the County Manager or his designee to actively pursue
properties within this project, considering conditions provided by the Board
of County Commissioners and a risk reduction approach developed by staff.
(Len Price, Administrator, Administrative Services)
Approved 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
G. Recommendation to conduct the Conservation Collier Annual Public
Meeting to provide an update on the Programs past activities, to solicit
proposals and applications, and to approve the Fifth Cycle Target Protection
Areas (TP A) mailing strategy. (Len Price, Administrator, Administrative
Services)
Resolution 2007-143 Adopted 3/0 (Commissioner Fiala and
Commissioner Coyle absent)
H. Recommendation to enter into a supplemental agreement with the South
Florida Water Management District (SFWMD) related to a September 23,
2003 agreement that conveys or causes to be conveyed at no cost to Collier
County fee simple interest to 640 contiguous acres, more or less, for Off
Highway Vehicle (OHV) Use and approve any and all budget amendments
Page 6
May 22-23, 2007
deemed necessary in association with this action. (Marla Ramsey,
Administrator, Public Services)
Approved w/modifications that were on the Agenda Change Sheet - 5/0
I. This item to be heard at 9:00 a.m. Recommendation to approve the
Interlocal Agreements between Collier County and the City of Naples, City
of Marco, East Naples, and North Naples Fire Departments for an Advanced
Life Support Engine Partnership Program.
Approved - 5/0
(May 23, 2007)
J. Recommendation to approve an agreement with the District School Board of
Collier County for transporting school-age recreation program participants at
an estimated cost of $90,000. (Marla Ramsey, Administrator, Public
Services) [Item of Interest-Commissioner Henning]
Approved w/change - 3/0 (Commissioner Fiala and Commissioner Coyle
absent) : Funds to come out of Fund 111
(May 23, 2007)
K. To seek Board direction on the acquisition of a parcel of property owned by
the City of Marco Island as a result of a follow-up discussion with the City
of Marco Island. (Project No. 6000 I)
Motion to bring back at a later date (Commissioner Fiala and
Commissioner Colye absent) Approved - 3/0
(May 23, 2007)
L. Recommendation to accept and approve a 2005 Disaster Recovery Subgrant
Agreement between the Department of Community Affairs and Collier
County for $2,339,882 and an associated budget amendment to implement
the Disaster Recovery Initiative programs, and to adopt a Resolution
approving and authorizing the Chairman to sign the Agreement, and to
delegate to the County Manager or his designee the authority to submit
required reports or other documents which are solely ministerial in nature.
(Marla Ramsey, Administrator, Public Services)
Resolution 2007-144 Adopted - 3/0 (Commissioner Fiala and
Commissioner Coyle absent)
Continued to the June 12, 2007 BCC Meeting
M. Recommendation that the Board of County Commissioners Adopt a
Resolution Declaring a Valid Public Purpose for Accepting Voluntary
Page 7
May 22-23, 2007
Donations Made Directly to the County for Affordable-Workforce Housing,
Establishing an Affordable-Workforce Housing Trust Fund and Providing
General Guidelines for Use of Monies in the Affordable-Workforce Housing
Trust Fund. (Marla Ramsey, Administrator, Public Services)
(May 23, 2007)
N. Recommendation to sign the formal Hazard Mitigation Grant Program
(HMGP) application for $1,639,225 in HMGP funds to be used towards the
construction of the new Collier County Emergency Operations Center
(EOC)
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
O. Recommendation to approve budget amendments recognizing the Fiscal
Year 2007-08 U.S. Department of Housing and Urban Development (HUD)
entitlement funding, and State Housing Initiatives Partnership Program
(SHIP) allocations. ($7,173,560)
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
P. Providing requested information about potential for contributing $500,000
from Conservation Collier funds to assist the City of Naples in building trail
and bridge on City-owned land as part of the Gordon River Greenway.
Motion to continue item to the next meeting - Approved 3/0
(Commissioner Fiala and Commissioner Coyle absent)
Moved from Item #16A11
Q. Recommendation to approve a Release and Satisfaction of Code
Enforcement Lien for payment received.
Approved - 4/0 (Commissioner Coyle out)
Moved from Item #16G1; Further Moved to Item #14B
R. To approve and execute Site Improvement Grant Agreement(s) between the
Collier County Community Redevelopment Agency and a Grant
Applicant(s) within the Bayshore Gateway Triangle Community
Redevelopment area. ($8,000)
(May 23, 2007)
Moved from Item #16D1
Page 8
May 22-23, 2007
S. Recommendation that the Board of County Commissioners approves, and
authorizes the County Manager to sign, a lien agreement with Ethel D.
Warren (Owner) for deferral of 100% of Collier County impact fees for an
owner-occupied affordable housing unit located at Lot 100 Independence
Phase II, Immokalee
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
Moved from Item #16D2
T. Recommendation that the Board of County Commissioners approves, and
authorizes the County Manager to sign, a lien agreement with Marie Dume
(Owner) for deferral of 100% of Collier County impact fees for an owner-
occupied affordable housing unit located at Lot 7 Trail Ridge
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
Moved from Item #16D3
U. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, a lien agreement with Jeannine Mathurin
(Owner) for deferral of 100% of Collier County impact fees for an owner-
occupied affordable housing unit located at Lot 97 Independence Phase II,
Immokalee
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
Moved from Item #16D4
V. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, a lien agreement with Amy Cantu (Owner)
for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 79 Independence Phase II,
Immokalee.
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
Moved from Item #16D5
W. Recommendation that the Board of County Commissioners approves, and
authorizes the County Manager to sign, a lien agreement with Marie
Mathurin (Owner) for deferral of 100% of Collier County impact fees for an
owner-occupied affordable housing unit located at Lot 147 Trail Ridge.
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
Page 9
May 22-23, 2007
(May 23, 2007)
Moved from Item #16D6
X. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, a lien agreement with Cirilo Sanchez and
Benigna Trejo (Owners) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 89
Independence Phase II, Immokalee.
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
Moved from Item #16D7
Y. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, a lien agreement with Madai Avalos
(Owner) for deferral of 100% of Collier County impact fees for an owner-
occupied affordable housing unit located at Lot 196 Trail Ridge.
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
Moved from Item #16D8
Z. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, a lien agreement with Raudel Salazar and
Maria Salazar (Owners) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 129
Independence Phase II, Immokalee
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
Moved from Item #16D9
AA. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, a lien agreement with Mireya Escobedo
(Owner) for deferral of 100% of Collier County impact fees for an owner-
occupied affordable housing unit located at Lot 98 Trail Ridge.
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
Moved from Item #16D11
BB. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, a lien agreement with Silvia Aguilar
(Owner) for deferral of 100% of Collier County impact fees for an owner-
Page 10
May 22-23, 2007
occupied affordable housing unit located at Lot 81 Independence Phase II,
Immokalee.
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
Moved from Item #16D13
CC. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, a lien agreement with George Pierre and
Remercile Giles (Owners) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Pearce
Subdivision Block 2 Lot 18, Immoka1ee.
Approved - 3/0 (Commissioner Fiala and Commissioner Coyle absent)
(May 23, 2007)
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Mr. Ferguson: GMP Amendment request for continuance
B. Kenneth Thompson: Neighborhood issues
12. COUNTY ATTORNEY'S REPORT
A.
Added
B.
Added
C.
That the Board of County Commissioners consider the results of the survey
of Goodland residents and determine whether or not to proceed with
proposed amendments to the Goodland Zoning Overlay as well as the
creation of a Goodland Advisory Board.
Motion to take no action - Approved 5/0
This item to be heard at 12:00 Noon. Notice of Closed Attorney-Client
Session. Settlement negotiations and strategy relating to litigation
expenditures in the pending litigation case of William Litsinger v. Collier
County, Florida and Fred Coyle, individually, Case No. 06-432-CA, now
pending in the Twentieth Judicial Circuit in and for Collier County.
Closed Session
Board of County Commissioners to provide action/direction to the Office of
the County Attorney as to any Settlement Negotiations and Strategy Relating
to Litigation Expenditures in William Litsinger v. Collier County, Florida
and Fred Coyle, individually, Case No. 06-432-CA, now pending in the
Twentieth Judicial Circuit and in and of Collier County, Florida.
Page 11
May 22-23, 2007
Approved w/stipulations 4/0 A settlement offer of $290,000.00
(Commissioner Coyle abstained)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. This item to be heard at 4:30 p.m. Recommendation that the Community
Redevelopment Agency (CRA) approve the expenditure of $250,000 from
FY07 Fund 186 reserves to assist with the establishment of a Florida State
University School of Medicine rural health training center in Immokalee.
(Companion item to the Board of County Commissioners budget
amendment approval under lOB to be considered before lOB)
Approved 5/0
Moved from Item #16G1; Further Moved from Item #14B
B. To approve and execute Site Improvement Grant Agreement(s) between the
Collier County Community Redevelopment Agency and a Grant
Applicant(s) within the Bayshore Gateway Triangle Community
Redevelopment area. ($8,000)
Approved 4/1 (Commissioner Henning opposed)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Mudd for Commissioner Fiala: Item #16A2 asked the Board
Members to reconsider and bring item back to a future meeting
Motion to reconsider item - Approved 3/0 (Commissioner Fiala and
Commissioner Coyle absent); Motion to continue item to June 12 BCC
meeting - Approved 3/0 (Commissioner Fiala and Commissioner Coyle
absent)
B. Mr. Mudd for Commissioner Fiala: to bring a resolution to the next
BCC Meeting regarding identity theft and false ID's
C. Mr. Mudd for Commissioner Coyle: Ord. 01-55 and Ord. 06-39
regarding the requirements for advisory boards and having to vacate
board membership if running for Public Office
D. Commissioner Henning: Ordinance from 1979 regarding Growth
Management and Affordable Housing
Page 12
May 22-23, 2007
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted with Changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearin2 be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Arezzo at Tuscany Reserve.
Developer must receive a Certificate of Adequate Public Facilities
prior to the final approval letter
2) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearin2 be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Silver Lakes Phase Two-G
Continued Item to June 12 BCC meeting - Approved 3/0
Commissioner Fiala and Commissioner Coyle absent)
3) To accept final and unconditional conveyance of the water facility for
Forest Glen, Parcel 7.
W /release of the Utilities Performance Security
4) To accept final and unconditional conveyance of the water facility for
Forest Glen, Parce14
W /release of the Utilities Performance Security
5) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearin2 be held on this item, all
participants are required to be sworn in. Recommendation to grant
final approval of the roadway (private) and drainage improvements
for the final plat of Mediterra Unit One, the roadway and drainage
improvements will be privately maintained
Resolution 2007-124
Page 13
May 22-23, 2007
6) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearin2 be held on this item, all
participants are required to be sworn in. Recommendation to grant
final approval of the roadway (private) and drainage improvements
for the final plat of Summit Place in Naples, Phase I, the roadway and
drainage improvements will be privately maintained.
Resolution 2007-125
7) To accept final and unconditional conveyance ofthe water facility for
Foxfire Club Expansion.
W /release of the Utilities Performance Security
8) Recommendation to approve final acceptance of the water and sewer
utility for Milano, Phase 1A.
W /release of the Utilities Performance Security
9) Recommendation to approve final acceptance of the water and sewer
utility facilities for Milano, Phase 2A.
W/release ofthe Utilities Performance Security
10) Recommendation to accept a Proposed Settlement Agreement
providing for Compromise and Release of Lien in the Code
Enforcement Action entitled Collier County v. James Keiser and
Southern Exposure of Naples, Inc., Case No. CEB 98-005.
As detailed in the Executive Summary
Moved to Item #10Q
11) Recommendation to approve a Release and Satisfaction of Code
Enforcement Lien for payment received.
B. TRANSPORTATION SERVICES
1) Recommendation to approve the Collier Metropolitan Planning
Organizations (MPO) Operating Budget for FY 2007/08, including
$10,221 County match for Federal Highway Administration Planning
and Federal Transit Administration Section 5303 grants.
2) Recommendation that the Board of County Commissioners approve a
Resolution authorizing the Chairman of the Board of County
Commissioners to execute a Local Agency Program Agreement
Page 14
May 22-23, 2007
(LAP) with the Florida Department of Transportation (FDOT) in
which Collier County would be reimbursed up to $306,205 of the total
estimated cost of$420,000 for the design, construction, engineering
and inspection of intersection improvements at the intersection of
III th (Bluebill) and 8th Street.
Resolution 2007-126
3) Recommendation to approve a Resolution of the Collier County
Board of County Commissioners (BCC) authorizing the submission of
the Transportation Disadvantaged Trust Fund Trip/Equipment Grant
Application with the Florida Commission for the Transportation
Disadvantaged (CTD). ($608,398)
Resolution 2007-127
4) Recommendation to approve the purchase of two fixed-route buses as
scheduled replacements to be operated by Collier Area Transit.
($648,652)
5) Recommendation to approve the submission of the attached Florida
Department of Transportation (FDOT) Public Transit Service
Development Grant project proposal request for 100% grant funding
in the amount of$816,512.
For a new route to provide regional transit connection service
from Collier Area Transit to LeeTran of Lee County
6) Approve a Budget Amendment recognizing an additional $993,198 in
Federal Transit Administration Grant Section 5307 funds for Fiscal
Year 06/07.
7) Recommendation to approve the purchase of 2.90 acres of improved
property required for road right of way for the Vanderbilt Beach Road
extension project. Project No. 60168 (fiscal impact: $723,148.50).
The subject property contains a partially constructed single-
family residence in Golden Gate Estates
8) Recommendation for the Board of County Commissioners to direct
the Road and Bridge Department of the Transportation Division to
spray herbicide on vegetation in the bottom of a swale/canal/ditch that
drains approximately 1000 acre basin that includes The Boyne South
Page 15
May 22-23, 2007
PUD, a portion of US 41, and some agricultural property north and
south of US 41. ($2,500)
Located between Fiddler's Creek to the west and National Park
Service property to the east
9) Recommendation to approve Change Order No. I to Professional
Service Agreement No. 05-3865 in the amount of$503,793 with
CH2MHILL, Inc., for the design of Collier Boulevard Road
Improvements from Golden Gate Boulevard to Golden Gate Main
Canal, Project No. 68056.
C. PUBLIC UTILITIES
1) Recommendation to approve two Budget Amendments in the total
amount of $1 07,10 I to reallocate budgeted FY07 personnel costs from
the Public Utilities Engineering Cost Center and transfer budgeted
FY07 personnel costs from the Solid Waste Disposal Scale House
Operations Cost Center to reflect the two FTE transfers in this fiscal
year to the Financial Operations Cost Center.
2) Recommendation to approve the Satisfaction for a certain Water
and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50
to record the Satisfaction of Lien.
3) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the county has
received payment and said Liens are satisfied in full for the 1991
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30.00 to record the Satisfactions of Lien.
Resolution 2007-128
4) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1992
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $50.00 to record the Satisfactions of Lien.
Resolution 2007-129
5) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
Page 16
May 22-23, 2007
received payment and said Liens are satisfied in full for the 1993
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $60.00 to record the Satisfactions of Lien.
Resolution 2007-130
6) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1994
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $50.00 to record the Satisfactions of Lien.
Resolution 2007-131
7) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1995
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $80.00 to record the Satisfactions of Lien.
Resolution 2007-132
8) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1996
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $90.00 to record the Satisfactions of Lien.
Resolution 2007-133
9) Recommendation to reaffirm the use of Ashbritt Environmental Inc.
(Contract 05-3661) and Solid Resource Inc. (Contract 05-3831) as the
County's 2007 Hurricane Season debris removal and monitoring
contractors for operational readiness.
For right-of-ways throughout Collier County
10) Recommendation to accept Rights of Entry required for the
replacement and rehabilitation of the water distribution system serving
the Dalton and Cypress Mobile Home Parks on Auto Ranch Road at a
recording cost not to exceed $1,000, Project 710 101.
To comply with Collier County Utility Standards
D. PUBLIC SERVICES
Page 17
May 22-23, 2007
Moved to Item #10S
1) Recommendation that the Board of County Commissioners approves,
and authorizes the County Manager to sign, a lien agreement with
Ethel D. Warren (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 100 Independence Phase II, Immokalee. (Deferral in the amount
of $8, 166.25)
Moved to Item #10T
2) Recommendation that the Board of County Commissioners approves,
and authorizes the County Manager to sign, a lien agreement with
Marie Dume (Owner) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Lot 7
Trail Ridge. (Deferral in the amount of$12,143.84)
Moved to Item #10U
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jeannine
Mathurin (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 97
Independence Phase II, Immokalee. (Deferral in the amount of
$8,158.66)
Moved to Item #10V
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Amy
Cantu (Owner) for deferral of 100% of Collier County impact fees for
an owner-occupied affordable housing unit located at Lot 79
Independence Phase II, Immokalee. (Deferral in the amount of
$8,158.66)
Moved to Item #10W
5) Recommendation that the Board of County Commissioners approves,
and authorizes the County Manager to sign, a lien agreement with
Marie Mathurin (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 147 Trail Ridge. (Deferral in the amount of$12,143.84)
Moved to Item #10X
Page 18
May 22-23, 2007
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Cirilo
Sanchez and Benigna Trejo (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 89 Independence Phase II, Immokalee. (Deferral in the
amount of$8,158.66)
Moved to Item #10Y
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Madai
Avalos (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 196
Trail Ridge. (Deferral in the amount of$19,372.52)
Moved to Item #10Z
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Raudel
Salazar and Maria Salazar (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 129 Independence Phase II, Immokalee. (Deferral in the
amount of$8,166.25)
Moved to Item #10AA
9) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Mireya
Escobedo (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 98 Trail
Ridge. (Deferral in the amount of$12,143.84)
10) Recommendation to approve a Lease Agreement with the School
District of Collier County for the continued use of property adjacent
to East Naples Community Park with no annual cost.
Adjacent to Avalon Elementary School
Moved to Item #10BB
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Silvia
Aguilar (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 81
Page 19
May 22-23, 2007
Independence Phase II, Immokalee. (Deferral in the amount of
$8,158.66)
12) Recommendation to approve submission of the 2007 Continuum of
Care (CoC) Homeless Assistance Consolidated Grant Application to
the United States Department of Housing and Urban Development
(HUD), and authorize the Chairman to sign the application on behalf
of Collier County and the Board of County Commissioners.
($443,645)
The projects are the Shelter for Abused Women and Children
Transitional Housing Support and Operations and Collier County
Hunger & Homeless Coalition Homeless Management
Information System
Moved to Item #10CC
13) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with George
Pierre and Remercile Giles (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Pearce Subdivision Block 2 Lot 18, Immokalee. (Deferral in
the amount of $19,307.16)
E. ADMINISTRATIVE SERVICES
1) Recommendation to award Bid #No. 07-4110 On-Call Roofing
Contractor Services to Crowther Roofing and Sheet Metal of Florida,
Inc. as primary, Advanced Roofing, Inc. as secondary Gulf Western
Roofing and Sheet Metal, Inc. as the third vendor for Roofing
Services. (annual cost estimate $600,000)
For maintenance on all County building roofs and roof
accessories
2) Recommendation to award RFP #07-4101 Annual Contract for ADA
Surveying and ADA Specific Architectural Design to CH2MHILL to
provide accessibility surveys, create a County ADA Master
Plan/Transition Plan, providing programming, program verification,
conceptual and schematic designs and overall ADA design and
planning consultation services. ($100,000)
Page 20
May 22-23, 2007
3) Recommendation to accept the after-the-fact approval by the County
Manager of a Capability Survey requested by the District School
Board of Collier County that supports the School Districts Grant
Application for the Toyota Family Literacy Program (TFLP).
Funding for literary services to be deyeloped in Hispanic/Latino
Communities
4) Recommendation to approve an Agreement for Sale and Purchase
with William C. Scherer and Irene K. Scherer for 80.00 acres under
the Conservation Collier Land Acquisition Program, at a cost not to
exceed $548,000.
Located within the McIIvane Marsh area, south of US 41 and west
of Collier Seminole State park
5) To approve a price adjustment under contract 05-3796 - "Traffic Sign
Materials and Related Items".
Due to an aluminum price increase
6) Recommendation to approve an Agreement for Sale and Purchase
with James L. Price, Jr. for 20.00 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $141,200.
Located within the McIlvane Marsh area, south of US 41 and west
of Collier Seminole State park
7) Recommendation to approve an Agreement for Sale and Purchase
with Thomas J. Connolly, Successor Trustee under the Edward L.
Connolly, Jr. Revocable Trust Agreement, dated June 16, 1993 for
70.00 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $480,200.
Located within the McIIvane Marsh area, south of US 41 and west
of Collier Seminole State park
8) Recommendation to approve an Agreement for Sale and Purchase
with Ralph A. Calo and Barbara Calo for 40.00 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $276,700.
Located within the McIIvane Marsh area, south of US 41 and west
of Collier Seminole State park
Page 21
May 22-23, 2007
9) Recommendation to approve an Agreement for Sale and Purchase
with Robert Reed Rivers, Jr. and Karl Lewis Predmore for 19.54 acres
under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $139,500.
Located within the McIIvane Marsh area, south of US 41 and west
of Collier Seminole State park
10) Recommendation to approve an amendment to the Collier County
Driver Education Grant Program.
Due to changes in the Ordinance adopted on April 24, 2007
11) Recommendation to approve Amendment No. 02 to the Agreement
with Collier County District School Board for the Driver Education
Grant Program.
For summer school for private and public high school students
12) Recommendation to award RFP #No. 07-4100 Air Filtration Services
to Kleen Air Research, Inc. in an estimated annual amount of
$153,000.00.
For maintenance and repair on all air conditioning equipment
throughout the County
F. COUNTY MANAGER
1) Recommendation to approve Memorandum of Understanding for
County emergencies between Collier County and Emmanuel Lutheran
Church of Collier County.
To coordinate relief efforts at the time of a disaster
2) Recommendation to approve an amendment to the Certificate of
Public Convenience and Necessity for NCH Healthcare System for
non-emergency ambulance service.
To allow for fluctuations in patient census
3) Recommendation to approve the after-the-fact submittal of the
attached Assistance to Firefighters Grant application to the Federal
Emergency Management Agency for the installation of powered
computer mounting systems, including docking stations, to provide
Mobile Data Terminal capability in Emergency Medical Services
ambulances and command vehicles for a total of$61,200.
Page 22
May 22-23, 2007
4) Recommendation to approve the outsourcing of Emergency Medical
Services (EMS) billing functions to Automated Data Processing, Inc.
(AD PI) by piggybacking on the Seminole County Agreement #RFP-
0780-05/TRJ for an estimated additional cost of$273,019 in FY 08,
resulting in a projected increase in gross revenues of $1 ,296,270 in
FY08 (the first full year of implementation).
To ensure more efficient and effective collection process
5) Recommendation to approve Memorandum of Understanding for
County emergencies between Collier County and Moorings
Presbyterian Church of Collier County.
To coordinate relief efforts at the time of a disaster
6) Authorize a budget amendment of $231,000.00 from reserves to the
Department of Emergency Management to support the purchase of
seven (7) portable generators from Godwin Pumps of America under
bid number (063953) to improve the disaster response capability for
Collier County.
To provide temporary power to at least 50% of designated
evacuation shelters
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
Moved to Item #10R; Further Moved to Item #14B
1) To approve and execute Site Improvement Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area. ($8,000)
2) Recommendation for the Community Redevelopment Agency to
approve the purchase of a vacant residential (mobile home) lot in the
Bayshore area of the CRA as part of a CRA residential infill project;
to approve payment from and authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line
of Credit in the amount of $11 0,250.00 plus cost and expenses to
complete the sale of subject property; and approve any and all
necessary budget amendments. Site address: 4005 Harvest Court,
Naples, FI 34112.
Page 23
May 22-23, 2007
3) Recommendation for the Community Redevelopment Agency to
approve the purchase of a vacant residential (mobile home) lot in the
Bayshore area of the CRA as part of a CRA residential infill project;
to approve payment from and authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line
of Credit in the amount of $11 0,250.00 plus cost and expenses to
complete the sale of subject property; and approve any and all
necessary budget amendments. Site address: 3991 Harvest Court,
Naples, FL 34112.
4) Recommendation for the Community Redevelopment Agency to
approve the purchase of a vacant residential (mobile home) lot in the
Bayshore area of the CRA as part of a CRA residential in fill project;
to approve payment from and authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line
of Credit in the amount of $114,500 plus cost and expenses to
complete the sale of subject property; and approve any and all
necessary budget amendments. Site address: 3979 Harvest Court,
Naples, FL 34112.
5) Recommendation for the Community Redevelopment Agency to
approve the purchase of a residential (mobile home) lot and trailer in
the Bayshore area of the CRA as part of a CRA residential infill
project; to approve payment from and authorize the CRA Chairman to
make a draw from the Bayshore Gateway Triangle CRA Wachovia
Bank Line of Credit in the amount of$90,000 plus cost and expenses
to complete the sale of subject property; and approve any and all
necessary budget amendments. Site address: 3032 Van Buren Avenue.
6) Recommendation for the CRA Board to approve an agreement letter
assigning the current lease for additional office space for Bayshore
Gateway Triangle CRA operations to a new location within the same
commercial building at no additional cost and authorize the CRA
Chairman to sign.
At 2740 Bayshore Drive
H. BOARD OF COUNTY COMMISSIONERS
Page 24
May 22-23, 2007
1) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Fifth Annual Tourism Week Celebration
Luncheon on May 16,2007 and is requesting reimbursement in the
amount of $30.00, to be paid from his travel budget.
Held at The Ritz-Carlton Golf Resort
2) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Ave Maria Univeristy's Commencement
Ceremonies and luncheon and is requesting reimbursement in the
amount of $12.00, to be paid from his travel budget.
To honor the graduates of the newest university in Collier
3) Proclamation to designate May 25,2007 as National Missing
Children's Day to encourage all community members to teach a child
important, possibly life-saving, safety tips as part of the continuing
efforts in Collier County to prevent abduction and sexual exploitation
of children. To be mailed to Ms. Kathleen Curatolo, Executive
Director, National Center for Missing and Exploited Children, Collier
County.
Adopted
4) Proclamation designating May 20 - May 26, 2007 as Collier County
Emergency Medical Services Week. To be sent to Jeff Page, Chief,
Collier County EMS.
Adopted
5) Proclamation to designate May 2007 as Mental Health Awareness
Month. To be sent to Ms. Petra Jones, Executive Director, The Mental
Health Association of Southwest Florida.
Adopted
6) Proclamation designating May 21,2007 to May 25,2007 as
Immokalee Foundation Week. To be mailed to the Immoka1ee
Foundation.
Adopted
I. MISCELLANEOUS CORRESPONDENCE
Page 25
May 22-23, 2007
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain board approval for disbursements for the period of April 28,
2007 through May 04, 2007 and for submission into the official
records of the board.
As detailed in the Executive Summary
2) To obtain board approval for disbursements for the period of May 05,
2007 through May 11,2007 and for submission into the official
records of the board.
As detailed in the Executive Summary
3) Recommend that the Board of County Commissioners serve as the
Local Coordinating Unit of Government in the Florida Department of
Law Enforcement's Fiscal Year 2008 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program and designate the Sheriff as the
Official Applicant, Sheriffs office staff as Grant Financial and
Program Managers, approve the Grant Application when completed,
and authorize acceptance of awards and associated budget
amendments.
For the child abuse/sexual predator program
4) Recommend that the Board of County Commissioners designate the
Sheriff as the Official Fiscal Year 2007 applicant and program point-
of-contact for the United States Department of Justice, Bureau of
Justice Assistance, Edward Byrne Memorial Justice Assistance Grant
(JAG) Program, accept the Grant when awarded, and approve
applicable budget amendments.
For law enforcement office oyertime and benefits
5) Recommendation to approve a Resolution between the Board of
County Commissioners and Embarq Telephone Company of Florida.
Resolution 2007-134
6) Report to the Board of County Commissioners regarding the
disposition of assets no longer deemed to serve a useful function or to
have a commercial value.
K. COUNTY ATTORNEY
Page 26
May 22-23, 2007
1) Recommendation to approve the Offer of Judgment in the amount of
$32,100 as to Parcel 163 in the lawsuit styled Collier County v.
Thomas F. Salzmann, et a!., Case No. 03-2550-CA (Golden Gate
Parkway Project No. 60(27). (Fiscal Impact $7,446.00)
For property acquired through an Order of Taking
2) Recommendation to Approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement in the amount
of$165,000.00 for the acquisition of Parcels 112 and 712 in the
lawsuit styled Collier County v. Raymond A. McCauley, et a!., Case
No. 05-0633-CA (County Road 951 Project No. 65061). (Fiscal
Impact: $104,600.00)
3) Recommendation to Approve an Amended Stipulated Final Judgment
as to Parcel 101 in the Lawsuit Styled Collier County v. Roberto
Bollt, Successor Trustee, Under Land Trust Agreement dated 1/27/86,
et a!., Case No. 00-2433-CA (Randall Boulevard/lmmokalee Road
Intersection) Project #60171. (Fiscal Impact: None)
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 to
approve Petition A VPLAT-2007-AR-11489, disclaiming, renouncing, and
vacating the Countys and the Publics interest in a portion of a combined
Lake Maintenance Easement, Drainage Easement, and Irrigation Easement
lying over Tract B, Prestwick Place, a subdivision as recorded in Plat Book
Page 27
May 22-23, 2007
46, Pages 9 through 14 of the Public Records of Collier County, Florida,
situated in Section 28, Township 50 South, Range 26 East, Collier County,
Florida, and being more particularly described in Exhibit A.
Resolution 2007-135
B. This item has been requested bv the Petitioner to be continued to the
June 12, 2007 BCC Meeting. This item requires that all participants be
sworn in and ex parte disclosure be provided by Commission members.
Petition: CU-2006-AR-9458, Silver Strand III Partnership, represented by
George L. Varnadoe, Esquire, ofCheffy, Passidomo, Wilson & Johnson,
LLP and Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc.,
requesting a conditional use for Rinker Concrete Plant at Silver Strand in the
Rural Agricultural with an Mobile Home Overlay (A-MHO) Zoning District.
The subject property, consisting of 14.74 acres, is located approximately
1,300 feet south of Stockade Road on the east side of Immokalee Road (CR
846), in Section 15, Township 47 South, Range 29 East, Immokalee, Collier
County, Florida.
Resolution 211117 136 Not adopted: Item continued to June 12, 2007
C. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-05-AR-8900,
Richard D. Y ovanovich representing Paul and Ruth Williams requesting
approval of a Conditional Use (CU) for an existing stabling facility in the
Agricultural (A) zoning district, as specified in Section 2.04.03 of the Collier
County Land Development Code (LDC).
Resolution 2007-137
D. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2006-AR-II034
(NG) Naples Bridge Center, Inc., represented by Joss Nageon de Lestang,
P.E., of Gulfshore Engineering, Inc., requesting a Conditional Use of Estates
(E) zoning district pursuant to Table 2, Section 2.04.03 of the Land
Development Code (LDC). The 2.5 acre Estate zoned site was originally
approved under Conditional Use Resolution 94-424 on June 14, 1994, for a
social organization consisting of a 3,500 square foot building and a parking
lot of 83 parking spaces. The proposal is for an expansion to permit an
additional 3,500 square feet oftloor area and an additional 50 parking
spaces. The subject property is located at 5865 Golden Gate Parkway, in
Golden Gate Estates Unit 30, Section 29, Township 49 South, Range 26
East, Collier County, Florida.
Page 28
May 22-23, 2007
Resolution 2007-138
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 29
May 22-23, 2007
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Mav 22. 2007
. 2A
Continue Item 10M to June 12. 2007 BCC MeetinQ: Recommendation that the Board of County
Commissioners adopt a resolution declaring a valid pUblic purpose for accepting voluntary
donations made directly to the County for Affordable-Workforce Housing, establishing an
Affordable-Workforce Housing Trust Fund and providing general gUidelines for Use of monies in
the Affordable-Workforce Housing Trust Fund. (County Attorney's request)
Item 10P: The "Legal Consideration" section was omitted from the Executive Summary of this
item. Copies of the corrected Executive Summary have been distributed and made available for
review. (Staff's request.)
Add Item 12B: This item to be heard at 12:00 Noon. Notice of Closed AttorneY-Client Session.
Settlement negotiations and strategy relating to litigation expenditures in the pending litigation
case of William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06.432-
CA, now pending in the Twentieth Judicial Circuit in and for Collier County. (Staff's request.)
Add item 12C: Board of County Commissioners to provide action/direction to the Office of the
County Attorney as to any Settlement Negotiations and Strategy Relating to Litigation
Expenditures in William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No.
06-432-CA, now pending in the TWentieth Judicial Circuit and in and for Collier County, Florida.
(Staff's request.)
Move 16A11 to 10Q: Recommendation to approve a Release and Satisfaction of Code
Enforcement Lien for payment received. (Commissioner Coletta's request)
Note:
~
Item 10E: Page 4 of 18 of the Executive Summary. Under Program Qualifications, third
paragraph, sentence should read: This parcel is Owned by CSX, a national railway line and leased
to a local railroad company. (The company name was originally entered as CVX).
Item 10H: The last sentence of Paragraph 5 of the Supplemental Agreement will be amended
to read: "If no objection is made, District, at no cost to the COUNTY, shall convey title to
COUNTY to the Lake Trafford site by Quitclaim Deed."
, 2A
Time Certain Items:
Item 101 to be heard at 9:00 a.m.: Recommendation to approve the Interlocal Agreements
between Collier County and the City of Naples, City of Marco, East Naples and North Naples Fire
Departments for an Advanced Life Support Engine Partnership Program.
Item 10A to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners
accept the findings of the report entitled "Collier County Impact Fee Indexing Study" prepared by
Tindale-Oliver and Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as
directed by the Board of County Commissioners, and direct the County Manager or his designee,
to finalize the study, prepare the necessary amendments to Chapter 74 of the Collier County Code
of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance,
to incorporate the changes to the indexing methodologies and corresponding changes to the
impact fee rate schedules for consideration by the Board of County Commissioners at a future
meeting(s).
Item 14A to be heard at 4:30 p.m. prior to companion Item 10B: Recommendation that the
Community Redevelopment Agency (CRA) approve the expenditure of $250,000 from FY07 Fund
186 reserves to assist with the establishment of a Florida State University School of Medicine
rural health training center in Immokalee.
Item 10B to be heard at 4:30 p.m.. followinQ companion item 14A: Recommendation that the
Collier County Board of County Commissioners (BCC) approve a budget amendment totaling
$250,000 from FY07 Fund 186 reserves to assist with the establishment of a Florida State
University School of Medicine rural health training center in Immokalee.
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADYERTISING OF PUBLIC HEARINGS
(i)8A
To: Clerk to the Board: Please place tbe foUowing as a:
NormallegaI Advertisement
(Display Adv., location, etc.)
X Other: See Attacbed
Originating Deptl Div: Comm.Dev.Serv./Comprehensive Planning
**********************************************************************************************************
Person: Marcia R.Kendall
Date: 5/4/2007
Petition No. (If none, give brief description): Artesia Naples CDD Amendment
Petitioner: (Name & Address): Greg Urbancic, Goodlette, Coleman & Johnson, P.A., Northern Trust Bank Building, 4001 Tamiami
Trail, Naples, FI.. 34103.
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A
Hearing before XXX BCC
BZA
Other
Requested Hearing date: Mav 22. 2007. Based on advertisement appearing 10 days prior to the BCC Hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? X Yes 0 No If Yes, what account should be charged for advertising costs:
ll~.l ~138317- 9110-0??oo
Re e b . Approved by:
. l(-ZJ-o 7
Department Director Date County Manager Date
List Attachments: Bee Advertisement Request, Ordinance and Advertisement requirements.
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. Tbe Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiatimg Division head to apJ'Il1Ove and submit original to Clerk's Office, retaining a copy for file.
*********************************#*************************************************************************
FOR CLERK'S OI'FICE U~ O~Y.
Date Received: -'1 -bl Date of Public hearing:
S -1.1.-D1 Date Advertised:
S-l L-ol
SA
May 22, 2007 Board of County Commissioners Public Hearing
Advertisina Reauirements
Please publish the following Advertisement and Map on Fridav. Mav 11. 2007. and
furnish proof of publication to the attention of Marcia Kendall in the Comprehensive
Planning Department, 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104.
The advertisement must be a '.4 page ad, and the headline in the advertisement must
be in a type no smaller than 18 point. The advertisement must not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
1
'SA
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 22,2007 in the Boardroom, 3rd Floor,
Administration Building, (Bldg. F.) Collier County Government Center, 3301 E. Tamiami Trail,
Naples, Florida. The Board of County Commissioners will hold a public hearing to consider the
adoption of the following County Ordinance. The meeting will commence at 9:00 a.m. The title
of the proposed ordinance is as follows:
The purpose of the hearing is to consider a recommendation of an amendment to the Artesia
Naples Community Development District (CDD) Board of Supervisors' exercise of special
powers. The ORDINANCE title is as follows:
ORDINANCE NO. 2007-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CONSENTING TO THE EXERCISE BY THE BOARD OF
SUPERVISORS OF ARTESIA NAPLES COMMUNITY
DEVELOPMENT DISTRICT OF CERTAIN ADDITIONAL
POWERS RELATING TO PUBLIC IMPROVEMENTS AND
COMMUNITY FACILITIES.
The purpose of the hearing is to consider the Adoption of an Ordinance requesting the Board of
County Commissioners consent to the Artesia Naples Community Development District Board
of Supervisors' exercise of special powers for additional and recurring annual expenses to
operate and maintain the facilities, equipment an services provided by the additional powers.
All interested parties are invited to appear and be heard. Copies of the proposed Amendment
is available for inspection at the Collier County Clerk's Office, 4th floor, Administration Building,
Collier County Government Center, East Naples, Florida: and at Comprehensive Planning
Department, 2800 N. Horseshoe Drive, Naples, Fiorida between the hours of 8:00 A.M. and
5:00 P.M., Monday through Friday. Any questions pertaining to the document should be
directed to the Comprehensive Planning Department. Written comments filed with the Clerk to
the Board's Office prior to May 22, 2007, will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IslPatricia Morgan
Deputy Clerk (SEAL)
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Sections 4 and 5; Township 51 South; Range 26 East
SITE LOCATION MAP
8A
8A
ORDINANCE NO. 2007-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CONSENTING TO THE EXERCISE BY THE BOARD OF
SUPERVISORS OF ARTESIA NAPLES COMMUNITY
DEVELOPMENT DISTRICT OF CERTAIN ADDITIONAL
POWERS RELATING TO PUBLIC IMPROVEMENTS AND
COMMUNITY FACILITIES.
WHEREAS, on June 20, 2006, the Board of County Commissioners of Collier County
(Board), adopted Ordinance No. 2006~33, establishing the Artesia Naples Community
Development District (District) as a community development district within the meaning of
Chapter 190, Florida Statutes; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, community development
districts have special powers relating to public improvements and community facilities subject to
the regulatory jurisdiction and permitting authority of all applicahle governmental bodies,
agencies, and special districts having authority with respect to any area included within the
district; and
WHEREAS, by Resolution No. 2007-4, dated February 13, 2007, a copy of which is
attached hereto, the Board of Supervisors of the District requested thc Board to consent to the
exercise by the District of certain additional powers specified in Section 190.012(2)(d), Florida
Statutes, in order to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and facilities for security, including, but not limited to,
guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars; and
WHEREAS, the Board acknowledges the District's desire to exercise the special powers
set forth in Section 190.012(2)(d), Florida Statutes, and that these improvements and additions
will be funded solely from the District's budget.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board hereby consents to the exercise by the Board of Supervisors of the District of
the special powers set forth in Section 190.012(2)(d), Florida Statutes, to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, provided however that the District may not exercise
any police power, but may contract with the appropriate local general purpose government
agencies for an increased level of such services within the District boundaries.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of ,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
JAMES COLETTA, CHAIRMAN
, Deputy Clerk
Approved as to form
and I al u fici
Jeffrey
Manag
! 8A
May 4, 2007
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Artesia Naples CDD Amendment
Dear Legals:
Please advertise the above referenced notice (map to be faxed) on Friday, May 11,
and furnish an affidavit of publication to both the Board Minutes & Records
Department and to Ms. Marcia Kendall, Comprehensiye Planning Department,
2800 North Horseshoe Drive, Naples, Florida 34104.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O./Account # 111-138317-649110-00000
SA
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 22, 2007, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, CONSENTING TO THE EXERCISE BY THE BOARD OF
SUPERVISORS OF ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT OF
CERTAIN ADDITIONAL POWERS RELATING TO PUBLIC IMPROVEMENTS AND
COMMUNITY FACILTITIES.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will
need a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal
is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
Dwight E. Brock
Clerk of Courts
c.ol!p1yofC<>lJier
CLERK OF THE'C1RCUIT COURT
COLLIER COUNTY QoURT'ij,OUSE
3301 TAMIAMI T~IL EA~T
P.O. BOX 4~~044 .
NAPLES, FLORIDA~#101-3O"f4
\'/"
8A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
May 4, 2007
Greg Urbancic
Goodlette, Coleman & Johnson, P.A.
Northern Trust Bank Building
4001 Tamiami Trail
Naples, FL 34103
Re: Notice of intent to consider an Amendment to the
Artesia Naples CDD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Friday, May 11, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~OC,
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.colIier.n.us
Fax - (239) 775-2755
Email: colIierclerk(iV.clerk.colIier.n.us
SA
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
Artesia Naples COO Amendment
Attachments:
Artesia COD Amendment.doc; Artesia Naples COD Amendment.doc
Good Morning,
Please advertise the attached on Friday, May 11, 2007.
I am faxing the map.
Thank you,
IWlJli
c=J
~
Artesla Naples CDD
Amendment.d...
Artesia CDD
A l1endmenl.doc (25 .
nn
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@ c1erk.co II i er. fl.us)
SA
~!
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Clerk Postmaster
Friday, May 04, 2007 11 :45 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT115473.txt; Artesia Naples CDD Amendment
C1..........
~
ts]
ATT115473.txt Artesia Naples CDD
(229 B) Amendment
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
Artesia Naples CDD Amendment
Page I of 1
SA
'~ "''':
Ann P. Jennejohn
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Friday, May 04,200712:11 PM
To: Ann P. Jennejohn
Subject: RE: Artesia Naples CDD Amendment
Well, I'll "OK" this one and wait on the map. I'll let you know when I get back from lunch!
Pam
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Posted At: Friday, May 04, 2007 11:45 AM
Posted To: Legals - NDN
Conversation: Artesia Naples CDD Amendment
Subject: Artesia Naples CDD Amendment
Good Morning,
Please advertise the attached on Friday, May 11, 2007.
I am faxing the map.
Thank you,
Ann <<Artesia CDD Amendment.doc>>
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@ cl erk.coll i er. f I.us)
<<Artesia Naples CDD Amendment.doc>>
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in re5ponse to a public records
request, do not send electronic mail to this entity. Instead, contact this office by telephone or il1 writing.
5/4/2007
Map to go with Ad #99005755
8 Age 1 of 1
Ann P. Jennejohn
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Friday, May 04, 2007 3: 17 PM
To: Ann P. Jennejohn
Subject: RE: Map to go with Ad #99005755
YEA!!!
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Posted At: Friday, May 04,20073:14 PM
Posted To: Legals - NDN
Conversation: Map to go with Ad #99005755
Subject: Map to go with Ad #99005755
<<Ad # 99005755 Artesia CDD.tif>>
Please attach this to Ad #99005755;
Artesia Naples CDD Amendment ad, set to run on Friday, May 11, 2007.
Thank you,
Ann
Minutes & Records
774-8406
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records
request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
5/4/2007
NAPLES DAILY NEWS
PublIshed Daily
Napics. FL l~ 1112
Affidavit of Publication
State of Florida
County of Collier
Defore the undersigned they SCf\'C as the authority. pcrsonall:~
appeared B. Lamb. who on oath says that the)
sene as the Assistant Corporate Secretan of the Naples Daily.
a daily newspaper published at Naples. in Collier County-,
Florida: distributed in Collier and Lee counties of Florida: that
the allachcd copy of the adycrti<.;ing. beIng a
PUBLIC NOTlCfO
111 the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on May 11'1; 21107
,\tliant li.1I1hCT says that tn.: said \"arks Daily \"ews is a nc\\spapcr
puhlished al :\<lpks_ in said ('oIlier County, Florida. and that the said
lK\\~parcr has hcrd<JrOfC heen ":,llllinuoush publish"::(l in said Collier
County. Florida: distribut.:d in Collier and J .co: c;t)untics of Horida.
"ach day and has hccn cnt.::rcd as scco!1ll da~,; mail mall<.:r ilt the post
,lllin; in "apks. in said Colli~r Count~'. Florida, ror a p<.:nod "I' I
~icar llext prec~dillg the first publiciltion of the attached cop~- or
<ld".crtisemenL <lnd atli<lnt furth.::r ~a:-s thaI he has neither paid Jlor
prol11is.cd any person. firm or L'\)rporatio!1 any discoullt. rehate.
commission or r.cfund for the purpose oi'sccuring this ad\'ertisement for
""""""i7':" "'i~'"~''''' "'_..____ _____
( Signature of affiant)
S\\orn to and subscribed before me
This II !', da~ of rv1ay 2007
l' \ (C.... (' \ ,.
_~lnl.u.:-______,Lu \':".'O-JO, (' VQ.L.
(Signature of notan publiCI
FEI 50.2578l27
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP t
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original dOClIlllenlS should be hand delivered to tht' Board OtTice Tht.' ClHnpktcd routing: slip and original
documents are to be forwarded to the Buard Office nnly after the Buard has tah'n action Oil the ill'llI )
(i
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dales, and/or information needed. If the document is already complete with the
exceotion of the Chairman's silrnature, dmw a line thrOllah roulinlZ lines # I through #4. complete fhe checklist, and fOJV,lard to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin,g order)
1. Judy Puig Administration - CD&ES rnk 5/3/07
IW\{1 '~l~ 3Jn
2. ~3 ,,I :;/7-3/0 7
~ C])ES .~ ht~ ,
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bce approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnalion is needed in the event one of the addressees above, including Sue Filson, need to contact staff fOf additional or missing
infonnation. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the BeC has acted (0 approve the
item)
Name of Primary Staff Marcia R Kendall, Planner Phone Number 403.2387
Contact
Agenda Date Item was May 22, 2007 Agenda Item Number 8A
ADDroved by the BCC
Type of Document Ordinance, Exhibit A & Back up Number of Original 10
Attached 2t>07-q C; Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to he
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCe
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Omce and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicahle.
Yes
(Initial)
Mk
N/A(Not
A licable)
2.
3.
4.
"Sign here~' tabs arc p~.aoed 00 the~:te. (7liJlge5 indicating where the Chairman's
si nature and initials are n.: uired.
In most cases (some contracls are an c.\.ceptionl ~ original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BeC on '7-:2:2 '0 7 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a licable.
Mk
To be
written
in.Mk
Mk
1\0))'
I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
5.
6.
EXECUTIVE SUMMARY
I
SA
'j .~
Recommendation that the Board of County Commissioners adopt an ordinance consenting
to the exercise by the Board of Supervisors of Artesia Naples Community Development
District of certain additional powers relating to public improvements and community
facilities
OBJECTIVE: That the Collier County Board of County Commissioners (BCC) adopt an
ordinance consenting to the exercise of additional powers by the Board of Supervisors of the
Artesia Naples Community Development District (Artesia Naples CDD) pursuant to Section
190.012(2)(d), Florida Statutes, relating to public improvements and community facilities.
CONSIDERATIONS: On June 20, 2006, the BCC adopted Ordinance No. 2006-33,
establishing the Artesia Naples CDD as a Community Development District within the meaning
of Chapter 190, Florida Statutes. Section 190.012, Florida Statutes, provides Community
Development Districts with special powers relating to public improvements and community
facilities, subject to the regulatory jurisdiction and permitting authority of all applicable
governmental bodies, agencies, and special districts having authority with respect to any area
included within the district. The Board of Supervisors of the Artesia Naples CDD, by resolution,
is requesting that the BCC consent to its exercise of the additional powers specified in Section
190.012(2)(d), Florida Statutes, in order to plan, establish, acquire, construct or reconstruct,
enlarge or extend, equip, operate and maintain additional systems and facilities for security,
including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection
systems, and patrol cars.
FISCAL IMPACT: There is no fiscal impact as all costs associated with the increased security
will be funded by the Artesia Naples CDD.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This ordinance is authorized by Section 190.012(2)(d), Florida
Statutes, and was prepared by the County Attorney's Office.
STAFF RECOMMENDATION: That the BCC adopt the proposed ordinance authorizing the
Artesia Naples CDD's Board of Supervisors to exercise its additional powers pursuant to Section
190.012(2)(d), Florida Statutes.
PREPARED BY:
Marcia R. Kendall, Senior Planner, Comprehensive Planning Department
SA
~ !
ORDINANCE NO. 2007-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CONSENTING TO THE EXERCISE BY THE BOARD OF
SUPERVISORS OF ARTESIA NAPLES COMMUNITY
DEVELOPMENT DISTRICT OF CERTAIN ADDITIONAL
POWERS RELATING TO PUBLIC IMPROVEMENTS AND
COMMUNITY FACILITIES.
WHEREAS, on June 20, 2006, the Board of County Commissioners of Collier County
(Board), adopted Ordinance No. 2006-33, establishing the Artesia Naples Community
Development District (District) as a community development district within the meaning of
Chapter] 90, F]orida Statutes; and
WHEREAS, pursuant to Section ]90.012, Florida Statutes, community development
districts have special powers relating to public improvements and community facilities subject to
the regulatory jurisdiction and permitting authority of all applicable governmental bodies,
agencies, and special districts having authority with respect to any area included within the
district; and
WHEREAS, by Resolution No. 2007-4, dated February ]3, 2007, a copy of which is
attached hereto, the Board of Supervisors of the District requested the Board to consent to the
exercise by the District of certain additional powers specified in Section ] 90.0] 2(2)( d), Florida
Statutes, in order to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and facilities for security, including, but not limited to,
guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars; and
WHEREAS, the Board acknowledges the District's desire to exercise the special powers
set forth in Section 190.012(2)(d), Florida Statutes, and that these improvements and additions
will be funded solely from the District's budget.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board hereby consents to the exercise by the Board of Supervisors of the District of
the special powers set forth in Section 190.012(2)( d), Florida Statutes, to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, provided however that the District may not exercise
any police power, but may contract with the appropriate local general purpose government
agencies for an increased level of such services within the District boundaries.
PASSED AND D~LY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~ day of /J1a;r ,2007.
ATTEST: "
DWIGRTE. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
I
By: 'l1.Lu b&-t,L.,. 0.( ,
attest a, to1 ~uty Clerk
signature 0111-
By:
JA
Jeffrey
Manag
w
t County Attorney
,
8A
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RESOLUTION NO. 2007-~
A RESOLUTION OF ARTESIA NAPLES COMMUNITY
DEVELOPMENT DISTRICT REQUESTING THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO GRANT THE DISTRICT CERTAIN
ADDITIONAL POWERS PURSUANT TO CHAPTER 190,
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ARTESIA NAPLES
COMMUNITY DEVELOPMENT DISTRICT:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. The Board of
Supervisors (the "Board") of Artesia Naples Community Development District (the "District") is
authorized to adopt this Resolution under the authority granted by the provisions of Chapter 190,
Florida Statutes, as amended, its Charter (Ordinance No. 2006-33 adopted by the Board of
County Commissioners of Collier County, Florida on June 20, 2006, (hereinafter, the
"Ordinance") and other applicable provisions of law (collectively, the "Act").
SECTION 2.
FINDINGS.
A. Pursuant to the Ordinance, Collier County established Artesia Naples Community
Development District (the "District") as a community development district within the meaning of
Chapter 190, Florida Statutes.
B. The Board of Supervisors of the District now desires to adopt this resolution
requesting the Board of County Commissioners of Collier County to consent by ordinance or
resolution to the exercise by the District of certain additional powers specified in Section
190.012(2)(d), Florida Statutes and to submit such resolution to Collier County.
SECTION 3. REQUEST FOR ADDITIONAL POWERS. The District hereby
requests the Board of County Commissioners of Collier County to consent by ordinance or
resolution to the exercise by the Board of Supervisors of the District pursuant to Section
190.012(2)(d), Florida Statutes of the power to plan, establish, acquire, construct or reconstruct,
enlarge or extend, equip, operate and maintain additional systems and facilities for security,
inclwding, oot not limited to, guardhouses, fences and gates, electronic intrusion-detection
systems, ;md p,a,trol cars, when authorized by proper governmental agencies; provided, however
that the District may !lot exercise any police power, but may contract with the appropriate local
generdl purpose gm.emment agencies for an increased level of such services within the District's
boundaries The District's General Counsel and Bond Counsel are each hereby authorized to
submit this re;;olution to Collier County.
8A
1
SECTION 4. SEVERABILITY. Should any sentence, section, clause, part or
provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of this Resolution as a whole, or any part thereof, other than the
part declared invalid.
SECTION S.
upon its adoption.
EFFECTIVE DATE. This Resolution shall be effective immediately
PASSED AND ADOPTED at a meeting of the Board of Supervisors of Artesia Naples
Community Development District this I."TI- day of February, 200"".
Attest:
ARTESIA NAPLES COMMUNITY
DEVELOPMENT DISTRICT
(97c~~ &u,.:d
ChairmanlVice-Chairman
'~.
S"',(jrcg',C1;CIl\F"lderS\,\rte,i"NapJcsCD[)\S",uri'y\TRCDflR<,"llIlinnf"'lUooing,dd,tiun.Jpowc".[)(Je
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Sections 4 and 5; Township 51 South; Range 26 East
SITE LOCATION MAP
GOODLETTE COLEMAN & JOHNSON, p.A.r 8 A
ATTORNEYS AT LAW
',i'
Kevin G. Coleman
J. Dudley Goodlette
Kenneth R. Johnson
Richard D. Yovanovich
Edmond E. Koester
Northern Trust Bank Building
4001 T amiami Trail North
Suite 300
Naples, Fl34103
239-435-3535
239-435-1218 Facsimile
Linda C. Brinkman
Stephen C. Pierce
Gregory L. Urbancic
William M. Burke
Craig D. Grider
Matthew L. Grabinski
Matthew R. Galloway
Matthew M. Jackson
Alex R. Figares
Jeffrey 1. Beihoff
Kevin L. Dees
writer's e-mail address:
gurbanc ic(ci)gci law .com
April 4, 2007
Marcia R. Kendall, Planner
Comprehensive Planning Department
Collier County Government Center
3301 Tamiami Trail, East
Harmon Turner Building, 8th Floor
Naples, Florida 34112
Re: Artesia Naples Community Development District
Request for Additional Powers Under Section 190.012(2)(d)
Dear Marcia:
Our firm serves as legal counsel to the Artesia Naples Community Development District (the
"District"). The District was established by Ordinance 2006-33, enacted by the Board of County
Commissioners of Collier County, Florida on June 20, 2006. The Board of Supervisors of the District has
requested that our office pursue the consent from the Board of County Commissioners for the District to
exercise the additional powers listed under Section 190.012(2)(d), Florida Statutes. The powers under
said statutory section include the authority for the District to plan, establish, acquire, construct or
reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for security.
Enclosed with this correspondence are the following items relating to this request:
1. A copy of Resolution 2007-04 of the District's Board of Supervisors formally requesting
that the Board of County Commissioners consent to the exercise of these additional powers by the
DistrIct.
2. A Statement of Estimated Regulatory Costs relating to the request.
3. Check #16 in the amount of $2705.00 payable to the Board of County Commissioners to
cover the application fee and advertising costs.
Marcia R. KendalJ, Planner
April 4, 2007
Page 2 of2
I
,
SA
After your review of the foregoing, please contact me if you have any questions. I would be
happy to meet with you to discuss this matter to address any concerns you might have.
SinceJ~{;.'r ., .
~~
Gregory L. Urbancic
For the Firm
Enclosures
cc: Neil DOtTill, District Manager
David CaldwelJ, WCI Communities, Inc.
SA
,
,
,
Statement of Estimated Regulatory Costs
Proposed Amended Ordinance to the Artesia Naples Community Development District
providing for the additional powers pursuant to Chapter 190.012(2)(d), Florida Statutes.
Purpose
The purpose of this Statement is to identify the economic impacts of the adoption of
the Proposed Amended Ordinance to the Artesia Naples Community Development
District providing for the additional powers pursuant to Chapter 190.0l2(2)(d),
Florida Statutes.
This Statement of Estimated Regulatory Costs is prepared in accordance with the
requirements of Chapter 120.541, Florida Statutes.
1.0 A good faith estimate of the number of individuals and entities likely to be
required to comply with the amended ordinance, together with a general
description of the types of individuals likely to be affected by the amended
ordinance.
The principal entities that are likely to be required to comply with the ordinance
include the District, the State of Florida, the County and the master property owners'
association. In addition, existing and future homeowners and their visitors and guests
in the Artesia Naples community will also be affected by the amended ordinance. The
Artesia Naples community is expected to contain 725 residential units when
completed
2.0 Good Faith estimate of the cost to State and local government entities, of
implementing and enforcing the proposed amended ordinance, and any
anticipated effects on State and local revenues.
There will be no additional costs to the State or local government, since the Artesia
Naples CDD already has been established by prior ordinance. The amended
ordinance provides for additional powers only which will not add to the costs of the
State or local government for implementing same, except for the County's costs to
review and adopt the petition, which costs have either been pre-paid or the direct cost
re-imbursed by the petitioner.
The amended ordinance which provides for expanded powers for the District will not
have any effect on State and local revenues, except to the extent that the District
purchases goods and services which may be exempt from the State's sales tax and to
the extent that any of the District's personal property is exempt from Tangible
Personal Property taxes.
The District in implementing the additional powers will incur additional and
recurring annlUlI expenses to operate and maintaill the facilities, equipment and
services that could be provided by the additional powers. The District ill order to
fund the additional cost will impose additional non ad-valorem assessments on the
is
~, r-..
property owners within the District, however, these additional District revenues are
expected to be offiet by corresponding reductions in expenses and assessment
revenues by the Artesia Naples Master Homeowners Association, the entity currently
providing for similar services to the property owners in the community.
3.0 A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local government entities, required to comply
with the requirements of the rule. As used in this paragraph, "transactional
costs" are direct costs that are readily ascertainable based upon standard
business practices, and include filing fees, the costs of obtaining a license, the
cost of equipment required to be installed or used or procedures required to be
employed in complying with the rule, additional operating costs incurred, and
costs of monitoring and reporting.
Transactional costs to the local governmental entities, specifically Collier County,
are discussed in Item 2 above and involve the review and adoption of the petition.
These costs have either been prepaid or the direct costs re-imbursed by the
petitioner. Otherwise, there are no recurring transactional costs to local
governmental entities.
The transactional costs to individuals and entities will apply only to the property
owners within the boundaries of the Artesia Naples CDD and any facilities or
services which the District provides pursuant to the additional powers will be
included in the annual non-ad-valorem assessments. The additional powers granted
to the District are not likely to require imposition offilingfees, licensing, additional
equipment, operational cost requirements on the part of individuals or entities.
In considering the transactional costs that may be paid by those affected by the
proposed ~dditional powers granted to the Artesia Naples CDD, three points are
important. First, unlike most other situations, IOO% of the costs that will be funded by
the District will be incurred in any event. That is because, if the District did not
provide the facilities or services, then either the Developer or Master Property
Owners Association would provide the facilities or services with those benefited
parties paying for those same facilities or services. Second, State Law requires that
prospective property owners in the Artesia Naples community are disclosed that the
District exists and may impose assessments on the benefited property. And third, the
District must conduct its annual budget approval and adoption process in open,
publicly advertised meeting and provide for comment and input from the public.
2
i 8 A
4.0 An analysis of the impact on small businesses as defined by s.288.703, and an
analysis of the impact on small counties and small cities as defined by s.120.S2.
Approval of the petition for additional powers for the Artesia Naples Community
Development District will have only incidental impact on small businesses, and it is
positive. The District must operate according to Florida's "sunshine" laws and the
District must follow the competitive bids requirements of chapter 190.033 for the
goods and services it will purchase. As a result, small businesses may be better able
to compete for District business.
Florida Statutes defines "small county" as a population of 75,000 persons or less,
therefore Collier County is not a small county by definition.
5.0 Any additional information that the agency determines may be useful.
There is no additional information.
SERe-Expanded Powers.doc
3
8A
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-45
Which was adopted by the Board of County Commissioners
on the 22th day of May, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of May, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
>1:::l,'
Ex-officio to Bp~rd~f>
~flou.nty ~commi~.'. io~,periS .... .~
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By: Martha Vergl\;1fi3./.
Deputy Clerk
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
8a
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To: Clerk to the Board: Please place the followin& as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc)
.....-.........-........-..........................................................-..............
Originating Deptl Div: Comm.Dev.ServJPlanningPerson: Kay Desele~ Date: 1- '1- 0 (Z
Petition No. (If none, give brief description):PUDZ-A.2005-AR-7422, Wolf Creek PUD
Petitioner: (Name & Address): Hoover Planning & Development, Inc., William Hoover, 3785 Airport Rd. N., #8-1, Naples, FL
34105; Banks Engineering, David R. Un!lerhill, Jr., 25]5 Northbrooke Plaza Dr., #200, Naples, FL 34119; Robert Pritt, Roetzel and
Andress, LPA, 850 Park Shore Blvd., 3 Floor, Naples, FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (lf more space is needed, l\llach separate sheet) Richard D.
Yovanovich, Goodlette, Coleman, & Johnson, P.A., 4001 Tamiami Trail N., Suite 300, Naples, FL 341031; Prime Homes At
Portofino Falls, L TO.. Larry Abbo, VP, 5555 Anglers Ave., Ft. Lauderdale, FL 333 I 2
Hearing before BCC
BZA Other
0/1.),/01
I
Based on advertisement appearing 15 days before hearing.
Requested Hearing date:
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Inelude legal description & common location & Size: Petition: PUDZ-A-2005-AR-7422, Larry Abbo, as viee
president of Prime Homes at Portofino Falls, Ltd., represented by David R. Underhill, Jr. of Banks Engineering and Robert D. Pritt
of Roetzel & Andress, LP.A.; and William L. Hoover, as president of Catalina Land Group Inc., both of which are represented by
David R. Underhill, k, of Banks Engineering and Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., are requesting
a rezone from the Rural Agricultural (A) and Planned Unit Development (PUD) zoning districts to the Residential Planned Unit
Development (RPUD) zoning district, to add 20.26" acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.9~
acres and 671 dwelling units, which may be single- or multi-family dwellings, and amend the PUD document and associated Master
Plan. The applicant also proposes to reduce the maximum height of multi-family structures from 42 feet and 3 stories to 38 feet and
2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. The
subject property is located on the north side of Yanderbilt Beach Road, approximately ooe half mile west of Collier Boulevard
in Section 34, Township 48 South, Range 26 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
13l-138326-649100
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~ '-tr;.I.s-6.'fW ~~1'7
-tJepartment Head ~
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
~.*************.*************.************..***** **********************************************
-r.ERK'S/?~~<iEj!,SEONLY: l- j f\ /) l'-i, f~/1
<ed: ~ Date of Public hearing: .:> "\c:I- 0 -mate Advertised: ~. T
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, .
ORDlNANCE NO. 07-_
,
AN ORDlNANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDlNG ORDlNANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH lNCLOOES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDlNG THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGlNG THE ZONING CLASsIF1CATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL
AGRICULTURAL (A) AND PLANNED UNIT
DIWELOPMENT (PUD) ZONING DISTRICTS TO
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPOO),
TO ADD 20.27'" ACRES AND 117 DWELLING UNITS FOR A
TOTAL OF 167.96'" ACRES AND 671 DWELLING UNITS,
AND AMEND THE ALLOWABLE USES AND THE MASTER
PLAN, FOR PROPERTY LOCATED ON THE NORTIl SIDE
OF VANDERBILT BEACH ROAD (C.R 862),
APPROXIMATELY ONE-HALF MILE WEST OF COLLIER
BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48
soum, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 167.9M ACRES; PROVIDING FOR THE
REPEAL OF ORDlNANCE NUMBER 03-45, TIlE FORMER
WOLF CREEK POO; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Larry Mayer Abho, of Prime Homes at Portofino Falls, Ltd. and Willimn L.
Hoover, of Catalina Land Group Inc., both of whom are represented by David R. Undedrill, Jr.,
of Banks Engineering and Richard Yovanovich, of Goodletto, Coleman and Johnson, P.A.,
petitioned the Board of County Commissioners to change the zoning. classification oftbe herein
described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COu.mR COUNTY, FLORIDA, that:
SECTION ONE:
The zoning cla&aification of thCl herein described property located in Section 34,
Township 48 South, Range 26 Eas~ Collier County, Florida, is changed from the Rural
Agrioullurlll. (A) and Phumed Unil Development (POO) Zoning Districts to the Residential
Planned Unit Developmcot (RPUD) Zoning District in accordance with the RPUD Document,
attached hereto as Exhibit "All, incorporated herein and by refererice made a part hereof. The
appropriate Zoning Atlas Map or Maps, as described in Ordinance Nmnber 04-4t, as amended,
the Collier County Land Development Code, ialare hereby amended IlO<X>rdingly.
WolfC,eek PUD, POOZ-A-200S-AR-7422
Page 1 of2
.
SECTION TWO:
Onlinance Number 03-45, known as the Wolf Creek PUD, adopted on Seplomber 23,
2003, by the Board of County CommiS&ioners of Collier County, is bereby repealed in its
ontitety.
SECTION THREE:
This Onlioance shall become etfoctive upon filing witb the Departmont of Ststo.
PASSED AND DULY ADOPTED by a soper-majority vote of the Board of County
Commissioners of Collier County, Florida,lhia _ day of ,2007.
AITEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COUUERCO~,nO~A
BY:
Deputy Clerk
lAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufliciOlll:Y:
'-()J(l. '.1'" ", 'm~ ',I,.,J;.--;OtW<i
Maljari M. Studmt- tirling
Assjstsnt County Attorney
WolfCreelc. PUD, PUDZ,A-2005-AR-7422
Page 2 of2
88
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8-Bq
EXHIBIT "A"
WOLF CREEK RPUD
A RESIDENTIAL PlANNED UNIT DEVaOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD, A RESIDENTIAL
PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE
PREPARED FOR:
LARRY MAYER ABBO, V.P.
PRIME HOMES, INC.
21218 ST. ANDREWS BLVD., #510
BOCA RATON, FLORIDA 33433
and
WILLIAM L. HOOVER, PRES. of CATALINA LAND GROUP, INC., the MANAGER of
WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC
3775 AIRPORT ROAD N., SUITE B
NAPLES, FLORIDA 34105
PREPARED BY:
BANKS ENGINEERING
2515 NORTH BROOKE PLAZA DRIVE, SUITE 200
NAPLES, FLORIDA 34119
ROBERT PRITT
ROETZEL & ANDRESS, L.P.A.
850 PARK SHORE BOULEVARD, 3RD FLOOR
NAPLES, FLORIDA 34103
and
RICHARD D. YOVANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 TAMIAMI TRAIL N., #300
NAPLES, FLORIDA 34103
DATE FILED March 23. 2005
DATE REVISED Julv 18. 2006
DATE REVISED September 15, 2006
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER 2003-45
AMENDMENTS AND REPEAL
Revised 3130107
B-B ~'~1
I
TABLE OF CONTENTS
TABLE OF CONTENTS
PAGE
ii
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
iii
1
2
6
9
14
SECTION V DEVELOPMENT COMMITMENTS
15
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
11
Revised 3/30107
ii
f Olj qf
LIST OF EXHIBITS AND TABLES
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
TABLE I
Revised 3/30/07
RPUD MASTER PLAN
RPUD CONCEPTUAL UTILlTY/WATER MANAGEMENT PLAN
LOCATION MAP
DEVELOPMENT STANDARDS
iii
.
--- -- --lBB-~L"L,
STATEMENT OF COMPLIANCE
The development of approximately 167.96 acres of property in Collier County, Florida,
as a Residential Planned Unit Development (RPUD) to be known as the Wolf Creek
Residential PUD, will be in compliance with the planning goals and objectives of Collier
County as set forth in the Collier County Growth Management Plan (GMP). The
residential facilities of the Wolf Creek RPUD will be consistent with the growth policies,
land development regulations, and applicable comprehensive planning objectives for
the following reasons:
1. The subject property's location, in relation to existing or proposed community
facilities and services, permits the development's residential density as described
in Objective 2 of the Future land Use Element (FLUE).
2. The project development is compatible with and complimentary to surrounding
land uses as required in Policy 5.4 of the FLUE.
3. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code (LDC) as set forth in Objective 3 of the
FLUE.
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 is located within the Urban Residential Subdistrict designation of the
FLUE. The project density of 3.99 dwelling units per acre is in compliance with
the FLUE of the GMP based on the following relationships to required criteria:
Base Densitv
Maximum Permitted Density
+4
+4
dwellina units/acre
dwelling units/acre
Maximum permitted units = 167.96 acres x 4 dwelling units/acre = 671
units.
Requested dwelling units = 671, which results in a requested density of
3.99 dwelling units/acre.
6. All tinallocal development orders for this project shall be subject to the Adequate
Public Facilities Requirements, of the LDC.
Revised 3130107
8-8
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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 Wolf Creek Residential RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 167.96:t acres, is comprised of 9 separate parcels
that are located in Section 34, Township 48 South, Range 26 East, Collier
County, Florida, and are fully described as:
A. Parcel 1 - The South half of the Southwest quarter of the Northwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, subject to an easement for public road right-of-way over and
across the south 30 feet and the west 30 feet thereof.
B. Parcel 2 - The South half of the Southeast quarter of the Northwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, subject to an easement for public road right-of-way over and
across the south 30 feet thereof.
C. Parcel 3A - The North half of the Northeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, less Parcel 3B, subject to an easement for public road right-of-
way over and across the north 30 feet and the east 30 feet thereof.
D. Parcel 3B - A parcel of land located in the Southwest quarter of Section
34, Township 48 South, Range 26 East, Collier County, Florida, being
more particularly described as follows: commence at south X corner of
Section 34, Township 48, Range 26 East, Collier County, Florida; thence
run north 02013'26" west, along the east line of the southwest X of said
Section 34, for a distance of 2005.53 feet to the southeast corner of the
north Y:z of the northeast X of the southwest X of said Section 34 and the
Point of Beginning of the parcel of land herein described: thence run north
89051'58" west, along the south line of the north Y:z of the northeast X of
the southwest X of said Section 34, for a distance of 1245.00 feet; thence
run north 02013'26" west, parallel with the east line of the southwest X of
said Section 34, for a distance of 420.21 feet; thence run south 89051'58"
east, parallel with the south line of the north Y:z of the northeast X of the
southwest X of said Section 34, for a distance of 1245.00 feet; thence run
south 02013'26" east, along the east line of the southwest X of said
Section 34, for a distance of 420.21 feet to the Point of Beginning.
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E. Parcel 4 - The North half of the Southeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
F. Parcel 5 - The South half of the Southeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, subject to an easement for public road right-of-way over and
across the east 30 feet thereof and less the southerly 145 feet for
Vanderbilt Beach Road right-of-way.
G. Parcel 6 - The North half of the Southwest quarter of the Southeast
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
H. Parcel 7 - The South half of the Northwest quarter of the Southeast
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
I. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of
the Southeast quarter of Section 34, Township 48 South, Range 26 East,
Collier County, Florida.
J. Parcel 9 - The South half of the Northeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
1.3 PROPERTY OWNERSHIP
A. The subject property is owned by:
1.
Parcels 1, 2, and 3A by William L. Hoover, President of Catalina
Land Group, Inc., the manager of Wolf Creek Estates, LLC, 3785
Airport Road North, Suite B-1, Naples, Florida 34105.
2.
Parcels 4 and 5 by Prime Homes at Portotino Limited, Attn.: Larry
Mayer Abbo, 21218 St. Andrews Boulevard, Suite 510, Boca
Raton, Florida 33433.
3.
Parcels 6, 7, and 8, by William L. Hoover, President of Catalina
Land Group, Inc., the manager of Buckstone Estates, LLC, 3785
Airport Road North, Suite B-1, Naples, Florida 34105.
Parcels 3B and 9 by Prime Homes at Portofino Falls, Ltd., 5555
Anglers Avenue #16B, Fort Lauderdale, Florida 33312.
4.
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1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the north side of Vanderbilt Beach
Road, approximately y, mile west of Collier Boulevard (CR. 951),
unincorporated Collier County, Florida.
B. Parcel 9 currently has agricultural zoning and is proposed to be rezoned to
RPUD. The remaining area (Parcels 1 - 8) are zoned PUD, Wolf Creek,
approved by Collier County Ordinance No. 03-45 and are proposed to be
rezoned to RPUD. An abandoned mobile home is located on Parcel 1, a
newer modular home was erected on Parcel 2 but recently was relocated
off-site, a mobile home was previously on Parcel 8 but has since been
relocated off-site, a single-family home is on Parcel 10, and the remaining
parcels are undeveloped. Parcels 1 and 8 have existing lakes on the
properties.
1.5 PHYSICAL DESCRIPTION
The project site is located within the Harvey Drainage Basin according to the
Collier County Drainage Atlas. The proposed outfall for the project will be to the
northwest into the proposed Palermo Cove RPUD water management system
and then to the west into the Island Walk stormwater management system and to
the south along Vanderbilt Beach Road. In both cases, the stormwater outfall will
enter the Island Walk stormwater management system.
Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation
is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no
base flood elevation specified.
The water management system of the project will include the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment will be accomplished by an on-site lake
system prior to discharge as described above.
The water management system will be permitted by the South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this project
including, but not limited to: storm attenuation with a peak discharge rate per
Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm
and finished floor elevations, water quality pre-treatment, and wetland hydrology
maintenance.
Per Collier County Soil Legend dated January 1990, the soil types found within
the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum;
#27 - Holopaw Fine Sand and #33 Urban Land - Holopaw - Basinger Complex.
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Site vegetation consists predominantly of pine flatwoods, pine-cypress, cypress
forest and woodland with a mix of different vegetation types.
1.6 PROJECT DESCRIPTION
The Wolf Creek RPUD is a project comprised of a maximum of 671 residential
units. Recreational facilities and other facilities and services will be provided in
conjunction with the dwelling units. Residential land uses, recreational uses, and
sign age are designed to be harmonious with one another in a natural setting by
using common architecture, quality screening/buffering, and native vegetation,
whenever feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Wolf Creek Residential Planned
Unit Development Ordinance."
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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 Wolf Creek RPUD shall be in
accordance with the contents of this Document, RPUD - Residential
Planned Unit Development, and other applicable sections and parts of the
LDC and GMP in effect at the time of building permit application. Where
these regulations fail to provide developmental standards, then the
provisions of the most similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the LDC in effect at the time of building permit
application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Wolf Creek RPUD shall become
part of the regulations which govern the manner in which the RPUD site
may be developed.
D. Unless modified, waived or excepted by this RPUD other provisions of the
LDC, where applicable, remain in full force and effect with respect to the
development of the land which comprises this RPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities
Requirements, of the LDC.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan.
There shall be numerous land use tracts, plus necessary water
management lakes, street rights-of-way, the general configuration of
which is also illustrated by Exhibit "A".
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B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or,
upon approval, parts thereof may be constructed as shallow, intermittent
wet and dry depressions for water retention purposes. Such areas, lakes
and intermittent wet and dry areas shall be in the same general
configuration and contain the same general acreage as shown by Exhibit
"A". Minor modification to all tracts, lakes or other boundaries may be
permitted at the time of subdivision plat or SDP approval, subject to the
provisions of the LDC.
C. In addition to the various areas and specific items shown in Exhibit "A",
such easements as necessary (utility, private, semi-public) shall be
established within or along the various Tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of 671 residential dwelling units shall be constructed in the
residential areas of the project. The gross project area is 167.96:t acres. The
gross project density shall be a maximum of 3.99 units per acre if all 671 dwelling
units are approved and constructed.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or
part of the RPUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the RPUD Master Plan, Collier County subdivision rules,
and the platting laws of the State of Florida.
B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD
development plan. Subsequent to or concurrent with RPUD approval, a
subdivision plat or SDP, as applicable, may be submitted for areas
covered by the RPUD Master Plan. Any division of the property and the
development of the land shall be in compliance with the RPUD Master
Plan and LDC.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
SECTION III
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RESIDENTiAl AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", RPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the RPUD shall be 671.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A Permitted Principal Uses and Structures:
1. Single-family dwellings (includes zero-lot line and townhouses
intended for fee simple conveyance).
2. Two-family dwellings and duplexes.
3. Multi-family dwellings.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, fishing docks, walking paths, picnic areas,
recreation buildings, and basketball/shuffle board courts.
3. Temporary sales trailers and model units.
4. Gatehouse.
5. Essential services limited to utility facilities, such as electric
transformers, pumps and lift stations.
6. Water management facilities.
C. Interim Uses
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1. The existing single-family home on parcel 10 shall be permitted for
residential single-family land uses and customary accessory uses
until construction is commenced on the parcel 10.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the Wolf
Creek RPUD. Front yard setbacks in Table I shall be measured as
follows:
1.
If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
2.
If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
3.
Carports shall be permitted within parking areas and garages shall
be permitted at the edge of vehicular pavements except garages
shall be set back to provide 23 feet of driveway between the garage
and sidewalk to prevent parked vehicles from overhanging the
sidewalk.
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TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS SINGLE-F AMIL Y SINGLE-FAMILY TWO-FAMILY AND MULTI-FAMILY
ATTACHED DUPLEX
TOWNHOUSES
Minimum Lot Area (per unit) 5,500 Sq. Ft. 1,800 Sq. Ft. 4,500 Sq. Ft. NA
Minimum Lot Width (I) 50' Interior Lots 18' Interior Lots 80' Interior Lots (40') (2) NA
60' Comer Lots 25.5' Exterior Lots 100' Comer Lots (50') (2) NA
Front Yard Setback (6) 23' (3)(4) 23' (3) (4) 23' (3) (4) 15' (3)
Side Yard Setback (5) (6)
I Story 0' & 12' or both 6' NA 0' & 6' or both 6' 7.5'
2 Story 0' & 15' or both 7.5' 0' or 7.5' 0' & 7.5' or both 7.5' 10'
Rear Yard Setback (6)
Principal Structure 20' 15' 20' 20'
Accessory Structure 10' 10' 10' 10'
PUD Boundary Setback
Principal Structure NA NA NA 20'
Accessory Structure NA NA NA 10'
Lake Setback (7) 20' 20' 20' 20'
Preserve Area Setback
Principal Structure
Accessory Structure 25' 25' 25' 25'
10' 10' 10' 10'
Distance Between Structures
MainIPrincipaV Accessory
I-Story 12' NA 12' 15'
2-Story 15' 15' 15' 20'
Maximum Heillht
Principal Building 35' and 2 stories 35' and 2 stories 35' and 2 stories 38' and 2 stories
Accessory Building 25'/Clubhouse 35' 25'/Clubhouse 35' 25'/CIubhouse 35' 25'/Clubhouse 38'
Minimum Floor Area 1400 Sq. Ft. 1400 Sq. Ft. 1200 Sq. Ft. 1150 Sq. Ft. for Multi-Family
and 1000 Sq. Ft. for Fiber
Optics Buildings
(1) May be reduced on cui-dc-sac lots and lots along the inside and outside of curved streets by 25%.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an
iodividuaIly platted lot.
(3) Community tennis courts, basketball courts, and similar recreational facilities shall have a IS-foot minimum
setback from all property boundaries of the recreational tract/lot.
(4) The front yard setback for side-loaded garages may be reduced to 18 feet, with the home remaining at 23 feet,
where it can be demonstrated 2 vehicles can be adequately parked on double-wide driveways without the vehicles
overhanging onto the sidewalks located at the edge of the right-of-way.
(5) Where fee simple lots are created for each dwelling unit, no side yard shall be required between interior units of
a unified principal structure, and the side yard shaH be measured from exterior wall of the unified principal structure.
(6) In no instance shall there be an encroachment into a required landscape butTer.
(7) Lake setbacks are measured from the control elevation established for the lake.
Revised 3130107
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B. Natural Habitat Preserve Area Reauirements:
1. A minimum of 32.51 acres of natural habitat areas shall be provided
on-site, including both the under-story and the ground cover
emphasizing the largest contiguous area possible, as described in
the LDC.
2. All preserve areas shall be a minimum average of 50 feet in width
and no less than 20 feet in width, pursuant to the LDC.
C. Architectural Standards
1. All proposed lighting, signage, landscaping and visible
architectural infrastructure shall be architecturally and
aesthetically unified within any project that is developed.
Said unified architectural theme shall include a similar
architectural design and use of similar materials and colors
throughout all of the amenities within the project.
Landscaping and streetscape materials shall also be similar
in design along Pristine Drive and within any project that is
developed. All proposed roofs shall be finished in tile,
metal, wood, or architecturally-designed shingles (such as
Timberline).
D. Sians
Signs shall be permitted as described within the LDC, except for signage
described within Paragraph 3.4.H.
E. Deviations
1. Deviation #1 seeks relief from LDC Section 5.06.02A.6.a that requires
on-premises signs within residential districts to maintain a ten-foot
setback from any property line unless placed on a fence or wall to
allow a zero (0) foot setback from the property line shared with the
Carolina Village Mixed Use PUD.
This deviation will permit approximately half, of one double-faced sign
a maximum of 8 feet in height and 64 square feet in area, located in a
median in the road between the Wolf Creek Residential PUD (labeled
Pristine Drive on Exhibit "A") and the Carolina Village Mixed Use PUD
and on the west side of the Carolina Village property line and to reduce
the minimum 10-foot setback from the neighboring Carolina Village
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Mixed Use puo to 0 feet with the advertising limited exclusively to no
more than 3 residential developments within the Wolf Creek
Residential PUO. The proposed sign shall meet all vehicular safety
sight distance standards for Collier County and have a minimum 10-
foot setback from the Vanderbilt Beach Road right-of-way, as
described in Section 5.06.02A.6.a. of the LOC. The proposed sign
shall be extemally lighted.
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SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A: RPUD Master Plan, as may be
amended pursuant to this Document.
Any approvals to remove native vegetation in the on-site Preserve Areas shall be
conditional upon having a remaining minimum of 32.51 acres of native vegetation
on-site.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following, subject to regional, state, and
federal permits when required:
A. Permitted Principal Uses and Structures:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks as long as any
clearing required to facilitate these uses does not impact the
minimum required vegetation.
3.
Water management structures.
4.
Native preserves and wildlife sanctuaries.
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SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with SDPs, final subdivision
plats and all applicable State and local laws, codes, and regulations applicable to
this RPUD, in effect at the time of final plat, final SDP approval or building permit
application, as the case may be. 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 RPUD is not to be platted. The developer, its
successor or assigns, shall be responsible for the commitments outlined in this
Document.
The developer, its successor or assignee, shall follow the RPUD Master Plan and
the regulations of this RPUD as adopted, and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee, is subject to the commitments within this
Document.
5.3 PUD MASTER PLAN
A. Exhibit "A," RPUD Master Plan, illustrates the proposed Development and
is conceptual in nature. Proposed area, 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 SDP
approval. Subject to the proviSions and applicable sections of the LDC
and the GMP, in effect at that time, amendments may be made from time
to time.
B. All necessary easements, dedications, or other instruments shall be
granted to ensure the continued operation and maintenance of all service
utilities and all common areas in the project.
5.4 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
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5.5 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD) _
Surface Water Permit Application, permit modification, or waiver shall be
sent to Collier County Development Services Staff with the improvement
plans.
B. A copy of the SFWMD Surface Water Permit, SFWMD right-of-way
Permit, and SFWMD Discharge Permit shall be submitted to Collier
County Development Services Staff prior to final approval of the
improvement plans.
C. An excavation permit shall be required for the proposed lakes in
accordance with the applicable County ordinances and SFWMD Rules.
All road impact fees shall be paid prior to removal of material from the site.
D. As applicable, existing or proposed easements for Collier County
stormwater facilities shall be maintained free of landscaping, berms or any
other kind of obstacles that would impede adequate access to
maintenance crews and equipment.
5.6 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project shall be designed,
constructed, conveyed, owned and maintained in accordance with
applicable County ordinances, as amended, and other applicable County
rules and regulations.
B. The applicant shall reserve an area to be conveyed for a potable well
easement on Parcel 6 at the time of plat or SOP approval, as applicable.
The well easement shall not exceed a dimension of 40 feet by 40 feet.
The Collier County Utilities Division will provide applicable technical
support in agency permitting relative to lake siting or other relevant issues
that may arise. The proposed well easement will not interfere with the
location of project lakes or preserves. The applicant shall ensure that the
well easement area has direct access onto Buckstone Drive in perpetuity.
C. The applicant shall follow all current ordinances regarding utilities in effect
at the time of SOP or plat approval.
5.7 TRAFFIC
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FOOT)
Revised 3130107 15
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Manual of Uniform Minimum Standards (MUMS), current edition, FOOT
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 LDC.
B. Arterial level street lighting shall be provided at all development pOints of
ingress and egress from any County collector or arterial roadway. Said
lighting shall be in place prior to the issuance of the first permanent
certificate of occupancy (CO).
C. Site-related improvements (as opposed 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.
D. Road Impact Fees shall be paid in accordance with applicable County
ordinances and the LDC.
E. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended, and the LDC, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the
time of approval of this RPUD which is found to be adverse to the health,
safety, and welfare of the public. Any such modifications shall be based
on, but are not limited to: safety, operational circulation, and roadway
capacity.
F. Interconnections shall be required by Collier County staff as a condition of
SOP approval.
G. The developer shall be responsible for its proportional share of the cost of
a traffic signal system, or other traffic control device, sign, or pavement
marking at any development entrance onto the County's collector/arterial
roadway network, including both ends of the loop road, should a traffic
signal be warranted. If warranted, upon the completion of the installation,
inspection, bum-in period, and final approval/acceptance of said traffic
signal it shall be turned over (for ownership) to Collier County, and will
then be operated and maintained by the Collier County Transportation
Department.
H. Access points, including both driveways and proposed streets, shown on
the RPUD Master Plan shall be 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
Revised 3130/07 16
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final plat submissions. All such access points shall be consistent with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended from time to time, and with the Collier County Long-
Range Transportation Plan.
I. When ingress and egress improvements are determined, as necessary,
right-of-way and compensating right-of-way shall be provided for and in
conjunction with said improvements.
J. All work within the Collier County rights-of-way or public easements shall
require a right-of-way permit.
K. All internal access ways, drive aisles and roadways, not located within
County right-of-way shall be privately maintained by an entity created by
the developer, its successor in title, or assigns. 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 County shall have no responsibility for
maintenance of any such facilities.
L. The proposed loop road located around the Mission Hills development,
that would provide access for the project onto Collier Boulevard, is
conceptually shown on the RPUD Master Plan and shall be a public
roadway. It shall be designed and constructed to a minimum 30 mile per
hour design speed. The construction costs of the loop road shall not be
eligible for impact fee credits, but the developer of the roadway may be
able to privately negotiate ''fair share" payments or reimbursements from
neighboring property owners.
5.8 PLANNING
A. 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.
5.9 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and shall be subject to review and
approval by the Environmental Review Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to Collier
County jurisdictional wetlands.
B. All conservation/preservation areas shall be designated as preserves on
all construction plans and, if the project is to be platted, shall be recorded
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on the plat with protective covenants per or similar to Section 704.06 of
the Florida Statutes. Preserve areas shall be dedicated on the plat to the
project's homeowners' association, or like entity, for ownership and
maintenance responsibilities and to Collier County with no responsibility
for maintenance. Buffers and setbacks shall be provided in accordance
with the LOC.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation easements dedicated to the project's
homeowners' association or like entity and to Collier County with no
responsibility for maintenance subject to the uses and limitations similar to
or as per Section 704.06 of the Florida Statutes.
C. Buffers shall be provided around any wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of the wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by the Environmental
Services Staff.
O. A Preserve Area Management Plan shall be provided to Environmental
Staff for approval prior to site/construction plan approval identifying
methods to address treatment of invasive exotic species, fire
management, and maintenance.
E. This RPUO shall comply with the guidelines of the U.S. Fish and Wildlife
Service (USFWS) and Florida Fish and Wildlife Conservation Commission
(FFWCC) 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 SOP
approval.
F. A minimum of 32.32 acres of native vegetation shall be preserved on-site,
including all 3 strata, and emphasizing the largest contiguous area
possible. The RPUO Master Plan identifies 30.8 acres. The remaining
required preserve area of 1.52 acres shall be located adjacent to and
contiguous with the identified preserve areas shown on the RPUO Master
Plan. This remaining required preserve acreage shall be identified on the
first SOP submitted after approval of this RPUO.
G. 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 10 foot setback.
Revised 3/30/07 18
! - .---
8B
H. 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.
I. All approved agency (SFWMD, ACOE, FFWCC) permits shall be
submitted prior to final site plan/construction plan approval.
J. Any development order approval having FLUCFCS 424 melaleuca areas
within its preserve areas shall require supplemental plantings within such
melaleuca areas.
5.10 PARKS AND RECREATION
The developer shall provide a CPSC and ASTM certified commercial grade
playground, designed for 2 to 12-year old children residing in that community or
their invited guests. The playground shall be provided in a common area and
shall be operational before the issuance of any CO for the permanent residential
units.
Revised 3130/07
19
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April II, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition
PUDZ-A-2005-AR-7422, Wolf Creek PUD
Dear Legals:
Please advertise the above referenced petition on Sunday, May 6, 2007, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved to this
office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
Enclosure
Charge to: 131-138326-649100
881
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, May 22, 2007, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 04-41, 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 THE RURAL AGRICULTURAL (A)
AND PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICTS TO
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) , TO ADD 20.27 +/_
ACRES AND 117 DWELLING UNITS FOR A TOTAL OF 167.96 +/- ACRES AND
671 DWELLING UNITS, AND AMEND THE ALLOWABLE USES AND THE MASTER
PLAN, FOR PROPERTY LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH
ROAD (C.R. 862), APPROXIMATELY ONE-HALF MILE WEST OF COLLIER
BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 167.96 +/- ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 03-45, THE FORMER
WOLF CREEK PUD; AND BY PROVIDING AN EFFECTIVE DATE.
PUDZ-A-2005-AR-7422, Larry Abbo, as vice president of Prime Homes at
Portofino Falls, Ltd., represented by David R. Underhill, Jr. of
Banks Engineering and Robert D. Pritt of Roetzel & Andress, L.P.A.;
and William L. Hoover as president of Catalina Land Group Inc., both
of which are represented by David R. Underhill, Jr., of Banks
Engineering and Richard D. Yovanovich of Goodlette, Coleman and
Johnson, P.A.; are requesting a rezone from the Rural Agricultural
(A) and Planned Unit Development (PUD) zoning districts to the
Residential Planned Unit Development (RPUD) zoning district, to add
20.26 +/- acres and 80 dwelling units to the Wolf Creek RPUD for a
total of 167.96 +/- acres and 671 dwelling units, which may be
single- or multi-family dwellings, and amend the PUD document and
associated Master Plan. The applicant also proposes to reduce the
maximum height of multi-family structures from 42 feet and 3 stories
to 38 feet and 2 stories; and eliminate nursing homes, private
schools, adult living facilities and churches as allowable
conditional uses. The subject property is located on the north side
of Vanderbilt Beach Road, approximately one half mile west of Collier
Boulevard in Section 34, Township 48 South, Range 26 East, Collier
County, Florida.
88 '1
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file
All
with the Clerk to the
interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
88
Dwight E. Brock
Clerk of Courts
COl!PtyofCollier
CLERK OF THE'CIRCurIT COURT
COLLIER COUNTY QoURTf'f,OUSE
3301 TAMIAMI niAIL EA.sT
P.O. BOX4}~044 \.
NAPLES, FLORlDA~,4101-3<M4
,
;,(
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April II, 2007
Hoover Planning & Development, Inc.
William Hoover
3785 Airport Rd. N., #B-I
Naples, FL 34105
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2005-AR-7422; Wolf Creek PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 6, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
.~~
Martha Vergara,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.cIerk.collier.l1.us
Fax - (239) 775-2755
Email: colliercIerkl/VcIerk.collier.l1.us
Dwight E. Brock
Clerk of Courts
GotiptyofC()Uier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTYqoURT~OUSE
3301 TAMIAMI TI,{AIL EA~T
P.O. BOX 41:~044 \,
NAPLES, FLORIDA~1101-3044
~J/
88
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 11, 2007
"
-;
Prime Homes At Portofino Falls, L TD
Larry Abbo, VP
5555 Anglers Ave.
Ft. Lauderdale, FL 33312
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2005-AR-7422; Wolf Creek PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 6, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ VCZr--
Martha Vergara,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.f1.us
Fax - (239) 775-2755
Email: collierclerkialclerk.collier.f1.us
Dwight E. Brock
Clerk of Courts
Guqp.ty?fCOUier
CLERK OF THE CIRCUIT COURT
- ,
COLLIER COUNTY qoURTl'J,OUSE
3301 TAMIAMI n{AIL EA>ST
P.O. BOX 4f2044 .
NAPLES, FLORlDA~~101-3d44
\'/"
8a
Mil
, ~
!
.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 11, 2007
Banks Engineering
David R. Underhill, Jr.
2515 Northbrooke Plaza Dr., #200
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2005-AR-7422; Wolf Creek PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 6, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerklalclerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
CulJ,ptyofCt> llier
CLERK OF THB CIRCUIT COURT
COLLIER COUNTY PURTi'J,O. USE
3301 TAMIAMI T~IL EA<ST
P.O. BOX 4~'~044'
NAPLES, FLORIDA3jlOl-3d44
8B
\>"
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 11, 2007
Roetzel and Andress, L.P.A.
Robert Pritt
850 Park Shore Blvd.
3rd Floor
Naples, FL 34103
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2005-AR-7422; Wolf Creek PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 6, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
?l1~
Martha Vergara,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierc1erk@c1erk.collier.fl.us
8a
Dwight E. Brock
Clerk of Courts
Cuqp.tyofCollier
CLERK OF THEtlRCDIT COURT
COLLIER COUNTY QoURTl'1,oUSE
3301 TAMlAMI TRAIL EAtST
P.O. BOX 4i:~044 \
NAPLES, FL0R1DA~,1101-3d44
."1
vi"
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 11, 2007
Goodlette, Coleman & Johnson, P.A.
Richard D. Yovanovich
4001 Tamiami Trail N.
Suite 300
Naples, FL 34103
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2005-AR-7422; Wolf Creek PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 6, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
Martha Vergara,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.t1.us
Fax - (239) 775-2755
Email: collierclerklalclerk.collier.t1.us
88
Martha S. Vergara
From:
Sent:
To:
Subject:
Clerk Postmaster
Wednesday, April 11 ,2007 1 :17 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT10235.txt; PUDZ-A-2005-AR-7422 - Wolf Creek PUD
~.
~
~
L::....J
ATT1023S.txt (231 PUDZ-A-200S-AR-7
B) 422 - Wolf Cre...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page 1 of 1
88"
Martha S. Vergara
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Wednesday, April 11 ,20072:15 PM
To: Martha S. Vergara
Subject: RE: PUDZ-A-2005-AR-7422 - Wolf Creek PUD
OK
From: Martha S. Vergara [mailto:Martha.Vergara@c1erk.collier.f1.us]
Posted At: Wednesday, April 11, 2007 1: 16 PM
Posted To: Legals - NDN
Conversation: PUDZ-A-200S-AR-7422 - Wolf Creek PUD
Subject: PUDZ-A-200S-AR-7422 - Wolf Creek PUD
Pam,
Sorry, I was at lunch... Here it is with attachments
Thanks,
Martha Vergara
Deputy Clerk - BMR
239-732-2646 ex\. 7240
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
4/11/2007
Page 1 of 1
, 8B
Martha S. Vergara
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Thursday, April 19, 2007 3:17 PM
To: Martha S. Vergara
Subject: RE: PUDZ-A-2005-AR-7422 - Wolf Creek PUD
OK
From: Martha 5. Vergara [mailto:Martha.Vergara@c1erk.collier.fI.us]
Posted At: Thursday, April 19, 2007 3:05 PM
Posted To: Legals - NON
Conversation: PUDZ-A-2005-AR-7422 - Wolf Creek PUD
Subject: PUDZ-A-2005-AR-7422 - Wolf Creek PUD
Pam,
I need you to kill this ad for me and I will be sending a revised ad as soon as I get it prepared.
It was to run May 6,2007.
Thanks,
Martha Vergara
Deputy Clerk - BMR
239-732-2646 ex!. 7240
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to ([
public records request, do not send electronic mail to this entity. Instead, contact this uffice by telephone or in writing.
4/19/2007
Page 1 of2
~ 8B
Patricia L. Morgan
From: DeselemKay [KayDeselem@colliergov.net]
Sent: Thursday, April 19, 2007 3:02 PM
To: Martin, Cecilia; Minutes and Records
Subject: RE: Wolf Creek, PUDZ-A-2005-AR-7422 REVISED TITLE--GOES TO BCC 5/22/07
yes. It is on my list of 10 gazillion things to do.
Kay Deselem, AICP, Principal Planner
Dept of Zoning & Land Development ReView
Collier County Government
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239-213-2931
Fax: 239-530-6357
From: martin_c
Sent: Thursday, April 19, 2007 2:59 PM
To: 'Minutes and Records'
Cc: DeselemKay
Subject: RE: Wolf Creek, PUDZ-A-2005-AR-7422 REVISED TITLE--GOES TO BCC 5/22/07
Are you going to have to redo the ordinance and resend to CA for signature again.
From: DeselemKay
Sent: Thursday, April 19, 20072:14 PM
To: phillips_s; martin_c; RamirezHeather
Cc: 'Richard Yovanovich'; Robert Pritt
Subject: Wolf Creek, PUDZ-A-2005-AR-7422 REVISED TITLE--GOES TO BCC 5(22(07
Attached is a revised title. Please make sure the change gets made to all documents. Thanks!
pl;titiQIL_l'UDZ-Ac2QOS,AR""1422 (KD) Larry Abbo, as vice president of Prime Homes at Portofino
Falls, Ltd., represented by David R. Underhill, Jr. of Banks Engineering and Robert D. Pritt of Roetzel
& Andress, L.P.A.; and William L. Hoover, as president of Catalina Land Group Inc., who is
represented by David R. Underhill, Jr., of Banks Engineering and Richard D. Yovanovich of Goodlette,
Coleman and Johnson, P.A., are requesting a rezone from the Rural Agricultural (A) and Planned Unit
Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning
district, to add 20.26010 acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.96010 acres
and 671 dwelling units, which may be single- or multi-family dwellings, and amend the PUD document
and associated Master Plan. The applicant also proposes to reduce the maximum height of multi-family
4/19/2007
Page 2 of2
88
structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private
schools, adult living facilities and churches as allowable conditional uses. The subject property is
located on the north side of Vanderbilt Beach Road, approximately one half mile west of Collier
Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida.
Revised 1/16/07; 1/18/07,2/6/07, 4/19/07-per Rich Y. request forrepresentation.
Kay Deselem, AICP, Principal Planner
Dept of Zoning & Land Development Review
Collier County Government
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239-213-2931
Fax: 239-530-6357
4/19/2007
88
ORDINANCE NO. 07-
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 UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMEl\TIING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRffiED REAL PROPERTY FROM THE RURAL
AGRICULTURAL (A) AND PLANNED UNIT
DEVELOPMENT (PUD) ZONING DISTRICTS TO
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD),
TO ADD 20.27ct ACRES AND 117 DWELLING UNITS FOR A
TOTAL OF 167.96ct ACRES AND 671 DWELLING UNITS,
AND AMEND THE ALLOWABLE USES AND THE MASTER
PLAN, FOR PROPERTY LOCATED ON THE NORTH SIDE
OF VANDERBILT BEACH ROAD (C.R. 862),
APPROXIMA TEL Y ONE-HALF MILE WEST OF COLLIER
BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 167.96ct ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 03-45, THE FORMER
WOLF CREEK PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Larry Abbo, as vice president of Prime Homes at Porto fino Falls, Ltd.,
represented by David R. Underhill, Jr. of Banks Engineering and Robert D. Pritt of Roetzel &
Andress, L.P.A.; and William L. Hoover, as president of Catalina Land Group Inc., who is
represented by David R. Underhill, Jr., of Banks Engineering and Richard D. Yovanovich of
Goodlette, Coleman and Johnson, P.A., petitioned the Board of County Commissioners 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 property located in Section 34,
Township 48 South, Range 26 East, Collier County, Florida, is changed from the Rural
Agricultural (A) and Planned Unit Development (PUD) Zoning Districts to Residential Planned
Unit Development (RPUD) Zoning District in accordance with the RPUD Document, attached
hereto as Exhibit "A", incorporated herein and by reference made a 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/are hereby amended accordingly.
Wolf Creek PUD, PUDZ-A-2005-AR-7422
Page I of2
8a
SECTION TWO:
Ordinance Number 03-45, known as the Wolf Creek PUD, adopted on September 23,
2003, by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
Marjorie M. Student-Stirling
Assistant County Attorney
Wolf Creek PUD, PUDZ-A-2005-AR-7422
Page 2 of2
Page I of I
8B
Patricia L. Morgan
From: martin_c [CeciliaMartin@colliergov.net]
Sent: Thursday. April 19, 2007 2:59 PM
To: Minutes and Records
Cc: Deselem. Kay
Subject: RE: Wolf Creek, PUDZ-A-2005-AR-7422 REVISED TITLE--GOES TO BCC 5/22/07
Are you going to have to redo the ordinance and resend to CA for signature again.
From: DeselemKay
Sent: Thursday, April 19, 2007 2:14 PM
To: phillips_s; martin_c; RamirezHeather
Cc: 'Richard Yovanovich'; Robert Pritt
Subject: Wolf Creek, PUDZ-A-200S-AR-7422 REVISED TITLE--GOES TO BCC 5/22/07
Attached is a revised title. Please make sure the change gets made to all documents. Thanks!
P~titiml : PlJI)Z-A,Z005-AR,I~22 (KD) Larry Abbo, as vice president of Prime Homes at Portofino
Falls, Ltd., represented by David R. Underhill, Jr. of Banks Engineering and Robert D. Pritt of Roetzel
& Andress, L.P.A.; and William L. Hoover, as president of Catalina Land Group Inc., who is
represented by David R. Underhill, Jr., of Banks Engineering and Richard D. Y ovanovich of Goodlette,
Coleman and Johnson, P.A., are requesting a rezone from the Rural Agricultural (A) and Planned Unit
Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning
district, to add 20.26"= acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.96"= acres
and 671 dwelling units, which may be single- or multi-family dwellings, and amend the PUD document
and associated Master Plan. The applicant also proposes to reduce the maximum height of multi-family
structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private
schools, adult living facilities and churches as allowable conditional uses. The subject property is
located on the north side of Vanderbilt Beach Road, approximately one half mile west of Collier
Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida.
Revised 1/16/07; 1/18/07,2/6/07, 4/19107-per Rich Y. request for representation.
Kay Deselem, AICP, Principal Planner
Dept of Zomng & Land Development Review
Collier County Government
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239-213-2931
Fax: 239-530-6357
4/19/2007
Martha S, Vergara
8B
From:
Sent:
To:
Subject:
ClerkPostmaster
Friday, April 20, 2007 9:41 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT99616.txt; PUDZ-a-2005-AR-7422 -Wolf Creek PUD
:!:'l
~
B
ATT99616.txt (231 PUDZ-a-200S-AR-7
B) 422 -Wolf Cree...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page I of I
8B
Martha S. Vergara
From: Perrell. Pam [paperrell@naplesnews.com]
Sent: Friday, April 20. 2007 10:21 AM
To: Martha S. Vergara
Subject: RE: PUDZ-a-2005-AR-7422 -Wolf Creek PUD
OK
You have a great one, too!
Pam
From: Martha S. Vergara [mailto:Martha.Vergara@c1erk.collierJl.us]
Posted At: Friday, April 20, 2007 9:41 AM
Posted To: Legals - NDN
Conversation: PUDZ-a-2005-AR-7422 -Wolf Creek PUD
SUbject: PUDZ-a-200S-AR-7422 -Wolf Creek PUD
Morning Pam,
It's Friday!! Here is that revised Wolf Creek Ad..
Thanks and have a good weekend.
Martha Vergara
Deputy Clerk - BMR
239-732-2646 ex!. 7240
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
4/20/2007
NAPLES DAILY NEWS
Published Dalh
Naples. FL 341112
Affidavit of Pu blication
State of Florida
County of Collier
Before the undersigned they SCf\'C as the authority. personally
appeared !2.:...Lamb, who on oath says that the\
serve as the Assistant Corporate Secretary orthe Naples Daily',
a daily newspaper published at Naples. in Collier County.
norida~ distributed jJl Collier aud Lce (ountie::. of FloridJ~ that
the attached copy of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
\-vas published in said nc\\'spapcr 1 time in the issue
on May (ll]l 2007
Affiant fLlT1hcf says that th.:: said :"Japks ])ail~' ~l:WS is a ll<.'\\'spapcf
published at ~apks, in said Collier County_ Florida. and thaI the said
l1.:wspaper has hcrdofor<: heen umtinuollsly published in said (\lllii:r
County. Florida~ distributd ill Colli<.:r and] ,<:e countil:s uf j']orida.
each day and has heen el~krL'd as s<:l:ond class mail matter at the post
"mc..: in '\Iaples, in ~(\id Collier Count\' j'lunda_ J()f a perwd or 1
:>/ear nex1 preceding the lirst puhlication of th..: altaehed copy of
adverlisellleTlL and afliant furthcr sa\';; llul hc has neither paid nor
promised an~' person. linn or <,;orporalinn any disl:ounL rebate,
commission or refund ror the purpose ('I'securing this ad\erlis..:ment for
puhlication in th.:: said ne\\spapa
~i~
---. .-. , -------_....~--
( Sig alure of affi, nt)
Sworn to and subscribcd before mc
This (,'h day of May 21107
( I 11((' .~ LV C) \\ \':h20~. C'l Q.i:-~
(Signature of notary ,P..IJRlic)
/~:~Y.!'_~~{i:':. Chanel A McDonaid
,-' A :.j MY COMMISSION # DD2W20l EXPIRES
~;~~;i':p~:,,'.$.'l June 29 2007
"{,9~;,~}[t-" BONDED THRU TROY FA!N INSURANCE, INC
FEI 5Y-2578127
I
A. .
1V{ Ai.
!;G "Ht. APPIIOPRIATI
(f ATLAS M4P OR
MA S BV CtU.NGIHG
I~...II~.~L ~'.
..I&C:' -\
T .' D
,L HDUIT .
~'fl. fS _
m: 2 .27 +1- AC'Rl".~
M's j,l,tfWr.tf;~ tt,l
167.16 +/.,ACRES AND
671 . DWIUING UNIT .
AND ANEND TKE AL'.,.
.0WAllt.1 _ AND 'M'
_MAS.' R.~~UO~.
. . IIf' . SF'
V M . L1 ACW
ROMHc.lI. _l, Ap.
PROXIM"nLV OHI'
HALF M1LifIIWIST OF
~OL L.if ,..UIa:..1 V !ARllll
C... ). I SECTION
4-"'>"OW'NS~P"8
=I.,"~D ftl'l,
FLORIDA. C. STIHG
!-
.........,.W1'A. ',.u. '.........fAII,1..U2 '.
... ." lI'Cl"Y".f2
. ~t':.f" ,'."
Ir..-""t . -Pc.f't.I\O
~n.. L.d. repre$On"d
David H. Uticlei't1l11. Jr.
o lankS Engineering
an Robert D. Pritt of
1lntnfR-Aft.r..,.
L.I'.A.;artd'WUUam L.
HOOVIJU president. of
Catalina Land Grour'
lne.whClla_e<t
bYDiIVld"'_I,Jr:.
01 .~*nk k'S~ En Ino.'rlng.
IR- Y"~-
v of G.. ~_CGle'
ittd on, P...:
are ...-IllIO rezone
fro,", ttte.RUl'el Aorlcul-
.fitral (A) amt Planned
Uhll Devel""",ont (PlIO)
zontng dlst~rlCctl to the
.. ..UnIt
~ment (A UD)
ZDnlNII district. to add
20.26 +1. aCtel andao
dwellln.g units to the
Wolt Creek RPUD for a
total 01 147."" +1- .....
an4 OIl dW.Rlftg ll!rits.
which max be '1_- or
multi-familY ctwtlltn8"
6-ndam,,,,. the' D
d<<iJrnent and, assoclat-
.._Plon.TIIoap.
pllcant, alSO proposes to
'~8B
mum
- mllY
iftG 'feel
31-
ellrm-
mel,
adult
ond
oWlble
. The
)1'6 .tty Is 10-
on.lM Nmh side
of v,~,nd.tbl~t ee..1h
Road, ,ppr9.lm~.e ol
one hafflnHe Yf, See
COIlIarI<1U-':If-
tlon.a4 TOWftsh 48
south, Range 26 ast,
COIl.....CO\lnIY' P\llri<II,tr.
COl! oIttIe_
, orCl=.*."C8 aJean. :e
Willi. '~.' c,.... 't:!.~.'..
. ~..- "tJi'\\1W
, ..... palllu ..... Invited
to attend arid be heard.
NOTl:AII persons.. wtsh-
lng to speak on ani Y
agehda Item must rea s-
ter with the county ad-
ministrator prior !O....B!:t:
_Ion oIlho ....."'"
Item to be. "~i
Indlvld~~, 5
be Ilmlwv
on. anY_ .
tiOP' 6f~ II "to
spokon b~~r arouPal~
,~.'If_g.
~rz~':r~-& .Chatrman.
a s-pokesperton for a
trOW -or Ofl*",zltlon
may l>a "1_ 10 mln-
ute. tOlpea;k-onan
Item.'.
Persons wishing to have i
wrltttnpr ~n't'~~
~eci~~~~ftcjnda 'Packets I
must ,u'l,"mll ,old ma.,
terlal * I'ftlmrnUftl of 3
~ekprl:or to tM re',
'mll\ll'
In" . .-' me-
'e'~' Intend '0 brde
conold.... by lI!e lOa
shall ''is' .... . -- . '0
'he _ . county
staff a ,of sev.
en d.IY' priOr to the'
oubllC "'_. AU ma.
lerlal u.... tft Rmen'Od'
tlvn. before ~. Joar
~~~.t.*~a-
Anypersqn whO decides I
'0 1PpH) a decision of
the 8OIr:G wlU need a re-
cord of tt1e 'oroc:rridlngs
DMtattIng thereto and
U,erefOte, may need to
etllure'that a verbatim
record of the proceed-
\S~,Yffllchre.
cord- Ii'iCludea the testi-
mOnY. and .vldence
upon ~Ich me appeal
I. ......
BOARD OF CQUNTY
COMMISSIOHEIlS ,
COLI..I-ER. C~NTY.
~COLmA;;e""iR-
9.~"..t'. '~OCK.
W"~~~ ver.a...
jf.!I. No.l5$8I~\
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP <3 B1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ofticc. The completed routing slip and original
documents are to be forwarded to the Board Office only arter the Buard has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
-,
exceotion of the Chairman's sienature, draw a line through routine: Jines # I throueh #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routiu!! order)
I. CDES Administration
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Otlice
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff tor additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only alter the BCC has acted to approve the
item)
Name of Primary Staff Kay Deselem Phone Number 213-2931
Contact
Agenda Date Item was May 22, 2007 Agenda Item Number 8B
Annroved bv the BCC
Type of Document Ordinance/PUD document Number of Original I
Attached 2 tOl -'4-c, Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a lieable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on May 22, 2007 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, jf a Iicable.
KD
Ves
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
~'~l~iJ
BE
ORDINANCE NO. 07- 46
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 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 RURAL
AGRICULTURAL (A) AND PLANNED UNIT
DEVELOPMENT (PUD) ZONING DISTRICTS TO
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD),
TO ADD 20.2h ACRES AND 117 DWELLING UNITS FOR A
TOTAL OF 167.96clc ACRES AND 671 DWELLING UNITS,
AND AMEND THE ALLOWABLE USES AND THE MASTER
PLAN, FOR PROPERTY LOCATED ON THE NORTH SIDE
OF VANDERBILT BEACH ROAD (C.R. 862),
APPROXIMATELY ONE-HALF MILE WEST OF COLLIER
BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 167.96clc ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 03-45, THE FORMER
WOLF CREEK PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Larry Mayer Abbo, of Prime Homes at Porto fino Falls, Ltd. and William L.
Hoover, of Catalina Land Group Inc., both of whom are represented by David R. Underhill, Jr.,
of Banks Engineering and Richard Yovanovich, of Goodlette, Coleman and Johnson, P.A.,
petitioned the Board of County Commissioners 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 property located in Section 34,
Township 48 South, Range 26 East, Collier County, Florida, is changed from the Rural
Agricultural (A) and Planned Unit Development (PUD) Zoning Districts to the Residential
Planned Unit Development (RPUD) Zoning District in accordance with the RPUD Document,
attached hereto as Exhibit "A", incorporated herein and by reference made a 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/are hereby amended accordingly.
Wolf Creek PUD, PUDZ-A-2005-AR-7422
Page I of2
8 P
SECTION TWO:
Ordinance Number 03-45, known as the Wolf Creek PUD, adopted on September 23,
2003, by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a super-majority vote of the Board of County
Commissioners of Collier County, Florida, this ~~ay of m~ ,2007.
ATTEST:
DWIGH'l>E.\:J:JR0QK, CLERK
'. .)~ . . . . '. /- .
. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
c.
tl....
... ,'.
Attest S tO~.ll"1141l 'S1)t:
'lgR4ture oa I,.. ""c).: .,::';,'
. ....,.....
BY~4f
J S COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
lll(; J"-' 1,' ]")1 (rJ::i (JJ. ,<-t -fJ.CL~'L.~)
Mmjori M. Student-Stirling
Assistant County Attorney
Wolf Creek PUD, PUDZ-A-2005-AR-7422
Page 2 of2
EXHIBIT ""A""
8.""
R
WOLF CREEK RPUD
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD, A RESIDENTIAL
PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE
PREPARED FOR:
LARRY MAYER ABBO, V.P.
PRIME HOMES, INC.
21218 ST. ANDREWS BLVD., #510
BOCA RATON, FLORIDA 33433
and
WILLIAM L. HOOVER, PRES. of CATALINA LAND GROUP, INC., the MANAGER of
WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC
3775 AIRPORT ROAD N., SUITE B
NAPLES, FLORIDA 34105
PREPARED BY:
BANKS ENGINEERING
2515 NORTHBROOKE PLAZA DRIVE, SUITE 200
NAPLES, FLORIDA 34119
ROBERT PRITT
ROETZEL & ANDRESS, L.P.A.
850 PARK SHORE BOULEVARD, 3RD FLOOR
NAPLES, FLORIDA 34103
and
RICHARD D. YOVANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 TAMIAMI TRAIL N., #300
NAPLES, FLORIDA 34103
DATE FILED March 23, 2005
DATE REVISED Julv 18, 2006
DATE REVISED April 24, 2007
DATE REVIEWED BY CCPC A~1192..2007
DATE APPROVED BY BCC a,~ 2.,1..001
ORDINANCE NUMBER 20 -45
AMENDMENTS AND REPEAL O~ ~4: ':'
Revised 5/31/07 to reflect BCe changes
'1Tl,~
(f g
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
SECTION V DEVELOPMENT COMMITMENTS
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Revised 5/31/07 to reflect Bee changes II
"~
PAGE
ii
iii
1
2
6
9
14
15
11
BE'
LIST OF EXHIBITS AND TABLES
EXHIBIT "A" RPUD MASTER PLAN
EXHIBIT "B" RPUD CONCEPTUAL UTILlTYIWATER MANAGEMENT PLAN
EXHIBIT "C" LOCATION MAP
TABLE I DEVELOPMENT STANDARDS
Revised 5/31/07 to reflect Bee changes iii
BtC\) ~,~
ti
STATEMENT OF COMPLIANCE
The development of approximately 167.96 acres of property in Collier County, Florida,
as a Residential Planned Unit Development (RPUD) to be known as the Wolf Creek
Residential PUD, will be in compliance with the planning goals and objectives of Collier
County as set forth in the Collier County Growth Management Plan (GMP). The
residential facilities of the Wolf Creek RPUD will be consistent with the growth policies,
land development regulations, and applicable comprehensive planning objectives for
the following reasons:
1. The subject property's location, in relation to existing or proposed community
facilities and services, permits the development's residential density as described
in Objective 2 of the Future Land Use Element (FLUE).
2. The project development is compatible with and complimentary to surrounding
land uses as required in Policy 5.4 of the FLUE.
3. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code (LDC) as set forth in Objective 3 of the
FLUE.
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 is located within the Urban Residential Subdistrict designation of the
FLUE. The project density of 3.99 dwelling units per acre is in compliance with
the FLUE of the GMP based on the following relationships to required criteria:
Base Densitv
Maximum Permitted Density
+4
+4
dwellina units/acre
dwelling units/acre
Maximum permitted units = 167.96 acres x 4 dwelling units/acre = 671
units.
Requested dwelling units = 671, which results in a requested density of
3.99 dwelling units/acre.
6. All final local development orders for this project shall be subject to the Adequate
Public Facilities Requirements, of the LDC.
Revised 5/31/07 to reflect Bee changes
8 .
B
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 Wolf Creek Residential RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 167.96:1: acres, is comprised of 9 separate parcels
that are located in Section 34, Township 48 South, Range 26 East Collier
County, Florida, and are fully described as:
A. Parcel 1 - The South half of the Southwest quarter of the Northwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, subject to an easement for public road right-of-way over and
across the south 30 feet and the west 30 feet thereof.
B. Parcel 2 - The South half of the Southeast quarter of the Northwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, subject to an easement for public road right-of-way over and
across the south 30 feet thereof.
C. Parcel 3A - The North half of the Northeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, less Parcel 3B, subject to an easement for public road right-of-
way over and across the north 30 feet and the east 30 feet thereof.
D. Parcel 3B - A parcel of land located in the Southwest quarter of Section
34, Township 48 South, Range 26 East, Collier County, Florida, being
more particularly described as follows: commence at south Y. corner of
Section 34, Township 48, Range 26 East, Collier County, Florida; thence
run north 02013'26" west, along the east line of the southwest Y. of said
Section 34, for a distance of 2005.53 feet to the southeast corner of the
north % of the northeast Y. of the southwest Y. of said Section 34 and the
Point of Beginning of the parcel of land herein described: thence run north
89051'58" west, along the south line of the north % of the northeast Y. of
the southwest Y. of said Section 34, for a distance of 1245.00 feet; thence
run north 02013'26" west, parallel with the east line of the southwest Y. of
said Section 34, for a distance of 420.21 feet; thence run south 89051'58"
east, parallel with the south line of the north % of the northeast Y. of the
southwest Y. of said Section 34, for a distance of 1245.00 feet; thence run
Revised 5/31/07 to reflect BGG changes 2
88
..~
south 02013'26" east, along the east line of the southwest Yo of said
Section 34, for a distance of 420.21 feet to the Point of Beginning.
E. Parcel 4 - The North half of the Southeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
F. Parcel 5 - The South half of the Southeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, subject to an easement for public road right-of-way over and
across the east 30 feet thereof and less the southerly 145 feet for
Vanderbilt Beach Road right-of-way.
G. Parcel 6 - The North half of the Southwest quarter of the Southeast
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
H. Parcel 7 - The South half of the Northwest quarter of the Southeast
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
I. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of
the Southeast quarter of Section 34, Township 48 South, Range 26 East,
Collier County, Florida.
J. Parcel 9 - The South half of the Northeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
1.3 PROPERTY OWNERSHIP
A. The subject property is owned by:
1. Parcels 1, 2, and 3A by William L. Hoover, President of Catalina
Land Group, Inc., the manager of Wolf Creek Estates, LLC, 3785
Airport Road North, Suite B-1, Naples, Florida 34105.
2. Parcels 4 and 5 by Prime Homes at Portofino Limited, Attn.: Larry
Mayer Abbo, 21218 St. Andrews Boulevard, Suite 510, Boca
Raton, Florida 33433.
3. Parcels 6, 7, and 8, by William L. Hoover, President of Catalina
Land Group, Inc., the manager of Buckstone Estates, LLC, 3785
Airport Road North, Suite B-1, Naples, Florida 34105.
Revised 5/31/07 to reflect BCC changes 3
8-
4. Parcels 3B and 9 by Prime Homes at Portofino Falls, Ltd., 5555
Anglers Avenue #16B, Fort Lauderdale, Florida 33312.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the north side of Vanderbilt Beach
Road, approximately Yo mile west of Collier Boulevard (CR. 951),
unincorporated Collier County, Florida.
B. Parcel 9 currently has agricultural zoning and is proposed to be rezoned to
RPUD. The remaining area (Parcels 1 - 8) are zoned PUD, Wolf Creek,
approved by Collier County Ordinance No. 03-45 and are proposed to be
rezoned to RPUD. An abandoned mobile home is located on Parcel 1, a
newer modular home was erected on Parcel 2 but recently was relocated
off-site, a mobile home was previously on Parcel 8 but has since been
relocated off-site, a single-family home is on Parcel 10, and the remaining
parcels are undeveloped. Parcels 1 and 8 have existing lakes on the
properties.
1.5 PHYSICAL DESCRIPTION
The project site is located within the Harvey Drainage Basin according to the
Collier County Drainage Atlas. The proposed outfall for the project will be to the
northwest into the proposed Palermo Cove RPUD water management system
and then to the west into the Island Walk stormwater management system and to
the south along Vanderbilt Beach Road. In both cases, the stormwater outfall will
enter the Island Walk stormwater management system.
Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation
is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no
base flood elevation specified.
The water management system of the project will include the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment will be accomplished by an on-site lake
system prior to discharge as described above.
The water management system will be permitted by the South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this project
including, but not limited to: storm attenuation with a peak discharge rate per
Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm
and finished floor elevations, water quality pre-treatment, and wetland hydrology
maintenance.
Revised 5/31/07 to reflect BCC changes 4
8'._,
t",,'
i...:
L;
Per Collier County Soil Legend dated January 1990, the soil types found within
the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum;
#27 - Holopaw Fine Sand and #33 Urban Land - Holopaw - Basinger Complex.
Site vegetation consists predominantly of pine flatwoods, pine-cypress, cypress
forest and woodland with a mix of different vegetation types.
1.6 PROJECT DESCRIPTION
The Wolf Creek RPUD is a project comprised of a maximum of 671 residential
units. Recreational facilities and other facilities and services will be provided in
conjunction with the dwelling units. Residential land uses, recreational uses, and
signage are designed to be harmonious with one another in a natural setting by
using common architecture, quality screening/buffering, and native vegetation,
whenever feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Wolf Creek Residential Planned
Unit Development Ordinance."
Revised 5/31/07 to reflect BGG changes 5
88
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 Wolf Creek RPUD shall be in
accordance with the contents of this Document, RPUD - Residential
Planned Unit Development, and other applicable sections and parts of the
LDC and GMP in effect at the time of building permit application. Where
these regulations fail to provide developmental standards, then the
provisions of the most similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the LDC in effect at the time of building permit
application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Wolf Creek RPUD shall become
part of the regulations which govern the manner in which the RPUD site
may be developed.
D. Unless modified, waived or excepted by this RPUD other provisions of the
LDC, where applicable, remain in full force and effect with respect to the
development of the land which comprises this RPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities
Requirements, of the LDC.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan.
There shall be numerous land use tracts, plus necessary water
management lakes, street rights-of-way, the general configuration of
which is also illustrated by Exhibit "A".
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or,
upon approval, parts thereof may be constructed as shallow, intermittent
Revised 5/31/07 to reflect BCC changes 6
8 8
wet and dry depressions for water retention purposes. Such areas, lakes
and intermittent wet and dry areas shall be in the same general
configuration and contain the same general acreage as shown by Exhibit
"A". Minor modification to all tracts, lakes or other boundaries may be
permitted at the time of subdivision plat or SDP approval, subject to the
provisions of the LDC.
C. In addition to the various areas and specific items shown in Exhibit "N,
such easements as necessary (utility, private, semi-public) shall be
established within or along the various Tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of 671 residential dwelling units shall be constructed in the
residential areas of the project. The gross project area is 167.96:t acres. The
gross project density shall be a maximum of 3.99 units per acre if all 671 dwelling
units are approved and constructed.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or
part of the RPUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the RPUD Master Plan, Collier County subdivision rules,
and the platting laws of the State of Florida.
B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD
development plan. Subsequent to or concurrent with RPUD approval, a
subdivision plat or SDP, as applicable, may be submitted for areas
covered by the RPUD Master Plan. Any division of the property and the
development of the land shall be in compliance with the RPUD Master
Plan and LDC.
C. Appropriate instruments will be provided at the time of infra structural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
Revised 5/31/07 to reflect BCC changes 7
88
SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", RPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the RPUD shall be 671.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Single-family dwellings (includes zero-lot line and townhouses
intended for fee simple conveyance).
2. Two-family dwellings and duplexes.
3. Multi-family dwellings.
B. Permitted Accessorv Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, fishing docks, walking paths, picnic areas,
recreation buildings, and basketball/shuffle board courts.
3. Temporary sales trailers and model units.
4. Gatehouse.
5. Essential services limited to utility facilities, such as electric
transformers, pumps and lift stations.
6. Water management facilities.
Revised 5/31/07 to reflect BCC changes 8
8,.'"
,
."
C. Interim Uses
1. The existing single-family home on parcel 10 shall be permitted for
residential single-family land uses and customary accessory uses
until construction is commenced on the parcel 10.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the Wolf
Creek RPUD. Front yard setbacks in Table I shall be measured as
follows:
1. If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
3. Carports shall be permitted within parking areas and garages shall
be permitted at the edge of vehicular pavements except garages
shall be set back to provide 23 feet of driveway between the garage
and sidewalk to prevent parked vehicles from overhanging the
sidewalk.
Revised 5/31/07 to reflect BGG changes 9
8n'
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TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS SINGLE,FAMIL Y SINGLE-FAMIL Y TWO-FAMILY AND MULTI-FAMILY
ATTACHED DUPLEX
TOWNHOUSES
Minimum Lot Area (per unit) 5,500 Sq. Ft. ] ,800 Sq. Ft. 4,500 Sq. Ft. NA
Minimum Lot Width (I) 50' Interior Lots 181 Interior Lots 80' Interior Lots (40') (2) NA
60' Comer Lots 25 S Exterior Lots 100' Comer Lots (50') (2) NA
Minimum Front Yard Setback (6) 23' (3) (4) 23' (3) (4) 23' (3) (4) 15'(3)
Minimum Side Yard Setback (5) (6)
] Story 0' & ]2' or both 6' NA 0' & 6' or both 6' 7S
2 Story 0' & 15' or both 0' or 7.5' 0'&7Sorboth7S 10'
7.5'
Minimum Rear Yard Setback (6)
Principal Structure 20' ]5' 20' 20'
Accessory Structure 10' ]0' 10' ]0'
Minimum PUD Boundarv Setback
Principal Structure NA NA NA 20'
Accessory Structure NA NA NA ]0'
Minimum Lake Setback (7) 20' 20' 20' 20'
Minimum Preserve Area Setback
Principal Structure
Accessory Structure 25' 25' 25' 25'
]0' 10' ]0' 10'
Minimum Distance Between Structures
Main/Principal! Accessory
I-Story 12' NA 12' 15'
2-Story 15' ] 5' 15' 20'
Maximum Height
Principal Bui]ding 351 and 2 stories 35' and 2 stories 35' and 2 stories 38' and 2 stories
Accessory Building 25'/Clubhouse 35' 25'/Clubhouse 35' 25'/Clubhouse 35' 25'/C]ubhouse 38'
Minimum Floor Area 1400 Sq. Ft. 1400 Sq. Ft. 1200 Sq. Ft. ] ]50 Sq. Ft.
(I) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is
on an individually platted lot.
(3) Community tennis courts, basketball courts, and similar recreational facilities shall have a Is-foot
minimum setback from all property boundaries of the recreational tract/lot.
(4) The front yard setback for side-loaded garages may be reduced to 18 feet, with the home remaining at
23 feet, where it can be demonstrated 2 vehicles can be adequately parked on double-wide driveways
without the vehicles overhanging onto the sidewalks located at the edge of the right-of-way.
(5) Where fee simple lots are created for each dwelling unit, no side yard shall be required between
interior units of a uni fied principal structure, and the side yard shall be measured from exterior wall of the
unified principal structure.
(6) In no instance shall there be an encroachment into a required landscape bufTer.
(7) Lake setbacks are measured from the control elevation established for the lake.
Revised 5/31/07 to reflect BGG changes
10
aJ
B. Natural Habitat Preserve Area Requirements:
1. A minimum of 32.32 acres of natural habitat areas shall be provided
on-site, including both the under-story and the ground cover
emphasizing the largest contiguous area possible, as described in
the LDC.
2. All preserve areas shall be a minimum average of 50 feet in width
and no less than 20 feet in width, pursuant to the LDC.
C. Architectural Standards
1. All proposed lighting, sign age, landscaping and visible
architectural infrastructure shall be architecturally and
aesthetically unified within any project that is developed.
Said unified architectural theme shall include a similar
architectural design and use of similar materials and colors
throughout all of the amenities within the project.
Landscaping and streetscape materials shall also be similar
in design along Pristine Drive and within any project that is
developed. All proposed roofs shall be finished in tile,
metal, wood, or architecturally-designed shingles (such as
Timberline).
D. Siqns
Signs shall be permitted as described within the LDC, except for signage
described within Paragraph 3.4.H.
E. Deviations
1. Deviation #1 seeks relief from LDC Section 5.06.02A.6.a that requires
on-premises signs within residential districts to maintain a ten-foot
setback from any property line unless placed on a fence or wall to
allow a zero (0) foot setback from the property line shared with the
Carolina Village Mixed Use PUD.
This deviation will permit approximately half, of one double-faced sign
a maximum of 8 feet in height and 64 square feet in area, located in a
median in the road between the Wolf Creek Residential PUD (labeled
Pristine Drive on Exhibit "AU) and the Carolina Village Mixed Use PUD
and on the west side of the Carolina Village property line and to reduce
the minimum 10-foot setback from the neighboring Carolina Village
Mixed Use PUD to 0 feet with the advertising limited exclusively to no
more than 3 residential developments within the Wolf Creek
Residential PUD. The proposed sign shall meet all vehicular safety
Revised 5/31/07 to reflect BGG changes 11
81
sight distance standards for Collier County and have a minimum 10-
foot setback from the Vanderbilt Beach Road right-of-way, as
described in Section 5.06.02A.6.a. of the LDC. The proposed sign shall
be externally lighted.
Revised 5/31/07 to reflect Bee changes 12
88
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A," RPUD Master Plan, as may be
amended pursuant to this Document.
Any approvals to remove native vegetation in the on-site Preserve Areas shall be
conditional upon having a remaining minimum of 32.32 acres of native vegetation
on-site.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following, subject to regional, state, and
federal permits when required:
A. Permitted Principal Uses and Structures:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks as long as any
clearing required to facilitate these uses does not impact the
minimum required vegetation.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
Revised 5/31/07 to reflect BGG changes
13
88
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with SDPs, final subdivision
plats and all applicable State and local laws, codes, and regulations applicable to
this RPUD, in effect at the time of final plat, final SDP approval or building permit
application, as the case may be. 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 RPUD is not to be platted. The developer, its
successor or assigns, shall be responsible for the commitments outlined in this
Document.
The developer, its successor or assignee, shall follow the RPUD Master Plan and
the regulations of this RPUD as adopted, and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee, is subject to the commitments within this
Document.
5.3 PUD MASTER PLAN
A. Exhibit "A," RPUD Master Plan, illustrates the proposed Development and
is conceptual in nature. Proposed area, 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 SDP
approval. Subject to the provisions and applicable sections of the LDC
and the GMP, in effect at that time, amendments may be made from time
to time.
B. All necessary easements, dedications, or other instruments shall be
granted to ensure the continued operation and maintenance of all service
utilities and all common areas in the project.
5.4 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
Revised 5/31/07 to reflect BGG changes 14
88
5.5 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD) -
Surface Water Permit Application, permit modification, or waiver shall be
sent to Collier County Development Services Staff with the improvement
plans.
B. A copy of the SFWMD Surface Water Permit, SFWMD right-of-way
Permit, and SFWMD Discharge Permit shall be submitted to Collier
County Development Services Staff prior to final approval of the
improvement plans.
C. An excavation permit shall be required for the proposed lakes in
accordance with the applicable County ordinances and SFWMD Rules.
All road impact fees shall be paid prior to removal of material from the site.
D. As applicable, existing or proposed easements for Collier County
stormwater facilities shall be maintained free of landscaping, berms or any
other kind of obstacles that would impede adequate access to
maintenance crews and equipment.
5.6 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project shall be designed,
constructed, conveyed, owned and maintained in accordance with
applicable County ordinances, as amended, and other applicable County
rules and regulations.
B. The applicant shall reserve an area to be conveyed for a potable well
easement on Parcel 6 at the time of plat or SDP approval, as applicable.
The well easement shall not exceed a dimension of 40 feet by 40 feet.
The Collier County Utilities Division will provide applicable technical
support in agency permitting relative to lake siting or other relevant issues
that may arise. The proposed well easement will not interfere with the
location of project lakes or preserves. The applicant shall ensure that the
well easement area has direct access onto Buckstone Drive in perpetuity.
C. The applicant shall follow all current ordinances regarding utilities in effect
at the time of SDP or plat approval.
Revised 5/31/07 to reflect BGG changes 15
8R
..--.~
5.7 TRAFFIC
A. 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 LDC.
B. Arterial level street lighting shall be provided at all development points of
ingress and egress from any County collector or arterial roadway. Said
lighting shall be in place prior to the issuance of the first permanent
certificate of occupancy (CO).
C. Site-related improvements (as opposed 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.
D. Road Impact Fees shall be paid in accordance with applicable County
ordinances and the LDC.
E. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended, and the LDC, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the
time of approval of this RPUD which is found to be adverse to the health,
safety, and welfare of the public. Any such modifications shall be based
on, but are not limited to: safety, operational circulation, and roadway
capacity.
F. Interconnections shall be required by Collier County staff as a condition of
SDP approval.
G. The developer shall be responsible for its proportional share of the cost of
a traffic signal system, or other traffic control device, sign, or pavement
marking at any development entrance onto the County's collector/arterial
roadway network, including both ends of the loop road, should a traffic
signal be warranted. If warranted, upon the completion of the installation,
inspection, burn-in period, and final approval/acceptance of said traffic
signal it shall be turned over (for ownership) to Collier County, and will
then be operated and maintained by the Collier County Transportation
Department.
Revised 5/31/07 to reflect BGG changes 16
88
H. Access points, including both driveways and proposed streets, shown on
the RPUD Master Plan shall be 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 points shall be consistent with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended from time to time, and with the Collier County Long-
Range Transportation Plan.
I. When ingress and egress improvements are determined, as necessary,
right-of-way and compensating right-of-way shall be provided for and in
conjunction with said improvements.
J. All work within the Collier County rights-of-way or public easements shall
require a right-of-way permit.
K. All internal access ways, drive aisles and roadways, not located within
County right-of-way shall be privately maintained by an entity created by
the developer, its successor in title, or assigns. 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 County shall have no responsibility for
maintenance of any such facilities.
L. The proposed loop road located around the Mission Hills development,
that would provide access for the project onto Collier Boulevard, is
conceptually shown on the RPUD Master Plan and shall be a public
roadway. It shall be designed and constructed to a minimum 30 mile per
hour design speed. The construction costs of the loop road shall not be
eligible for impact fee credits, but the developer of the roadway may be
able to privately negotiate "fair share" payments or reimbursements from
neighboring property owners.
M. No building permits shall be issued for any of the additional 80 units
approved in the 20 acres that is being added to this PUD until such time
as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and
Livingston Road, and CR 951 between Golden Gate Boulevard and
Immokalee Road are substantially complete.
N. Within 30 days of the adoption date of this RPUD rezone, the developers
owning the property fronting Pristine Drive shall convey in fee simple to
Collier County the right-of-way necessary for the two-lane construction of
Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive
right-of-way. The anticipated width of the right-of-way is 60 feet. The turn
lanes required for each individual project shall be accommodated within
the project's boundary.
Revised 5/31/07 to reflect BGG changes 17
ae
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O. The developer shall start construction of Pristine Drive within one year of
the approval of this RPUD rezone, and said roadway shall be constructed
to County standards and accepted by Collier County through the normal
acceptance process. Said roadway shall be complete within a maximum
of two years from the approval date of this RPUD rezone.
P. The developer shall design and permit, but not construct, a 3D-foot wide
interconnection between the Island Walk development and Pristine Drive
(fifteen feet to be provided by the respective property owners on each side
of the shared boundary between the properties owned by Wolf Creek
Estates, LLC, or its successor, and Prime Homes at Portofino Falls, Ltd.,
Builders LLC, or its successor). The interconnection design shall include
20 feet of pavement and one 5 foot sidewalk. The 3D-foot wide strip of
land shall be granted as a public easement. Said interconnection
requirement shall be completed, Le., conveyed, designed and permitted
within one year of the adoption date of this RPUD rezone. This
connection road shall not constitute a road right-of-way for the purpose of
calculating setback or buffering requirements.
5.8 PLANNING
A. 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.
5.9 ENVIRONMENTAL
A. A minimum of 32.32 acres of native vegetation shall be preserved on-site,
including all 3 strata, and emphasizing the largest contiguous area
possible. The RPUD Master Plan identifies 30.8 acres. The remaining
required preserve area of 1.52 acres shall be located adjacent to and
contiguous with the identified preserve areas shown on the RPUD Master
Plan. This remaining required preserve acreage shall be identified on the
first SOP submitted after approval of this RPUD.
B. Any development order approval having FLUCFCS 424 melaleuca areas
within its preserve areas shall require supplemental plantings within such
melaleuca areas.
5.10 PARKS AND RECREATION
The developer shall provide a CPSC and ASTM certified commercial grade
playground, designed for 2 to 12-year old children residing in that community or
their invited guests. The playground shall be provided in a common area and
shall be operational before the issuance of any CO for the permanent residential
units.
Revised 5/31/07 to reflect BCC changes
18
88
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-46
Which was adopted by the Board of County Commissioners
on the 22th day of May, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of May, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
r
I>>~ V~
By: Martha Vergara; .
Deputy Clerk
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
0' Be
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement
(Display Adv., location, etc.)
X Other: See Attached
**********************************************************************************************************
Originating Deptl Div: Comm.Dev.Serv./Comprehensive Planning Person: Marcia R.Kendall
Petition No. (If none, give brief description): Falls at Porto fino CDD
Date: 4/25/2007
Petitioner: (Name & Address): Me. Lany Mayer Abbo, Vice President and Chief Executive Officer, and Ms. Linda Socolow, Prime
Home Builders, 21218 S1. Andrews Blvd. #510, Boca Raton, Florida 33433.
Name & Address of any person(s) 10 be nolified by Clerk's Olliee: (If more space is needed, attach separale sheet) ): Me. Larry Mayer
Abbo, Vice President and Chief Executive Officer, Prime Home Builders, 21218 S1. Andrews Blvd. #510, Boca Raton, Florida 33433.
Hearing before XXX BCC
BZA
Other
Requested Hearing dale: Mav 22, 2007, Based on the advertisement appearing 3 Successive Sundays prior to hearing.
Newspaper(s) to be used: (Complete only ifimporlant):
XXX Naples Daily News
Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: See Atlached
Companion petition(s), ifany & proposed hearing date: N/A
Does Petition Fee include advertising cost? X Yes D No If Yes, what account should be charged for advertising costs:
111-138317-649110-00000
Reviewed by: Approved by:
County Manager
Date
Department Director
Date
List Attachments: Bee Advertisement Request, Ordinance and Advertisement requirements
DISTRIBUTION INSTRUCTIONS
A. For hearings before BeC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
D Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
;,~;*~~~;~,~*~*;;;~~*~~*;**~;:~~*********~***************~************************7i;;;q***~*r[,******
Date ReceIved: ~ate at Pubhc heaflng: ~1eate Adverl1sed: ----5tr3- II )
Be
NOTICE OF PUBLIC HEARING
The Board of County Commissioners of Collier County. Florida (the "Board") hereby gives
notice to the citizens of Collier County that a public hearing shalf be conducted in accordance
with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the
Commission Board Room, 3rd Floor W. Harmon Turner Building (Bldg "F") Collier County
Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, May 22, 2007.
The subject of the Public Hearing is consideration by the Board of a petition filed by Prime
Home Builders, for the establishment of a Community Development District (COD) form of
special purpose local government to be known as Falls of Portofina COO by Collier County
Ordinance pursuant to Section 190.005(2), Florida Statutes. The district government would
serve an area of land in Collier County generally described as follows:
The proposed District is located entirely within Collier County,
Florida, located on the north side Vanderbilt Beach Road
(C.R. 862). The proposed district covers approximately 68.39 I
acres of land. The site is located in Sections 34, Township 48
South. Range 26 East. as depicted below.
[Insert Map Here]
Such community development district special purpose government is a way to provide
infrastructure subject to the regulatory requirements of both the State of Florida and Collier
County governing any existing or future lawful use and development of the land described
above, and specifically governing the planning, implementation, maintenance, and financing of
basic community facilities, systems, and services which may be required of any such
development consistent with principles of concurrency, comprehensive planning, and
development permitting.
On December 14, 2005, Larry Abbo, Vice President, its General Partner, officially submitted
and filed its COD petition to Collier County, along with the application-processing fee of
$15,000.00 for review by the County.
The Board's consideration of the CDD Petition will comply with Section 190.005(2)(b)(c). Florida
Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the
relationship of the petition as submitted by Larry Abbo, Vice President, to the six factors listed in
Section 190.005(1 )(e), Florida Statutes. and determine whether Collier County will establish the
Falls of Portofino Community Development District by adoption of an ordinance.
According to the Petition, at least four categories of persons may be affected by the economic
consequences of the proposed district establishment: State of Florida and its citizens (modest
or very small); Collier County and Its citizens (modest or very small); the present property
owners; and the future property owners.
A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance
with the requirements of Section 120.541, Florida Statutes, including an explanation of its
computations and determinations, is available for review, along with a copy of the full text of the
petition and any of its documentation, at the Office of the County Clerk, Collier County, 3301
Tamiami Trail, East, Naples, Florida.
Copies of the petition, which contains the legal description of the real property to be serviced by
the proposed district, are also on file at the Collier County Comprehensive Planning
Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited
to attend.
~'8C
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he 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.
April 29. May 6, 13. 2007
Falls of Portofino Community Development District
Larry Abbo. Vice President
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
JAMES COLETTA. CHAIRMAN
DWIGHT E. BROCK. CLERK
By: IslPatricia Morgan. Deputy Clerk
(SEAL)
PUBLIC HEARING/MK
SUBJECT
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SITE LOCATION MAP
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SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
FALLS OF PORTOFINO
C.D.D.
PROJECT LOCATION MAP
EXHIBIT '1'
'Be
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
; 8 C
~
\tU
To: Clerk to the Board: Please place lhe following as a:
Normal legal Advertisement
(Display Adv.. location. etc.)
X Other: See Attached
Originating DepU Div; Comm.Dev.ServJComprehensive Planning Person: Marcia R.Kendall
Petition No. (If none. give brief description): Falls at Portofino CDD
**********************************************************************************************************
Date: 4/25/2007
Petitioner: (Name & Address): Mr. Larry Mayer Abbo, Vice President and Chief Executive Officer, and Ms. Linda Socolow, Prime
Home Builders. 21218 St. Andrews Blvd. #510. Boca Raton. Florida 33433.
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is nceded, attach separate sheet) ): Mr. Larry Mayer
Abbo. Vice President and Chief Executive Officer, Prime Home Builders, 21218 St. Andrews Blvd. #510, Boca Raton, Florida 33433.
Hearing before XXX BCC
BZA
Other
Requested Hearing date: Mav 22. 2007, Based on the advertisement appearing 3 Successive Sundays prior to hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date: NIA
Does Petition Fee include advertising cost? X Yes 0 No If Yes, what account should be charged for advertising costs:
111-138317-6 9110-00000
b Approved by:
f{-ZJ-':'7
County Manager
Date
Department Director
Date
List Attachments: BCC Advertisement Request, Ordinance and Advertisement requirements.
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Mana~er. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY:
Date Received:
***********************************************************************************************************
Date of Public hearing:
Date Advertised:
~i"BC
NOTICE OF PUBLIC HEARING
The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives
notice to the citizens of Collier County that a public hearing shall be conducted in accordance
with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the
Commission Board Room, 3'd Floor W. Harmon Turner Building (Bldg "P') Collier County
Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, May 22, 2007.
The subject of the Public Hearing is consideration by the Board of a petition filed by Prime
Horne Builders, for the establishment of a Community Development District (COD) form of
special purpose local government to be known as Falls of Portofino COD by Collier County
Ordinance pursuant to Section 190.005(2), Florida Statutes. The district government would
serve an area of land in Collier County generally described as follows:
The proposed District is located entirely within Collier County,
Florida, located on the north side Vanderbilt Beach Road
(C.R. 862). The proposed district covers approximately 68.39 ot
acres of land. The site is located in Sections 34, Township 48
South, Range 26 East, as depicted below.
[Insert Map Here]
Such community development district special purpose government is a way to provide
infrastructure subject to the regulatory requirements of both the State of Florida and Collier
County governing any existing or future lawful use and development of the land described
above, and specifically governing the planning, implementation, maintenance, and financing of
basic community facilities, systems, and services which may be required of any such
development consistent with principles of concurrency, comprehensive planning, and
development permitting.
On December 14, 2005, Larry Abbo, Vice President, its General Partner, officially submitted
and filed its COD petition to Collier County, along with the application-processing fee of
$15,000.00 for review by the County.
The Board's consideration of the COD Petition will comply with Section 190.005(2)(b)(c), Florida
Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the
relationship of the petition as submitted by Larry Abbo, Vice President, to the six factors listed in
Section 190.005(1)(e), Florida Statutes, and determine whether Collier County will establish the
Falls of Portofino Community Development District by adoption of an ordinance.
According to the Petition, at least four categories of persons may be affected by the economic
consequences of the proposed district establishment: State of Florida and its citizens (modest
or very small); Collier County and its citizens (modest or very small); the present property
owners; and the future property owners.
A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance
with the requirements of Section 120.541, Florida Statutes, including an explanation of its
computations and determinations, is available for review, along with a copy of the full text of the
petition and any of its documentation, at the Office of the County Clerk, Collier County, 3301
Tamiami Trail, East, Naples, Florida.
Copies of the petition, which contains the legal description of the real property to be serviced by
the proposed district, are also on file at the Collier County Comprehensive Planning
Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited
to attend.
8 G ':1
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proclllldlng, and for such purpose he 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.
April 29, May 6, 13, 2007
Falls of Portofino Community Development District
Larry Abbo, Vice President
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IslPatricia Morgan, Deputy Clerk
(SEAL)
PUBLIC HEARING/MK
SUBJECT
PARCEL
SITE LOCATION MAP
/
N,r.S
846
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SABAL PALM RD.
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
FALLS OF PORTOFINO
C.D.D.
PROJECT LOCATION MAP
EXHJBIT ' l'
Be
Be
ORDINANCE NO, 07-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE FALLS OF
PORTOFINO COMMUNITY DEVELOPMENT DISTRICT;
DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT;
NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF
SUPERVISORS; NAMING THE DISTRICT; PROVIDING STATUTORY
PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR
CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LA WS AND ORDINANCES; AND PROVIDING AN EFf'ECTlVE DATE.
WHEREAS, Primc Home Builders has petitioned the Board of County Commissioners
(Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the
Falls of Portofino Community Development District (District): and
WHEREAS, thc Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section
190.005(2)(c), Florida Statutes:
I. The petition is complete and mcets the requirements of Section 190.005, Florida
Statutes, and all statements contained within the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE FALLS OF PORTOFINO
COMMUNITY DEVELOPMENT DISTRICT.
The Falls of Portofino Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
8e
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
I.
Linda Socolow
21218 Sl. Andrews Blvd., #510
Boca Raton, Florida 33432
3.
John Nelson
21218 Sl. Andrews Blvd. #510
Boca Raton, Florida 33432
2.
Loraine Vanella
21218 Sl. Andrews Blvd., #510
Boca Raton, Florida 33432
4.
Joanna Fish
21218 St. Andrews Blvd. #510
Boca Raton, Florida 33432
5. Laura Cadiz
21218 Sl. Andrews Blvd., #510
Boca Raton, Florida 33432
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Falls of Portofino Community Development District."
SECTION FIVE:
STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Falls of Portofino Community Development District shall be governed by the
provisions of Chapter 190, Florida Statutes, and all other applicable general and local law.
SECTION SIX:
CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Falls of Portofino Community
Development District will be duly and legally authorized to exist and cxercise all of its powers as
set forth in Section 190.012(1), Florida Statutes, and as otherwise providcd by law. Any request
for additional powers provided by Section 190.012(2), Florida Statutes, must come by public
petition to this Board
SECTION SEVEN: PETITIONER'S COMMITMENTS
Petitioner, its successors and assigns, shall (I) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
and remedies available at law and in equity to enforce Petitioner's commitments against
Petitioner, its successors and assigns.
SECTION EIGHT: 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, dislinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
2
Be
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION TEN:
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 or , 2007.
ATTEST: DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
JAMES COLETTA, Chairman
Ap
an
Jeffr A. Klat ow
Man ging Assi ant Country Attorney
3
Be
April 25, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: NOTICE OF PUBLIC HEARING - FALLS OF PORTOFINO CDD
Dear Legals:
Please advertise the above referenced notice on the following consecutive weeks,
Sunday, April 29, 2007, Sunday, May 6,2007 and Sunday, May 13, 2007 and
kindly send the Affidavit of Publication, in triplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O.! Account # 111-138317-649110-00000
NOTICE OF PUBLIC HEARING
The Board of County Commissioners of Collier County. Florida (the "Board") hereby gives
notice to the citizens of Collier County that a public hearing shall be conducted in accordance
with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the
Commission Board Room, 3rd Floor W. Harmon Turner Building (Bldg "F") Collier County
Government Center. 3301 Tamiami Trail. East, Naples. Florida. on Tuesday, May 22. 2007.
The subject of the Public Hearing is consideration by the Board of a petition filed by Prime
Home Builders. for the establishment of a Community Development District (CDD) form of
special purpose local government to be known as Falls of Portofino COO by Collier County
Ordinance pursuant to Section 190.005(2). Florida Statutes. The district government would
serve an area of land in Collier County generally described as follows:
The proposed District is located entirely within Collier County,
Florida, located on the north side Vanderbilt Beach Road
(CR. 862). The proposed district covers approximately 68.39 io
acres of land. The site is located in Sections 34, Township 48
South. Range 26 East. as depicted below.
[Insert Map Here)
Such community development district special purpose government is a way to provide
infrastructure subject to the regulatory requirements of both the State of Florida and Collier
County governing any existing or future lawful use and development of the land described
above, and specifically governing the planning, implementation, maintenance, and financing of
basic community facilities, systems, and services which may be required of any such
development consistent with principles of concurrency, comprehensive planning, and
development permitting.
On December 14, 2005, Larry Abbo, Vice President, its General Partner, officially submitted
and filed its CDD petition to Collier County. along with the application-processing fee of
$15,000.00 for review by the County.
The Board's consideration of the COD Petition will comply with Section 190.005(2)(b)(c), Florida
Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the
relationship of the petition as submitted by Larry Abbo, Vice President, to the six factors listed in
Section 190.005(1 )(e). Florida Statutes, and determine whether Collier County will establish the
Falls of Portofino Community Development District by adoption of an ordinance.
According to the Petition, at least four categories of persons may be affected by the economic
consequences of the proposed district establishment: State of Florida and its citizens (modest
or very small); Collier County and its citizens (modest or very small); the present property
owners; and the future property owners.
A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance
with the requirements of Section 120.541, Florida Statutes, including an explanation of its
computations and determinations, is available for review, along with a copy of the full text of the
petition and any of its documentation, at the Office of the County Clerk, Collier County, 3301
Tamiami Trail, East, Naples, Florida.
Copies of the petition, which contains the legal description of the real property to be serviced by
the proposed district, are also on file at the Collier County Comprehensive Planning
Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited
to attend.
Be
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he 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.
April 29. May 6. 13, 2007
Falls of Portofino Community Development District
Larry Abbo, Vice President
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
JAMES COLETTA. CHAIRMAN
DWIGHT E. BROCK. CLERK
By: /s/Teresa Polaski. Deputy Clerk
(SEAL)
PUBLIC HEARINGlMK
Be
SUBJECT
PARCEL
SITE LOCATION MAP
~OIL WELL RD
---.- -- ,--
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SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
FALLS OF PORTOFINO
C.D.D.
PROJECT LOCATION MAP
EXHIBIT '1'
8e
Dwight E. Brock
Clerk of Courts
GOIlPtyofG011ier
-.... ..-"--. ,
CLERK OF THB GIRCtJIT COURT
COLLIER COUNTY CpURTPf,OUSE
3301 TAMIAMI TJ,{AIL EA~T
P.O. BOX 4 j'~044 \,
NAPLES, FLORlDA'3,1101-3G.t4
'"
U I
Be
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 25, 2007
Ms. Linda Socolow
Prime Home Builders
21218 Sl. Andrews Blvd. #510
Boca Raton, FL 33433
Re: Notice of Public Hearing to consider
FALLS OF PORTOFINO COD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, May 22, 2007 as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in
the Naples Daily News on the following Sunday's - April 29, 2007, May 6,
2007, May 13, 2007 and May 20,2007.
You are invited to attend this public hearing.
Sincerely,
~ niGHT E.. BR~K,_ CLERK - k
~L~..lJ.Q ~Q Y&) I .
Teresa Polaski,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.cIerk.collier.fl.us
Fax - (239) 775-2755
Email: colliercIerkfalcIerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
CUlJpfy-ofColJier
CLERK OF THEGIRCUIT COURT
. ,
COLLIER COUNTY qoURTij,OUSE
3301 TAMIAMI TJMIL EA~T
P.O. BOX 4~a044 ".
NAPLES, FLORIDA~jlOl-3D44
..,
~( I
Be
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 25, 2007
Mr. Larry Mayer Abbo
Prime Home Builders
21218 St. Andrews Blvd. #510
Boca Raton, FL 33433
Re: Notice of Public Hearing to consider
FALLS OF PORTOFINO COD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, May 22, 2007 as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in
the Naples Daily News on the following Sunday's - April 29, 2007, May 6,
2007, May 13, 2007 and May 20,2007.
You are invited to attend this public hearing.
Sincerely,
i'\. ~IGHT E. BROCK, CLER~
~VUJ.cA--~l. )~
Teresa Polaski,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.t1.us
Fax - (239) 775-2755
Email: collierclerk@'c1erk.collier.t1.us
Teresa L. Polaski
Be
To:
Cc:
Subject:
legals@naplesnews.com
Kendall. Marcia
Notice of Hearing - Weeks 1-3
Attachments:
NOTICE OF Public Hearing - Portofino 3 wks.doc: Notice of Public Hearing - Portofino 3
wks.doc: Site Map - Falls of Portofino.doc
Legals.
Please advertise the following on these consecutive Sundays - April 29, 2007, May 6, 2007 and May 13, 2007.
Any questions, please contact me. Thank you
~
~
~
NOTICE OF Public
Hearing - POL..
Notice of Public
Hearing - Par."
Site Map - Falls of
Portofino....
Teresa L. Polaski
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(T eresa.Po laski@clerk.collier.fl.us)
1
Be
Teresa L. Polaski
From:
Sent:
To:
Subject:
ClerkPostmaster
Wednesday, April 25, 2007 10:04 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
ATT151498.txt; Notice of Hearing - Weeks 1-3
1':'1
lU
r-:OJ
L:::.J
ATTlsl498,txt
(231 B)
Notice of Hearing -
Weeks 1-3
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Notice of Hearing - Weeks 1-3
ggtl of I
Teresa L Polaski
From: Perrell, Pam [paperrell@naplesnews.coml
Sent: Wednesday, April 25. 2007 10:25 AM
To: Teresa L. Polaski
Subject: RE: Notice of Hearing - Weeks 1-3
OK
From: Teresa L. Polaski [mailto:Teresa.Polaski@c1erk.collier.fl.us]
Posted At: Wednesday, April 2S, 2007 10:04 AM
Posted To: Legals - NDN
Conversation: Notice of Hearing - Weeks 1-3
Subject: Notice of Hearing - Weeks 1-3
Legals,
Please advertise the following on these consecutive Sundays - April 29, 2007, May 6, 2007 and May 13, 2007.
Any questions, please contact me. Thank you
<<NOTICE OF Public Hearing - Portofino 3 wks.doc>> <<Notice of Public Hearing - Portofino 3 wks.doc>>
<<Site Map - Falls of Portofino.doc>>
Teresa L. Polaski
Clerk to the Boord of County Commissioners
Minutes and Records Department
239-774-8411
(T eresa.Po las ki@clerk.collier.fl.us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
4/25/2007
.I.'l.!.H.LK.liQJJil
l'1illiJ.C NOTICE
I'1JJ3UC NOI!.C.E
NOTICE OF PUBLIC HEARING
The Board 01 County Commissioners of Collier County. Florida (Ihe "Boord") hereby gives notice
to the citizens of Coltler County that a pt,lblic hearing shall be conducted lift accordance 'Nith the
require""'nlS and proCedures of Section 190.005. F10rid4 SlaMas, a19:00 a.m.. in Ule Commissoon
Board Room, 3" FloorW. Haffilon Turner Butiding (Bldg "F") Colier County Government Center. 3301
Tamiami Trail. East. Naples. Florida. 00 Tuesday. May 22, ,2001, The subjecl of Ihe Public Hearing
is consideration by Ihe Boai'd of a peti:ion filed by Prime Home Builder" for tM eslablishm....t of
a Commuolty Development District (CDD) form of special purpose local govemment to be known
as Falls of Portofino COO by Col,er Counly Ordinance pursuant to Section 190.005(2)..E!ll!iJiil
SlatlJtes. The district government would serve an area of land in Callier County gener;3[ly described
as foIIOY.'s: ,
SITE LOCATION MAP
Such oommuni~1 development district special purpose government is a way to provide inlrastructure
subjecllo the regulatory requitemenls of bolll lIle Slale of Florida and Collier Counly !I<lveming
any e.xisting or future law1ul use and development of the land described above, and specifically
governing the p'anning. implementation, maintenance, and finandng (I' baslccomm\Jorty facdities.
systems, and service,s wh.ch may be required of any such development consistent with principles
0' concurrency, comprehensive planning. and d€lveropment permilting.
On December 14. 2005, Larry Abbo, Vice President. its General Plumer, Officially submitted and
filed its COO petilion to Collier County, along with lhe appli<:ation-processing lee 01 $15,000.00 for
review by the Counly.
The Board'. consideration 01 the CDD Pelition will comply with Section 100.005(2)(b)(c). .E!ll!iJiil
Statutes, in canductin~ this Public Hearing. The purpose of this hearing is to consider the
relationship of the petition as submitted by Larry Abbo. Vice President to the six faclors fis.ted in
Section 190,005(1)(e). Florid~ Stalul"s. and determine wI1elher Collier County will establish the
Falls 01 Portofino Community Development District by adoption of an ordinance.
According 10 the Petition. al leasl lour cale90ries of persons may be aftecte<! by the eoonomic
consequences of the proposed district establ~shment State of Florida and its ciUzens (modest or
very small); CoINer County and its cWlens (modest or very small); the present property owners; and
the future property owners.
A copy of U'e lulllext of lIle Petitioner's stalemenl 01 estimated regulalory costs in accordance with
Ihe r<>quiremenls 01 Section 120.541. Florida Statul1ls, inCluding an explanation of ils compulaijon~
and determinations., is .av~a:ilable for review. along with a copy of the full text o,f the petition and any
01 ilS rI<>cumentation, allhe Office olllle County Clerk. Collier County. 3301 Tamiami Trail. Easl,
Napl"". Florida.
Cop.es of Ihe petilion" which contain, lIle legal description of the real property to be se""icerl by
the proposed district, are also on file at the CoOier County ComprehenSive Planning Department. al
2800 North Horseshoe Drive. Naples. Fi<>rida, All inWested persons are inviled to attend.
I f a person decides to appeal any decision made by the Board of Counly Commissioners with re~pett
to any matter considered alsuch meeting or hearing. he will need a record of Ihat proceeding. and
fOf such purpose he may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon wtJich the apPBaJ is to be based.
April 29. May G, 13. 2007
Falls of Portol,no Community Deveiopment DiSlriCI
Larry Abbo, Vice President
(i)
The proposed DiSlrichs located
entirely within Collier County.
Florida. located on the north
side Vanderbilt Beach Road
(e.R 862). The proposed
district covers approximately
68.39 t aeres 01 laM, The
site is located in Sections 34.
Township 48 South. Rang" 26
East, as depict"d below.
BOARD OF COUNTY COMMISSiONERS
COLUER COUNTY. FLORIDA
JAMES COLETTA CHAIRMAN
DWIGHT E, BROCK. CLERK
By; isIT"resa Potaski. Oeputy Clerk
N<).~!4:;14Q2f..
~lIIli
;+
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Be
Published on 4/2912007
This ad for City and Public Notices in Naples may contain time-sensitive information and
offers.
Please check with Collier County to confirm availability.
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COLLIER COUNTY FLORIDA
REQUEST .'OR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)f a c
, .
'0",0
, '1
To: Clerk to the Board: Please place the following as a:
Nonnallegal Advertisement
(Display Adv., location, etc.)
X Other: See Attached
**********************************************************************************************************
Originating Deptl Div: Comm.Dev .Serv ./Comprehensive Planning Person: Marcia R.Kendall
Petition No. (If none, give brief description): Falls at Portofino CDD
Date: 4/25/2007
Petitioner: (Name & Address): Mr. Larry Mayer Abbo, Vice President and Chief Executive Officer, and Ms. Linda Socolow, Prime
Home Builders, 21218 St. Andrews Blvd. #510, Boca Raton, Florida 33433.
Name & Address ofany person(s) to be notified by Clerk's Office: (If more space is needed. attach separate sheel) ): Mr. Larry Mayer
Abbo, Vice Presidenl and Chief Executive Officer, Prime Home Builders, 21218 St. Andrews Blvd. #510, Boca Raton, Florida 33433.
Hearing before XXX BCC
BZA
Other
Requested Hearing date: Mav 22. 2007, Based on the advertisement appearing 4th Successive Sunday prior to hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
D Legal1y Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), ifany & proposed hearing date: N/A
Does Petition Fee include advertising cost? X Yes D No If Yes, what account should be charged for advertising costs:
111-138317-649110-00000
Reviewed by: Approved by:
Department Director
Date
County Manager
Date
List Attachments: Bee Advertisement Request, Ordinance and Advertisement requirements.
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
D County Manager agenda file: to
Clerk's Office
D Requesting Division
D Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE U~~ P-.~ef,.,." :-1<::1" 1:-<'1 , ~I ~ I
Date Received: ~Date of Public hearing: S~ Date Advertised: ~O (0'1-
NOTICE OF PUBLIC HEARING AND INTENT TO CONSIDER ORDINANCE
ORDINANCE NO. 07-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA
ESTABLISHING FALLS OF PORTOFINO COMMUNITY
DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL
BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL
MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS;
NAMING THE DISTRICT; PROVIDING STATUTORY
PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR
CONSENT TO SPECIAL POWERS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
The Board of County Commissioners of Collier County. Florida (the "Board") hereby gives
notice to the citizens of Collier County that a public hearing shall be conducted in accordance
with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the
Commission Board Room, 3ft! Floor Administration Building (Bldg. "F") Collier County
Government Center. 3301 Tamlami Trail. East. Naples. Florida. on Tuesday, May 22. 2007.
The subject of Ihe Public Hearing is consideration by the Board of a petition filed by Larry Abbo.
Vice President, Prime Home Builders, for the establishment of a Community Development
District (COD) form of special purpose local government to be known as Falls of Periofina COO
by adoption of the above-stated Collier County Ordinance pursuant to Section 190.005(2).
Florida Statutes. The district government would serve an area of land in Collier County
generally described as follows:
The proposed District is located entirely within Collier County,
Florida, located on the north side of Vanderbilt Beach Road
(C.R. 862). The proposed district covers approximately 68.39 +/-
acres of land. The site is located in Sections 34, Township 48
South, Range 26 East, as depicted below.
[Insert Map Herej
Such community development district special purpose government is a way to provide
infrastructure subject to the regulatory requirements of both the State of Florida and Collier
County governing any existing or future lawful use and development of the land described
above, and specifically governing the planning, implementation, maintenance, and financing of
basic community facilities, systems, and services which may be required of any such
development consistent with principles of concurrency, comprehensive planning, and
development permitting.
On December 14. 2005. Larry Abbo, Vice President. officially submitted and filed its COD
petition to Collier County. along with the application-processing fee of $15.000.00 for review by
the County.
The Board's consideration of the COD Petition will comply with Section 190.005(2)(b)(c). Florida
Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the
relationship of the petition as submitted, to the six factors listed in Section 190.005(1)(e),
Florida Statutes, and determine whether Collier County will establish Falls of Portofino
Community Development District by adoption of an ordinance.
According to the Petition, at least four categories of persons may be affected by the economic
consequences of the proposed district establishment: State of Florida and its citizens (modest
or very small); Collier County and its citizens (modest or very small); the present property
owners; and the future property owners.
Be
,
'I
A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance
with the requirements of Section 120.541. Florida Statutes. including an explanation of its
computations and determinations, is available for review, along with a copy of the full text of the
petition and any of its documentation, at the Office of the County Clerk, Collier County, 3301
Tamiami Trail, East, Naples, Florida.
Copies of the petition, which contains the legal description of the real property to be serviced by
the proposed district, are also on file at the Collier County Comprehensive Planning
Department. at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited
to attend.
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he 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.
May 20, 2007
Falls of Portofino Community Development District
Larry Abbo. Vice President
Prime Home Builders
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA. CHAIRMAN
DWIGHT E. BROCK. CLERK
By: IslPatricia Morgan. Deputy Clerk
PUBLIC HEARING/MK
Be
SUBJECT
PARCEL
SITE LOCATION MAP
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SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
FALLS OF PORTOFINO
C.D.D.
PROJECT LOCATION MAP
EXHIBIT '1'
BC
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
Ii'
\[fJ
Be
To: Clerk to the Board: Please place the following as a:
Normal legal Advertisement
(Display Adv.. location, etc.)
X Other: See Attached
**********************************************************************************************************
Originating Deptl Div: Comm.Dev.Serv.lComprehensive Planning Person: Marcia RKendall
Petition No. (If none, give brief description): Falls at Portofino CDD
Date: 4/25/2007
Petitioner: (Name & Address): Mr. Larry Mayer Abbo, Vice President and Chief Executive Officer. and Ms. Linda Socolow. Prime
Home Builders, 21218 St. Andrews Blvd. #510, Boca Raton, Florida 33433.
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed. attach separate sheet) ): Mr. Larry Mayer
Abbo. Vice President and Chief Executive Officer, Prime Home Builders, 21218 St. Andrews Blvd. #510. Boca Raton, Florida 33433.
Hearing before XXX BCC
BZA
Other
Requested Hearing date: Mav 22. 2007, Based on the advertisement appearing 4th Successive Sunday prior to hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
o Legally Required
Proposed Text. (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date: NIA
Does Petition Fee include advertising cost? X Yes 0 No If Yes, what account should be charged for advertising costs:
111-138317-649110-00000
Revi"v.ed by: Approved by:
i /VC-- '-( rlJ~~1
Department Director
Date
County Manager
Date
List Attachments: Bee Advertisement Request, Ordinance and Advertisement requirements.
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and sub mil original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing:
Date Advertised:
8e
NOTICE OF PUBLIC HEARING AND INTENT TO CONSIDER ORDINANCE
ORDINANCE NO. 07-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
ESTABLISHING FALLS OF PORTOFINO COMMUNITY
DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL
BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL
MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS;
NAMING THE DISTRICT; PROVIDING STATUTORY
PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR
CONSENT TO SPECIAL POWERS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives
notice to the citizens of Collier County that a public hearing shall be conducted in accordance
with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the
Commission Board Room, 3rd Floor Administration Building (Bldg. "F") Collier County
Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, May 22, 2007.
The subject of the Public Hearing is consideration by the Board of a petition filed by Larry Abbo,
Vice President, Prime Home Builders, for the establishment of a Community Development
District (CDD) form of special purpose local government to be known as Falls of Portofino CDD
by adoption of the above-stated Collier County Ordinance pursuant to Section 190.005(2),
Florida Statutes. The district government would serve an area of land in Collier County
generally described as follows:
The proposed District is located entirely within Collier County,
Florida, located on the north side of Vanderbilt Beach Road
(C.R. 862). The proposed district covers approximately 68.39 +1_
acres of land. The site is located in Sections 34, Township 48
South, Range 26 East, as depicted below.
[Insert Map Here]
Such community development district special purpose government is a way to provide
infrastructure subject to the regulatory requirements of both the State of Florida and COllier
County governing any existing or future lawful use and development of the land described
above, and specifically governing the planning, implementation, maintenance, and financing of
basic community facilities, systems, and services which may be required of any such
development consistent with principles of concurrency, comprehensive planning, and
development permitting.
On December 14, 2005, Larry Abbo, Vice President, officially submitted and filed its CDD
petition to Collier County, along with the application-processing fee of $15,000.00 for review by
the County.
The Board's consideration of the CDD Petition will comply with Section 190.005(2)(b)(c), Florida
Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the
relationship of the petition as submitted, to the six factors listed in Section 190.005(1)(e),
Florida Statutes, and determine whether Collier County will establish Falls of Portofino
Community Development District by adoption of an ordinance.
According to the Petition, at least four categories of persons may be affected by the economic
consequences of the proposed district establishment: State of Florida and its citizens (modest
or very small); Collier County and its citizens (modest or very small); the present property
owners; and the future property owners.
BG
A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance
with the requirements of Section 120.541, Florida Statutes, including an explanation of its
computations and determinations, is available for review, along with a copy of the full text of the
petition and any of its documentation, at the Office of the County Clerk, Collier County, 3301
Tamlami Trail, East, Naples, Florida.
Copies of the petition, which contains the legal description of the real property to be serviced by
the proposed district, are also on file at the Collier County Comprehensive Planning
Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited
to attend.
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he 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.
May 20, 2007
Falls of Portofino Community Development District
Larry Abbo, Vice President
Prime Home Builders
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IslPatricia Morgan, Deputy Clerk
PUBLIC HEARING/MK
81;..
SUBJECT
PARCEL
SITE LOCATION MAP
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SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
FALLS OF PORTOFINO
C.D.D.
PROJECT LOCATION MAP
EXHIBIT ' l'
Be
ORDINANCE NO. 07-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING THE FALLS OF
PORTO FINO COMMUNITY DEVELOPMENT DISTRICT;
DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT;
NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF
SUPERVISORS; NAMING THE DISTRICT; PROVIDING STATUTORY
PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR
CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Prime Home Builders has petitioned the Board of County Commissioners
(Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the
Falls of Portofino Community Development District (District); and
WHEREAS, the Board of County Commissioners, after propcr published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(l)(e) Florida Statutes, as required by Section
190.005(2)(c), Florida Statutes:
I. The petition is complete and meets the requirements of Section 190.005, Florida
Statutes, and all statements contained within the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will bc serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE FALLS OF PORTOFINO
COMMUNITY DEVELOPMENT DISTRICT.
The Falls of Portofino Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
Be
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
I.
Linda Socolow
21218 St. Andrews Blvd., #510
Boca Raton, Florida 33432
3.
John Nelson
21218 St. Andrews Blvd. #510
Boca Raton, Florida 33432
2.
Loraine Vanella
21218 St. Andrews Blvd., #510
Boca Raton, Florida 33432
4.
Joanna Fish
21218 St. Andrews Blvd. #510
Boca Raton, Florida 33432
5. Laura Cadiz
21218 St. Andrews Blvd., #510
Boca Raton, Florida 33432
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Falls of Portofino Community Development District."
SECTION FIVE:
STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Falls of Portofino Community Development District shall be governed by the
provisions of Chapter 190, Florida Statutes, and all other applicable general and local law.
SECTION SIX:
CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Falls of Portofino Community
Development District will be duly and legally authorized to exist and exercise all of its powers as
set forth in Section 190.012(1), Florida Statutes, and as otherwise provided by law. Any request
for additional powers provided by Section 190.012(2), Florida Statutes, must come by public
petition to this Board
SECTION SEVEN: PETITIONER'S COMMITMENTS
Petitioner, its successors and assigns, shall (I) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
and remedies available at law and in equity to enforce Petitioner's commitments against
Petitioner, its successors and assigns.
SECTION EIGHT: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
2
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SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinancc" may be changed to "section,"
"article," or any other appropriate word.
SECTION TEN:
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 ,2007.
ATTEST: DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
JAMES COLETTA, Chairman
. Deputy Clerk
Ap
an
Jeffr A. Klat ow
Man ging Assi ant Country Attorney
3
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J .1
April 25, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: NOTICE OF PUBLIC HEARING - FALLS OF PORTOFINO CDD
Dear Legals:
Please advertise the above referenced notice on Sunday, May 20, 2007, and kindly
send the Affidavit of Publication, in triplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O.! Account # 111-138317-649110-00000
NOTICE OF PUBLIC HEARING AND INTENT TO CONSIDER ORDINANCE
ORDINANCE NO. 07-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA
ESTABLISHING FALLS OF PORTOFINO COMMUNITY
DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL
BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL
MEMBERS OF THE DISTRICTS BOARD OF SUPERVISORS;
NAMING THE DISTRICT; PROVIDING STATUTORY
PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR
CONSENT TO SPECIAL POWERS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
The Board of County Commissioners of Collier County. Florida (the "Board") hereby gives
notice to the citizens of Collier County that a public hearing shall be conducted in accordance
with the requirements and procedures of Section 190.005, Florida Statutes, at 9:00 a.m., in the
Commission Board Room, 3rd Floor Administration Building (Bldg. "F") Collier County
Government Center. 3301 Tamiami Trail. East, Naples, Florida. on Tuesday, May 22, 2007.
The subject of the Public Hearing is consideration by the Board of a petition filed by Larry Abbo.
Vice President, Prime Home Builders, for the establishment of a Community Development
District (CDD) form of special purpose local government to be known as Falls of Portofino CDD
by adoption of the above-stated Collier County Ordinance pursuant to Section 190.005(2),
Florida Statutes. The district government would serve an area of land in Collier County
generally described as follows:
The proposed District is located entirely within Collier County,
Florida, located on the north side of Vanderbilt Beach Road
(C.R. 862). The proposed district covers approximately 68.39 +/-
acres of land. The site is located in Sections 34. Township 48
South. Range 26 East, as depicted below.
[Insert Map Herel
Such community development district special purpose government is a way to provide
infrastructure subject to the regulatory requirements of both the State of Florida and Collier
County governing any existing or future lawful use and development of the land described
above, and specifically governing the planning, implementation, maintenance, and financing of
basic community facilities, systems, and services which may be required of any such
development consistent with principles of concurrency, comprehensive planning, and
development permitting.
On December 14, 2005. Larry Abbo. Vice President, officially submitted and filed its CDD
petition to Collier County, along with the application-processing fee of $15.000.00 for review by
the County.
The Board's consideration of the CDD Petition will comply with Section 190.005(2)(b)(c), Florida
Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the
relationship of the petition as submitted, to the six factors listed in Section 190.005(1)(e),
Florida Statutes, and determine whether Collier County will establish Falls of Portofino
Community Development District by adoption of an ordinance.
According to the Petition, at least four categories of persons may be affected by the economic
consequences of the proposed district establishment: State of Florida and its citizens (modest
or very small); Collier County and its citizens (modest or very small); the present property
owners; and the future property owners.
Be
A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance
with the requirements of Section 120.541. Florida Statutes, including an explanation of its
computations and determinations. is available for review, along with a copy of the full text of the
petition and any of its documentation. at the Office of the County Clerk. Collier County, 3301
Tamiami Trail, East. Naples. Florida.
Copies of the petition. which contains the legal description of the real property to be serviced by
the proposed district, are also on file at the Collier County Comprehensive Planning
Department, at 2800 North Horseshoe Drive, Naples, Florida. All interested persons are invited
to attend.
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he 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.
May 20. 2007
Falls of Portofino Community Development District
Larry Abbo, Vice President
Prime Home Builders
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IslTeresa Polaski, Deputy Clerk
Be
SUBJECT
PARCEL
SITE LOCATION MAP
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SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
FALLS OF PORTOFINO
C.D.D.
PROJECT LOCATION MAP
EXHIBIT ',.
BG
Dwight E. Brock
Clerk of Courts
GQ1!Jify-ofC~l.1ier
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CLERK OF THE ClRCUIT COURT
COLLIER COUNTY qoURT~O. USE
3301 TAMIAMI TI,{AIL EAh
P.O. BOX 4~~044 \
NAPLES, FLOR1DA~.1101-3<M4
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Be
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
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,
April 25, 2007
Ms. Linda Socolow
Prime Home Builders
21218 S1. Andrews Blvd. #510
Boca Raton, FL 33433
Re: Notice of Public Hearing to consider
FALLS OF PORTOFINO COD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, May 22, 2007 as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in
the Naples Daily News on the following Sunday's - April 29, 2007, May 6,
2007, May 13, 2007 and May 20,2007.
You are invited to attend this public hearing.
Sincerely,
~ Pf'GHT E.. BR~K~ CLERK - k
~U...Li.C( 'y-tLQ ~ I -
Teresa Polaski,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.cIerk.collier.fl.us
Fax - (239) 775-2755
Email: colliercIerk@cIerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
ColiptyofC(jl.1ier
CLERK OF THE~CIRCUIT COURT
COLLIER COUNTYqoURT~OUSE
3301 TAMIAMI T~IL EA;ST
P.O. BOX 4 ~~044 \"
NAPLES, FLORIDA~5101-30'44
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Be
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
.-7
,
April 25, 2007
Mr. Larry Mayer Abbo
Prime Home Builders
21218 St. Andrews Blvd. #510
Boca Raton, FL 33433
Re: Notice of Public Hearing to consider
FALLS OF PORTOFINO COD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, May 22, 2007 as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in
the Naples Daily News on the following Sunday's - April 29, 2007, May 6,
2007, May 13, 2007 and May 20,2007.
You are invited to attend this public hearing.
Sincerely,
f\. ~IGHT E. BROCK, CLER'\.
\V-\A.U.C~~ .0C
Teresa Polaski, 1
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fI.us
Fax - (239) 775-2755
Emai1: collierclerklalclerk.collier.f1.us
Be
Teresa L. Polaski
To:
Cc:
Subject:
legals@naplesnews.com
kendall m
Notice of Public Hearing - Falls of Portofino CDD 4th week
Attachments:
NOTICE OF Public Hearing - Portofino 4th wk. doc; Notice of Public Hearing - Portofino 4th
wk. doc; Site Map - Falls of Portofino.doc
Legals,
Please advertise the following ad with map on Sunday May 20, 2007. Any questions. please contact me.
Thank you
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NOTICE OF Public
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Notice of Public
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SIte Map - Falls of
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Teresa L. Polaski
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(Teresa. Po laski@clerk.collier.f I. us)
1
Be
Teresa L. Polaski
From:
Sent:
To:
Subject:
ClerkPostmaster
Wednesday, April 25, 200710:11 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
ATT151491.txt: Notice of Public Hearing - Falls of Portofino CDD 4th week
1::71
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ATTlsl491.txt
(231 B)
Notice of Public
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This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
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legals@naplesnews.com
1
Notice of Public Hearing - Falls of Porto fino CDD 4th week
P8~fl
Teresa L. Polaski
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Wednesday. April 25, 200710:31 AM
To: Teresa L. Polaski
Subject: RE: Notice of Public Hearing - Falls of Portofino CDD 4th week
OK
From: Teresa L. Polaski [mailto:Teresa.Polaski@c1erk.collier.fl.us]
Posted At: Wednesday, April 25, 2007 10: 11 AM
Posted To: Legals - NDN
Conversation: Notice of Public Hearing - Falls of Portofino CDD 4th week
Subject: Notice of Public Hearing - Falls of Portofino CDD 4th week
Legals.
Please advertise the following ad with map on Sunday May 20, 2007. Any questions, please contact me.
Thank you
<<NOTICE OF Public Hearing - Portofino 4th wk.doc>> <<Notice of Public Hearing - Portofino 4th wk.doc>>
<<Site Map - Fails of Portofino.doc>>
Teresa L. Polaski
Clerk to the Board of County Commissioners
Minutes and Records Department
239-774-8411
(T eresa.Po laski@clerk.collier.fl.us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
4/25/2007
I\APLES DAILY NEWS
Pubhshed Da1l\
Naples. FL l-l 1112
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they sen'c as the authority. pcrsonall.\
appeared ~;__ldllD_~. who on oath says that the.\-
sene as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples. in Collier COUllty.
Florid(l~ distributed in Collier and Lee COlIIltlCS or Florida: that
the attached copy or the :)chcrlising. being ,I
I'lJ.!2!e Ie ~l'JQIJ CE
in (he mailer of PUBI.IC NOTICE
\\"as published in said ncnspapcr 1 times in the issue
on April 29111. May 611'. nl], 2007
.\/'lidllt rurth.::r says that tho.: Silid :\apL.> Daih \('ws is:l newspaper
published at ~'apks. in said Collier County. 1'lnrida. ilnd that th.:: said
n'::\\Spap.:f has h.::r.::loforc b.::.::n (ol1tinuousl:,' rubli~h.:d in said Culli.'!
C'lUn!:,. F1orida~ dislrihukd in Colli~r and L..:.' cllll11li.:s l'1' JI'lrida.
cach day' and has ])"..:n eJ\kr..:d as sccund dass mail m:lIkr al Ill..:: pelS!
OlliL'C in \arks. in said Colli..:r COUllty. 1'lorid:.L f,'r a jl..::riud ,'I' 1
\c';lr ne.\:1 pr<:L'cding th.' first publie:ation uj lh..: :llLle:h..:d L"'ry or
adyertis..:mcnL and atliant 1"urth..:r sa\s that he: hilS neith..:r paid !1\11
pm1l1is..:d an: p..:rsun. linn or ..:orpnratiull any discount. r.::hak_
L'oI111l1i.ssi"ll or refund for lh..:: jlurpos..:: ors.:curing this ad\..:rlisr.:m<.:nt fm
PUhl;j'~ll~"'I"'P"
( Signature of affiant)
S\\orn to and subscribed befOIc me
This Il'" day of Mav 2007
'~~~--l~"-.'(\~~
(Signature of notary public)
/~~?~:'f,~i-__ Chanel A. McDonald
g'b.,c'r:) MY COMMISSION # DD210203 EXP1<ES
".4.:~~~/ June 29, 2007
--/:{0'/.\.(f,'_., BONDWTHRU TROY fAIt-lINSURANct,INC
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PUBLIC NOnCE
f'1LBLlC NOTICE
PUBLIc NOTICE
NOTICE OF PUBLIC HEARING
The Board of County Commissioners of COllier County, Florida (the "Board") hereby glvae no, tice
to the citizens of Collier County that a pubiic hearing shall be conducted ,In acearaance with the
requirements and procedures of Section 190.005, Florida Statute~, at 9:00 a.m., in the Commission
Board Room. 3'" FloorW. Harmon Turner Building (Bldg "F') Collier County GovemmentCenter, 3301
Tamiami Trail, East, Naples, Florida. on Tuesday. May 22.2007, The Subject of the Public ....ring
is consideration by the Board of a petition filed by Prime Home Builders, for the establishment 01
a Community Development District (COD) form of special purpose lOCal govemment to be,known
as Falls of Portofino COD by Collier County Ordinance pursuant to Section 190.005(2), ElllmIa
Statutes. The district government would serve an area of land in Collier County generally described
as follows:
C l SITE LOCATION M4P
The proposed District is located
entirely within Collier County,
Florida. located on the north
side Vanderbilt Beach Road
(CR. 862). The proposed
district covers approximateiy
68.39 i: acres 0 land. The
site is located in Sections 34.
Township 48 South. Range 26
East, as depicted below.
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Such community development district speciai purpose government is a way to provide infrastructure
subject to the regulatory requirements of both the State of Florida and Colher County govemlng
any existing or future iawful use and development of the land described above, and specifically
overning the planning. implementation. maintenance. and financing of basic communi\}' faciUtiea,
systems, and services which may be required of any such deveiopment consistent wIth prlnCfpTe.
of concurrency, comprehensive planning. and development permitting.
On December 14, 2005. Larry Abbo, Vice President, its General Partner, officially submitted and
filed its COD petition to Collier County, along with the application-processing.,.. of $15,OOO.OQ for
review by the County.
The Board's consideration of the COD Petition will comply with Section 190.005(2)(bXc), ElllrJda
Statutes, in conducting this Public Hearing. The purpose of this hearing is ,to consldeil/ii
relationship of the petition as submitted by Larry Abbo. Vice President, to the six factors listed in
Section 190.005(1)(e). Florida Statutes. and determine whether Collier County will establish the
Falls of Portofino Community Development District by adoption of an ordinance.
According to the Petition. at least four categories of persons may be affected by the economic
consequences of the proposed district establishment: State of Florida and its cltizens (mC/dest or
very small); Collier County and its citizens (modest or very small); the present property olYners; and
the future property owners. . .
A copy of the full text of the Petitioner's statement of estimated regulatory coals in accordance with
the requirements of Section 120.541. Florida Statutes. including an explanation of its computatlOll8
and determinations, is available for review. along with a copy of the full text of the petnion and any
of its documentation. at the Office of the County Clerk, Collier County. 3301 Tamiaml Trail, East,
Naples. Florida.
Copies of the petition, which contains the legal description of the real property to be serviced by
the proposed district. are also on fil@ at the Collier County Comprehensive Planning Department, at
2800 North Horseshoe Drive, Naples, Florida. All interested persons are Invited to attend.
If a person decides to appeal any decision made by the Board of County Commissioners with respect
to any matter considered at such meeting or hearing, he will need a record of that proceeding, and
for such purpose he 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWiGHT E. BROCK. CLERK
By: IslTeresa Polaski, Deputy Clerk
~.121J)<6.
April 29. May 6, 13, 2007
Falls of Portofino Community Development District
Larry Abbo. Vice President
(i)
Anr1l2A Mav8 1~ :JQ07
1__
I\APLES DAILY NEWS
Published U,uh
Naplcs. FL 1-11112
Affidavit of Publication
State of Florida
Coullty of Collier
Before the undersigned they serve as the authority. pcrsonal1~
appeared fL..L.<J!nb. who on oath says that they
scr\'c as the Assistant Corporate Secreta') orthe ~aplcs Daily.
a d,uh nc\\sp"per published at Naples. in Collier Connt).
Florida: distributed in Collier and Lee counties of Florid:.l: thai
the attached cop.\ of tile adYCrl1sing. being a
pl,LBLI<;:l;JOnO'
III tlie llJ"tter of PUBLIC NOTICE
was published in said ne\\'spaper llimc in the issue
on May 20111 2007
\rtianl tilrth<..'r says thai th.:: said \'apks Daily :'\cws is a n'::\\'spapcr
puhlish..:u at "arks. in said C<)llia COllllly.I-lmiJa. and thallhc said
!lel\ spapt'f has hcrelofor<..' b'::":J\ !:llJltinuously published in said Collier
COllnt\. Ilorida: distribut.:d in C\llli.:rand I..:.: .:ounties ol'F]orida,
':,ll'll dav :l11d has hccn enkred as s",:olld ...:lass mail matter al the post
oni..:..: in \apks_ in said Collier (<lUlll\', Florida. for a p"riod Ill' ]
\ear next prc.:..:ding the first publi.:ation oftl:e attadlcd cop~- or
ad\ L'rtiSe111<.:nl: and ~1fliant tL1l1h.::r says that he h:IS n.::ith.::r paid nm
prolllis.::d an:- p'::TSOll_ linll or L'()rporali\m any dis":<lunl. rcbatc.
":<lrnmissiol1 or n:hmd for lh" purp')s.:: or sccuring Ihis ad\crtisell1cnt f(lr
"""Ii"",,,, mj":"~
Signature of affiant)
Sworn to and subscribed beforc mc
This lOll' day of M:I\ 2007
_ uud.-cL)... _d~n.Q..D
(Signattvc of notdJijmblic)'
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Commission DD 675029
Expires May 16, 2011
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PUBLIC NOTICE l'ILHI,I('J'JClJLCE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING AND
INTENT TO CONSIDER ORDINANCE
ORDINANCE NO. 07-_
AN ORDINANCE OFTHE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY.
FLORIDA ESTABLISHING FALLS OF PORTOFINO COMMUNITY DEVELOPMENT
DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING
THE INITIAL MEMBERS OF THE DISTRICTS BOARD OF SUPERVISORS; NAMING
THE DISTRICT; PROVIDING STATUTORY PROVISIONS GOVERNING THE DISTRICT;
PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives notice
to the citizens of Collier County that a public hearing shall be conducted in accordance with the
requirements and procedures of Section 190.005, Florida Statutes. at 9:00 a.m. in the Commission
Board Room, 3"j Floor Administration Building (Bldg. "F") Collier County Government Center, 3301
Tamiaml Trail. East. Naples. Florida, on Tuesday, May 22, 2007. The subject of the Public Hearing
is consideration by the Board of a petition filed by Larry Abbo. Vice President, Prime Home Builders,
for the establishment of a Community Development District (CDD) form of special purpose local
government to be known as Falls of Portofino CDD by adoption of the above-stated Collier County
Ordinance pursuant to Section 190.005(2), Florida Statutes. The district government would serve an
area of land in Collier County generally described as follows:
The proposed District is located entirely within
Collier County. Florida, located on the north side of
Vanderbilt Beach Road (C.R. 862). The proposed
district covers approximately 68.39 +1- acres of
land. The site is located In Sections 34, Township
48 South, Range 26 East, as depicted below
Such .community development district special purpose
government is a way to provide infrastructure subject to the
regulatory requirements of both the State of Florida and
Collier County governing any existing or future lawful use and
development of the land described a.bove, and specifically
governing the planning, implementation, maintenance, and
financing of basic community facilities. systems, and services
which may be required of any such development consistent
with principles of concurrency, comprehensive planning, and
development permitting.
r!'t'ilfr::oN "AP . ...jT"
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On December 14, 2005, Larry Abbo, Vice President. officially submitted and filed its CDD petition to
Collier County. along with the application-processing fee of $15,000.00 for review by the County.
The Board's consideration of the CDD Petition will comply with Section 190.00s(2)(b)(c), EI2!:ilIlI
Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider the relationship
of the petition as submitted. to the six factors hsted in Section 190.005(1 )(e), Florida Statutes, and
determine whether Collier County will establish Falls of Portofino Community Development District by
adoption of an ordinance.
According to the Petition, at least four categories of persons may be affected by the economic
consequences of the proposed district establishment: State of Florida and its citizens (modest or very
small); Collier County and its citizens (modest or very small); the present property owners; and the
future property owners.
A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with
the requirements of Section 120.541, Florida Statutes, including an explanation of its computations
and determinations, is available for review. along with a copy of the full text of the petition and any of
its documentation, at the Office of the County Clerk, Collier County, 3301 Tamiami Trail. East. Naples.
Florida.
Copies of the petition, which contains the legal description of the real property to be serviced by the
proposed district, are also on file at the Collier County Comprehensive Planning Department, at 2800
North Horseshoe Drive. Naples. Florida. All interested persons are invited to attend.
If a person decides to appeal any decision made by the Board of County Commissioners with respect
to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for
such purpose he 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.
May 20. 2007
Falls of Portofino Community Development District
Larry Abbo. Vice President
Prime Home Builders
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IslTeresa Polaski, Deputy Clerk
No. illiA2102l_ _
._ M",2.0.2QQI
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlP9 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Atlach to original document Original documents sh(luld be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Of11ce only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's signature, draw a line throuP'h routing lines # 1 through #4, comDlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oflhe addressees above, including Sue Filson, need to contact statrfor additional or missing
information. All original documents nceding the BeC Chairman's signature are to be delivered to the BCC ollice only after the BCe has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier Countv Attorney's Office
Agenda Date Item was May 22, 2007 Agenda Item Number 9A
Aooroved bv lhe BCC
Type of Document Resolution Number of Original 1
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, elc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl Slate Omcials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been enlered as the date ofBCC approval oflhe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within.. certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all thanges
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable,
Yes
(lnilial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
JY
NIA
(jy
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
RESOLUTION NO. 2007-139
'9A
II
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT ANDREA
HALMAN TO THE IMMOKALEE BEAUTIFICATION ADVISORY
COMMITTEE.
WHEREAS, on October 22, 2002, the Board of County Commissioners adopted
Collier County Ordinance No. 2002-52 establishing the Immokalee Beautification
Advisory Committee; and
WHEREAS, Collier County Ordinance No. 2002-52 provides that the Advisory
Committee shall be composed of five (5) members; four (4) members who permanently
reside within the Immokalee Beautification Municipal Services Taxing Unit (MSTU), and
one (1) owner of residential or commercial property within the MSTU; and
WHEREAS, there is currently a vacancy on this Committee for a member residing
within the MSTU area; and
WHEREAS, the Board of County Commissioners previously proVided public notice
soliciting applications from interested; and
WHEREAS, the Immokalee Beautification Advisory Committee has provided the
Board of County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, that Andrea Halman, resident of the MSTU area, is hereby
appointed to the Immokalee Beautification Advisory Committee to fulfill the remainder
of the vacant term, said term to expire on September 23, 2010.
This Resolution adopted after motion, second and majority vote.
DATED: May 22, 2007
ATTEST:
DWIGHT E. BROCK, Clerk
. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~. '. ~1~17o.C.
Atteie~l. . ~
s 1 onature onl · .
? '
By: ~~~.
JAMES COLETTA, Chairman
Approved as to form and
legal sufficiency:
!J~ f!c tr~
David C. Weigel
County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMEN1S SENT TO f 9 B
THE BOARD OF COUNTY COMMISSIONERS OFFICEIFOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board ()ft'ipe. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sig:nature, draw a line throue:h rOlltin!! lines #1 thrOlJQh #4, comnlete the checklist, atld forward to Sue Filson f1ine#5).
Route to Addressee(s) Office Initials Date
i (List in routinp" order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of COurt'S Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contaet is the person who created/prepared the executive
summary. Primary contact information is needed in thc even! one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee ehairman's signalllTe are to be delivered to the Bee oflice only after the Bee has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attorney's Oftice
Agenda Date Item was May 22, 2007 Agenda Item Number 9B
Approved by the BCC
Type of Document Resolution Number of Original 1
Attached Documents Altached
1.
INSTRUCTIONS & CHECKLIST
Initiallhe Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original documenl has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of moslletlers, must be reviewed and signed
by the Office of the County Atlorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. thai have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl Stale Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final neotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC olliee within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on (enter date) and allichanges
made during the meeting have been incorporated in the attached document. 'rhe
Coun Attorne's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
@
NIA
(1;
I: Forms/ County Forms/ Bee Forms/ Original Documenls Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
_ ." '~".,,,"'W"'C .._,-".,...._>,." ..'~'-'" ~
9B
RESOLUTION NO. 2007-140
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY TO APPOINT FRANKLIN D. SECREST TO
THE COLLIER COUNTY AIRPORT AUTHORITY.
WHEREAS, the Board of County Commissioners, on November 14, 1995, adopted
Collier County Ordinance No. 2004-03 which reestablished the Collier County Airport
Authority; and
WHEREAS, Ordinance No. 2004-03 provides that the Collier County Airport
Authority shall consist of seven (7) members that are residents of Collier County with
business ability and experience in one or more fields which include, but are not limited
to, general business, economic development, aviation, public affairs, law, finance,
accounting, engineering, natural resource conservation or other related fields; and
WHEREAS, Ordinance No. 95-67 also provides that if possible, at least one of the
seven (7) members shall be from each of the communities of Immokalee, Marco Island,
and Everglades City; and
WHEREAS, there is currently a vacancy on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Franklin D. Secrest,
representing the category of Aviation, is hereby appointed to the Collier County Airport
Authority to fulfill the remainder of the vacant term, said term to expire on August 10,
2009.
This Resolution adopted after motion, second and majority vote.
DATED: May 22, 2007
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
hi A; /.l't H 6L.J,l ~ 0.(' .
~i'i ~rth~run ,
.1g1lJ~ on1.
Approved as to form
and legal sufficiency:
BY~~
JA S COLETTA, Chairman
JuJ ~ ~~
David C. Weigel
County Attorney
9C
RESOLUTION NO. 2007-141
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT ELIZABETH A.
WENDT TO THE HABITAT CONSERVATION PLAN ADVISORY
COMMITTEE
WHEREAS, on April 26, 2005, the Board of County Commissioners adopted
Resolution No. 2006-41 establishing a Habitat Conservation Plan Advisory Committee as
an ad hoc committee; and
WHEREAS, the Habitat Conservation Plan Advisory Committee shall be composed
of thirteen (13) members; and
WHEREAS, there is currently a vacancy on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Habitat Conservation Plan Advisory Committee has provided the
Board of County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNlY
COMMISSIONERS OF COLLIER COUNlY, FLORIDA, that Elizabeth A. Wendt,
representing the categories of property owner and environmental interests, is hereby
appointed to Habitat Conservation Plan Advisory Committee for the remainder of the 3
year term, said term to expire on June 14, 2008.
This Resolution adopted after motion, second and majority vote.
DATED: May 22, 2007
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNlY COMMISSIONERS
COLLIER COUNlY, FLORIDA
b~: fb '~'OL'
\ 'IA~ rt'e hall"ll4/l ~
stgnature Oftl.
By'~
JA~ COlETT , air an
Approved as to form and
legal sufficiency:
Lei! 'J
David C. Weigel b
County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SIJ.P 9 D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. AHach to original document. Original documents should be hlU1d delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the I~oard has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, andlor information needed.. Tfthe document is already complete with the
exceDtion of the Chairman's silmature, draw a line through routing lines #1 throuo-h #4, comnlete the checklist and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson. Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe ofnce only after the BCe has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Conlact Collier Counlv Attornev's Office
Agenda Date Item was May 22, 2007 Agenda Item Number 9D
Approved bv the BCC
Type of Document Resolution Number of Original I
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initiallhe Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the Counly Allomey. This includes signature pages from ordinances,
resolutions, elc. signed by lhe County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties excepl the BCC
Chairman and Clerk to lhe Board and ossibl Stale Officials.)
All handwritten strike-through and revisions have been initialed by the County AtTOrney's
Office and all olher arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
documenl or lhe final ne otialed contract dale whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided 10 Sue Filson in lhe BCC ollice wilhin 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BeC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
([nitia!)
NIA (Not
A Iicable)
2.
3.
4.
5.
6.
@
NIA
rl9
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Rcvised 1.26.05, Revised 2.24.05
19D
RESOLUTION NO. 2007-142
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY TO APPOINT MAURICE JAMES BURKE TO
THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE.
WHEREAS, the Board of County Commissioners adopted Collier County Ordinance
No. 2001-03, as amended, creating the Collier County Coastal Advisory Committee; and
WHEREAS, Ordinance No. 2001-03 provides that the Coastal Advisory Committee
shall be composed of nine (9) members whose representation shall consist of three (3)
members from the unincorporated area of Collier County, 3 members from the City of
Marco Island, and 3 members from the City of Naples; and
WHEREAS, there is currently a vacancy on this Committee for the unincorporated
area of Collier County; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Committee has provided the Board of County Commissioners with
its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNlY
COMMISSIONERS OF COLLIER COUNlY, FLORIDA, that Maurice James Burke,
representing the unincorporated area of Collier County, is hereby appointed to the
Collier County Coastal Advisory Committee for a 4 year term, said term to expire on
May 22,2011.
This Resolution adopted after motion, second and majority vote.
DATED: May 22, 2007
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNlY COMMISSIONERS
COLLIER COUNlY, FLORIDA
. ',,'/
BY~~
JAM"ES COL A, Chairman
Approved as'to form and
legal sufficiency:
~~~
David C. Weigel
County Attorney
!
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPl 0 E
. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print OIl pin!: paper. Aanch to arigiDal dO<Ullle'l' Original <loc:umeolS shculd be band delivered to the BOlItt Office- Thecomplelcd routing slip and original
_ are to be.fctwatded.to the Boan! Office only m the BOatd has <ala:u.actiOl1 OIl the item.) .
ROUTING SLIP
Compk:le tOUling llDcs #1 tbtough 114 as apprcpriala for additicmal signaam:s, dales, and/or iDf=tlon Deed<d.lf the <loc:umeot is alte:Idy comple1e with the
-.-.orion of'the l""hat'l"l'ntnl's ,si0'ft21'ltn!.. draw a line tfttouilfj rll1IIin.lin.. #llbrouoh 114. """"'Jeca the ehecklst. and forward to Sue Filson (line IIS).
Route to Addressee(s) Office Initials Date
(I.istinroulin~order) .
1. ~----
~-------
2. -. /
.-----.-...:...
"
3. - ..
---------- ------ -
--
4. ------- ~
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office -
(The primary contllCt is the bolder of the original document pending Bce approval Nol'lIUllly the primary cOImct is the person wb.o cre:u:edlprepared the executive
summary. Primary cOtuact information is needed in the even! one of the :1ddrcssccs above. including Sue Filsen. aced to C;OQtlct sCJif for addirioaaJ. or missing
iDformatioa.. AU original doc:umcnts needing the BCe Chainnom's signawrc are to be delivered. [0 the BCe office oa..ly after the BCe bas acted to approve the
ifem.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Documcnt
Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column. whichever is
a
1. Original document has been signedlinitialed for legal sUfficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances.
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that bave been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwrittenswe-through and revisions bave been initialed by the County Attorney-'s
Office and all other arties ex t the BCC Chairman and the Clerk to the Board
3, The Chainpan's signature line date bas been entered as the date ofBCC approval of the
document or the final ne tiated contract date whichever is a licable.
'"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si cure and initials are uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue FUson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to T a1lahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC OD L1 0 (enter date) and all
made during the meeting have been incorporated in the ttached document. 1'JJe
Coun Attorne's Office bas reviewed the es, if Iicable.
s-p.2>101 wm.;..,.,h;"'/ilT'O/z.:z,!.] ~
~ FormsJ Coonty FormsJ Bee FormsJ Original Documents Rouling Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05
v'
PRIMARY CONTACT INFORMATION
M. <C vb
c<>n .
.5 2..2...\07'" 131.1
~~rS...\(.'l-P~
Phone Number
Agenda Item Number
Number of Original
Documents Attached
4.
77 <f -,yCf/7
JOE
2
Yes
(Initial)
N/A (Not
A licable)
~
(J~
---
AI
A
.
Cfi\t.,
C;t"f\t--
~
,~I ~
es
(fl!.J
10 E '1__ ~',l
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008. 00152680006,
00152640004.00154440008.00152720005, 00152760007. 00152880000. 00153080003. 00153040001,
00152800006,00152600002.00153000009,&00154400006.
AGREEMENT FOR SALE AND PURCHASE
'" >- THIS AGREEMENT is made and entered into by and between GEORGE P. LANGFORD,
.~ E 'iij N AS TRUSTEE OF THE R. R. LAND TRUST DATED THE 1ST DAY OF DECEMBER,
il'l ~ ~:; 0 1998, whose address is 3357 Tamiami Trail North, Naples, Florida 34103, (hereinafter
..2 ~ ~ '" ~ referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of
~c. 5 'E ~ ~ Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples,
oca.....r--.
Qj c.:> F S1.... FL 34112, (hereinafter referred to as "Purchaser").
.CO Q) en LL _
.J:;. <tI -0)
~ -S ~ ~ ~ WITNESSETH
~ OlO m
2~~z
~o
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred
to as "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, 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. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Ten
Million Six Hundred Fifty Thousand Dollars ($10,650,000), (U.S. Currency)
payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before thirty (30) days after
approval of the contract by the Board of County Commissioners Collier County,
Florida and all contract contingencies are waived or complied with but not later than
one hundred and twenty (120) days following execution of this Agreement by the
Purchaser, unless extended by mutual written agreement of the parties hereto. The
Closing shall be held at the Collier County Attorney's Office, Administration
Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed
by the parties in connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according
to applicable title standards adopted by the Florida Bar and in accordance
with law. At the Closing, the Seller shall cause to be delivered to the
Purchaser the items specified herein and the following documents and
instruments duly executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to
the Property, free and clear of all liens and encumbrances other than:
1
CONSERVATION COLLIER 1 0 E ,pi lit!'!.!
TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007. 00154360007.00152840008,00152680006,00152640004.
00154440008,00152720005.00152760007. 00152880000, 00153080003. 00153040001, 00152800006.00152600002,
00153000009. & 00154400006.
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
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.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. Attorney George P. Langford shall provide Purchaser
with an AL TA Commitment for an Owner's Title Insurance Policy (AL TA Form B-1
970) pursuant to Section_ 4.011, at no cost to Purchaser. Attorney George P.
Langford shall provide the Purchaser with an Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below. The Purchaser
shall pay Attorney George P. Langford the cost for an AL TA approved Owner's
Form B Title Policy, the agreed upon amount of twenty thousand six hundred and
forty three dollars and seventy five cents ($20,643.75) after closing and
acceptance by the Purchaser. Purchaser shall not be responsible for title
examination and any other costs or fees that are associated with closing that are
borne by Seller.
3.03 Purchaser shall pay for the cost of recording the Warranty 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 or at such other time as
specified within this Article, Purchaser andlor 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 after the date hereof, Purchaser shall obtain as
2
In r-
vt. I,\JI
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBERS: 00152920009. 00153400007, 00154360007, 00152840008, 001526B0006,
00152640004.00154440008.00152720005.00152760007,00152880000.001530B0003.00153040001,
00152800006.00152600002,00153000009. &00154400006.
evidence of title an AL TA Commitmentfor an Owner's Title Insurance Policy (AL TA
Form B-1 970) 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 thirty (30) 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 title 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 thirty (30) 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.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) 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
sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall
have ninety (90) 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 sixty
(60) day period, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said sixty (60) 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.
V. INSPECTION PERIOD
5.01 Purchaser shall have the latter of thirty (30) days from the date of this
Agreement or delivery of the environmental report requested by Buyer, ("Inspection
Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be
developed without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
3
CONSERVATION COLLIER 1 0 E J ~,' "
TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008. 00152680006.
00152640004, 00154440008. 00152720005. 00152760007. 00152B80000, 00153080003. 00153040001,
00152800006,00152600002.00153000009, &00154400006.
contamination.
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
5.02 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 waive the applicable
contingencies or to terminate this Agreement. 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 V shall be deemed waived. In the event
Purchaser elects to terminate this Agreement because of the right of inspection,
Purchaser shall deliver to Seller copies of all engineering reports and environmental
and soil testing results commissioned by Purchaser with respect to the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk
and expense, have the right to go upon the Property for the purpose of surveying
and conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 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.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement
by giving written notice of termination to Seller. 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.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or 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 Ten Thousand Dollars ($10,000.00) 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 paragraphs 5.03 (Inspection Period) and 12.01, (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
4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, 00152680006.
00152640004.00154440008.00152720005, 00152760007.00152880000. 00153080003.00153040001,
00152800006.00152600002,00153000009, &00154400006.
10 E
"'~ ~
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.
9.03 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.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND
WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into
and to execute this Agreement and to undertake all actions and to perform
all tasks required of each hereunder. Seller is not presently the subject of a
pending, threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to 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 contemplated
hereby. At Closing, certified copies of such approvals shall be delivered to
Purchaser andlor Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the
date of this Agreement and as of the date of Closing. Purchaser's
acceptance of 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.
10.014 Seller represents that it has no knowledge of any actions,
suits, claims, proceedings, litigation or investigations pending or threatened
against Seller, at law, equity or in arbitration before or by any federal, state,
municipal or other governmental instrumentality that relate to this agreement
or any other property that could, if continued, adversely affect Seller's ability
to sell the Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or
option to acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement
remains in force and effect, Seller shall not encumber or convey any portion
of the Property or any rights therein, nor enter into any agreements granting
any person or entity any rights with respect to the Property or any part
thereof, without first obtaining the written consent of Purchaser to such
conveyance, encumbrance, or agreement which consent may be withheld by
Purchaser for any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public
sanitary sewer system; 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
5
10 E ~rr~
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007. 00154360007. 00152840008. 00152680006,
00152640004.00154440008. 00152720005.00152760007. 00152880000.00153080003, 00153040001.
00152800006.00152600002.00153000009.&00154400006.
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 represents Seller has no
known storage tanks for gasoline or any other substances are or were
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.
10.018 Seller has no knowledge that the Property and Seller's
operations concerning the Property are in violation of any applicable
Federal, State or local statute, law or regulation, or of any notice from any
governmental body has been served upon Seller claiming any violation of
any law, ordinance, code or regulation or requiring or calling attention to the
need for any work, repairs, construction, alterations or installation on or in
connection with the Property in order to comply with any laws, ordinances,
codes or regulation with which Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of
way (other than existing zoning regulations) that restrict or affect the use of
the Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property.
10.020 Seller has no knowledge that there are any suits, actions or
arbitration, bond issuances or proposals therefor, proposals for public
improvement assessments, pay-back agreements, paving agreements, road
expansion or improvement agreements, utility moratoriums, use
moratoriums, improvement moratoriums, administrative or other
proceedings or governmental investigations or requirements, formal or
informal, existing or pending or threatened which affects the Property or
which adversely affects Seller's ability to perform hereunder; nor is there any
other charge or expense upon or related to the Property which has not been
disclosed to Purchaser in writing prior to the effective date of this
Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering
into this Agreement based upon Seller's representations stated above and
on the understanding that Seller will not cause the zoning or physical
condition of the Property to change from its existing state on the effective
date of this Agreement up to and including the Date of Closing. Therefore,
Seller agrees not to enter into any contracts or agreements pertaining to or
affecting the Property and not to do any act or omit to perform any act which
would change the zoning or physical condition of the Property or the
governmental ordinances or laws governing same. Seller also agrees to
notify Purchaser promptly of any change in the facts contained in the
foregoing representations and of any notice or proposed change in the
zoning, or any other action or notice, that may be proposed or promulgated
by any third parties or any governmental authorities having jurisdiction of the
development of the property which may restrict or change any other condition
of the Property.
10.022 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.
10.023 Seller represents, warrants and agrees to indemnify,
reimburse, defend and hold Purchaser harmless from any and all costs
6
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBERS: 00152920009. 00153400007. 00154360007. 00152840008, 00152680006,
00152640004.00154440008. 00152720005,00152760007, 00152880000. 001530B0003. 00153040001,
00152800006.00152600002,00153000009.&00154400006.
IDE ~.~
(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. This representation, warranty and
agreement is limited to matters known to Seller or which reasonably should
be known to Seller.
1 0.024 Any loss andlor damage to the Property between the date of
this Agreement and the date of Closing shall be Seller's sole risk and
expense.
10.025 Seller's above representations are to the knowledge of Seller
and not affirmative representations of matters not known to Seller.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be given
to either party hereunder shall be in writing, sent by facsimile with automated
confirmation of receipt, or by registered, or certified mail, return receipt requested,
postage prepaid, addressed as follows:
If to Purchaser:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Facilities Department
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
George P. Langford, Trustee
3357 Tamiami Trail North
Naples, Florida 34103
Telephone number: 239-262-2011
Fax number: 239-262-0902
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party in
the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last addressee
and respective address stated herein shall be deemed to continue in effect for all
purposes.
XII.REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility of
the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and
against any claim or liability for commission or fees to any broker or any other
7
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, 00152680006,
00152640004.00154440008, 00152720005,00152760007. 00152880000.00153080003. 00153040001.
00152800006,00152600002,00153000009, &00154400006.
10 E
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to pay
any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees whenever
the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or limit
the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as to
such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever for
others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is conveyed
to Collier County. (If the corporation is registered with the Federal Securities
Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,
whose stock is for sale to the general public, it is hereby exempt from the provisions
of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
8
ii r'\ E
.Ji.U
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, 00152680006,
00152640004. 00154440008.00152720005. 00152760007,00152B80000, 00153080003. 00153040001,
00152800006.00152600002.00153000009, &00154400006.
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated ProjecUAcquisition Approved by BCC: 11.1-/07 ~ Itm:JT JoE-
AS TO PURCHASER:
DATED:---5I J,.?)o1
A,TI~<Iit..~.,-.
DWIGHT E,BROCK,-Clerk
~t~: ~I~~r~'
51Q11atur, on.1- " "
AS TO,tELLER:
DATED:I-.)/'" -07
WITNESSES:
BOARD OF COUNTY COMMISSIONERS
COLLIER COU , FL ID
BY:
JAM COLETTA, Chairman
r- BY:
,AS
U 0 R. R. LAND
RUST DATED THE 1ST DAY OF
DECEMBER, 1998
I o..")J -:r 7c.~/ol
(Printed N e)
Approved as to form and
legal sufficiency:
Item#~
Agenda 5-'22-01
Dale
Date
Rec'd
~l
9
EXHIBIT "A"
1 of 4
PROPERTY TAX IDENTIFICATION NUMBER: 00154400006
LEGAL DESCRIPTION:
NORTH 380 FEET OF THE SOUTH 730 FEET OF THE NORTH 780
FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST
QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25
EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE
ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY.
4.97 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00153400007
LEGAL DESCRIPTION:
NORTH 200 FEET OF THE SOUTH 400 FEET OF THE NORTH 780
FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST
QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25
EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE
ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY.
2.80 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00154360007
LEGAL DESCRIPTION:
NORTH 100 FEET OF THE SOUTH 200 FEET OF THE NORTH 780
FEET OF THE NORTHWEST QUARTER (NW Yo) OF THE NORTHEAST
QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25
EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE
ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY.
1.36 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00154440008
LEGAL DESCRIPTION:
SOUTH 100 FEET OF THE NORTH 780 FEET OF THE NORTHWEST
QUARTER (NW Yo) OF THE NORTHEAST QUARTER (NE Yo) OF
SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER
COUNTY FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE
RAILROAD RIGHT-OF-WAY.
1.36 acres more or less.
IDE ;.,.
EXHIBIT "A"
20f4
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00152840008
LEGAL DESCRIPTION:
SOUTH 300 FEET OF THE NORTH 1080 FEET OF THE NORTHWEST
QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE Yo) OF
SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER
COUNTY FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE
RAILROAD RIGHT-OF-WAY.
3.79 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00152880000
LEGAL DESCRIPTION:
THE SOUTH 300 FEET OF THE NORTH 1380 FEET OF THE WEST
HALF (W 1/2) OF THE NORTHEAST ONE FORTH (NE Yo) OF SECTION
15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY
FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD
RIGHT-OF-WAY.
3.62 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00153040001
LEGAL DESCRIPTION:
THE SOUTH 250 FEET OF THE NORTH 1630 FEET OF THE WEST
HALF (W 1/2) OF THE NORTHEAST QUARTER (NE Yo) OF SECTION 15,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY
FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD
RIGHT-OF-WAY.
2.94 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00153080003
LEGAL DESCRIPTION:
THE SOUTH 200 FEET OF THE NORTH 1830 FEET OF THE WEST
HALF (W 1/2) OF THE NORTHEAST QUARTER (NE Yo) OF SECTION 15,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY
FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD
RIGHT-OF-WAY.
2.34 acres more or less.
10 E
EXHIBIT "A"
3of4
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00152920009
LEGAL DESCRIPTION:
THE SOUTH 200 FEET OF THE NORTH 2030 FEET OF THE WEST
HALF (W 1/2) OF THE NORTHEAST QUARTER (NE X) OF SECTION 15,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY
FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD
RIGHT-OF-WAY.
2.35 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00152800006
LEGAL DESCRIPTION:
THE SOUTH 347 FEET OF THE NORTH 2337 FEET OF THE WEST
HALF (W 1/2) OF THE NORTHEAST QUARTER (NE X) OF SECTION 15,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY
FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD
RIGHT-OF-WAY.
5.54 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00152760007
LEGAL DESCRIPTION:
THE SOUTH 350 FEET OF THE NORTH 1990 FEET OF THE WEST
HALF (W 1/2) OF THE NORTHEAST QUARTER (NE X) OF SECTION 15,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY
FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD
RIGHT-OF-WAY.
5.69 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00152720005
LEGAL DESCRIPTION:
THE SOUTH 300 FEET OF THE NORTH 1640 FEET OF THE WEST
HALF (W 1/2) OF THE NORTHEAST QUARTER (NE X) OF SECTION 15,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY
FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD
RIGHT-OF-WAY.
4.86 acres more or less.
10 E
EXHIBIT "A"
4of4
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00152680006
LEGAL DESCRIPTION:
THE SOUTH 330 FEET OF THE NORTH 1340 FEET OF THE WEST
HALF (W 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 15,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY
FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD
RIGHT-OF-WAY.
5.27 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00152640004
LEGAL DESCRIPTION:
THE SOUTH 230 FEET OF THE NORTH 1010 FEET OF THE WEST
HALF (W 1/2) OF THE NORTHEAST QUARTER (NE X) OF SECTION 15,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY
FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD
RIGHT-OF-WAY.
3.54 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00153000009
LEGAL DESCRIPTION:
THE SOUTH 375 FEET OF THE NORTH 780 FEET OF THE
NORTHWEST QUARTER (NW X) OF THE NORTHEAST QUARTER (NE
X) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF
COLLIER COUNTY FLORIDA; LYING EAST OF THE ATLANTIC COAST
LINE RAILROAD RIGHT-OF-WAY; LESS AND EXCEPTING THE EAST
30 FEET THEREOF.
5.14 acres more or less.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00152600002
LEGAL DESCRIPTION:
THE NORTH 405 FEET OF THAT PORTION OF THE NORTH 780 FEET
OF THE NORTHWEST QUARTER (NW X) OF THE NORTHEAST
QUARTER (NE X) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25
EAST, OF COLLIER COUNTY FLORIDA; LYING EAST OF THE
ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY; LESS AND
EXCEPTING THE EAST 30 FEET THEREOF, AND LESS AND
EXCEPTING THE NORTH 50 FEET THEREOF.
4.43 acres more or less.
10 E
lOG
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Or-iginal doculllents should be hand delivered to the Board Orticc. The completed routing slip and original documents
are to he forwarded to the BLJurd Office only uflcl" Ill!: Board has taken action on the dem.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exception
of the Chairman's sienature, draw a line throu!!h routine. lines # I through #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routino order)
1.
2.
3.
/""' 1
4. Jennifer Belpedio Assistant County Attorney X~ r JAB 07/17/07
:.---
5. Sue Filson, Executive Manager Board of County Commissioner~ \
~
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All oriR.inal documents needinl! the Bee Chairman's sianature are to be delivered to the Bee office onlv after the Bee has acted to annrove the item.)
Name of Primary Staff Alex Sulecki, Principal Environmental Specialist Phone Number 213-2961
Contact
Agenda Date Item was May 22, 2007 Agenda Item Number lOG
Aooroved bv the BCC
Type of Document Attached Resolution 2007-143 Number of Original
Documents Attached One 11\
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is appropriate. Yes N/A(Not
(Initial) Aoolicable)
I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the JAB
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County
Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's
Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except
the BCC Chairman and Clerk to the Board and possiblv State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office JAB
and all other narties exceDt the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the document JAB
or the final negotiated contract date whichever is annlicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and JAB
initials are reouired.
5. In most cases (some contracts are an exception), the original document and this routing slip should JAB
be provided to Sue Filson in the Bee office within 24 hours of BCC approval. Some documents are
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's
actions are nullified. Be aware of your deadlines!
6. The document was approved by the Bee on Mav 22. 2007 and all changes made during the JAB
meeting have been incorporated in the attached document. The County Attorney's Offiee has
reviewed the ehanges, if aoolicable,
lOG
MEMORANDUM
Date:
July 17, 2007
To:
Alex Sulecki, Senior Environmental Specialist
Environmental Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2007-143: Regarding the Conservation Collier
Enclosed please find one copy, as referenced above (Agenda Item #10G), which
was adopted by the Board of County Commissioners on Wednesday, May 23,
2007.
If you should have any questions, please contact the Minutes and Records
Department at 774-8406.
Thank you.
Enclosure
lOG
RESOLUTION NO. 2007-143
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF COLLIER,
FLORIDA, APPROVING A TARGET PROTECTION AREA
MAILING STRATEGY FOR THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM'S FIFTH
PROPERTY SELECTION CYCLE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County has recognized the need to plan for future growth and
has initiated a long-term program, known as Conservation Collier, to acquire, protect,
restore and manage environmentally sensitive lands in perpetuity and to provide public
open space for the benefit of present and future generations; and
WHEREAS, the Conservation Collier Program includes identification and
protection of Collier County's natural resources, including upland and wetland
communities, native plant communities, endemic species, endangered species habitat,
water resources, and aesthetic or other natural features; and
WHEREAS, protected lands include those that provide appropriate natural
resource-based recreational and educational opportunities, protect local water resources,
provide flood control; and
WHEREAS, the Conservation Collier Implementation Ordinance (hereafter
referred to as "Ordinance No. 2002-63" has described Target Protection Areas (TP As);
and
WHEREAS, Section 13 (I) of Ordinance No. 2002-63 provides that county staff
will send letters of inquiry to all property owners within these Target Protection Areas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION I. Findings
It is found and declared that:
(A) The cost of a mailing of letters to all remaining property owners within all Target
Protection Areas will be approximately $40,000, as opposed to $20 for a
proposed fifth cycle mailing to criteria-based properties from identified Target
Protection Areas and other areas that meet program goals and criteria.
(B) Many undeveloped properties within Target Protection Areas are small lots
within established subdivisions and would not be appropriate for acquisition by
Conservation Collier.
(C) Using estimated rates of return of positive interest generated by property owner
interest letters in previous selection cycles, it has been determined that mailing 45
interest letters will result in approximately 2 parcels for review and ranking on
the Active Acquisition List. Staff anticipates some additional number of owner
and public nominations as well.
(D) There has been an Outreach Subcommittee recommendation that was
unanimously approved by CCLAAC on April 9, 2007, endorsing a strategy for a
targeted mailing outreach effort. This strategy is to more specifically target lands
that are likely to contain high quality environmental resources and to enlarge
current land holdings.
(E) The CCLAAC is authorized by Ordinance No. 2002-63 to recommend an update
to the Target Protection Areas List and selection strategy to the Board of County
Commissioners to fulfill the purposes of the Conservation Collier Program.
(F) This resolution is adopted pursuant to applicable provisions of law.
lOG
SECTION II. Be it also resolved that Collier Countv Board of Countv Commissioners
adopt the following fifth-cvcle Target Protection Areas mailing strategv:
I. Staff shall send 45 interest inquiry letters to owners of undeveloped properties
within the following areas:
Area Objective Criteria for TPA
selection
(20) Parcels to add to potential wildlife Undeveloped and
I corridor acquisition between Florida directly connecting NGGE
Panther National Wildlife Refuge and to current AAL B-
North Belle Meade list properties
Totalacrea~e -79.13 acres
Within the McIlvane
(7) Parcels to complete acquisition of the Marsh and adjacent Non-TPA
2 Mcllvane marsh area
Total Acreage - 90.45 acres to AAL A-list
oroperties
(13) Parcels to expand the Nancy Payton Undeveloped -
3 Preserve adjoining the Nancy Non-TPA
Total acreage - 42.65 acres Payton Preserve
(3) Parcels in the Horsepen Slough, Undeveloped -
NGGE unit 42, to acquire lowest land in
4 NGGE to preserve wetlands and conduct adjoining the NGGE
and hold floodwater. Oetting property
Total acreaee - 5.68 acres
(2) Parcels- to expand the Brochu Undeveloped -
5 property adjoining the Non-TPA
Total acreage - 8.96 acres Brochu oropertv
Total Number of parcels targeted - 45
Total acreaee tameted - 226.87 acres
SECTION lll. Effective Date.
This Resolution adopted and made effective this 22nd day of May 2007, after motion,
second and majority vote favoring same.
. ,
ATTEST:,
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.By A--/~
James Coletta, Chairman
',"; >(}~ _:'..
Byt~~c~T nL
Apptt\wW~~and
. :,.
legal sufficiency:
By: ~CUU~....('~
JennIfer A. Bel~o
Assistant County Attorney
Item # jh h
Agenda 5 - (jO.-Dl
Dale
Date "-1.""..1\1
Rec'd ~
f((1!L
Deputy
2
10 H
MEMORANDUM
Date:
May 24, 2007
To:
Ellen Chadwell
Office of the County Attorney
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Supplemental Agreement between the South
Florida Water Management District and
Collier County
Enclosed please find the original document, as referenced above,
(Agenda Item #10H) approved by the Board of County
Commissioners on Tuesday, May 22, 2007.
Please forward to the appropriate parties for signatures and return
the fully executed original to the Minutes and Records Department
so that it may be kept in the Board's records.
If you should have any questions, please contact me at 774-8406.
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 0 H
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
t
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents arc to be forwarded to the Board Office only after the Board has taken action on
lhe item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #llhrough #4, complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinl!: order)
l.C ~.O
,J' .d:.. - ,
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to he delivered to the BCe office only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact L L. L-- E IV C
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
Phone Number
'--L 'DyOO
Agepda Item Number
,(f) I
Number of Original
Documents Attached
iii,tf
(1 /) ,..., ~
.,'"- ~\... ;\. ul
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documenls to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances, LlC
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-lhrough and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is aoolicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCe office within 24 hours of Bec approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines!
INSTRUCTIONS & CHECKLIST
I: Formsl County Formsl BCe Forms/ Original Documents Routing Slip
WWS OriginnI9.03.04
10H
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm BelU:h, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDD (561) 697-
2574
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov
June 26, 2007
Via DHL Overniaht Mail
~
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:_.-l
;,----
-.;--".
Ellen T Chadwell, Esq.
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
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Subject:
Supplemental Agreement between the
South Florida Water Management District and Collier County
Dear Ms. Chadwell,
Enclosed please find an original fully executed Supplemental Agreement between
the South Florida Water Management District and Collier County which was
approved by the Governing Board on June 14, 2007.
As previously discussed, the District will retain the other executed original
Agreement for its reference.
If you have any questions, please feel free to contact our office.
Sincerely,
~b'V~
Holly Y. Walter
on behalf of Robert G. Panse
Office of Counsel
HW/acc
Enclosure
GOVERNING BOARD
ExECUTlVH OPF/CH
Eric Buermann. Chair
Nicolas J. Gutierrez, Jr., Esq., Vice Chair
Michael Collins
Charles J. Dauray
Shannon A. Estenoz
Melissa L. Meeker
Patrick J. Rooney, Jr.
Harkley R. Thornton
Malcolm S. Wade, Jr.
Carol Ann Wehle, lixecutive Director
10H
SUPPLEMENTAL AGREEMENT BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
This SUPPLEMENTAL AGREEMENT is made and entered into this ')'3~
day of ~ ' 2007, by and between Collier County, a political
subdivision of the State of Florida (hereinafter "COUNTY") andJhe South Florida Water
Management District, an agency of the State of Florida (hereinafter "District").
WITNESSETH
WHEREAS, on October 8, 2003, COUNTY, the Board of Trustees of the Internal
Improvement Trust Fund and District entered into an Agreement ("2003 Agreement")
that provided, inter alia, that District and lor Big Cypress Basin, a subdistrict of District,
conveyor cause to be conveyed, at no cost to COUNTY, fee simple interest to 640
contiguous acres, more or less, no later than October 1 , 2005; and
WHEREAS, District has tendered a site to meet this obligation known as the
lake Trafford site, which site is currently unavailable for use and which COUNTY has
rejected as unsuitable; and
WHEREAS, on January 10, 2007, a Joint Meeting was held in Naples, Florida,
between the governing boards of COUNTY and District in accordance with Chapter 164,
Florida Statutes, in an attempt to resolve this dispute over the 640 acre obligation and
District proposed providing an interim site until such time as the Lake Trafford site can
be prepared and rendered suitable for COUNTY's proposed OHV use; and
WHEREAS, as a consequence of the discussions had at the Joint Meeting,
District has leased approximately 150 acres of land from Alico in Collier County,
Agreement Between the South Florida Water Management District and Collier County
Page 2 of 8
lOH
generally depicted in Exhibit "A" attached hereto (hereinafter "Interim Site"), to be
utilized by Collier County as an interim temporary recreational A TV site until the lake
Trafford site can be made available by District; and
WHEREAS, the lease, a copy of which is attached hereto as Exhibit "B"
(hereinafter "lease"), provides that the site can be operated for ATV use during daylight
hours at least three (3) weekends a month year round, with the ability to extend those
days of operation with A1ico's consent; and
WHEREAS, COUNTY and District recognize that the State of Florida Division of
Forestry, rather than the District, will be responsible for the maintenance of the project
area, as defined in the 2003 Agreement, and seek to amend the 2003 Agreement
accordingly; and
NOW, THEREFORE, in consideration of the mutual benefits derived herefrom,
the parties agree as follows:
1 . The foregoing recitals are true and correct and are incorporated herein
as if set forth verbatim.
2. The District will provide the Interim Site as a temporary ATV site to
COUNTY until such time as the lake Trafford site has been accepted by COUNTY and
is ready for public use. COUNTY'S acceptance shall not be unreasonably withheld and
COUNTY shall accept the Lake Trafford site when it is suitable for ATV use. COUNTY
shall be required to operate, manage, and maintain the Interim Site and shall submit a
management plan to the District for review and approval which is consistent with the
terms of the lease. The District shall have no responsibility for safety with respect to the
operation of ATVs, the use of the Interim Site by the public, COUNTY, contractors or
Agreement Between the South Florida Water Management District and Collier County
Page 3 of 8
lOH
any others and the operation, management and maintenance of the site/property. That
is, COUNTY shall have sole responsibility for managing, maintaining and operating the
Interim Site with respect to any and all safety issues and in accordance with the
provisions of the management plan and the Lease. All personnel shall be employees,
agents or representatives of the COUNTY, and complete responsibility and liability for
the supervision of the onsite personnel shall be with COUNTY.
3. The District shall pay the rent and all charges and fees required by the
lease, including the cost of any land restoration upon termination of the lease, and all
costs incurred by COUNTY for the operation and maintenance of the Interim Site
(excluding any costs, damages, attorneys fees, liabilities or judgments, arising out of or
related to any personal injuries, deaths, or personal property damage). To that end
District will pay COUNTY, within thirty (30) days of the effective date of this
Supplemental Agreement an advance payment of $75,000 to be applied to COUNTY's
initial start up costs and operating expenses. The District shall reimburse COUNTY
annually for the actual costs incurred by COUNTY to manage the site consistent with
the management plan and the lease, which costs shall include, but not be limited to,
staff training, equipment, capital start-up expenses, operating expenses, security
measures and personnel expenses. Reimbursement shall be made by District at the
end of its fiscal year (September 30th), provided COUNTY has provided District with an
accounting of said expenses in accordance herewith. District will be credited for the
advance payment of $75,000.
An example of the type and estimated cost of
reimbursable start-up and operating costs intended by the parties is in a table attached
hereto as Exhibit C.
All fiscal records shall be maintained by COUNTY pursuant to
Agreement Between the South Florida Water Management District and Collier County
Page 4 of 8
lOH
generally accepted accounting standards, and other records shall be maintained to the
extent necessary to clearly reflect actions taken.
District and its authorized
representative will have access to COUNTY records for the purpose of conducting
audits and examinations and making copies and transcripts. All records shall be
retained and kept accessible for at least three years following the final payment made
under this Supplemental Agreement or all pending matters are closed, which ever is
later.
4. Upon the completion of the lake Trafford dredging restoration project, the
District will, at its sole cost, design and permit the initial site preparation for the lake
Trafford site consistent with the conceptual site plan entitled, "South Florida Water
Management District Potential OHV Park land" previously prepared by George Fogg
(IBIS Consulting) on September 1, 2006 and attached hereto as Exhibit "D"
("Conceptual Site Plan"). In addition to the permitting and design, District shall pay for
and perform all necessary earthwork ("Improvements") to prepare the site in accordance
with the Conceptual Site Plan and all local, state and federal regulations. All
Improvements, however, will be subject to COUNTY's approval, and District shall
provide COUNTY with all proposed plans for the Improvements and obtain COUNTY's
approval before commencement of work.
5. The District shall also perform all remediation necessary for the Lake
Trafford site to be suitable for recreational OHV use and passive recreation as
acceptable to the federal and State of Florida Department of Environmental Protection
(DEP) applicable standards or site specific risk assessment/corrective action values
acceptable to FDEP and consistent with the Conceptual Site Plan. Upon completion of
IOn
Agreement Between the South Florida Water Management District and Collier County
Page 5 of 8
the provisions in this numbered paragraph, the District shall provide COUNTY with
written notice of satisfactory completion of the Improvements and remediation and
copies of all environmental reports and soil samplings. COUNTY shall have sixty (60)
days within which to conduct its own investigation and property inspection in order to
verify the fitness of the Lake Trafford site for its intended use and compliance with
Paragraphs 4 and 5 herein, and District will provide COUNTY with access to the site for
this purpose. The COUNTY shall notify District within this time period of any objection
to title or its objection to the physical condition of the Lake Trafford site as either not
conforming with the approved plans as provided in Paragraph 4 or failing to have been
remediated as provided herein. Failure of COUNTY to provide District with written
notice of its objection within this time period shall be deemed an acceptance of the site.
If no objection is made, District at no cost to the COUNTY, shall convey title to the lake
Trafford site by Quitclaim Deed to COUNTY.
6. If the COUNTY notifies District of a proper objection in accordance
with paragraph five (5) (hereinafter "objection"), District shall use its best efforts to
correct COUNTY's objection to the Lake Trafford site. If District fails to correct the
objection after sixty (60) days, then COUNTY, at its election, may undertake its own
efforts to remedy the objection at District's expense and delay acceptance of the lake
Trafford site until such time as the objection is remedied and the expense of such
remedial action paid in full by District, or may refuse acceptance of the site.
7. The District will assist the COUNTY in acquiring a boat ramp in Collier
County for public use. Recognizing that the acquisition of waterfront land through
voluntary sale may be extremely difficult and significantly over-priced, the parties agree
Agreement Between the South Florida Water Management District and Collier County
Page 6 of 8
10H
that this obligation can be met by DISTRICT with a monetary contribution to COUNTY in
the amount of $ 585,000.
8. The District will have no affirmative obligation under the October 2003
Agreement (2003 Agreement) between the District, the County, and the Board of
Trustees of the Internal Improvement Trust Fund (Trustees) to maintain the roadways
andlor provide access in Picayune Strand and the areas identified in the 2003
Agreement. It is the intent of the parties as represented in previous Chapter 164
discussions with counsel for the Board of Trustees that the State of Florida Division of
Forestry (DOF) shall have the sole responsibility for the maintenance of the roads and
the providing of access in Picayune Strand and areas referenced in the 2003
Agreement.
9. It is the intent of District and COUNTY to be bound by the terms of this
Agreement and any terms of this Agreement that conflict with the October 2003
Agreement shall be deemed to supersede and replace in their totality the conflicting
terms of the 2003 Agreement.
10. However, since the Trustees were a signator to the 2003 Agreement, it is
the intent of District and COUNTY to enter into a written agreement with the Trustees
whereby the Trustees formally confirm their understanding of this modification of the
terms of the 2003 Agreement consistent with the terms set forth herein. Both the
District and County agree to cooperate and communicate with DEP to properly
effectuate DEP andlor Trustee's approval of this road maintenance/access modification
provision.
Agreement Between the South Florida Water Management District and Collier County
Page 7 of 8
10H
11. In the event District defaults under Paragraph 2 of this Supplemental
Agreement, COUNTY shall be entitled to the fair market rental value of the Interim Site,
on a monthly basis until such time as the Lake Trafford site is suitable for ATV use or
has been accepted by COUNTY. In the event the Alico lease is terminated prior to the
lake Trafford site being accepted by the County, the District will exercise its best efforts
to promptly provide a comparable alternative interim site and the District and County
shall have the same obligations relative to the interim site referenced in this agreement.
If District is unable to extend the Alico lease or provide an alternative interim site until
such time as the lake Trafford site is accepted by COUNTY but does otherwise tender
the lake Trafford site in compliance herewith, the District shall pay to COUNTY the fair
market rental value of the Interim Site as provided herein.
12. The effective date of this Supplemental Agreement is the date this
document is executed by the last signing party.
13. COUNTY intends to pursue zoning approval for the proposed OHV use of
the Lake Trafford site in advance of its acceptance by COUNTY. District agrees to
cooperate with COUNTY in this endeavor, including, but not limited to, providing written
consents where needed, sharing all environmental reports about the property, providing
access to the site, and the like. Moreover, the parties agree to cooperate with each
other and undertake any action deemed reasonably necessary to facilitate the
performance of the mutual obligations contained herein
, Agreement Between the South Florida Water Management District and Collier County
Page 8 of 8
ATTEST:
ATTEST~',
~ ~Iw ()(.
ut Clerk
uto 1 ,
(..tIn Onl-
Approved as to Form
and Legal Sufficiency
Byk V~~
Assistant County Attorney
Date: S- - a.3 - 01
IOH
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, By Its Governing Board
~
By:
Eric rmann, Chairman
Date: iP,/i~/() 7
COLLIER COUNTY, By its Board of County
Commissioners
By:
Date: ------;u At
~ rJ-ro7
I
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RFCEIVED
_ :'.:-:i"(RibfCLERt\'S OfflCE
Contract No.
,"v 21 """1 I . ~r ,,'", (
t"!:; i _ LUU --l ~ t.. 0 ~ iI,
SOUTH FLOHIDA
'-J:,JER H.~;NAGEi"lEfiT O1STR1CT
LEASE AGREEMENT
BETWEEN THE
ALICO, INC
AND
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
This LEASE AGREEMENT ("LEASE"), is entered into this ')II day of ~ 2007,
by and between "the Parties," and ALICO, INC, a corporation of the State of Florida;-'with its
principal office at 640 Main Street, LaBelle, Florida 33935 (the "LESSOR"), and the SOUTH
FLORIDA WATER MANAGEMENT DISTRICT, a public corporation ofthe State of Florida,
with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose
mailing address is Post Office Box 24680, West Palm Beach Florida 33416-4680 (the "LESSEE").
WITNESSETH:
WHEREAS, the LESSOR holds title to certain lands containing 150 acres, more or less,
as shown in Exhibit "A" attached hereto and incorporated herein by reference (the "Premises");
and
WHEREAS; the LESSEE desires to lease the Premises for the purposes of establishing a
public all terrain vehicle ("ATV") recreational facility to be operated and managed by Collier
County; and
WHEREAS, the LESSEE is empowered to enter into contracts with public agencies,
private corporations or other persons, pursuant to Section 373,083(1), Florida Statutes;
WHEREAS, the LESSOR is amenable to leasing the Premises for purposes of providing a
public outdoor ATV recreational facility; and
NOW THEREFORE, in consideration of the duties, responsibilities, obligations and
covenants herein contained to be kept and performed by the LESSEE, the LESSOR does hereby
lease to the LESSEE the Premises in a=rdance with the following terms, conditions, covenants
and provisions:
1. DESCRIPTION OF PREMISES: The property subject to this LEASE is situated in
the County of Collier, State of Florida and is more particularly shown in Exhibit "A" attached
hereto and hereinafter called the "Premises".
b
:D_
i
EXHIBIT
1>
ION
2. TERM: The term of this LEASE (the "Lease Term") shall be for a period of one (1) year,
commencing on July 1, 2007 (the "Commencement Date") and ending on June 30,2008 (the
"Expiration Date"), unless sooner terminated pursuant to the provisions of this LEASE. For Ten
Dollars ($10.00) consideration, the receipt and sufficiency ofwhich is hereby acknowledged as part
of the first Rent payment made hereunder, and provided LESSEE has not defaulted under any
terms, conditions, covenants or provisions of this LEASE, and further provided this LEASE has
not been terminated pursuant to any other provision of the LEASE, then LESSEE shall have the
option to renew the Lease Term for one (1) additional one (1) year consecutive lease term (the
"Renewal Lease Term"), provided LESSOR receives from LESSEE written notice of LESSEE's
exercise of LESSEE's option to renew no later than one hundred eighty (180) days prior to the
expiration date of the Lease Term. In the event LESSEE properly exercises its option to renew this
LEASE, then the expiration date shall be extended fur a period of one year. In the event LESSEE
fails to exercise its option to extend for the Renewal Lease Term or fails to properly or timely
exercise its option to extend for the Renewal Lease Term, the LESSEE shall automatically be
deemed to have waived its right to extend the Lease Term for the Renewal Lease Tenn, unless
otherwise allowed by LESSOR All terms, conditions, covenants and conditions of this LEASE
shall apply during the Renewal Lease Term, if applicable.
3. PURPOSE: This LEASE is to provide a site for the establishment of a public outdoor
ATV recreational facility. The Premises shall be managed by Collier County (the "County")
which shall also be solely responsible for the operation and maintenance of the facility. The
facility shall be open for public use during daylight hours only (after 8:00 am. and before 7:00
p.m) three weekends per month. For purposes of this LEASE, "weekend" shall be defined as
Saturday, Sunday and extended national holiday weekends which include either a Monday or
Friday, such as Labor Day or Memorial Day weekend. The Parties acknowledge and agree that
the hours per day and/or number of days per month that the Premises are open for public use may
not be increased or revised without the prior written consent of LESSOR , which consent will not
be unreasonably withheld. LESSOR agrees that it will consider an enlargement of these hours
of operation after the initial term of the Lease. LESSEE shall provide, or cause to be provided,
on site management during all times that the Premises is open for public A TV use, including a
gatekeeper stationed at the gate to be constructed at the public entrance to the Premises and
another gatekeeper stationed at the existing gate along the boundary line between the Premises
and LESSOR's adjacent property. The County's on site managers shall be equipped with a fire
extinguisher and a shovel for use as a first line of defense in the event fire threatens the Premises
while they are on the site, The emergency telephone numbers for the local fire department and
emergency medical response unit, the Collier County Sheriff's Department and the Alico Fire
Management officers shall be posted at the gatekeepers' stations. In addition, LESSEE shall
also require all ATV's entering the Premises to be equipped with GPS tracking devices to enable
LESSEE or the County, as manager of the Premises, to monitor the ATVs to insure they do not
enter those environmentally sensitive portions of the Premises which are depicted generally on
Exhibit "A," or adjacent properties, closed to public recreational ATV use. No fuel shall be
bought, sold or stored on the Premises.
4. RENT: As consideration for the rights conferred upon the LESSEE by the LESSOR
pursuant to this LEASE, the LESSEE shall pay to the LESSOR a yearly rental in the amount of
Eighteen Thousand Dollars ($18,000,00) ("Rent"); together with all applicable sales and use taxes.
2
-, .:10. .:JL__'L___
--- . . --h----------
The first payment of Rent shall due on the Commencement Date and all subsequent Rent payments
shall be due on the anniversary date thereof through the expiration or eaTlier termination of the
Lease Term, including the Renewal Lease Tenn, if applicable. All applicable sales and use taxes
shall be added to the Rent payments during the Lease Term and shall be paid to the LESSOR by
the LESSEE.
5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE and its employees, contractors
and agents shall have the right of ingress and egress to, from and upon the Premises for all
purposes necessary for the full quiet enjoyment by said LESSEE of the rights conveyed herein.
6. UNAUTHORIZED USE: LESSEE shall, through its agents, employees and contractors,
prevent the unauthorized use of the Premises or any use thereof not in conformance with this
LEASE. LESSEE acknowledges and agrees that this LEASE does not give LESSEE any right
or interest in or to any lands owned by LESSOR beyond the Premises as identified in Exhibit
"A" attached hereto.
7. RIGHT OF INSPECTION: LESSOR or its duly authorized agents shall have the right
at any and all times to inspect the Premises and the works and operations thereon of LESSEE, in
any matter pertaining to this LEASE.
8. LIABILITYIINSURANCE: The LESSEE warrants and represents that it is self-funded
for Worker's Compensation and liability insurance, covering at a minimum bodily injury,
personal injury and property damage with protection being applicable to the LESSEE's officers,
employees, servants and agents while acting within the scope of their employment during
performance under this LEASE. The LESSEE and the LESSOR further agree that nothing
contained herein shall be construed or interpreted as (l) denying to either party any remedy or
defense available to such party under the laws of the State of Florida; (2) th,e consent of the State
6{Pidfida or its agents and agencies to be sued; (3) a waiver, express oriillplied, of LESSEE's
sovereign immunity of the beyond the waiver provided in Section 768.28, Florida Statutes; or (4)
a waiver, express or implied, of the limitations of LESSEE's liability provided in Section
373.1395, Florida Statutes.
In the event the LESSEE subcontracts any part or all of the work hereunder to any non-
governmental third party, the LESSEE shall require each and every subcontractor to identifY the
LESSOR as an additional insured on all insurance policies as required by the LESSEE. Any
contract awarded by the LESSEE for work under this LEASE shall include a provision whereby
the LESSEE's nongovernmental subcontractor agrees to defend, indemnifY, and pay on behalf,
save and hold the LESSOR hannless from all damages arising in connection with the
LESSEE's subcontract.
For value received, which is hereby acknowledged, LESSOR shall indemnifY and hold
LESSEE, its agents, assigns, and employees, harmless from any and all claims or causes of
action, including without limitation, all damages, losses, liabilities, expenses, costs, and
attorney's fees related to such claims, resulting from any negligent or intentional act or omission,
or the violation of any federal, state, or local law or regulation, by LESSOR, its sublessees,
agents, assigns, invitees, or employees in connection with this LEASE.
3
IcON
This paragraph 8 shall survive the expiration or termination of the LEASE.
9. SURRENDER OF PREMISES: Upon termination or expiration of this LEASE,
LESSEE shall surrender the Premises to LESSOR. In the event no further use ofthe Premises
or any part thereof is needed, written notification shall be made to LESSOR, at least sixty (60)
days prior to the release of all or any part of the Premises. Notification shall include this
LEASE number and an explanation of the release, including a description of the portion of the
Premises to be released if a partial release is requested by LESSEE. The release shall only be
valid if approved by LESSOR through execution of a partial release or termination, as
applicable, of lease instrument with the same formality as this LEASE. On or before
commencing construction of any improvements on the Premises, LESSEE, at its sole cost and
expense, shall conduct an assessment of the Premises, including photographing the Premises, to
establish the condition of the Premises prior to the construction of any improvements by
LESSEE (the "Assessment"). LESSEE shall provide a copy of the Assessment to LESSOR
prior to commencing construction. Upon release of all or any part of the Premises from this
LEASE or upon expiration or termination of this LEASE, all permanent improvements,
including both physical structures and modifications to the Premises, shall become the property
of LESSOR; unless LESSOR gives written notice to LESSEE to remove any or all such
improvements at the expense of LESSEE. The decision to retain any improvements upon
termination of this LEASE shall be at LESSOR sole discretion. Prior to surrender of all or any
part of the Premises, a representative of LESSOR shall perform an on-site inspection and the
keys to any buildings on the Premises shall be turned over to LESSOR. Prior to the expiration
or earlier termination of the LEASE, LESSEE shall use its best efforts to return the Premises, or
cause the Premises to be returned, to the condition in which it existed as of the Commencement
Date of this LEASE, as described in the Assessment, provided, LESSOR does not otherwise
request LESSEE to allow leave intact some or all improvements made to the Premises during
the Lease Term, including the Lease Term Renewal, if applicable, as provided in paragraph 12
hereinbelow.
In the event LESSEE does not return the Premises, or cause the Premises to be returned, to the
condition in which it existed as of the Commencement Date, as described in the Assessment,
prior to the expiration or earlier termination of the LEASE, LESSEE may remain on the
Premises for not more than one year after the expiration or earlier termination ofthe initial Lease
Term or the Renewal Period, as applicable for the sole purpose of returning the Premises to the
condition described in the Assessment. Said additional one year period of occupancy shall
hereinafter be referred to as the "Remediation Term". As consideration for LESSEE's occupancy
of the Premises during the Remediation Term, LESSEE shall pay LESSOR additional Rent in
the amount $18,000.00, together with all applicable sales and use taxes, with said rental payment
due on or befure the expiration or earlier termination date of the Lease Term or the Renewal Tenn,
as applicable, In the event LESSEE completes the remediation and vacates the Premises prior to
the expiration of the Remediation Term, LESSOR shall return to LESSEE a prorata share of the
rental fee paid by LESSEE for such period, based on the ratio ofthe number of days remaining in
the Remediation Term. During the Remediation Term, the Parties shall remain responsible for all
other terms and conditions relative to LESSEE's occupancy of the Premises set forth in this
4
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LEASE; provided, however, that all use of the Premises as a public ATV recreational facility shall
cease as of the expiration or earlier termination of the Lease Term or the Renewal Tenn, as
applicable, and LESSEE's use of the Premises during the Remediation Term shall be limited to
returning the Premises to the condition in which it existed as ofthe date Commencement Date, as
described in the Assessment.
10. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the
furnishing of gas, electricity, water and other public utilities, if any, to the Premises and for
having all utilities turned offwhen the Premises are surrendered,
11. ASSIGNMENT: This LEASE shall not be assigned in whole or in part without the prior
written consent of LESSOR. Any assignment made either in whole or in part without the prior
written consent of LESSOR shall be void and without legal effect.
12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures,
improvements, and signs shall be constructed at the expense of LESSEE. Removable equipment
or structures placed on the Premises by LESSEE or LESSEE's employees, contractors or agents
which does not become a permanent part of the Premises shall remain the property of LESSEE
or LESSEE's employees, contractors or agents, as applicable, and may be removed by LESSEE
. or LESSEE's employees, contractors or agents, as applicable, upon teiminationofthis LEASE.
The Parties acknowledge and agree that LESSEE, at its sole cost and expense, shall have the
right to make improvements to the Premises in connection with the establishment of a public
ATV recreational facility on the Premises, including without limitation, the construction of a
parking lot and entranceway. The LESSEE shall also be responsible for installing, or causing to
be installed, fencing along the boundaries of the Premises but only if existing fencing proves
inadequate to prevent trespass onto adjacent lands and signage setting forth the restrictions,
including any applicable rules promulgated by the LESSEE and ordinances adopted the County,
governing the public's use of the Premises. The LESSEE'shall also fence off any wetlands
located on the Premises with hay bails and siltation devices to indicate which areas are closed to
public ATV use. The aforesaid fencing, hay bails and siltation devices shall be maintained by
the LESSEE or the County, as the LESSEE's contractor, during the term of the LEASE. Upon
the expiration or earlier termination of the LEASE, LESSEE shall return the Premises to the
condition in which it existed as of the Commencement Date, as described in the Assessment;
provided, however, that LESSOR shall have the right to have any or all of the improvements
made by LESSEE remain on the Premises by providing written notice to LESSEE not less than
sixty (60) days prior to the expiration or earlier termination of the LEASE. In the event
LESSOR provides such notice to LESSEE, LESSEE shall have no further obligation to remove
the permanent improvements referenced in such notice and they shall become the property 0 f the
LESSOR upon the expiration or earlier termination of the LEASE.
13. ENTIRE UNDERSTANDING: This LEASE sets forth the entire understanding between
the Parties and shall only be amended with the prior written approval of LESSOR.
14. TERMINATION: It is the policy of the LESSEE to encourage good business practices
by requiring contractors to materially perform in accordance with the terms and conditions 0 f the
LEASE. In accordance with DISTRICT Rule 40E-7, Part II, F.A.C., "material breach" is
5
10l-L
defined as any substantial, unexcused non-performance by failing to perform an act that is an
important part of the transaction or performing an act inconsistent with the terms and conditions
oftheLEASE.
If the either party materially fails to fulfill its obligations under this LEASE, the other
party will provide written notice of the deficiency by forwarding a Cure Notice citing the
specific nature ofthe material breach. The defaulting party shall have thirty (30) days to cure the
breach. If the defaulting party fails to cure the breach within the thirty (30) day period, the other
party shall issue a Termination for Default Notice. In the event the LESSEE has notified the
LESSOR that it has materially breached the LEASE, by sending a Termination for Default
Notice, the DISTRICT's Governing Board shall determine whether the LESSOR should be
suspended from doiilg future work with the LESSEE, and if so, for what period of time. The
DISTRICT's Governing Board will consider the factors detailed in Rule 40E-7, Part II, F.A.C.
in making a determination as to whether the LESSOR should be suspended, and if so, for what
period oftime. Should the LESSEE terminate for default in accordance with this provision, the
LESSEE shall be entitled to recover reprocurement costs in addition to all other remedies under
law and/or equity.
The LESSEE may terminate this LEASE with or without cause at any time for convenience
upon thirty (30) calendar days prior written notice to the LESSOR The performance of work
under this LEASE may be terminated by the LESSEE in accordance with this clause in whole, or
from time to time in part, whenever the LESSEE shall determine that such termination is in the best
interest of the LESSEE. Any such termination shall be effected by delivery to the LESSOR of a
Notice of Termination specifYing the extent to which the LEASE is terminated, and the date upon
which such termination becomes effective. Provided LESSEE is not otherwise in default, in the
event of such termination by LESSEE, the LESSOR shall return the prorated share ofrental fee
paid by the LESSEE for the then current term of this LEASE. Notwithstanding anything
contained h~ein, to the contrary, the Parties hereto acknowledge and agree that, in the event ,the
LESSEE elects to terminate this LEASE with or without cause for convenience as provided
hereinabove, LESSEE shall remain obligated to return the Premises to the condition in which it
existed as of the Commencement Date, as described in the Assessment, as otherwise provided in
this LEASE.
15. The LESSEE shall maintain records and the LESSOR shall have inspection and audit
rights as follows:
a Maintenance of Records: The Parties shall maintain all financial and non-financial
records and reports directly or indirectly related to the negotiation or perfurmance of this LEASE
including supporting documentation for any service rates, expenses, research or reports. Such
records shall be maintained and made available for inspection for a period of five years from the
expiration or earlier termination ofthis LEASE.
b. Examination of Records: The LESSEE or its designated agent shall have the right
to examine in accordance with generally accepted governmental auditing standards all records
directly related to this LEASE. Such examination may be made only within five years from the date
of expiration or earlier termination of this LEASE and upon reasonable notice, time and place.
6
...1DH
c, Extended Availabilitv of Records for Legal Disputes: In the event that the LESSEE
should become involved in a legal dispute with a third party arising from performance under this
LEASE, the LESSOR shall extend the period of maintenance for all records relating to the LEASE
until the final disposition ofthe legal dispute, and all such records shall be made readily available to
the LESSEE.
16. NO WAIVER OF BREACH: The failure of any party to this LEASE to insist in anyone
or more instances upon strict performance of anyone or more of the covenants, terms and
conditions of this LEASE shall not be construed as a waiver of such covenants, terms and
conditions, but the same shall continue in full force and effect, and no waiver of any party of any
one of the provisions hereof shall in any event be deemed to have been made unless the waiver is
set forth in writing, signed by all Parties.
17. NON-DISCRIMINATION: No party hereto shall discriminate against any individual
because of that individual's race, color, religion, sex, national origin, age, handicap, or marital
status with respect to any activity occurring within the Premises or upon lands adjacent to and
used as an adjunct 0 fthe Premises.
18. TIME: Time is expressly declared to be ofthe essence of this LEASE.
19. GOVERNING LAW: The laws of the State of Florida shall govern all aspects of this
LEASE. In the event it is necessary for either party to initiate legal action regarding this LEASE,
venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern
District of Florida fur any claims which are justiciable in federal court.
20, SECTION CAPTIONS: Articles, subsections and other captions contained in this
LEASE are for reference purposes only and are in no way intended to describe, interpret, define
or limit the scope, extent or intent ()fthis LEASE or any provisions thereof.
21. PROJECT MANAGEMENTINOTICE: The Parties shall direct all technical matters
arising in connection with the performance of this LEASE, other than invoices and notices, to
the attention of the respective Project Managers specified below for attempted resolution or
action. The Project Managers shall be responsible for overall coordination and oversight relating
to the performance of this Agreement. The LESSOR shall direct all administrative matters,
including invoices and notices, to the attention of the LESSEE's Contract Specialist specified
below.
All furmal notices between the Parties under this LEASE shall be in writing. All notices
required by this LEASE, provided they are addressed as set forth below, shall be considered
delivered: (i) on the date delivered if by hand delivery, (ii) on the date upon which the return
receipt is signed or delivery is refused or the notice is designated by the postal authorities as not
deliverable, as the case may be, if mailed by certified mail return receipt requested and (iii) one day
after such notice is deposited with any form of overnight mail service for next day delivery. Either
party may change its address by providing prior written notice to the other of any change of
address.
7
. .1n lJ~._._~_c_l
-;li-V-H- .~._~-': -,''''' ~- ----
All correspondence to the LESSEE under this LEASE shall reference the LESSEE's
Contract Nmnber and should be copied to the County to the attention of Marla Ramsey,
Administrator, at the address given below.
8
1 0 H u".n'j
.. .- ',. . -..-----,------+--------
LESSEE:
Project Manager:
Contract Specialist:
South Florida Water Management District
P.O. Box 24680
West Palm Beach, FL 33416-4680
LESSOR:
John R. Alexander
CEO
Alico, Inc.
640 South Main Street
LaBelle, FL 33935
COUNTY:
Marla Ramsey, Administrator
Public Services Division,
3301 Tamiami Trail East
Naples, Florida, 34]]2,
22. EXISTING INTEREST IN LEASED PREMISES: The LESSOR warrants and
represents that it has title to the Premises.
23. MISCELLANEOUS PROVISIONS:
a. Invalidity of Lease Provision: Should any term or provision of this LEASE be
held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during
the term hereof: by force of any statute, law or ruling of any form of competent jurisdiction, such
invalidity shall not affect any other term or provision of this LEASE, to the extent that the
LEASE shall remain operable, enforceable and in full force and effect to the extent permitted by
law.
b. Inconsistencies: In the event any provisions of this LEASE shall conflict, or
appear to conflict, the LEASE, including all exhibits, attachments and all documents specifically
incorporated by reference, shall be interpreted as a whole to resolve any inconsistency.
c. Final Agreement: This LEASE states the entire understanding between the Parties
hereto and supersedes any written or oral representations, statements, negotiations, or agreements
to the contrary. The LESSOR recognizes that any representations, statements or negotiations
made by LESSEE's staff do not suffice to legally bind the LESSEE in a contractual relationship
unless they have been reduced to writing, authorized, and signed by an authorized representative
of the LESSEE. This LEASE shall bind the Parties, their assigns, and successors in interest.
9
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d. Survival: The provisions of paragraph 23(e) shall survive the expiration or
termination ofthis LEASE. In addition, any covenants, provisions or conditions set forth in this
LEASE which by their terms bind the LESSEE or both the LESSOR and the LESSEE after the
expiration or termination of this LEASE, shall survive the expiration or termination of this
LEASE.
e. Waiver of Trial by Jury Provision: As an inducement to the LESSEE agreeing to
enter into this LEASE, the LESSOR and LESSEE hereby waive trial by jury in any action or
proceeding brought by one party against another party pertaining to any matter whatso ever
arising out of or in any way connected with this LEASE or the LESSEE's occupancy of the
Premises.
f The LESSOR shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the LESSOR assert any
exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing
such exemption, by way of injunctive or other relief as provided by law, shall be upon the
LESSOR
24. RELATIONSHIP BETWEEN THE PARTIES:
A. The Parties shall be considered independent contractors and neither party shall be
considered an employee or agent of the other party. Nothing in this LEASE shall be interpreted to
establish any relationship other than that of independent contractor between the Parties and their
respective employees, agents, subcontractors, or assigns during or after the performance on this
LEASE. Both Parties are free to enter into contracts with other Parties fur similar services.
B. It is the intent and understanding of the Parties that this LEASE is solely for
the benefit of the LESSEE, LESSOR and the County. No person or entity other than the
LESSEE, LESSOR or the County shall have any rights or privileges under this LEASE in any
capacity whatsoever, either as third-party beneficiary or otherwise. Notwithstanding anything
contained herein to the contrary, the Parties hereto acknowledge and agree that LESSEE intends
to enter into an agreement with the County whereby the County shall be solely responsible for
the operation, management and maintenance of the Premises as a public ATV recreational facility
but not the restoration of the Premises required by this Lease.
C. The LESSOR shall not assign, delegate, sublease or otherwise transfer its
rights and obligations as set forth in this LEASE without the prior written conSent of the
LESSEE unless such transfer of the LESSOR's rights and/or obligations is oone in conjunction
with the LESSOR's enrollment of the Premises in the Rural Land Stewardship Program,
specifically as part of the Rural Land Stewardship Sending Area which shall notrequire the prior
written consent of the LESSEE. Any other attempted assignment in violation of this provision
shall be void.
D. The LESSOR shall not pledge the LESSEE's credit or make the LESSEE a
guarantor of payment or surety for any LEASE, debt, obligation, judgment, lien, or any form of
indebtedness.
10
1.O.Hu
IN WITNESS WHEREOF, the Parties have caused this LEASE to be executed on the
day and year first above written.
LESSOR:
ALICO, INC., a Florida Corporation
B(~
PrintNam' ~. ~
Title:
ATTEST:
'Z. ~f:rr/~jJri,l r '" /
Title: rOrpOfOLtP se7!;;Ja d
STATE OF <;(\0(,,) ~
COUNTYOF ~ {\(kr---\
The foregoing instrument was acknowledged before me this \~.po day of
~''t ' 2007, by and 00\\(\ Q. \\~ l..C\I\,Lr
as . /0 of Alrco CorporatIon, a Flonda corporatIOn, on behalf ofthe
corporation, who are personally known to me.
....._ In.....................,.
. __ 8. Ml\LCOLM !
!. _o"....,...!
! _ 813/2000 !
5. ......tvu (800)432-42545
5 C1FN fIclrid8 NaWy MIII_, Inc :
:.......... -,,-...................1
Not Public, State of Florida
SLo\,S/1.'" l\ f'l\I.\(IJ\\,,--
Printrrype Notary Name
Commission Number: ~ DO~51 qJL(
Commission Expires: 1-,,/ () ~
11
10 J-,
LESSEE:
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD
Director ofProcureme
Office of Counsel Approved:
~ tJ~ Date:S-.;J/-"?
~1I!~ Dat~07
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~day of
\'V'6..t; ,2007, by J~ l--lL6t;r~and
as Director of Procurement of the South Florida Water Management District, on behalf of the
corporation, who is personally known to me.
G);'. CANDYBORRew~.....
NoIIIrY PubliC. SIal8 of ,..-
c~____ Expil8I Sop 12, 2009
" .. \,IUII.I-'
. .".. eu...~JsII~I'\' DO ~5
Banded By NalIon8I NolaIy AISn.
Notary~
PrintfType Notary Name
Commission Number:
Commission Expires:
12
,'I n -u. ...... .
--~~---------
EXHIBIT "A"
13
HOIDRY COUNTY
COLLIER COUNTY
36
S"""S'.E _2.11:1"
PDlNTOIrCOloMEHcrwDH
NaIl1IfII(STCCIlHEIlcr
=OOI..'ItIMI........$Dt11l'1,
IlHIOCSlD.ST.l:lI..IJDtlXlMlV.
FlWlDA
n
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W w
n
UNE
l152
l153
Lt54
Lt55
L1Sfi
L157
l158
L1S9
l160
US1
1162
l1fi3
l164
l165
l166
U67
U68
l169
L170
l171
l172
l17J
1174
l17S
l17G
lm
177A
1178
L179
l1ao
1181
Lt'"
LtB3
Lt54
U8S
usa
US7
USS
U89
U90
l191
U92
L193
U94
l195
LINE TABLE
LENGTH BEARING
130.27 589"55'51"E
34.63 504'45'10"E
44.18 524"28'16"E
29.47 S6cr1S'38"E
35.20 54S"OO'01"E
36.56 553"07'33~E
36.01 S6B"OZ'S9"E
29.49 582"50'41"E
120.66 N90'OO'OO"E
68,30 N74"27'S9"E
65.30 N74'28'45"E
3aae N4110'S6"E
52,73 N5618'SO"E
44.03 NBS'14'49"E
37.29 N78"40'4S"E
.36.74 N84'18'02"E
30.16 N75'5S'4S"E
.}l,S9 N63'27'SZ"E
130.12 N3TS5'OO"W
151.85 S21US'3B"E
52,10 N35'14'4B"W
55.02 N5613'IB"W
470,64 N70"59'49"W
.384.16 N7014'JO"W
157.89 N801f.3s"w
844.22 N21"06'31"W
59.57 513"52'15"W
30.64 551'S1'02-W
29.51 351"50'56"W
51.98 550'42'27"W
31.45 S35'.31'39"W
44.6+ 555"OO'24"W
20.67 5114"59' 4"W
47.37 561 8'47"
114.54 5 "OS'56"W
95.12 S13"34'17"W
130.52 500"00'OO"E
91.53 511 "57'24"E
35.91 N60'53'14"E
68.30 N74' 6'45"
47.53 N67" 3'07"E
40.89 N
35.00 N
53.98 N 7' s"
38.18 N1S'41'50"E
_.!!~'!!..-
-.;:;._.._..=:._~--
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31
32
6
5
TOWNSHIP 45 SOUTH
TOWNSHIP 46 SOUTH
~YrI"P.iETcr
.=~
UNE
L196
U97
U9a
U99
l200
l20,
l202
l203
l2n.
l205
l206
l207
l200
l209
l210
l211
l212
1213
l2!4
l215
l2,.
l217
L21B,
l219
l220
l221
l222
l223
l22.
l220
L226
l227
l228
l229
l230
l231
l232
l233
l234
l235
l236
l237
l238
LINE TABU
LENGTH BEARING
40.36 NOS.1Z'D4"E
51.16 Noo"OO'OO"W
50.93 N21'01'53"W
26.56 N3g.49'OrW
30.15 N14"03'13"W
42.80 N20"OO'22"E
21.60 NS616'07"[
1494.63 N21"04'02"W
154,46 56S"OO'32.W
19,82 N4-4"59"4"W
17,52 N7S'44'17"W
"J5,J4 N78"41'10~W
37,.18 N56'S'36"W
19.64 N7g.41'S3"W
S7,45 N79041'3S"W
72.57 N90"00'OO"W
26.73 S65'54.4Z"W
21.79 S85"54'40"W
49.46 5tiS'J'36"W
57.00 S75"57'39"W
38.15 S84.49.09-W
45.00 S57"J1'19"W
51.85 S53'07'.38-W
41.61 504'47'1Z"E
62.31 50310'17"E
9.16 505'43'04"E
86.65 N90'OO.OO"E
883.58 S89"06'06RW
80.45 N44"47'13~E
.398.~ N03"46'2J"W
314-.89 587".22'15"E
200.16 N7. '4"E
437,06 1'45"E
223.02' Nl3'4S'29"W
151.41' N76'14'J1"E
181.00' N1J"45"29"W
151.41' S76"14'31"W
546.04 N1 J".-.s'29"W
629..39 NOO"OO'008W
674.05 0'4 '44"W
431.26 . '16"W
815.23 NO "5S'28RW
272.11 N00"24'S'"W
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~RECREATl~tw.. lDSE AREA
f22if 164.26 ACRES
PREF'AJlEl)SY:
SlWIl..EYE.STOCI(HAIol, P.!i.IoI.LS.IG3QO DAn:
-NOT A SURVEY-
EXHIBIT '";.:.'
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---
0331Z-5'~0J0 '"1 2H-118A
ION
DESCRIPTION OF LANDS
BEING A PART OF SECTION 6,
TOWNSHIP 46 SOUTH, RANGE 30 EAST,
COLLIER COUNTY, FLORIDA.
(All CO INC, - SFWMD RECREATIONAL LEASE AREA - EXHIBIT "A")
ALL THAT PART OF SECTION 6, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 6, TOWNSHIP 46 SOUTH, RANGE
30 EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF SAID SECTION 6 SOUTH 89'55'51" EAST, 2092.15 FEET
TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTH LINE OF SAID SECTION 6 SOUTH 89'55'51" EAST
130.27 FEET;
THENCE LEAVING SAID LINE SOUTH 04"45'10" EAST 34,63 FEET;
THENCE SOUTH 24'28'16" EAST 44.18 FEET;
THENCE SOUTH 60"15'38" EAST 29.47 FEET;
THENCE SOUTH 45'00'01" EAST 36.20 FEET;
THENCE SOUTH 53'07'33" EAST 36.56 FEET;
THENCE SOUTH 66'02'59" EAST 36,01 FEET;
THENCE SOUTH 82'50'41" EAST 29.49 FEET;
THENCE NORTH 90'00'00" EAST 120,66 FEET;
THENCE NORTH 74'27'59" EAST 68.30 FEET;
THENCE NORTH 74'28'45" EAST 68,30 FEET;
THENCE NORTH 41"10'56" EAST 38.88 FEET;
THENCE NORTH 56"18'50" EAST 52.73 FEET;
THENCE NORTH 85"14'49" EAST 44,03 FEET;
THENCE NORTH 78~0'45" EAST 37,29 FEET;
THENCE NORTH 84"18'02" EAST 36.74 FEET;
THENCE NORTH 75'55'45" EAST 30,16 FEET;
THENCE NORTH 63'27'52" EAST 32.69 FEET;
THENCE SOUTH 37'55'00" EAST 130,12 FEET TO A POINT ON THE WESTERLY EDGE OF AN
EXISTING LIME-ROCK ROAD;
THENCE ALONG THE WESTERLY AND SOUTHERLY EDGE OF SAID LIME-ROCK ROAD FOR
THE FOLLOWING SIX (6) DESCRIBED COURSES:
1) SOUTH 21'05'38" EAST 151,85 FEET;
2) SOUTH 35"14'48" EAST 52.10 FEET;
3) SOUTH 56"13'18" EAST 55.02 FEET
4) SOUTH 70'59'49" EAST 470.64 FEET;
5) SOUTH 70"14'30" EAST 384.16 FEET;
6) SOUTH 80"11'35" EAST 157.89 FEET TO ITS INTERSEC TION WITH A LINE LYING 1 FOOT
WEST OF AN EXISTING FENCE LINE;
THENCE LEAVING THE SOUTHERLY EDGE OF SAID LIME-ROCK ROAD AND ALONG A LINE
LYING 1 FOOT WEST OF AN EXISTING FENCE LINE, SOUTH 21 '06'31" EAST 844.22 FEET;
THENCE LEAVING SAID LINE SOUTH 13'52'15" WEST 59,57 FEET;
THENCE SOUTH 51'51'02" WEST 30.64 FEET;
THENCE SOUTH 51'50'58" WEST 29,51 FEET;
THENCE SOUTH 50~2'27" WEST 51.96 FEET;
THENCE SOUTH 35'31'39" WEST 31.45 FEET;
SI1812007_1snS3 Ver.02!-TOSBORNE
-
03312-$19-030--0
n ~~~=4O#,.,=.-,..cn
DESCRIPTION OF LANDS
BEING A PART OF SECTION 6,
TOWNSHIP 46 SOUl}!, RANGE 30 EAST,
COLLIER COLJNlY. FlORIDA.
Sheet 2 of3
THENCE SOUTH 55'00'24" WEST 44,64 FEET;
THENCE SOUTH 64'59'24" WEST 20,67 FEET;
THENCE SOUTH 61'58'47" EAST 47,37 FEET;
THENCE SOUTH 22'05'56" WEST 114.54 FEET;
THENCE SOUTH 13'34'17" WEST 98.12 FEET;
THENCE SOUTH 00'00'00" EAST130,52 FEET;
THENCE SOUTH 11 '57'24" EAST 91.53 FEET;
THENCE NORTH 60'53'14" EAST 35.91 FEET;
THENCE NORTH 74'28'45" EAST 68,30 FEET;
THENCE NORTH 67'23'07" EAST 47,53 FEET;
THENCE NORTH 63'25'38" EAST 40.89 FEET;
THENCE NORTH 23'58'34" EAST 36,00 FEET;
THENCE NORTH 28"17'28" EAST 53.98 FEET;
THENCE NORTH 16"41'50" EAST 38,18 FEET;
THENCE NORTH 05"12'04" EAST 40,38 FEET;
THENCE NORTH 00'00'00" WEST 51.18 FEET;
THENCE NORTH 21'01'53" WEST 50,93 FEET;
THENCE NORTH 39"49'07" WEST 28.56 FEET;
THENCE NORTH 14'03'13" WEST 30.15 FEET;
THENCE NORTH 20'00'22" EAST 42,80 FEET;
THENCE RETURN TO THE LINE LYING 1 FOOT WEST OF THE EXISTING FENCE LINE NORTH
56"18'07" EAST 21.60 FEET;
THENCE SOUTH 21'04'02" EAST ALONG SAID LINE 1494,63 FEET;
THENCE LEAVING SAID LINE SOUTH 68'00'32" WEST 154.4 6 FEET;
THENCE NORTH 44'59'14" WEST 19.82 FEET;
THENCE NORTH 78"44'17" WEST 17,52 FEET;
THENCE NORTH 78"41'10" WEST 35.34 FEET;
THENCE NORTH 56"18'36" WEST 37,38 FEET;
THENCE NORTH 79"41'53" WEST 19.84 FEET;
THENCE NORTH 79"41'35" WEST 57.45 FEET;
THENCE NORTH 90'00'00" WEST 72.57 FEET;
THENCE SOUTH 85'54'42" WEST 26,73 FEET;
THENCE SOUTH 85'54'40" WEST 21.79 FEET;
THENCE SOUTH 65"13'36" WEST 49.48 FEET;
THENCE SOUTH 75'57'39" WEST 57.00 FEET;
THENCE SOUTH 84"49'09" WEST 38,18 FEET;
THENCE SOUTH 57'31'19" WEST 45.06 FEET;
THENCE SOUTH 53'07'38" WEST 51,85 FEET;
THENCE SOUTH 04"47'12" EAST 41 ,61 FEET;
THENCE SOUTH 03"10'17" EAST 62.31 FEET;
THENCE SOUTH 05"43'04" EAST 9,18 FEET;
THENCE SOUTH 90'00'00" WEST 88,65 FEET;
THENCE SOUTH 89'06'06" WEST 883,58 FEET;
THENCE SOUTH 44"47'13" WEST 80.45 FEET;
THENCE SOUTH 03"46'23" EAST 398.35 FEET;
THENCE NORTH 87'22'15." WEST 314,89 FEET;
THENCE SOUTH 72'35'14" WEST 200,16 FEET;
THENCE NORTH 88'31 '45" WEST 437,06 FEET;
THENCE NORTH 13"45'29" WEST 223.02 FEET;
THENCE NORTH 76"14'31" EAST 151.41 FEET;
5/1812007-187753 Ve"Il2!-TOSBORNE
,-
03312-S19-030--_0
.,_clfiH
DESCRIPTION OF LANDS
BEING A PART OF SECTION 6,
TOWNSHIP 46 SOUTH, RANGE 30 EAST,
GOLlIER COUNTY, FLORIDA.
Sheet3of3
THENCE NORTH 13045'29" WEST 181.00 FEET;
THENCE SOUTH 76"14'31" WEST 151.41 FEET;
THENCE NORTH 13"45'29" WEST 546.04 FEET
THENCE NORTH 00'00'00" EAST 629,39 FEET
THENCE NORTH 00044'44" WEST 674.05 FEET;
THENCE NORTH 00'23'16" WEST 431 ,28 FEET;
THENCE NORTH 00'58'28" WEST 815.23 FEET;
THENCE NORTH 00'24'51" WEST 272.11 FEET TO THE POINT OF BEGINNING,
PARCEL CONTAINS 164,26 ACRES, MORE OR LESS,
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 6, TOWNSHIP 46 SOUTH, RANGE 30
EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 89'55'51 " EAST, PER STATE PLANE
COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 1983/99.
PHYSICAL FEATURES SUCH AS ROADS AND FENCE LINES DESCRIBED HEREIN WERE
DIGITIZED FROM COLLIER COUNTY PROPERTY APPRAISERS AERIALS (2006),
BY
BRADLEY E. STOCKHAM, P,S,M,
DATE
PSM,#6390
WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS.
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL
SURVEYOR AND MAPPER
REFERENCE WILSONMILLER DRAWING NUMBER 2H-118
5118J2007~ 187753 \Ie~ 021- TOSBORNE
-
03312_S19..a3()".O
1 OU==::~::
Temporary All Terrain Vehicle (ATV) Park
Hours of Operation
Hours of operation are 9AM to 5PM, three weekends per month and select three day
weekends. Park Rangers will work from 8AM to 6PM.
Budget Assumptions
ATV Temporary Facility
Six (6) Month Start-up
Salaries/Fringe
Operating
Expenses
Capital
Expenditures
$29,033
$15,300
$29,990
Total Expense
$74,323
Capital Expenses
Three (3) ATV's
Two (2) ATV Trailers
One (1) 10' * 10' shed for an office
One (1) generator and (4) radios
Salary/Fringe/Operational Assumptions:
Three rangers will work during each day of the weekend (26)
Two will be patrolling the A TV riding area to ensure compliance and proper
riding techniques, and patrolling the entry road
One ranger will be stationed at the gate to collect memberships if applicable, this
ranger will ensure that the gates are kept closed
Also to ensure the proper number of rides are in the park at any given time
Enforce the normal parks and recreation park rules and safe ATV riding practices
EXHIBIT C
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. EXHIBIT I-..
. rliI SOUTH FLORIDA WATER MANAGEMENT DISTRICT
~ I\.)! "I. j!l;j POTENTIAL OHV PARK LAND I D
. ,.
I . ' 0 COLLIER COUNTY, FL
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Exhibit "E"
Tract No. EK-IOO-OOl
Part of Sections 25 and 26, Township 46 South, Range 28 East, Collier County, Florida,
Commence at the Southeast corner of Section 25, Township 46 South, Range 28
East, Collier County, Florida, and run South 89000'55" West, along the South line of
said Section 25, a distance of 50.00 feet to the POINT OF BEGINNING of the land
herein described; thence, North 00033'38" West, parallel to the East line of said
Section 25, a distance of 320,00 feet; thence South 89000'55" West, parallel to the
South line of said Section 25, a distance of 210.00 feet; thence, North 00033'38"
West, parallel to the East line of said Section 25, a distance of 205.00 feet; thence,
South 89000'55" West, parallel to the South line of said Section 25, a distance of
250,00 feet; thence, North 00033'38" West, parallel to the East line of said Section
25; a distance of 1010,00 feet; thence, North 89000'55" East, parallel to the South
line of said Section 25, a distance of 510,00 feet, to the East line of said Section 25;
thence North 00033'38" West, along the East line of said Section 25, a distance of
1110.36 feet, to the East quarter corner of said Section 25; thence, North 00048'20"
West, along the East line of Section 25, a distance of 1215.37 feet; thence, South
88059'55" West, a distance of 5369.40 feet to the West line of said Section 25;
thence, South 88059'01" West, a distance of 2640.75 feet; thence, South 00037'27"
East, a distance of 520.03 feet; thence, South 87033'22" West, a distance of 434.44
feet; thence, South 15026'55" West, a distance of 476.50 feet; thence, South
56006'05" East, a distance of 619.80 feet; thence, South 04054'16" East, a distance of
1200.73 feet; thence, North 88046'54" East, a distance of 2634,91 feet to the East
line of Section 26; thence, South 01015'46" East, along the East line of said Section
26, a distance of 1330.27 feet, to the Southwest corner of Section 25; thence, North
88057'50" East, along the South line of said Section 25, a distance of 2665,79 feet, to
the South quarter comer of said Section 25; thence, North 89000'55" East, along the
South line of said Section 25, a distance of 2611.49 feet to the POINT OF
BEGINNING.
Together with the following non-exclusive easements for ingress and egress over and
across the following described parcel created by the mortgage recorded in Official
Record Book 1550, Page 1117, Public Records of Collier County, Florida.
The East 60.00 feet .of the Southeast quarter of the Southeast quarter of Section 26,
Township 46 South, Range 28 East, Collier County, Florida.
AND
The East 60.00 feet of Section 35, Township 46 South, Range 28 East, Collier County,
Florida, lying North of Pepper Road.
Containing 625.68 acres, more or less.
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Contract No.
LEASE AGREEMENT
ALICO, INC.
AND
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
This LEASE AGREEMENT ("LEASE"), is entered into this '}\ day of~, 2007,
by and between "the Parties," and ALICO, INC., a corporation of the State of Florida;lwith its
principal office at 640 Main Street, LaBelle, Florida 33935 (the "LESSOR"), and the SOUTH
FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida.,
with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose
mailing address is Post Office Box 24680, West Palm Beach Florida 33416-4680 (the "LESSEE").
WITNESSETH:
WHEREAS, the LESSOR holds title to certain lands containing 150 acres, more or less,
as shown in Exhibit "A" attached hereto and incorporated herein by reference (the "Premises");
and
WHEREAS, the LESSEE desires to lease the Premises fur the purposes of establishing a
public all terrain vehicle ("ATV") recreational facility to be operated and managed by Collier
County; and
WHEREAS, the LESSEE is empowered to enter into contracts with public agencies,
private corporations or other persons, pursuant to Section 3 73. 083( 1), Florida Statutes;
WHEREAS, the LESSOR is amenable to leasing the Premises for purposes of providing a
public outdoor ATV recreational facility; and
NOW THEREFORE, in consideration of the duties, responsibilities, obligations and
covenants herein contained to be kept and performed by the LESSEE, the LESSOR does hereby
lease to the LESSEE the Premises in accordance with the fullowing terms, conditions, covenants
and provisions:
1. DESCRIPTION OF PREMISES: The property subject to this LEASE is situated in
the County of Collier, State of Florida and is more particularly shown in Exhibit "A" attached
hereto and hereinafter called the "Premises".
lOH
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2. TERM: The term of this LEASE (the "Lease Term") shall be for a period of one (1) year,
commencing on July 1, 2007 (the "Commencement Date") and ending on June 30, 2008 (the
"Expiration Date"), unless sooner terminated pursuant to the provisions of this LEASE. For Ten
Dollars ($10.00) consideration, the receipt and sufficiency ofwhich is hereby acknowledged as part
of the first Rent payment made hereunder, and provided LESSEE has not defaulted under any
terms, conditions, covenants or provisions of this LEASE, and further provided this LEASE has
not been terminated pursuant to any other provision of the LEASE, then LESSEE shall have the
option to renew the Lease Term for one (1) additional one (1) year consecutive lease term (the
"Renewal Lease Term"), provided LESSOR receives from LESSEE written notice of LESSEE's
exercise of LESSEE's option to renew no later than one hundred eighty (180) days prior to the
expiration date of the Lease Term. In the event LESSEE properly exercises its option to renew this
LEASE, then the expiration date shall be extended for a period of one year. In the event LESSEE
fails to exercise its option to extend for the Renewal Lease Term or fails to properly or timely
exercise its option to extend fur the Renewal Lease Term, the LESSEE shall automatically be
deemed to have waived its right to extend the Lease Term for the Renewal Lease Term, unless
otherwise allowed by LESSOR. All terms, conditions, covenants and conditions of this LEASE
shall apply during the Renewal Lease Term, if applicable.
3. PURPOSE: This LEASE is to provide a site for the establishment of a public outdoor
ATV recreational facility. The Premises shall be managed by Collier County (the "County")
which shall also be solely responsible for the operation and maintenance of the facility. The
facility shall be open for public use during daylight hours only (after 8:00 am. and before 7:00
p.rn.) three weekends per month. For purposes ofthis LEASE, "weekend" shall be defmed as
Saturday, Sunday and extended national holiday weekends which include either a Monday or
Friday, such as Labor Day or Memorial Day weekend. The Parties acknowledge and agree that
the hours per day and/or number of days per month that the Premises are open for public use may
not be increased or revised without the prior written consent of LESSOR, which consent will not
be unreasonably withheld. LESSOR agrees that it will consider an enlargement of these hours
of operation after the initial term of the Lease. LESSEE shall provide, or cause to be provided,
on site management during all times that the Premises is open for public ATV use, including a
gatekeeper stationed at the gate to be constructed at the public entrance to the Premises and
another gatekeeper stationed at the existing gate along the boundary line between the Premises
and LESSOR's adjacent property. The County's on site managers shall be equipped with a fire
extinguisher and a shovel for use as a frrst line 0 f defense in the event fire threatens the Premises
while they are on the site. The emergency telephone numbers for the local fire department and
emergency medical response unit, the Collier County Sheriffs Department and the Alico Fire
Management officers shall be posted at the gatekeepers' stations. In addition, LESSEE shall
also require all ATV's entering the Premises to be equipped with GPS tracking devices to enable
LESSEE or the County, as manager of the Premises, to monitor the ATVs to insure they do not
enter those environmentally sensitive portions of the Premises which are depicted generally on
Exhibit "A," or adjacent properties, closed to public recreational ATV use. No fuel shall be
bought, sold or stored on the Premises.
4. RENT: As consideration for the rights conferred upon the LESSEE by the LESSOR
pursuant to this LEASE, the LESSEE shall pay to the LESSOR a yearly rental in the amount of
Eighteen Thousand Dollars ($18,000.00) ("Rent"); together with all applicable sales and use taxes.
2
lOH
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The first payment of Rent shall due on the Commencement Date and all subsequent Rent payments
shall be due on the anniversary date thereof through the expiration or earlier termination of the
Lease Term, including the Renewal Lease Term, if applicable. All applicable sales and use taxes
shall be added to the Rent payments during the Lease Term and shall be paid to the LESSOR by
the LESSEE.
5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE and its employees, contractors
and agents shall have the right of ingress and egress to, from and upon the Premises for all
purposes necessary for the full quiet enjoyment by said LESSEE of the rights conveyed herein.
6. UNAUTHORIZED USE: LESSEE shall, through its agents, employees and contractors,
prevent the unauthorized use of the Premises or any use thereof not in conformance with this
LEASE. LESSEE acknowledges and agrees that this LEASE does not give LESSEE any right
or interest in or to any lands owned by LESSOR beyond the Premises as identified in Exhibit
"A" attached hereto.
7. RIGHT OF INSPECTION: LESSOR or its duly authorized agents shall have the right
at any and all times to inspect the Premises and the works and operations thereon of LESSEE, in
any matter pertaining to this LEASE.
8. LIABILITY/INSURANCE: The LESSEE warrants and represents that it is self-funded
for Worker's Compensation and liability insurance, covering at a minimum bodily injury,
personal injury and property damage with protection being applicable to the LESSEE's officers,
employees, servants and agents while acting within the scope of their employment during
performance under this LEASE. The LESSEE and the LESSOR further agree that nothing
contained herein shall be construed or interpreted as (1) denying to either party any remedy or
defense available to such party under the laws of the State of Florida; (2) the consent of the State
of Florida or its agents and agencies to be sued; (3) a waiver, express or implied, of LESSEE's
sovereign immunity of the beyond the waiver provided in Section 768.28, Florida Statutes; or (4)
a waiver, express or implied, of the limitations of LESSEE's liability provided in Section
373.1395, Florida Statutes.
In the event the LESSEE subcontracts any part or all of the work hereunder to any non-
governmental third party, the LESSEE shall require each and every subcontractor to identifY the
LESSOR as an additional insured on all insurance policies as required by the LESSEE. Any
contract awarded by the LESSEE for work under this LEASE shall include a provision whereby
the LESSEE's nongovernmental subcontractor agrees to defend, indemnifY, and pay on behalf,
save and hold the LESSOR harmless from all damages arising in connection with the
LESSEE's subcontract.
For value received, which is hereby acknowledged, LESSOR shall indemnifY and hold
LESSEE, its agents, assigns, and employees, harmless from any and all claims or causes of
action, including without limitation, all damages, losses, liabilities, expenses, costs, and
attorney's fees related to such claims, resulting from any negligent or intentional act or omission,
or the violation of any federal, state, or local law or regulation, by LESSOR, its sublessees,
agents, assigns, invitees, or employees in connection with this LEASE.
3
10E
CR
This paragraph 8 shall survive the expiration or termination of the LEASE.
9. SURRENDER OF PREMISES: Upon termination or expiration of this LEASE,
LESSEE shall surrender the Premises to LESSOR. In the event no further use of the Premises
or any part thereof is needed, written notification shall be made to LESSOR, at least sixty (60)
days prior to the release of all or any part of the Premises. Notification shall include this
LEASE number and an explanation of the release, including a description of the portion of the
Premises to be released if a partial release is requested by LESSEE. The release shall only be
valid if approved by LESSOR through execution of a partial release or termination, as
applicable, of lease instrument with the same formality as this LEASE. On or before
commencing construction of any improvements on the Premises, LESSEE, at its sole cost and
expense, shall conduct an assessment of the Premises, including photographing the Premises, to
establish the condition of the Premises prior to the construction of any improvements by
LESSEE (the "Assessment"). LESSEE shall provide a copy of the Assessment to LESSOR
prior to commencing construction. Upon release of all or any part of the Premises from this
LEASE or upon expiration or termination of this LEASE, all permanent improvements,
including both physical structures and modifications to the Premises, shall become the property
of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such
improvements at the expense of LESSEE. The decision to retain any improvements upon
termination of this LEASE shall be at LESSOR sole discretion. Prior to surrender of all or any
part of the Premises, a representative of LESSOR shall perform an on-site inspection and the
keys to any buildings on the Premises shall be turned over to LESSOR. Prior to the expiration
or earlier termination of the LEASE, LESSEE shall use its best efforts to return the Premises, or
cause the Premises to be returned, to the condition in which it existed as of the Commencement
Date of this LEASE, as described in the Assessment, provided, LESSOR does not otherwise
request LESSEE to allow leave intact some or all improvements made to the Premises during
the Lease Term, including the Lease Term Renewal, if applicable, as provided in paragraph 12
hereinbelow.
In the event LESSEE does not return the Premises, or cause the Premises to be returned, to the
condition in which it existed as of the Commencement Date, as described in the Assessment,
prior to the expiration or earlier termination of the LEASE, LESSEE may remain on the
Premises for not more than one year after the expiration or earlier termination ofthe initial Lease
Term or the Renewal Period, as applicable for the sole purpose of returning the Premises to the
condition described in the Assessment. Said additional one year period of occupancy shall
hereinafter be referred to as the "Remediation Term". As consideration for LESSEE's occupancy
of the Premises during the Remediation Term, LESSEE shall pay LESSOR additional Rent in
the amount $18,000.00, together with all applicable sales and use taxes, with said rental payment
due on or before the expiration or earlier termination date of the Lease Term or the Renewal Term,
as applicable. In the event LESSEE completes the remediation and vacates the Premises prior to
the expiration of the Remediation Term, LESSOR shall return to LESSEE a prorata share of the
rental fee paid by LESSEE for such period, based on the ratio of the number of days remaining in
the Remediation Term. During the Remediation Term, the Parties shall remain responsible for all
other terms and conditions relative to LESSEE's occupancy of the Premises set forth in this
4
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LEASE; provided, however, that all use of the Premises as a public ATV recreational facility shall
cease as of the expiration or earlier termination of the Lease Term or the Renewal Tenn, as
applicable, and LESSEE's use of the Premises during the Remediation Term shall be limited to
returning the Premises to the condition in which it existed as ofthe date Commencement Date, as
descnbed in the Assessment.
10. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the
furnishing of gas, electricity, water and other public utilities, if any, to the Premises and for
having all utilities turned offwhen the Premises are surrendered.
11. ASSIGNMENT: This LEASE shall not be assigned in whole or in part without the prior
written consent of LESSOR. Any assignment made either in whole or in part without the prior
written consent of LESSOR shall be void and without legal effect.
12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures,
improvements, and signs shall be constructed at the expense of LESSEE. Removable equipment
or structures placed on the Premises by LESSEE or LESSEE's employees, contractors or agents
which does not become a permanent part ofthe Premises shall remain the property of LESSEE
or LESSEE's employees, contractors or agents, as applicable, and may be removed by LESSEE
or LESSEE's employees, contractors or agents, as applicable, upon termination ofthis LEASE.
The Parties acknowledge and agree that LESSEE, at its sole cost and expense, shall have the
right to make improvements to the Premises in connection with the establishment of a public
ATV recreational facility on the Premises, including without limitation, the construction of a
parking lot and entranceway. The LESSEE shall also be responsible for installing, or causing to
be installed, fencing along the boundaries of the Premises but only if existing fencing proves
inadequate to prevent trespass onto adjacent lands and signage setting forth the restrictions,
including any applicable rules promulgated by the LESSEE and ordinances adopted the County,
governing the public's use of the Premises. The LESSEE shall also fence off any wetlands
located on the Premises with hay bails and siltation devices to indicate which areas are closed to
public A TV use. The aforesaid fencing, hay bails and siltation devices shall be maintained by
the LESSEE or the County, as the LESSEE's contractor, during the term of the LEASE. Upon
the expiration or earlier termination of the LEASE, LESSEE shall return the Premises to the
condition in which it existed as of the Commencement Date, as described in the Assessment;
provided, however, that LESSOR shall have the right to have any or all of the improvements
made by LESSEE remain on the Premises by providing written notice to LESSEE not less than
sixty (60) days prior to the expiration or earlier termination of the LEASE. In the event
LESSOR provides such notice to LESSEE, LESSEE shall have no further obligation to remove
the permanent improvements referenced in such notice and they shall become the property ofthe
LESSOR upon the expiration or earlier termination of the LEASE.
13. ENTIRE UNDERSTANDING: This LEASE sets forth the entire understanding between
the Parties and shall only be amended with the prior written approval of LESSOR.
14. TERMINATION: It is the policy of the LESSEE to encourage good business practices
by requiring contractors to materially perform in accordance with the terms and conditions 0 f the
LEASE. In accordance with DISTRICT Rule 40E-7, Part 11, F.A.C., "material breach" is
5
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defined as any substantial, unexcused non-performance by failing to perform an act that is an
important part of the transaction or performing an act inconsistent with the terms and conditions
of the LEASE.
If the either party materially fails to fulfill its obligations under this LEASE, the other
party will provide written notice of the deficiency by forwarding a Cure Notice citing the
specific nature of the material breach. The defaulting party shall have thirty (30) days to cure the
breach. Ifthe defaulting party fails to cure the breach within the thirty (30) day period, the other
party shall issue a Termination for Default Notice. In the event the LESSEE has notified the
LESSOR that it has materially breached the LEASE, by sending a Termination for Default
Notice, the DISTRICT's Governing Board shall determine whether the LESSOR should be
suspended from doing future work with the LESSEE, and if so, for what period of time. The
DISTRICT's Governing Board will consider the factors detailed in Rule 40E-7, Part II, F.A.C.
in making a determination as to whether the LESSOR should be suspended, and if so, for what
period of time. Should the LESSEE terminate for default in accordance with this provision, the
LESSEE shall be entitled to recover reprocurement costs in addition to all other remedies under
law and/or equity.
The LESSEE may terminate this LEASE with or without cause at any time for convenience
upon thirty (30) calendar days prior written notice to the LESSOR. The performance of work
under this LEASE may be terminated by the LESSEE in accordance with this clause in whole, or
from time to time in part, whenever the LESSEE shall determine that such termination is in the best
interest of the LESSEE. Any such termination shall be effected by delivery to the LESSOR of a
Notice of Termination specifYing the extent to which the LEASE is terminated, and the date upon
which such termination becomes effective. Provided LESSEE is not otherwise in default, in the
event of such termination by LESSEE, the LESSOR shall return the prorated share of rental fee
paid by the LESSEE for the then current term of this LEASE. Notwithstanding anything
contained herein to the contrary, the Parties hereto acknowledge and agree that, in the event the
LESSEE elects to terminate this LEASE with or without cause fbr convenience as provided
hereinabove, LESSEE shall remain obligated to return the Premises to the condition in which it
existed as of the Commencement Date, as described in the Assessment, as otherwise provided in
this LEASE.
15. The LESSEE shall maintain records and the LESSOR shall have inspection and audit
rights as follows:
a Maintenance of Records: The Parties shall maintain all financial and non-financial
records and reports directly or indirectly related to the negotiation or performance of this LEASE
including supporting documentation for any service rates, expenses, research or reports, Such
records shall be maintained and made available for inspection for a period of five years from the
expiration or earlier termination of this LEASE.
b. Examination of Records: The LESSEE or its designated agent shall have the right
to examine in accordance with generally accepted governmental auditing standards all records
directly related to this LEASE. Such examination may be made only within five years from the date
of expiration or earlier termination ofthis LEASE and upon reasonable notice, time and place.
6
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c. Extended Availabilitv of Records fur Legal Disputes: In the event that the LESSEE
should become involved in a legal dispute with a third party arising from performance under this
LEASE, the LESSOR shall extend the period of maintenance for all records relating to the LEASE
until the final disposition of the legal dispute, and all such records shall be made readily available to
the LESSEE.
16. NO WAIVER OF BREACH: The failure of any party to this LEASE to insist in anyone
or more instances upon strict performance of anyone or more of the covenants, terms and
conditions of this LEASE shall not be construed as a waiver of such covenants, terms and
conditions, but the same shall continue in full force and effect, and no waiver of any party of any
one of the provisions hereof shall in any event be deemed to have been made unless the waiver is
set forth in writing, signed by all Parties.
17. NON-DISCRIMINATION: No party hereto shall discriminate against any individual
because of that individual's race, color, religion, sex, national origin, age, handicap, or marital
status with respect to any activity occurring within the Premises or upon lands adjacent to and
used as an adjunct of the Premises.
18. TIME: Time is expressly declared to be of the essence ofthis LEASE.
19. GOVERNING LAW: The laws of the State of Florida shall govern all aspects of this
LEASE. In the event it is necessary for either party to initiate legal action regarding this LEASE,
venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern
District of Florida for any claims which are justiciable in federal court.
20. SECTION CAPTIONS: Articles, subsections and other captions contained in this
LEASE are for reference purposes only and are in no way intended to describe, interpret, define
or limit the scope, extent or intent of this LEASE or any provisions thereof.
21. PROJECT MANAGEMENTINOTICE: The Parties shall direct all technical matters
arising in connection with the performance of this LEASE, other than invoices and notices, to
the attention of the respective Project Managers specified below for attempted resolution or
action. The Project Managers shall be responsible for overall coordination and oversight relating
to the performance of this Agreement. The LESSOR shall direct all administrative matters,
including invoices and notices, to the attention of the LESSEE's Contract Specialist specified
below,
All formal notices between the Parties under this LEASE shall be in writing. All notices
required by this LEASE, provided they are addressed as set forth below, shall be considered
delivered: (i) on the date delivered if by hand delivery, (ii) on the date upon which the return
receipt is signed or delivery is refused or the notice is designated by the postal authorities as not
deliverable, as the case may be, if mailed by certified mail return receipt requested and (iii) one day
after such notice is deposited with any form of overnight mail service for next day delivery. Either
party may change its address by providing prior written notice to the other of any change of
address.
7
All correspondence to the LESSEE under this LEASE shall reference the LESSEE's
Contract Number and should be copied to the County to the attention of Marla Ramsey,
Administrator, at the address given below.
8
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LESSEE:
Project Manager:
Contract Specialist:
South Florida Water Management District
P.O. Box 24680
West Palm Beach, FL 33416-4680
LESSOR:
John R. Alexander
CEO
Alico, Inc.
640 South Main Street
LaBelle, FL 33935
COUNTY:
Marla Ramsey, Administrator
Public Services Division,
3301 Tamiami Trail East
Naples, Florida, 34112.
22. EXISTING INTEREST IN LEASED PREMISES: The LESSOR warrants and
represents that it has title to the Premises.
23. MISCELLANEOUS PROVISIONS:
a. Invalidity of Lease Provision: Should any term or provision of this LEASE be
held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during
the term hereof, by force of any statute, law or ruling of any form of competent jurisdiction, such
invalidity shall not affect any other term or provision of this LEASE, to the extent that the
LEASE shall remain operable, enforceable and in full force and effect to the extent permitted by
law.
b. Inconsistencies: In the event any provisions of this LEASE shall conflict, or
appear to conflict, the LEASE, including all exhibits, attachments and all documents specifically
incorporated by reference, shall be interpreted as a whole to resolve any inconsistency.
c, Final Agreement: This LEASE states the entire understanding between the Parties
hereto and supersedes any written or oral representations, statements, negotiations, or agreements
to the contrary. The LESSOR recognizes that any representations, statements or negotiations
made by LESSEE's staff do not suffice to legally bind the LESSEE in a contractual relationship
unless they have been reduced to writing, authorized, and signed by an authorized representative
of the LESSEE. This LEASE shall bind the Parties, their assigns, and successors in interest.
9
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d. Survival: The provisions of paragraph 23(e) shall survive the expiration or
termination ofthis LEASE. In addition, any covenants, provisions or conditions set forth in this
LEASE which by their terms bind the LESSEE or both the LESSOR and the LESSEE after the
expiration or termination of this LEASE, shall survive the expiration or termination of this
LEASE.
e. Waiver of Trial by Jury Provision: As an inducement to the LESSEE agreeing to
enter into this LEASE, the LESSOR and LESSEE hereby waive trial by jury in any action or
proceeding brought by one party against another party pertaining to any matter whatsoever
arising out of or in any way connected with this LEASE or the LESSEE's occupancy of the
Premises.
f The LESSOR shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the LESSOR assert any
exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing
such exemption, by way of injunctive or other relief as provided by law, shall be upon the
LESSOR.
24. RELATIONSHIP BETWEEN THE PARTIES:
A. The Parties shall be considered independent contractors and neither party shall be
considered an employee or agent of the other party. Nothing in this LEASE shall be interpreted to
establish any relationship other than that of independent contractor between the Parties and their
respective employees, agents, subcontractors, or assigns during or after the performance on this
LEASE. Both Parties are free to enter into contracts with other Parties for similar services.
B. It is the intent and understanding of the Parties that this LEASE is solely for
the benefit of the LESSEE, LESSOR and the County. No person or entity other than the
LESSEE, LESSOR or the County shall have any rights or privileges under this LEASE in any
capacity whatsoever, either as third-party beneficiary or otherwise, Notwithstanding any1hing
contained herein to the contrary, the Parties hereto acknowledge and agree that LESSEE intends
to enter into an agreement with the County whereby the County shall be solely responsible for
the operation, management and maintenance ofthe Premises as a public ATV recreational facility
but not the restoration of the Premises required by this Lease.
C. The LESSOR shall not assign, delegate, sublease or otherwise transfer its
rights and obligations as set forth in this LEASE without the prior written consent of the
LESSEE unless such transfer of the LESSOR's rights and/or obligations is done in conjunction
with the LESSOR's emollment of the Premises in the Rural Land Stewardship Program,
specifically as part of the Rural Land Stewardship Sending Area which shall not. require the prior
written consent of the LESSEE. Any other attempted assignment in violation of this provision
shall be void.
D. The LESSOR shall not pledge the LESSEE's credit or make the LESSEE a
guarantor of payment or surety for any LEASE, debt, obligation, judgment, lien, or any form of
indebtedness.
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IN WITNESS WHEREOF, the Parties have caused this LEASE to be executed on the
day and year first above written.
LESSOR:
ALICO, INC., a Florida Corporation
B;;~
Print Nam . ~ ~
Title:
ATTEST:
STATE OF \--\o(,J ~
COUNTY OF fu {\(}.,r--,\
The foregoing instrument was acknowledged before me this ~ day of
"'(~G ' 2007, by and :),:;\\i\ Q \\It -/"0Ii\d-r
as ~l ') of Alico Corporation, a Florida corporation, on behalf ofthe
corporation, who are personally known to me.
..... I ..........-......,
: aIIMl B. MALCOLM ,
5. c.mm- DD04m24 i
: IEIpna 81312008 ::
i' __ (OOO)43~2"i
5 IIIOridINoIatyAun.. toG .'
1...._... T...................
Not Public, State of Florida
Sv..SI.\I'\ ~ lY\allJI---
Print/Type Notary Name
Commission Number: () DOI.tSl 4JI-{
Commission Expires:J/-"( () ~
11
~"\.\\\\'\ltlfll,
-", , ,0011I '"
s""'~~ h radA ~"""I
g~ ~ OF ~/ ~":'"
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ATTES~ Jnr~
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LESSEE:
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD
Office of Counsel Approved:
~ tJ~ Date:s-.Jj.,,?
A.r.?curem:"b.~I1~v'i,d: f
~(!,J/.QJ!.;)L Date5kf07
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ 'U day of
~ ,2007, by 'Jo.di l-\.c..Go...~and
as Director of Procurement of the South Florida Water Management District, on behalf ofthe
corporation, who is personally known to me.
" CANDy IKlRREW
. NaIIIY PublIC. SIIle 01 F1oIId8
. . ~E......Sop12,2009
, (M.w,.bdlcn' DO 489865
lIoIId8d By NIIanII NoIlIIJ-'
Notary~'
Print/Type Notary Name
Commission Number:
Commission Expires:
12
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EXHIBIT" A"
13
HENDRY COUtm'
COLLIER COUNTY
36
~_'51'E 1IIIZ.'1l'
PCHNTOfCOIoMENClWOIT
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~-
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LINE
l152
LlOJ
L154
L155
l156
L157
L156
1159
1160
L161
L162
l163
L154
1165
L166
U67
L168
U69
l170
Lm
Ll72
l173
U74
U75
U76
U77
U77A
l178
U79
L1SO
L181
U82
U83
L184
L185
L1S6
US7
L188
US9
U90
U91
U92
U93
U94
U95
UNE TABLE
LENGTH BEARING
130.27 5B9"55'51"E
34.63 S04'45'10~E
44.18 524'2B'16~E
29.47 56015'38"E
36.20 545"00'01"E
36.56 553'07'33"E
36.01 S66"02'59~E
29.49 5B2'50'41~E
120.66 N90'00'OO"E
68.30 N74'27'59"E
68.30 N74'2B'45~E
38.86 N41'10'5B~E
52.73 N56'lS'5Q"E
44.03 NB5'14'49"E
37.29 N78'40'45~E
36.74 N84i8'02~E
30.16 N75'55'45~E
32.69 N63'27'52~E
130.12 N37'SS'OO"W
151.B5 521"05'38"E
52.10 N35j4'48~W
55.02 N56i3'18"W
470.64 N70'59'4-9~W
384.16 N70i4'JO~W
157.89 N80il'35"W
84-4.22 N21'06'J1"W
59.57 513'52'15"W
30.64- 551'51'02~W
29.51 SS1'50'S8-W
51.96 S50'42'27"W
31.4-5 S35'31'39"W
44.64-
20.67
47.37
114.54
98.12
130.52
91.53
35.91
68.30
4-7.53 N
40.89 6
36.00
53.98
38.18
"58'4-7"
S 2"05' 6"W
5 "34'17~W
500'OO'OO"E
511'57'24"E
N60'53'14"E
4-' '4"
'0.
'38"
N i7' ~
N16'4-1'50"E
_~':11!!-__
-.-
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31
32
P.o.L
6
5
TOWNSHIP 4-5 SOUTH
TOWNSHIP 46 SOUTH
lIESIERLllFF!lEl"DF
~-
UNE
L196
U97
U98
U99
L200
L201
L202
L20'
L20.
L20S
L206
L207
L208
L209
L210
L211
L212
L213
L214
L215
L215
L217
L21a
L219
L2:ZO
L221
L222
L223
L22.
L22S
L226
L227
L22.
L229
L2'0
L231
L232
L233
L234
L235
L236
L237
L2'.
LINE TABLE
LENGTH BEARING
40.38 N05'12'D4~E
51.16 NOO"OO'OO~W
50.93 N21"Ol'53~W
28.56 N39'49'07"W
30.15 NI4'03'1J"W
42.80 N20'OO'22"E
21.60 N56'18'07~E
14-94.63 N21'04'02"W
154.46 S88"OO'32"W
19.82 N44'59'14~W
17.52 N7S'4-4'17"W
35.34 N7S'41'10"W
J7.J8 N56i8'36~W
19.B4 N79'41'5.rw
57.45 N79'41'35~
72.57 N90'00'00~W
26.73 58S'54-'42"W
21.79 SB5'54'40"W
49.4B S65i3'36~W
57.00 S75'57'39"W
38.18 584'49'09-W
45.06 S5r31'lQ~W
51.65 S53"07'.JB"W
41.61 504'47'12"E
62.31 S03iO'17~E
9.18 S05'4J'04-~E
8B.65 N90'OO'OO"E
683.58 SB9"06'05"W
BO.45 N44"47'13t:
J91U5 N03'46'23~W
314.B9 587'22'15"E
200.16 7' '1 "
437.06 '31'45"[
22.3.02' Nl.Y45'29"W
151.41' N7B'14-'31~E
1Bl.00' NI.Y45'29"W
151.41' S76"14'31~W
546.04- N13"45'29.W
629.39 NOO"OO'OO"W
674.05
431.26 N
615.2.3
272.11
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GRAPHIC SCALE
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[%?1 RECREATlOfW. LEASE AREA
Li:.:a164.26 ACRES
.w
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PREPAAED9'1:
BRADL1:YE.mx:KHAM.P.SM.L.5.IB!DO ~
-NOT A SURVEY-
EXHIBIT' A"
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~ ALlCO INC.
,...
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D3312 51....ll3O I ~ 1 2H 116.\
lON
C~
DESCRIPTION OF LANDS
BEING A PART OF SECTION 6,
TOWNSHIP 46 SOUTH, RANGE 30 EAST,
COLLIER COUNTY, FLORIDA.
(ALlCO INC. - SFWMD RECREATIONAL LEASE AREA - EXHIBIT "A")
ALL THAT PART OF SECTION 6, TOWNSHIP 46 SOUTH, RANGE 30 EAST, COLLIER COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 6, TOWNSHIP 46 SOUTH, RANGE
30 EAST, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF SAID SECTION 6 SOUTH 89'55'51" EAST, 2092.15 FEET
TO THE POINT OF BEGINNING:
THENCE CONTINUING ALONG THE NORTH LINE OF SAiD SECTION 6 SOUTH 89'55'51" EAST
130.27 FEET;
THENCE LEAVING SAID LINE SOUTH 04"45'10" EAST 34.63 FEET;
THENCE SOUTH 24'28'16" EAST 44.18 FEET:
THENCE SOUTH 60"15'38" EAST 29.47 FEET;
THENCE SOUTH 45'00'01" EAST 36.20 FEET;
THENCE SOUTH 53'07'33" EAST 36.56 FEET:
THENCE SOUTH 66'02'59" EAST 36.01 FEET;
THENCE SOUTH 82'50'41" EAST 29.49 FEET;
THENCE NORTH 90'00'00" EAST 120.66 FEET;
THENCE NORTH 74'27'59" EAST 68.30 FEET:
THENCE NORTH 74'28'45" EAST 68.30 FEET;
THENCE NORTH 41"10'56" EAST 38.88 FEET;
THENCE NORTH 56"18'50" EAST 52.73 FEET:
THENCE NORTH 85"14'49" EAST 44.03 FEET;
THENCE NORTH 78"40'45" EAST 37.29 FEET:
THENCE NORTH 84"18'02" EAST 36.74 FEET:
THENCE NORTH 75'55'45" EAST 30,16 FEET;
THENCE NORTH 63'27'52" EAST 32.69 FEET;
THENCE SOUTH 37'55'00" EAST 130.12 FEET TO A POINT ON THE WESTERLY EDGE OF AN
EXISTING LIME-ROCK ROAD;
THENCE ALONG THE WESTERLY AND SOUTHERLY EDGE OF SAID LIME-ROCK ROAD FOR
THE FOLLOWING SIX (6) DESCRIBED COURSES:
1) SOUTH 21'05'38" EAST 151.85 FEET;
2) SOUTH 35"14'48" EAST 52.10 FEET;
3) SOUTH 56"13'18" EAST 55.02 FEET
4) SOUTH 70'59'49" EAST 470.64 FEET;
5) SOUTH 70"14'30" EAST 384.16 FEET;
6) SOUTH 80"11 '35" EAST 157.89 FEET TO ITS INTERSEC TION WITH A LINE LYiNG 1 FOOT
WEST OF AN EXISTING FENCE LINE;
THENCE LEAVING THE SOUTHERLY EDGE OF SAID LIME-ROCK ROAD AND ALONG A LINE
LYING 1 FOOT WEST OF AN EXISTING FENCE LINE, SOUTH 21'06'31" EAST 844.22 FEET;
THENCE LEAVING SAID LINE SOUTH 13'52'15" WEST 59,57 FEET;
THENCE SOUTH 51'51'02" WEST 30.64 FEET;
THENCE SOUTH 51 '50'58" WEST 29.51 FEET;
THENCE SOUTH 50'42'27" WEST 51.96 FEET;
THENCE SOUTH 35'31'39" WEST 31.45 FEET;
511812007_187753 Ver;02!-TOSBORNE
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03312-S19-{13Q-.O
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DESCRIPTION OF LANDS
BEING A PART OF SECTION 6.
TOWNSHIP 46 SOUTH, RANGE 30 EAST,
COLLIER COUNTY. FLORIDA.
Shset2of3
THENCE SOUTH 55'00'24" WEST 44.64 FEET;
THENCE SOUTH 64'59'24" WEST 20,67 FEET;
THENCE SOUTH 61'58'47" EAST 47.37 FEET;
THENCE SOUTH 22'05'56" WEST 114.54 FEET;
THENCE SOUTH 13'34'17" WEST 98.12 FEET;
THENCE SOUTH 00'00'00" EAST130.52 FEET;
THENCE SOUTH 11'57'24" EAST 91.53 FEET;
THENCE NORTH 60'53'14" EAST 35.91 FEET;
THENCE NORTH 74'28'45" EAST 68,30 FEET;
THENCE NORTH 67'23'07" EAST 47.53 FEET;
THENCE NORTH 63'25'38" EAST 40.89 FEET;
THENCE NORTH 23'58'34" EAST 36.00 FEET;
THENCE NORTH 28"17'28" EAST 53.98 FEET;
THENCE NORTH 16"41'50" EAST 38.18 FEET;
THENCE NORTH 05"12'04" EAST 40.38 FEET;
THENCE NORTH 00'00'00" WEST 51.18 FEET;
THENCE NORTH 21'01'53" WEST 50,93 FEET;
THENCE NORTH 39"49'07" WEST 28.56 FEET;
THENCE NORTH 14'03'13" WEST 30.15 FEET;
THENCE NORTH 20'00'22" EAST 42.80 FEET;
THENCE RETURN TO THE LINE LYING 1 FOOT WEST OF THE EXISTING FENCE LINE NORTH
56"18'07" EAST 21.60 FEET;
THENCE SOUTH 21'04'02" EAST ALONG SAID LINE 1494.63 FEET;
THENCE LEAVING SAID LINE SOUTH 68'00'32" WEST 154.4 6 FEET;
THENCE NORTH 44'59'14" WEST 19.82 FEET;
THENCE NORTH 78"44'17" WEST 17.52 FEET;
THENCE NORTH 78"41'10" WEST 35.34 FEET;
THENCE NORTH 56"18'36" WEST 37.38 FEET;
THENCE NORTH 79"41'53" WEST 19,84 FEET;
THENCE NORTH 79"41 '35" WEST 57.45 FEET;
THENCE NORTH 90'00'00" WEST 72.57 FEET;
THENCE SOUTH 85'54'42" WEST 26.73 FEET;
THENCE SOUTH 85'54'40" WEST 21.79 FEET;
THENCE SOUTH 65"13'36" WEST 49.48 FEET;
THENCE SOUTH 75'57'39" WEST 57.00 FEET;
THENCE SOUTH 84"49'09" WEST 38.18 FEET;
THENCE SOUTH 57'31'19" WEST 45.06 FEET;
THENCE SOUTH 53'07'38" WEST 51.85 FEET;
THENCE SOUTH 04"47'12" EAST 41.61 FEET;
THENCE SOUTH 03"10'17" EAST 62.31 FEET;
THENCE SOUTH 05"43'04" EAST 9.18 FEET;
THENCE SOUTH 90'00'00" WEST 88.65 FEET;
THENCE SOUTH 89'06'06" WEST 883.58 FEET;
THENCE SOUTH 44"47'13" WEST 80.45 FEET;
THENCE SOUTH 03046'23" EAST 398.35 FEET;
THENCE NORTH 87'22'15" WEST 314.89 FEET;
THENCE SOUTH 72"35'14" WEST 200,16 FEET;
THENCE NORTH 88"31'45" WEST 437.06 FEET;
THENCE NORTH 13"45'29" WEST 223.02 FEET;
THENCE NORTH 76'14'31" EAST 151.41 FEET;
5/1812007-187753 Ver:02'-TOSBORNE
,,~
03312-519-030-.0
DESCRIPTION OF lANDS
BEING A PART OF SECTION 6,
TOWNSHIP 46 SOUTH, RANGE 30 EAST,
COLLIER COUNTY, flORIDA.
Shee13of3
THENCE NORTH 13"45'29" WEST 181.00 FEET;
THENCE SOUTH 76"14'31" WEST 151,41 FEET;
THENCE NORTH 13"45'29" WEST 546.04 FEET
THENCE NORTH 00'00'00" EAST 629.39 FEET
THENCE NORTH 00"44'44" WEST 674.05 FEET;
THENCE NORTH 00'23'16" WEST 431.28 FEET;
THENCE NORTH 00'58'28" WEST 815.23 FEET;
THENCE NORTH 00'24'51" WEST 272.11 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAiNS 164.26 ACRES, MORE OR lESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTiON 6, TOWNSHIP 46 SOUTH, RANGE 30
EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 89'55'51" EAST, PER STATE PLANE
COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 1983/99.
PHYSICAL FEATURES SUCH AS ROADS AND FENCE LINES DESCRIBED HEREIN WERE
DiGITIZED FROM COLLIER COUNTY PROPERTY APPRAISERS AERIALS (2006).
BY
BRADLEY E. STOCKHAM, P.S.M.
DATE
PSM.#6390
WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS.
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL
SURVEYOR AND MAPPER.
REFERENCE WILSONMILlER DRAWING NUMBER 2H-118
5118/2007_167753 Yer:tl2'_TOSBDRNE
,,~
03312-S19-llJQ--0
aQH
Cf<.
lOH
tR
10J
t -;1
>,
MEMORANDUM
Date:
May 22, 2007
To:
Artie Bay
EMS, Operations Analyst
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #101: ALS Interlocal Agreement(s) for Naples,
Marco Island, East Naples and the North Naples Fire and
Rescue District
Enclosed please find four original copies of the above referenced document
(Agenda Item #101), approved by the Board of County Commissioners on
Tuesday, May 22, 2007.
Please make sure all of the copies are dated and forward for signature. After
the originals are returned to your department, please forward them to the
Minutes and Records Department. We will need a cost center number for
recording. Your office will recieive copies of the recorded documents after
that has been completed. The originals will be kept in the Minutes and Records
Department for the official record of the Board of County Commissioners.
If you have any questions, please call me at 774-8406.
Thank you.
Enclosures (4)
101
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered 10 the Board Ofticc. The completed routing slip and original
documents are to be fi)rwardcd to the Board Oflicc only .!!fJ~ the Hoard has taken action on the item_)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatuft..-s, dates, and/or infonnation need(~d. Ifthe document is already complete with the
exception oftbe Chairman's sienalnre, draw a line through routing lines # Ithmueh #4, comDlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
<List in routine order)
1.
-
2.
-
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners t>/a 'J/cf)
Cft c...
6. Minutes and Records Clerk of Court's Office
(The primary contact is the holder ofthc original document pending Bee approval_ Normally the primary contact is the person who created/prepared the executive
summary. Primary cootact infonnalion is needed in the amt ooe of the addressees above, including Sue F ilsoo, need to cootact staff tor- addilimaI or missing
information. All original documents needing the BCe Chairman's signature are to be dd~ered to the Bee offICe cmIy after the OC"'C lias atk.d toappnwc Ibe
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A ved b the BeC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
lease call for
5(22/07
Agenda Item Number
ALS Intedocal Agreement for Napies,
Marco, East Naples and North N ies
Number of Original
Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
f nate.
Original document has been signed/initialed for legal suffICiency. (All documents 10 be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by tbe Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney', Office and signature page'S from
contrncts. agreement" etc. that have been fully cxecuted by all parties except the BeC
Chamnan and Clerk to the Board and ssib' State Omcials.)
All handwritten strike-through and revisions have: been initialed b) the County Attlfrne.y's
Office and all other atties I;:xce t thl;: Bee Chatrman and the Clerk to the Board
The Chainnan's signature line date h;'b been entered as tht; date of Bee approval of the
document or the final negnti,ltc-d contrac1 date which~:\lcr is applicable
"Sign here" tabs are placed on the arrror,"i<!!(.' r'age, indicating \A.'bt+'p.' the ChainTJ.{_!(j '--.
si nature and initials are rt>(iU!red.
2.
3.
4.
530-6285
10(1)
I each (total of 4)
Yes
(Initial)
elk:.-
CJC
.1 "'"'
ere
5. In most case~, (some contmc.t:;. are an ~\ct'ption}, the original documer.t emd thi~; muti!1g slip
should be provided to Sue Fi!s(H~ in the Bee office wirhrn :2..l heurs of BeT 8ppr()',~!.
Some docum;:nts are time s.('n~;itive ~md require tctn-\'arding tnf';::!!aha..sl'c "vithin a '':tTt;_1rr~ Cite-
time frame or the Bee's actrtm:~ ar;: n:dlHi;.~d. Be a'/.-:m~ of:ynur c.ic:ld~in,-,,;!
6. The document was ap,Jroved by tht:' Bee ou___5-/2Z/fP__n__... (l:nkt J~lh.'J <wd aU
changL'S made during the iliH::ditig hale: bt:'i.'f< j~lt.:ui'pon.dtu in au.: aUadlt:'t1 Jli(uHh.::nL CA<2-
The County Attorne ~'$ Office ha~, rn ltl\-eu the chan ftS. if a fi~ahlt'.
i: t'Ofms/ County forms/ Bce Formsi Original iitKllmenl~ Ruu!ing _..;iip i,<., \-...~ (rrigin:l! 0,u3 U4. h.'~ i.~<..'d j ,26 :15. R\.,vi~\.:d:2 .::'-i-,U5
Retn:
CLIRK TO THI BOARD
IHTBROmCI 4TH PLOOR
mmo
4039487 OR: 4250 PG: 1909
RICORDID in the OffICIAL RlCORDS of COLLIIR COUHTY, fL
06/28/2001 at 01:54AM DHIGHT I. BROCK, CLBRK
RIC m
cams
18.00
9.00
INTERLOCAL AGREEMENT
10 J
ADVANCED LIFE SUPPORT PARTNERSHIP
BETWEEN COLLIER COUNTY AND CITY OF NAPLES
THIS INTERLOCAL AGREEMENT, made and entered into this ~day of ,1"Y'a.u 2007, by and
between the Board of County Commissioners, Collier County, Florida, a political subdivi~tate of Florida,
(hereinafter called the "COUNTY") and the CITY OF NAPLES, "hereinafter called the "CITY").
PURPOSE
The purpose of this iTIterlocal agreement is to provide quality and cost effective fire rescue and emergency medical
services to the residents of the City of Naples and Collier County. The recognition and utilization of existing and
future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we
serve.
WITNESSETH
WHEREAS, the CITY and COUNTY seek to enhance emergency service further through a continued partnership;
and
WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for a CITY
Firefighter/Paramedic and/or Firefighter/Emergency Medical Technician, (hereinafter "EMT"), to work and train on
a COUNTY Advanced Life Support Transport Unit providing firefighter / paramedic duties and/or basic life
support EMT duties; and
WHEREAS, The ALS partnership provides for a COUNTY Paramedic/Firefighter to work and train on a CITY
Fire-Rescue unit providing firefighting and paramedic duties; and
WHEREAS, the CITY and COUNTY work cooperatively to assure appropriate response of sufficient emergency
medical resources.
NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions
contained herein, the COUNTY and the CITY agree as follows:
SECTION I: DEFINITIONS
1.0 ALS means treatment of life-threatening medical emergencies through the use of techniques such as
endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring,
and cardiac defibrillation by a qualified person, pursuant to rules of the COUNTY Medical Director.
1.1 BLS means treatment of medical emergencies by a qualified person through the use of techniques such as
patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging,
administration of oxygen, and other techniques which have been approved and are performed under
conditions specified by rules of the COUNTY Medical Director.
1.2 FTO means a Field Training Officer; a certified paramedic recognized by the Medical Director as having
sufficient skill and experience to train and direct medical providers in working under the approved medical
protocols.
1.3 Q&Lill means Quality Assurance / Quality Improvement which is the Medical Director approved program
which assesses and monitors the medical performance of Paramedics and Emergency Medical Technicians.
1.4 peR means the Patient Care Record which chronicles the medical treatment of the patient.
1.5 MOU means a Memorandum of Understanding between agencies.
1.6 Licensed means a non-transporting ALS fire apparatus and rapid response vehicle operating under the ALS
license issued to COUNTY Emergency Medical Services Department (hereinafter "EMS") for the purpose
of enhancing 911 medical responses.
I"
OR: 4250 PG: 1910
10 i
1.7 Non-Iieensed means to any response vehicle that is not required by State Statute to be licensed, but is
authorized by the Medical Director.
SECTION II: COUNTY'S RESPONSIBILITY
The following specific services, duties, and responsibilities will be the obligation of the COUNTY:
2.0 The COUNTY will provide through the County's EMS; medical direction, medical protocols, training and
quality assurance on a countywide basis.
2.1 The COUNTY will maintain at least one (I) ALS transport unit staffed by the CITY and the COUNTY
under the Board of Commissioner's (hereinafter "BCC") authority pursuant to the current Chapter 40 I. Fla.
Stat. and Subtitle 64E-2, Fla. Admin. Code) at MW6B InlaflEl StatieH 5Q Naples Fire Station 2 as a first-due
apparatus on all medical, rescue and fire incidents.
2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat. and
Subtitle 64E-2, Fla. Admin. Code, will license a total of three (3), CITY fire apparatus or response vehicles
as non-transporting ALS vehicle(s) under the COUNTY EMS license for the purpose of enhancing 911
medical responses.
2.3 The COUNTY will provide the initial ALS equipment and medical supplies to all County recognized
licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response vehicles, staffed 365
days per year, 24 hours per day including those stationed at the following locations:
I. Engine Ol, 855 8th Avenue South, Naples,
2. Engine 02, 977 26'h A venue North Naples
2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as identified in
2.3 and mutually agreed upon, under the COUNTY EMS license during the term of this lnterlocal
Agreement.
2.5 The COUNTY EMS Department will provide one (I) Paramedic/Firefighter to the CITY 365 days per year,
24 hours per day to be utilized on fire apparatus vehicle(s) licensed as an ALS nontransporting unit under
the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. and Subtitle 64E-2, Fla.
Admin. Code.
2.6 As pursuant to Chapter 401, Fla. Stat. and Subtitled 64E-2, Fla. Admin. Code, the City may operate any of
their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder when a paramedic does
not staff the vehicle.
SECTION III: CITY'S RESPONSIBILITY
The following specific services, duties, and responsibilities will be the obligation of the CITY:
3.0 The CITY will provide through the Naples Police and Emergency Services Department; Incident
Command, incident safety direction, fire rescue standard operating guidelines and training on a regional
basis.
3.1 The CITY will maintain two (2) ALS apparatus, licensed and equipped by the COUNTY, at locations
referenced in Section 2.3. These unites) will be designated within the County Sherriffs Office and Naples
Police and Emergency Services Department Communications Division's Computer Aided Dispatch (CAD)
programs to automatically respond to medical incidents with, or in place of, an ALS transport unit
committed to a previous medical, rescue or fire operation in accordance with the COUNTY's Emergency
Medical Dispatch protocol as an emergency medical response and/or fire suppression vehicle. The CITY
will maintain one (I) additional ALS Apparatus licensed by the COUNTY and equipped by the CITY.
This unit will be designated as a reserve ALS Apparatus to be only used when staffing allows.
3.2 The CITY will comply with medical protocol, and will participate in medical training and quality assurance
programs in accord with the COUNTY.
3.3 The CITY will provide one (\) Firefighter/Paramedic or Firefighter/EMT to the COUNTY 365 days per
year, 24 hours per day to be utilized on the ALS transport unit assigned to Station 02.
3.4 The CITY may provide at least one (I) MOU Training Coordinator, approved by the medical director, to
function as a Field Training Officer (FTO) / Supervisor for CITY Paramedic and EMT training.
3.5 The CITY will designate a representative to the COUNTY a Medical Director approved Quality
Assurance member to participate on the ALS Non-Transport Quality Assurance Committee.
OR: 4250 PG: 1911
10 1
3.6 The CITY may provide additional non-licensed ALS vehicles when paramedic staffing allows.
3.7 The CITY may provide additional medical equipment and advanced service with the approval of the
COUNTY.
3.8 The CITY shall be responsible for replacing expendable medical supplies and for the cost of repair and
maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles.
SECTION IV: MUTUAL CONVENANTS
4.0 The COUNTY in coordination with the CITY will be responsible for verifying that CITY
Firefighter/Paramedics and/or Firefighter/EMTS meet all requirements for State licensure and
recertification as Florida Certified Paramedics and/or EMTs. The CITY in coordination with the County
will be responsible for verifying that the COUNTY Paramedic/Firefighters meet all requiremenL' for
licensure and recertification as required by law (e.g., Florida Statutes, Florida Administrative Code, and
rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training.)
4.[ The COUNTY and the CITY will provide each other's department employees similar training and
internship programs as would be provided for a COUNTY or CITY employed Firefighter/Paramedic or
Firefighter/EMT.
4.2 Necessary qualifications for both CITY and COUNTY firefighter/paramedics will be cooperatively
developed and defined within the Collier County Fire Chief,' Association (CCFCA) Firefighter Cross
Training Program, and Collier County Medical Director's Paramedic Qualification/Certification Matrix.
4.3 The COUNTY and CITY will work cooperatively to identify and request appropriate grants in order to
improve the operations and service capabilities of both departments.
4.4 The operational decision to change the location of either apparatus assignment identified in sections 2.1 or
3.3 may be changed by mutual written consent between the Chief of the CITY's Fire Rescue and
COUNTY's County Manager or his designee (e.g. Chief of EMS).
SECTION V: OPERATING PROCEDURES
5.0 The CITY Firefighter/Paramedics and Firefighter/EMTs will meet the same requirements and perform at
the appropriate medical protocol as defined by the COUNTY EMS Medical Director, standard operating
procedures, quality assurance program, general orders and chain of command as employees of the
COUNTY EMS Department.
5.1 The CITY Firefighter/Paramedics shall be certified to perform as ALS Engine Paramedics under current
medical protocol. The COUNTY EMS Medical Director shall regularly evaluate the skills of the CITY
Paramedics for consideration of expanding the medical protocol under which they perform.
5.2 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and perform
under the same Fire specialized response protocols, standard operating procedures and chain of command
as employees of the CITY.
5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent between
the Chief ofthe CITY's Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of EMS).
Such revisions must not conflict with the terms and standards set forth in this Agreement.
5.4 Licensed and non-licensed ALS vehicles, programs, personnel or details may be developed and
implemented by joint agreement and in cooperation between the CITY and COUNTY. Such resources may
not conflict with the standards set forth in this agreement.
5.5 The CITY and COUNTY EMS Department will recognize the respective ranks and abilities of assigned
personneL
5.6 All discipline and investigations leading to discipline will be handled by the respective employing agency.
5.7 The CITY and COUNTY will utilize Command Staff and assets for logistical, support, and operational
needs for national, state and local emergencies.
5.8 The State of Florida recognized Incident Management System (IMS) is the standard for emergency
operations. The CITY shall assume command and control of all incidents where the CITY is the Authority
Having Jurisdiction. [n all instances where the CITY has established command, COUNTY EMS shall
assume responsibility for, and be in charge of, patient care.
5.9 The COUNTY and CITY will jointly develop medical recordkeeping procedures and share statistical data.
OR: 4250 PG: 1912
10 I
SECTION VI: RESOLUTION OF CONFLICTS
6.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen
circumstances come into conflict issues will immediately be decided in the following manner;
1. First and foremost by the medical needs of the patient and responder safety.
2. The COUNTY will have jurisdiction of medical issues concerning appropriate patient care.
3. The CITY will have jurisdiction of tire/rescue issues concerning operations and safety.
4. Conflicts involving patient care issues will be resolved through a QNQI process.
5. Should conflicts arise that are unresolvable, the chain of command within each department
will corne together in an attempt to resolve those issues at the equivalent levels of each
department and in unison move up the chain of command as necessary.
SECTION VII: AGREEMENT TERM
7.0 This Interlocal Agreement supersedes the agreement titled "lnterlocal Agreement Advanced Life Support
Engine Partnership, between the CITY and COUNTY, dated June 25, 2002.
7.1 The Interlocal Agreement shall remain in full force and effect from the date first above written and shall
tenninate after written notice ofterminatioll.
7.2 This Interlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years. Absent
termination or amendment to this Interlocal Agreement, the term of this Interlocal Agreement will
automatically renew in (3) three year periods. Nothing within this Agreement shall preclude review and
amendment of any provision within the three (3) year period or successive renewal periods when such
amendment is mutually agreed to in writing by the COUNTY and CITY.
7.3 Either the COUNTY or the CITY may terminate this Interlocal Agreement after providing written notice of
its intent to terminate at least ninety (90) days in advance of the date of termination.
7.4 In the event that the COUNTY's Medical Director determines that the CITY's failure to fulfill any ofthe
obligations under this Agreement adversely affects or may adversely affect the medical needs of the patient
and/or responder safety, EMS may provide written notice to CITY of its intent to recommend that the BCC
terminate this Agreement. BCC consideration of termination of this Agreement must occur at the next
available regular meeting of the BCC. Advance notice of the BCC meeting date and agenda item must be
provided to the Medical Director and CITY. Unless otherwise determined by the BCC at the meeting, the
notice of intent to recommend that the BCC terminate this Agreement shall be deemed to be fully sufficient
and to have commenced the (90) ninety day notice period. In the alternative, the BCC at the meeting may,
after receiving information from the Medical Director and CITY, terminate this Agreement without further
action or notice to the CITY. Nothing in this Agreement shall limit the authority of the Medical Director as
set forth in the Florida Statutes and the Florida Administrative Code.
7.5 The terminating party must also provide the non-terminating party's representatives with an opportunity to
consult with the terminating party's representatives regarding the reason(s) for tennination during the
notice periods provided in Section VII of this Agreement.
SECTION VIII: INSURANCE
8.0 The CITY and COUNTY shall maintain insurance in the minimum amounts and types required by Florida
State Statutes.
8.1 The CITY and COUNTY agree that either party may be self-insured on the condition that all self-insurance
must comply with all State laws and regulations and must meet with the approval of the other party to this
Interlocal Agreement.
8.2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section
768.28 CITY and COUNTY agree to hold harmless the other, their employees and agents against any and
all claims and/or damages by or behalf of any person, employee or legal entity arising from their respective
negligent acts pursuant to this Interlocal Agreement that allows employees of the other to occupy and ride
in each other's vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose
liability on CITY or the COUNTY when it would not otherwise be responsible.
OR: 4250 PG: 1913
10 1
SECTION IX: MISCELLANEOUS
9.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the
event any litigation is instituted by way of construction or enforcement of this Interlocal Agreement, the
party prevailing in said litigation shall be entitled to collect and recover from the non-prevailing party all
court costs and other expenses, including reasonable Attorney's fees.
9.1 It is understood that this Interlocal Agreement must be executed by both parties prior to the CITY and
COUNTY commencing with the work, services, duties and responsibilities described heretofore.
9.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments to this Agreement
(including amendments to the ALS Partnership Operations Plan, Attachment A), shall be filed with the
Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall
file this Interlocal Agreement as soon as practicable after approval and execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their
appropriate officials, as of the date first above written.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
',.
~~~~O,
11911it~0II1. .
Approval as to fprI11 and legal
Sufficiency:
B'~~
5/ga/D7
Jim Coletta., Chairman
~~~~
Jennifer A. Belpedi
Assistant County Attorney
BY:
Approval as to fOrI11 and legal Sufficiency:
/-) \)
, \("W \). \ ,.
Robert D. Pritt
City Attorney
r:
\!)
OR: 4250 PG: 1914
10J
ATTACHMENT A
COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT AND
NAPLES FIRE AND RESCUE DEPARTMENT
ALS PARTNERSHIP OPERATIONS PLAN
REFERENCE:
rd
ALS Program Interlocal Agreement, /YPJ;@, 2007
PURPOSE: To provide quality and cost effective fire rescue and emergency medical
services to the residents of the City of Naples (PES D) and Collier County (COUNTY). The
recognition and utilization of existing and future personnel skills, qualifications and resources is
in the interest and benefit of both agencies and the public we serve.
1. QUALIFICATION REQUIREMENTS
a. COUNTY Paramedic/Firefighters utilized on designated fire apparatus must maintain
the following valid and current qualifications:
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
11. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification;
1lI. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
64E;
tv. Collier County Medical Director's Paramedic Certification/Qualification
Matrix Rescue Paramedic and;
v. Collier County Fire Chiefs' Association Firefighter Cross Training
Certification.
b. PESD Firefighters utilized on the County Medic unit must maintain the following
valid and current qualifications:
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
11. Florida Bureau of Emergency Medical services and Community Health
Resources EMT or Paramedic Certification;
1lI. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
64E and;
IV. Collier County Medical Director's Orientation, as referenced in the Collier
County Medical Director's Paramedic Certification/Qualification Matrix
OR: 4250 PG: 1915
10 I
c. At least one PESD Firefighter/Paramedic utilized on licensed PESD ALS apparatus
or vehicle must maintain the following valid and current qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter 11);
II. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification and;
111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
ME and;
IV. Collier County Medical Director's Paramedic Certification/Qualification
Matrix Engine Paramedic Certification or above.
d. PESD Firefighter/Paramedics utilized in non-licensed apparatus or assignments must
maintain the following valid and current qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
II. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification and;
111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
64E and;
tv. Collier County Medical Director's Paramedic Certification/Qualification
Matrix Engine Paramedic Certification or above.
2. SCHEDULING AND POSITION ASSIGNMENTS
a. The COUNTY and PESD Chiefs or their designee, must approve all Exchange
Program participants.
b. The COUNTY Battalion Chief 80 and PESD Battalion Chief 0 I will consult openly
in order to assure continuity and effIciency.
c. The COUNTY will continuously provide PESD with one [I] COUNTY
Paramedic/Firefighter as qualified within Section I, a for use on a designated ALS
apparatus or vehicle.
d. PESD will continuously provide the COUNTY with one [I] PESD Firefighter as
qualified within Section I. b. for use on the appropriate designated apparatus or
vehicle.
e. Exchange Program partlctpants will partIcIpate in appropriate on-duty training,
station duties and unit assignments in accordance with assignment and rank.
f. It is recognized by COUNTY and PESD that harmonious and productive
relationships between all personnel are necessary. Teamwork and cooperation is
encouraged and expected.
OR: 4250 PG: 1916
10 l
g. Applicable COUNTY and/or CITY policies, practices, procedures, standard operating
guidelines, general orders, protocols and/or applicable Bargaining Unit Contract
language will be observed.
3. COMMUNICATION AND DISPATCH
a. COUNTY and PESD staff will assure all personnel operate on the appropriate
radio frequency, unit identifier dispatch and zone coverage protocol in accordance
with Computer Aided Dispatch (CAD) and the CCFCA Communications Manual.
Designated assignments are outlined as follows:
1. Medical Director approved Emergency Medical Dispatch (EMD) Models
shall be designed to assure the initial response of appropriate ALS
licensed apparatus.
ll. COUNTY and PESD chief officers will utilize available PESD licensed
resources to assure ALS coverage is continuously maintained within the
City of Naples.
lll. COUNTY and PESD chief officers will assure licensed and non-licensed
ALS assets will respond to out-of-district emergencies or coverage when
identified by CAD as the closest available ALS unit.
b. Applicable COUNTY and/or CITY policies, practices, procedures, standard
operating guidelines, general orders, protocols and/or applicable Bargaining Unit
Contract language will be observed.
4. DOCUMENTATION
a. The first arriving licensed and non-licensed ALS unit will document each patient
contact in a hand written Patient Care Report (PCR). The PCR must record any
notations from on-scene patient treatment, patient identifying data completed and
collected prior to transfer of patient care, AR number, Dispatch times, and crew
signatures with State paramedic or EMT license numbers. When ALS units arrive at
the same time, the PCR will be completed by the transporting unit. Shift PCRs are to
be collected in a secured envelope with completed coversheet and submitted to the
appropriate EMS representative.
b. Before the end of shift, an accurate and complete EMS2000 report will be
electronically transmitted for each patient contact 100% of the time. All BLS/ALS
procedures performed by the personnel assigned to the ALS response will be fully
documented. "CHART" format with documented "BSI" is required.
c. Prior to 0900hrs, or as call volwne permits, Battalion 50 or designee must fax or
email a complete ALS Engine Staffing Report to Battalion 81's office. An updated
report will be provided to Battalion 81 prior to or at the end of shift to reflect staffing
changes during that tour. Battalion 81 will fax a complete EMS Staffing report to
Battalion 50's office.
*** OR: 4250 PG: 1917 ***
10 I
5. QUALITY ASSURANCE
a. PESD will appoint a Medical Director approved "Quality Assurance (QA) member to
participate on the ALS Non-Transport Quality Assurance Committee, and will be
granted privileges to enable them to review their department's EMS 2000 PCRs.
b. At the discretion of the Medical Director or designee, routine or informational QA
Review may be handled by the PESD member. The QA Committee will provide the
member with appropriate documentation detailing the area of interest. The member
shall review and complete the material with the PESD personnel and return all
necessary documentation to the ALS Non-Transport QA Committee within thirty [30]
calendar days.
c. In the event the Medical Director orders remediation, the QA member shall be present
understanding that confidential medical information will be discussed. If a significant
issue is identified by the QA Committee, the EMT or Paramedic may be immediately
prohibited from providing patient care until all processes are completed.
6. TRAINING
a. PESD will appoint a Medical Director approved "EMS Training person(s)" to work
as an adjunct for the Collier County EMS Training Center so to instruct PESD
personnel in pre-hospital medicine and protocol.
b. The PESD Training person(s) is qualified to instruct PESD firefighter paramedics or
EMTs Medical Director approved in-services, certifications, classes, etc.
c. Any curriculum taught by the PESD EMS Training person(s) must be submitted with
a complete student roster to the Medical Director in order to qualify for County
accreditation. In addition, the EMS Training person(s) will be granted privileges to
EMS 2000 to accurately record continuing education hours of any personnel
completing their training.
d. PESD will provide to the State Fire College appropriate approved training
docwnentation for recognized State approved fire classes.
07,EMS,00080/2
10/
1 ,
INTERLOCAL AGREEMENT
ADVANCED LIFE SUPPORT PARTNERSHIP
BETWEEN COLLIER COUNTY AND EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT
THIS INTERLOCAL AGREEMENT, made and entered into this _ day of 2007, by and
between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida,
(hereinafter called the "COUNTY") and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, an
Independent Special District of the County of Collier, State of Florida, created under Chapter 61-2032, Laws of
Florida, and its successors, (hereinafter "EAST NAPLES").
PURPOSE
The purpose of this interlocal agreement is to provide quality and cost effective fIre rescue and emergency medical
services to the residents of the EAST Naples district and Collier County. The recognition and utilization of existing
and future personnel skills, qualifIcations and resources is in the interest and benefIt of both agencies and the public
we serve.
WITNESSETH
WHEREAS, EAST NAPLES and COUNTY seek to enhance emergency service further through a continued
partnership; and
WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for an EAST NAPLES
FirefIghter/Paramedic and/or FirefIghterlEmergency Medical Technician, (hereinafter "EMT"), to work and train on
a COUNTY Advanced Life Support (hereinafter "ALS") Transport Unit providing frrefIghter / paramedic duties
and/or basic life support EMT duties; and
WHEREAS, The ALS partnership provides for a COUNTY Paramedic/FirefIghter to work and train on an EAST
NAPLES Fire-Rescue unit providing firefIghting and paramedic duties; and
WHEREAS, EAST NAPLES and COUNTY work cooperatively to assure appropriate response of sufficient
emergency medical resources,
NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions
contained herein, the COUNTY and EAST NAPLES agree as follows:
SECTION I: DEFINITIONS
/.0 ALS means treatment of life-threatening medical emergencies through the use of techniques such as
endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring,
and cardiac defIbrillation by a qualifIed person, pursuant to rules of the COUNTY Medical Director
I.I BLS means treatment of medical emergencies by a qualifIed person through the use of techniques such as
patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging,
administration of oxygen, and other techniques which have been approved and are performed under
conditions specifIed by rules of the COUNTY Medical Director.
/.2 FTO means to a Field Training OffIcer; a certifIed paramedic recognized by the Medical Director as
having suffIcient skill and experience to train and direct medical providers in working under the approved
medical protocols.
1.3 QmI means to Quality Assurance/ Quality Improvement which is the Medical Director approved
program which assesses and monitors the medical performance of Paramedics and Emergency Medical
Technicians.
/.4 PCR means to the Patient Care Record which chronicles the medical treatment of the patient.
1.5 MOU means to a Memorandum of Understanding between agencies,
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1.6 LIcensed means a non-transporting ALS fire apparatus and rapid response vehicle operating under the ALS
license issued to COUNTY Emergency Medical Services Department (hereinafter "EMS") for the purpose
of enhancing 91 I medical responses.
1.7 Non-licensed means to any response vehicle that is not required by State Statute to be licensed, but is
authorized by the Medical Director.
SECTION II: COUNTY'S RESPONSffiILITY
The following specific services, duties, and responsibilities will be the obligation of the COUNTY:
2,0 The COUNTY will provide through the County's Emergency Medical Services (EMS) Department;
medical direction, medical protocols, training and quality assurance on a countywide basis.
2.1 The COUNTY will maintain at least one (I) ALS transport unit staffed by EAST NAPLES and the
COUNTY under the Board of Commissioner's authority pursuant to the current Chapter 401. Fla. Stat. and
Subtitle 64E-2, Fla. Admin. Code) at COUNTY Station 22 as a first-due apparatus on all medical, rescue
and fire incidents,
2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat. and
Subtitle 64E-2, Fla, Admin. Code, will license a total of two (2), EAST NAPLES fire apparatus or response
vehicles as non-transporting ALS vehicle(s) under the COUNTY EMS license for the purpose of enhancing
911 medical responses.
2.3 The COUNTY will provide the initial ALS equipment and medical supplies to all County recognized
licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response vehicles, staffed 365
days per year, 24 hours per day including those stationed at the following locations:
1. Engine 20, 4798 Davis Blvd., Naples
2. Engine 23, 6055 Collier Blvd., Naples
2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as identified in
2.3 and mutually agreed upon, under the COUNTY EMS license during the term of this Interlocal
Agreement.
2,5 The COUNTY EMS Department will provide one (I) Paramedic/Firefighter to EAST NAPLES 365 days
per year, 24 hours per day to be utilized on fire apparatus vehicle(s) located at EAST NAPLES Station 23
and licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant
to Chapter 40 I, Fla, Stat. and Subtitle 64E-2, Fla, Admin. Code.
2.6 As pursuant to Chapter 401, Fla. Stat. and Subtitled 64E-2, Fla. Admin. Code, EAST NAPLES may
operate any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder when a
paramedic does not staff the vehicle,
SECTION Ill: EAST NAPLES' RESPONSffiILITY
The following specific services, duties, and responsibilities will be the obligation of EAST NAPLES:
3.0 EAST NAPLES will provide through EAST NAPLES' Fire Rescue Department; Incident Command,
incident safety direction, fire rescue standard operating guidelines and training on a regional basis.
3.1 EAST NAPLES will maintain two (2) ALS apparatus, licensed and equipped by the COUNTY, at locations
referenced in Section 2,3. These unit(s) will be designated within the County Sherriffs Office Computer
Aided Dispatch (CAD) program to automatically respond to medical incidents with, or in place of, an ALS
transport unit committed to a previous medical, rescue or flre operation in accordance with the COUNTY's
Emergency Medical Dispatch protocol as an emergency medical response and/or fire suppression vehicle.
3.2 EAST NAPLES will comply with medical protocol, and will participate in medical training and quality
assurance programs in accord with the COUNTY.
3.3 EAST NAPLES will provide one (I) Firefighter/Paramedic or Firefighter/EMT to the COUNTY 365 days
per year, 24 hours per day to be utilized on the ALS transport unit assigned to COUNTY Station 22,
3.4 EAST NAPLES may provide at least one (I) MOO Training Coordinator, approved by the medical
director, to function as a Field Training Officer (FTO) / Supervisor for EAST NAPLES Paramedic and
EMT training,
3,5 EAST NAPLES will designate a representative to the COUNTY a Medical Director approved Quality
Assurance member to participate on the ALS Non-Transport Quality Assurance Committee.
101 HI
3,6 EAST NAPLES may provide additional non-licensed ALS vehicles when paramedic staffmg permits.
3,7 EAST NAPLES may provide additional medical equipment and advanced service with the approval of the
COUNTy,
3.8 EAST NAPLES shall be responsible for replacing expendable medical supplies and for the cost of repair
and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles.
SECTION IV: MUTUAL CONVENANTS
4.0 The COUNlY in coordination with EAST NAPLES will be responsible for verifying that EAST NAPLES
Firefighter/Paramedics and/or Firefighter/EMTS meet all requirements for State licensure and
recertification as Florida Certified Paramedics and/or EMTs. EAST NAPLES in coordination with the
County will be responsible for verifying that the COUNTy ParamediclFirefighters meet all requirements
for licensure and recertification as required by law (e.g., Florida Statutes, Florida Administrative Code, and
rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training.)
4,1 The COUNlY and EAST NAPLES will provide each other's department employees similar training and
internship programs as would be provided for a COUNTY or EAST NAPLES employed
Firefighter/Paramedic or Firefighter/EMT,
4.2 Necessary qualifications for both EAST NAPLES and COUNTY firefighter/paramedics will be
cooperatively developed and defmed within the Collier County Fire Chiefs' Association (CCFCA)
Firefighter Cross Training Program, and Collier County Medical Director's Paramedic
Qualification/Certification Matrix.
4,3 The COUNlY and EAST NAPLES will work cooperatively to identify and request appropriate grants in
order to improve the operations and service capabilities of both departments.
4.4 The operational decision to change the location of either apparatus assignment identified in sections 2.1 or
3.3 may be changed by mutual written consent between the Chief of the East Naples Fire Rescue and
COUNTY's County Manager or his designee (e,g. Chief of EMS).
SECTION V: OPERATING PROCEDURES
5,0 EAST NAPLES Firefighter/Paramedics and Firefighter/EMTs will meet the same requirements and
perform at the appropriate medical protocol as defined by the COUNTY EMS Medical Director, standard
operating procedures, quality assurance program, general orders and chain of command as employees of
the COUNTY EMS Department.
5, I EAST NAPLES Firefighter/Paramedics shall be certified to perform as ALS Engine Paramedics under
current medical protocol. The COUNTY EMS Medical Director shall regularly evaluate the skills of
EAST NAPLES Paramedics for consideration of expanding the medical protocol under which they
perform.
5.2 The COUNlY EMS Department ParamediclFirefighters will meet the same requirements and perform
under the same Fire specialized response protocols, standard operating procedures and chain of command
as employees of EAST NAPLES.
5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent between
the Chief of the East Naples Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of
EMS), Such revisions must not conflict with the terms and standards set forth in this Agreement.
5.4 Licensed and non-licensed ALS vehicles, programs personnel or details may be developed and
implemented by joint agreement and in cooperation between EAST NAPLES and COUNTY. Such
resources may not conflict with the standards set forth in this agreement.
5.5 EAST NAPLES and COUNTY EMS Department will recognize the respective ranks and abilities of
assigned personnel.
5.6 All discipline and investigations leading to discipline will be handled by the respective employing agency.
5.7 EAST NAPLES and COUNTY will utilize Command Staff and assets for logistical, support, and
operational needs for national, state and local emergencies.
5.8 The State of Florida recognized Incident Management System (IMS) is the standard for emergency
operations. EAST NAPLES shall assume command and control of all incidents where EAST NAPLES is
the Authority Having Jurisdiction. In all instances where EAST NAPLES has established command,
COUNlY EMS shall assume responsibility for, and be in charge of, patient care.
101 ';i
5.9 The COUNTY and EAST NAPLES will jointly develop medical recordkeeping procedures and share
statistical data,
SECTION VI: RESOLUTION OF CONFLICTS
6.0 If the two governing entities standard operating procedures, chain of conunand or any other unforeseen
circumstances come into conflict, issues will inunediately be decided in the following manner;
I. First and foremost by the medical needs of the patient and responder safety
2. The COUNTY will have jurisdiction of medical issues concerning appropriate patient care.
3. EAST NAPLES will have jurisdiction of fire/rescue issues concerning operations and safety.
4. Conflicts involving patient care issues will be resolved through a QNQI process,
5. Should conflicts arise that are unresolvable, the chain of command within each department
will come together in an attempt to resolve those issues at the equivalent levels of each
department and in unison move up the chain of command as necessary.
SECTION VII: AGREEMENT TERM
7.0 This Interlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life Support
Engine Partnership, between the EAST NAPLES and COUNTY, dated July 31, 2001.
7, I The Interlocal Agreement shall remain in full force and effect from the date first above written and shall
terminate after written notice of termination.
7.2 This Interlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years, Absent
termination or amendment to this Interlocal Agreement, the term of this Interlocal Agreement will
automatically renew in (3) three year periods. Nothing within this Agreement shall preclude review and
amendment of any provision within the three (3) year period or successive renewal periods when such
amendment is mutually agreed to in writing by the COUNTY and EAST NAPLES,
7.3 Either the COUNTY or the EAST NAPLES may terminate this Interlocal Agreement after providing
written notice of its intent to terminate at least ninety (90) days in advance of the date of termination.
7.4 In the event that the COUNTY's Medical Director determines that the EAST NAPLES failure to fulfill any
of the obligations under this Agreement adversely affects or may adversely affect the medical needs of the
patient and/or responder safety, EMS may provide written notice to EAST NAPLES of its intent to
recommend that the BCC terminate this Agreement. BCC consideration of termination of this Agreement
must occur at the next available regular meeting of the BCC. Advance notice of the BCC meeting date and
agenda item must be provided to the Medical Director and EAST NAPLES. Unless otherwise determined
by the BCC at the meeting, the notice of intent to reconunend that the BCe terminate this Agreement shall
be deemed to be fully sufficient and to have commenced the (90) ninety day notice period. In the
alternative, the BCC at the meeting may, after receiving information from the Medical Director and EAST
NAPLES, terminate this Agreement without further action or notice to the EAST NAPLES. Nothing in
this Agreement shall limit the authority of the Medical Director as set forth in the Florida Statutes and the
Florida Administrative Code.
7.5 The terminating party must also provide the non-terminating party's representatives with an opportunity to
consult with the terminating party's representatives regarding the reason(s) for termination during the
notice periods provided in Section VII of this Agreement.
SECTION VIII: INSURANCE
8.0 EAST NAPLES and COUNTY shall maintain insurance in the minimum amounts and types required by
Florida State Statues.
8.1 EAST NAPLES and COUNTY agree that either party may be self-insured on the condition that all self-
insurance must comply with all State laws and regulations and must meet with the approval of the other
party to this Interlocal Agreement.
8.2 To the extent permitted by law and as lirnited by and pursuant to the provisions of Florida Statutes, Section
768.28 EAST NAPLES and eOUNTY agree to hold harmless the other, their employees and agents against
any and all claims and/or damages by or behalf of any person, employee or legal entity arising from their
101
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..-:.,
respective negligent acts pursuant to this agreement that allows employees of the other to occupy and ride
in each other's vehicles. Nothing is intended to alter either party's inununity in tort or otherwise impose
liability on EAST NAPLES or the COUNTY when it would not otherwise be responsible.
SECTION IX: MISCELLANEOUS
9.0 This Interlocal Agreement shall be governed by and construed under the laws ofthe State of Florida. In the
event any litigation is instituted by way of construction or enforcement of the Interlocal Agreement, the
party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court
costs and other expenses, including reasonable Attorney's fees.
9. I It is understood that this Interlocal Agreement must be executed by both parties prior to EAST NAPLES
and COUNTY conunencing with the work, services, duties and responsibilities described heretofore,
9.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments shall be filed with the
Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II), The COUNTY shall
file said agreement as soon as practicable after approval and execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their
appropriate officials, as of the date first above written.
,I
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORJDA
n, ~~I/U, "
Jim Coletta., Chairman ') / .r;rJ /0 J
, \.
, .
~A~A · ~ ~~ ,{J.( .
D~lll"k, ~.
t19natu" Ofl\.
Approval as to form and legal
Sufficiency:
EAST NAPLES FIRE CONTROL AND RESCUE
DISTRICT
BY;
Thomas G. Cannon, Chairman
1 O~
ATTACHMENT A
COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT AND
EAST NAPLES FIRE AND RESCUE DEPARTMENT
ALS PARTNERSHIP OPERATIONS PLAN
REFERENCE:
ALS Program lnterlocal Agreement,
,2007
PURPOSE: To provide quality and cost effective fire rescue and emergency medical
services to the residents of EAST NAPLES (ENFD) and Collier County (COUNTY). The
recognition and utilization of existing and future personnel skills, qualifications and resources is
in the interest and benefit of both agencies and the public we serve.
1. QUALIFICATION REQUIREMENTS
a. COUNTY ParamediclFirefighters utilized on designated fire apparatus must maintain
the following valid and current qualifications:
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter 11);
11. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification;
111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
64E;
IV, Collier County Medical Director's Paramedic Certification/Qualification
Matrix Rescue Paramedic and;
v. Collier County Fire Chiefs' Association Firefighter Cross Training
Certification.
b. ENFD Firefighters utilized on the County Medic unit must maintain the following
valid and current qualifications:
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter 11);
11. Florida Bureau of Emergency Medical services and Community Health
Resources EMT or Paramedic Certification;
iii. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
64E and;
10/
" 1
iv. Collier County Medical Director's Orientation, as referenced in the Collier
County Medical Director's Paramedic Certification/Qualification Matrix
c. At least one ENFD Firefighter/Paramedic utilized on licensed ENFD ALS apparatus
or vehicle must maintain the following valid and current qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
11. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification and;
iii, Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
ME and;
tv. Collier County Medical Director's Paramedic Certification/Qualification
Matrix Engine Paramedic Certification or above.
d. ENFD Firefighter/Paramedics utilized in non-licensed apparatus or assignments must
maintain the following valid and current qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
11. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification and;
iii. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
64E and;
iv. Collier County Medical Director's Paramedic Certification/Qualification
Matrix Engine Paramedic Certification or above.
2. SCHEDULING AND POSITION ASSIGNMENTS
a. The COUNTY and ENFD Chiefs or their designee, must approve all Exchange
Program participants.
b. The COUNTY Battalion Chief 80 and ENFD Captain 20 will consult openly in order
to assure continuity and efficiency.
c. The COUNTY will continuously provide ENFD with one [I] COUNTY
ParamediclFirefighter as qualified within Section I ,a for use on a designated ALS
apparatus or vehicle,
d. ENFD will continuously provide the COUNTY with one [I] ENFD Firefighter as
qualified within Section I,b. for use on the appropriate designated apparatus or
vehicle,
e. Exchange Program participants will participate in appropriate on-duty training,
station duties and unit assignments in accordance with assignment and rank.
10J
. 'I
. ~ ,
f. It is recognized by COUNTY and ENFD that harmonious and productive
relationships between all personnel are necessary. Teamwork and cooperation is
encouraged and expected.
g. Applicable COUNTY and/or EAST NAPLES policies, practices, procedures,
standard operating guidelines, general orders, protocols and/or applicable Bargaining
Unit Contract language will be observed,
3. COMMUNICATION AND DISPATCH
a. COUNTY and ENFD staff will assure all personnel operate on the appropriate radio
frequency, unit identifier dispatch and zone coverage protocol in accordance with
Computer Aided Dispatch (CAD) and the CCFCA Communications Manual.
Designated assignments are outlined as follows:
1. Medical Director approved Emergency Medical Dispatch (EMD) Models shall
be designed to assure the initial response of appropriate ALS licensed
apparatus.
11, COUNTY and ENFD chief officers will utilize available ENFD licensed
resources to assure ALS coverage is continuously maintained within EAST
NAPLES.
iii. COUNTY and ENFD chief officers will assure licensed and non-licensed
ALS assets will respond to out-of-district emergencies or coverage when
identified by CAD as the closest available ALS unit.
b. Applicable COUNTY and/or EAST NAPLES policies, practices, procedures,
standard operating guidelines, general orders, protocols and/or applicable Bargaining
Unit Contract language will be observed.
4. DOCUMENTATION
a. The first arriving licensed and non-licensed ALS unit will document each patient
contact in a hand written Patient Care Report (PCR), The PCR must record any
notations from on-scene patient treatment, patient identifying data completed and
collected prior to transfer of patient care, AR number, Dispatch times, and crew
signatures with State paramedic or EMT license numbers. When ALS units arrive at
the same time, the PCR will be completed by the transporting unit. Shift PCRs are to
be collected in a secured envelope with completed coversheet and submitted to the
appropriate EMS representative.
10'
b. Before the end of shift, an accurate and complete EMS2000 report will be
electronically transmitted for each patient contact 100% of the time. All BLS/ ALS
procedures performed by the personnel assigned to the ALS response will be fully
documented. "CHART" format with documented "BSI" is required,
c. Prior to 0900hrs, or as call volume permits, Captain 20 or designee must fax or email
a complete ALS Engine Staffing Report to Battalion 81 's office. An updated report
will be provided to Battalion 81 prior to or at the end of shift to reflect staffing
changes during that tour. Battalion 81 will fax a complete EMS Staffing report to
Captain 20's office.
5. QUALITY ASSURANCE
a. ENFD will appoint a Medical Director approved "Quality Assurance (QA) member to
participate on the ALS Non-Transport Quality Assurance Committee, and will be
granted privileges to enable them to review their department's EMS 2000 PCRs,
b. At the discretion of the Medical Director or designee, routine or informational QA
Review may be handled by the ENFD member. The QA Committee will provide the
member with appropriate documentation detailing the area of interest. The member
shall review and complete the material with the ENFD personnel and return all
necessary documentation to the ALS Non-Transport QA Committee within thirty [30]
calendar days.
c. In the event the Medical Director orders remediation, the QA member shall be present
understanding that confidential medical information will be discussed. If a significant
issue is identified by the QA Committee, the EMT or Paramedic may be immediately
prohibited from providing patient care until all processes are completed,
6. TRAINING
a. ENFD will appoint a Medical Director approved "EMS Training person(s)" to work
as an adjunct for the Collier County EMS Training Center so to instruct ENFD
personnel in pre-hospital medicine and protocol.
b, The ENFD Training person(s) is qualified to instruct ENFD firefighter paramedics or
EMTs Medical Director approved in-services, certifications, classes, etc.
c. Any curriculum taught by the ENFD EMS Training person(s) must be submitted with
a complete student roster to the Medical Director in order to qualify for County
accreditation. In addition, the EMS Training person(s) will be granted privileges to
EMS 2000 to accurately record continuing education hours of any personnel
completing their training.
d. ENFD will provide to the State Fire College appropriate approved training
documentation for recognized State approved fire classes.
07-EMS'{)0081/2
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I :f
INTERLOCAL AGREEMENT
ADVANCED LIFE SUPPORT P ARTNERSIDP
BETWEEN COLLIER COUNTY AND NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT
THIS INTERLOCAL AGREEMENT, made and entered into this _ day of 2007, by and
between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida,
(hereinafter called the "COUNTY") and the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT, an
Independent Special District of the County of Collier, State of Florida, created under Chapter 61-2032, Laws of
Florida, and its successors, (hereinafter "NORTH NAPLES").
PURPOSE
The purpose of this interlocal agreement is to provide quality and cost effective fire rescue and emergency medical
services to the residents of the North Naples district and Collier County. The recognition and utilization of existing
and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public
we serve.
WITNESSETH
, WHEREAS, NORTH NAPLES and COUNTY seek to enhance emergency service further through a continued
partnership; and
WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for an NORTH NAPLES
FirefighterlParamedic andlor Firefighter/Emergency Medical Technician, (hereinafter "EMT"), to work and train on
a COUNTY Advanced Life Support Transport Unit providing firefighter / paramedic duties andlor basic life support
EMT duties; and
WHEREAS, The ALS partnership provides for a COUNTY ParamediclFirefighter to work and train on an NORTH
NAPLES Fire-Rescue unit providing firefighting and paramedic duties; and
WHEREAS, NORTH NAPLES and COUNTY work cooperatively to assure appropriate response of sufficient
emergency medical resources,
NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions
contained herein, the COUNTY and NORTH NAPLES agree as follows:
SECTION I: DEFINITIONS
1.3
1.4
1.5
1.0
ALS means treatment of life-threatening medical emergencies through the use of techniques such as
endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring,
and cardiac defibrillation by a qualified person, pursuant to rules of the COUNTY Medical Director
BLS means treatment of medical emergencies by a qualified person through the use of techniques such as
patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging,
administration of oxygen, and other techniques which have been approved and are performed under
conditions specified by rules of the COUNTY Medical Director.
FTO means to a Field Training Officer; a certified paramedic recognized by the Medical Director as
having sufficient skill and experience to train and direct medical providers in working under the approved
medical protocols.
QAl!H means to Quality Assurance/ Quality Improvement which is the Medical Director approved
program which assesses and monitors the medical performance of Paramedics and Emergency Medical
Technicians.
PCR means to the Patient Care Record which chronicles the medical treatment of the patient.
MOU means to a Memorandum of Understanding between agencies.
l.l
1.2
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1.6 Licensed means a non-transporting ALS fire apparatus and rapid response vehicle operating under the ALS
license issued to COUNTY Emergency Medical Services Department (hereinafter "EMS") for the purpose
of enhancing 911 medical responses.
1.7 Non-licensed refers to any response vehicle that is not required by State Statute to be licensed, but is
authorized by the Medical Director.
SECTION II: COUNTY'S RESPONSffiILITY
The following specific services, duties, and responsibilities will be the obligation of the COUNTY:
2.0 The COUNTY will provide through the County's Emergency Medical Services (EMS) Department;
medical direction, medical protocols, training and quality assurance on a countywide basis.
2.1 The COUNTY will maintain at least one (I) ALS transport unit staffed by NORTH NAPLES and the
COUNTY under the Board of Commissioner's authority pursuant to the current Chapter 401. Fla. Stat. and
Subtitle 64E-2, Fla. Admin. Code) at NORTH NAPLES Station 44 as a frrst-due apparatus on all medical,
rescue and fire incidents.
2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat. and
Subtitle 64E-2, Fla. Admin. Code, will license a total of seven (7), NORTH NAPLES fire apparatus or
response vehicles as non-transporting ALS vehicle(s) under the COUNTY EMS license for the purpose of
enhancing 911 medical responses.
2.3 The COUNTY will provide the initial ALS equipment and medical supplies to all County recognized
licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response vehicles, staffed 365
days per year, 24 hours per day including those stationed at the following locations:
1. Engine (Ladder) 40, 1441 Pine Ridge Road, Naples
2. Engine 42, 7010 Immokalee Road, Naples
3. Engine (Ladder) 43, 16325 Vanderbilt Drive, Bonita Springs
4. Engine (Tower) 44, 8970 Hammock Oak Drive, Naples
5. Engine 45, 1885 Veterans Park Drive, Naples
6. Engine 46, 3410 Pine Ridge Road, Naples
7. Engine 47,2795 North Airport-Pulling Road, Naples
2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as identified in
2.3 and mutually agreed upon, under the COUNTY EMS license during the term of this Interlocal
Agreement.
2.5 The COUNTY EMS Department will provide one (I) Paramedic/Firefighter to NORTH NAPLES 365 days
per year, 24 hours per day to be utilized on fire apparatus vehicle(s) located at NORTH NAPLES Station
44 and licensed as an ALS nontransporting unit under the Board of County Commissioner's authority
pursuant to Chapter 40 I, Fla. Stat. and Subtitle 64E-2, Fla, Admin. Code.
2.6 As pursuant to Chapter 401, Fla. Stat. and Subtitled 64E-2, Fla. Admin. Code, NORTH NAPLES may
operate any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder when a
paramedic does not staff the vehicle.
SECTION III: NORTH NAPLES' RESPONSffiILITY
The following specific services, duties, and responsibilities will be the obligation of NORTH NAPLES:
3.0 NORTH NAPLES will provide through NORTH NAPLES' Fire Rescue Department; Incident Command,
incident safety direction, fire rescue standard operating guidelines and training on a regional basis.
3.1 NORTH NAPLES will maintain seven (7) ALS apparatus, licensed and equipped by the COUNTY, at
locations referenced in Section 2,3. These unit(s) will be designated within the County Sherriffs Office
Computer Aided Dispatch (CAD) program to automatically respond to medical incidents with, or in place
of, an ALS transport unit committed to a previous medical, rescue or fire operation in accordance with the
COUNTY's Emergency Medical Dispatch protocol as an emergency medical response and/or fire
suppression vehicle.
3.2 NORTH NAPLES will comply with medical protocol, and will participate in medical training and quality
assurance programs in accord with the COUNTY.
1 0 I ~.
3.3 NORTH NAPLES will provide one (I) Firefighter/Paramedic or Firefighter/EMT to the COUNTY 365
days per year, 24 hours per day to be utilized on the ALS transport unit assigned to COUNTY Station 44,
3.4 NORTH NAPLES may provide at least one (1) MOU Training Coordinator, approved by the medical
director, to function as a Field Training Officer (FTO) / Supervisor for NORTH NAPLES Paramedic and
EMT training.
3.5 NORTH NAPLES will designate a representative to the COUNTY a Medical Director approved Quality
Assurance member to participate on the ALS Non-Transport Quality Assurance Committee.
3.6 NORTH NAPLES may provide additional non-licensed ALS vehicles when paramedic staffing permits,
3.7 NORTH NAPLES may provide additional medical equipment and advanced service with the approval of
the COUNTY.
3.8 NORTH NAPLES shall be responsible forreplacing expendable medical supplies and for the cost of repair
and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles.
SECTION IV: MUTUAL CONVENANTS
4.0 The COUNTY in coordination with NORTH NAPLES will be responsible for verifying that NORTH
NAPLES FirefighterlParamedics and/or FirefighterlEMTS meet all requirements for State licensure and
recertification as Florida Certified Paramedics and/or EMTs. NORTH NAPLES in coordination with the
County will be responsible for verifying that the COUNTY ParamediclFirefighters meet all requirements
for licensure and recertification as required by law (e,g., Florida Statutes, Florida Administrative Code, and
rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training.)
4,1 The COUNTY and NORTH NAPLES will provide each other's department employees similar training and
internship programs as would be provided for a COUNTY or NORTH NAPLES employed
FirefighterlParamedic or FirefighterlEMT.
4.2 Necessary qualifications for both NORTH NAPLES and COUNTY firefighter/paramedics will be
cooperatively developed and defmed within the Collier County Fire Chiefs' Association (CCFCA)
Firefighter Cross Training Program, and Collier County Medical Director's Paramedic
Qualification/Certification Matrix.
4.3 The COUNTY and NORTH NAPLES will work cooperatively to identify and request appropriate grants in
order to improve the operations and service capabilities of both departments,
4.4 The operational decision to change the location of either apparatus assignment identified in sections 2.1 or
3.3 may be changed by mutual written consent between the Chief of the North Naples Fire Rescue and
COUNTY's County Manager or his designee (e.g. Chief of EMS),
SECTION V: OPERATING PROCEDURES
5.0 NORTH NAPLES FirefighterlParamedics and Firefighter/EMTs will meet the same requirements and
perform at the appropriate medical protocol as defmed by the COUNTY EMS Medical Director, standard
operating procedures, quality assurance program, general orders and chain of command as employees of
the COUNTY EMS Department.
5.1 NORTH NAPLES FirefighterlParamedics shall be certified to perform as ALS Engine Paramedics under
current medical protocol. The COUNTY EMS Medical Director shall regularly evaluate the skills of
NORTH NAPLES Paramedics for consideration of expanding the medical protocol under which they
perform.
5,2 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and perform
under the same Fire specialized response protocols, standard operating procedures and chain of command
as employees of NORTH NAPLES.
5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent between
the Chief of the North Naples Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of
EMS), Such revisions must not conflict with the terms and standards set forth in this Agreement.
5,4 Licensed and non-licensed ALS vehicles, programs personnel or details may be developed and
implemented by joint agreement and in cooperation between NORTH NAPLES and COUNTY. Such
resources may not conflict with the standards set forth in this agreement.
101
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5.5 NORTH NAPLES and COUNTY EMS Department will recognize the respective ranks and abilities of
assigned personneL
5.6 All discipline and investigations leading to discipline will be handled by the respective employing agency.
5,7 NORTH NAPLES and COUNTY will utilize Command Staff and assets for logistical, support, and
operational needs for national, state and local emergencies.
5.8 The State of Florida recognized Incident Management System (IMS) is the standard for emergency
operations. NORTH NAPLES shall assume command and control of all incidents where NORTH
NAPLES is the Authority Having Jurisdiction. In all instances where NORTH NAPLES has established
command, COUNTY EMS shall assume responsibility for, and be in charge of, patient care.
5.9 The COUNTY and NORTH NAPLES will jointly develop medical recordkeeping procedures and share
statistical data.
SECTION VI: RESOLUTION OF CONFLICTS
6,0 If the two governing entities standard operating procedures, chain of command or any other unforeseen
circumstances come into conflict, issues will immediately be decided in the following manner;
1. First and foremost by the medical needs of the patient and responder safety
2, The COUNTY will have jurisdiction of medical issues concerning appropriate patient care.
3. NORTH NAPLES will have jurisdiction of fire/rescue issues concerning operations and
safety.
4. Conflicts involving patient care issues will be resolved through a QAlQI process.
5. Should conflicts arise that are unresolvable, the chain of command within each department
will come together in an attempt to resolve those issues at the equivalent levels of each
department and in umson move up the chain of command as necessary.
SECTION VII: AGREEMENT TERM
7.0 This Interlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life Support
Engine Partnership, between the NORTH NAPLES and COUNTY, dated April 26, 2005,
7.1 The Interlocal Agreement shall remain in full force and effect from the date first above written and shall
terminate after written notice of termination.
7.2 This Interlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years. Absent
termination or amendment to this Interlocal Agreement, the term of this Interlocal Agreement will
automatically renew in (3) three year periods, Nothing within this Agreement shall preclude review and
amendment of any provision within the three (3) year period or successive renewal periods when such
amendment is mutually agreed to in writing by the COUNTY and NORTH NAPLES,
7.3 Either the COUNTY or NORTH NAPLES may terminate this Interlocal Agreement after providing written
notice of its intent to terminate at least ninety (90) days in advance of the date of termination.
7.4 In the event that the COUNTY's Medical Director determines that NORTH NAPLES's failure to fulfill
any of the obligations under this Agreement adversely affects or may adversely affect the medical needs of
the patient and/or responder safety, EMS may provide written notice to NORTH NAPLES of its intent to
recommend that the BCC terminate this Agreement. BCC consideration of termination of this Agreement
must occur at the next available regular meeting of the BCe. Advance notice of the BCC meeting date and
agenda item must be provided to the Medical Director and NORTH NAPLES . Unless otherwise
determined by the BCC at the meeting, the notice of intent to recommend that the BCC terminate this
Agreement shall be deemed to be fully sufficient and to have commenced the (90) ninety day notice period.
In the alternative, the Bee at the meeting may. after receiving information from the Medical Director and
NORTH NAPLES, terminate this Agreement without further action or notice to NORTH NAPLES .
Nothing in this Agreement shall limit the authority of the Medical Director as set forth in the Florida
Statutes and the Florida Administrative Code.
7.5 The terminating party must also provide the non-terminating party's representatives with an opportunity to
consult with the terminating party's representatives regarding the reason(s) for termination during the
notice periods provided in Section VII of this Agreement.
101
SECTION VIII: INSURANCE
8.0 NORTH NAPLES and COUNTY shall maintain insurance in the minimum amounts and types required by
Florida State Statutes,
8.1 NORTH NAPLES and COUNTY agree that either party may be self-insured on the condition that all self-
insurance must comply with all State laws and regulations and must meet with the approval of the other
party to this Interlocal Agreement.
8.2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section
768.28 NORTH NAPLES and COUNTY agree to hold harmless the other, their employees and agents
against any and all claims and/or damages by or behalf of any person, employee or legal entity arising from
their respective negligent acts pursuant to this agreement that allows employees of the other to occupy and
ride in each other's vehicles, Nothing is intended to alter either party's immunity in tort or otherwise
impose liability on NORTH NAPLES or the COUNTY when it would not otherwise be responsible.
SECTION IX: MISCELLANEOUS
9.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the
event any litigation is instituted by way of construction or enforcement of the Interlocal Agreement, the
party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court
costs and other expenses, including reasonable Attorney's fees.
9.1 It is understood that this Interlocal Agreement must be executed by both parties prior to NORTH NAPLES
and COUNTY commencing with the work, services, duties and responsibilities described heretofore.
9.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments shall be filed with the
Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall
file said agreement as soon as practicable after approval and execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their
appropriate officials, as of the date first above written,
.,,' ~"
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
"' # 4:f -J/00/'7
Jim oletta., Chairman
O~': CL.uI ~~~I-' .0,(.
ft 1$ . h 'lIkln t
,PI~ ~k
Approval as to form and legal
Sufficiency:
NORTH NAPLES FIRE CONTROL AND RESCUE
DISTRICT
BY:
1. Christopher Lombardo, Chairman
1 0 , J"~
ATTACHMENT A
COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT AND
NORTH NAPLES FIRE AND RESCUE DEPARTMENT
ALS PARTNERSHIP OPERATIONS PLAN
REFERENCE:
ALS Program Interlocal Agreement, fYkut QJ ,J, 2007
PURPOSE: To provide quality and cost effective fire rescue and emergency medical
services to the residents of NORTH NAPLES (NNFD or NORTH NAPLES) and Collier County
(COUNTY). The recognition and utilization of existing and future personnel skills, qualifications
and resources is in the interest and benefit of both agencies and the public we serve.
1. QUALIFICATION REQUIREMENTS
a. COUNTY Paramedic/Firefighters utilized on designated fire apparatus must maintain
the following valid and current qualifications:
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
11, Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification;
111. Emergency Vehicle Operator Certification in accordance with F,A.C. Chapter
ME;
IV. Collier County Medical Director's Paramedic Certification/Qualification
Matrix Rescue Paramedic and;
v. Collier County Fire Chiefs' Association Firefighter Cross Training
Certification.
b, NNFD Firefighters utilized on the County Medic unit must maintain the following
valid and current qualifications:
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
ii. Florida Bureau of Emergency Medical services and Community Health
Resources EMT or Paramedic Certification;
lll. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
64E and;
1 01 ~
IV. Collier County Medical Director's Orientation, as referenced in the Collier
County Medical Director's Paramedic Certification/Qualification Matrix
c, At least one NNFD FirefighterlParamedic utilized on licensed NNFD ALS apparatus
or vehicle must maintain the following valid and current qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
ii. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification and;
111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
ME and;
IV. Collier County Medical Director's Paramedic Certification/Qualification
Matrix Engine Paramedic Certification or above.
d. NNFD Firefighter/Paramedics utilized in non-licensed apparatus or assignments must
maintain the following valid and current qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
11. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification and;
iii. Emergency Vehicle Operator Certification in accordance with F.A,C. Chapter
64E and;
IV. Collier County Medical Director's Paramedic Certification/Qualification
Matrix Engine Paramedic Certification or above.
2. SCHEDULING AND POSITION ASSIGNMENTS
a. The COUNTY and NNFD Chiefs or their designee, must approve all Exchange
Program participants.
b. The COUNTY Battalion Chief 80 and NNFD Battalion Chief 40 will consult openly
in order to assure continuity and efficiency.
c. The COUNTY will continuously provide NNFD with one [1] COUNTY
Paramedic/Firefighter as qualified within Section I,a for use on a designated ALS
apparatus or vehicle.
d. NNFD will continuously provide the COUNTY with one [1] NNFD Firefighter as
qualified within Section l,b. for use on the appropriate designated apparatus or
vehicle.
e. Exchange Program participants will participate in appropriate on-duty training,
station duties and unit assignments in accordance with assignment and rank.
101
f. It is recognized by COUNTY and NNFD that harmonious and productive
relationships between all personnel are necessary. Teamwork and cooperation is
encouraged and expected,
g. Applicable COUNTY and/or NORTH NAPLES policies, practices, procedures,
standard operating guidelines, general orders, protocols and/or applicable Bargaining
Unit Contract language will be observed.
3. COMMUNICATION AND DISPATCH
a. COUNTY and NNFD staff will assure all personnel operate on the appropriate radio
frequency, unit identifier dispatch and zone coverage protocol in accordance with
Computer Aided Dispatch (CAD) and the CCFCA Communications Manual.
Designated assignments are outlined as follows:
1. Medical Director approved Emergency Medical Dispatch (EMD) Models shall
be designed to assure the initial response of appropriate ALS licensed
apparatus.
11. COUNTY and NNFD chief officers will utilize available NNFD licensed
resources to assure ALS coverage is continuously maintained within NORTH
NAPLES,
111. COUNTY and NNFD chief officers will assure licensed and non-licensed
ALS assets will respond to out-of-district emergencies or coverage when
identified by CAD as the closest available ALS unit.
b. Applicable COUNTY and/or NORTH NAPLES policies, practices, procedures,
standard operating guidelines, general orders, protocols and/or applicable Bargaining
Unit Contract language will be observed.
4. DOCUMENTATION
a. The first arriving licensed and non-licensed ALS unit will document each patient
contact in a hand written Patient Care Report (PCR). The PCR must record any
notations from on-scene patient treatment, patient identifying data completed and
collected prior to transfer of patient care, AR number, Dispatch times, and crew
signatures with State paramedic or EMT license numbers. When ALS units arrive at
the same time, the PCR will be completed by the transporting unit. Shift PCRs are to
be collected in a secured envelope with completed coversheet and submitted to the
appropriate EMS representative.
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b. Before the end of shift, an accurate and complete EMS2000 report will be
electronically transmitted for each patient contact 100% of the time. All BLS/ ALS
procedures performed by the personnel assigned to the ALS response will be fully
documented. "CHART" format with documented "BSI" is required.
c, Prior to 0900hrs, or as call volume permits, Battalion 40 or designee must fax or
email a complete ALS Engine Staffing Report to Battalion 81's office. An updated
report will be provided to Battalion 81 prior to or at the end of shift to reflect staffing
changes during that tour. Battalion 81 will fax a complete EMS Staffing report to
Battalion 40's office.
5. QUALITY ASSURANCE
a. NNFD will appoint a Medical Director approved "Quality Assurance (QA) member
to participate on the ALS Non-Transport Quality Assurance Committee, and will be
granted privileges to enable them to review their department's EMS 2000 PCRs.
b. At the discretion of the Medical Director or designee, routine or informational QA
Review may be handled by the NNFD member. The QA Committee will provide the
member with appropriate documentation detailing the area of interest. The member
shall review and complete the material with the NNFD personnel and return all
necessary documentation to the ALS Non-Transport QA Committee within thirty [30]
calendar days.
c. In the event the Medical Director orders remediation, the QA member shall be present
understanding that confidential medical information will be discussed. If a significant
issue is identified by the QA Committee, the EMT or Paramedic may be immediately
prohibited from providing patient care until all processes are completed.
6. TRAINING
a. NNFD will appoint a Medical Director approved "EMS Training person(s)" to work
as an adjunct for the Collier County EMS Training Center so to instruct NNFD
personnel in pre-hospital medicine and protocol.
b. The NNFD Training person(s) is qualified to instruct NNFD firefighter paramedics or
EMTs Medical Director approved in-services, certifications, classes, etc.
c. Any curriculum taught by the NNFD EMS Training person(s) must be submitted with
a complete student roster to the Medical Director in order to qualify for County
accreditation. In addition, the EMS Training person(s) will be granted privileges to
EMS 2000 to accurately record continuing education hours of any personnel
completing their training.
d. NNFD will provide to the State Fire College appropriate approved training
documentation for recognized State approved fire classes.
07-EMS-00079/2
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10,1
INTERLOCAL AGREEMENT
ADVANCED LIFE SUPPORT PARTNERSHIP
BETWEEN COLLIER COUNTY AND CITY OF MARCO ISLAND
THIS INTERLOCAL AGREEMENT, made and entered into this _ day of 2007, by
and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the
State of Florida, (hereinafter called the "COUNTY") and the CITY OF MARCO ISLAND, "hereinafter
called the "CITY"),
PURPOSE
The purpose of this intedocal agreement is to provide quality and cost effective fire rescue and emergency
medical services to the residents of the City of Marco Island and Collier COWlty. The recognitiou and
utilization of existing and future personnel skills, qualifications aud resources is in the interest and benefit
of both agencies and the public we serve.
WITNESSETH
WHEREAS, the CITY and COUNTY seek to enhance emergency service further through a continued
partnership; and
WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for a CITY
Firefighter/Paramedic and/or Firefighter/Emergency Medical Technician, (hereinafter "EMT"), to work and
train on a COUNTY Advanced Life Support Transport Unit providing firefighter / paramedic duties and/or
basic life support EMT duties; and
WHEREAS, The ALS partnership provides for a COUNTY ParamediclFirefighter to work and train on a
CITY Fire-Rescue unit providing firefighting and paramedic duties; and
WHEREAS, the CITY and COUNTY work cooperatively to assure appropriate response of sufficient
emergency medical resources,
NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and
provisions contained herein, the COUNTY and the CITY agree as follows:
SECTION I: DEFINITIONS
1.0 ALS means treatment of life-threatening medical emergencies through the use of techniques such
as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac
monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the COUNTY
Medical Director.
1.1 BLS means treatment of medical emergencies by a qualified person through the use of techniques
such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance,
bandaging, administration of oxygen, and other techniques which have been approved and are
performed under conditions specified by rules of the COUNTY Medical Director.
1.2 FTO means a Field Training Officer; a certified paramedic recognized by the Medical Director as
having sufficient skill and experience to train and direct medical providers in working under the
approved medical protocols.
1.3 QAlQ!. means Quality Assurance / Quality Improvement which is the Medical Director approved
program which assesses and monitors the medical performance of Paramedics and Emergency
Medical Technicians.
1.4 PCR means the Patient Care Record which chronicles the medical treatment of the patient
1.5 MOU means a Memorandum of Understanding between agencies.
1
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1.6 Licensed means a non-transporting ALS fire apparatus and rapid response vehicle operating under
the ALS license issued to COUNTY Emergency Medical Services Department (hereinafter
"EMS") for the purpose of enhancing 911 medical responses,
1.7 Non-licensed means to any response vehicle that is not required by State Statute to be licensed,
but is authorized by the Medical Director.
SECTION II: COUNTY'S RESPONSffiILITY
The following specific services, duties, and responsibilities will be the obligation of the COUNTY:
2.0 The COUNTY will provide through the County's EMS; medical direction, medical protocols,
training and quality assurance on a countywide basis.
2.1 The COUNTY will maintain at least one (I) ALS transport unit staffed by the CITY and the
COUNTY under the Board of Commissioner's (hereinafter "BCC") authority pursuant to the
current Chapter 401. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code) at Marco Island Station 50
as a first-due apparatus on all medical, rescue and fire incidents.
2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat.
and Subtitle 64E-2, Fla. Admin. Code, will license a total of three (3), CITY tire apparatus or
response vehicles as non-transporting ALS vehicle(s) under the COUNTY EMS license for the
purpose of enhancing 911 medical responses,
2.3 The COUNTY will provide the initial ALS equipment and medical supplies to all County
recognized licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response
vehicles, staffed 365 days per year, 24 hours per day including those stationed at the following
locations:
1. Engine 50, 1280 San Marco Road, Marco Island
2, Tower 50, 1280 San Marco Road, Marco Island
2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as
identified in 2.3 and mutually agreed upon, under the COUNTY EMS license during tbe term of
this Interlocal Agreement.
2.5 The COUNTY EMS Department will provide one (I) ParamediclFirefIghter to the CITY 365 days
per year, 24 hours per day to be utilized on fire apparatus vehicle(s) licensed as an ALS
nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter
40 I, Fla. Stat. and Subtitle 64E-2, Fla, Admin, Code,
2.6 As pursuant to Chapter 401, Fla. Stat, and Subtitled 64E-2, Fla. Admin, Code, the City may
operate any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder
when a paramedic does not staff the vehicle,
SECTION III: CITY'S RESPONSffiILITY
The following specific services, duties, and responsibilities will be the obligation of the CITY:
3,0 The CITY will provide through the City's Fire Rescue Department; Incident Command, incident
safety direction, fire rescue standard operating guidelines and training on a regional basis.
3, I The CITY will maintain two (2) ALS apparatus, licensed and equipped by the COUNTY, at
locations referenced in Section 2.3. These unit(s) will be designated within the County Sherriffs
Office Computer Aided Dispatch (CAD) program to automatically respond to medical incidents
with, or in place of, an ALS transport unit committed to a previous medical, rescue or fire
operation in accordance with the COUNTY's Emergency Medical Dispatch protocol as an
emergency medical response and/or tire suppression vehicle, The CITY will maintain one (1)
additional ALS Apparatus licensed by the COUNTY and equipped by the CITY, This unit will be
designated as a reserve ALS Apparatus to be only used when staffing allows.
3.2 The CITY will comply with medical protocol, and will participate in medical training and quality
assurance programs in accord with the COUNTY.
3.3 The CITY will provide one (1) Firefighter/Paramedic or FirefIghter/EMT to the COUNTY 365
days per year, 24 hours per day to be utilized on the ALS transport unit assigned to Station 50.
3.4 The CITY may provide at least one (I) MOU Training Coordinator, approved by the medical
director, to function as a Field Training Officer (FTO) / Supervisor for CITY Paramedic and EMT
training.
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3.5 The CITY will designate a representative to the COUNTY a Medical Director approved Quality
Assurance member to participate on the ALS Non-Transport Quality Assurance Committee,
3,6 The CITY may provide additional non-licensed ALS vehicles when paramedic staffmg allows,
3.7 The CITY may provide additional medical equipment and advanced service with the approval of
the COUNTY,
3.8 The CITY shall be responsible for replacing expendable medical supplies and for the cost of repair
and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles.
SECTION IV: MUTUAL CONVENANTS
4.0 The COUNTY in coordination with the CITY will be responsible for verifying that CITY
Firefighter/Paramedics and/or Firefighter/EMTS meet all requirements for State licensure and
recertification as Florida Certified Paramedics and/or EMTs. The CITY in coordination with the
County will be responsible for verifying that the COUNTY Paramedic/Firefighters meet all
requirements for licensure and recertification as required by law (e,g., Florida Statutes, Florida
Administrative Code, and rules and regulations of the Division of State Fire Marshall's Bureau of
Fire Standards and Training.)
4.1 The COUNTY and the CITY will provide each other's department employees similar training and
internship programs as would be provided for a COUNTY or CITY employed
Firefighter/Paramedic or Firefighter/EMT,
4.2 Necessary qualifications for both CITY and COUNTY firetlghter/paramedics will be
cooperatively developed and defmed within the Collier County Fire Chiefs' Association (CCFCA)
Firefighter Cross Training Program, and Collier County Medical Director's Paramedic
Qualification/Certification Matrix.
4,3 The COUNTY and CITY will work cooperatively to identify and request appropriate grants in
order to improve the operations and service capabilities of both departments,
4.4 The operational decision to change the location of either apparatus assignment identified in
sections 2.1 or 3.3 may be changed by mutual written consent between the Chief of the CITY's
Fire Rescue and COUNTY's County Manager or his designee (e.g, Chief of EMS).
SECTION V: OPERATING PROCEDURES
5.0 The CITY Firefighter/Paramedics and Firefighter/EMTs will meet the same requirements and
perform at the appropriate medical protocol as defmed by the COUNTY EMS Medical Director,
standard operating procedures, quality assurance program, general orders and chain of command
as employees of the COUNTY EMS Department.
5.1 The CITY Firefighter/Paramedics shall be certified to perform as ALS Engine Paramedics under
current medical protocol. The COUNTY EMS Medical Director shall regularly evaluate the skills
of the CITY Paramedics for consideration of expanding the medical protocol under which they
perform.
5.2 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and
perform under the same Fire specialized response protocols, standard operating procedures and
chain of command as employees of the CITY.
5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent
between the Chief of the CITY's Fire Rescue and COUNTY's County Manager or his designee
(e.g. Chief of EMS), Such revisions must not conflict with the terms and standards set forth in this
Agreement.
5.4 Licensed and non-licensed ALS vehicles, programs, personnel or details may be developed and
implemented by joint agreement and in cooperation between the CITY and COUNTY. Such
resources may not conflict with the standards set forth in this agreement.
5.5 The CITY and COUNTY EMS Department will recognize and abide by the respective ranks and
abilities of assigned personnel.
5.6 All discipline and investigations leading to discipline will be handled by the respective employing
agency,
5.7 The CITY and COUNTY will utilize Command Staff and assets for logistical, support, and
operational needs for national, state and local emergencies.
5.8 The State of Florida recognized Incident Management System (lMS) is the standard for
emergency operations. The CITY shall assume command and control of all incidents where the
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CITY is the Authority Having Jurisdiction. In all instances where the CITY has established
command, COUNTY EMS shall assume responsibility for, and be in charge of, patient care.
5,9 The COUNTY and CITY will jointly develop medical recordkeeping procedures and share
statistical data.
SECTION VI: RESOLUTION OF CONFLICTS
6.0 If the two governing entities standard operating procedures, chain of command or any other
unforeseen circumstances come into conflict issues will immediately be decided in the following
manner;
I. First and foremost by the medical needs of the patient and responder safety
2. The COUNTY will have jurisdiction of medical issues concerning appropriate
patient care.
3. The CITY will have jurisdiction of fire/rescue issues concerning operations and
safety,
4. Conflicts involving patient care issues will be resolved through a QAlQI process,
5. Should conflicts arise that are wrresolvable, the chain of command within each
department will come together in an attempt to resolve those issues at the equivalent
levels of each department and in unison move up the cbain of command as
necessary.
SECTION VII: AGREEMENT TERM
7,0 This Interlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life
Support Engine Partnership, between the CITY and COUNTY, dated July 3 I, 200 I,
7,1 The Interlocal Agreement shall remain in full force and effect from the date first above written and
shall terminate after written notice of termination.
7.2 This Interlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years.
Absent termination or amendment to this Interlocal Agreement, the term of this Interlocal
Agreement will automatically renew in (3) three year periods. Nothing within this Agreement
shall preclude review and amendment of any provision within the three (3) year period or
successive renewal periods when such amendment is mutually agreed to in writing by the
COUNTY and CITY.
7,3 Either the COUNTY or the CITY may terminate this Interlocal Agreement after providing written
notice ofits intent to terminate at least ninety (90) days in advance of the date of termination.
7.4 In the event that the COUNTY's Medical Director determines that the CITY's failure to fulfill any
of the obligations under this Agreement adversely affects or may adversely affect the medical
needs of the patient and/or responder safety, EMS may provide written notice to CITY of its intent
to recommend that the BCC terminate this Agreement. BCC consideration of termination of this
Agreement must occur at the next available regular meeting of the BCC. Advance notice of the
BCC meeting date and agenda item must be provided to the Medical Director and CITY. Unless
otherwise determined by the BCC at the meeting, the notice of intent to recommend that the BCC
terminate this Agreement shall be deemed to be fully sufficient and to have commenced the (90)
ninety day notice period. In the alternative, the BCC at the meeting may, after receiving
information from the Medical Director and CITY, terminate this Agreement without further action
or notice to the CITY. Nothing in this Agreement shall limit the authority of the Medical Director
as set forth in the Florida Statutes and the Florida Administrative Code,
7.5 The terminating party must also provide the non-terminating party's representatives with an
opportunity to consult with the terminating party's representatives regarding the reason(s) for
termination during the notice periods provided in Section VII of this Agreement.
SECTION VIII: INSURANCE
8.0 The CITY and COUNTY shall maintain insurance in the minimum amounts and types required by
Florida State Statutes.
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8.! The CITY and COUNTY agree that either party may be self-insured on the condition that all self-
insurance must comply with all State laws and regulations and must meet with the approval of the
other party to this !nterlocal Agreement.
8,2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida
Statutes, Section 768.28 CITY and COUNTY agree to hold harmless the other, their employees
and agents against any and all claims and/or damages by or behalf of any person, employee or
legal entity arising from their respective negligent acts pursuant to this !nterlocal Agreement that
allows employees of the other to occupy and ride in each other's vehicles. Nothing is intended to
alter either party's immunity in tort or otherwise impose liability on CITY or the COUNTY when
it would not otherwise be responsible.
SECTION IX: MISCELLANEOUS
9.0 This !nterlocal Agreement shall be governed by and construed under the laws of the State of
Florida. In the event any litigation is instituted by way of construction or enforcement of this
Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover
from the non-prevailing party all court costs and other expenses, including reasonable Attorney's
fees.
9,! It is understood that this lnterlocal Agreement must be executed by both parties prior to the CITY
and COUNTY commencing with the work, services, duties and responsibilities described
heretofore.
9.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments to this
Agreement (including amendments to the ALS Partnership Operations Plan, Attachment A), shall
be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163,01
(II). The COUNTY shall file this Interlocal Agreement as soon as practicable after approval and
execution by both parties.
IN WlTNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their
appropriate officials, as of the date fIrst above written.
ATTEST:
Dwight .~,J3r9sk, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
b~~to~YO('
.,t91'ltilrt, on
Approval as to form and legal
SuffIciency: '
By:
ATTEST
Laura Litzan, Clerk
MARCO ISLAND CITY COUNCIL
BY:
Terri Oi Sciullo, Chairwoman
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ATTACHMENT A
COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT
AND MARCO ISLAND FIRE AND RESCUE DEPARTMENT
ALS PARTNERSHIP OPERATIONS PLAN
REFERENCE:
ALS Program Interlocal Agreement, fY'la.>j ~loo7
PURPOSE: To provide quality and cost effective fire rescue and emergency
medical services to the residents of the City of Marco Island (MIFD) and Collier County
(COUNTY). The recognition and utilization of existing and future personnel skills,
qualifications and resources is in the interest and benefit of both agencies and the public
we serve.
I. QUALIFICATION REQUIREMENTS
a. COUNTY ParamediclFirefighters utilized on designated fire apparatus must
maintain the following valid and current qualifications:
1. Florida Bureau of Fire Standards and Training Certificate of
Compliance for Minimum Standards (Firefighter II);
H. Florida Bureau of Emergency Medical services and Community
Health Resources Paramedic Certification;
HI. Emergency Vehicle Operator Certification in accordance with F.A.C.
Chapter 64E;
IV. Collier County Medical Director's Paramedic
Certification/Qualification Matrix Rescue Paramedic and;
v, Collier County Fire Chiefs' Association Firefighter Cross Training
Certification.
b. MIFD Firefighters utilized on the County Medic unit must maintain the
following valid and current qualifications:
1. Florida Bureau of Fire Standards and Training Certificate of
Compliance for Minimum Standards (Firefighter II);
H. Florida Bureau of Emergency Medical services and Community
Health Resources EMT or Paramedic Certification;
iii. Emergency Vehicle Operator Certification in accordance with F.A.C.
Chapter 64E and;
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IV. Collier County Medical Director's Orientation, as referenced in the
Collier County Medical Director's Paramedic
Certification/Qualification Matrix
c. At least one MIFD Firefighter/Paramedic utilized on licensed MIFD ALS
apparatus or vehicle must maintain the following valid and current
qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of
Compliance for Minimum Standards (Firefighter II);
n. Florida Bureau of Emergency Medical services and Community
Health Resources Paramedic Certification and;
lll. Emergency Vehicle Operator Certification in accordance with F.A.C.
Chapter 64E and;
IV. Collier County Medical Director's Paramedic
Certification/Qualification Matrix Engine Paramedic Certification or
above,
d. MIFD Firefighter/Paramedics utilized in non-licensed apparatus or
assignments must maintain the following valid and current qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of
Compliance for Minimum Standards (Firefighter II);
n. Florida Bureau of Emergency Medical services and Community
Health Resources Paramedic Certification and;
111. Emergency Vehicle Operator Certification in accordance with F.A.C.
Chapter 64E and;
IV. Collier County Medical Director's Paramedic
Certification/Qualification Matrix Engine Paramedic Certification or
above.
2. SCHEDULING AND POSITION ASSIGNMENTS
a. The COUNTY and MIFD Chiefs or their designee, must approve all
Exchange Program participants.
b. The COUNTY Battalion Chief 80 and MIFD Division Chief 50 will consult
openly in order to assure continuity and efficiency,
c. The COUNTY will continuously provide MIFD with one [IJ COUNTY
Paramedic/Firefighter as qualified within Section I, a for use on a designated
ALS apparatus or vehicle.
d. MIFD will continuously provide the COUNTY with one [IJ MlFD Firefighter
as qualified within Section 1. b. for use on the appropriate designated
apparatus or vehicle.
e. Exchange Program participants will participate in appropriate on-duty
training, station duties and unit assignments in accordance with assignment
and rank.
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f. It is recognized by COUNTY and MIPD that harmonious and productive
relationships between all personnel are necessary. Teamwork and cooperation
is encouraged and expected.
g. Applicable COUNTY and/or CITY policies, practices, procedures, standard
operating guidelines, general orders, protocols and/or applicable Bargaining
Unit Contract language will be observed.
3. COMMUNICATION AND DISPATCH
a. COUNTY and MIPD staff will assure all personnel operate on the
appropriate radio frequency, unit identifier dispatch and zone coverage
protocol in accordance with Computer Aided Dispatch (CAD) and the
CCPCA Communications Manual. Designated assignments are outlined as
follows:
1. Medical Director approved Emergency Medical Dispatch (EMD)
Models shall be designed to assure the initial response of
appropriate ALS licensed apparatus.
11. COUNTY and Marco Island Pire Department (hereinafter
"MlPD") chief officers will utilize available MlPD licensed
resources to assure ALS coverage is continuously maintained
within the City of Marco Island.
111. COUNTY and MlPD chief officers will assure licensed and non-
licensed ALS assets will respond to out-of-district emergencies or
coverage when identified by CAD as the closest available ALS
unit.
b, Applicable COUNTY and/or CITY policies, practices, procedures,
standard operating guidelines, general orders, protocols and/or applicable
Bargaining Unit Contract language will be observed.
4. DOCUMENTATION
a. The first arriving licensed and non-licensed ALS unit will document each
patient contact in a hand written Patient Care Report (PCR). The PCR must
record any notations from on-scene patient treatment, patient identifying data
completed and collected prior to transfer of patient care, AR number, Dispatch
times, and crew signatures with State paramedic or EMT license numbers.
When ALS units arrive at the same time, the PCR will be completed by the
transporting unit. Shift PCRs are to be collected in a secured envelope with
completed coversheet and submitted to the appropriate EMS representative.
b. Before the end of shift, an accurate and complete EMS2000 report will be
electronically transmitted for each patient contact 100% of the time. All
BLS/ALS procedures performed by the personnel assigned to the ALS
response will be fully documented, "CHART" format with documented "BSI"
is required.
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c. Prior to 0900hrs, or as call volume permits, Battalion 50 or designee must fax
or email a complete ALS Engine Staffing Report to Battalion 81's office, An
updated report will be provided to Battalion 81 prior to or at the end of shift to
reflect staffing changes during that tour. Battalion 81 will fax a complete
EMS Staffing report to Battalion 50's office.
5. QUALITY ASSURANCE
a. MIFD will appoint a Medical Director approved "Quality Assurance (QA)
member to participate on the ALS Non-Transport Quality Assurance
Committee, and will be granted privileges to enable them to review their
department's EMS 2000 PCRs.
b. At the discretion of the Medical Director or designee, routine or informational
QA Review may be handled by the MIFD member, The QA Committee will
provide the member with appropriate documentation detailing the area of
interest. The member shall review and complete the material with the MIFD
personnel and return all necessary documentation to the ALS Non-Transport
QA Committee within thirty [30] calendar days.
c'. In the event the Medical Director orders remediation, the QA member shall be
present understanding that confidential medical information will be discussed.
If a significant issue is identified by the QA Committee, the EMT or
Paramedic may be immediately prohibited from providing patient care until
all processes are completed.
6. TRAINING
a. MIFD will appoint a Medical Director approved "EMS Training person(s)" to
work as an adjunct for the Collier County EMS Training Center so to instruct
MIFD personnel in pre-hospital medicine and protocol.
b. The MIFD Training person(s) is qualified to instruct MIFD firefighter
paramedics or EMTs Medical Director approved in-services, certifications,
classes, etc.
c. Any curriculum taught by the MIFD EMS Training person(s) must be
submitted with a complete student roster to the Medical Director in order to
qualify for County accreditation. In addition, the EMS Training person(s) will
be granted privileges to EMS 2000 to accurately record continuing education
hours of any personnel completing their training.
d, MIFD will provide to the State Fire College appropriate approved training
documentation for recognized State approved fire classes.
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MEMORANDUM
Date: June 13,2007
To: Les Williams, Administrative Captain
EMS
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement: Advanced Life Support
Partnership
Attached, please find one copy as referenced above, Agenda Item
#101, adopted by the Board of County Commissioners on Tuesday,
May 22,2007.
The Minutes and Records Department has kept the original document
for public record.
If you should have any questions, please contact me at 774-8411.
Thank you.
Attachments (1)
101
...... '..
INTERLOCAL AGREEMENT
ADVANCED LIFE SUPPORT PARTNERSHIP
BETWEEN COLLIER COUNTY AND CITY OF MARCO ISLAND
THIS INTERLOCAL AGREEMENT, made and entered into this ;}.:J. day of 2007, by
and between the Board of County Commissioners, Collier County, Florida, a political subdi ision of the
State of Florida, (hereinafter called the "COUNTY") and the CITY OF MARCO ISLA , "hereinafter
called the "CITY").
PURPOSE
The purpose of this interlocal agreement is to provide quality and cost effective fire rescue and emergency
medical services to the residents of the City of Marco Island and Collier County. The recognition and
utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit
of both agencies and the public we serve.
WITNESSETH
WHEREAS, the CITY and COUNTY seek to enhance emergency service further through a continued
partnership; and
WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for a CITY
Firefighter/Paramedic and/or Firefighter/Emergency Medical Technician, (hereinafter "EMT"), to work and
train on a COUNTY Advanced Life Support Transport Unit providing firefighter / paramedic duties and/or
basic life support EMT duties; and
WHEREAS, The ALS partnership provides for a COUNTY Paramedic/Firefighter to work and train on a
CITY Fire-Rescue unit providing firefighting and paramedic duties; and
WHEREAS, the CITY and COUNTY work cooperatively to assure appropriate response of sufficient
emergency medical resources,
NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and
provisions contained herein, the COUNTY and the CITY agree as follows:
SECTION I: DEFINITIONS
1.0 ALS means treatment oflife-threatening medical emergencies through the use of techniques such
as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac
monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the COUNTY
Medical Director.
1.1 BLS means treatment of medical emergencies by a qualified person through the use of techniques
such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance,
bandaging, administration of oxygen, and other techniques which have been approved and are
performed under conditions specified by rules of the COUNTY Medical Director.
1.2 FTO means a Field Training Officer; a certified paramedic recognized by the Medical Director as
having sufficient skill and experience to train and direct medical providers in working under the
approved medical protocols.
1.3 QAiQ! means Quality Assurance / Quality Improvement which is the Medical Director approved
program which assesses and monitors the medical performance of Paramedics and Emergency
Medical Technicians.
1.4 PCR means the Patient Care Record which chronicles the medical treatment of the patient
1.5 MOU means a Memorandum of Understanding between agencies.
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1.6 Licensed means a non-transporting ALS fire apparatus and rapid response vehicle operating under
the ALS license issued to COUNTY Emergency Medical Services Department (hereinafter
"EMS") for the purpose of enhancing 9 I I medical responses.
1.7 Non-licensed means to any response vehicle that is not required by State Statute to be licensed,
but is authorized by the Medical Director.
SECTION II: COUNTY'S RESPONSIBILITY
The following specific services, duties, and responsibilities will be the obligation ofthe COUNTY:
2.0 The COUNTY will provide through the County's EMS; medical direction, medical protocols,
training and quality assurance on a countywide basis.
2.1 The COUNTY will maintain at least one (1) ALS transport unit staffed by the CITY and the
COUNTY under the Board of Commissioner's (hereinafter "BCC") authority pursuant to the
current Chapter 401. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code) at Marco Island Station 50
as a first-clue apparatus on all medical, rescue and fire incidents.
2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat.
and Subtitle 64E-2, Fla. Admin. Code, will license a total of three (3), CITY fire apparatus or
response vehicles as non-transporting ALS vehicle(s) under the COUNTY EMS license for the
purpose of enhancing 91 I medical responses.
2.3 The COUNTY will provide the initial ALS equipment and medical supplies to all County
recognized licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response
vehicles, staffed 365 days per year, 24 hours per day includiug those stationed at the following
locations:
I. Engine 50, 1280 San Marco Road, Marco Island
2. Tower 50, 1280 San Marco Road, Marco Island
2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as
identified in 2.3 and mutually agreed upon, under the COUNTY EMS license during the term of
this Interlocal Agreement.
2.5 The COUNTY EMS Department will provide one (1) Paramedic/Firefighter to the CITY 365 days
per year, 24 hours per day to be utilized on fire apparatus vehicle(s) licensed as an ALS
nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter
401, Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code.
2.6 As pursuant to Chapter 401, Fla. Stat. and Subtitled 64E-2, Fla. Admin. Code, the City may
operate any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder
when a paramedic does not staffthe vehicle.
SECTION III: CITY'S RESPONSIBILITY
The following specific services, duties, and responsibilities will be the obligation of the CITY:
3.0 The CITY will provide through the City's Fire Rescue Department; Incident Command, incident
safety direction, fire rescue standard operating guidelines and training on a regional basis.
3.1 The CITY will maintain two (2) ALS apparatus, licensed and equipped by the COUNTY, at
locations referenced in Section 2.3. These unites) will be designated within the County Sherriffs
Office Computer Aided Dispatch (CAD) program to automatically respond to medical incidents
with, or in place of, an ALS transport unit committed to a previous medical, rescue or fire
operation in accordance with the COUNTY's Emergency Medical Dispatch protocol as an
emergeucy medical response and/or fire suppression vehicle. The CITY will maintaiu one (1)
additional ALS Apparatus licensed by the COUNTY and equipped by the CITY. This unit will be
designated as a reserve ALS Apparatus to be only used when staffing allows.
3.2 The CITY will comply with medical protocol, and will participate in medical training and quality
assurance programs in accord with the COUNTY.
3.3 The CITY will provide one (I) Firefighter/Paramedic or Firefighter/EMT to the COUNTY 365
days per year, 24 hours per day to be utilized on the ALS transport unit assigned to Station 50.
3.4 The CITY may provide at least one (I) MOU Training Coordinator, approved by the medical
director, to function as a Field Training Officer (FTO) / Supervisor for CITY Paramedic and EMT
training.
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3.5 The CITY will designate a representative to the COUNTY a Medical Director approved Quality
Assurance member to participate on the ALS Non-Transport Quality Assurance Committee.
3.6 The CITY may provide additional non-licensed ALS vehicles when paramedic staffing allows.
3.7 The CITY may provide additional medical equipment and advanced service with the approval of
the COUNTY.
3.8 The CITY shall be responsible for replacing expendable medical supplies and for the cost of repair
and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles.
SECTION IV: MUTUAL CONVENANTS
4.0 The COUNTY in coordination with the CITY will be responsible for verifying that CITY
Firefighter/Paramedics and/or Firefighter/EMTS meet all requirements for State licensure and
recertification as Florida Certified Paramedics and/or EMTs. The CITY in coordination with the
County will be responsible for verifying that the COUNTY Paramedic/Firefighters meet all
requirements for licensure and recertification as required by law (e.g., Florida Statutes, Florida
Administrative Code, and rules and regulations of the Division of State Fire Marshall's Bureau of
Fire Standards and Training.)
4.1 The COUNTY and the CITY will provide each other's department employees similar training and
internship programs as would be provided for a COUNTY or CITY employed
Firefighter/Paramedic or Firefighter/EMT.
4.2 Necessary qualifications for both CITY and COUNTY fIrefighter/paramedics will be
cooperatively developed and defined within the Collier County Fire Chiefs' Association (CCFCA)
Firefighter Cross Training Program, and Collier County Medical Director's Paramedic
Qualification/Certification Matrix.
4.3 The COUNTY and CITY will work cooperatively to identify and request appropriate grants in
order to improve the operations and service capabilities of both departments.
4.4 The operational decision to change the location of either apparatus assignment identified in
sections 2. I or 3.3 may be changed by mutual written consent between the Chief of the CITY's
Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of EMS).
SECTION V: OPERATING PROCEDURES
5.0 The CITY Firefighter/Paramedics and Firefighter/EMTs will meet the same requirements and
perform at the appropriate medical protocol as defined by the COUNTY EMS Medical Director,
standard operating procedures, quality assurance program, general orders and chain of command
as employees of the COUNTY EMS Department.
5.1 The CITY Firefighter/Paramedics shall be certified to perform as ALS Engine Paramedics under
current medical protocol. The COUNTY EMS Medical Director shall regularly evaluate the skills
of the CITY Paramedics for consideration of expanding the medical protocol under which they
perform.
5.2 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and
perform under the same Fire specialized response protocols, standard operating procedures and
chain of command as employees of the CITY.
5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent
between the Chief of the CITY's Fire Rescue and COUNTY's County Manager or his designee
(e.g. Chief of EMS). Such revisions must not conflict with the terms and standards set forth in this
Agreement.
5.4 Licensed and non-licensed ALS vehicles, programs, personnel or details may be developed and
implemented by joint agreement and in cooperation between the CITY and COUNTY. Such
resources may not conflict with the standards set forth in this agreement.
5.5 The CITY and COUNTY EMS Department will recognize and abide by the respective ranks and
abilities of assigned personnel.
5.6 All discipline and investigations leading to discipline will be handled by the respective employing
agency.
5.7 The CITY and COUNTY will utilize Command Staff and assets for logistical, support, and
operational needs for national, state and local emergencies.
5.8 The State of Florida recognized Incident Management System (IMS) is the standard for
emergency operations. The CITY shall assume command and control of all incidents where the
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CITY is the Authority Having Jurisdiction. In all instances where the CITY has established
command, COUNTY EMS shall assume responsibility for, and be in charge of, patient care.
5.9 The COUNTY and CITY will jointly develop medical recordkeepiug procedures and share
statistical data.
SECTION VI: RESOLUTION OF CONFLICTS
6.0 If the two governing entities standard operating procedures, chain of command or any other
unforeseen circumstances come into conflict issues will immediately be decided in the following
manner;
I. First and foremost by the medical needs of the patient and responder safety
2. The COUNTY will have jurisdiction of medical issues concerning appropriate
patient care.
3. The CITY will have jurisdiction of fire/rescue issues concerning operations and
safety.
4. Conflicts involviug patient care issues will be resolved through a QA/QI process.
5. Should conflicts arise that are unresolvable, the chain of command within each
department will come together in an attempt to resolve those issues at the equivalent
levels of each department and in unison move up the chain of command as
necessary.
SECTION VII: AGREEMENT TERM
7.0 This Interlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life
Support Engine Partnership, between the CITY and COUNTY, dated July 31, 2001.
7.1 The Interlocal Agreement shall remain in full force and effect from the date first above written and
shall terminate after written notice of termination.
7.2 This lnterlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years.
Absent termination or amendment to this Interlocal Agreement, the term of this Interlocal
Agreement will automatically renew in (3) three year periods. Nothing within this Agreement
shall preclude review and amendment of any provision within the three (3) year period or
successive renewal periods when such amendment is mutually agreed to in writing by the
COUNTY and CITY.
7.3 Either the COUNTY or the CITY may terminate this Interlocal Al,'feement after providing written
notice of its intent to terminate at least ninety (90) days in advance of the date of termination.
7.4 In the event that the COUNTY's Medical Director determines that the CITY's failure to fulfill any
of the obligations under this Agreement adversely affects or may adversely affect the medical
needs of the patient and/or responder safety, EMS may provide written notice to CITY of its intent
to recommend that the BCC terminate this Agreement. BCC consideration of termination of this
Agreement must occur at the next available regular meeting of the BCC. Advance uotice of the
BCC meeting date and agenda item must be provided to the Medical Director and CITY. Unless
otherwise determined by the BCC at the meeting, the notice of intent to recommend that the BCC
terminate this Agreement shall be deemed to be fully sufficient and to have commenced the (90)
ninety day notice period. In the alternative, the Bec at the meeting may, after receiving
information from the Medical Director and CITY, terminate this Agreement without further action
or notice to the CITY. Nothing in this Agreement shall limit the authority of the Medical Director
as set forth in the Florida Statutes and the Florida Administrative Code.
7.5 The terminating party must also provide the non-terminating party's representatives with an
opportunity to consult with the terminating party's representatives regarding the reason(s) for
termination during the notice periods provided in Section VII of this Agreement.
SECTION VlII: INSURANCE
8.0 The CITY and COUNTY shall maintain insurauce in the minimum amounts and types required by
Florida State Statutes.
4
10,
,
8.1 The CITY and COUNTY agree that either party may be self-insured on the condition that all seltC
insurance must comply with all State laws and regulations and must meet with the approval of the
other party to this Interlocal Agreement.
8.2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida
Statutes, Section 768.28 CITY and COUNTY agree to hold harmless the other, their employees
and agents against any and all claims and/or damages by or behalf of any person, employee or
legal entity arising from their respective negligent acts pursuant to this lnterlocal Agreement that
allows employees of the other to occupy and ride in each other's vehicles. Nothing is intended to
alter either party's immunity in tort or otherwise impose liability on CITY or the COUNTY when
it would not otherwise be responsible.
SECTION IX: MISCELLANEOUS
9.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of
Florida. In the event any litigation is instituted by way of construction or enforcement of this
lnterlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover
trom the non-prevailing party all court costs and other expenses, including reasonable Attorney's
fees.
9.1 It is understood that this lnterlocal Agreement must be executed by both parties prior to the CITY
and COUNTY commencing with the work, services, duties and responsibilities described
heretofore.
9.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments to this
Agreement (including amendments to the ALS Partnership Operations Plan, Attachment A), shall
be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01
(II). The COUNTY shall tile this Interlocal Agreement as soon as practicable after approval and
execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their
appropriate officials, as of the date first above written.
ATTEST:
Dwight E. !tr@c,k, Clerk
'~',~~'.. . ': >.:~' (J
. .
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
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(, esir._:;to ~lrun .
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By:
Approval as to form and legal
Sufficiency:
ATTEST
Laura Litzan, C
MARCO ISLAND CITY MANAGER
BycA-AJP4
A. William Moss, City Manager
5
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ATTACHMENT A
COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT
AND MARCO ISLAND FIRE AND RESCUE DEPARTMENT
ALS PARTNERSHIP OPERATIONS PLAN
REFERENCE;
ALS Program Interlocal Agreement, (YIfP.j ~'1007
PURPOSE: To provide quality and cost effective fire rescue and emergency
medical services to the residents of the City of Marco Island (MIFD) and Collier County
(COUNTY). The recognition and utilization of existing and future personnel skills,
qualifications and resources is in the interest and benefit of both agencies and the public
we serve.
1. QUALIFICATION REQUIREMENTS
a. COUNTY Paramedic/Firefighters utilized on designated fire apparatus must
maintain the following valid and current qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of
Compliance for Minimum Standards (Firefighter II);
Il. Florida Bureau of Emergency Medical services and Community
Health Resources Paramedic Certification;
Ill. Emergency Vehicle Operator Certification in accordance with F.A.C.
Chapter 64E;
IV. Collier County Medical Director's Paramedic
Certification/Qualification Matrix Rescue Paramedic and;
v. Collier County Fire Chiefs' Association Firefighter Cross Training
Certification.
b. MIFD Firefighters utilized on the County Medic unit must maintain the
following valid and current qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of
Compliance for Minimum Standards (Firefighter II);
Il. Florida Bureau of Emergency Medical services and Community
Health Resources EMT or Paramedic Certification;
iii. Emergency Vehicle Operator Certification in accordance with F.A.C.
Chapter ME and;
6
lC
tv. Collier County Medical Director's Orientation, as referenced in the
Collier County Medical Director's Paramedic
Certification/Qualification Matrix
c. At least one MIFD Firefighter/Paramedic utilized on licensed MIFD ALS
apparatus or vehicle must maintain the following valid and current
qualifications;
t. Florida Bureau of Fire Standards and Training Certificate of
Compliance for Minimum Standards (Firefighter II);
11. Florida Bureau of Emergency Medical services and Community
Health Resources Paramedic Certification and;
lll. Emergency Vehicle Operator Certification in accordance with F.A.C.
Chapter 64E and;
IV. Collier County Medical Director's Paramedic
Certification/Qualification Matrix Engine Paramedic Certification or
above.
d. MIFD Firefighter/Paramedics utilized in non-licensed apparatus or
assignments must maintain the following valid and current qualifications;
t. Florida Bureau of Fire Standards and Training Certificate of
Compliance for Minimum Standards (Firefighter II);
11. Florida Bureau of Emergency Medical services and Community
Health Resources Paramedic Certification and;
lll. Emergency Vehicle Operator Certification in accordance with F.A.C.
Chapter 64E and;
tv. Collier County Medical Director's Paramedic
Certification/Qualification Matrix Engine Paramedic Certification or
above.
2. SCHEDULING AND POSITION ASSIGNMENTS
a. The COUNTY and MIFD Chiefs or their designee, must approve all
Exchange Program participants.
b. The COUNTY Battalion Chief 80 and MIFD Division Chief 50 will consult
openly in order to assure continuity and efficiency.
c. The COUNTY will continuously provide MIFD with one [I] COUNTY
Paramedic/Firefighter as qualified within Section I, a for use on a designated
ALS apparatus or vehicle.
d. MIFD will continuously provide the COUNTY with one [I] MIFD Firefighter
as qualified within Section I. b. for use on the appropriate designated
apparatus or vehicle.
e. Exchange Program participants will participate in appropriate on-duty
training, station duties and unit assignments in accordance with assignment
and rank.
7
10/
f. It is recognized by COUNTY and MIFD that harmonious and productive
relationships between all personnel are necessary. Teamwork and cooperation
is encouraged and expected.
g. Applicable COUNTY and/or CITY policies, practices, procedures, standard
operating guidelines, general orders, protocols and/or applicable Bargaining
Unit Contract language will be observed.
3. COMMUNICATION AND DISPATCH
a. COUNTY and MIFD staff will assure all personnel operate on the
appropriate radio frequency, unit identifier dispatch and zone coverage
protocol in accordance with Computer Aided Dispatch (CAD) and the
CCFCA Communications Manual. Designated assignments are outlined as
follows:
1. Medical Director approved Emergency Medical Dispatch (EMD)
Models shall be designed to assure the initial response of
appropriate ALS licensed apparatus.
It. COUNTY and Marco Island Fire Department (hereinafter
"MIFD") chief officers will utilize available MIFD licensed
resources to assure ALS coverage is continuously maintained
within the City of Marco Island.
lll. COUNTY and MIFD chief officers will assure licensed and non-
licensed ALS assets will respond to out-of-district emergencies or
coverage when identified by CAD as the closest available ALS
unit.
b. Applicable COUNTY and/or CITY policies, practices, procedures,
standard operating guidelines, general orders, protocols and/or applicable
Bargaining Unit Contract language will be observed.
4. DOCUMENTATION
a. The first arriving licensed and non-licensed ALS unit will document each
patient contact in a hand written Patient Care Report (PCR). The PCR must
record any notations from on-scene patient treatment, patient identifying data
completed and collected prior to transfer of patient care, AR number, Dispatch
times, and crew signatures with State paramedic or EMT license numbers.
When ALS units arrive at the same time, the PCR will be completed by the
transporting unit. Shift PCRs are to be collected in a secured envelope with
completed coversheet and submitted to the appropriate EMS representative.
b. Before the end of shift, an accurate and complete EMS2000 report will be
electronically transmitted for each patient contact 100% of the time. All
BLS/ALS procedures performed by the personnel assigned to the ALS
response will be fully documented. "CHART" format with documented "BSI"
is required.
8
10 i
c. Prior to 0900hrs, or as call volume permits, Battalion 50 or designee must fax
or email acompleteALS Engine Staffing Report to Battalion 81's office. An
updated report will be provided to Battalion 81 prior to or at the end of shift to
reflect staffing changes during that tour. Battalion 81 will fax a complete
EMS Staffing report to Battalion 50's office.
5. QUALITY ASSURANCE
a. MIFD will appoint a Medical Director approved "Quality Assurance (QA)
member to participate on the ALS Non-Transport Quality Assurance
Committee, and will be granted privileges to enable them to review their
department's EMS 2000 PCRs.
b. At the discretion of the Medical Director or designee, routine or informational
QA Review may be handled by the MIFD member. The QA Committee will
provide the member with appropriate documentation detailing the area of
interest. The member shall review and complete the material with the MIFD
personnel and return all necessary documentation to the ALS N on-Transport
QA Committee within thirty [30] calendar days.
c. In the event the Medical Director orders remediation, the QA member shall be
present understanding that confidential medical information will be discussed.
If a significant issue is identified by the QA Committee, the EMT or
Paramedic may be immediately prohibited from providing patient care until
all processes are completed.
6. TRAINING
a. MIFD will appoint a Medical Director approved "EMS Training person(s)" to
work as an adjunct for the Collier County EMS Training Center so to instruct
MIFD personnel in pre-hospital medicine and protocol.
b. The MIFD Training person(s) is qualified to instruct MIFD firefighter
paramedics or EMTs Medical Director approved in-services, certifications,
classes, etc.
c. Any curriculum taught by the MIFD EMS Training person(s) must be
submitted with a complete student roster to the Medical Director in order to
qualify for County accreditation. In addition, the EMS Training person(s) will
be granted privileges to EMS 2000 to accurately record continuing education
hours of any personnel completing their training.
d. MIFD will provide to the State Fire College appropriate approved training
documentation for recognized State approved fire classes.
9
101
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Office of the
Executive Asst. / Benefits Coordinator
East Naples Fire Control and Rescue District
4798 Davis Blvd. Naples, FI34104
Phone: (239) 774-7111 Fax: (239) 774-1782
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June 28, 2007
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6CL
Jeff Page
Collier County EMS
Health Bldg., Third Floor
3301 Tamiami Trail East
Naples, FL 34112
Hi Jeff,
Please find enclosed the executed ALS Agreement between Collier County and East
Naples Fire Control and Rescue District.
Please advise should you need anything further.
Sincerely,
7J?cUAf
Mary M. Friday
Ene.
Retn:
CLERK TO THE BOARD
INTBROFFICB 4TH FLOOR
BIT 8406
4044965 OR: 4256 PG: 1196
RBCORDED in the OFFICIAL RECORDS of COLLIBR COUNTY, FL
07/11/2007 at 08:11AM DWIGHT B. BROCK, CLERK
101
RBC m
coms
86.50
10.00
INTERLOCAL AGREEMENT
ADVANCED LIFE SUPPORT PARTNERSHIP
BETWEEN COLLIER COUNTY AND EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT
THIS INTERLOCAL AGREEMENT, made and entered into this at: ~L day of )t'Nt _ 2007, by and
between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida,
(hereinafter called the "COUNTY") and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, an
Independent Special District of the County of Collier, State of Florida, created under Chapter 6] -2032, Laws of
Florida, and its successors, (hereinafter "EAST NAPLES").
PURPOSE
The purpose of this interlocal agreement is to provide quality and cost effective fire rescue and emergency medical
services to the residents of the EAST NAPLES district.and Collier County. The recognition and utilization of
existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and
the public we serve.
WITNESSETH
WHEREAS, EAST NAPLES and COUNTY seek to enhance emergency service further through a continued
partnership: and
WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for an EAST NAPLES
Firefighter/Paramedic and/or Firefighter/Emergency Medical Technician, (hereinafter "EMT"), to work and train on
a COUNTY Advanced Life Support Transport Unit providing firefighter / paramedic duties and/or basic life support
EMT duties: and
WHEREAS, The ALS partnership provides for a COUNTY Paramedic/Firefighter to work and train on an EAST
NAPLES Fire-Rescue unit providing firefighting and paramedic duties; and
WHEREAS, EAST NAPLES and COUNTY work cooperatively to assure appropriate response of sufficient
emergency medical resources,
NOW, THEREFORE, ]n consideration of the above premises, and the mutual covenants, terms, and provisions
contained herein, the COUNTY and EAST NAPLES agree as follows:
SECTION I: DEFINITIONS
1.0 ALS means treatment of life-threatening medical emergencies through the use of techniques such as
endotracheal intubation, the administration of drugs or intravenous fluids, telemetry. cardiac monitoring,
and cardiac defibrillation by a qualified person, pursuant to rules of the COUNTY Medical Director
1.1 BLS means treatment of medical emergencies by a qualified person through the use of techniques such as
patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging,
administration of oxygen, and other techniques which have been approved and are performed under
conditions specified by rules of the COUNTY Medical Director.
1.2 FTO means to a Field Training Officer: a certified paramedic recognized by the Medical Director as
having sufficient skill and experience to train and direct medical providers in working under the approved
medical protocols.
1.3 QALQ! means to Quality Assurance/ Quality 1mprovement which is the Medical Director approved
program which assesses and monitors the medical perfonnance of Paramedics and Emergency Medical
Technicians.
1.4 PCR means to the Patient Care Record which chronicles the medical treatment of the patient.
1.5 MOD means to a Memorandum of Understanding between agencies.
OR: 4256 PG: 1197
101
, "I '"
1.6 Licensed means a non-transporting ALS fIre apparatus and rapid response vehicle operating under the ALS
license issued to COUNTY Emergency Medical Services Department (hereinafter "EMS") for the purpose
of enhancing 911 medical responses.
1.7 Non-licensed means to any response vehicle that is not required by State Statute to be licensed, but is
authorized by the Medical Director.
SECTION II: COUNTY'S RESPONSIB]LITY
The following specific services, duties, and responsibilities will be the obligation of the COUNTY:
2.0 The COUNTY will provide through the County's Emergency Medical Services (EMS) Department;
medical direction, medical protocols, training and quality assurance on a countywide basis.
2.1 The COUNTY will maintain at least one (1) ALS transport unit staffed by EAST NAPLES and the
COUNTY under the Board of Commissioner's authority pursuant to the current Chapter 401. Fla. Stat. and
Subtitle 64E-2, Fla. Admin. Code) at EAST NAPLES Station 22 as a first-due apparatus on all medical,
rescue and fire incidents.
2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat. and
Subtitle 64E-2, Fla. Admin, Code, will license a total of two (2), EAST NAPLES fire apparatus or response
vehicles as non-transporting ALS vehicle(s) under the COUNTY EMS license for the purpose of enhancing
911 medical responses.
2.3 The COUNTY will provide the initial ALS equipment and medical supplies to all County recognized
licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response vehicles, staffed 365
days per year, 24 hours per day including those stationed at the following locations:
1. Engine 20, 4798 Davis Blvd., Naples
2. Engine 23, 6055 Collier Blvd., Naples
2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as identified in
2.3 and mutually agreed upon, under the COUNTY EMS license during the term of this Interlocal
Agreement.
2.5 The COUNTY EMS Department will provide one (I) Paramedic/Firefighter to EAST NAPLES 365 days
per year, 24 hours per day to be utilized on fire apparatus vehicle(s) located at EAST NAPLES Station 23
and licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant
to Chapter 401, Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code.
2.6 As pursuant to Chapter 401, Fla. Stat. and Subtitled 64E-2, Fla. Admin. Code, EAST NAPLES may
operate any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder when a
paramedic does not staff the vehicle.
SECTION III: EAST NAPLES' RESPONSIB]LlTY
The following specific services, duties, and responsibilities will be the obligation of EAST NAPLES:
3.0 EAST NAPLES will provide through EAST NAPLES' Fire Rescue Department; Incident Command,
incident safety direction, fire rescue standard operating guidelines and training on a regional basis.
3.1 EAST NAPLES will maintain two (2) ALS apparatus, licensed and equipped by the COUNTY, at locations
referenced in Section 2.3. These unites) will be designated within the County Sherriff's Office Computer
Aided Dispatch (CAD) program to automatically respond to medical incidents with, or in place of, an ALS
transport unit committed to a previous medical, rescue or fire operation in accordance with the COUNTY's
Emergency Medical Dispatch protocol as an emergency medical response and/or fire suppression vehicle.
3.2 EAST NAPLES will comply with medical protocol, and will participate in medical training and quality
assurance programs in accord with the COUNTY.
3.3 EAST NAPLES will provide one (1) Firefighter/Paramedic or Firefighter/EMT to the COUNTY 365 days
per year, 24 hours per day to be utilized on the ALS transport unit assigned to COUNTY Station 22.
3.4 EAST NAPLES may provide at least one (1) MOU Training Coordinator, approved by the medical
director, to function as a Field Training Officer (FTO) / Supervisor for EAST NAPLES Paramedic and
EMT training.
3.5 EAST NAPLES will designate a representative to the COUNTY a Medical Director approved Quality
Assurance member to participate on the ALS Non-Transport Quality Assurance Committee.
OR: 4256 PG: 1198
10 I ,,~
3.6 EAST NAPLES may provide additional non-licensed ALS vehicles when paramedic staffing permits.
3.7 EAST NAPLES may provide additional medical equipment and advanced service with the approval of the
COUNTY.
3.8 EAST NAPLES shall be responsible for replacing expendable medical supplies and for the cost of repair
and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles.
SECTION IV: MUTUAL CONVENANTS
4.0 The COUNTY in coordination with EAST NAPLES wiIl be responsible for verifying that EAST NAPLES
Firefighter/Paramedics and/or Firefighter/EMTs meet all requirements for State licensure and
recertification as Florida Certified Paramedics and/or EMTs. EAST NAPLES in coordination with the
COUNTY will be responsible for verifying that the COUNTY Paramedic/Firefighters meet all
requirements for licensure and recertification as required by law (e.g., Florida Statutes, Florida
Administrative Code, and rules and regulations of the Division of State Fire Marshall's Bureau of Fire
Standards and Training.)
4.1 The COUNTY and EAST NAPLES wiIl provide each other's department employees similar training and
internship programs as would he provided for a COUNTY or EAST NAPLES employed
Firefighter/Paramedic or Firefighter/EMT.
4.2 Necessary qualifications for both EAST NAPLES and COUNTY firefighter/paramedics will be
cooperatively developed and defined within the Collier County Fire Chiefs' Association (CCFCA)
Firefighter Cross Training Program, and Collier County Medical Director's Paramedic
Qualification/Certification Matrix.
4.3 The COUNTY and EAST NAPLES will work cooperatively to identify and request appropriate grants in
order to improve the operations and service capabilities of both departments.
4.4 The operational decision to change the location of either apparatus assignment identified in sections 2.1 or
3.3 may be changed by mutual written consent between the Chief of the EAST NAPLES FIRE CHIEF or
his designee and COUNTY's County Manager or his designee (e.g. Chief of EMS).
SECTION V: OPERATING PROCEDURES
5.0 EAST NAPLES Firefighter/Paramedics and Firefighter/EMTs wiIl meet the same requirements and
perform at the appropriate medical protocol as defined by the COUNTY EMS Medical Director, standard
operating procedures, quality assurance program, general orders and chain of command as employees of
the COUNTY EMS Department.
5.1 EAST NAPLES Firefighter/Paramedics shall be certified to perform as ALS Engine Paramedics under
current medical protocol. The COUNTY EMS Medical Director shall regularly evaluate the skills of
EAST NAPLES Paramedics for consideration of expanding the medical protocol under which they
perform.
5.2 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and perform
under the same Fire specialized response protocols, standard operating procedures and chain of command
as employees of EAST NAPLES.
5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent between
the Chief of the East Naples Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of
EMS). Such revisions must not conflict with the terms and standards set forth in this Agreement.
5.4 Licensed and non-licensed ALS vehicles, programs personnel or details may be developed and
implemented by joint agreement and in cooperation between EAST NAPLES and COUNTY. Such
resources may not conflict with the standards set forth in this agreement.
5.5 EAST NAPLES and COUNTY EMS will recognize the respective ranks and abilities of assigned
personnel.
5.6 All discipline and investigations leading to discipline wiIl be handled by the respective employing agency.
5.7 EAST NAPLES and COUNTY will utilize Command Staff and assets for logistical, support, and
operational needs for national, state and local emergencies.
5.8 The State of Florida recognized Incident Management System (lMS) is the standard for emergency
operations. EAST NAPLES shall assume command and control of all incidents where EAST NAPLES is
the Authority Having Jurisdiction. In all instances where EAST NAPLES has established command,
COUNTY EMS shall assume responsibility for, and be in charge of, patient care.
OR: 4256 PG: 1199
10 I
5.9 The COUNTY and EAST NAPLES will jointly develop medical recordkeeping procedures and share
statistical data.
SECTION VI: RESOLUTION OF CONFLICTS
6.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen
circumstances come into conflict, issues will immediately be decided in the following manner;
I. First and foremost by the medical needs of the patient and responder safety
2. The COUNTY will have jurisdiction of medical issues conceming appropriate patient care.
3. EAST NAPLES will have jurisdiction of fire/rescue issues concerning operations and safety.
4. Conflicts involving patient care issues will be resolved through a QAlQI process.
5. Should conflicts arise that are unresolvable, the chain of command within each department
will come together in an attempt to resolve those issues at the equivalent levels of each
department and in unison move up the chain of command as necessary.
SECTION VII: AGREEMENT TERM
7.0 This lnterlocal Agreement supersedes the agreement titled "lnterlocal Agreement Advanced Life Support
Engine Partnership, between the EAST NAPLES and COUNTY, dated July 31,2001.
7.1 The lnterlocal Agreement shall remain in full force and effect from the date first above written and shall
terminate after written notice of termination.
7.2 This 1nterlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years. Absent
tenrunation or amendment to this Interlocal Agreement, the term of this Interlocal Agreement will
automatically renew ill (3) three year periods. Nothing within this Agreement shall preclude review and
amendment of any provision within the three (3) year period or successive renewal periods when such
amendment is mutually agreed to in writing by the COUNTY and EAST NAPLES.
7.3 Either the COUNTY or the EAST NAPLES may terminate this Interlocal Agreement after providing
written notice of its intent to terminate at least ninety (90) days in advance of the date of termination.
7.4 In the event that the COUNTY's Medical Director determines that the EAST NAPLES failure to fulfill any
of the obligations under this Agreement adversely affects or may adversely affect the medical needs of the
patient and/or responder safety, EMS may provide written notice to EAST NAPLES of its intent to
recommend that the Bee terminate this Agreement. Bee consideration of termination of this Agreement
must occur at the next available regular meeting of the BCe. Advance notice of the BCC meeting date and
agenda item must be provided to the Medical Director and EAST NAPLES. Unless otherwise determined
by the BCC at the meeting, the notice of intent to recommend that the BCC terminate this Agreement shall
be deemed to be fully sufficient and to have commenced the (90) ninety day notice period. In the
alternative, the Bee at the meeting may, after receiving information from the Medical Director and EAST
NAPLES, terminate this Agreement without further action or notice to the EAST NAPLES. Nothing in
this Agreement shall limit the authority of the Medical Director as set forth in the Florida Statutes and the
Florida Administrative Code.
7.5 The terminating party must also provide the non-terminating party's representatives with an opportunity to
consult with the terminating party's representatives regarding the reason(s) for termination during the
notice periods provided in Section VII of this Agreement.
SECTION VIII: INSURANCE
8.0 EAST NAPLES and COUNTY shall maintain insurance in the minimum amounts and types required by
Florida State Statues.
8.1 EAST NAPLES and COUNTY agree that either party may be self-insured on the condition that all self-
insurance must comply with all State laws and regulations and must meet with the approval of the other
party to this lnterlocal Agreement.
8.2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section
768.28 EAST NAPLES and COUNTY agree to hold harmless the other, their employees and agents against
any and all claims and/or damages by or behalf of any person, employee or legal entity arising from their
OR: 4256 PG: 1200
101
respective negligent acts pursuant to this agreement that allows employees of the other to occupy and ride
in each other's vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose
liability on EAST NAPLES or the COUNTY when it would not otherwise be responsible.
SECTION IX: MISCELLANEOUS
9.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the
event any litigation is instituted by way of construction or enforcement of the lnterlocal Agreement, the
party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court
costs and other expenses, including reasonable Attorney's fees.
9.1 It is understood that this lnterlocal Agreement must be executed by both parties prior to EAST NAPLES
and COUNTY commencing with the work, services, duties and responsibilities described heretofore.
9.2 Prior to its effectiveness, this lnterlocal Agreement and any subsequent amendments shall be filed with the
Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall
file said agreement as soon as practicable after approval and execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this lnterlocal Agreement to be executed by their
appropriate officials, as of the date ftrst above written.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY. FLORIDA
(, {).(
,
By:
Jim Coletta.. Chairman
/
. O/D'?
Approval as to form and legal
Sufficiency:
EAST NAPLES FIRE CONTROL AND RESCUE
DISTRICT
OR: 4256 PG: 1201
101
ATTACHMENT A
COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT AND
EAST NAPLES FIRE AND RESCUE DEPARTMENT
ALS PARTNERSHIP OPERATIONS PLAN
REFERENCE:
ALS Program Interlocal Agreement, .h, N t ;< G, , 2007
PURPOSE: To provide quality and cost effective fire rescue and emergency medical
services to the residents of EAST NAPLES (ENFD) and Collier County (COUNTY). The
recognition and utilization of existing and future personnel skills, qualifications and resources is
in the interest and benefit of both agencies and the public we serve.
1. QUALIFICATION REQUIREMENTS
a. COUNTY Paramedic/Firefighters utilized on designated fire apparatus must maintain
the following valid and current qualifications:
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
11. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification;
111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
ME;
IV. Collier County Medical Director's Paramedic Certification/Qualification
Matrix Rescue Paramedic and;
v. Collier County Fire Chiefs' Association Firefighter Cross Training
Certification.
b. ENFD Firefighters utilized on the County Medic unit must maintain the following
valid and current qualifications:
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
11. Florida Bureau of Emergency Medical services and Community Health
Resources EMT or Paramedic Certification;
111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
64E and;
OR: 4256 PG: 1202
101
IV. Collier County Medical Director's Orientation, as referenced in the Collier
County Medical Director's Paramedic Certification/Qualification Matrix
c. At least one ENFD Firefighter/Paramedic utilized on licensed ENFD ALS apparatus
or vehicle must maintain the following valid and current qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
11. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification and;
111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
ME and;
tv. Collier County Medical Director's Paramedic Certification/Qualification
Matrix Engine Paramedic Certification or above.
d. ENFD Firefighter/Paramedics utilized in non-licensed apparatus or assignments must
maintain the following valid and current qualifications;
1. Florida Bureau of Fire Standards and Training Certificate of Compliance for
Minimum Standards (Firefighter II);
11. Florida Bureau of Emergency Medical services and Community Health
Resources Paramedic Certification and;
111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter
ME and;
IV. Collier County Medical Director's Paramedic Certification/Qualification
Matrix Engine Paramedic Certification or above.
2. SCHEDULING AND POSITION ASSIGNMENTS
a. The COUNTY and ENFD Chiefs or their designee, must approve all Exchange
Program participants.
b. The COUNTY Battalion Chief 80 and ENFD Captain 20 will consult openly in order
to assure continuity and efficiency.
c. The COUNTY will continuously provide ENFD with one [I] COUNTY
Paramedic/Firefighter as qualified within Section I,a for use on a designated ALS
apparatus or vehicle.
d. ENFD will continuously provide the COUNTY with one [I] ENFD Firefighter as
qualified within Section I,b. for use on the appropriate designated apparatus or
vehicle.
e. Exchange Program participants will participate in appropriate on-duty training,
station duties and unit assignments in accordance with assignment and rank.
OR: 4256 PG: 1203
101
f. It is recognized by COUNTY and ENFD that harmonious and productive
relationships between all personnel are necessary. Teamwork and cooperation is
encouraged and expected.
g. Applicable COUNTY and/or EAST NAPLES policies, practices, procedures,
standard operating guidelines, general orders, protocols and/or applicable Bargaining
Unit Contract language will be observed.
3. COMMUNICATION AND DISPATCH
a. COUNTY and ENFD staff will assure all personnel operate on the appropriate radio
frequency, unit identifier dispatch and zone coverage protocol in accordance with
Computer Aided Dispatch (CAD) and the CCFCA Communications Manual.
Designated assignments are outlined as follows:
1. Medical Director approved Emergency Medical Dispatch (EMD) Models shall
be designed to assure the initial response of appropriate ALS licensed
apparatus.
11. COUNTY and ENFD chief officers will utilize available ENFD licensed
resources to assure ALS coverage is continuously maintained within EAST
NAPLES.
111. COUNTY and ENFD chief officers will assure licensed and non-licensed
ALS assets will respond to out-of-district emergencies or coverage when
identified by CAD as the closest available ALS unit.
b. Applicable COUNTY and/or EAST NAPLES policies, practices, procedures,
standard operating guidelines, general orders, protocols and/or applicable Bargaining
Unit Contract language will be observed.
4. DOCUMENTATION
a. The first arriving licensed and non-licensed ALS unit will document each patient
contact in a hand written Patient Care Report (PCR). The PCR must record any
notations from on-scene patient treatment, patient identifying data completed and
collected prior to transfer of patient care, AR number, Dispatch times, and crew
signatures with State paramedic or EMT license numbers. When ALS units arrive at
the same time, the PCR will be completed by the transporting unit. Shift PCRs are to
be collected in a secured envelope with completed coversheet and submitted to the
appropriate EMS representative.
OR: 4256 PG: 1204
10 I
b. Before the end of shift, an accurate and complete EMS2000 report will be
electronically transmitted for each patient contact 100% of the time. All BLS/ ALS
procedures performed by the personnel assigned to the ALS response will be fully
documented. "CHART" format with documented "BSl" is required.
c. Prior to 0900hrs, or as call volume permits, Captain 20 or designee must fax or email
a complete ALS Engine Staffing Report to Battalion 81's office. An updated report
will be provided to Battalion 81 prior to or at the end of shift to reflect staffing
changes during that tour. Battalion 81 will fax a complete EMS Staffing report to
Captain 20's office.
5. QUALITY ASSURANCE
a. ENFD will appoint a Medical Director approved "Quality Assurance (QA) member to
participate on the ALS Non-Transport Quality Assurance Committee, and will be
granted privileges to enable them to review their department's EMS 2000 PCRs.
b. At the discretion of the Medical Director or designee, routine or informational QA
Review may be handled by the ENFD member. The QA Committee will provide the
member with appropriate documentation detailing the area of interest. The member
shall review and complete the material with the ENFD personnel and return all
necessary documentation to the ALS Non-Transport QA Committee within thirty [30]
calendar days.
c. In the event the Medical Director orders remediation, the QA member shall be present
understanding that confidential medical information will be discussed. If a significant
issue is identified by the QA Committee, the EMT or Paramedic may be immediately
prohibited from providing patient care until all processes are completed.
6. TRAINING
a. ENFD will appoint a Medical Director approved "EMS Training person(s)" to work
as an adjunct for the Collier County EMS Training Center so to instruct ENFD
personnel in pre-hospital medicine and protocol.
b. The ENFD Training person(s) is qualified to instruct ENFD firefighter paramedics or
EMTs Medical Director approved in-services, certifications, classes, etc.
c. Any curriculum taught by the ENFD EMS Training person(s) must be submitted with
a complete student roster to the Medical Director in order to qualify for County
accreditation. In addition, the EMS Training person(s) will be granted privileges to
EMS 2000 to accurately record continuing education hours of any personnel
completing their training.
*** OR: 4256 PG: 1205 ***
10 r
~
d. ENFD will provide to the State Fire College appropriate approved training
documentation for recognized State approved fire classes.
07-EMS.00081/2
lOJ
MEMORANDUM
Date:
June 1,2007
To:
Linda Jackson, Contract Specialist
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Summer Transportation Contract between the School
District of Collier County and the BCC
Enclosed please find five (5) original agreements, as referenced above,
(Agenda Item #10J) approved by the Board of County Commissioners
on Tuesday, May 22, 2007.
Please forward to the appropriate parties for signatures and return a fully
executed oril!inal to the Minutes and Records Department to be kept for
the record.
If you should have any questions, please contact me at 774-8406,
Thank you.
Enclosures (5)
FILE NO.:
{)'7- PA"'c- tJoC,$/f
; ",'__f "1 f"'.r
DA1E"IrI' 'ECm' ~VEbt
..,-,,/ /" , . f ("'e'
'~, I 1 1..\ II -, ,
, Jrf;\IC'1
lOJ
'ITEM NO.:
",.~ r. ~
/u./
',: -: ,'""' [>
- '..' ,,: 06
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
--.---- REQUEST FOR LEGAL SERVICES
Date: !U.PbJJ"'l1 M~rA~ 21J)7
To: Office of the County Attorney
Attention: Robert Zachary
PLEASE GIVE THIS TO ROBERT, HE HAS HELPED WITH THE
INDEMNIFICATION LANGUAGE AND HAS KNOWLEDGE OF THE EVENTS
DEALING WITH THIS AGREEMENT.
From: Linda Jackson Best, Contract Specialist
Purchasing Department, Extension 8990
Administrative Services Division
//
//
Re: Review of Transportation Agreement between Parks and Recreation
and the Collier County School District
BACKGROUND OF REQUEST:
The BCC awarded this agreement on Tuesday, May 22, Agenda Item
10J
This item been previously submitted for your review under
RLS 07-PKR-00103 by Shari Ferguson from Parks and Recreation,
ACTION REQUESTED: Please review for Legal Sufficiency
OTHER COMMENTS: Note: Per Wayne Fiyalko's email dated, May 23,
2007, (attached) the School Board and Collier County Risk
Management decided not to trade Certificates of Insurance. Should
your office have questions, please contact Wayne Fiyalko at 774-8839,
UPON YOU REVIEW AND SIGNATURE, PLEASE FORWARD
TO THE BCC FOR FINAL EXECUTION. L c.-. /VVZ-
Thank you! , -') J - 07
10J
BestLinda
From:
Sent:
To:
Subject:
FiyalkoWayne
Wednesday, May 23,20078:31 AM
BestLinda
RE: Parks and Recreation Transportation with School Board
No. During my conversation with Peter, we agreed that the document in question was designed to be used, as contract
between the school board and private party, It was my recommendation that it was not necessary that the School Board
and County traded COts. Peter agreed. If requested, I can provide proof of insurance.
Wayne Fiyalko, CRM, CIC
Collier County, Risk Finance Manager
Voice (239) 774-8839
Fax (239) 774-8048
wavnefivalko(cilcoll ierqov. net
From: BestLinda
Sent: Wednesday, May 23,2007 8:1S AM
To: FiyalkoWayne
Subject: Parks and Recreation Transportation with School Board
<<File: Summer Transportation.pdf>>
Good morning,
We are still waiting to see if the above agreement was passed last evening, it is Agenda Item 10J, in the interim, I wanted
to touch base with you on the insurance certificate. I understand that you have been working with Peter DeBaun in the
School District's Risk Management.
In Section 7 of the attached agreement we have to provide libility insurance coverage with a minimum amount of
$100,000... ..the Organization shall present proof of insurance coverage before approval ofthis contract by the Board,
Have you fOlwarded that to Peter, or am I to receive a copy and attach it to the agreement.
Thank you.
Linda
1
10J
SUMMER TRANSPORTATION CONTRACT
TillS AGREEMENT, made for the 2007 summer school recess, by and between the School District of Collier
County, Florida and Board of County Commissioners, Collier County, Florida.
WHEREAS, Chapter 1006 of the Florida Statutes authorizes local school districts to enter into agreements
with nonprofit corporations and nonprofit civic associations and groups for the transportation of school age children
for activities sponsored by these organizations, and
WHEREAS, the Organization is a nonprofit corporation, nonprofit civic association, or governing body of
a municipality, county, or state agency duly authorized to enter into this agreement and bind the Organization
thereto, and
WHEREAS, the School Board desires to assist the Organization in providing transportation to school age
children for activities sponsored by the organization on the terms and conditions set forth herein, and
WHEREAS, this Agreement contemplates two (2) use options with concomitant reimbursement form the
Organization to the School Board.
IT IS THEREFORE AGREED: that the School Board shall provide buses, drivers and Exceptional
Student Education ("ESE") attendants to the Organization in accordance with the terms of this agreement. For the
purposes of this agreement, an "operated mile" is defined as every mile driven for each bus operated in support of
the Organization's program, whether with passengers or not, and to include necessary trips to and from a School
Board Transportation Department facility. Mileage will be recorded and billed by the School Board and will be
paid as billed by the Organization. The parties further agree as follows:
I. Option A - Bus and Driver.
a. Organization shall reimburse the School Board for each vehicle with driver at the rate of
$21.75 per hour and $2.10 per operated mile for each bus. If driver overtime is required
the rate is $35.00 per hour.
b. Organization will be billed a minimum of two hours plus mileage for each vehicle and
driver.
2. Option B - Bus. Driver and ESE Attendant.
a. Organization shall reimburse the School Board at the rate above plus an additional $20.00
per hour for an attendant.
3. The rates described in paragraph I above are based on conditions current as of March 14,2007. In
the event that these conditions change, for example, increased fuel or labor costs, the District shall
have the right to pass those increased costs on to the Organization in the form of an increase in the
rates shown in paragraph I above.
4. The Organization agrees that in the event of a cancellation, the School Board will be given at least
24 hours advance notice. In the event that notice of cancellation issued to the School Board is less
than 24 hours, a 2 hour charge per vehicle will be due and payable to the School Board.
]
lQ:J \l~
Payment for services rendered or due shall be billed by the School Board by the 10 of each month
and paid by the Organization by the 30th of each month.
Each party agrees to indemnify, defend and hold harmless the other, its officers, board members,
agents and employees from and against any and all fines, suites, claims, demands, penalties,
liabilities, costs or expenses, losses, settlements, judgments and awards and actions of whatever
kind or nature, attorney's fees and costs are excluded (and costs and fees on appeal), and damages
(including, but not limited to, actual and consequential damages) arising from any negligent,
willful or wrongful misconduct, knowing misrepresentation or breach of this Agreement by such
party, its officers, board members, agents or employees. This paragraph shall not be construed in
any way to alter the State's waiver of sovereign immunity or extend the parties liability beyond the
limits established in Section 768.28 Florida Statutes.
7. The Organization agrees that at all times material to this Agreement, it shall provide liability
insurance coverage in the minimum mounts of $100,000 on any claim or judgments and $200,000
on all claims and judgments arising from the same incident occurrence. The Organization shall
present proof of insurance coverage before approval of this contract by the Board.
8. The Organization agrees that there shall be no fee charged to passengers on the bus.
9. The use of vehicles by the Organization shall at all times be subject to the laws of the State of
Florida, the provisions of the Florida Administrative Code, and rules adopted by the School Board.
10. The agreement shall commence on the day and year signed by the agencies, not before 6/4/07, and
remains in effect through 8/3/07.
II. Organization shall provide proof of its non-profit status prior to execution of this contract.
12. This Agreement represents the entire Agreement between the parties and may not be amended
except by written instrument signed by all parties hereto.
13. All the terms and provision of this Agreement shall be binding upon, inure to the benefit of, and be
5.
6.
enforceable by the parties and their legal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year signed by the agencies.
Signed in the Presence of:
The School District of Collier County, Florida
~j/,l~ /
Le' Ci.-urlv!.-t. CtJf~
Print Name:
& /ti'"/.'
~-
Date
~n!Ilsportation
Ga~~J:i ~c~Z$
Print Name:
D?wndtr~~~ Date
Dr. Russell Clukey, Executive Dl ector of
Support Services {~/f>- 0 7
2
Signed in the Presence of:
Witness
Witness
ATTEST:
Dwight E. Brock, Clerk of Courts
b~'~al*ll;'~SO(
siGnature nl-
Approved as to form and legal sufficiency:
---------'
Richard W. Withers, School Board Attorney
H:\Contracts\Revised Summer Transportation Contract blank. doc
'V OJ j~.~'
1I.."d of ~C'~.l'"'~'
::~d' I/U-'
James Coletta
Title: Chairman
By:
Title:
3
Collier
Date6-?J"'1!:>7
Date
10l
MEMORANDUM
Date: May 25,2007
To: Susan Golden, State Grants Admin. Mgr.
Financial Administration and Housing
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2007-144: Approving the Disaster Recovery
Subgrant Agreement with DCA
Enclosed, please find three (3) original documents and three (3) certified
copies of the resolution referenced above (Agenda Item #10L) adopted by
the Collier County Board of County Commissioners on Wednesday, May
23,2007.
After Submital to the appropriate agency please return a copy of the fully
executed document to the Minutes & Records Department to be kept in the
public record,
If you should have any questions please call me at 774-8406.
Thank you.
Enclosures (3)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 0 L
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. AHach to original document. Original documents should be hand delivered t<.1 the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Ollice only aftq the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the
'i' ~
excention of the Chairman's shlllature, draw a line throuet routine. lines # I throue.h #4, cOffinletc the checklist and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
I (List in routing order)
1. ""
2. ~
3. '"
4. ~
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the BCC office only after the BCe has acted to approve the
item.)
Name of Primary Staff Susan Golden
Contact
Agenda Date Item was OS/22-23/2007
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone N urn ber
Agenda Item Number
DRI Subgrant Agreement with DCA &
Resolution 0 -I '+
Number of Original
Documents Attached
213-2901
10. L.
Yes
(Initial)
N/A (Not
A licable)
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions. etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has heen entered as the date ofBCC approval of the
document or the final ne Jotiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si J ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by lhe Bee on OS/23/07 (enler date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a Iicable.
~
~
1: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
2.
3.
4,
5,
6.
1 0 L' t ~ i
RESOLUTION NO. 2007- 144
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING AN AGREEMENT WITH
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR
$2,339,882 IN COMMUNITY DEVELOPMENT BLOCK GRANT
DISASTER RECOVERY INITIATIVE FUNDS RELKATING TO
HURRICANE WILMA, AUTHORIZING THE CHAIRMAN TO
EXECUTE THE AGREEMENT; DELEGATING TO THE COUNTY
MANAGER OR HIS DESIGNEE THE AUTHORITY TO SUBMIT
REQUIRED REPORTS OR OTHER CONTRACTUALLY REQUIRED
DOCUMENTS THAT ARE SOLELY MINISTERIAL IN NATURE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development
(hereinafter HUD) has provided Community Development Block Grant (CDBG) funding to the
Florida Department of Community Affairs for Hurricane Wilma Disaster Recovery Initiative
(DRI); and
WHEREAS, the overall goal is to address hurricane impacted housing, public facility
and community development needs for very low and low income persons; and
WHEREAS, Collier County accepted requests for funding in July 2006 and the Board of
County Commissioners approved the grant application on September 12, 2006; and
WHEREAS, the Florida Department of Community Affairs has awarded $2,339,882 in
CDBG DRl funds in their December 14, 2006 award letter.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
I, The Board of County Commissioners of Collier County approves the 2005
Community Development Block Grant Disaster Recovery Initiative contract which is attached
and incorporated herein by reference, and authorizes the Department of Housing and Human
Services to transmit the contract to the Florida Department of Community Affairs and take all
necessary actions to implement the CDBG DRl programs, including hiring of staff and
associated budgets,
2, The Chairman of the Board of County Commissioners is authorized to execute the
agreement and any pertinent documents on behalf of the County,
3. The County Manager or his designee is hereby authorized to submit reports and
other contractually required documents, providing that such reports and documents are
ministerial in nature.
Page I of2
lOL
4, If any section, sentence, clause or phrase of this Resolution is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this Resolution,
5, This Resolution shall become effective upon adoption by a majority vote of the
Board of County Commissioners,
~
This Resolution adopted this ~ "'-J of May 2007, after motion, second and majority
vote favoring same,
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:Jh.u..u a~tC),c.
Attest" . Cb~ ~ty, Clerk
slonature on1-
By ~;i~
JA~ CO A, Chairman
A
kow
tant County Attorney
Page 2 of 2
\DL
Item # ---
Pqcc':c 5 -(}crt>
tV";) --------
.~. f'8 5-05-0
\01"'C(! -.-....-.-
,'\'"" .
I ~8~~~e.L
SPECIAL INSTRUCTIONS FOR COMPLETION OF ENCLOSURES ~ 'D..,.....,\' c...cw-,,~
1. CDBG Award AQreement 1- U [ 1 i
The Award Agreement (the Agreement) binds your local government to the proposed CDBG project and ensures
compliance with all applicable CDBG laws, rules, and regulations, On Page 11 insert the name and address of the
Representative of the Recipient responsible for the administration of the Agreement. Original signatures are required
on page 20 of all three copies of the Agreement, and all three copies of the Agreement must be returned to the
Department by The three copies of the AQreement must be accompanied bv the
documents required in numbers two, three, four, five and six below. Following final signature by the
Department, a fully executed copy of the Agreement will be returned to your local government.
Attachment C contains State and Federal Statutes, Regulations and Program Conditions. Grant specific
requirements, if applicable, are contained in the Special Conditions, Attachment J of the Agreement.
2. SiQnature Authorization Form
A Signature Authorization Form (attached) must be completed, Once completed, the Signature Authorization Form
will be identified as Attachment K of the Agreement. The purpose of this form is to identify individuals in your local
government who are authorized to sign Request for Funds, to electronically submit each Request for Funds to the
Department and designate the bank account of record and financial institution where funds are to be deposited. A
separate non-interest bearing bank account must be maintained for each CDBG project due to the original funding
source. Each of the individuals authorized to sign checks for the distribution of CDBG funds pursuant to the
Agreement must be bonded.
Please type in the non-interest bearinQ bank account number, bank name, and address, as well as the names and
titles of the persons authorized to request funds. If funds are to be remitted to an address other then the financial
institution reflected, please indicate. If the recipient currently receives Electronic Fund Transfers (EFT) from the
Comptroller's Office, an address should be provided where remittance and backup documentation may be sent. Three
copies of the form with original signatures of the chief elected official and those authorized to request funds and submit
same to the Department electronically must be returned to the Department with the signed Agreements.
3. If anyone other than the Chief Elected Official will be authorized to execute the Agreement or to sign
amendment requests, reports, or other contractually required documents, please provide a copy of the
resolution authorizing said delegation.
4. Activity Work Plan Form
An Activity Work Plan Form (attached) must be completed which reflects activity line items included in the Program
Budget (Attachment A of the Agreement), including administration. The Activity Work Plan, when completed, will be
identified as Attachment B of the Agreement. Please identify the activities that will take place and the dollar amounts,
which will be requested, from the Department on a periodic basis (use additional forms as needed to reflect all
proposed activities), Three copies of the Work Plan must be returned with Your executed AQreement to the
Department.
Please develop your work plans carefully to ensure that all planned activities will be completed in a timely manner.
The Department reserves the right to reject any proposed work plans that fail to demonstrate an orderly progression of
activities over the term of the Agreement.
5. Grant ProQram Information Form
The two page Grant Program Information Form (attached) must be completed which provides names and addresses
for local contacts and paid consultant (if applicable), administrative data and a brief project description. This
information will be used to load data into the CDBG Grants Record Information Tracking System (GRITS). One copy
of the form must be returned with vour executed AQreement to the Department.
6, Special Requirements
The Department must satisfy the following provisions prior to execution of the Agreement:
A Submit to the Department one copy of the completed Civil Rights Profile Form (attached) to facilitate the
Department's civil rights review; and
B. Submit to the Department one copy of an executed initiai Form HUD 2880 (attached), pursuant to 24 C.F,R Part
12.
1 0 L It\~ ~ .
Small Cities Community Development Block Grant (CDBG) Program Information Form
Federal Fiscal Year 2006/State Fiscal Year 2006/2007 Funding Cycle
Contract Number: 0'1 'D "e> - ~V - 09. - ~l- O~- z...O I CFDA Number 14.228
Names and Addresses
1. Contract Recipient
Name of Chief Elected Official: "'3' o...V\\. e S C_d e tta....
Title c...~Q\ ('VY\~Y\
Address: ~~O \ \Q.VV\;o..MA Tro,:,\ ~a.g
City, State, Zip Code N a. ~\ e. S, ~ L ~ 4- I \ ~
~~~C~~tq~~hro~~ SAcr", No ~ ~d~~X4~tbO~~
E-Mail Address: jiWV\..<:-ole+.h"... @ C'.a\\:er:jO\f. Y\e..t
2, Chief Financial Officer
Name of Chief Financial Officer: W ~ ~
Title c.. \ e...... k 0 P C. 0 U. 'r t'5
Address ~~() I \o...V';\,iCllM,.', T\r"~: \ \:..Q.~
City, State, Zip Code N a.. ~\e. s. ~ L '3L.\.lld...-
&~ C.,~~~~,l\N.g S'Ai~ No. ~~'1 CEf!~F5 -N~19S5
E-Mail Address: d wi ~ '" + . 'a ro c..k. @ d er' k.. c.o \ l ; (LV". f; I. u. ~
3.Locacal Contact Person
Name of Local Contact Person: t1.V\. Cl o,\'\.
Title: G("().JI\t~ ~dM"\'\'IS-trGl\-; {)V\ o...v\Q~er
Address :::'050 N. \-\orses\."\O€.- br. SlA.i+(.. \\'0
City, State, Zip Code K <A ~\e..S, ~ L ~ ~ LO L{.
Are9. CodelTeleph\l..ne No: S~n.co/Ti\No: ~f.El'il Cope/Fax N.ur,pi;ler
a.~'1 a.\~-~~C!>\ N~ ~ ~03-Cl3~1
E-MaiIAddress:SIA.<;.Q.A.~D\.cU.y\ (@ ~O\tlQ..V'"~O\I'. ~e...-t
10L It 1
4, Private Consultant (If Applicable)
Name of Consultant:
A.
Firm:
Address:
City, State, Zip Code:
Area CodelTelephone No:
( )
Area Code/Fax Number
( )
E-Mail Address:
Administrative Data
1.
Local Government FID Number: -:) q - ~ 000 '5 S ~
Districts: United States Congress \~ ~ 0l..:5~
Florida Senate .31';-~~ Florida House
'1~,.1Q1 ? Il;L
2,
3. If the local government is not receiving Electronic Funds Transfer (EFT) from the State of Florida,
please provide an address for transmittal of the reimbursement warrant:
Local Government:
Street Address:
City, State, Zip:
4. Please provide a brief Project Description:
\~\ ~ "D\l..:l.. ~~\tL<l..-\- ",^,c...\\kd.Q.~ s;~ (.1,) SQ.rvic,.Q....
o..r2..t1.~ -t\.Y~~""o~+ c..o\\;Q,.1(" ~lL1I\.~ .1~c1u.a.~~
~ ("'lJ.\t'"tA1- \ Col'f\~~~~ ~C ""I.Y'v'\.W\/\.O~ \u.. a..n6..
c.. 0 ?fL.\a. \'\.~.
lOL q
Applicant/Recipient
Disclosure/Update Report
U.S. Department of Housing
and Urban Development
OMBApproval No. 2510-0011 (exp, 08/31/2006)
Instructions. (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.)
A IicantlReci ient Information Indicate whether thls's an Initial Report or an Updste Report 0
1. Applicant/Recipient Name, f.ddre~d Phone (include aRa ~. ~,/'9 " 2. Social Security Number or
L.o \ \; 2. r e..c un t-l( t:> oa..r-d-. 0'1'" OW\ . j '--o~ S S' ~ Employer ID Number:
~~Ol Ta..I'V\.;o..""""rr-rt;\..:\ t,o....sJ- a..~\e'S>r ~L o4-u.L :;5ct- /g0006Sd'
3. HUD Program Name
~bO S I).:~~<;\-ex- R..~<:..o'l{Qx- Xfl\~+;~-kJe.
5. State the name an~~tfon ( treet addres City and Stpte) 0 the project or activity:
c...e\\\Q..r 1.\.\,\ LO....;d.t.L
Part I Threshold Determinations
1. Are you applying for assistance for a specific project or activity? These
terms do not indude formula grants. such as public housing operating
subsidy or CDBG block grants. (For further information see 24 CFR Sec.
~
~Ye.
4. Amount of HUD Assistance
~~u~t;qe1i ~
o No
2. Have you received or do you expect to receive assistance within the
jurisdIction of the Department (HUD) , involving the project or activity in
this application, in excess of $200,000 during this fiscal year (Oct. 1 _
~ 3D)? For further information, see 24 CFR Sec. 4.9
~Yel 0 No.
It you answered "No" to either question 1 or 2, Stopl You do not need to complete the remainder of this form,
However, you must sign the certification at the end ot the report.
Part II Other Government Assistance Provided or Requested I Expected Sources and Use of Funds.
Such assistance includes, but is not limited to, any grant, loan, subsidy, guarantee, insurance, payment, credit, or tax benefit.
Type of Assistance
Amount
Reauested/Provided
Expected Uses of the Funds
~~nVStateJLocal Agency Name and Address
(Note: Use Additional pages if necessary.)
Part III Interested Parties. You must disclose:
1. All developers, contractors, or consultants involved In the application for the assistanCe or in the planning, development, or implementation of the
project or activity and
2. any other person who has a finandal interest in the project or activity for which the assistance Is sought that exceeds $50,000 or 10 percent of the
assistance (whichever is lower).
Alphabetical list of all persons with a reportable financial interest Social Security No. Type of Participation in
in the ro'ect or actlvi For individuals, lve the last name first or Em 10 ee rD No. Pro'eCUActivit
1'\0+ a-~~~
(Note: Use Additional pages if necessary.)
Certification
Warning: If you knowingly make a false statement on this form, you may be subject to civil or criminal penalties under Section 1001 of Title 18 of the
United States Code. In addition, any person who knowingly and materially violates any required disclosures of information, including intentional non-
disclosure, is subject to civil money penalty not to exceed $10,000 for each violation.
r certify that this information true and plete.
Signature: Date: (mmlddJyyyy)
x
Approv
ga su ciency
ATTEST:
DWIGHT E. BROCK, CLEllK
bVl' a.uu 'J Lr~ 0.( -
V Deputy C rkd
Atuft IS to Ol!lrman s
CfQ"A"'f~9 Qq' . ,
Form HUD-2880 (3/99)
, Assistant County Attorney
lOt
~',lI . '~,
" .1\>1
Public reporting burden for this collection of information is estimated to average 2.0 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the dala needed, and completing and reviewing the collection of information. This agency
may not conduct or sponsor, and a person is not required to respond to, a collection information unless that collection displays a valid OMS control
number.
Privacy Act Statement. Except for Social Security Numbers (SSNs) and Employer Identification Numbers (EINs), the Department of Housing and Urban
Development (HUD) Is authorized to collect all the information required by this form under section 102 of the Department of Housing and Urban
Development Reform Act of 1989, 42 U.S.C. 3531. Disclosure of SSNs and EINs is optional. The SSN or EIN is used as a unique identifier. The
information you provide will enable HUO to carry out its responsibilities under Sections 102(b), (c), and (d) of the Department of Housing and Urban
Development Reform Act of 1989, Pub. L. 101-235, approved December 15, 1989. These provisions will help ensure greater accountability and integrity
in the provision of certain types of assistance administered by HUO. They will also help ensure that HUO assistance for a specific housing project under
Section 102(d) is not more than is necessary to make the project feasible after taking account of other government assistance. HUD will make available to
the public all applicant disclosure reports for five years in the case of applications for competitive assistance, and for generally three years in the case of
other applications. Update reports will be made available along with the disclosure reports, but in no case for a period generally less than three years. All
reports, both initial reports and update reports, will be made available in accordance with the Freedom of Information Act (5 U.S.C. ~552) and HUO's
implementing regulations at 24 CFR Part 15. HUD will use the Information in evaluating individual assistance applications and in performIng internal
administrative analyses to assist in the management of specific HUO programs. The information will also be used in making the determination under
Section 102(d) whether HUD assistance for a specific housing project is more than is necessary to make the project feasible after taking account of other
government assistance. You must provide all the required information. Failure to provide any required information may delay the processing of your
application, and may result in sanctions and penalties, including Imposition of the adminIstrative and civil money penalties specified under 24 CFR ~.38.
Note: This form only covers assistance made available by the Department. States and units of general local government that carry out responsibilities
under Sections 102(b) and (c) of the Reform Act must develop theIr own procedures for complying with the Act.
Instructions
Overview.
A. Coverage. You must complete this report If;
(1) You are applying for assistance from HUe for a specific project or
actIvity and you have received, or expect to receive, assistance
from HUD in excess of $200,000 during the during the fiscal year;
(2) You are updating a prior report as discussed below; or
(3) You are submitting an application for assistance to an entity other
than HUD, a State or local government If the application is required
by statute or regulation to be submitted to HUD for approval or for
any other purpose.
B. Update reports (flied by "Roclplenlll" of HUD AlIslslllncel:
General. All recipients of covered assistance must submit update
reports to the Department to reflect substantial changes to the initial
applicant disclosure reports.
Line-by.Llne Instructions,
Applicant/Recipient Information.
All applicants for HUD competitive assistance, must complete the
information required in blocks 1-5 of form HUD-2880:
1. Enter the full name, address, city, State, zip code, and telephone
number (Including area code) of the applicant/recipient. VIAlere the
applicant/recipient Is an individual, the last name, first name, and
middle initial must be entered,
2. Entry of the applicant/recipient's SSN or EIN, as appropriate, Is
optional.
3. Applicants enter the HUO program name under which the assistance is
being requested.
4. Applicants enter the amount of HUO assistance that is being
requested. Recipients enter the amount of HUO assistance that has
been provided and to which the update report relates. The amounts
are those stated in the application or award documentation. NOTE: In
the case of assistance that is provided pursuant to contract over a
period of lime (such as project-based assistance under section 8 of the
United States Housing Ad of 1937), the amount of assistance to be
reported includes all amounts that are to be provided over the term of
the contract, irrespective of when they are to be received.
5. Applicants enter the name and full address of the project or activity for
which the HUO assistance Is sought. Recipients enter the name and
full address of the HUD.assisted project or activity to which the update
report relates. The most appropriate government identifying number
must be used (e.g., RFP No.; IFB No.; grant announcement No.; or
contract, grant, or loan No.) Include prefixes.
Part I. Threshold Determinations - Applicants Only
Part I contains Information to help the applicant determine whether the
remainder of the form must be completed. Recipients flllng Update
Reports should not complete this Part
If the answer to either questions 1 or 2 Is No, the applicant need not
complete Parts II and III of the report, but must sign the certification at the
end of the form.
Part II. Other Government Assistance and Expected Sources and
Uses of Funds.
A. Other Government Assistance. This Part Is to be completed by both
applicants and recipients for assistance and recipients filing update
reports. Applicants and recipients must report any other government
assistance involved In the project or activity for which assistance is
sought. Applicants and recipients must report any other government
assistance Involved In the project or activity. Other government
assistance is defined in note 4 on the last page. For purposes of this
definition, other government assIstance Is expected to be made
available If, based on an assessment of all the circumstances involved,
there are reasonable grounds to anticipate that the assistance will be
forthcoming.
Both applicant and recipient disclosures must include all other
government assistance involved with the HUD assistance, as well as
any other government assistance that was made available before the
request, but that has continuing vitality at the time of the request.
Examples of this latter category include tax credits that provide for a
number of years of tax benefits, and grant assistance that continues to
benefit the project at the time of the assistance request.
The following information must be provided:
1. Enter the name and address, city, State, and zIp code of the
government agency making the assistance available.
2. State the type of other government assistance (e.g., loan, grant,
loan insurance).
3. Enter the dollar amount of the other government assistance that is,
or is expected to be, made available with respect to the project or
activities for which the HUD assistance is sought (applicants) or
has been provided (recipients).
4. Uses of funds. Each reportable use of funds must clearly identify
the purpose to which they are 10 be put. Reasonable aggregations
may be used, such as "total structure" to indude a number of
structural costs, such as roof, elevators, ex1erior masonry, etc.
B. Non-Government Assistance. Note that the applicant and recipient
disclosure report must specify all expected sources and uses of funds _
both from HUD and any other source. that have been or are to be,
made available for the project or actIvity. Non-government sources of
Form HUD-2880 (3/99)
funds typically include (but are not limited to) foundations and private
contributors.
Part Ill. Interested Parties.
This Part is to be completed by both applicants and recipients filing update
reports. Applicants must provide infonnation on:
1. All developers, contractors, or consultants involved in the application
for the assistance or in the planning, development, or implementation
of the project or activity and
2. any other person who has a financial interest in the project or activity
for which the assistance is sought that exceeds $50,000 or 10 percent
of the assistance (whichever is lower).
Note: A financial interest means any financial. Involvement in the
project or activity, including (but not limited to) situations in which an
individual or entity has an equity interest in the project or activity,
shares in any profit on resale or any distribution of surplus cash or
other assets of the project or activity, or receives compensation for any
goods or services provided In connection with the project or activity.
Residency of an individual in housing for which assistance is being
sought is not, by itself, considered a covered financial interest.
The information required below must be provided.
1. Enter the full names and addresses. If the person is an entity, the
listing must indude the full name and address of the entity as well as
the CEO. Please list all names alphabetically.
2. Entry of the Social Security Number (SSN) or Employee Identification
Number (EIN), as appropriate, for each person listed Is optional.
3. Enter the type of participation in the project or activity for each person
listed: i.e., the person's specific role in the project (e.g., contractor,
consultant, planner, investor).
4. Enter the financial interest in the project or activity for each person
listed. The interest must be expressed both as a dollar amount and as
a percentage ofthe amount of the HUD assistance involved.
Note that if any of the source/use information required by this report has
been provided elsewhere in this application package, the applicant need
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, j
not repeat the Information, but need only refer to the form and location to
incorporate it into this report. (It is likely that some of the information
required by this report has been provided on SF 424A, and on various
budget fonns accompanying the application.) If this report requires
information beyond that provided elsewhere in the application package,
the applicant must Include in this report all the additional information
required.
Recipients must submit an update report for any change in previously
disclosed sources and uses of funds as provided in Section 1.0.5., above.
Not.s:
1. All citations are to 24 CFR Part 4, which was published in the Federal
Regi.ter, [April 1 , 1996, at 63 Fed, Reg, 14448.)
2. Assistance means any contract, grant, loan, cooperative agreement, or
other form of assistance, including the insurance or guarantee of a loan
or mortgage, that is provided with respect to a specific project or
activity under a program administered by the Department. The term
does not tndude contracts, such as procurements contracts, that are
subject to the Fed. Acquisition Regulation (FAR) (48 CFR Chapter 1).
3. See 24 CFR ~.9 for detailed guidance on how the threshold is
calculated.
4. "Other government assistance" is defined to include any loan, grant,
guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or
any other fann of direct or indirect assistance from the Federal
government (other than that requested from HUD in the application), a
State, or a unit of general local government, or any agency or
instrumentality thereof, that Is, or is expected to be made, available
with respect to the project or activities for which the assistance is
sought.
5. For the purpose of this form and 24 CFR Part 4, "personft means an
individual (induding a consultant, lobbyist, or lawyer); corporation;
company; association; authority; firm; partnership; society; State, unit
of general local government, or other government entity, or agency
thereof (including a public housing agency); Indian tribe; and any other
organization or group of people.
Form HUO-2880 (3199)
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Agreement Number: 07DB-3V-09-21-01-Z 01
CFDA Number: 14.228
Applicable Rule: 9BER06-1. Florida Administrative Code
FEDERALLY-FUNDED 2005 DISASTER RECOVERY SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), 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 Department has received these grant funds from the U. S. Department of
Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the
terms and conditions hereinafter set forth; and
C, WHEREAS, the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A, the Activity Work Plan(s) by service area, Attachment B of this Agreement,
and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties,
which are incorporated herein by reference ("the Subgrant Application"),
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POliCIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment C,
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(3) PERIOD OF AGREEMENT
This Agreement shail begin upon execution by both parties, and shall end twenty-four
(24) months after the last date signed, unless terminated earlier in accordance with the provisions of
Paragraph (10) of this Agreement. CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS
RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR
APPROVES SUCH EXTENSION.
(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 shail be subject to
the federal "Common Rule: Uniform Administrative Requirements for State and local Governments" (53
Federai Register 8034) or OMS Circular No, A-110, "Grants and Agreements with institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost
Principles for State and locai Governments," OMS Circular No. A-21, "Cost Principies 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 Federai 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 ail subcontractors or consultants to be paid from
funds provided under this Agreement, for a period of five (5) years from the date of final closeout of this
Agreement, and shail allow the Department or its designee, Chief Financial Officer, or Auditor General
access to such records upon request. The Recipient shail ensure that audit working papers are made
available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a
period of five (5) years from the date of finai closeout of this Agreement, unless extended in writing by the
Department, with the foilowing exceptions:
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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 (5) years after final disposition.
3, Records relating to reai property acquisition shall be retained for five (5) years
after closing of title.
(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, Attachment B, Activity Work Plan(s), the
Subgrant Application and subsequent revisions that are mutually agreed to by both parties, 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 , but
not be limited to, auditors retained by the Department.
(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 Department. "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 with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
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(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 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 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 Paragraph 6(d) above, the Recipient shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB 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-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscai year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (i.e" the cost of such audit must be paid from
Recipient resources obtained from other than Federai 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:
4
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Department of Community Affairs
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[An electronic copy shall also be submitted to aurilla,oarrish@dca,state.ft.usl
and
Department of Community Affairs
Small Cities Community Development Block Grant Program
2555 Shumard Oak Bouievard
Tallahassee, Florida 32399-2100
The Federai Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'" 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.
(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 Department at each ot the following addresses:
Department of Community Affairs
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[An electronic copy shall also be submitted to aurilla,oarrish@dca,state.fl.usl
and
Department of Community Affairs
Small Cities Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to
the Department pursuant to this Agreement shall be submitted timeiy in accordance with OMB Circular
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A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules ot the Auditor General, as applicable.
(h) Recipients, when submitting financiai reporting packages to the Department 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
heid liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(j) 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
Chapter 473, Fia, Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department no later than nine (9) months from the end of the
Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide to the Department reports and information as
identified in Attachment D.
(b) If all required reports and copies, prescribed above, are not sent to the
department or are not completed in a manner "acceptable to the Department", the Department may
withhold further payments until they are completed or may take such other action as set forth in
Paragraph (11) REMEDIES. "Acceptable to the Department' means that the work product was
completed in accordance with the Budget and Scope of Work and the Activity Work Plan, Attachments A
and B of the Agreement, and the Subgrant Application and subsequent revisions that are mutually agreed
to by both parties.
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(c) The Recipient shall provide such additional program updates or information as
may be required by the Department
(d) The Recipient shall comply with the Environmentai Assessment and Request for
Release of Funds process as set forth in 24 CFR Part 58 within ninety (90) days from the date of
execution of this Agreement
(e) The Recipient shall provide such additional program updates or information as
may be required by the Department
(I) The Recipient shall comply with the Environmental Assessment and Request for
Release of Funds process as set forth in 24 CFR Part 58 within ninety (90) days from the date of
execution of this Agreement
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure
that time schedules are met, the Budget, Scope of Work and Subgrant Application activities are
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 Attachments A and B of this
Agreement and the Subgrant Application including subsequent revisions that are mutually agreed to by
both parties,
In addition to reviews of audits conducted in accordance with OMB Circuiar A-133, as revised and
Section 215,97, Fla, Stat. (see Paragraph (6) AUDiT REQUiREMENTS, above), monitoring procedures
may include, but not be iimited to, on-site visits by Department staff, limited scope audits as defined by
OMB Circular A-133, as revised, andlor other procedures, By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Department. In the event that the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Department
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 Chiet Financial Officer or Auditor
7
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General. In addition, the Department will monitor the performance and financiai 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 deai in carrying out the
terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by
third parties arising out of the performance of work under this agreement For purposes of this
agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent
contractor,
(b) Any Recipient who is a state agency or subdivision, as defined in Section
768.28, Fla. Stat, agrees to be tully 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 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
Department to make any turther payment of funds hereunder shall, if the Department so eiects, terminate
and the Department may, at its option, exercise any of its remedies set forth in Paragraph 11, but the
Department may make any payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies, and without becoming liable to make any
turther payment:
(a) if any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleadin g in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
8
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this Agreement or any previous agreement with the Department and has not cured such in timely fashion,
or is unable or unwilling to meet its obligations 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 (30) days from the time the date written notice is sent by the Department.
(c) if any reports required by this Agreement have not been submitted to the
Department 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 Department 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 ciass 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 notice of noncompliance to advise that more serious
measures may be taken if the situation is not corrected;
9
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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 Department for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Department any funds which were used
for ineligible purposes under the program laws, rules and regulations governing the use of funds under
this program,
(I) Exercise any other rights or remedies which may be otherwise available
under law,
(g) The pursuit of anyone of the above remedies shall not preciude the Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity, No waiver by the
Department ot any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department
hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any
further or subsequent default by the Recipient.
(12) TERMINATION
(a) The Department may terminate this Agreement for cause upon such written
notice as is reasonable under the circumstances, Cause shall include, but not be limited to, misuse of
funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timeiy
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.
(b) The Department may terminate this Agreement for its convenience or when it
determines, in its sole discretion, that the continuation of the Agreement wouid not produce beneficial
results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30)
calendar days prior written notice.
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(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) When 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 Department by virtue of any breach of Agreement by the Recipient. The
Department may, to the extent authorized by law, withhoid any payments to the Recipient for purpose of
set-off until such time as the exact amount of damages due the Department 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.
is:
(b) The name and address of the Department contract manager for this Agreement
Brenda Aderhold
Department of Community Affairs
Small Cities Community Development Block Grant Program
Disaster Recovery Program
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Telephone: 850-410-0215
Fax: 850-922-5609
Email: brenda.aderhold@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for
the administration of this Agreement is:
Susan Golden, FederailState Grants Administration Manager
Collier County
3050 North Horseshoe Drive
Naples, FL 34104
Telephone: 239-213-2901
Fax: 239-403-2331
Email: SusanGoiden@colliergov.net
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(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 signed subcontract must be forwarded to the Department within ninety (90) days after execution of
the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is bound by
all applicable state and federal laws and regulations, and (Hi) the subcontractor shall hold the Department
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 Department as to whether that subcontractor is a minority vendor, as defined in Section
288.703, Fia. Stat.
(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 - Activity Work Plan(s)
Attachment C - Program Statutes, Regulations and Program Conditions
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Attachment D - Reporting Requirements
Attachment F - Warranties and Representations
Attachment H - Certification Regarding Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Attachment J - Special Conditions
Attachment K - FloridaPAPERS iD and Password Request Login Form
(17) FUNDING/CONSlDERATION
(a) The funding for this Agreement shall not exceed $2,339,882 subject to
the availability of funds.
(b) The Recipient agrees to expend funds in accordance with the Budget and
Scope of Work, Attachment A of this Agreement, and the Subgrant Application including subsequent
revisions that are mutually agreed to by both parties,
(c) All funds shall be requested electronically through FloridaPAPERS.
The Recipient must complete a FloridaPAPERS ID and Password Request Login Form, Attachment K of
this Agreemenrt, identifying an individual authorized to submit a Request For Funds (RFFs) on behaif of
the Recipient utilizing the intuitive web portal.
(d) Pursuant to 24 C,F,R. Section 570.489(b), pre-agreement costs reflected in the
Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are
considered eiigible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with
all other requirements of this contract.
(e) Funds expended for otherwise eligible activities prior to the effective date of
the Agreement, except for those provided for in this Agreement or prior to the effective date of the
enabiing amendment wherein the Department agrees to their eligibility, fundability, or addition to the
Agreement, is ineligible for funding with Disaster funds.
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 Comptroller or the Office of
Management and Budgeting, all obligations on the part of the Department to make any further payment ot
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funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days
of receipt of notice from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department 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%) ot the face amount ot the check or draft, whichever is greater.
(19) VENDOR PAYMENTS
Pursuant to Section 215.422, Fla, Stat., the Department 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 resuit in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penally 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) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
(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 Department 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 materiai changes shall, at the option ot
14
1 0 l ,q 1
the Department and with thirty (30) days written notice to the Recipient, cause the termination ot this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County, If any provision hereof is in
conflict with any applicabie 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 Department 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
whom 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 sea.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of empioyment, public accommodations,
transportation, State and local government services, and in telecommunications,
(I) A person or affiiiate 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 reai
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 tor 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,
15
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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 federai 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 proposai 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; vioiation of federai 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
governmentai entity (federal, state or locai) with commission of any offenses enumerated in paragraph
18(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 Department (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Department prior to the Recipient entering into a contract with any
prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE
RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND
CONTRACTOR ELIGIBILITY FORM."
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(i) The State of Florida's performance and obligation to pay under this Agreement
is contingent upon an annuai appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. 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, Fra. Stat.
(I) The Department of Community Affairs reserves the right to unilaterally cancel
this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or
other materiai subject to the provisions of Chapter 119, Fra, Stat., and made or received by the Recipient
in conjunction with this Agreement.
(m) If the Recipient is allowed to temporariiy invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department'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 U.S,C, Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA"J]. The Department shall consider the employment by any contractor of unauthorized aliens a
vioiation 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 unilaterai cancellation of this Agreement by
the Department.
(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.
17
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(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department in connection with
this Agreement may be used directly or indirectiy to influence legislation or any other official action by the
Fiorida 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
behaif 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 empioyee 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 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
disciose accordingly.
This certification is a materiai 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
18
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· i
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 Department 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 Department 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 Fiorida.
(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
entitiements to any pre-existing intellectual property, which is so disclosed, Failure to disclose will
indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to
all patents and copyrights, which accrue during performance of the Agreement
19
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(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 resoiution 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.
iN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officiais as duly authorized,
:CIPIENT'~~ ,
Nameandtitle-::::S-~e.~ c..o\e...tta. c.~ou.~
,{..
ATTEST:
DWIGHT E. BROCK, ClERK
o. ( .
Date:
DeputyCt
Attest IS to Chalrman s
sIgnature onl-
FID#: 59-6000558
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
iency
ssistant County Attorney
BY:
Name and Title: Janice Brownino, Director
Division of Housino and Communitv Develooment
Date:
20
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EXHIBIT 1
Federal Resources awarded to the Recipient pursuant to this Agreement consist of the
following:
Federal Program:
U.S. Department of Housing and Urban Development
CFDA #14.228 $2,339,882
Compliance requirements applicable to the federal resources awarded pursuant to this
Agreement are as follows:
Note: If the resources awarded to the recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown
below.
Federal Program:
The Recipient will fully perform the obligations in accordance with the Budget and Scope
of Work, Attachments A and B of this Agreement and the Application incorporated
herein by reference.
The Recipient shall be governed by applicable State and Federal laws, rules and
regulations, including but not limited to those identified in Attachment C,
Note: Section .400(d) ofOMB 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.
21
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Attachment C
State and Federal Statutes, Regulations and Program Conditions
By signature of this Agreement, the local government hereby certifies that it will comply with the following
applicable federal and state requirements:
Section I: State and Federal Statutes and Regulations
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
1
Community Development Block Grant, Final Rule, 24 35.
C.F.R., Part 570;
Florida Small and Minority Business Act, s. 288.702-
288.714, F.s.; 36.
Florida Coastal Zone Proteclion Act. s. 161.52-161.58, 37.
~S; _
Local Government Comprehensive Planning and Land 39.
Development Regulation Act, Ch. 163, F.s.;
Title I of the Housing and Community Development Act 40.
of 1974, as amended
Treasury Circular 1075 regarding drawdown of COSG 41.
funds
Sections 290.0401-290.049, F.s.;
Rule Chapter 9B-43, Fla. Admin. Code.; 42.
Department of Community Affairs Technical
Memorandums;
HUD Circular Memorandums applicable to the Small 43.
Cities COBG Pr09ram; 44.
Single Audit Act of 1984;
National Environmental Policy Act of 1969 and other 45.
provisions of law which further the purpose of this Act;
National Historic Preservation Act of 1966 (Public 46.
Law89-665)
as amended and Protection of Historic Properties (24 47.
C.F.R. Part 800); 48.
Preservation of Archaeological and Historical Data Act 49.
of 1966;
Executive Order 11593 - Protection and Enhancement 50.
of Cultural Environment;
Reservoir Salvage Act;
Safe Drinking Water Act of 1974, as amended; 51.
Endangered Species Act of 1958, as amended;
Executive Order 12898 - Environmental Justice 52.
Executive Order 11988 and 24 C.F.R. Part 55 - 53.
Floodplain Management;
The Federal Water Pollution Control Act of 1972, as
amended (33 U.S.C., s. 1251 et.seq.); 54.
Executive Order 11990 - Protection of Wetlands;
Coastal Zone Management Act of 1968. as amended;
Wild and Scenic Rivers Act of 1968, as amended; 55.
Ciean Air Act of 1977; 56.
HUO Environmental Standards (24 C.F.R. Part 58); 57.
Farmland Protection Policy Act of 1981;
Clean Water Act of 1977; 58.
Davis - Bacon Act; 59.
Contract Work Hours and Safety Standards Act of
1962,40 U.S.C. s. 327 et. seq.; 60.
The Wildlife Coordination Act of 1958, as amended;
The Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1975 (42 61.
U.S.C., s. 6901 et. seq.);
Noise Abatement and Control: Departmental Policy 62.
Implementation, Responsibilities, and Standards, 24
C.F.R. Part 51, Subpart B;
Flood Disaster Protection Act of 1973, P.L. 92-234;
2.
3.
4.
5.
6.
7.
8.
9.
10.
11
12.
.,
'0
14.
15.
16.
17.
18.
19.
20.
21.
24
Protection of Historic and Cultural Properties under
HUO Programs, 24 C.F.R. Part 59;
Coastai Zone Management Act of 1972, P.L. 92-583;
Architectural and Construction Standards;
Architectural Barriers Act of 1968, 42 U.S.C. 4151;
Executive Order 11296, relating to evaluation offload
hazards;
Executive Order 11288, relating to prevention, control
and abatement of water pollution;
Cost-Effective Energy Conservation Standards, 24
C.F.R.
Part 39;
Section 8 Existing Housing Quality Standards, 24
C.F.R.
Part 882;
Coastal Barrier Resource Act of 1982;
Federal Fair Labor Standards Act, 29 U.S. C., s. 201 et.
seq.;
Tille VI of the Civii Rights Act of 1964 - Non-
discrimination;
Tille VII of lhe Civil Rights Act of 1968 - Non-
discrimination in housing;
Age Discrimination Act of 1975;
Executive Order 12892- Fair Housing
Section 109 of the Housing and Community
Development Act of 1974, Non-discrimination;
Section 504 of the Rehabilitation Act of 1973 and 24
C.F.R.
Part 8;
Executive Order 11063 - Equal Opportunity in
Housing;
Executive Order 11246 - Non-discrimination;
Section 3 of the Housing and Urban Development Act
of 1968, as amended - EmploymentlTraining of Lower
Income Residents and local Business Contracting;
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, P.L, 100-17, and 49
C.F.R. Part 24;
Copeland Anti-Kickback Act of 1934;
Hatch Act;
Title IV lead-Based Paint Poisoning Prevention Act
(42 U.S.C., s. 1251 et. seq.);
OMBCircuiars A-87, A-122, and A-133, as revised;
Administrative Requirements for Grants, 24 C.F.R.
Part 85;
Section 102 of the Department of Housing and Urban
Development Reform Act of 1989 and 24 C.F.R. Part
12;
Emergency Rule 9BER06-1, COBG Disaster Recovery
Funds;
HUD program requirements for disaster recovery
projects as published in Federal Register, Vol. 69,
No. 237 (December 10, 2004) [Docket No. FR-4959 _
N-01).
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Section II: Program Conditions - Disaster Recovery Initiative Program
1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to
exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety-days (90) from the
effective date of this Agreement, the Recipient shall complete the following:
a. Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review
Procedures for Title I Community Development Block Grant Programs and 40 C.F.R. Section
1500-1508, National Environmental Policy Act Regulations. When this condition has been
fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of
Environmental Conditions;
b. If special assessments or impact fees are to be charged to each household that is to be
hooked up to the sewage system, document the source of those funds and that they are
dedicated to the project for the purpose of funding said special assessments or impact fees;
c. The Recipient shall not enter into a contract to be paid with Disaster funds based on a
sole source or single proposal procurement action without prior written approval from the
Department. Failure to secure the prior written approval shall relieve the Department of any
obligation to fund the said procurement contract. Any previous payments to the Recipient to fund
said contract shall be ineligible and shall be repaid to the Department by the Recipient; and
d. The documentation required in paragraph 3 below for any professional services contract
procured prior to the start date of this agreement.
e. Submit to the Department copies of all adopted required policies not provided at the time
of original Application, which the Recipient certified would be adopted. Also, unless submitted
with the Subgrant Application or reviewed at the site visit and determined to be acceptable,
submit an executed copy of the required inter-local and/or subrecipient Agreement if more than
one local government is covered by this contract.
f. The procurement of professional administrative and engineering services.
2. For each procured and executed professional services contract for which Disaster funding will be
rc"dested, or within five (5) days of the execution of any yet to be procured professional services for
which Disaster funding will be requested, submit a ~ of the following procurement documents:
a. Public notice of the terms of the request for proposals in a newspaper of regional
circulation, including affidavit of publication;
b. List of entities to whom a notification of the request for proposals was provided by mail or
by fax;
c. List of firms that submitted a proposal (only if short-listing procedure was used);
d. Completed short-listing evaluation / ranking forms, including any ranking summary
document, and document transmitting the short-listed firms to the commission (only if short-listing
procedure used);
e. Completed final evaluation / ranking forms;
f. Portion of commission minutes dealing with contract award;
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g. Cost breakout from selected firm used for completion of the cost analysis (if pricing
information was not submitted with proposals);
h. Contract (signed or proposed);
i. Truth-in-Negotiation certification (if not in the contract) for engineering contracts over
$60,000;
j. If a protest was filed, a copy of the protest and documentation of resolution;
k. A request for the Department's approval of a single source procurement if only one firm
was considered and the contract exceeds $25,000;
I. If a regional planning council or local government is performing the services, submit only
a copy of the contract and cost analysis information; and
m. If professional services procurement will not be undertaken, so advise the Department.
3. For any activity that requires construction plans and specifications prepared by an engineer or
architect:
a. Provide to the Department a copy of all engineering specifications and construction
plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a
copy of all bid documents for all services and/or materials to provide those services and/or
materials for all construction activities when the bids are expected to exceed $25,000. These
submissions are for the limited purpose of identifying the extent of the activities to be
accomplished with Disaster funds under this Agreement, and inclusion of program requirements,
and In no way does it indicate that the Department has conducted a technical review of, or
approved the plans or other bidding documents;
b. The Recipient shall not publicize any request for bids for construction purposes or
distribute bid packages until the Department has provided to the Recipient, written
acceptance of the engineering specifications, construction plans, and bid documents; and
c. In any service area which requires construction plans and specifications prepared by an
engineer or architect, no more than twenty-five percent (25%) of the grant administration
amount allocable to that service area may be requested until the construction plans and
specifications for that service area have been received for review by the Department. For
the purpose of this condition, the allocable grant administration amount for each service
area is calculated by first determining each service area's percentage of total project
costs, excluding administrative costs, and then multiplying the service area's percentage
of total project costs by the total administrative budget. This calculation results in a
percentage of total administrative costs per service area based on each service areas
percentage of the grants total project costs, excluding administrative costs.
4. For activities requiring acquisition of property, the Recipient shall:
a. Should the Recipient be undertaking any activity subject to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster
funds will not be used for the cost of acquisition, the Recipient shall document completion of the
acquisition by submitting all documentation required for a desk monitoring of the acquisition,
including notice to the property owner of his or her rights under URA, invitation to accompany the
appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement
costs, copy of deed, waiver of rights (for donations), as applicable.
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The documentation shall be submitted within forty-five (45) days of acquiring the property and
prior to advertising for construction bids for any activity that required the acquisition.
b. Should the Recipient be undertaking any activity subject to the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended,
and Disaster funds will be used for the cost of acquisition, the Recipient shall document
completion of all pre-acquisition activities by submitting all documentation required for a desk
monitoring of those activities, including notice to the property owner of their rights under URA,
invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for
sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The
documentation shall be submitted to the Department for review prior to closing on the property. A
copy of the final statement of settlement costs and a copy of recorded deed, with any required
deed restrictions, shall be submitted within forty-five (45) days of the acquisition.
5. If the project involves installation of new sewer lines, or a new sewer treatment
plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the
Recipient shall document notification to appropriate households of the requirement in Section
381.00655(1), Fla. Stat. (1995) to hookup to the sewer system within three-hundred and sixty-five (365)
days of its availability. (Note that the notification is to be provided at least one year prior to the
anticipated availability of the system.)
6. The Recipient shall obtain approval from the Department prior to obligating Disaster funds for
any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering
fee schedule. The Department will not reimburse or fund engineering activities or costs that are not
eligible under the RUS fee schedule and Emergency Rule 9BER05-2 CDBG Disaster Recovery Funds.
7. The Recipient, by executing this Agreement, does thereby certify that program income received
and retained by the local government before closeout of the grant will be used to continue grant activities
in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program
income earned and expended must be reported to the Department on a quarterly basis. Quarterly
progress reports are due to be received by the Department no later than fifteen (15) 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.
8. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to
24 C.F.R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third
thereof from the effective date of the contract to the date of submission of the administrative closeout.
9. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds.
This restriction shall limit the use of that real property or facility to the use stated in the Application and
that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records
in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real
property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in
accordance with 24 C.F.R. Section 570.489U).
10. The Recipient shall conduct all public hearings relating to this Agreement and performance
hereunder in a location that is accessible to physically handicapped persons or make such
accommodations as necessary to provide for active participation of handicapped persons desirous of
attending such public hearings.
11. All amendments to the activities contained in the application, including proposed new activities
must be approved by the Department in writing prior to the date of initiation of that activity or the
execution of any contract with any third party relating to such activity. The Department reserves the right
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to require that deletion of an activity meeting the LMI national objective be replaced with another activity
meeting the LMI national objective.
12. The Recipient shall update and submit Form HUD 2880 to the Department within thirty (30) days
of the Recipient's knowledge of changes in situations which would require that updates be prepared. A
final Form HUD 2880 shall be provided to the Department with the request for administrative closeout,
and its absence or incompleteness shall be cause for rejection of the administrative closeout and
assessment of any penalties which otherwise would have occurred.
13. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatino Historic Buildinos.
14. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section
570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster financial
assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real
or perceived. shall be addressed pursuant to 24 C.F.R. Section 570.489(h). All procurement actions shall
be conducted pursuant to 24 C.F.R. Section 85.36 and Rule 9B-43, Fla Admin. Code.
15. The Recipient shall maintain records of its expenditure of funds from all sources that will allow
accurate and ready comparison between the expenditures and the contracted budget line items by
service area contracted activity as defined on Attachment A and on the Activity Work Plan(s).
16. If an activity is designed by an engineer, architect, or other licensed professional, it shall be
certified upon completion by a licensed professional as meeting the specifications of the design, as may
have been amended by change orders. The date of completion of construction shall be noted as part of
the certification. This certification shall be accomplished prior to submission of an administrative closeout
package, and a copy of the certification shall be submitted with the administrative closeout package.
17. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by
the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any
portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378
shall not be paid with Disaster funds.
18. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding
any activity in the application, the local government shall provide information necessary to establish
eligibility for the activity under the Disaster Recovery initiative program requirements or replace the
activity with a new activity meeting such requirements, within the provisions of Program Condition
Number 10.
19. Any debris removal on private property approved by the Department as a result of a HUD waiver
will be treated as "direct benefit" and the project file shall document that the property owner qualifies as a
low or moderate income (LMI) person. If documentation that the person qualifies as an LMI person is not
provided, then the cost of debris removal is not allowed.
20. Following demolition of a structure on private property, the local government shall place a lien
against the real property for the cost of demolition. If the lien is not recorded against the real property,
then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition
is needed for residential reconstruction completed during the sub-grant period. A copy of the lien shall be
maintained in the project files. When the lien is paid, the funds shall be treated as program income in
accordance with CDBG regulations in in 24 CFR 570.
21. For any activity performed as an "urgent need," the project files shall document that the activity
meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For
these disaster recovery funds, the "threat to health or welfare" portion of the requirements may be
established in the context of the 2004 hurricane season damage.
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22. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing
construction, construction of the housing must be completed and LMI benefit documented during the sub-
g rant period.
23. If grant funds are used for "slum and blight," the project files shall document that the activity took
place in an area officially designated as a "slum" or "blighted" area and meets HUD requirements for
"slum and blight" national objective, or that the activity qualifies under HUD requirements for "spot blight."
24. If grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final
use or disposition shall be met.
25. For any construction contract that requires payment of prevailing wages under the Davis-Bacon
and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet
its DBRA tracking and reporting requirements to HUD for these funds:
a. Obtain a wage decision from the Department using its Wage Decision Request form or a
similar document with the same information; and
b. Prior to awarding the construction contract, submit the Bidding Information and
Contractor Eligibility form, or document with the same information, and obtain the Department's
confirmation that the contractor is not excluded from participation in federally funded projects.
26 If any funds are used for housing rehabilitation, the project files shall document that, following
completion of each home, all code violations have been corrected and the home meets Section 8
Housing Quality Standards.
27. Within thirty (30) days of execution of any construction contract between the Recipient and a
contractor, all construction contractors shall provide a schedule for completion of work activities under
that construction contract.
28. Pursuant to Federal RegisterNolume 69, Number 237 [Docket Number FR-4959-N-01] and the
Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may
receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for
Small Business Administration assistance or from any other program, insurance or any other sources.
The Recipient's project files shall document how compliance with this prohibition on duplication of
benefits was determined for each activity, including sub-recipients and, for housing or other direct benefit
activity, individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other
means may require repayment of duplication of benefit funds.
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Attachment 0
Reporting Requirements
The following reports must be completed and submitted to the Department in the time frame
indicated. Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10)
of this Agreement.
1. The Contractual Obligation and MBE Report must be submitted to the Department by
April 15 and October 15 annually. The form must reflect all contractual activity for the period. If
no activity has taken place during the reporting period, the form must indicate "no activity".
2. The Request for Funds Form must be submitted electronically through FloridaPAPERS to
the Department by an authorized signatory at a minimum of once per quarter within fifteen (15)
days after the end of the quarter: April 15, July 15, October 15 and January 15. If no activity
has taken place during the reporting period, a zero (-0-) Request for Funds must be submitted
electronically indicating "no funds required".
3. The Projection of Contract Payments Form must be submitted to the Department (4)
times a year: May 1, August 1, November 1 and February 1. In Section I indicate the amount of
funds projected to be drawn down for the applicable reporting period. If no funds will be required,
a zero should be reflected in the applicable reporting period. In Section II, indicate current
approved budget and available balance for each project activity.
4. A Disaster Quarterly Status Report must be submitted to the Department fifteen (15) days
after the end of the quarter on the report form provided by the Department April 15, July 15,
October 15 and January 15.
5. The Administrative Closeout Package must be submitted to the Department forty-five (45)
days after the Agreement termination date.
6. In accordance with OMB Circular A-133, revised, should the Recipient meet the threshold
for submission of a single or program specific audit, the audit must be conducted in accordance
with OMB Circular A-133 and submitted to the Department no later than nine (9) months from the
end of the Recipient's fiscal year.
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Attachment F
Warranties and Representations
Financial ManaQement
In addition to complying with all applicable federal regulations, the 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 adequately identify 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) 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.
(5) Accounting records, including cost accounting records that are supported by source
documentation.
Comoetition
In addition to complying with all applicable state and federal regulations, 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
., 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.
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.
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Business Hours
The Recipient shall be available at all reasonable times for business. "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.
Licensina and Permillina
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.
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Attachment H
Certification ega Ing
Debarment. Suspension, Ineligibility
And Volunta 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's Name and Title
QrxA CAtnL
~~s;~'e6
bft[j-~V - Dq-,~J- Ot-ZOt
DCA Contract Number
c.clll u- Le, .
Recipient's Name
Signature
Firm
Street Address
City, State, Zip
Date
NOTE: SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND
SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM,"
33
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Attachment J
Special CondItions
34
ATTACHMENT K
FloridaPAPERS LOGIN 10 AND PASSWORD REQUEST FORM
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Attachment K
Department of Community Affairs
Florida Small Cities Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
Recipient .....e.:,.o \\~~ CO::.~~an Originalsignatur~Aut~o('2t~f~git~ach contract
~li~~ld~ss~s~eeS~o~'6~BofO~~$~"~~.. Q7"D~-. 9\J=()9r~l=()~=~(JJ
.3 ~O \ \CA..V't\; Q~ \V-~, \ EQ..st
City, State and Zip Code
i~~~1~<)..E~ .';>~~~~~.,~ iieiephe#q\ ....;t 0- ~CjO \
6\A.S~V\ G<ll\~ Gt ~rd.~ ....J.......
r:~l~~~o~~er~~?;i~....~..f~\J;4~~~~~;~~{?lc,\R:~@.~O\\;~(jf1\l.~~t I
. ..:; "" C>-. u.::> ~ \"" CAn. c.c.olA.1I\ Y'\ ,......... . .......... .......... ...... .... . ..................... ........ ....... .... .... .. ........ .. .................... ....... . ... ...... ........... .................. ..... .. ...'
~~\k~orftn'ai(~~j~~~1~~I&~~~iti~Js~:~!g:~:~~~t~H~n~~Jlit.r*f~~...
. signatures of individuals authorized below. No more than two individuals can be authorized to use FloridaPAPERS. CDBG
contracts require that at least one (1) RFFs must be submitted each quarter and should reflect all expenditures incurring during
L~~~;~~"",,," . +~t~~El~~":~--s~
.. ...........g........... ...................... ......................... ............................................ ....... ............. , ............... .......... ..................................... ,......<dLe ...;rY...........t
i ;~h::;:ereifth~~~vNefs6nWilibethe 1f:~tJ:i~dress .....J..~....~.....~...
'~~~~aJ~~IQriqap!\:~~~u~er~Olden i~~II~~~~.f~fji~Oi,bJ- .....~
.........L.......t"~~.................................
i~~~i~~~~~~~~~~~~~ep~~v~s~~,rson will be the S"'~~~~t)\ci~ e:>~\\~~~,~~+
I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
i Funds and to submit RFF's electronically to the Small Cities Community Development Block Grant Program using FloridaPAPERS.
ITYpedName......;=::~=..........................................................................iD~;1rSign~atur?........~7J/~7-.......................................
,................................................................<1... ..l~U.<l.......................,.....Jw~.............................. ..... ...~_.........................
[J] Check here if your local government utilizes Electronic Funds Transfer (EFT) rom the State ~
[."I] Check here if your local government will be working on a reimbursement basis. DWIGHT!;. BROCK, ClEAt(
.n ..1
,
CDBG payments to local governments using EFTare automatically deposited in the local govern
account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account.
, Program at 850/922-1878 or 487-3644 if you have questions, You can check the status of your d .
'V1Iebsit~:httD:llfl~ir,qbf.sta~e,n,us/. ... . sIgnature an]' ... .........
Local governments not receiving EFT, and not working on a reimbursement basis, must establish a non.interest bearing account.
Proviq~ accQ~nt..inforl11~tlon .forJh~...fiDancia.I....i.~.~.tit~tiQn{in~url!db.y E[)II:}b.~IQV1I.....!\II~ignat~r~s.. Qnth.~...account.m.ust..b~.bQnq~q, .
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Approv
, Assistant County Attorney _..__".. _
& legal sufficiency
N._J~ff!ev
MEMORANDUM
Date:
May 24, 2007
To:
Christine Chase
Emergency Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Formal Hazard Mitigation Grant Program (HMGP)
application for $1,639,225 in HMGP funds to be used
towards the construction of the new Collier County
Emergency Operations Center (EOC)
Attached please find one (1) original document, as referenced above,
(Agenda Item #10N), approved by the Board of County Commissioners on
Tuesday, May 23, 2007,
If you should have any questions, please call 774-8406.
Thank you.
Attachment (I)
ION
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ION
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pillk paper. Attach to original dOl:umenl ()riginal utli;umcnLs ~hi\(l1d be hand tkli\<:rcd lil the IJiltlrd (lIf1(;': rhc completed fOuting slip and original
documents are 10 be forwarded 10 the [Joanl ()Ilice onlv aft~.r the Board has takl;ll actiotl 011111( ih.'ll1. i
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's sionature, draw a line throuyt routing lines # I throueh #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routine order)
I.
- -
2.
3.
~
4.
5. Sue Filson, Executive Manager Board of County Commissioners ~ 5):J:JjifJ
6. Minutes and Records Clerk of Court's Office
~.
~
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Number of Original
Documents Attached
yn- roO;)S"
I DJJ
~
aqc
efc.
CilC
CIie
CfIS
~
Phone Number
Agenda Item Number
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages trom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Hcable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si lure and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on , C (enter date) and all changes
made during the meeting have been incorporate in I e altached document, The
Couol Attoroe 's Office has reviewed lhe chao es, if a licable,
I: Forms! County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
ION i~4 3
OFFICE OF THE couNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO: Commissioner Coletta, Chairperson
FROM:
Jennifer A. Belpedio, Assistant County Attorney ,.~~?
DATE:
May 23, 2007
RE:
BCC Agenda 5/22/07 - Item 10 N
My understanding is that the State of Florida Department of Community Affairs prefers
that the HMGP Grant Application, approved for signature by the Board of County
Commissioners on May 22, 2007 as Item 10 N, not be altered with an "approved as to
form and legal sufficiency" stamp and signature. As such, I have included the stamp and
signature on a post-it so that we are not technically altering the HMGP Grant
Application.
Additionally, I am providing this Memorandum for your records as assurance that the
HMGP Grant Application is approved as to form and legal sufficiency. Should you have
any additional questions, please do not hesitate to contact me.
CC: Jim von Rinteln, Coordinator
STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM 1 0 N
FLOOD MITIGATION ASSISTANCE APPLICATION
.ftf"
THIS SECTION FOR STATE USE ONLY
FEMA-_-DR-FL
o Standard HMGP
o Standard FMA
o 5% Initiative Application
o Initial Submission or
o Application Complete
o Re- Submission
Support Documents
o Conforms wI State 409 Plan
o In Declared Area
o Statewide
Eligible Applicant
o State or Local Government
o Private Non-Profit (Tax 10 Received)
o Recognized Indian Tribe or Tribal Organization
Project Type(s)
o Wind
o Flood
o Other:
Community NFIP Status: (Check all that apply)
o Participating Community 10#:
o In Good Standing 0 Non-Participating 0 CRS
Reviewer Phone#:
Reviewer Fax#:
Reviewer E-Mail:
Date Application Received:
State Application 10:
State Reviewer:
Signature:
Date:
This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) and
Flood Mitigation Assistance (FMA) proposals. Please complete ALL sections and provide the documents requested. If you require
technical assistance with this application, please contact your State Emergency Management Division at (850) 922-5269.
A. To Fill Out This Application: Complete all sections, which correspond with the type of proposed project
Attachment A:
Attachment B:
General Application Sections: pp.I-5: All Applicants must complete these sections
Environmental Review: pp. 6-9: All Applicants must complete these sections
Maintenance Agreement: p. 10: Any Applications involving public property, public ownership, or management of property
Acquisition Worksheet: pp.II-13: Acquisition Projects only -- one worksheet per structure
Elevation Worksheet: pp.14-18: Elevation Projects only -- one worksheet per structure
Drainage Worksheet: pp. 19-21: Drainage Projects only
Wind Retrofit Worksheet: pp. 22-24: Wind retrofit projects only (HMGP only) -- one worksheet per structure
pp. 25-27: Wind retrofit/shelter projects only (HMGP only) -- one worksheet per structure
FEMA Form 90-49 (Request for Public Assistance): All Applicants must complete, if applicable.
HMGPfFMA Application Completeness Checklist: All applicants are recommended to complete
this checklist
B. Applicant Information
FEMA-Blank-DR-FL
DISASTER NAME: Blank
Ex.. FEMA-1609-DR-FL: Hurricane Wilma
Title I Brief Descriptive Project Summary: Collier Countv Emereencv Operations Center
I. Applicant (Organization): Collier County Board of County Commissioners
2. Applicant Type:
[gI State or Local Government 0 Recognized Native American Tribe 0 Private Non-Profit
3. County: Collier
4. State Legislative District: FL Congressional District(s): 14 House: 76 Senate: 37
5. Federal Tax J.D. Nmnber: 59-6000558
6. FIPS Code*: 021-99021-00 (*ifyour FIPS code is not known, please fill out FEMA Form 90-49 (Attachment A) so that the
Department may obtain a FIPS code for you)
7. National Flood Insurance Program (NFIP) Community Identification Number (this nmnber can be obtained from the FIRM map
for your area): 120067
8. NFlP Community Rating System Class Number (FMA ONL V): NA
9. NFlP Last Community Assistance Visit Date (FMA ONLY): NA
10. Attach proof of current Flood Insurance Policy (FMA only). Flood Insurance Policy Nmnber: !!.
1
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(Form No. HMGP/FMA-OOl, Eff. 06/16/06)
Page 1 of 32
STA TE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM & ION 'I f1 ~.
FLOOD MITIGATION ASSISTANCE APPLICATION
II. Point of Contact
OMs. k2JMr. OMrs. First Name: Jim Last Name: von Rinteln
Title: Emer~encv Mana~ement Coordinator
Street Address: 3301 Tamiami Trail. 1" Floor Buildin~ F.
City: Nanles State: FL Zip Code: 34112
Telephone:-2397748911 Fax: -2397755008
Email Address(ifavailable):JamesVonRinteln@lcollier~ov.net
12. Application Prepared by: OMs.
Title: EM Coordinator Telephone:
[2JMr. DMrs.
239-774-8911
First Name: James
Fax: 239-775-5008
Last: von Rinteln
13. Authorized Applicant Agent (proof of authorization authority required)
OMs. k2JMr. OMrs. First Name: James Last Name: Coletta
Title: Chairman. Board of Countv Commissioners Telephone: 239-774-8097Fax: 239-774-3602
Street Address: 3301 East Tami i Trail
City: Nanles State: F
cr/{)''J!D'"I
Signature: Date:
14. All proposed projects ould be included in the county's Local Mitigation Strategy (LMS).
Attach is a letter of endorsement for the project from the county's Local Mitigation Strategy Coordinator.
k2J Yes 0 No
15: Has this project been submitted under a previous disaster event? If so please provide the disaster number and project
number if available. No
,..
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Select the type of hazards the proposed project will mitigate:
D Flood D Wind 0 Storm surge k2J Other (list): ALL
ATTES'n .. .
DWIGHT E, Bt:lOCK. QIiIr
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Section I. Project Description
A, Hazards to be Mitigated / Level of Protection
t
2.
Identify the type of proposed project:
D Elevation and retrofitting of residential or non-residential structure
D Acquisition and relocation 0 Acquisition and demolition
D Wind retrofit D Minor drainage project that reduces localized flooding
[2J Other (please explain) EOC
3. List the total number of persons that will be protected by the proposed project: 200
4. Fill in the level of protection and the magnitude of event the proposed project will mitigate.
(e.g.23 structures protected against the lOa-year (1%) flood)
! structure(s) protected against the 500 -year Flood (10. 25, 50, 100. or 500 year)
! structure(s) protected against 175 mile per hour (mph) winds
5. Engineered projects only (e.g. Drainage Improvements, Erosion Control or other special project types. (Other
special project types include drainage and other engineered projects. These projects are unlike acquisition,
elevation or wind retrofits/shutters.)) Attach to this page ALL engineering calculations and design plans used to
determine the above level of protection.
6. Project will provide protection against the hazard(s) above for 50 years (i.e., what is the useful life of the project)
2
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Page 2 of 32
ION
" ~
B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail)
Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will
solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate
andlor a contractor's bid for the scope of work. Please ensure that each proposed project is mitigation and not
maintenance.
Description of the existing problems- The current Emergency Operations Center (EOC) for Collier County Florida is located
within its main administraton building consisting of 1,090 square feet, and does not meet any of the Federal, State or local
requirements or guidelines for workspace or hazard resistance and survivablity.
Describe the type(s) of protection that the proposed project will provide- This project will provide protection that meets or
exceeds Federal (CPG 1-20 & DOE-STD-I020-2002), American Red Cross (ARC 4496) and the Florida building code
requirements (Florida Building Code 2004, Test Protocols for High-Velocity Hurricane Zones).
Scope of Work (describe in detail, what you are planning to do)- This project will provide a new EOC within a multi-
timctional building, designed from the ground up to be disaster resistant and to assure continuity of County Operations.
Approximately 17,255 square feet ofthis facility is dedicated as a fully functional Emergency Operations Center (EOC) and
is central to the design of this complex, which also includes; a new 911 center, Emergency Medical Services administrative
and warehouse space, a Sheriff sub-station, Emergency Management administrative offices, Information Technology back-up
center, Public Information/Studio spaces.
Describe any other on-going or proposed projects in the area that may impact, positively or negatively the proposed HMGP or
FMA project- This project is co-located with the County's new South Regional Library project which will provide additional
parking, acreage and meeting areas before, during and after a disaster. Additionally, the new Physicians Regional Medical
Center (Collier) is located approximately 1/2 mile to the Southeast.
Section II. Project Location (Fully describe the location of the proposed project.)
A. Site
]. Describe the physical location of this project, including street numbers (or neighborhoods) and zip codes; and if
available, please provide precise longitude and latitude coordinates for the site utilizing a hand-held global
positioning system (OPS) unit or the equivalent: 8]25 Lely Cultural Parkway, Naples FL 34113.
2606' 18.887 08141'40.381
2. Title Holder: Collier Countv Government. FL
3. Is the project site seaward of the Coastal Construction Control Line (CCCL)? DYES
~NO
4. Provide the number of each structure type (listed below) in the project area that will be affected by the project.
That is, all structures in project area.
o Residential property: 0 Businesses/commercial property: _
~ Public buildings: 1 0 Schoolslhospitalslhouses of worship: _
o Other: _
B. Flood Insurance Rate Map (FIRM) showing Project Site
[81 Attach two (2) copies of the FIRM map, a copy of the panel information from the FIRM, and, if available, the
Floodway Map. FIRM maps are requiredfor this application (ifpublishedfor your area). Also, all aUached
maps must have the project site and structures clearly marked on the map. FIRMs are typically available from
your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also
be ordered from the Map Service Center at 1-800-358-9616. For more information about FIRMs, contact your local
agencies or visit the FIRM site on the FEMA Web-page at http://www,fema,l!ov/homeIMSC/hardcopv.htm
Using the FIRM, determine the flood zone(s) of the project site (Check all zones in the project area).
(see FIRM legend for flood zone explanations) (A Zone must be identified)
3
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(Fonn No. HMGPIFMA-OOI, Ef[ 06/16/06)
Page 3 of 32
ION u~.
0 VEorVI-30 ~ AE or A 1-30
0 AO or AH 0 A (no base flood elevation given)
I:8J B or X (shaded) 0 C or X (unshaded)
0 Floodway
0 Coastal Barrier Resource Act (CBRA) Zone (Federal regulations strictly limit Federal funding for projects in
this Zone; please coordinate with your state agency before submitting an application for a CBRA Zone project).
0 Iftbe FIRM Map for your area is not published, please attach a copy of the Flood Hazard Boundary Map (FHBM)
for your area, with the project site and structures clearly marked on the map.
4
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(Form No. HMGP/FMA-OOI, Eff. 06/16/06)
Page 4 of 32
ION '\ ,'. .,
C. City or County Map with Project Site and Photographs
[8:J Attach a copy of a city or county scale map (large enough to show the entire project area) with the project
site and structures marked on the map.
o Attach a USGS 1 :24.000 TOPO map with project site clearly marked on the map.
o For acquisition or elevation projects, include copy of Parcel Map (Tax Map. Property Identification Map,
etc.) showing each property to be acquired. The map should include the Tax ID numbers for each parcel, if
possible.
[8:J Attach photographs (at a minimum 2 photographs) for each project site per application. The photographs should
be representative ofthe project area, including any relevant streams, creeks, rivers, etc. and drainage areas,
which affect the project site or will be affected by the project. For each structure, please include the following
angles: front, back and both sides.
Section III,
Budget/Costs
In this section, provide details of all the estimated costs of the project. As this information is used for the Benefit-Cost Analysis,
reasonable cost estimates are essential. Since project administrative costs are calculated on a sliding scale, do not include them in the
budget. Also, do not include contingency costs in the budget.
A. Materials
Item Dimension Ouantitv Cost ner Unit Cost
:see Anacnea
B, Labor (Include equipment costs -- please indicate all "soft" or in-kind matches)
Descrivtion
Hours
Rate
Cost
C. Fees Paid Include any other costs associated with the project.
Descrintion o{Task
Hours
Rate
Cost
Attach any continuations or additional items to this page
Total Estimated Project Cost $_
Page 5 of 32
5
(Form No. HMGPIFMA-OOI, Eft'. 06/16/06)
10 N ~I
D, Funding Sources (round figures to the nearest dollar)
The maximum FEMA share/or HMGPIFMAprojects is 75%. The other 25% can be made up of State and Local funds as well as in-
kind services. Moreover, the FMA program requires that the maximum in-kind match be no more than 12.5% of the total project costs.
HMGPIFMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds which lose their
Federal identity at the State level- such as CDBG, ARS, HOME) may not be used for the State or Local match.
Estimated FEMA Share
$8250.000.00 75% of Total (maximum of75%)
Non-Federal Share
Estimated Local Share
$2.750.000.00 25% ofTotal (Cash)
$Q Q% ofTotal (In-kind')
$Q Q% of Total (Project Global Match")
Other Agency Share
$Q
Q% of Tota!
(IdentifY Other Non-Federal Agency and availability date: N/A)
Total Funding sources from above
$11.000.000.00 100Total % (should equal 100%)
"'Identify proposed eligible activities directly related to project to be considered for In-kind services. (Note on Page 4 Section B)
..Separate project application must be submitted for each project (Global) Match project.
E. Project Milestones/Schedule of Work
List the major milestones in this project by providing an estimated time-line for the critical activities not to exceed a period 00 years
for performance. (e.g. Designing, Engineering, Permitting, etc.)
Milestone
Number of Davs to Comvlete
rEx., Demolition of 6 structures and removal of debris 14 daysl
Desil!l1 (EngineerinQ, PermittinQ, etc.) Comolete
Site work 90 days
Construction 420 days
CommissioninQ 120 days
Operational NLT earlv (Jan/Feb) '09
6
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(Form No. HMGP/FMA-OOI. Eff. 06/16/06)
Page 6 of 32
ION
, 1
,
Section IV.
Environmental Review and Historic Preservation Compliance
(NOTE: This application cannot be processed if this section is not completed.)
Because the HMGPIFMA are federally funded programs, all projects are required to undergo an environmental and historic preservation
review as part of the grant application process. Moreover, all projects must comply with the National Environmental Policy Act
(NEPA) and associated Federal, State, Tribal, and Local statutes to obtain funding. NO WORK can be done prior to the NEPA
review process. If work is done on your proposed project before the NEPA review is completed, it will NOT be eligible for
Federal funding,
I. The following information is required for the Environmental and Historic Preservation review:
All projects must have adequate documentation to determine if the proposed project complies with NEP A and associated statutes. The
State Environmental StafJprovide comprehensive NEPA technical assistance for Applicants, with their consent, to complete the NEPA
review. The type and quantity ofNEP A documents required to make this determination varies depending upon the project's size, location.
and complexity. However, at a minimum, please provide the applicable documentationfrom this section to facilitate the NEP A compliance
process.
~ Detailed project description, scope of work, and budget/costs (Section I (p. 2) and Section III (p. 5) of this application).
~ Project area maps (Section II, part B & C of this application (pp. 3-4)).
I:8J Project area/structure photographs (Section II, part C of this application (p. 4)).
I:8J Preliminary project plans.
I:8J Project alternatives description and impacts (Section IV of the application (pp. 6-8)).
I:8J Please complete the applicable project worksheets. Dates of construction are required for all structures.
I:8J Provide any applicable information or documentation referenced on the Information and Documentation Requirements by
Project Type (page 9 of this application).
2. Alternative Actions
The NEP A process requires that at least two alternative actions be considered that address the same problem/issue as the proposed
project. In this section,list two feasible alternative projects to mitigate the hazards faced in the project area. One alternative is the
"No Action Alternative".
1, No Action Alternative
Discuss the impacts on the project area if no action is taken.
N/A
7
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Page 7 of 32
ION
~ ~
1
Section IV. Environmental Review;
(NOTE: This application cannot be processed if this section is not completed.)
Alternative Actions, continued
2, Other Feasible Alternative
Discuss a feasible alternative to the proposed project. This could be an entirely different mitigation method or a significant
modification to the design of the current proposed project. Complete all of parts a-e (below) and include engineering details
(if applicable).
a, Project Description for the Alternative
Describe, in detail, the alternative project. Also, explain how the alternative project will solve the problem(s) and/or
provide protection from the hazard(s).
N/A
b, Project Location of the Alternative (describe briefly)
D Attach a map or diagram showing the alternative site in relation to the proposed project site
D Photographs (2 copies) of alternative site
N/A.
c, Scope of Work for Alternative Project
8
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(Fonn No. HMGPIFMA-OOJ, Elf. 06/16/06)
Page 8 of 32
ION
1 '1
Section IV,
Environmental Review;
Alternative Actions, continned
d, Impacts of Alternative Project
Below, discuss the impact ofth!s alternative on the project area. Include comments on these issues as appropriate:
Environmental Justice, Endangered Species, Wetlands, Hydrology (Upstream and Downstream surface water
Impacts), Floodplain/Floodway, Historic Preservation and Hazardous Materials.
e, Estimated Budget/Costs for Alternative Project
In this section, provide details of all the estimated costs of the alternative project (round figures to the nearest dollar). A lump sum
budget is acceptable.
1. Materials
Item
Dimension
nuanti'"
Cost Der Unit
Cost
2. Labor (include equipment costs -- please indicate all "soft" or in-kind matches)
Descrintion Hours Rate Cost
3, Fees Paid Include any other costs associated with the project.
Descrintion of Task
Hours
Rate
Cost
Total Estimated Project Cost $_
9
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Page 9 of 32
ION
\~ '"
HMGPIFMA ENVIRONMENTAL REVIEW
Information and Documentation Requirements by Project Type
Retrofits to Existing Facilities/Structures
Elevations
Acquisitwns with Demolition
./ Dates of Construction
./ Concurrence from State Historic Preservation Officer if structure is 50 years or
older or if work to be done is outside the existing footprint.
Drainage Improvements
./ Engineering plans/drawings
./ Permit or Exemption letter to address any modifications to water bodies and
wetlands
o Deparhnent of Environmental Protection
o Water Management District
o U.S. Army Corps of Engineers
./ Letter from State Historic Preservation Office addressing archeological impacts.
./ Concurrence from U.S. Fish and Wildlife addressing any impacts to wildlife,
particularly endangered and threatened species and their habitats.
./ [fthe project is in coastal area, attach a letter from the National Marine Fisheries
Service addressing impacts to marine resources.
./ Concurrence from Natural Resource Conservation Service if project is located
outside city limits and may impact prime or unique farmland.
Note: This is a general guideline for most projects, However, there will be exceptions,
Consult with environmental staff on project types not listed.
10
Page 10 of 32
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(Form No. HMGPIFMA-OOI. Elf. 06/16/06)
ION
I\"rt
Section v,
Maintenance Agreement
All applicants whose proposed project involves the retrofit or modification of existing public property or
whose proposed project would result in the public ownership or management of property, structures, or
facilities, must first sign the following agreement prior to submitting their application to FEMA,
(NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to
private property where the ownership will remain private after project completion DO NOT have to complete
this form.)
The Countvof Collier, State of Florida , hereby agrees that
(City, Town, County)
if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own
expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or
constructed as a result of such Federal aid. Routine maintenance shall include, but not be limited to, such
responsibilities as keeping vacant land clear of debris, q;arbage, and vermin; keeping stream channels, culverts, and
storm drains clear of obstructions and debris; and keepmg detention ponds free of debris, trees, and woody growth.
The purpose ofthis agreement is to make clear the Subgrantee's maintenance responsibilities following project
award and to show the Subgrantee's acceptance ofthese responsibilities. It does not replace, supercede, or add to
any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of
project award.
Signed by James Coletta the duly authorized representative
(printed or typed name of signing official)
Chairman of the Board of County Commissioners,
(Ii/Ie)
this ~d(day) of D'ht (month), Joo'1 (year).
"-.' ~~
James et, l.nnan
.Please note: The above signature must be by an individual with legal signing authority for the
respective local government or county (e.g., the Chairperson, Board of County Commissioners or the
County Manager, etc.)
ATTEST: .
DWI~HT e, BFiOCK, QerIr
BY~ttJ ~I Z~::;t 1 ~~f ,
s fgnatur. ont- .
Approll6d II to rom a IeQlllUllala~
~l~J
II
Page 11 of 29
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(Form No. HMGP/FMA-OOl, Eff06/16/06)
ION
I '1
,
Property Acquisition Worksheet
Acquisition Projects Only
A, Prepare a separate worksheet for each individual DroDertv to be acquired. Please note: Participation in
an acquisition project must be voluntary on the part of the property owner.
o Include at a minimum four (4) color photographs showing a front view, a side view, and a back view of each structure to
be acauired. Photos of the surrounding area may also be attached, Attach photographs to the worksheet for that
property
B. Site Information:
I. Owner's Name: (Must be the Derson whose name is on the DroDertv's DEED)
Social Security Number: _ (needed for duplication of benefits (DaB) detennination)
Spouse's name (if applicable): _
Spouse's Social Security Number: _ (needed for duplication of benefits (DaB) detennination)
2. Street Address (including city, state and zip code) or Physical/Legal Location:
3. If the structure is located in a Special Flood Hazard Area (SFHA) and was substantially damaged (I.e., greater than 50%)
you must obtain a Substantial Damage Certificate signed by the Local Building Or City Official (preferably using
FEMA's Residential Substantial Damage Estimator (RSDE) software).
Please Note: The data for numbers 4, 5, and 6 of this part of the application and all of Section D are not required if the structure is
located in the SFHA and a Substantial Damage Certificate is attached.
4. Base Flood Elevation of Property: _ (Obtained from Elevation Certificate)
5. Lowest (Finished) Floor Elevation of Principal Structure: _ (Obtained from Elevation Certificate)
6. Depth of water in the structure_ feet(s) _ inches.
For _ hour(s), _ day(s), _ weekes), _ month (s).
7. Post Mitigation Property Use: _
The land must be returned to and maintained as open space. It will be restricted in perpetuity to open space uses as
outlined in 44 C.F.R, 206.434(e).
C. Structure Information: (Obtained from tax records, appraisal letters from homeowners, title docnments)
I. Attach a copy of the local government Tax Assessor's record for the subject property; and, if available, a tax map.
2. Building Type: (check one)
o I-story wlo basement 0 2-story wlo basement 0 Split-level wlo basement 0 Split level with basement
o I-story with basement 0 2-story with basement 0 Mobile Home 0 Other: _
3. Building Use: (check all that apply)
o Primary Residence 0 Rental Property
o Public Building 0 House of Worship
o Secondary Residence
o Multi-Family
o Conunercial Property
o Other:_
4. Construction Type:
o Wood Frame
o Concrete Block
o Brick
o Other:_
5. Date of Construction for the structure: (if structure is older than 50 years, attach letter from State Historic Preservation
Officer): _
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ION 1
Property Acquisition Worksheet continued
Acquisition Projects Only
6. Total Square Footage of Principal Structure_
(Include ProperlY Appraisal documentation. Building Drawings)
7. Estimated Cost to Replace Principal Structure (Best estimate is with Appraisal): $-" square foot.
8. Are there accessory or out buildings on the property? 0 Yes 0 No If Yes, 0 Attached 0 Detached
Please describe (location, type of structure, age, value):
9. If the project involves the acquisition of a commercial property you must complete a Hazardous Materials Questionnaire for
that property. Ifapplicable, please contact the HMGPIFMA Environmental Section at (850) 922-5914 for a copy of the
questionnaire.
D, History of Hazards /Damages (to the Property being acquired)
List all current and past damages to the property (including damages to the structure, its contents, and any displacement costs).
Include damage from declared disaster events AND other hazard events that did not result in a presidential declaration. Damages
should be tied to one event. EXAMPLE: On August 13th, 2004, Hurricane Charley caused $25,000 in roof repairs. Provide
proof ofallcosts ofrepairs/replacement/DisplacemenUStructure/Content with receipts, insurance claim documents, work
orders, repair or damage estimates, etc. . . NOTE: These data are not required if the property is located in the Floodway or if a
Substantial Damage Certificate (for most recent disaster) is attached.
Dllte .. Precipitation Amount I Description ofDllmages Cost of Repllii"slReplacementl
Qla*" 41fEvent-One (Inches of Rainfall) Depth of Flooding Displacement/Structurel
. tyent pe~ lintl (How much water was inside the Content
structure, w~termarks, provide (Damages require pr~otQ~'litsurance
... riictures) daiitls,receipts, et~.)
Ex. 8/13/04 Ex. Hurricane Charley- Ex. 3 feet of water in house Ex. County Pumping - $15,000
2 year event per NOAA
website
Ex. 9/05/04 Ex, Hurricane Frances- Ex. 2 feet of water in living room Ex. SBA loan for $110,000: Building
3 year event per NOAA damages - $69,114 Content damages-
website $20,734
Ex. 9/25/04 Ex. Hurricane Jeanne- Ex. 18" water in den Ex. Attached estimate for building
2 year event per NOAA damages of$58,515
website
Note regarding damage estimates: the date, level of event, description of damages, and cost of repairs/replacement must be specific to
ONLY the building under consideration. Countywide damage estimates (e.g.. Hurricane Irene, 1999 caused 2 million dollars damage)
cannot be used. Additionally. vague information is not useful or acceptable in lieu of specific building damage estimates. Please Include a
13
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contractor's itemized repair estimate, if possible,
ION
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~ "',
Property Acquisition Worksheet continued
Acquisition Projects Only
E. Acquisition Cost Worksheet: (THIS SHEET SHOULD REFLECT INFORMATION FROM APPRAISALS AND VENDOR ESTIMATES)
Please fill out a separate Acquisition Cost Worksheetfor each property to be acquired (lfyour project involves the acquisition of several
properties,you may wish to develop a single spreadsheet that lists each property. The spreadsheet should contain all of the information
fields in the Acquisition Cost Worksheet below).
Project Cost Information Costs
Owner's Full Name: NA
Spouse's Full Name (if applicable): NA
Mailing Address: NA
City, State, ZIP: NA
Property Address: NA
Tax Parcel Identification Number: NA
Year Built: NA
Square footage of the building: NA
Pre-Disaster Fair Market Value*. (Identify Source: i.e. Appraisal, Report, Insurance-> $
Estimated Cost of Demolition (include debris removal, grading, seeding) $
Estimated Appraisal Costs $
Property Survey Costs $
Closing Costs (usually handled by a title company) $
Relocation Assistance $
Other $
if 10tal Cost to Acquire Property $
..Please note: The community may determine the pre-disaster fair market value by using either the local tax assessed value
(plus a percentage to approximate market value) or a State Certified Property Appraiser's estimate. In either case, the
market value must be based on pre-disaster conditions, Also, if a local tax assessed value is used, a letter from the Local
Property Appraiser must accompany the application.
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ION
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!
Elevation Worksheet
Elevation Projects Only
NOTE: Recommended elevation for Coastal Areas is at least two feet above the Base Flood Elevation or Local Code,
Please provide damage history for the structure under consideration only. Also, an entire HMGPIFMA application must be
completed for each structure to be elevated,
~ Include at a minimum four (4) color photographs showing a front view, a side view, and a back view of the
structure to be elevated (North, South, East and West) and area view (facing away from the structure,
toward street and toward backyard), Attach photographs to the property worksheet.
A. Site Information:
I. Owner's Name: Collier Countv Government
Social Security Number: N/A (needed for duplication of benefits (DOB) determination)
2. Spouse's Name (if applicable): N/A
Spouse's Social Security Number: N/A (needed for duplication of benefits (DOB) determination)
3. Street Address (including city, state and zip code) or Physical/Legal Location:
8125 Lelv Cultural Blvd.. Nanles FL 34113
B. Structure Information: (Obtained tax records, appraisals, letters from homeowners)
1. Building Type: (check one)
D I-story w/o basement D 2-story w/o basement D Split-level w/o basement
D I-story with basement D 2-story with basement D Mobile Home
D Split level with basement
IZI Other: EOC
2. Building Use (check all that apply)
D Primary Residence D Rental Property
D Secondary Residence D Commercial Property
IZI Public Building
D House of Worship
D Multi-Family
D Other:_
3. Construction Type: 0 Wood Frame
o Concrete Block
[gJ Other: Reinforced Concrete
4. Foundation Type:
o Slab on Grade
o Crawl Space
o Block Foundation
[gJ Other: Pilings
5. Date of original construction for the structure: 2007
6. Date ofmodificationlupgrade to the structure (if applicable): N/A
7. What is the pre-disaster value of the building? $50 million (Provide a copy of Tax Assessor's record, or certified appraisal)
8. What is the total value of the contents of the building? $20 million (If uncertain. a value of$20,000 or 30% ofthe
Building Replacement value, which ever is greater)
(THE FOLLOWING DATA IS REQUIRED TO CONDUCT A BENEFIT COST ANALYSIS) (Provide documentation such as:
photographs, etc.)
9. What was the depth of flooding in the building? N/A Feet, _Inches.
10. How long was the building flooded? N/A Hours, _ Days, _ Weeks, _ Months.
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Elevation Worksheet continued
ION 1
Elevation Projects Only
II. Elevation Information
Total Square Footage of Principal Structure: 130,000 sa ft
Lowest (Finished) Floor Elevation of Principal Structure (above sea level): N/A
Proposed Elevation Height (above sea level) minimum of2 feet of free board above BFE is required:
23 Feet
!i Inches
Proposed Foundation Type for Elevated Structure: i:8l Columns
i:8l Pilings
i:8l Other: Fill
C. Required information for elevation projects located in a V-zone or numbered A-zone only:
1. What is the elevation ofthe bottom of the lowest horizontal structure member of the building? 23' 6"
(A copy of the surveyor or engineer's Elevation Certificate for the building is required. Elevation Certificate costs should be
added to the application project costs)
2. What is the Base Flood Elevation (BFE) at the building site? 12' 0"
3. From the FEMA Flood Insurance Stndy (FIS), which includes the project site, fill out the appropriate table below?
'Please Note: (FlS) can be ordered from the Map Service Center at 1-800-358-9616. For more information about (FIS),
contact your local agencies or visit the (FIS) site on the FEMA Web-page at http://www.fema.l!ov/MSClfis.htm
If located in a Riverine Flood Zone (numbered A-zone or AE zone) fill in the followiRl! table:
Flood Frequency Peak Discharge (CFS) Stillwater Elevation
lO-year
SO-year
lOa-year
SOO-year
If located in a Coastal Flood Zone (V-zone or A-zone subiect to storm sume) fill in the followinl! table:
Flood Frequency Stillwater Elevation
lO-year
SO-year
1 aD-year
SOD-year
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Elevation Worksheet continued
Elevation Projects Only
D, History of HazardslDamages (to the structure heing elevated)
List all current and past damages to the structute (including its contents). Damages must be fully documented (i.e., you may be asked
to produce supporting evidence for any claimed damages). Include damage from declared disaster events AND other hazard events
which did not result in a presidential declaration.
Note regarding damage estimates: the date, type of event, and description of damages must be specific to ONLY the building under
consideration Countywide damage estimates (e.g., Hurricane Irene, 1999 caused 2 million dollars damage) cannot be used.
Additionally, vague information is not useful or acceptable in lieu of specific building damage estimates.
......1iljlt~ Name of Event; Type of Event Damage Cost to Structure Damage Cost to Content
(l)ate ou.vimt.One (e.g" storm snrge, closed basio nooding, (Damages require proof of (Damages require proof of
EV.nlper line) etc.) Insurance claims, receipts, etc.) Insurance claims, receipts"
etc.)
Ex. Ex. Ex. Ex.
10/20/99 Hurricane Irene; Storm Surge $36,000.00 $15,000.00
Ex. Ex. Ex. Ex.
8//3/04 Hurricane Charley - Closed Basin 3 feet of water in house Counry Pumping - $15,000
Flooding
Ex. Ex. Ex. Ex. SBA loan for $1/0,000:
9/05/04 Hurricane Frances-Storm Surge 2 feet of water in living room Bldg damages - $69,1/ 4
Content damages - $20,734
Ex. Ex. Ex. Ex. Attached estimate for
9/25/04 Hurricane Jeanne-Lake Okeechobee 18" water in den building damages of
Water Level Ove1:flow $58,5/5
N/A
Note: Flood Insurance Policies must be purchased for all structutes that are part ofa FEMA elevation project. For more information contact
the Floodplain Administrator in your area or visit the National Flood Insurance Program (NFIP) Web Page at (httn://www,fema.eov/nfinl
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Elevation Worksheet continued
Elevation Projects Only
E. Elevation Cost Information - Elevation Worksheet
Use the Elevation Cost Worksheet below to develop a detailed cost estimate, which must include all project costs. Any project costs that do not
clearly fall under the specified categories should be submitted to the Department for review and determination of funding eligibility under the HMGP
and the FMA program For straight elevation the structure must be retrofitted to the wind load requirements (i.e. storm shutters, hurricane clips,
etc.). Complete pages 20-22 of the Wind Retrofit Worksheet. This worksheet should have all the items from the vendor estimate provided as
backuD documentation, it is reauired to be tilled out comoletelv!!
Description Explanation of costs Total Costs
E~~mate costs for all applicable items I (e.g., 12 items @ $40 each)
PermittinglRecordingfLegal Fees
Ex. LS (Lump Sum) Ex. $500.00
Demolition Permit $
Building Permit(s) $
Plumbing, Electrical, Mechanical Permits $
Recording Fees $
Legal Fees $
Planning and Design
Surveying and Site Layout $
Ex, 1 @ $300.00 Ex. $300.00
Elevation Certificate(s) $
Engineering Design for Elevated Structure $
Site Preparation
Ex. 2000 SQ-FT@S2.301SQ-FT Ex. $4,600.00
Structural Demolition $
Lot Clearing $
Debris Removal and Disposal $
Ex. 2000 SQ-FT @ SO.75/SQ.FT Ex. $150.00
ExcavationIFill for Grading $
RetrofittinglElevation of an Existing Structure
Concrete & Block Work; Masonry Work $
Drilling & Installation of Piers, Columns, or Piles $
Beams and Columns $
Embedment and Sealant $
Foundation Walls $
Strucnrral SreeI Work $
Bracing and Anchoring $
LiftinglJ ackinglElevating $
Backfilling $
Detachment and Reattachment (of elements affixed to structure) $
Snb- Total for Page $
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Elevation Worksheet continued
Elevation Projects Only
Sub-Total from previous page $
.. I)eS,etip~on Explanation of costs Total Costs
J!:stlldat., costs for all applicable items (e.g., 12 items @$40 each)
New Construction
Sub-flooring $
Wall and Roof Framing and Shell Construction $
Exterior Doors and Windows, Insulation $
HWTicane Clips/Ties $
PorcheslDecks (if pre-existing) $
Stairs and Railings $
Plumbing Rough-in (for supply and drain, waste and vent) $
Electrical Rough-in (main circuit panel,junction boxes and outlets) $
Installation of ductwork for, ventilation, and air conditioning $
Final Clean-up $
Systems Extensions (for elevated buildings only not for new construction)
t.:x. ZOhrs r+IVlatenalS Ex. $1,250.00
Electrical Service
Plumbing/Water Service $
Sewer/Septic System $
HV AC and Ductwork; Elevating Mechanical Equipment $
Additional Insulation $
Roof and Foundation Drainage Systems $
Soil StabilizationlRetaining Walls $
Landscape Replacement/Restoration (for landscaping disturbed by construction)
Evaluated on a case-by-case basis $
Displacement Costs
Moving Costs $
Temporary Storage Costs $
Temporary Living Facilities Costs $
Other Eligible Costs (list additional costs to be determined by the Department for eligibility under the HMGPIFMA programs)
Other(s): _ $
Total Eligible Project Costs $
20
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(Form No. HMGPIFMA-OOI, Eff06/16/06)
ION 1
Drainage and Other Special Project Type Worksheet
(Other special project types include drainage and other engineered projects. These projects are unlike acquisitions, elevations or wind
retrofits (shutters)).
Municipality/County:
Project Title: _
Please fill out this worksheet completely. Note; The required information is necessary for the completion of the application process
and the technical and engineering review.
I. Attach a Flood Insurance Rate Map (FIRM) and indicate the project area. Make sure the Community Identification Number is
displayed on the front of the map.
2. Attach a City or County Scale Map and identifY the entire project area.
3. Attach a topographical map of the study area.
4. Is a Flood Insurance Study of the Area Available? Yes 0
No 0
What is the Community Name? _
What is the Community Number? oIa
What is the FIS publication date? oIa
1\
5. How many structures within the study area were flooded? ~
(a) Attach a copy of the County Property Appraiser Report for each structure, including address.
Note: A current Uniform Residential Appraisal Report, current Realtor Summary Appraisal, RS Means Cost
Estimate or Marshall & Swift cost estimate are also acceptable supporting documentation.
(b) Indicate the first floor elevation of each structure. oIa
(c) What was the depth of flooding inside each structure (inches and/or feet)? oIa
(d) How long (hours and/or days) was each structure flooded? oIa
(e) Please provide an annual maintenance cost for the drainage improvement solution. _
Note: Although FEMA does not fund the maintenance of a project; this cost is needed for the benefit cost analysis
and the performance of the drainage improvement system.
6. How many structures within the study area experienced yard flooding only? Q
(a) Attach a copy of the County Property Appraiser Report for each structure including address.
Note: A current Uniform Residential Appraisal Report, current Realtor Summary Appraisal, RS Means Cost
Estimate or Marshall & Swift cost estimate are also acceptable supporting documentation.
7. Frequency of Event: Provide specific day, month and year per flooding event for each structure.
I) oIa
2)_
3)_
4)_
5)_
6)_
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Drainage and Other Special Project Type Worksheet continued
8. Provide the dollar amount for each insured flooded structure (Proof of loss includes National Insurance Claims, etc.. .).
\) nJa
2)_
3)_
4)_
5)_
6)_
9. LOSS OF FUNCTION
(a) List the roads within the study area that were closed due to flooding, and how many days closed. Estimate the number of
one-way traffic trips per road and indicated the detour or delay time per one-way trip (in hours.)
I) nJa
3)_
2)_
4)_
Note: Datafrom the Department of Transportation, Public Works Division, or any other credited source is acceptable.
10. Was any Non Profit/Public Facility affected by flooding? Yes D No D
If yes: Indicate the name of the Non Profit/Public Facility that could not provide services due to flooding.
II. What is the Annual Operating Budget Amount for the facility or facilities mentioned above?
Note: Do not include maintenance cost within the Annual Operating Budget.
$
$
$
12. Provide photographs of the damaged properties and areas.
13. Have preliminary plans for the drainage improvement project been completed? If yes, a copy should be submitted.
YesD
NoD
14. Have final approved plans and/or final hydrology/hydraulic studies from a professional engineer or consultant for the
proposed drainage improvement project been completed?
YesD NoD
If yes, provide final plans and/or hydrology/hydraulic study.
Name of the consulting firm: _
Project engineer name: _
Telephone number: _
E-mail address:
IS. Provide an estimated project budget with cost break down by line item. A Summary Report from the consultant or
Professional Engineer describing the problem and the proposed solution with the necessary supporting Engineering
Calculations for the project/solution. The report should also certifY the level of protection and the magnitude of event the
completed scope of work will mitigate. (Example: 40 homes will be protected against a 100 Year Flood Event.) Finally, the
report should provide an estimate of damages that is anticipated for events beyond the mitigation efforts. (Example: The 40
homes can anticipate 15% structural damages for 250 Year Event and 30% structural damages for a 500 Year Flood Event).
Provide a letter from the consultant or Professional Engineer indicating the design period the new drainage improvement
system was designed for.
16. If you do not have preliminary nor fmal plans and studies, do you want to phase the project?
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Yes 0
No [8J
Drainage and Other Special Project Type Worksheet continued
17. ADDITIONAL STORM DAMAGES CAUSED BY FLOODING:
List the amount of damages (in dollars) caused by flooding per road. $ nla
(i.e. washout materials, culvert damages, pipe damages)
List the cost incurred due to emergency measures. $ nJa
List the dollar figures for debris removal within the effected? $ nJa
How many days was the community without power? _
Did the community lose potable water service? Yes 0
NoD
How many days the community was without potable water services?
o
I day
o 2 days
o 3 days
o Q days
How many days the community was without wastewater treatment services?
o
I day
o 2 days
o 3 days
o Q days
18. Please attach any documentation for other indirect damages caused by flooding within the project area. (i.e. Lost wages, police
department overtime wages, public works clean up crews overtime wages, cost incurred on clearance of vehicles and other
disaster-related materials, damages to electric panels in pumping facilities, levees breaches and damaged equipments).
19. Letter of Map Revision (LOMR) may be needed for this project. Any changes to the FIRM need to be reflected on the flood
maps, which is accomplished through the LOMR process. The construction of this project may lower the lOa-year flood
elevation and thus, possibly lower the flood insurance rates for structures in the project area. If the LOMR process is
applicable to the proposed project, please contact the Department for assistance at (850) 922-5269, Department of Community
Affairs, Division of Emergency Management.
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Wind Retrofit Worksheet - HMGP only
ION HW I
WIND RETROFIT PROJECTS ONL Y
Please fill out this worksheet completely. A separate worksheet is required for each structure to be wind retrofitted.
[2] Attach photographs (two copies) of each side (North, South, East and West) ofthe building to be retrofitted. Photos
should show a clear and unobstructed view of each side of the building. Sequential frames shonld overlap to get an
overall layout of the structure and show all openings (see note 12 on Notes)
D Provide evidence that the shutter system complies with the Miami Dade County or Florida Building Code
Specifications. The best evidence of this is a certificate issued by the Miami Dade County Building Department or
Florida Building Code stating that the proposed shutter products have been tested, approved, and comply with the
Miami Dade County or Florida Building Code specifications and also with the Local Codes & Standards for the
suecific location, Non-certified shutters or Droducts can't be nsed.
[A. "O~!lctttlformation ]1
(I) Building Name Collier County Emergency Services Center
(2) Address 8125 Lely Cultural Blvd.
(3) City, State and Zip Naples, FL 34113
(4) Owner/Applicant Collier County
(5) Contact Person Jim von Rinteln
(6) Disaster Number
(1).Proill\ti' Nwnber (STATE USE ONLY)
..
($)AiPiilli~QI\ Date (STATE USE ONLY)
K
(~~(S~ttfl1!S~QNL Y)
,..... ..........
IB~l,J..il~~~fJ~ta I
(I) Select Building Type D Non~Engineered Wood. Wood buildings do not receive specific engineering attention. Examples include
See Note # (1) on Notes single and multi.family residences, some one. or two- story apartment units, and some small commercial buildings.
D Non-Engineered Masonry _ These masonry buildings do not receive specific engineering attention.
Examples include single and multi-family residences, some one. or two- story apartment units, and some small
commercial buildings.
D Manufactured Building _ These buildings are typically light metal structures or manufactured housing units
(e.g., mobile homes). Manufactured buildings are produced in large numbers of identical or similar units.
D Lightly Engineered - These buildings may combine masonry with steel framing, open-web steel joists, wood
framing, and wood rafters. Some parts of the building receive engineering attention while others do not. Examples
include motels, commercial, and light industrial buildings. Built before 2000.
[2] Fully Engineered _ Usually these buildings are designed for a specific site and thus receive specific,
individualized design attention from professional architects and engineers. Examples include high-rise office and
hotel buildings, hospitals, and most public buildings. Built after 2000.
D Other - These buildings do not fit into any of the descriptions listed above.
Provide evidence of miles Inland: (Mapquest, Street and Trips, or a/her) See Note # (2) On Notes
(2) Building Site (Miles Inland) 10
(3) Number of Stories Above Grade 5
Provide support documentation: Lefler from Engineer, Architect, Building Official or Property Appraiser Report.
(4) Construction Date 2007
(5) Historic Building Controls N/A
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ION r ~
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONL Y
Ie. Buil!Un~~iZe .and Use I
(I) Total Floor Area (SF) Provide support documentation: Letter from Engineer, Architect or Building Official; Copy of
sketch with the Area, Property Appraiser Report showing actual Total Square Feet.
See Nole # ( 3 ) on Notes.
130,000
(2) Area Occupied by Owner or PubliclNon-Profit Agencies 130,000
t~.j~~i~i~~y~tll~ I
(I) Building Replacement Value Provide supporting documentation if Building Replacement Value is more than $145/sffor
Commercial and $ J 3D/sf for Residential. (FEMA default). See Note # ( 4 ) on NOles.
$65,000,000.00
t'l.ilubd'mg Contents I
(I) Contents Description Furniture, AV equipment, Books, Schoo I Equipment
(2) Total Value of Contents Provide /iSI of the equipment. fUrniture, ele in dollors if the contents are more than 30% of
Building Replacement Value (FEMA defaults). Insurance Policy Documents are acceptable.
See Note /I ( 5) on Notes.
$19,500,000.00
[~.D~s~bllleinen~ Costs Due to Wiud I
(I) Rental Cost of Temporary Building Space ($Isflmonth) Provide support documentation if it is more than $ /lSFIMonth (FEMA default). A similar
building rental cost in the same area is acceptable. See Note /I (6) on Notes.
1.50
f~~Y:ll~~~lt~bU~Non~trofIt Service I
(I) Description of Services Provided Indicate type of service provided: Ex. Emergency, Security, Educational Services, Etc.
See Note /I (7) on Notes.
Emergency Services to Collier County, Florida
(2) Annual Budget of Public Non-Profit Agencies Provide support documentation, copy of the Annual Budget for the current fiscal year and
moke sure is related ONLY to the operation oj/he specific building to be retrofitted, notfor the
entire department, city or county. See Note /I (8 on Notes.
$10,000,000.00
r~:'~~~lJ#JJ+:f'ie~I)ata I
(I) Project Description Describe the Project: Ex InstallatIOn of Shutters in all windows, doors, bay doors, vents,
louver.t, skylights, Ete Should reflect project scope of work (Section I, B.). See Note /I (9) on
Notes.
New EOC construction
(2) Project Useful Life (Years) For Shutter; ifit is more than 15 years it is necessary to provide support documentation, letter
from (he vendor assuring the Shutler Useful Life. See Note /I (10) anNates
50
(3) Mitigation Project Costs $11,000,000.00
(4) Base Year of Costs 2007
(5) Annual Maintenance Costs ($Iyear) Provide support documentation if the Maintenance is other than 1% (FEMA default) of the
mitigation projeel cost. See Note # (11) anNates
$110,000
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Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONL Y
NOTES:
1. For Building Type include photos or building drawings, tax records or property appraiser document. Ifthe building was
built before 2000, it is a lightly engineered building.
2. For the Building Site (miles inland) provide the number of miles the site is located inland. Information may be compiled
with the aid of map-making applications such Mapquest, Streets and Trips, or other application with a scale.
3. For the Building Size (area to be protected), include property appraiser documentation, engineer or building official
document, homeowner tax records, survey, building drawings or any official document that shows the building size and
area.
4. For the Building Replacement Value (BRV), use FEMA default of $145.00/sf for commercial and $130.00/sf for
residential. If any other Building Replacement Value (BR V) is used, include insurance record, letter from local building
department, residential builder or property appraiser document that shows the specified value.
5. For Building Contents, use FEMA Default of30% of the Building Replacement Value (BRV). If the content is more
that 30% of Building Replacement Value (BRV), then include an insurance record, or as itemized list signed by
appropriate person from Finance Department. If it is a residential property include receipts, appraisal, estimates based on
current market prices.
6. For Displacement Cost (Rental Cost of Temporary Building Space), use FEMA default of $1.OO/sf/month or provide
documentation if a different value is used. A similar building rental cost in the area is acceptable.
7. For Description of Services Provided, indicate what type of service (Emergency, Security, Educational, Public, Library,
Water Treatment Services, etc).
8. For Annual Budget, use a line item operations budget from appropriate official such as the applicant's accountant,
finance department, etc. Spreadsheets are acceptable if signed by the appropriate official.
9. For the Project Description, describe the project and indicate number of openings, include all openings: windows, doors,
bay doors, vents, louvers, skylights, (required to protect the complete envelope of the structure). Also include the retrofit
of any exterior equipment such as HV AC units, or window A/C units, propane gas tanks, etc, which need to be bolted I
strapped to the slab, wall or roof.
10. For the Project Useful Life, use FEMA defaults, (15 years) for shutters and (30 years) for roof. Use documentation from
the vendor for anything more that the default values.
II. For Annual Maintenance Cost use the FEMA Default of I % of the Mitigation Project Cost. If other than 1% include
supporting documentation. Be aware that under "HMGP" FEMA will not pay Annual Maintenance.
12. All pictures should be identified as to building number, address, side of building (N,S,E, or W), and correlated to
itemized vendor listing (ex. Windows I opening # I on page I of vendor estimate).
All this information is necessary in order to expedite the review and recommendation process of the project.
26
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(Form No. HMGP/FMA-OOI. Eff.06/16/06)
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS1>Q~
Shelter Retrofit Project Only
Benefit Cost Data Collection Form
Please provide the following data and documentation for shelter retrofit projects only to determine the cost effectiveness of the project.
In addition to the Wind Retrofit Worksheet the Shelter Retrofit Worksheet must be completed.
"If the scope of work is the retrofit of a building to create a shelter, the shelter's design must comply with FEMA 361, Design and
Construction Guidance for Community Shelters. ..
Pro 'ect In ormation
(l) Building Name
(2) Address
(3) City, State and Zip
(4) County
(5) Owner / Applicant
(6) Contact Person
(7) Disaster Number
Data Needed
Answer
Docnmentation Needed
Sketch of building, copy of architectural or
engineering plans or letter from engineer / architect
Longest length of entire building in feet
Longest width of entire building in feet
Sketch of building, copy of architectural or
engineering plans or letter from engineer / architect
Letter from engineer or architect responsible for
shelter specifications
Shelter cons1ruction type (reinforced &
pre-cast concrete, reinforced masonry, un-
reinforced masonry, steel, wood, or user
defmed)
Letter from engineer or architect verifYing
cons1ruction type (If user defined chosen, please
provide estimates of the percent of occupants injured
and the percent of occupant fatality for the pre-
mitigation state of the building for each class of wind
speeds; fill out tables I and 2 below)
Windows, door and skylight area (Is the
window, door and skylight area greater
than, equal to or less than seven percent of
total wall and roof area)
Hurricane shelter occupancy. Maximum
capacity of shelter (Each person must have
a minimum of20 s uare feet
Project cost
Letter from engineer or architect
Letter from facility manager, building engineer, fire
marshal or local building inspector
Line item breakdown from contractor
Annual maintenance cost
Letter from contractor or facility manager
Project useful life
If FEMA default is not used, provide guarantee from
vendor or letter from engineer
Wind speed building is designed to
withstand in its re-miti ation state
Letter from engineer
27
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(Fonn No. HMGP/FMA-OOl, Eff.06116/06)
ION
..
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONL Y
Shelter Retrofit Project Only
Benefit Cost Data Collection Form (Continued)
Please use Table I and 2 to report the percent of occupants injured at various wind speeds. For lower wind speeds the percent injured
may be zero. For example, if the building, in its pre-mitigation state, was designed to withstand 120 mph winds, zeros would be entered
for the fIrst three rows of the Tables I and 2. Values for wind speeds above what the building is designed to withstand should be entered
only if supporting documentation is provided, otherwise the benefIt-cost module will calculate defaults values. Tables I and 2 will also
need to be fIlled out if "user defIned" is chosen as the shelter construction type.
Table 1. Percenta!!e (%) ofoccuoants iniured at various wind soeeds (ore-mitigatioo) (optional)
Wind speed (miles per hour) Percenta!!e (%) of occupants iniured
0-44
45 - 77
78 -118
119-138
139 - 163
164 - 194
195 -210
211-262
263 +
Table 2, Percenta!!e (%) of occuoant fatalities at various wind sneeds Inre-miti!!ation) (optional)
Wind speed (miles per hour) Percentage (%) of occupant fatalitv
0-44
45 - 77
78 -118
119-138
139 - 163
164 -194
195 - 210
211 - 262
263 +
Please use Table 3 and 4 only if supporting documentation is provided. It is not necessary to provide values for these tables because the
benefIt-cost module will calculate defaults values. However, ifvalues other than the default values are warranted, please fIll out Tables 3 and
4. These tables ask, "How effective will the project be at reducing injuries or death at each wind speed?" For example, the mitigation project
may eliminate 98 percent of injuries at wind speeds of 195 to 210 miles per hour.
Table 3, Effectiveness of mitilmtion in reducinl! iniuries (optional)
Wind speed (miles per hour) Miti!!ation effectiveness (%)
0-44
45 - 77
78-118
119-138
139 - 163
164 194
195 -210
211-262
263 +
28
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(Fonn No. HMGP/FMA-OOI. EfI06/16/06)
ION ,I
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONL Y
Shelter Retrofit Project Only
Benefit Cost Data Collection Form (Continued)
Table 4. Effectiveness ofmiti!!ation in reducin!! fatalities (ootional)
Wind sneed (miles oer hour) Miti!!ation effectiveness (%)
0-44
45 - 77
78 - 118
119-138
139 - 163
164 - 194
195 -210
211 - 262
263 +
29
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(Form No. HMGP/FMA-OOl. EfI06/16/06)
ION
COLLIER COUNTY
BUREAU OF EMERGENCY SERVICES
3301 East Tamiami Trail . Naples. Florida 34112 . (239) 774-8000 . Fax (239) 775-5008
April 9, 2007
Florida Department of Community Affairs
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attn: Leroy Thompson
Re: Emergency Operation Center (EOe) Hazard Mitigation Grant Program (HMGP)
Application
Collier County hereby submits a HMGP grant application under the provisions of HB
7121 (new county Emergency Operations Centers).
Collier County is in the process of breaking-ground on a state-of-the-art EOC which
meets or exceeds all State and Federal criteria and is contained within an Emergency
Services Center. In addition to providing a new county EOC facility, this Emergency
Services Center will also contain the county Emergency Management Department
Administrative Offices, a 911 Center, a Sheriff Substation, Emergency Medical Services
Administration Offices and Warehouse, Classroom and Training areas, Information
Technology back-up systems, and a Public InformationlMedia area and Studio.
Enclosed in this application packet is a complete breakout of the mitigation construction
cost (Tabs 9,10&11) as well as the other required documentation and information.
We are very excited about the potential this program offers Collier County's emergency
preparedness efforts and appreciate the opportunity to receive funding for our planned
EOC from this grant source.
If you have any questions, please feel free to call Jim von Rinteln in our Emergency
Management office at (239) 774-8911.
Sincerely, ~
@~
Dan Summers, CEM
Director, Emergency Management
-
~
Encls.
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,
y
ION
1
STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM &
FLOOD MITIGATION ASSISTANCE APPLICATION
THIS SECTION FOR STATE USE ONLY
FEMA-_-DR-FL o Standard HMGP 0 5% Initiative Application o Application Complete
o Standard FMA 0 Initial Submission or o Re- Submission
::iupport DO'OUmllnts ElIsible Applicant Project Type(s)
o Confonns wi State 409 Plan o State or Local Government D Wind
o In Declared Area o Private Non-Profit (Tax 10 Received) o Flood
o Statewide o Recognized Indian Tribe or Tribal Organization o Other: -
Community NFIP Status: (Check all that apply) Reviewer Phone#:
o Participating Community 10#: Reviewer FaX#:
o In Good Standing 0 Non-Participating 0 eRS Reviewer E.Mail:
Date Application Received:
State Application 10:
State Reviewer:
Signature: Date:
This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) and
Flood Mitigation Assistance (FMA) proposals. Please complete ALL sections and provide the documents requested. If you require
technical assistance with this application, please contact your State Emergency Management Division at (850) 911-5169.
A. To Fill Out This Application: Complete all sections, which correspond with the type of proposed project
Attachment A:
Attachment B:
General Applkation Sections: pp.I-5: All Applicants must complete these sections
Environmental Review: pp. 6-9: All Applicants must complete these sections
Maintenance Agreement: p. 10: Any Applications involving public property, public ownership, or management of property
Acquisition Worksheet: pp.l 1- I3: Acquisition Projects only -- one worksheet per structure
Elevation Worksheet: pp.14-18: Elevation Projects only -. one worksheet per structure
Drahrage Worksheet: pp. 19.21: Drainage Projects only
Wind Retrofit Worksheet: pp. 22-24: Wind retrofit projects only (HMGP only) -- one worksheet per structure
pp. 25-27: Wind retrofit/shelter projects only (HMGP only) -- one worksheet per structure
FEMA Fonn 90-49 (Request for Public Assistance): All Applicants must complete, ifapplicable.
HMGPIFMA Application Completeness Checklist: All applicants are recommended to compiete
this checklist
B, Applicant Information
FEMA-Blank-DR-FL
DISASTER NAME: Blank
Ex.. FEMA-1609-DR-FL: Hurricane Wilma
Title I Brief Descriptive Project Snmmary: Collier County Emel1!encv One rations Center
I. Applicant (Organization): Collier County Board of County Commissioners
2. Applicant Type:
[8l State or Local Government 0 Recognized Native American Tribe 0 Private Non-Profit
3. County: Collier
4. State Legislative District: FL Congressional District(s): 14 House: 76 Senate: 37
5. Federal Tax J.D. Number: 59-6000558
6. FIPS Code': 021-99021-00 ('if your FIPS code is not known, please fill out FEMA Fonn 90-49 (Attadunent A) so that the
Department may obtain a FIPS code for you)
7. National Flood Insurance Program (NFIP) Community Identification Number (this nwnber can be obtained from the FIRM map
for your area): 120067
8. NFIP Community Rating System Class Number (FMA ONLY): M
9. NFIP Last Community Assistance Visit Date (FMA ONLY): NA
10. Attach proof of current Flood Insurance Policy (FMA only). Flood Insurance Policy Number: !!
1
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Page I of 32
STA TE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM &1 0 N ;1
FLOOD MITIGATION ASSISTANCE APPLICATION
II. Point of Contact
OMs. [8]Mr. OMrs. First Name: Jim Last Name: von Rinteln
Title: Emer~encv Mana~ement Coordinator
Street Address: 3301 Tamiami Trail. 1" Floor Bui]din~ F.
City: Naples State: FL Zip Code: 34112
Telephone:-2397748911 Fax: -2397755008
Email Address(ifavailable):JamesVonRintelnliilcolIier~ov.net
12. Application Prepared by: OMs.
Title: EM Coordinator Telephone:
[8JMr. DMrs.
239-774-8911
First Name: James
Fax: 239-775-5008
Last: von Rinteln
13. Authorized Applicant Agent (pro%/authorization authority required)
OMs. [8]Mr. OMrs. First Name: James Last Name: Coletta
Title: Chairman. Board of Countv Commissioners Telephone: 239-774-8097Fax: 239-774-3602
Street Address: 3301 East Tamiami Trail
City: Naples State: FL Zip Code: 34112
D'/{)';)/D'J
Signature: Date:
14. All proposed projects should be included in the county's Local Mitigation Strategy (LMS).
Attach is a letter of endorsement for the project from the county's Local Mitigation Strategy Coordinator.
[8] Yes 0 No
15. Has this project been submitted under a previous disaster event? If so please provide the disaster number and project
number if available. No
Section I. Project Description
A, Hazards to be Mitigated I Level of Protection
1. Select the type of hazards the proposed project will mitigate:
o Flood 0 Wind 0 Storm surge [8] Other (list): ALL
2. IdentifY the type of proposed project:
o Elevation and retrofitting of residential or non-residential structure
o Acquisition and relocation 0 Acquisition and demolition
o Wind retrofit 0 Minor drainage project that reduces localized flooding
[8J Other (please explain) EOC
3. List the total number of persons that will be protected by the proposed project: 200
4. Fill in the level of protection and the magnitude of event the proposed project will mitigate.
(e.g. 23 structures protected against the 100-year (1%) flood)
! structure(s) protected against the 500 -year Flood (10,25,50.100, or 500 year)
! structure(s) protected against 175 mile per hour (mph) winds
5. Engineered projects only (e.g. Drainage Improvements, Erosion Control or other special project types. (Other
special project types include drainage and other engineered projects. These projects are unlike acquisition,
elevation or wind retrofits/shutters.)) Attach to this page ALL engineering calculations and design plans used to
determine the above level of protection.
6. Project will provide protection against the hazard(s) above for 50 years (i.e., what is the useful life of the project)
2
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11
B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail)
Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will
solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate
and/or a contractor's bid for the scope of work. Please ensure that each proposed project is mitigation and not
maintenance.
Description of the existing problems- The current Emergency Operations Center (EOC) for Collier County Florida is located
within its main administraton building consisting of 1,090 square feet, and does not meet any of the Federal, State or local
requirements or guidelines for workspace or hazard resistance and survivablity.
Describe the type(s) of protection that the proposed project will provide- This project will provide protection that meets or
exceeds Federal (CPG 1-20 & DOE-STD-l 020-2002), American Red Cross (ARC 4496) and the Florida building code
requirements (Florida Building Code 2004, Test Protocols for High-Velocity Hurricane Zones).
Scope of Work (describe in detail, what you are planning to do)- This project will provide a new EOC within a multi-
functional building, designed from the ground up to be disaster resistant and to assure continuity of County Operations.
Approximately 17,255 square feet of this facility is dedicated as a fully functional Emergency Operations Center (EOC) and
is central to the design of this complex. which also includes; a new 911 center, Emergency Medical Services administrative
and warehouse space, a Sheriff sub-station, Emergency Management administrative offices, Information Technology back-up
center, Public Information/Studio spaces.
Describe any other on-going or proposed projects in the area that may impact, positively or negatively the proposed HMGP or
FMA project- This project is co-located with the County's new South Regional Library project which will provide additional
parking, acreage and meeting areas before, during and after a disaster. Additionally. the new Physicians Regional Medical
Center (Collier) is located approximately 1/2 mile to the Southeast.
Section II, Project Location (Fully describe the location of the proposed project.)
A. Site
I. Describe the physical location of this project, including street numbers (or neighborhoods) and zip codes; and if
available, please provide precise longitude and latitude coordinates for the site utilizing a hand-held global
positioning system (GPS) unit or the equivalent: 8125 Lely Cultural Parkway, Naples FL 34113.
26 06' 18.887 081 41' 40.381
2. Title Holder: Collier Con"tv Government. FL
3. Is the project site seaward of the Coastal Construction Control Line (CCCL)? DYES
t8JNO
4. Provide the number of each structure type (listed below) in the project area that will be affected by the project.
That is, all structures in project area.
D Residential property: _ D Businesses/conunercial property: -
t8J Public buildings: 1 D Schoolslhospitalslhouses of worship: -
D Other: _
B, Flood Insurance Rate Map (FIRM) showing Project Site
18I Attach two (2) copies of the FIRM map, a copy of the panel information from the FIRM, and, if available, the
Floodway Map. FIRM maps are requlredfor this application (lfpubllshedfor your area). Also, all attached
maps must have the project site and structures clearly marked on the map. FIRMs are typically available from
your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also
be ordered from the Map Service Center at 1-800-358-9616. For more information about FIRMs, contact your local
agencies or visit the FIRM site on the FEMA Web-page at http://www.fema.l!ovlhomelMSC/hardcopv.htm
Using the FIRM, determine the flood zone(s) ofthe project site (Check all zones in the project area).
(see FIRM legend for flood zone explanations) (A Zone must be identified)
3
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i '11
0 VEorV 1-30 t8J AE or AI-3D
0 AO or AH 0 A (no base flood elevation given)
IZI B or X (shaded) 0 C or X (unshaded)
0 Floodway
0 Coastal Barrier Resource Act CCBRA) Zone (Federal regulations strictly limit Federal funding for projects in
this Zone; please coordinate with your state agency before submitting an application for a CBRA Zone project).
0 If the FIRM Map for your area is uot published, please attach a copy of the Flood Hazard Boundary Map (FHBM)
for your area, with the project site and structures clearly marked on the map.
4
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C. City or County Map with Project Site and Photographs
I:8J Attach a copy of a city or county scale map (large enough to show the entire project area) with the project
site and structures marked on the map.
o Attach a USGS] :24,000 TOPO map with project site clearly marked on the map.
o For acquisition or elevation projects, include copy of Parcel Map (Tax Map, Property Identification Map,
etc.) showing each property to be acquired. The map should include the Tax ID numbers for each parcel, if
possible.
[gJ Attach photographs Cat a minimum 2 photographs) for each project site per application. The photographs should
be representative of the project area, including any relevant streams, creeks, rivers, etc. and drainage areas,
which affect the project site or will be affected by the project. For each structure, please include the following
angles: front, back and both sides.
Section Ill.
Budget/Costs
In this section, provide details of all the estimated costs of the project. As this infonnation is used for the Benefit-Cost Analysis,
reasonable cost estimates are essential. Since project administrative costs are calculated on a sliding scale. do not include them in the
budget. Also, do not include contingency costs in the budget.
A. Materials
Item
see Anac e
Dimension
nuantitv
Cost ner Unit
Cost
B. Labor (Include equipment costs -- please indicate all "soft" or in-kind matches)
Deserin/ion Hours Rate
Cost
C. Fees Paid Include any other costs associated with the project.
Deserin/ion of Task Hours
Rate
Cost
Total Estimated Project Cost $_
5
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D. Funding Sounes (round figures to the nearest dollar)
The maximum FEMA sharefor HMGP/FMAprojects is 75%. The other 25% can be made up of State and Local funds as well as in-
kind services. Moreover, the FMA program requires that the maximum in-kind match be no more than 12.5% ofthe total project costs.
HMGPIFMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds which lose their
Federal identity at the State level- such as CDBG, ARS, HOME) may not be used for the State or Local match.
EslinUJled FEMA Share
$8.250.000.00 75% of Total (maximum of75%)
Non-Federal Share
Estimated Local Share
$2.750.000.00 25% ofTotal (Cash)
$Q Q% of Total (In-kind')
$Q Q% of Total (Project Global Match")
Olher Agency Share
$Q
Q% of Total
(IdentifY Other Non-Federal Agency and availability date: N/A)
Total Funding sources from above
$11.000.000.00 100Total % (should equal 100%)
.Identify proposed eligible activities directly related to project to be considered for In-kind services. (Note on Page 4 Section B)
..Separate project application must be submitted for each project (Global) Match project.
E. Project Milestones/Schedule of Work
List the major milestones in this project by providing an estimated time-line for the critical activities not to exceed a period of3 years
for perfonnance. (e.g. Designing, Engineering, Permitllng, elc.)
Milestone
Number of Davs 10 Comolele
rEx,. Demolition of 6 structures and removal of debris 14 daysl
Desilm IEngineerin., PennittiDl!. etc.) Comolete
Site work 90 davs
Construction 420 davs
Commissionin. 120 davs
Overationa! NLT earlvOan/Feb) '09
6
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ION
Section IV.
Environmental Review and Historic Preservation Compliance
(NOTE: This application cannot be processed if this section is not completed.)
Because the HMGPIFMA are federally funded programs, all projects are required to undergo an environmental and historic preservation
review as part oftbe grant application process. Moreover, all projects must comply with the National Environmental Policy Act
(NEP A) and associated Federal, State, Tribal, and Local statotes to obtain funding. NO WORK can be done prior to the NEP A
review process. If work is done on your proposed project before the NEP A review is completed, it will NOT be eligible for
Federal funding.
1. The following information is required for the Environmental and Historic Preservation review:
All projects must have adequate documentation to determine if the proposed project complies with NEP A and associated statutes. The
State Environmental Stajfprovide comprehensive NEPA technical assistance/or Applicants, with their consent, to complete the NEPA
review. The type and quantity ofNEP A documents required to make this determination varies depending upon the project's size, location.
and complexity. However, at a minimum, please provide the applicable documentationfrom this section tofadUtate the NEP A compliance
process.
l2J Detailed project description. scope of work, and budgeVcosts (Section I (p. 2) and Section 1II (p. 5) of this application).
l2J Project area maps (Section II, part B & C of this application (pp. 3-4)).
IZI Project area/structure photographs (Section II, part C of this application (p. 4)).
IZI Preliminary project plans.
IZI Project alternatives description and impacts (Section IV oftbe application (pp. 6-8)).
IZI Please complete the applicable project worksheets. Dates of construction are required for all structures.
[8J Provide any applicable information or docwnentation referenced on the Information and Documentation Requirements by
Project Type (page 9 of this application).
2. Alternative Actions
The NEP A process requires that at least two alternative actions be considered that address the same problem/issue as the proposed
project. In this section, list two feasible alternative projects to mitigate the hazards faced in the project area. One alternative is the
"No Action Alternative",
1, No Action Alternative
Discuss the impacts on the project area ifno action is taken.
N/A
7
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Section IV, Environmental Review;
(NOTE: This application cannot be processed if this section Is not completed,)
Alternative Actions, con tinned
2. Other Feasible Alternative
Discuss a feasible alternative to the proposed project. This could be an entirely different mitigation method or a significant
modification to the design of the CUlTent proposed project. Complete all of parts a-e (below) and include engineering details
(if applicable).
a. Project Description for the Alternative
Describe, in detail, the alternative project. Also, explain how the alternative project will solve the problem(s) andlor
provide protection from the hazard(s).
N/A
b. Project Location ofthe Alternative (describe briefly)
o Attach a map or diagram showing the alternative site in relation to the proposed project site
o Photographs (2 copies) ofaltemative site
N/A.
c, Scope of Work for Alternative Project
8
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Section IV,
Environmental Review;
Alternative Actions, continued
d. Impacts of Alternative Project
Below, discuss the impact of this alternative on the project area. Include comments on these issues as appropriate:
Environmental Justice, Endangered Species, Wetlands, Hydrology (Upstream and Downstream surface water
Impacts), FloodplainlFloodway. Historic Preservation and Hazardous Materials.
e, Estimated Budget/Costs for Alternative Project
In this section, provide details of all the estimated costs ofthe alternative project (round figures to the nearest dollar). A lump stun
budget is acceptable.
1. Materials
Item
Dimension
/h'antin.
Cost ner Unit
Cost
2. Labor (Include equipment costs -- please indicate all "soft" or in-kind matches)
Descrintion
Hour..
Rate
Cost
3. Fees Paid Include any other costs associated with the project.
Descrintion o;Task Hours Rate
Cost
Total Estimated Project Cost $_
9
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HMGPIFMA ENVIRONMENTAL REVIEW
Information and Documentation Requirements by Project Type
Retrofits to Existing Facilities/Structures
Elevations
Acquisitions with DemoUtion
., Dates of Construction
., Concurrence from State Historic Preservation Officer if structure is 50 years or
older or if work to be done is outside the existing footprint.
Drainage Improvements
., Engineering plans/drawings
., Pennit or Exemption letter to address any modifications to water bodies and
wetlands
o Department of Environmental Protection
o Water Management District
o U.S. Army Corps of Engineers
., Letter from State Historic Preservation Office addressing archeological impacts.
., Concurrence from U.S. Fish and Wildlife addressing any impacts to wildlife,
particularly endangered and threatened species and their habitats.
., If the project is in coastal area, attach a letter from the National Marine Fisheries
Service addressing impacts to marine resources.
v" Concurrence from Natural Resource Conservation Service if project is located
outside city limits and may impact prime or unique farmland.
Note: This is a general guidelinefor most projects. However, there will be exceptions.
Consult with environmental staff on project types not listed.
10
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ION I
Section V,
Maintenance Agreement
All applicants whose proposed project involves the retrofit or modification of existing public property or
whose proposed project would result in the public ownership or management of property, structures, or
facilities, must first sign the following agreement prior to submitting their application to FEMA,
(NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to
private property where the ownership will remain private after project completion DO NOT have to complete
this form.)
The CountvofCollier, State of Florida, hereby agrees that
(City, Town, County)
ifit receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own
expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or
constructed as a result of such Federal aid. Routine maintenance shall include, but not be limited to, such
responsibilities as keeping vacant land clear of debris, ~arbage, and vermin; keeping stream channels, culverts, and
storm drains clear of obstructions and debris; and keepmg detention ponds free of debris, trees, and woody growth.
The purpose ofthis agreement is to make clear the Subgrantee's maintenance responsibilities following project
award and to show the Subgrantee's acceptance of these responsibilities. It does not replace, supercede, or add to
any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of
project award.
Signed by James Coletta the duly authorized representative
(printed or typed name of signing official)
Chairman of the Board of Co un tv Commissioners,
(title)
this ~d(day) of I1ht- (month),.dt&.tl (year).
S;~rure' ~r4I
Janes letta, Chainuan
'Please note: The above signature must be by an individual with legal signing authority for the
respective local government or county (e.g., the Chairperson, Board of County Commissioners or the
County Manager, etc.)
\ ,j,"1 r):,
Al'TES'r.. .' .
DWIGHT Ii. SAocK,a..
By:
-'
Attest IS i.b
s 19I'1at,Ur~?tl \ .
.C
s
Page 11 of 29
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(Fonn No. HMGP/FMA-OOl, Eff.06J\6/06)
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,
I
Property Acquisition Worksheet
Acquisition Projects Only
A. Prepare a separate worksheet for each individual Dronertv to be acquired. Please note: Participation in
an acquisition project must be voluntary on the part of the property owner.
o Include at a minimum four (4) color photographs showing a front view, a side view, and a back view areach structure to
be acauired. Photos of the surrounding area may also be attached. Attach photographs to the worksheet for that
property
B. Site Information:
1. Owner's Name: (Must be the nerson whose name is on the nTooertv's DEED)
Social Security Nwnber: _ (needed for duplication of benefits (DaB) determination)
Spouse's name (if applicable): _
Spouse's Social Security Number: _ (needed for duplication of benefits (DaB) determination)
2. Street Address (including city, state and zip code) or PhysicaJ/Legal Location:
3. If the structure is located in a Special Flood Hazard Area (SFHA) and was substantially damaged (i.e., greater than 50%)
you must obtain a Substantial Damage Certificate signed by the Local Building Or City Official (preferably using
FEMA's Residential Substantial Damage Estimator (RSDE) software).
Please Note: The data for nwnbers 4, 5, and 6 ofthis part of the application and all of Section D are not required if the structure Is
located in the SFHA and a Substantial Damage Certificate Is attached.
4. Base Flood Elevation of Property: _ (Obtained from Elevation Certificate)
5. Lowest (Finished) Floor Elevation of Principal Structure: _ (Obtained from Elevation Certificate)
6. Depth of water in the structure_ feet(s) _ inches.
For _ hour(s), _ day(s), _ week(s), _ month (s).
7. Post Mitigation Property Use: _
The land must be returned to and maintained as open space. It will be restricted in perpetuity to open space uses as
outlined In 44 eF.R. 206.434(e}, .
C. Structure Information: (Obtained from tax records. 8DDraisalletters from homeowners. title documents)
I. Attach a copy of the local government Tax Assessor's record for the subject property; and, if available, a tax map.
2. Building Type: (check one)
D I-story wlo basement D 2-story wlo basement D Split-level wlo basement D Split level with basement
D I-story with basement D 2-story with basement D Mobile Home D Other: _
3. Building Use: (check all that apply)
D Primary Residence D Rental Property
D Public Building D House of Worship
D Secondary Residence
D Multi-Family
D Commercial Property
D Other:_
4. Construction Type:
D Wood Frame
D Concrete Block
DBrick
D Other:_
5. Date of Construction for the structure: (if structure is older than 50 years, attach letter from State Historic Preservation
Officer): _
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Property Acquisition Worksheet continued
Acquisition Projects Only
6. Total Square Footage of Principal Structure_
(Include Prooertv Aooraisal documentation. Building Drawings)
7. Estimated Cost to Replace Principal Structure (Best estimate i, with Appraisal): $_/ square foot.
8. Are there accessory or out buildings on the property? DYes D No If Yes, D Attached D Detached
Please describe (location, type of structure, age, value):
9. If the project involves the acquisition ofa commercial property YOll must complete a Hazardous Materials Questionnaire for
that property. If applicable, please contact the HMGPIFMA Environmental Section at (850) 922-5914 for a copy of the
questionnaire.
D. History of Hazard sID am age' (to the Property being acquired)
List all current and past damages to the property (including damages to the structure, its contents, and any displacement costs).
Include damage from declared disaster events AND other hazard events that did not result in a presidential declaration. Damages
should be tied tu one event. EXAMPLE: On August 13th, 2004, Hurricane Charley caused $25,000 in roof repairs. Provide
proof orall eosts of repairslreplacementIDisplacement/StructurelContent with receipts, insurance claim documents, work
orders, repair or damage estimates, etc. . . NOTE: These data are not required if the property is located in the Floodway or if a
Substantial Damage Certificate (for most recent disaster) is attached.
Ex, 9125/04
Ex. Hurrlc8:l1e Char'ley -
2' year event per NOAA
wel'Jlsjte
Ex. Kilt-tieane Frftnces~
3'year event per NOAA
website
Ex,. Hurricane Jeanne--
2 year evedt 'per NOAA
w~bsite-
Ex. 3 feet of water in house
Ex. IS" water in den
Ex. SBA loan Cor $nO,OOO::Building
damages - $69,114 Content damages -
$20,734
Ex. Attached estimate for building
damage. of $58,515
Ex.9/dS/o4i
Ex. 2 feet of water in living room
Note regarding damage estimates: the date, level of event, description of damages, and cost of repairs/replacement must be specific to
ONLY the building under consideration. Coun/yWide damage eslimates (e.g.. Hurricane Irene, 1999 caused 2 mil/ion dol/ars damage)
cannot be used. Additionally, vague information is not useful or acceptable in lieu ofspeciflc building damage estimates. Please include a
I3
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(Form No. HMGPIFMA-OOJ, Eff.061l6106)
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contractor's Itemized repair estimate, if possible.
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Page 14 of 32
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Property Acquisition Worksheet continued
Acquisition Projects Only
E. Acquisition Cost Worksheet: (THIS SHEET SHOULD REFLECT INFORMATION FROM APPRAISALS AND VENDOR ESTIMATES)
Pleasefill out a separate Acquisition Cost Worksheetfor each property to be acquired (Jfyour project involves the acquisition of several
properties, you may wish to develop a single spreadsheet that lists each property. The spreadsheet should contain all of the information
frelds in the Acquisition Cost Worksheet below).
Other
Costs
NA
NA
NA
NA
NA
NA
NA
NA
$
$
$
$
$
$
$
$
Project Cost Information
Owner's Full Name:
Spouse's Full Name (if applicable):
Mailing Address:
City, State, ZIP:
Property Address:
Tax Parcel Identification Number:
Year Built:
Square footage of the building:
Pre.Disaster Fair Market Value.. (IdendfySouTce: i,e. Appraisal, Report, Insurance-->
Estimated Cost of Demolition (include debris removal, gr.ding, seeding)
Estimated Appraisal Costs
Property Survey Costs
Closiug Costs (usually handled by a title company)
Relocation Assistance
"Please note: The community may determine the pre-disaster fair market value by using either the local tax assessed value
(plus a percentage to approximate market value) or a State Certified Property Appraiser's estimate. In either case, the
market value must be based on pre-disaster conditions. Also, if a local tax assessed value is used, a letter from the Local
Property Appraiser must accompany the application.
15
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Elevation Worksheet
Elevation Projects Only
NOTE: Recommended elevation for Coastal Areas is at least two feet above the Base Flood Elevation or Local Code.
Please provide damage history for the structure under consideration only, Also, an entire HMGPIFMA application must be
completed for each structure to be elevated,
[8j Include at a minimum four (4) color photographs showing a front view, a side view, and a back view of the
structure to be elevated (North, South, East and West) and area view (facing away from the structure,
toward street and toward backyard). Attach photographs to the property worksheet.
A. Site Information:
1. Owner's Name: Collier Countv Government
Social Security Number: N/A (needed for duplication of benefits (DOB) determination)
2. Spouse's Name (if applicable): N/A
Spouse's Social Security Number: N/A (needed for duplication of benefits (DOB) determination)
3. Street Address (including city, state and zip code) or PhysicallLegal Location:
8125 Lelv Cultural Blvd.. Nanles FL 34113
B. Structure Information: (Obtained tax records, appraisals, letters from homeowners)
1. Building Type: (check one)
o I-story w/o basement 0 2-story w/o basement 0 Split-level w/o basement
o I-story with basement 0 2-story with basement 0 Mobile Home
o Split level with basement
I8J Other: EOC
2. Building Use (check all that apply)
o Primary Residence 0 Rental Properly
I8J Public Building
o House of Worship
o Secondary Residence 0 Commercial Properly
o Multi-Family 0 Other: _
3. Construction Type: 0 Wood Frame
o Concrete Block
[gJ Other: Reinforced Concrete
4. Foundation Type:
o Slab on Grade
o Crawl Space
o Block Foundation
[gJ Other: Pilings
5. Date of original construction for the structure: 2007
6. Date of modification/upgrade to the structure (if applicable): N/A
7. What is the pre-disaster value of the building? S50 million (Provide a copy of Tax Assessor's record, or certified appraisal)
8. What is the total value of the contents of the building? S20 million (If uncertain, a value ofS20,OOO or 30% of the
Building Replacement value. which ever is greater)
(THE FOLLOWING DATA IS REQUIRED TO CONDUCT A BENEFIT COST ANALYSIS) (Provide documentation such as:
photographs, etc.)
9. What was the depth of flooding in the building? NI A Feet. _Inches.
10. How long was the building flooded? N/A Hours, _ Days, _ Weeks, _ Months.
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Elevation Worksheet continued
Elevation Projects Only
11. Elevation Information
Total Square Footage of Principal Structure: 130.000 so ft
Lowest (Finished) Floor Elevation of Principal Structure (above sea level): N/A
Proposed Elevation Height (above sea level) minimum of2 feet of free board above BFE is required:
23 Feet
!! Inches
Proposed Foundation Type for Elevated Structure: tzI Columns
tzI Pilings
tzI Other: Fill
C. Required information for elevation projects located in 8 V-zone or numbered A-zone only:
1. What is the elevation of the bottom of the lowest horizontal structure member of the building? 23' 6"
(A copy of the surveyor or engineer's Elevation Certificate for the building Is required. Elevation Certificate costs should be
added to the application project costs)
2. What is the Base Flood Elevation (BFE) at the building site? 12' 0"
3. From the FEMA Flood Insurance Study (FIS), which includes the project site, fill out the appropriate table below?
.Please Note: (FIS) can be ordered from the Map Service Center at 1-800-358-9616. For more information about (FIS),
contact your local agencies or visit the (FIS) site on the FEMA Web-page at httu://www.fema.20v/MSC/fis.htm
If located in a Riverine Flood Zone Inumbered A-zone or AE zone) fill in the followin" table:
Flood Freq uency Peak Discharge (CFS) Stillwater Elevation
lO-year
50-year
100-year
500-year
If located in a Coastal Flood Zone (V-zone or A-zone subiect to storm sume) fill in the followin.. table:
Flood Frequency Stillwater Elevation
lO-year
50-year
100-year
500-year
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Elevation Worksheet continued
Elevation Projects Only
D. History ofHazardsJDamages (to tbe structure beiug elevated)
List all current and past damages to the structure (including its contents). Damages must be fully documented (i.e., you may be asked
to produce supporting evidence for any claimed damages). Include damage from declared disaster events AND other hazard events
which did not result in a presidential declaration.
Note regarding damage estimates: the date, type of event. and description of damages must be specific to ONLY the building under
consideration. Countywide damage estimates (e.g.. Hurricane Irene, 1999 caused 2 million dol/ars damage) cannot be used
Additionally, vague information is not useful or acceptable in lieu of specific building damage estimates.
Ji)lU1llJge COlIf.t!) Strocturl>
(aamag.. teqllir. proof of
InsuraWte clail1'li.,:recei~l ete:.)
DaQNtgllC!)s:f,t9C!)..~..t
(l)rjlftaB~ ~pro~~~
InS1!rlllite el.lli1~.....61Ilfl1!;'
.to,) .
li'X.
101.20199
Ex.
Hurricane Irene; Storm Surge
Ex.
Ex.
$36,000,00
$15,000.00
1f/1Y04
Ex.
llurric"ne Charley - Closed Basin
flooding
Ex.
Hurricane Frances...Stonn Surge
Ex.
3 feet o/water in house
Ex.
County Pumping - $15,000
dx.
9105104
Ex.
2 feet of water in living room
Ex. SIIA lOan faT $110.000:
Bldg damages - $69,114
Content damages _ $20,734
Ex. A(tached esll",a'" for
building diJ",ages of
$58,515
&.
9B5104
Ex.
llurrlcane Jeanne-Lake Okeechobee
Water Level Ovetflow
Ex.
18" water in den
NIA
Note: Flood Insurance Policies must be purchased for all structures that are part ofa FEMA elevation project. For more infonnation contact
the Floodplain Administrator in your area or visit the National Flood Insurance Program (NFIP) Web Page at (httn:llwww.fema.2ov/nfio)
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Elevation Worksheet continued
Elevation Projects Only
E. Elevation Cost Information - Elevation Worksheet
Use the Elevation Cost Worksheet below to develop a detailed cost estimate, which must include aU project costs. Any project costs that do not
clearly fall under the specified categories should be submitted to the Department for review and determination of funding eligibility under the HMGP
and the FMA program For straight elevation the structure must be retrofitted to the wind load requirements (Le. storm shutters, hurricane clips,
etc.). Complete pages 20-22 of/he Wind Retrofit Worksheet. This worksheet should have all the items from the vendor est/male provided as
~,111s re~~.lred 10 be lia.d Oul comnlel.lvll l\:q>llll!lIl'1on Of~O$ts TMlItitzllsls
, '1i\l1ici.~t6ft . (e'~'; 'U.lfems @}140.~.h)
".-",;~.,...,:.\;~..:,.,...:~
PermittlngIRe<ordinglLegal Fees
Ex. LS (Lump Sum) Ex. 5500.00
Demolition Permit $
Building Permit(s) $
Plumbing, Electrical, Mechanical Permits $
Recording Fees $
Legal Fees $
Plllnnih~o:itlI.fi..ign
SUlVeying and Site Layout $
Ex.. I @ $300.00 Ex.. $300.00
Elevation Certificate(s) $
Engineering Design for Elevated Slructure $
SltePi"~"llrlltion
Ex.. 2000 SQ_FT@S2.301SQ-FT Ex. $4,600.00
Structural Demolition $
Lot Clearing $
Debris Removal and Disposal $
Ex. 2000 SQ-FT@ $0.75/SQ-FT Ex. $150.00
ExcavationIFilI for Grading $
Retro1it~gtElevation of an Exis!i~ St.uctnre
Concrete & Block Work; Masonry Work $
Drilling & Installation of Piers, Columns, or Piles $
Beams and Columns $
Embedment and Sealant $
Foundation Walls $
Slructural Steel Work $
Bracing and Anchoring $
Lifting/Jacking/Elevating $
Backfilling $
Detachment and Reattachment (of elements affixed to structure) $
Sub-Total for Page $
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Elevation Worksheet continued
Elevation Projects Only
Sub-Total from previous page $
~~, "'."" ,. .
<':f;'! '
""""" ~!l~liIe.fl\llI$
lil~planation of costs
(..g., 11 items @ SilO e.ch)
Total "Costs
New Construction
Sub-flooring
Wall and RoofFraming and Shell Construction
$
$
$
$
$
$
$
$
$
$
Exterior Doors and Windows, Insulation
Hurricane Clips/Ties
PorcheslDecks (ifpre-existingj
Stairs and Railings
Plumbing Rough-in (for supply and drain, waste and vent)
Electrical Rough-in (main circuit panel,junction boxes and outlets)
Installation of ductwork for, ventilation, and air conditioning
Final Clean-up
SYSWns EtttnSions (for elevated buildings only not for new construction)
J:.1.1,vnR
r+Materials
Ex, $1,150.00
Electrical Service
PlumbingfWater Service
$
$
$
$
$
$
Sewer/Septic System
HV AC and Ductwork; Elevating Mechanical Equipment
Additional Insulation
Roof and Foundation Drainage Systems
Soil Stabilization/Retaining Walls
Landscape Replacement/Restoration (for landscaping disturbed by construction)
Evaluated on a case-by-case basis
$
l)iSplilctment Costs
Moving Costs
Temporary Storage Costs
$
$
$
Temporary Living Facilities Costs
OtllerEligible Costs (list additional costs to be detennined by the Department for eligibility under the HMGPIFMA programs)
Other(s): $
Total Eligible Project Costs $
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(Fonn No. HMGP/FMA-oOl, Eff.06/16/06)
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Drainage and Other Special Project Type Worksheet
(Other special project types include drainage and other engineered projects. These projects are unlike acquisitions, elevaUons or wind
retrofits (shutters)).
Municipality/County:
Project Title: _
Please fill out this worksheet completely. Note: The required information is necessary for the completion of the application process
and the technical and engineering review.
I. Attach a Flood Insurance Rate Map (FIRM) and indicate the project area. Make sure the Community Identification Number is
displayed on the front of the map.
2. Attach a City or County Scale Map and identify the entire project area.
3. Attach a topographical map of the study area.
4. Is a Flood Insurance Study of the Area Available? Yes 0
No 0
What is the Community Name? _
What is the Community Number? n/a
What is the FIS publication date? nla
~
5. How many structures within the study area were flooded? ,
(a) Attach a copy of the County Property Appraiser Report for each structure, including address.
Note: A current Uniform Residential Appraisal Report, current Real/or Summary Appraisal, RS Means Cost
Estimate or Marshall & Swift cost estimate are a/so acceptable supporting documentation.
(b) Indicate the first floor elevation of each structure. n/a
(c) What was the depth of flooding inside each structure (inches andlor feet)? n/a
(d) How long (hours andlor days) was each structure flooded? n/a
(e) Please provide an annual maintenance cost for the drainage improvement solution._
Note: Although FEMA does not fund the maintenance of a project,' this cost is needed/or the benefit cost analysis
and the performance a/the drainage improvement system.
6. How many structures within the study area experienced yard flooding only? Q.
(a) Attach a copy of the County Property Appraiser Report for each structure including address.
Note: A current Uniform Residential Appraisal Report, current Realtor Summary Appraisal, RS Means Cost
Estimate or Marshall & Swift cost estimate are also acceptable supporting documentation.
7, Frequency of Event Provide specific day, month and year per flooding event for each structure,
1) n/a
2)_
3)_
4)_
5)_
6)_
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Drainage and Other Special Project Type Worksheet continued
8. Provide the dollar amount for each insured flooded structure (Proof ofloss includes National Insurance Claims, etc.. .).
1) n/a
2)_
5)_
3)_
6)_
4)_
9. LOSS OF FUNCTION
(a) List the roads within the study area that were ciosed due to flooding, and how many days closed. Estimate the number of
one-way traffic trips per road and indicated the detour or delay time per one-way trip (in hours.)
I) n/a
3)_
2)_
4)_
Note: Datafrom the Department a/Transportation, Public Works Division, or any other credited source is acceptable.
10. Was any Non ProfitJPublic Faciiity affected by flooding? Yes 0 No 0
If yes: Indicate the name of the Non Profit/Public Facility that could not provide services due to flooding.
11. What is the Annual Operating Budget Amount for the facility or facilities mentioned above?
Note: Do not include maintenance cost within the Annual Operating Budget.
$
$-
$
12. Provide photographs ofthe damaged properties and areas.
13. Have preliminary plans for the drainage improvement project been completed? If yes, a copy should be submitted.
Yes 0
NoD
14. Have final approved plans and/or final hydrologylhydraulic studies from a professional engineer or consultant for the
proposed drainage improvement project been completed?
Yes 0 NoD
If yes, provide final plans and/or hydrologylhydraulic study.
Name of the consulting frrm:_
Project engineer name: _
Telephone number: _
E-maii address:
15. Provide an estimated project budget with cost break down by line item. A Swmnary Report from the consultant or
Professional Engineer describing the problem and the proposed solution with the necessary supporting Engineering
Calculations for the project/solution. The report should also certify the level of protection and the magnitude of event the
completed scope of work will mitigate. (Example: 40 homes will be protected against a 100 Year Flood Event.) Finally, the
report should provide an estimate of damages that is anticipated for events beyond the mitigation efforts. (Example: The 40
homes can anticipate 15% structural damages for 250 Year Event and 30% structural damages for a 500 Year Flood Event).
Provide a letter from the consultant or Professional Engineer indicating the design period the new drainage improvement
system was designed for.
16. If you do not have preliminary nor final plans and studies, do you want to phase the project?
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YesD
No IZI
Drainage and Other Special Project Type Worksheet continued
17. ADDITIONAL STORM DAMAGES CAUSED BY FLOODING:
List the amount of damages (in dollars) caused by flooding per road. $ nJa
(Le. washout materials, culvert damages, pipe damages)
List the cost incurred due to emergency measures. $ nla
List the dollar figures for debris removal within the effected? $ nJa
How many days was the commWlity without power? _
Did the community lose potable water service? Yes D
NoD
How many days the conununity was without potable water services?
D
1 day
D 2 days
D 3 days
D Q days
How many days the conununity was without wastewater treatment services?
D
I day
D 2 days
D 3 days
D Q days
18. Please attach any documentation for other indirect damages caused by flooding within the project area. (i.e. Lost wages, police
department overtime wages, public works clean up crews overtime wages, cost incurred on clearance of vehicles and other
disaster-related materials, damages to electric panels in pumping facilities, levees breaches and damaged equipments).
19. Letter of Map Revision (LOMR) may be needed for this project. Any changes to the FIRM need to be reflected on the flood
maps, which is accomplished through the LOMR process. The construction of this project may lower the 100-year flood
elevation and thus, possibly lower the flood insurance rates for structures in the project area. If the LOMR process is
applicable to the proposed project, please contact the Department for assistance at (850) 922-5269, Department of Community
Affairs, Division of Emergency Management.
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Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONL Y
Please fill out this worksheet completely. A separate worksheet is required for each structure to be wind retrofitted.
J:8J Attach photographs (two copies) of each side (North, South, East and West) of the huilding to be retrofitted. Photos
should show a clear and unobstructed view of each side of the building. Sequential frames should overlap to get an
overall layout oUbe structure and show all openings (see note 12 on Notes)
o
Provide evidence that the shutter system complies with the Miami Dade County or Florida Building Code
Specifications. The best evidence afthis is a certificate issued by the Miami Dade County Building Department or
Florida Building Code statiug that the proposed shutter products have heen tested, approved, and comply with the
Miami Dade County or Florida Building Code specifications and also with the Local Codes & Standards for the
~-certified shutters or roductscan't be used"',1
(1) Building Name
Collier County Emergency Services Center
(2) Address
(3) City, State and Zip
(4) Owner/Applicant
8125 Lely Cultural Blvd.
Naples, FL 34113
Collier County
(5) Contact Person
(6) Disaster Number
Jim von Rinteln
'Y)..
,,'
.~-
, "
- .,;~,; . ' .""
}?~~: :,,".J
Non-Engineered Wood. Wood buildings do not receive specific engineering attention. Examples include
single and multi-family residences, some onc- or two- story apartment units, and some small commercial buildings.
Non.Eneinured Masonry _ These masonry buildings do not receive specific engineering attention.
Examples include single and multi-family residences. some one- or two- story apartment units, and some small
commercial buildings.
Manufactured Buildine - These buildings are typically light metal structures or manufactured housing units
(e.g., mobile homes). Manufactured buildings are produced in large numbers of identical or similar units.
Llgbtly Engineered _ These buildings may combine masonry with steel framing, open-web steel joists, wood
framing, and wood rafters. Some parts of the building receive engineering attention while others do not. Examples
include motels, commercial, and light industrial buildings. Built before 2000.
~ Fully Engineered _ Usually these buildings are designed for a specific site and thus receive specific,
individualized design attention from professional architects and engineers. Examples include high-rise office and
hotel buildings, hospitals, and most public buildings. Buill after 2000.
Other ~ These buildings do not fit into any ofthe descriptions listed above.
Proll/de el'ldence of miles inland: (MapqueJt, Street and Trips, or Olher; See Note ~ (1; on Notes.
(2) Building Site (Miles Inland) 10
(3) Number of Stories Above Grade 5
Prollide support documental/on: Letler from Engineer, Archilect, Building Official or Property ApproiJer Reporr.
(4) Construction Date
2007
(5) Historic Building Controls
24
N/A
Page 24 of 32
Attach any continuations or additional Items to this page
(Form No. HMGPIFMA-OOI, Eff.06/16I06)
Wind Retrofit Worksheet - HMGP only
.~j,l~.
'~'~f;: ~,';t; ..
....H',".~..<
(I) Total Floor Area (SF)
(2) Area Occupied by Owner or PubliclNon-Profit Agencies
_"" ,.. """ll"~""".:~"~"''"
. " ~::.". .. .~.. ~,,,^ ",/'" .~:~":;';;'';':;:;;'';::'"'' ?~";<._;L:,. :~,
.. .. '-,' "_~k;~_.,;.._,.: ..,,'r""'" .,,,;-,
",:' ..' HJ,'-;;';' ~;' ~'.:;(l ';~,,;,;i;IJ';~,~~t:~
"
.<.,('-'
/;;1
(I) Building Replacement Value
"'~~"'".
(I) Contents Description
(2) Total Value of Contents
(I) Description of Services Provided
(2) Annual Budget of Public Non-Profit Agencies
(1) Project Description
(2) Project Useful Life (Years)
(3) Mitigation Project Costs
(4) Base Year of Costs
(5) Annual Maintenance Costs ($/year)
25
Attach any continuations or additional items to this page
10
f
1\
WIND RETROFIT PROJECTS ONLY
',',
Prollide support documenlati01l: Leltt.r from Engineer. Architect or BllildingOfflcial; Copy of
sketch with the Area, Property Appraiser Rtport showing actlJol TOlal Square Feet.
SeeNoteN(J)onNotes.
130,000
130,000
-"Y'
J
,.
Provide $llpporting documentation if Building Replacement Value Is more than SI 45/$/ for
Commf!~lal and J !30/sfJor Res/denliar (FEMA deJaull). See Note II ( 4) 017 NOles.
$65,000,000,00
" I
Furniture, A V equipment, Books, School Equipment
Provide /ist of the equipmenl, /IImiture, etc in doJlors If the cOlItents are more Ihan 30'" of
BlIildmg Replacement Value (FEMA deJaults). Insurance Policy DOClIments are acceptable
See Note II (j) on Notes,
$19,500,000.00
Provide supporl documentation If it is more than $J/SF/Month (FFMA defauJ~. A simiwr
building rental cas/ in the some area h; acceptable. See Note II (6) on Notes.
1.50
Indicale Iype of service provided: &. Emergency, SeCt/rily, Educational ServlCts, Etc
See Note II (7) on Notes.
Emergency Services to Collier County, Florida
Provide support documentatiOll, copy oJthe Annuof BudgelJor the curren/fiscal yetJr and
make sure is relaled ONl.Y to the operallOll of the $ptcific building to be relrofitl~ notforme
entire department, city or county. See NOle Ii (8 on Notes,
$10,000,000.00
Describe the Project: Ex. Installalion oj ShuNer$ in aJl windows, doors, bay doors, vents,
louvers, sft:y/ight.s, Etc, Should reflect project scope o/work (Section J, B.). See Note II (9) on
Notts.
New EOC construction
For Shutter: Ifll is more Ih01lI J years it is necessary 10 prollide Sllpport documentaliOll,lener
Jrom Ihe vendor assuring the Shutler Use/ull.i/e. Su Note II ( 10) on Notes.
50
$11,000,000,00
2007
Provide support documentalion if Ihe Maintenance is other than 1% (FEMA default) of the
mitigalion project Co.~I. See Nole ~ (II) on Notes.
$]10,000
Page 25 of 32
(Fonn No. HMGPIFMA-OOl. Eft06/16J06)
ION
'I
,
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONL Y
NOTES:
1. For Building Type include photos or building drawings, tax records or property appraiser document. If the building was
built before 2000, it is a lightly engineered building.
2. For the Building Site (miles inland) provide the number of miles the site is located inland. Information may be compiled
with the aid of map-making applications such Mapquest, Streets and Trips, or other application with a scale.
3. For the Building Size (area to be protected), include property appraiser documentation, engineer or building official
document, homeowner tax records, survey, building drawings or any official document that shows the building size and
area.
4. For the Building Replacement Value (BRV), use FEMA default of $145.00/sf for commercial and $130.00/sf for
residential. If any other Building Replacement Value (BRV) is used, include insurance record, letter from local building
department, residential builder or property appraiser document that shows the specified value.
5. For Building Contents, use FEMA Default of30% of the Building Replacement Value (BRV). If the content is more
that 30% of Building Replacement Value (BRV), then include an insurance record, or as itemized list signed by
appropriate person from Finance Department. Ifit is a residential property include receipts, appraisal, estimates based on
current market prices.
6. For Displacement Cost (Rental Cost of Temporary Building Space), use FEMA default of $1.00/sf/month or provide
documentation if a different value is used. A similar building rental cost in the area is acceptable.
7. For Description of Services Provided, indicate what type of service (Emergency, Security, Educational, Public, Library,
Water Treatment Services, etc).
8. For Annual Budget, use a line item operations budget from appropriate official such as the applicant's accountant,
finance department, etc. Spreadsheets are acceptable if signed by the appropriate officiaL
9. For the Project Description, describe the project and indicate number of openings, include all openings: windows, doors,
bay doors, vents, louvers, skylights, (required to protect the complete envelope of the structure). Also include the retrofit
of any exterior equipment such as HV AC units, or window A/C units, propane gas tanks, etc, which need to be bolted /
strapped to the slab, wall or roof.
10. For the Project Useful Life, use FEMA defaults, (15 years) for shutters and (30 years) for roof. Use documentation from
the vendor for anything more that the default values.
11. For Annual Maintenance Cost use the FEMA Default of 1% of the Mitigation Project Cost. If other than 1 % include
supporting documentation. Be aware that under "HMOP" FEMA will not pay Annual Maintenance.
12. All pictures should be identified as to building number, address, side of building (N,S,E, or W), and correlated to
itemized vendor listing (ex. Windows / opening # I on page 1 of vendor estimate).
All this information is necessary in order to expedite the review and recommendation process of the project.
26
Page 26 of 32
Attach any continuations or additional items to this page
(Form No. HMGPIFMA.OOI, Eff.06/16/06)
ION
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONL Y
Shelter Retrofit Project Only
Benefit Cost Data Collection Form
Please provide the following data and documentation for shelter retrofit projects only to determine the cost effectiveness of the project.
In addition to the Wind Retrofit Worksheet the Shelter Retrofit Worksheet must be completed.
"If the scope of work is the retrofit of a building to create a shelter, the shelter's design must comply with FEMA 361, Design and
Construction GuidanceJor Community Shelters."
Pr(J 'ect If< (Jrmation
(1) Building Name
(2) Address
(3) City, State and Zip
(4) County
(5) Owner I Applicant
(6) Contact Person
(7) Disaster Number
Answer
DocuD!entation NClOded
Sketch of building, copy of architectural or
engineering plans or letter from engineer I architect
Longest length of entire building in feet
Longest width of entire building in feet
Sketch of building, copy of architectural or
engineering plans or letter from engineer / architect
Shelter area (this is the area of the building
that has been designed as a shelter; cannot
exceed total s uare foota e of buildin
Letter from engineer or architect responsible for
shelter specifications
Shelter construction type (reinforced &
pre-cast concrete, reinforced masonry, un-
reinforced masonry I steel, wood, or user
defmed)
Letter from engineer or architect verifying
construction type (If user defined chosen, please
provide estimates of the percent of occupants injured
and the percent of occupant fatality for the pre-
mitigation state of the building for each class of wind
speeds; fiil out tables I and 2 below)
Windows, door and skylight area (Is the
window, door and skylight area greater
than, equal to or less than seven percent of
tolal wail and roof .rea
Hurricane shelter occupancy. Maximum
capacity of shelter (Each person must have
a minimum of20 s uare feet
Project cost
Letter from engineer or architect
Letter from facility manager, building engineer, fire
marshal or local building inspector
Line item breakdown from contractor
Annual maintenance cost
Letter from contractor or facility manager
Project useful life
IfFEMA default is not used, provide guarantee from
vendor or letter from engineer
Wind speed building is designed to
withstand in its re.miti arian state
Letter from engineer
27
Page 27 of 32
Attach any continuations or additional Items to this page
(Fonn No. HMGPIFMA-OOI. EfT.06J16/06)
ION
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONL Y
Shelter Retrofit Project Only
Benefit Cost Data Collection Form (Continued)
Please use Table 1 and 2 to report the percent of occupants injured at various wind speeds. For lower wind speeds the percent injured
may be zero. For example, if the building, in its pre-mitigation state, was designed to withstand 120 mph winds, zeros would be entered
for the frrst three rows of the Tables I and 2. Values for wind speeds above what the building is desigoed to withstand should be entered
only if supporting documentation is provided, otherwise the benefit-cost module will calculate defaults values. Tables 1 and 2 will also
need to be filled out if "user defined" is chosen as the shelter construction type.
Table 1. Percental!e (%) of occunants iniured at various wind sDeeds (Dre-mitil!ation) (ODtional)
Wind sneed (miles per bour) Percenta..e (%) of occupants iniured
0-44
45 - 77
78 -118
119 - 138
139 - 163
164 -194
195 -210
211-262
263 +
Table 2, Percental!e (%) of aecuDant fatalities at various wind sDeeds (nre-mitil!ation) (ontional)
Wind sDeed (miles Der hour) Percental!e (%) of occunant fatalitv
0-44
45 - 77
78 -118
119-138
139 - 163
164 -194
195 -210
211 - 262
263 +
Please use Table 3 and 4 only if supporting documentation is provided. It is not necessary to provide values for these tables because the
benefit-cost module will calculate defaults values. However, if values other than the default values are warranted, please fill out Tables 3 and
4. These tables ask, "How effective will the project be at reducing injuries or death at each wind speed?" For example, the mitigation project
may eliminate 98 percent of injuries at wind speeds of 195 to 210 miles per hour.
Table 3, Effectiveness ofmitil!ation in reducinl! iniuries (ootional)
Wind sDeedlmiles oer hour) Mitintion effectiveness (% \
0- 44
45 77
78 -118
119 - 138
139 163
164 -194
195 - 210
211 262
263 +
28
Page 28 of 32
Attach any continuations or additional Items to this page
(Fonn No. HMGPIFMA-OOl. Eff.06/16106)
III
ION
1
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONL Y
Shelter Retrofit Project Only
Benefit Cost Data Collection Form (Continued)
Table 4. Effectiveness of miti!zation in reducine fatalities ontiona!)
Wind sneed (miles Der hour) Miti..ation effectiveness (%)
0-44
45 - 77
78-118
119-138
139 - 163
164-194
195-210
211 - 262
263 +
29
Page 29 of 32
Attach any continuations or additional Items to this page
(Fonn No. HMGPIFMA-OOI. Eff.06l16106)
EXECUTIVE SUMMARY
]:;J"ffl \ to P
.s/~;J./O ')
/::r"{ K
Providing requested information about potential for contributing $500,000 from
Conservation Collier funds to assist the City of Naples in building trail and bridge on City
-owned land as part of the Gordon River Greenway.
OBJECTIVE: To determine the potential for contributing $500,000 from Conservation Collier funds to
assist the City of Naples in building a trail and bridge (public access amenities) on city-owned lands as
part of the Gordon River Greenway (City of Naples conceptual plan - Figure 1).
Questions/Answers:
o May Conservation Collier Program (Program) funds be used for development of public
amenities on lands not owned by Collier County? The Conservation Collier Implementation
Ordinance (Ordinance No. 2002-63) does not contemplate providing funds for development of
amenities on lands not acquired by the Program. The Ordinance does allow the Program to
acquire and manage lands jointly with municipalities in accordance with an approved mutual
written agreement! management plan (Sec 6.3. and Sec. 14.6). Should Collier County and the
City of Naples, jointly acquire lands, placement of public access amenities and corresponding
expenditures by Conservation Collier may be approved by the Board in a management plan.
o Maya mangement plan be approved for lands not owned by the Program? No, however,
the ordinance does contemplate cooperative management arrangements with other agencies and
entities in keeping with the goals of Conservation Collier. It does require that all approved
management plans be consistent with the purposes identified in the Ordinance. City lands within
the Gordon River Greenway have zoning designations variously as conservation, public and
semi-public institutinal and leasedAirport lands (City of Naples Zoning map-Figure 2). Future land
use maps identify these lands as Conservation, Planned Development, Public Service and Airport
(City of Naples Future Land Use map - Figure 3). Whether the goals of Conservation Collier are
consistent with the zoning and land uses, would require further discussion with represenatives
from the City of Naples.
o May Collier County acquire an easement over lands owned by another entity and
provide management in order to develop a management plan and use Conservation
Collier funds for amenities? Yes, so long as Collier County acquires a real estate interest
such as an easement it may provide management in order to develop a management plan and
use Conservation Collier funds for amenities.
o Could a unified management plan for the Gordon River Greenway be used for Board
approval to use management funds? This may be possible barring any restrictive covenants
placed on lands owned or controlled by the City of Naples that are part of the Gordon River
Greenway.
o Which Trust Fund - Land Acquisition Trust Fund (172) or Management Trust Fund (174)
- could potentially be used, if any, to pay for public access amenities under an approved
management plan? The Land Acquisition Trust Fund (172) would be used to provide public
access or public recreational facilities (Sect 6.3.e.).
FISCAL IMPACT: The proposed cost of the contribution by Conservation Collier is $500,000. The land
Acquisition Trust Fund (172) currently has approximately $24 million available and another $8 million in
reserves.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
lEGAL CONSIDERATIONS: If the City expresses a willingness to grant an easement to Collier County
and also place these lands under one unified management plan, then the property will have to go through
the land acquisition process set forth in the Ordinance (i.e. nomination, staff evaluation, Conservation
Collier land Acquisition Advisory Committee consideration and then BCC consideration.)
RECOMMENDATION: That In order to offer potential for funding from the Conservation Collier Land
Acquisition Trust Fund for public access amenities on City-owned lands within the Gordon River
lOP
Greenway, it must first be determined whether the City of Naples is willing to place these lands under
conservation easement in favor of Collier County and to also place these lands under one unified
management plan for the entire Gordon River Greenway consistent with the goals of the Conservation
Collier Program, to be administered under a cooperative arrangement by the City of Naples and Collier
County.
PREPARED BY: Alexandra J. Sulecki, Sr. Environmental Specialist, Facilities Management Dept.
2
(C~)
Figure 1 - City of Naples Conceptual Plan
lOP
(l"
Figure 2 - City of Naples Zoning Map
Iud l!m~'111 ~ I '.
air! - ,
. .~*>-,
.
lOP (.CR)
4
Figure 3 - City of Naples Future Land Use Map
lOP (CI\)
5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 00
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exce tion of the Chainnan's si nature, draw a line throu TOutin lines #1 thrau #4, com Jete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1. Michelle Arnold
Code Enforcement
2. Judy Puig
CDES
J''k
~'lr-01
5!;J3/iJ7
S-)..l,-o 7
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafIfor additional or missing
information. All original documents needing the Bee Chainnan's signature are to be delivered to the BCC office only after the Bee has acted to approve the
item.)
Name of Primary Staff Shirley M. Garcia
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
3. Joseph Schmitt
CDES
213-2994
Yes
(Initial)
SMG
SMG
SMG
SMG
I: Forms! County Forms! Bce Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
4. Marlene Stewart
CDES
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Phone Number
5-1..2.07
Agenda Item Number
Release & Satisfaction of Lien
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contraet date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most eases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on -;'2; 7 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
N/A(Not
A licable)
N/A
N/A
loa
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Code Enforcement
Liens for payment received.
OBJECTIVE:
To approve execution and recording of the Release and Satisfaction of the listed Liens,
acknowledging compliance and recovery of fines and fees related to prosecution of Code
Enforcement matters.
CONSIDERATIONS:
Reference Owner of Record Lien Amonnt
2003-396 Lorraine Patton $33,678.35
TOTAL $33,678.35
FISCAL IMPACT:
The only expense incurred by the County is the cost of recording the Release and
Satisfaction, which is to be approximately $10,00 per release, totaling $10,00, Funds are
budgeted and available in the current fiscal year in the Code Enforcement budget.
GROWTH MANAGEMENT IMP ACT:
This request will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
RECOMMENDATION:
That the Board of County Commissioners approve the Release and Satisfaction of Code
Enforcement Liens.
PREPARED BY: Michelle Edwards Arnold - Code Enforcement Director
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive. Stc 301
Naples, Florida 34104
(239) 213-2939
*** 4023645 OR: 4234 PG: 1648 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, lL
OS/25/2007 at 09:24AM DWIGHT B. BROCK, CLBRK
RBC 1BB 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBRomCB 4TH !LOOR 1 0 (J
BXT 8406
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of Resolution No. 2003-396 of
the Collier County Board of County Commissioners dated November 18, 2003, a certified
copy of which was recorded on December 12, 2003 in O.R. Book 3462, Page 1629 of the
Public Records of Collier County, Florida, against the following described real property,
and all other real and personal property located in Collier County, owned by Lorraine
Patton and Nicole M. Ellison, has been discharged in full.
Lorraine Patton
Nicole M. Ellison
228 Singletary Street
Copeland, FL 34137
Folio No.
Cost:
Reference:
01134801802
$33,678.35
Resolution No. 2003-396
The undersigned is authorized to and does hereby release this lien as to the
whole of the above-described real property, and all other real and personal
property owned by Lorraine Patton and Nicole M. Ellison, and consents to
this lien being discharged ofrecord.
Dated this ;}..;L day of ~
,2007.
ATTEST:
DWIGHT E. BROCK; Clerk
. . .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BYJ~~
By: (LuLl... ~O.(.
Attest IS to 41 ttty Clerk
s fon4ture on 1 .
Approved as to form and
legal sufficiency:
-"
4028733 OR: 4239 PG: 3154
RBCO in omCIAL RBCORDS of COLLIBR COUNTY, 1L
06/06/L007 at 09:41AK DWIGHT B. BROCK, CLBRK
RBC FBB 27.00
cams 3.00
Return to
Lauren Beard
Collier Count)' OSH
2800 N. Horseshoe Drive
Naples, FL 34104
File# 07-034-IF
Retn:INTBR OllICB
HOUSING & HUKAN SVCS/SHIP
lRANK RAKSBY 403-2336
IDS
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this J4. day of January, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Ethel D. Warren (OWNER),
collectively stated as the "'Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as ""The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "'B," the amount of the deferred impact fees is Eight Thousand, One Hundred
Sixtv-Six dollars and 25/1 00 ($8,166.25). Repayment shall include any accrued interest.
Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it
exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "'A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This A!,'feement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
Page 1 of2
OR: 4239 PG: 31~ D S
or bring a civil acth,n to enforce this A!,'feement, or declare <<tat the deferred impact fees are
-
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This A!,'feement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
first above written.
OWNER:
(" l1UU'-Z
Ethel D. Warren
\JJ ClAlsJJ
~s:. ..-C&uDAJ.\elo
Print Na~o.('-\.v\o.. -1\\ VMc..d.o
STATE OF FLORIDA
COUNTY OF COLLIER '1
The foregoing Agreement was acknowledged before me this ~ day of January, 2007, by
Ethel D. Warren, who is personally known to me 0 produced as
identification '
(Si
[NOTARIAL SEAL]
{)(s
(PTInt ame of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By:
~y~~
JAMES V. MUDD, COUNTY MANAGER
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this ~'day of January, 2007, by
James V. Mudd, County Manager, on behalf of the COUNTY, who is personally known to me.
.,
" ' '. I/o ./
" --2 c'
,-- -.
--.-._- - -.
(Signature ofNotaryP6blic) ...,-
[NOTARIAL SEAL]
LQu.,-~" :... ~"'n.r(~
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
App
lega s
Jeffrey
Assista
Denton Baker, Director of
Operational Support & Housing
Page 2 of2
*** OR: 4239 PG: 3156 ***
EXHIBIT "A"
IDS
LEGAL DESCRIPTION
Lot 100, Independence, Phase II, according to the plat thereof,
as recorded in Plat Book 43, Pages 64 through 66,
inclusive, of the Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
TOTAL IMPACT FEES
$]00.59
$]09.]7
$] 92.37
$632.43
$631.40
$],778.00
$4,489.00
$] 50.24
$83.05
$8,166.25
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
l. Law Enforcement Impact Fee
JAK Approved __i_i__
Return to
4018735 OR: 4239 PG: 3160
RBCOR: n omCIAL RBCORDS of COLLIBR COUNTY, 1L
06/06/2u07 at 09:41AK DWIGHT B. BROCK, CLBRK
RBC m
cams
27.00
3.00
Marc)' Krumbine
Collier County Housing and Human Services
3050 N. Horseshoe Drive Suite 110
Naples, FL 34104
File# 06-090-IF
Retn:INTBR OllICB
HOUSING & HUKAN SVCS!SHIP
lRANK RAKSBY 403-2336
lOT
This space for recordin~
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this \ 1- day of 1\ \'.. ~ , , 2007, between Collier
County, a political subdivision of the State of Florida (COUNTY) and "Marie Dume" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, tor good and valuable consideration, the receipt and sufliciency of
which is mutually acknowledged, the Parties agree as tollows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the tirst occurrence of any sale or transter of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit ""B," the amount of the deterred impact fees is Twelve Thousand, One
Hundred Fortv- Three dollars and 84/100 ($] 2, 143.84). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty,five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact tees and this Agreement shall run with the land, and neither
the deferred impact fees nor this A!,'feement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxcs.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
Page I of2
OR: 4239 PG: 3161
or bring a civil acti"" to enforce this A!,'feement, or declare tHut the deferred impacft{Jaf
then in defilUIt and immediately due and payable. The COUNTY shall be entitled to recover
-
all tees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This A!,'feement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWN ER' s successors and assigns in interest.
9. This Agreement shall be recorded in the otIiciaI records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
first above written.
OWNER:
t fY)Gftt.L thAA/YM-e..-
Marie Dume
?-
OWNER:
Print Name L.e J..n /J. .4 I ~
'1
N/A
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this \ 1 day of f\~<i \
2007, by "Marie Dume", who is personally known to me or producedDHucr Li L"=e"
as identification
~~ ~,
~ "0 NORMA LORA-TREJO;
~ MY COMMISSION !i DDWn~!' '
\-C"fl--O~"'~ rXP1RES August :2'),)0::
I,XIJI!-:t.XOTAln 1'1. ~,utal'iD",",L1n' ''\;.''.'-.'. (.
NVv\~
1lou~ 1u~ ~~
(Signature of Notary Public)
~C\\(y\'G \o\(}..'~r~i()
(Print Name of Notary Public)
Commission Number: DDSq O~3'O
My Commission Expires: D8/;;1 q / .:2uc"
[NOTARIAL SEAL]
COLLIER COUNTY, FLORIDA
BY'~ 7~~~
JA ES V. MUDD, COUNTY MJ.I AGER
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowIed ~,ay 0
2007, by James V. Mudd, County Manager, on be <Nbt'a y 6i ~ te 0 @rill
me. My Commission Ii DD 304461
M~ CommiSSion E~plre~ Mar 28, 2008
[NOTARIAL SEAL]
J efrre
Assis
(Signature of Notary Public)
!tAlA) (r-rSC)/;rJG
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommel?d approvay
_A-,
.-/
Page 2 of2
*** OR: 4239 PG: 3162 ***
EXHIBIT "A"
lOT
~.. .
LEGAL DESCRIPTION
Lot 7, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages7I through 77,
inclusive, of the Public Records of Collier County, Florida,
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
$93.00
$59.80
$192.37
$561.70
$560.68
$827.00
$3,731.00
$150.24
$83.05
$2,760.00
$3, I 25.00
C. Library Impact Fec
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
$12,143.84
JAK Approved __,'_i_
MarC)' Krumbine
Collier County HHS
3050 N. Horseshoe Drive
Naples, FL 34104
Retn:
CLERK TO THE BOARD
IMTBROllICB 4TH lLOOR
BIT 7240
4015578 OR: 4236 PG: 0981
RECOk. in OllICIAL RECORDS of COLLIER COUNTY, lL
05/30/2007 at 03:07PM DWIGHT B. BROCK, CLERK
RBC m
cams
IOU
27.00
3.00
\
'.,
Return to
File# 07-065-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ':';3 day of April, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Jeannine Mathurin (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as ""The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the OrJinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is rrom the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected rea]
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "'B," the amount ofthe deferred impact fees is Eight Thousand. One Hundred
Fiftv-Eight dollars and 66/100 ($8,]58.66). Repayment shall include any accrued interest.
Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it
exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. ]n the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
All.: 4236 PG: 0981 0 U
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in detault and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By J~~~{L
By: ll.u..u.. ~ {} C .
Attest II CtI t~ Clerk
S 1 onature on 1 .
Witnesses:
~~~
Print Name ~ .... Alli()fGi."
OWNER:
~/V1AM R. 4451-r/}/1
eannine Mathurin
~esses: ~
Ibd:I.. ... (ID, - .Ie-
Pri Name ~ ~1tClA...
OWNER:
N/A
STATE OF FLORIDA)
COUNTY OF COLLIER)
2007,
The foregoing Agreement was acknowledged before me this ';;3 day of ~ '
by Jeannine Mathurin , who is personally known to me or s produced
as pro~ut; identity.
./, T//
(~;2/ //Lc {Ie L ~
Si~t erson Taking Acknowledgment
Appr
and]
ow
nt County Attorney
R~rndA1 ~ ~
Ma y~ A
Director
Collier County Housing and Human Services
r,:,:
1';
"
A
)".,
",
5~;
~.
"'
<:{.
i";
~** OR: 4236 PG: 0983 ***
EXHIBIT "A"
IOU
'. .'
LEGAL DESCRIPTION
Lot 97, Independence, Phase II, according to the plat thereof,
as recorded in Plat Book 43, Pages 64 through 66,
inclusive, of the Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
B. Correctional Facilities Impact Fee
$93.00
$109.]7
$192.37
$632.43
$631.40
$],778.00
$4,489.00
$150.24
$83.05
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
$8,158,66
JAK Approved_/_"_/~
.
\1
'I'
'11
~
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;_'1
~,
~:
l>~
V
,~
"'i'
f:
f'~'
is
(;',.;
~:~
?;~
~~
;~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP II
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 'b
Print on rink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip anfriO J. tt'
documents arc to be forwarded to the Board Office only af'tcr the Board has taken action on the Item.) ':u
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is aJready complete with the
exccotion of the Chairman's sil!nature, draw a line through routinlllines #1 throucl1 #4, comnletc the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in routinu order)
I. Marcy Krwnbine, Director Housing and Hwnan Services
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
(The primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one ofthl:: addressees above, including Sue Filson, need to contact statTfor additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bce office only after the Bee has acted to approve the
item.
Name of Primary Staff Marcy Krumbine
Contact
Agenda Date Item was 05/23/07
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
774-8154
16D3 to IOU
3 pages
Yes
(Initial)
MK
NIA (Not
A lieable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signedlinitialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages rrom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC omce within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time rrame or the BCe's actions are nullified. Be aw re of our deadlines!
The document was approved by tbe BCC on '" ,;(1 -I enter date) and all cbanges
made dnring the meeting have been incorporated in the attached document. Tbe
Count Attorne 's Office has reviewed the chan es, if a Hcable.
Nla
,~'HL-
"",\\1....",.
I"\'C'
t~'C>
2.
3.
4.
5.
6.
I: Fonnsl County Fonnsl Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
Return to
4025578 OR: 4236 PG: 0981
RBCOROBO in OffICIAL RBCOROS of COLLIBR COUNTY, fL
05/30/2007 at 03:07fN DWIGHT B. BROCK, CLBRK
RBC m
com S
27.00
3.00
\
MarC}' Krumbine
Collier County HHS
3050 N. Horseshoe Drive
Naples, FL 34104
Retn:
CLBRK TO THB BOARD
INTBROmCB lTH PLOOR
BIT 1140
IOU
i_ i'
File# 07-065-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ;3 day of April, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Jeannine Mathurin (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufliciency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Onlinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand, One Hundred
Fiftv-Eight dollars and 66/100 ($8,158.66). Repayment shall include any accrued interest.
Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it
exceed twenty-five percent (25%) ofthe total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This AI,'feement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any f(lreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4236 PG: 0120 U
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Ah'l"eement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Ah'l"eement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
By: D...u.-u.. ~ 0 C .
Attest I' CIl t~ Clerk
signature on1 v
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
B, J~4:LN
Attest:
DWIGHT E. BROCK, Clerk
Witnesses:
"--fY\~ ~
Print Name ~ "\. AlvafCdo
OWNER:
..mO/)1~~ 4d~
Ckannine Mathurin
OWNER:
~esses: ~
~~-f~.
Pri Name ~ ~ttelA-
N/A
STATE OF FLORIDA)
COUNTY OF COLLIER)
~
The foregoing Agreement was acknowledged before me this ;;3 day of ,
2007, by Jeannine Mathurin , who is personally known to me or s produced
'-as pr~t.o~ identity.
/<1/ /i -Jl{{~cc/
Si~tu 0 erson Taking Acknowledgment
Appr ed a
and I al
Recommend Approval;
JeflTey
Managi
---P
EXHIBIT "A"
*** OR: 4236 PG: 0983 ***
IOU
LEGAL DESCRIPTION
Lot 97, Independence, Phase II, according to the plat thereof,
as recorded in Plat Book 43, Pages 64 through 66,
inclusive, ofthe Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
I. Law Enforcement Impact Fee
$93.00
$109.17
$192.37
$632.43
$631.40
$1,778.00
$4,489.00
$150.24
$83.05
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
TOTAL IMPACT FEES
$8,158,66
JAK Approved ---,/_i_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 'f)"
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
Print on pink pap}A~a~ ~~~~C~~,S~g~~~;'m~?s~~!e~~~~~~!~ 2:!:~~~c~~~0~~~~~u~.'1::and orill 0 ' '
documents are to be forwarded to the Board omcc only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature. draw a line throus:rh routing lines #1 through #4, comolete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in routinlI order)
1. Marcy Krumbine, Director Housing and Human Services fA"-- 5-..;l-3,-C
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff Cor additional or missing
information. All original documents needing the Bec Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the
item.
Name of Primary Staff Marcy Krumbine
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
5..-?:O~b 7
Agenda Item Number
-;
774-8154
!tJ!J'Ife loV
'3
'l...
Agreement
Number of Original
Documents Attached
Yes
(Initial
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be awar of our deadlines!
The document was approved by the BCC on . (ei1\er date) and all changes
made during the meeting have been incorporate i t attacbed document. The
Count Attorne 's Office has reviewed the chan es, if a licable,
M'(..,
;vIA-
t...
M~
f'LG
f-tlL-
I: Forms/ County Forms/ BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
Return to
4025579 OR: 4236 PG: 0984-
RBCORDBD in OPPICIAL RBCORDS of COLLIER COUNTY, 'PL
05/30/2007 at 03:07PM DWIGHT B. BROCK, CLBRK
REC m
coms
27.00
3.00
..
MarC}' Krumbine
Collier COUllt}' HHS
3050 N. Horseshoe Drive
Naples. F'L 34104
File# 07-070-IF
Retn:
CLERK TO TH! BOARD
INTBROmCB 4TH !LOOR
BXT 7240
lOV
~
,
,
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ..2S-day of April, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Amy Cantu (OWNER), collectively
stated as the '"Partics,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowlcdged, the Parties a~'fee as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as '"The Collier County Consolidated Impact Fee Ordinance"
(Ordinance), In the event of any cont1ict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description ofthe dwelling unit is attached as Exhibit "A."
3. The term of this A~'feement is trom the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing ofthe sale, or not later then the effective date of the transfer. As set
forth in Exhibit '"B," the amount of the deferred impact fees is Eight Thousand. One Hundred
Fiftv-Eight dollars and 66/100 ($8,158.66), Repayment shall include any accrued interest.
Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it
exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit '"A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
temlinate upon the recording of a release or satisfaction of lien in the public records of the
County. Thc deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this A~'feement shall be transferred, assi~'I1ed, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien tor County taxes.
6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4236 PG: 0985
may, at its sole option, collect the impact fee amount in default .oa~t Aitl6nPG:oOOA51, 0 V
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate f(Jr judgments calculated on
a calendar year basis until paid.
8. This Ab'Teement is the sole ab'Teement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Ab'Teement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By: ~ .~}....vo.(
Attest I' tot. epuiY Clerk
Signature 0Ii!.
By:
OWNER:
Witnesses: .f)JLu~
~\~ A\\lQradO
~!c1 r.rLn~
Amy Cantu r
OWNER:
Wit~~ J/mJ~
PrirJ ~ame~~~~CA- ~~kZms
ST ATE OF FLORIDA)
COUNTY OF COLLIER)
N/A
The foregoing Agreement was acknowledged before me this a day of
2007, by Amy Cantu who is personally known to me or
as proof of identity.
) )&'
.~,
has produced
ent
Ap ro
an e
s to form
Recommend Approya :
I
~
-<
K atzkow
Assistant County Attorney
Mar y Krumbine M A
Dir ctor
Collier County Housing and Human Services
EXHIBIT "A"
*** OR: 4236 PG: 0986
lOV
***
-,
,
LEGAL DESCRIPTION
Lot 79, Independence, Phase II, according to the plat thereof,
as recorded in Plat Book 43, Pages 64 through 66,
inclusive, of the Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
TOTAL IMPACT FEES
$93.00
$109.17
$192.37
$632.43
$631.40
$1,778.00
$4,489.00
$150.24
$83.05
$8,158,66
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
JAK Approved.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO iO ~
Print on pink papcrT~~ ~~~~c?m~nt~~g~~I,;'m~~~~!c~~~<?e~~!~ o?~!:~~~c~~~o~~~~~u~~:angii\ .
documents are to be forwarded to the Board Oftiee only after the BO;~';:/~i;:;~o;~I~ item.) U X'
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. lfthe document is already complete with the
excention of the Chairman's sillnature, draw a line throue:h routin!! lines # 1 throulili #4, cOffinlete the checklist, and forward to Sue Filson line #51.
Route to Addressee(s) Office Initials Date
(List in routin!!: order'
I. Marcy Krumbine, Director Housing and Human Services ~) :>f~
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee ehairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff Marcy Krumbine
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Clrilo
7
Agenda Item Number
1.
Number of Original
Documents Attached
~STRUCTlONS & CHECKLIST
Initial the Yes column or mark "N/A"' in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here"' tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be a are f our deadlines!
The document was approved by the BCC on, c) ,,' >eo nter date) and all changes
made during the meeting have been incorporate in e altached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
774-8154
/l.iOr;,
1-010;<.
.;
(L2l e .~
Yes
(Initial
(.w
AJ/A-
r\\<;/
iv..\./
\{)
I: Formsl County Formsl Bee Formsl Original Documents Routing Slip WWS OriginaI9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4025580 OR: 4236 PG: 0987
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/30/2001 at 03:01PM DWIGHT B. BROCK, CLBRK
RBC FIB
com S
21'~
.00
'j
Marcy Krumbine
Collier Count)' HHS
3050 N. Horseshoe Drive
Naples, FL 34104
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
lOX
File# 07-068-IF
This space tor recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this Q5 day of April, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Cirilo Sanchez and Benigna Trejo
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties a!,'fee as follows:
1. This Lien Agreement is made pursuant to Chapter 74 ofthe Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this A!,'feement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this A!,'feement is from the date set forth above until the impact tee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the etlective date of the transfer. As set
. forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand, One Hundred
Fiftv-Eight dollars and 66/l00 ($8,158.66). Repayment shall include any accrued interest.
Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it
exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This A!,'feement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a rclease or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4236 PG: 0988
lOX ~.
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this A!,'feement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this A!,'feement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the otIicial records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT Be BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By: f'iMu a LA a r
Attest as to at uiY Clerk
sfvnature on1-
By:
J
OWNER:
~~~
Print Nam . . ~M<'71f.:5
,
C /ftlfO S A17Che2
Cirilo Sanchez
OWNER:
.[3(1-,-1 ifl?7/I' lzk' )U
Benigna rejo
ATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of~,
2007, by Cirilo Sanchez and Benigna Treio , who are personally known to me or have produced
:J::::::" 'Jn l.." . ,,'ot as proof of identity.
[NO
~~lM'li!MJ)ORA-TREJO
"\.~.. MY COMMISSION Ii DD590338 ~
'%.~o.-f\-<f'~" EXPIRES: August2lJ. 2010
I.~IMI-J-NOTARY n N011U)'Olscounl Assoc. Co.
~loN<~ L .~
Signature of Person Taking ACknowled!,>rnent
tzkow
istant County Attorney
Recommend Approval:
&dA A -fl
Di rector
Collier County Housing and Human Services
A
EXHIBIT "A"
*** OR: 4236 PG: 0989 ***
101
LEGAL DESCRIPTION
Lot 89, Independence, Phase II, according to the plat thereof,
as recorded in Plat Book 43, Pages 64 through 66,
inclusive, ofthe Public Records ofCoIlier County, Florida,
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
TOTAL IMPACT FEES
$93.00
$109.17
$192.37
$632.43
$63 1.40
$1,778.00
$4,489.00
$150.24
$83.05
$8,158.66
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
l. Law Enforcement Impact Fee
JAK Approved
lOY
P"", '''ll1il1k """}~~I !~~~'~~1l~?'~~}:'~"~?~~~~~1~1?~~'~~ 2~,!~,S~,~~~'~(~~'~~~~~"d ",,:4,,0 Y
dOCtllTll'nt" me 1(\ he fnr\\<lrLkd [pIlle l{n~lrd (>11ICl': ('1lh ~!..!J.l'r Ih~' 1\\),lId !la, lak....n ,1L'lI(lJl (\11 till' 11<.'111)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
CXI'P.ntion of the Chainnan's signature, draw a line throueh routine: lines #1 throu2h #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
lList in routiruz order)
1. Marcy Krumbine, Director Housing and Human Services 6JU -:/c .
,j ~::J,'7i
/ .
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk ofCourl's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the bolder of the original document pending ace approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chainnan's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff Marcy Krumbine
Contact
Agenda Date Item was
roved b the BCC
Type of Document
Attached
Phone Number
., \ .
, , .-.
../ \ [-
Agenda Item Number
C)')
Number of Original
Documents Attached
Agreement
1.
. INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro 'ate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si lure and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
sbould be provided to Sue Filson in the Bec office within 24 hours of BeC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be a oft our eadlines!
Tbe document was approved by the BCC on c. '-'J, e er date) and all changes
made during the meeting bave been incorporated IIi attacbed document. The
Coun Attorne 's Office bas reviewed tbe chan 05, if a licable.
2.
3.
4.
5.
6.
774-8154
!<..cD71",,'
/C:
..<.......<~
N/A (Not
A licable)
IN:.
,~.-
/l
(;~)
.;;( ,
~\,:./
I: Fonns/ COlUlty Fonns/ BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4025581 OR: 4236 PG: 0990
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/30/2007 at 03:07PM DWIGHT B, BROCK, CLBRK
RBC FIB 27,00
coms 3.00
"}--"
\i
. ,
MarC)' Krumbine
Collier County HHS
3050 N. Horseshoe Drive
Naples, FL 34104
File# 07-023-IF
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
IOY
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this .Jjj'... day of April, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Madai Avalos (OWNER), collectively
stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as tollows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as 'The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deterred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand, Three
Hundred Seventy-Two dollars and 52/100 ($19,372.52). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4236 PG: 099~ 0 Y 't
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
::LLlE~4t
J ES COLETTA, CHAIRMAN
By: LDi O--l".tx..lUA.. C'l.( ,
UJeputy Clerk
Attest IS to a I rtI4/l s
sfonature on.1-
Witnesses'
OWNER:
Print Name
2
'/Jfa~
Madai Avalos
~
OWNER:
Wit~~~ ~ '~
Print Name N(), t.J kv . 7r.;v
N/A
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of /Jpr 7 I
2007,. by Madai Avalol ' who is personally known to me or has produced
-r- (, ~ I), Iller ((OpC as proof ofldenl1ty.
[N;,' 0 NORMA A,TREJO
~ MY CO:.1:...1ISSION #- DD.'i9033R
'%.~0I'f\-~ EXPIRES: Augus129. 2010
I-~Iil-_l-NOTAJ\Y FL l'>olary D,scounl Asioc Co
'Z?--
Signature of Person Taking Ackn wledgment
/1
~tt-e-<-
w
nt County Attorney
J::rf~ ~
Marcy Krumbine, MP A
Director
Collier County Housing and Human Services
*** OR: 4236 PG: 0992 ***
EXHIBIT "A"
IOY
1
,
"
LEGAL DESCRIPTION
Lot 196, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages71 through 77,
inclusive, of the Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
TOTAL IMPACT FEES
$100.59
$62.14
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,415.00
$3,515.00
$19,372.52
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
JAK Approved _,'_i_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
\01
I'n"'..,, ,,,,,l PIP}~~' ~~~'~C~~"~~~~~I~"~~~~~~~'~~~~'~'~ 2~!'~'~~c~~~'~~~'~~~~~"dl"i9 Z
dl'Ctlllll'llh :Ire to 11... f,'r\\<Ird.:d (Ilthe' I{'loln.! (lltl..:c l\111\ :~!ler IIIL' I\')~lrd hd" laken ,ldl(lll \\11 1 Ill' Ill'lll.!
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exccntion of the Chairman's si2Ilature, draw a line through routinj)" lines #1 throuph #4, comnlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routirut order)
1. Marcy Krumbine, Director Housing and Human Services
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval, Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the Bce Chairman's signature are to be delivered to the ace office only after the Bee has acted to approve the
item.
Name of Primary Staff Marcy Krumbine
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
774-8154
Agenda Item Number
/ ~.? ~ f.e; jt;
Number of Original
Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes colwnn or mark "N/ A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances, <~..
resolutions, etc. signed by the County Attorney's Office and signature pages from 4.:"'
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the fmal ne otiated contract date whichever is a licable. iV\l....'
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired. '-"\. ~....,1
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. /.
Some documents are time sensitive and require forwarding to Tallahassee within a certain (~'Lj
time frame or the BCC's actions are nullified. Be aw e of ur, eadlines!
The document was approved by the BCC on ... Ie? ~ltter date) and all changes ~
made during tbe meeting bave been incorporated i . th ttached document. The \ji\i)
Count Attorne 's Office bas reviewed the cban es, if a licable. '
2.
t-> / llr.
3.
4.
5.
6.
I: Fonus! county FormsJ Bee Forms! Original Documents Routing Slip WWS Original 9.03,04, Revised 1,26.05. Revised 2,24.05
Return to
4025582 OR: 4236 PG: 0993
RiCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/30/2007 at 03:07PM DWIGHT B. BROCK, CLBRK
RiC m 27.00
coms 3.00
,}-,
'/
MarC)' Krumbine
Collier County HHS
3050 N. Horseshoe Drive
Naples, FL 34104
File# 07-067-IF
Retn:
CLBRK TO TUB BOARD
INTBROmCB 4TH FLOOR
BIT 7240
10Z:~'
This spaee for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ~ day of April, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Raudel Salazar and Maria Salazar
(OWNER), collectively stated as the '"Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 ofthe Code of Laws and Ordinances of
.
Collier County, Florida, known as '"The CojlierCounty Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit '"B," the amount of the deferred impact fees is Eigh Thousand, One Hundred
Sixty-Six dollars and 25/1 00 ($8,166.25). Repayment shall include any accrued interest.
Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it
exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit '"A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4236 PG: 0994
may, at its sole option, collect the impact fee amount in default as set forth in the ordilQ Z I
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for jud!,>rnents calculated on
a calendar year basis until paid.
8. This A!,'feement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROGK, clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
B, JN~
By: Clu..u~.... 0.( .
Attest as '" /j;iJj.ut. Clerk
Signature on1-
Witnesses: ~
'---fYl~
Print NamemQ.("~ t\-~v'ara-<>lo
OWNER:
JlA/tU- ,4(7~J(
Raudel alazar
OWNER:
M d r {' ot S d (Ci'l..C4 r
Maria Salazar
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this '30 day of ~ '
2007, by Raudel Salazar and Maria Salazar, who are personally known to me or have produced
'" \o~
Si at e of erson Taking Acknowled
[NOTARIAL SEAL] v..
GNBS~944'1
iw;,"..... N~co"", \SS\O~\2,20\O
" _co,S<!"o'-_co
'4 EYJ"""" ",_' '
~~ t!' flNoIfl'l'
~Qf'f"'1!;1l.'{
\.~\1l'\.~O
Jeffr A. KI zkow
Man ing A stant County Attorney
J-, --0
EXHIBIT" A"
*** OR: 4236 PG: 0995 ***
IOI' ';1"
LEGAL DESCRIPTION
Lot 129, Independence, Phase II, according to the plat thereof,
as recorded in Plat Book 43, Pages 64 through 66,
inclusive, ofthe Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
H. Government Buildings Impact Fee
$100.59
$109.17
$192.37
$632.43
$631.40
$1,778.00
$4,489.00
$150.24
$83.05
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
$8,166.25
JAK Approvt:d _./ _i_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP \O~A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
l'rillt un PlIlh pap...'r i:(I<1l:h tll nri;!in:il d()Cllll1<:ll~ ()ri~il1,iI.dO,',:lIIllClll'i ~IHlllld Ill' IWlld ddi\cn.:d tn the I\u,m! ()t'iic('1 ilL: Cl1lllpklL'd r(lutjl1~J Ol lral"Aal
dUC\lIllI:IllS Clrl' tn be jprwankd 10 1111: Iklard ()1!ln: ill1h tllj('- 1t1\.' 1~()i1rd !W'i l:lkcll acll(lll 011 the Ikm.1 II
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infOlmation needed. If the document is already complete with the
excention of the Chairman's silmature, dmw a line throueJ routine lines #1 throueh #4, comolete the checklist, and forward to Sue Filson-lline #5l.
Route to Addressee(s) Office Initials Date
, IList in rontin. order)
1. Marcy Krwnbine, Director Housing and Human Services
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder oCthe original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one oftbe addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCe Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the
item.
Name of Primary Staff Marcy Krumbine
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
774-8154
I tv .[Jt
4
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is
a fO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ture and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be a are 0 our deadlines!
The document was approved by the BCC 0 /~'.,.... '~ter date) and all changes
made during the meeting have been incorp t iii t e attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
f-o /0
f'--1L
;J/
"
{0
~
~
l: Fonosl County Fonos! Bee Fonnsl Original Documents Routing Slip WWS Qriginal9.03.04, Revised 1.26,05, Revised 2.24.05
2.
3.
4.
5.
6.
Return to
4025583 OR: 4236 PG: 0996
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/30/2007 at 03:01PK DWIGHT B. BROCK, CLBRK
RBC FIB 27.00
coms 3,00
\ ) \
,
,
\
Marcy Krumbine
Collier County MUS
3050 N. Horseshoe Drive
Naples, FL 34104
Retn:
CLBRK TO THB BOARD
INTBRomCB 4TH FLOOR
BXT 7210
10.IA
File# 07-066-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this i.!L-. day of April, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Mireya Escobedo (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this A!,'feement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date ofthe transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand. One
Hundred Forty-Three dollars and 84/100 ($12,143.84). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total tee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any toreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4236 Pi d917
may, at its sole option, collect the impact fee amount in default as set forth in the ordinaA,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
,
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate tor judgments ca1cu!:lted on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, F ORIDA,
Attest as
s10nature
By:
By:
AMES COLETTA, CHAIRMAN
OWNER:
~PN'mcW
Mlreya Esc bedo
OWNER:
N/A
STATE OF FLORIDA)
COUNTY OF COLLIER)
The toregoing A!,'fee
2007, by Mireva Escobedo
I(""'!" NORMA LaRA-TREJO
lJiI~ MY COMMISSION # DD590338
,~ EXPIRES: AUglJst29, 2010
1"~(~~l_NOTARY Fl. Nolary D,scounl As><:>c. Co,
ac ow e ge efore me this ..Li... day of
, who is personally knowll. to me or
as proof of identity.
/Jp.'1
has produced
R!M.ILomA:RBJO
MY COMMISSION # DDS9t1338
EXPIRES: AUb'Ust 29. 2010
Ft. NC>lary Di,=l MOC, Co,
'7
/k~~
/) ,~J;
-??--? 0-- '/'-'
Signature of Person Taking Acknowledgment
y:
Recommend Appr val:
\
(/L-_
'---
J"
_..9
kow
istant County Attorney
ar y Krumbin, P A
Director
Collier County Housing and Human Services
*** OR: 4236 PG: 0998 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 98, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, ofthe Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
JAK Approved
10AA'i
Amount Owed
$93.00
$59.80
$192.37
$561.70
$560.68
$827.00
$3,731.00
$150.24
$83.05
$2,760.00
$3,125.00
$12,143.84
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 'A S I.l
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,,,, U
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ,
I'rillt \llll',illk 1\;.1I1~T i~lt'Ii..:11 III (lri.,~;)\:i1 \h':lIll11'I~~ OI'i!.!iI1HI _,d"'''''''''''' ,1,,,,,101 ho' h,,,,d d,I,,,,,,'d ,,, ,h,' 1\"",01' ,,';,,1 he """plcl,'d ,,,,,,,,,e ,I,,, ""d'ti"'(}':1 B 8
dnCUlll('llb ,m..:!o h~' j('.f\\arlkd t(l tile !l"dHI (lltlCi.: 11111\ !lJh-T Ilk'l\o,lnl h,l~ I:d,ell :1([1<>11 \'Il till' Ikl11.,1 ~
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's siimature, draw a line throuet routine lines # I throueh #4, comolete the checklist, and forward to Sue Filson- (line #5l.
Route to Addressee(s) Office Initials Date
(List in routine order)
1. Marcy Krumbine, Director Housing and Human Services
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bce office only after the BCC has acted to approve the
item.
Name ofPrirnary Staff Marcy Knunbine
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
774-8154
l(eD
/36
1.
STRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a fO nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that bave been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ssibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exc t the BCC Chainnan and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be a are f r deadlines!
The document was approved by the BCC on C '..',' I" enter date) and all changes
made during the meeting have been incorporate in tbe attached document, The
Count Attorne 's Office bas reviewed tbe cban es, if a licable.
..2
,~)
N/A (Not
A licable)
2.
3.
4.
5.
6.
j0"')
f0
/
(nU
J"'I,\lJ!
f~\"-)
c;,~ ~j
I: Formsl County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26.05, Revised 2.24,05
Return to
4025584 OR: 4236 PG: 0999
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/30/2007 at 03:01PM DWIGHT B. BROCK, CLBRK
'RBC FIB 27.00
~oms 3,00
1088
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
\
\
MarC)' Krumbine
Collier Count)' HHS
3050 N. Horseshoe Drive
Naples, FL 34104
File# 07-069-IF
This space tor recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this -.3.Q day of April, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Silvia Aguilar (OWNER), collectively
stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as 'The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any cont1ict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the afTected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the efTective date of the transfer. As set
forth in Exhibit "B," the amount ofthe deferred impact fees is Eight Thousand, One Hundred
Fifty-Eight dollars and 66/100 ($8,158.66). Repayment shall include any accrued interest.
Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it
exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deterred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR,: 4236 PG:.lOOO
" lOB" I
may, at its sole option, collect the impact fee amount in default as set fp\1h in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's tee and costs, incurred by the COUNTY in enforcing
this A!,'feement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This A!,'feement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this A!,'feement on the date and year first
above written.
~\ ."
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY:()J..LU~A ().(-
Attest IS CtIt' 'ity Clerk
slQnature on~~
By:
Witnesses:
'-1Y\o.d:.l9. .J).W~
Print Name'--fYlo.r~ l+\vQ,Mo
OWNER:
A}A!-~ clf}AM
Silvia Aguilar
OWNER:
<A..
N/A
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of
2007, by_Silvia Aguilar_, who is personally known to me or
. p oofofide '
~,
'h~roduced
e of Person Taking Ac nowledgment
latzkow
ssistant County Attorney
J-.
'-.0
EXHIBIT "A"
*** OR: 4236 PG: 1001 ***
10B6
LEGAL DESCRIPTION
Lot 81, Independence, Phase II, according to the plat thereof,
as recorded in Plat Book 43, Pages 64 through 66,
inclusive, of the Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
TOTAL IMPACT FEES
$93.00
$109.17
$192.37
$632.43
$631.40
$1,778.00
$4,489.00
$150.24
$83.05
$8,158.66
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
l. Law Enforcement Impact Fee
JAK Approved
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 10ce
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
~HE ~~~ OF COU~i~Y COMMISSIONERS O~FICE FORSIGN~TU~"i I()I(,'-
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additiooal signatures, dates, andlor infonnation needed, If the document is already complete with the
exceotion of the Chainnan's sienature, draw a line throuO'h routing lines # 1 through #4, comnlete the checklist, and forward to Sue Filson (line #5),
Route to Ad~tessee(s) Office Initials Date
(List in routinQ: order
1. Marcy Krumbine, Director Housing and Human Services
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval, Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the Bce office only after the BCe has acted to approve the
item,
Name of Primary Staff Marcy Krumbine Phone Number 774-8154
Contact
Agenda Date Item was 5-d-'7 07 Agenda Item Number /\1,iO /3 C!.c..
A roved b theBCC
Type of Document Agreemen Number of Original ~
Attached Documents Attached /) ("-..
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a fO nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approvalofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si natwe and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time fi'ame or the BCC's actions are nullified. Be aw re of our deadlines!
The document was approved by the BCC on ",; ", Q.e ter date) and all changes
made during the meeting have been incorporated n the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial
2.
3.
4.
5.
6.
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I: Forms/ County Forms! Bee forms! Original Documents Routing Slip WWS Original 9,()3,04, Revised 1.26.05, Revised 2,24.05
Return to
4025585 OR: 4236 PG: 1002
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/30/2007 at 03:01PN DWIGHT B. BROCK, CLBRK
RBC FIB . 27.00
COPlBS 3.00
~
Marcy Krumbine
Collier Count)' HHS
3050 N. Horseshoe Drive
Naples, FL 34104
Retn:
CLBRK TO THB BOARD
INTBRomCB 4TH FLOOR
BIT 7240
I O:cC
File# 07-064-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF toO% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this --3- day of ~~007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and George Pierre and Remercile Giles
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale ofthe dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing ofthe sale, or not later then the etlective date ofthe transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand. Three
Hundred Seven dollars and 16/lO0 ($19,307.16). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this A!,'feement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4236 IG: 1003
luce I
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred iml2,.act fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This A!,'feement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E..~,R9CK, Clerk
1, ,11'._ ',I
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By: CiJIH ~pr~ 0.(
Attest a. ", Ctl4 .Pfty Clerk
Sfgnature on!-
By:
~~
Prin Name' , 6- /YlJ.et1 vr.
../
OWNER: G~
G~
Witnesses:, ''It ~ V'----
Print Name ()'J]/o/:::'
OWNER:
f<tn,M~~
Remercile lies
~
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of ~ :206 7 ,
2007, by George Pierre and Remercile Giles, who are personally known to me or have produced
\'\0. cl,u.'O'>c... as proof of identity.
".~'~ _ ,~CY A. KLOPF
f.'!~.:% ~f'tI:lI.lM~JdJims\J
~" .' I eXPIAES: April 12. 2008
-',"i;;; .' BondldThruNOIIryPU~~und'TWriters
..<1.....
edgment
App
and
Recommend Approval:
ow
ant County Attorney
rcy Krumbi e,
Director
Collier County Housing and Human Services
--
EXHIBIT "A"
*** OR: 4236 PG: 1004 ***
10CC
LEGAL DESCRIPTION
Pearce Subdivision, Block 2 Lot 18 & N Y, Lot 17, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, ofthe Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
TOTAL IMPACT FEES
$100.59
$145.86
$460.23
$935.00
$2,068.00
$8,228.00
$6,359.00
$725.00
$285.48
$19,307.16
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
l. Law Enforcement Impact Fee
JAK Approvr.:d ___. _i_
12,C
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
DATE:
June 6, 2007
FROM:
Minutes & Records
Rosa E. Martinez-Villarreal, Legal Secretary to ~\.)
Jacqueline Williams Hubbard, Assistant County Attorney
TO:
RE:
William Litsinger v. Collier County, Florida and Fred Coyle, individually
Case No. 06-432-CA Settlement Agreement
Approved by BCC on May 22, 2007 Item- 12C
Attached is the original settlement agreement in the above referenced matter for your records.
Also, please provide this office with a copy ofthe fully executed agreement that needs to be
forwarded to all parties, and call me at 8814 when it is ready.
Thank you.
cc: David C. Weigel, County Attorney
06-432-CNI686
12C
SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN COLLIER
COUNTY AND FRED W. COYLE AND WILLIAM S. LITSINGER
TillS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred
to as the "Agreement and Release") is entered into and made on the date when it has been
executed by the last of the parties to sign it, by and between Collier County Board of County
Commissioners, a political subdivision of the State of Florida and Fred W. Coyle, individually,
(hereinafter collectively referred to as "the County"), and Williams S. Litsinger, (hereinafter
referred to as "Litsinger").
WITNE SSETH:
WHEREAS, Williams S. Litsinger filed a complaint with the Twentieth Judicial Circuit,
Case No. 06-432-CA, and a complaint with the United States Equal Employment Opportunity
Commission, Charge No. 51O-2006-04689,(hereinafter the "Cases") ; and
WHEREAS, the County and Litsinger, without any of them admitting any liability or
fault, and Litsinger admitting no maliciousness occurred, desire to settle the dispute and any and
all disputes or claims that arise from. relate or refer in any way. whether directly or indirectly, to
the Cases; and,
WHEREAS, the County and Litsinger desire to reduce their settlement to a writing so
that it shall be binding upon them as well as their respective owners, principals, elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses,
successors, assigns, heirs grantees and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, pronuses and
consideration set forth in this Settlement Agreement and Release, and with the intent to be
legally bound, the County and Litsinger agree as follows:
12C
Page 2
Settlement Agreement & Release
I. Defendant, Collier County, shall pay the Plaintiff, William S. Litsinger, Two-
Hundred Ninety Thousand and 00/100 Dollars ($ 290,000.00). This payment will be made after
the Plaintiff, William S. Litsinger has submitted a written request for the withdrawal of his
EEOC age discrimination claim, referenced below in paragraph four (4), and Defendant, Collier
County has received a "Withdrawal with Settlement" notice from the EEOC. Defendant, Collier
County, shall place Fifteen Thousand and 00/100 Dollars ($15,000.00) of the Two-Hundred
Ninety Thousand and 001100 Dollars, ($290,000.00), settlement amount into Williams S.
Litsinger's deferred compensation account if permitted. If not, this sum will be added back into
to the payment he is to receive. In no instance shall the plaintiff, William S. Litsinger, receive
more than Two-Hundred Ninety Thousand and 00/100 Dollars, ($290,000.00) from the
Defendant, Collier County pursuant to this agreement.
2. Plaintiff shall be responsible for the payment of all income, social security, and
other taxes or exactions which may be payable on the said amount of Two-Hundred Ninety
Thousand and 001100 Dollars, ($290,000.00), whether under Federal or state law and
regulations.
3. All parties shall execute a Joint Stipulation for Dismissal with prejudice in Case
No. 06-432-Ca, with each party bearing its own costs and attorney's fees.
4. Plaintift~ William S. Litsinger (hereinafter "Litsinger"), will terminate and dismiss
his EEOC complaint No. 510-2006-04689 wherein he has alleged age discrimination pursuant to
29 USCS S 626, as follows:
(I) Litsinger knowingly and voluntarily waives any right or claim under the
above-referenced Act; and by signing this agreement, acknowledges this settlement is
2
Page 3
Settlement Agreement & Release
12C
part of an agreement between he, Fred Coyle, and Collier County and is understood by
him.
(2) Litsinger waives specifically all remedies and rights or claims arising under
the above-referenced Act.
(3) Litsinger does not waive rights or claims that may arise after the date the
settlement is executed.
(4) Litsinger waives his rights or claims under the Act and acknowledges the
terms of the settlement herein is only in exchange for consideration in addition to
anything of value to which Litsinger already is entitled.
(5) Litsinger, at all times relevant to this settlement has been represented by
counsel.
(6) On advice of his counsel, Litsinger has knowingly waived the period of at
least 21 days within which to consider the agreement.
(7) On advice of his counsel, Litsinger has knowingly waived the period of at
least 7 days following the execution of such agreement, wherein he could revoke the
agreement, and the agreement shall become effective or enforceable on the date it is
accepted by and approved by the Collier County Board of County Commissioners.
(8) Litsinger knowingly executes a waiver in settlement of the charge he has filed
with the Equal Employment Opportunity Commission alleging age discrimination of a
kind prohibited under section 4 or 15 of 29 USCS S 623 or 633a.
(9) Litsinger and his attorney acknowledge by their signatures below that
Litsinger has been given a reasonable period of time within which to consider this
settlement agreement.
3
12C
Page 4
Settlement Agreement & Release
5. Plaintiff, William S. Litsinger, shall execute this general release III favor of
Defendants, Collier County and Fred Coyle individually.
6. Plaintiff, William S. Litsinger, will terminate his employment relationship with
the Defendant, Collier County, by resignation, effective upon acceptance of the settlement
proposal by the Board of County Commissioners. Litsinger may use any annual leave he has
accrued as of the date of his separation and shall be entitled to health care benefits for the
remainder of the month, or longer, ifthat is standard county policy.
7. In consideration of the resolution of this dispute, and for other good and valuable
consideration as enumerated in this Agreement, the receipt and adequacy of which are hereby
acknowledged, the County and Litsinger, on behalf of themselves, as well as on behalf of their
attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge
among themselves and each other, as well as their officers, elected officials, employees, ex-
employees, agents, attorneys, representatives, insurers, successors, assigns, insurers, sub-
contractors, and affiliates from any and all claims, demands, causes of actions, damages, costs,
attorney's fees, expenses and obligations of any kind or nature whatsoever that they have
asserted or could have asserted against any other of them that arise from or relate to or refer to in
any way to Litsinger's employment with the County, whether directly or indirectly, with the
express exception of an action to enforce this Agreement and/or the terms contained herein.
8. The County and Litsinger acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals, elected
officials, officers, employees, ex-employees, agents, attorneys, sub-contractors, representatives,
insurers, successors, assigns, spouses, heirs and affiliates.
4
12C
, Page 5
Settlement Agreement & Release
9. The County and Litsinger recognize and acknowledge that this Agreement and
Release memorializes and states a settlement of disputed claims related to his employment with
the Defendant, Collier County.
10. The County and Litsinger acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or provision
in this Agreement and Release is to be construed against any party based upon a claim that the
party drafted the ambiguous provision or language or that the party was intended to be benefited
by the ambiguous provision or language.
11. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed with the same formalities as
this Agreement and Release.
12. In the event of an alleged breach of this Agreement and Release, the County and
Litsinger agree that all underlying causes of action or claims of the County and Litsinger have
been mutually extinguished, among and between each of them, by this Agreement and Release
and that the sole remedy for breach of this Agreement and Mutual Release shall be for specific
performance of its terms and conditions; or for any damages arising from the breach. In this
regard, the County and Litsinger further agree that the sole venue for any such action shall be in
the Twentieth Judicial Circuit Court of Florida, or, if that Court refuses to accept jurisdiction
thereover, a Court of competent jurisdiction.
13. The laws ofthe State of Florida shall govern this Agreement and Release.
14. If any action or proceeding is commenced with regard to the subject matter of this
Settlement Agreement and Mutual Release, then the prevailing party in such action or
5
12C
Page 6
Settlement Agreement & Release
proceeding shall be entitled to have its reasonable attorney's fees and costs incurred in said
action or proceeding promptly reimbursed by the non-prevailing party.
15. The parties further agree that time is ofthe essence in all respects regarding this
Settlement Agreement and Mutual Release.
16. After approval of this Settlement Agreement and Mutual Release by the Collier
County Board of County Commissioners, and Fred W. Coyle, individually, and after Litsinger
completes his obligations under this Settlement Agreement and Mutual Release, Defendant,
Collier County, shall remit payment to Litsinger, through his attorney, within thirty (30) days.
WILLIAM S. LITSIN'GER:
By:i::ft-~~~~ ~~
~;-==:=-/.. '
(Signature)
IJ..1,c"ML VA-UClDiC'
~~~
(Signature) !;:L
---7----:-.J or /? A / / '" - ,
(Print) /'
)" /?-I /61--
Approved as to form, content and legal
sufficiency:
Date:
---/"
Samuel C. Gold, Esquire
/-;/
.-- C--
---'-.
FRED W. COYLE:
. /} ,
Wltnesses:~. ,~ . ,~
ll.\,v-R, IJ"w'\C,t;/
(Signature ).1'7 ,.., ( 0
(ih,lu{ ,)PI<'I~b(;,
(Print)
By:
Fred W. Coyle
6
Page 7
Settlement Agreement & Release
(Print)
Dat.
COLLIER COUNTY:
ATTEST:,' 'j~i..(;
DWIQH'f E. BROCK? Clerk of
Courts of COllier Count{Elorida
" ,
BY~~~~~OC .
Date~f~:!!~"
'10.; .
Approved as to form and legal sufficiency:
12C
Approved as to fo~ry legal sufficicncy:
u:;~/
By:
Date: M"y?? ?nn7
7
Ilem# .\(} C ~
~~~;da C;- d- d -01
Date 10- L-Dl
Rec'd
b
Deputy CI
12 C1
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME~FIRST NAME-MIDDLE NAME
MAILING ADDRESS
3301 Tamiami Trail East
CITY
Naples
DATE ON WHICH VOTE OCCURRED
COUNTY
Collier
NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
Collier Count Board of Count Commissioners
THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
o CITY COUNTY 0 OTHER LOCAL AGENCY
NA~ OF POlJTICAl ~BDIVISION;
C I ('COn
MY POSITION IS;
IX ELECTIVE
o APPOINTIVE
WHO MUST FILE FORM 88
This fann is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by vyhich he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one~acre, one~vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any n",tional or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the fonn in the minutes.
.
APPplNTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WiLL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000 PAGE 1
l2C
-,
"i'~
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nature of your conflict in the measure before participating.
You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, ___XR.E1L.w.~__C.Q.LL.E.._____________, hereby disclose that on____ala..y__~~------------------. 200.2._:
(a) A measure came or will come before my agency which (check one)
_2{ inured to my special private gain or loss;
inured to the special gain or loss of my business associate, _________________
.------------------------------.
inured to the special gain or loss of my relative, ________~_______________________________________~_____----------;
inured to the special gain or loss of_____________________________________________________________________. by
whom I am retained; or
inured to the special gain or loss of ___________________________________________________________________, which
is the parent organization or subsidiary of a principal which has retained me,
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Item 12C Board of County Commissioners to
provide action/direction to the Office of the
County Attorney as to any Settlement Negotiations
and Strategy Relating to Litigation Expenditures
in William Litsinger v. Collier County, Florida
and Fred Coyle, individually, Case No, 06-432-CA,
now pending in the Twent{eth Judicial Circuit and
in and for Collier County, Florida.
After consultation with the County Attorney, I abstained from voting on the above matter pursuant to Section 286.012, Florida
Statutes, which provides that "no member of any state, county, or municipal governmental board, commission or agency who is
present at any meeting of such body at which an official decision, ruling or other official act is to be taken or adopted may abstain
from voting.. ,except when, with respect to any such mcmber,there is or appears to be, a possible conflict of interest under the
provisions of 112.311, S.1 J 2.313, or 5.112,3143, Tn such cases, said member shall comply with the disclosure requirem ts of
S,l12.3143."
+~
___:2'~~___~__~_r--~~!--"7------------------
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 3112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND. OR A
CIVIL PENALTY NOT TO EXCEED $10,000,
CE FORM 8S - EFF, 1/2000
PAGE 2
I
ORIQ/;VAlllfB
GRANT AGREEMENT BETWEEN CRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORE/GATEW A Y TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this nnd day of May, 2007 by and between the Collier
County Community Redevelopment Agency (hereinafter referred to as "CRA") and John and
Julie Simoldoni (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of $8.000.00
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of $8.000.00 dollars on May 22, 2007 ("CRA
Approval"), which is 34% of the costs to construct the site improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
I. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program.
2. Owner is the record owner of property described as 2631 Lakeview Drive.
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated A{lril 13. 2007 attached hereto as Exhibit A and
incorporated herein by reference.
4. Owner agrees to complete the construction of the Site Improvements within one
(I) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site
Improvements.
FY2007 SIC; Agreement
latB 'I
5. CRA has approved a grant to Owner in the amount oil g, 000 00 to be
Jt administered pursuant to the terms of this Agreement based on an estimated cost of
,;)3 I '" '8<1. 00. If the actual costs are less than the estimated costs to construct the Site
Improvements and less than $8,000, the grant amount shall be reduced dollar for dollar in
matching CRA funds as determined by ratio of matching private funds required.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after
photos, a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff. The CRA,
through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the CRA.
8. Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved application, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (1) year ofCRA
approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
otIicer of the party to be charged.
I 1. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
FY2007 SIG Agreement
2
11&
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
''I k -J;j-ff16(JA(
Print~d/Typed Name
OWNER:
\r: \ r;
BY:~~- <~
.') c--'
-J ()~,) _) I f"!?' L..r'x;." ,
Printed/Typed Name
(2)Y;.~r ~~
Witness Signature
if "
\ '. '<
l3;tAO
\-_.-------~
~ '
~dk k:vt
----
L..;N~t<-- JL cJ"-Mt:~ON
Printed/Typed Name
__J..Jlg.....,)~..9.1l."LIl
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
b~~:.~~E'
S1ll1ll~ .".
"
~
-
By:
DO
A FIALA, Chairman
Approved as to form and
legal sufficiency:
- ;J;fMJ.LfJ
Item # l!:112 -
~ i~q,"t;da 5 -C):5 . 6
! r)iJ~' 5--0-3 -rJi
I :,.bod
,
"
FY2007 SIG Agreement
,
J
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP'16 A 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO - ~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print em pink paper. Attach to original document. Original documents shuuld be hand delivered to the Board Oftice, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete rout iog lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's signature, draw a line throu[!h rolltin~ lines # l through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I. Or{? 5 [ " '3) D1
""\UOi;\) tJI, Vu.:~ j'\J \"I[) I ~\{t"\1~<J- C'..llES
2. .J '1'
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primal)' contact is the person who created/prepared the executive
summary, Primary contact infonnation is nceded in the event one of the addressees above, including Sue Filson, need to contact staff fOf additional or missing
information All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Dee has acted to approve the
item,)
Name of Primary Staff J l I I Id .....,
Contact 01'\" 'M't)'-<- Sc0Br I....
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
.5"-;). 7--D/
l2e5D/",-,-h~
Phone Number
,-/-03,-5,57
Agenda Item Number
Ib AS"
J
Yes
(Initial)
N/A(Not
A heable)
Number of Original
Documents Attached
N/A is not
an option for
hnc 6,
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the Bee
Chairman and Clerk to the Board and ossibly State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties exee t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCe approval of the
document or the final negotiated contract date whichever is ap lieable,
"Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some contracts arc an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of Bec approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions arc nullified, Be aware of your deadlines!
The document was approved by thc BCC on 5-.l. ~-{)7 (enter datc) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorne 's Office has reviewed the chan es, if a licable.
1: Forms! County Forms! Bee Fonnsl Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Rcvised 2,24,05
2.
3,
4.
5,
6,
16 A5 ,
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Mediterra Unit One". The
roadway and drainage improvements will be privately maintained.
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Mediterra Unit One"
CONSIDERATIONS:
1. On January 24, 2001, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Mediterra Unit One".
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.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division.
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.
16A5
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution for legal
sufficiency.
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Mediterra Unit One" and release the
maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
16A5
RESOLUTION NO. 07- 124
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN MEDITERRA
UNIT ONE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 33,
PAGES 96 THROUGH 101; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
MEDITERRA COMMUNITY ASSOCIATION,
INC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
February 22, 2000 approved the plat of Mediterra Unit One 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 Mediterra Unit One , pursuant
to the plat thereof recorded in Plat Book 33, pages 96 through 101, 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 Mediterra Community
Association, Inc.
This Resolution adopted after motion, second and majority vote favoring same,
this :2. J- day Of~, 2007.
DATE: SCl'S~D'l
ATTEST;, "
DWIGHT E. BROCK, CLERK
~~to~ Q.( -
.fvnatUr't 0111-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
/'
/
By:
Approved as to form and legal
sutIic' cy:
.
Item # \1QB:5
Agenda 5-0 'di)
Date
r ht
t Collier County Attorney
Dat~ '5 ~dS -0"1
Reed
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlPI 6 A 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents shuuld be hand delivered lo the Board Office, The completed routing slip and original
documents are: to be forwarded to the Board Office only after the BO<lrd has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed, l[the document is already complete with the
exception of the Chairman's shmaturc, draw a line thrOlwh routini! lines # 1 t],rough #4, complete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
I. ,\L."du 7u'l\ (M 'SlJ3\Ol
l~cl If., I' \" --\ \tct.",. c.'i)\:'. <;
2. I .J ',j v
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder ofthe original document pt.:nding Bee approval. Nonnally the primary contact is the persoll who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation, All original documents needing the Bee ChaimlUn's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,)
Name of Primary Staff J I
Contact 011 1'\
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
NvcJd"DJr-t~
Phonc Number
403-5757
Agenda Item Number
5 -2.7.-0
12 e s DJ",.-1-,' <>v1
N umber of Original
Documents Attached
/bAt.,
I
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
aODrooriate. (Initial) Aonlicable)
1. Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from 9f
contracts, agreements, cte, that have been fully executed by all parties except the Bee
Chailman and Clerk to the Board and oossibIy State Officials,)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's 9f
Office and all other parties exceot the BCC Chairman and the Clerk to the Board
3, The Chairman's signature line date has been entered as the date ofBCC approval of the q-f
document or the final negotiated contract date whichever is annlieable,
4, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CAf'
signature and initials are required.
5, In most cases (some contracts are an exception), the original document and this routing slip "
should be provided to Sue Filson in the BCe office within 24 hours of Bee approval. 9f
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6, The document was approved by the Bce on S-2 2--{) 7 (enter date) and all changes N/A is not
made during the meeting have been incorporated in the attached document. The an option for
County Attorney's Office has reviewed the changes, if applicable. line 6.
1: Fonns/ County Fonnsl BCe Forms! Original Documents Routing Slip WWS Original (H}104, R.evised 1.26,05, Revised 2,24.05
16A6
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Summit Place in Naples, Phase
I". The roadway and drainage improvements will be privately maintained.
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Summit Place in Naples, Phase I"
CONSIDERATIONS:
1. On May 18, 2004, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Summit Place in Naples, Phase I".
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.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division.
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 for legal
sufficiency.
16A6
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Summit Place in Naples, Phase I" and release
the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
16A6
RESOLUTION NO. 07_125
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN SUMMIT
PLACE IN NAPLES, PHASE I, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT
BOOK 40, PAGES 80 THROUGH 84; RELEASE
OF THE MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
SUMMIT PLACE IN NAPLES HOMEOWNERS'
ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 9, 2003 approved the plat of Summit Place in Naples, Phase I 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 Summit Place in Naples, Phase
I , pursuant to the plat thereof recorded in Plat Book 40, pages 80 through 84, 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 Summit Place in Naples
Homeowners' Association.
This Resolution adopted after motion, second and majority vote favoring same,
this )..;2. day of ~ 1- ' 2007.
DATE: .s-OS t)r
ATTEST: '
DWIGHT E. BROCK, CLERK
VM;~-UA ~~.0(
- :J , puty lerk ,-
Attest IS to frMll.
A.~~a~~A'l'll/brm and legal
sufficiency:
/'"' .
(
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~/
By'
'J~C 'L~
Item#~
Je 'ght
As . tant Collier County Attorney
Agenda S cr. ......-D..
Dale 0, I
Date S-05-Dil
Rec'd '
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIJ16 A 10
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Otlice only after the Board has taken action 011 the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dales, and/or information needed, If the document is already complete with the
exec tion of the Chairman '5 si nature, draw a line thrau h routin lines # I thrau h #4, com lete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routin order)
I. Michelle Arnold Code Enforcement
2. Judy Puig
CDES
5-/17-07
Si;}))!:?
M~
5 -1.3 -01
3. Joseph Schmitt
CDES
PRIMARY CONTACT INFORMATION
(The primary contact is the holder oCthe original document pending Bee approval, Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Fi]son, need to contact staff for additional or missing
information, All original documents needing the BCC Chainnan's signature are to be delivered to the BCC otlice only after the BCC has acted to approve the
item)
4. Marlene Stewart
CDES
Name of Primary Staff Shirley M. Garcia Phone Number 213-2994
Contact
Agenda Date Item was 5>-).,).- 01 Agenda Item Number I" A. 10
Approved bv the BCC
Type of Document Executive Summary Number of Original 2
Attached Release & Satisfaction of Lien Documents Attached
5. Sue Filson, Executive Manager
Board of County Commissioners
Yes
(Initial)
SMG
N/A (Not
A licable)
6. Minutes and Records
Clerk of Court's Office
N/A
N/A
SMG
SMG
SMG
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si rnature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved hy the BCC on 5 -22.-01 (enter date) and all changes
made during the meeting have heen incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
I: Forms/ County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2,24.05
2.
3,
4.
5,
6.
This instrument prepared by:
JeffE. Wright
Assistant County Attorney
2800 N. Horseshoc Drivc, Ste 301
Naples, Florida 34104
(239) 213-2939
*** 4023647 OR: 4234 PG: 1669 ***
RBCORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL
OS/25/2007 at 09:27AM DWIGHT B. BROCK, CLBRK
RBC FIB 10.00
coms 1.00
Retn:
mRK TO THB BOARD JO
i~~B~~~:ICi 4TH FLOOR 1611_
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Amended Order Imposing Fine/Lien dated March 31, 2000 (and resigned March 28,
2003), a certified copy of which was recorded on April 9, 2003, in O.R. Book 3261,
Pages 2370, et seq., of the Public Records of Collier County, Florida, against the
following described real property, and all other real and personal property located in
Collier County, owned by James Keiser and Southern Exposure of Naples, Inc., has been
discharged in full:
James K. Keiser
1311 Jaybird Way
Naples, Florida
Folio No.
Payment:
Reference:
00286680008
$10,000
Case No. CEB 98-005
The undersigned is authorized to and does hereby release this lien as to the
whole of the above-described real property, and all other real and personal
property owned by James K. Keiser and Southern Exposure of Naples, Inc., and
consents to this lien being discharged ofrecord.
Dated this ).. 2. day of '--rvL-a... r
,2007.
ATTEST:
DWIGH;r 13, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: '~,," ~ r:Jl,
Attest IS Ch t~Clerk
sf lInature on 1 -
By:
JA
Approved as to form and
legal s ciency:
.
1682
MEMORANDUM
Date:
May 25, 2007
To:
Claudine Auclair, Principal Planner
Transportation Planning Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2007-126 authorizing a LAP agreement with
FDOT for intersection improvements at the intersection of
111 th (Bluebill) and 8th Street
Enclosed please find three (3) original LAP agreements; two (2 ) original
resolutions and one certified copy of the resolution referenced above
(Agenda Item #16B2), which was adopted by the Board of County
Commissioners on Tuesday, May 22, 2007.
Please forward on for signature and return a fully executed original document
to the Minutes and Records Department.
If you have any questions, please call me at 774-8406.
Thank you.
Enclosures (3)
1682
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document. Original LJocumcnts should he hand delivered to the Board Office, The completed rouling slip and original
documents arc to be forwarded to the Boord Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's sip'nature, draw a line throu,gh routine: lines #1 throuQ:h #4, comnlete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in roUtiDl? order)
1.
2.
3.
4. Scott R. Teach, ACA County Attorney ./~A OS/24107
~-r/
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach, ACA County Attorney
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary, Primary contact infonnation is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item)
Name of Primary Staff Scott R. Teach, ACA Phone Number 774-8400
Contact
Agenda Date Item was May 22, 2007 Agenda Item Number 16-B-2
AoofOyed by the BCC
Type of Document Resolution & Agreement with FDOT for construction Number of Original Three (3)
Attached improvements @ Intersection Of: l:':;ve. (Bluebill) Documents Attached
and 8th Street 1"11_1
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is appropriate,
1.
Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, ete. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BeC Chairman and Clerk to the Board and possibly State
Officials,)
All handwritten strike. through and revisions have been initialed by the County Attorney's Office and
all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BeC approvaJ of the document or
the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and
initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip should be
provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions
are nullified. Be aware of our deadlines!
The document was approved by the BCC on OS/22/07 and all changes made during the meeting
have been incorporated in the attached document. The County Attorney's Office has reviewed
the chan es, if a Iicable.
Please return two executed ori inal documents to Scott R. Teach, ACA
Yes
(Initial)
SRT
N/A(Not
A IicabJe)
2,
3,
4.
5,
6,
7,
N/A
SRT
SRT
N/A
SRT
SRT
I: Fonns! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2,24.05
<<matter_number>>!<<documencnumber>>
16B2
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (I) approve a Resolution
authorizing the Chairman of the Board of County Commissioners to execute a Local
Agency Program Agreement (LAP) with the Florida Department of Transportation
(FDOT) in which ColJier County would be reimbursed up to $306,205 of the total estimated
cost of $420,000 for the design, construction, engineering and inspection of intersection
improvements at the intersection of 111 th (Bluebill) and 8'h Street.
OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution
approving the attached FDOT Local Agency Program (LAP) Agreement in the amount of
$306,205 for the construction of Intersection Improvements at the intersection of I I I th (Bluebill)
and 8th Street and to approve Collier County's contribution of$1 13,795.
CONSIDERATIONS: The Florida Department of Transportation (FDOT) is willing to enter
into a Local Agency Program Agreement (LAP) with Collier County, wherein FDOT will
reimburse Collier County up to the sum of $306,205 for the construction of intersection
improvements at the intersection of I I I th (Bluebill) and 8th Street. Collier County's contribution
toward the design and construction would be $ 113,795. For location see Exhibit "A".
FISCAL IMPACT: Total cost for the project is estimated to be $420,000 which includes design
not to exceed $70,000 and construction estimated at $350,000.00. This project will require a
county match of$1 13,795 that includes $70,000 for design and $43,750 for construction. Budget
amendments are needed to transfer funds in the amount of $ I 00,000 from the Transportation
Supported Gas Tax Fund Project 600621 (TCMA Northwest) and $13,795 from 60109 (Planning
Consultants) and a budget amendment to recognize funds in the amount of $306,205 and
appropriate in project 600741 Intersection Improvements at Illth and 8th Street.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners:
(I) Approve a Resolution approving, and authorizing the Chairman of the Board of County
Commissioners to execute the attached Local Agency Program Agreement (LAP) with the
Florida Department of Transportation (FDOT) in which Collier County would be
reimbursed up to $306,205 of the total estimated cost of $420,000 for the design,
construction, engineering and inspection of intersection improvements of III th (Bluebill)
and 8th Street;
(2) Authorize the advance of the $306,205 and the County's contribution of $1 13,795 which
includes $70,000 for design and $43,740 for construction.
(3) Approve the necessary budget amendments.
Prepared By: Claudine Auclair, Principal Planner, Transportation Planning Department,
Transportation Services Division.
1682
Executive Summary
Intersection Improvements 111 th and 8th Street
Page 2 of2
Attachments: Exhibit "A" Intersection Improvement Location
Resolution
FDOT Lap Agreement FM # 415543-1
16B2
RESOLUTION NO. 2007 _ 126
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE, A LOCAL
AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION
INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF ruTH
(BLUEBILL) AND 8th STREET, COLLIER COUNTY.
WHEREAS, the State of Florida Department of Transportation (FOOT) is willing to enter
into a Local Agency Program Agreement ("Agreement") with Collier County, wherein FOOT will
reimburse Collier County up to the sum of $306,205 out of an estimated $420,000 total project cost
for the construction of intersection improvements at the following location:
1) Intersection of III th A venue (Bluebill) and 8th Street.
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public
interest to construct these improvements, and that this Agreement is in the best interests of the
citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners approves, and authorizes its Chairman to sign, the
attached Agreement.
2. The Collier County Clerk will forward a certified copy of this Resolution to FOOT along
with the Agreement for execution by FOOT.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLqTJON ADOPTED after motion, second, and majority vote favoring same,
this j). ~ day of LId 1/ ,2007.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER OUNTY FLORIDA
By: G..w...l f1Pl.h-9r~AC
AtU -(),-D~Mty Clerk
st IS to 0.. '...... ,
Aptrb~el!fHsfo~M and legal sufficiency:
~lI-f? LA-
Scott R. Teach
Assistant County Attorney
By:
JAMES COLETTA, CHAIRMAN
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1682
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 1
FPN: 415543-1 Fund: XU
Federal No: 8887156 A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No:
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
(,1,,<I l I /) 'f
THIS AGREEMENT, made and entered into this ~ day of M "-- '1 ,'~ by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department. and the Board of Countv Commissioners. Collier Countv. Florida: 3301 Tamiami Trail East. Naoles. Florida
34112 hereinafter called the Agency.
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: F 596000558102
WIT N E SSE T H:
WHEREAS. the Agency has the authority to enter into this 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 Section 339.12, 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 in minor
intersection imorovements and as further described in Exhibit "An attached hereto and by this reference made a part
hereof, hereinafter called the "project," and to provide Department 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.
1.01 Attachments: Exhibit(s) A.B and 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aoencv Prooram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project).
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects.
1682
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 2
Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects,
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2009, If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the proJect. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: 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 of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite,
2.04 Agency Funds: 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.
2.05 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 and the Federal
Highway Administration (FHWA) may require,
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 350.000.00. This amount is based upon the schedule of funding in
Exhibit "B," The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00,
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation,
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department 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 paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred, See
Exhibit "B" for funding levels by fiscal year, Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received, The Department will notify the Agency, in writing, when
funds are available,
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339, 135(6)(a), Florida Statutes, are hereby incorporated:
1682
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 3
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, invoives 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
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequateiy supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
1682
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03107
Page 4
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97,
Fiorida Statutes, as revised (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, as revised, and/or other procedures. Sy
entering into this Agreement, the recipient 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 recipient is appropriate, the recipient 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 the FOOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMS Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a singie or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as
revised. Exhibit "1" of 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, as revised.
3. 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. However, if the recipient 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 (i.e., the cost of such an audit must be paid from recipient 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: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
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 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 CFO, and Chapters 10.550 (local governmental 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 Department by this Agreement. In determining the state financiai assistance expended in its
fiscai year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements.
2. ,. ~onnection 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 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.
1682 1'1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010--40
PROJECT MANAGEMENT OFFICE
03107
PageS
3. 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. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state 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).
4. State awards are to be identified using the Catalog of State Financiai Assistance (CSFA) title and number, award
num ber and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Scheduie 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.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is compieted or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of
Financiai Services, 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 Submission:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 1 ot" Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, 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 directlv to each of the following:
Michelle S. Peronto
801 North Broadway AVenue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Michelle S. Peronto
1682
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525..()10-40
PROJECT MANAGEMENT OFFICE
03/07
Page 6
801 North Broadway Avenue
Bartow, Florida 33830
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directlv to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
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 Part III of this Agreement shall be submitted by or on
behalf of the recipient directlv to:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental 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
OMB Circular A-133, as revised, 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 financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is Issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor 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 in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
1682
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01040
PROJECT MANAGEMENT OFFICE
03/07
Page 7
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida
Statutes ).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1 )(b),
Florida Statutes).
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 agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department wiil honor requests for reimbursement
to the Agency 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 if:
7.01 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 of data furnished therewith or pursuant
hereto;
7.02 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;
7.03 Approval by Department: The Agency shail have taken any action pertaining to the project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department wiil exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved scheduie of funding in Exhibit "B" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time iines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, 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 this Agreement in whole or in part at any time the interest of the
Department requires such termination.
1682
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
PageS
If the Department determines that the performance of the Agency is not satisfactory, the Department shail have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement wiil be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shail notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this' Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shail be paid for the work satisfactorily
performed. Payment is to be on,the basis otsubstantiated costs.
8.02 Action Subsequent to Notice-ot-Termination or Suspension: Upon receipt of any final termination or suspensi9n
notice under this paragraph, the Agency shail proceed promptly to carry out the actions required therein which may
include any or ail of the foilowing: (a) 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 a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shail be carried out in conformity
with the latest schedule, plan, and cost 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 estimate within a reasonable
time. The closing out of federal financial participation in the project shail not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts ot Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shail not
execute any contract 'or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction 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 shail be sufficient cause for nonpayment by the Department.
The Department specificaily reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in fuil with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for ail projects. In ail cases, the Agency's attorney shail certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shail have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, ail recipients and contractors shail take ail necessary and reasonable steps in accordance with
applicable federal and state iaws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shail comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
16B2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any empioyee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. 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, religion, color, gender, national origin,
disability or marital status. 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 of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard 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 availabie to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, 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 be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
. 'blic entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public buiiding or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTA liON
LOCAL AGENCY PROGRAM AGREEMENT
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"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 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 this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 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.
13.04 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.
13.05 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.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. 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.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, 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 a written
approval with any approved portions of the project and comments or recommendations covering 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 a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.11 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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010--40
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Page 11
13.12 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.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-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 federally-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 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 paragraph 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.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency [8J will 0 will not
maintain the improvements made for their useful life.
13,15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 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 the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will resuit in a delay in the payment. The invoice payment requirements do not start until a properly 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 State Comptroller's Hotline, 1-
800-848-3792.
1682
"-1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 12
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
By:
Nam . Jarres Coletta
Title: BoCC Chairmanor Designee
Attes(1)JJ J{j~.l'" {1(
Title: Clerk '
Attest IS to Cha tl'll4n .
$j onaturf 0/11.
Name: Michael G. Rippe
Title: Director of Transportation Development
Attest:
Title: Executive Secretary
As to form:
As to form:
~w2LL
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
1682
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
08/06
Page13
EXHIBIT "An
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 415543-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated
A1~
UL- ~
I
PROJECT LOCATION: At the intersection of 1111h (Bluebill) and 8th Street.
The project 0 is 181 is not on the National Highway System
The project 0 is 181 is not on the State Highway System,
PROJECT DESCRIPTION: Adding turn lanes on both eastbound and westbound 1111h Avenue at 81h Street.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities,
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Construction contract to be let by October 31. 2007.
b) Construction to be completed by December 31, 2009.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of f~deral funding,
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2005 Florida Greenbook standards,
as amended,
All work to be conducted within the Department Right-of-Way shall adhere to the following:
(1) The FDOT standard specification for road and bridge construction, 2007 edition as amended, and
(2) The FDOT roadway and traffic design standard, 2006 edition as amended and design criteria from the PPM, 2006
edition as amended
1682
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PROJECT MANAGEMENT OFFICE
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Page 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
For all projects the following will apply:
(a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
(b) FDOT "Project Development and Environmental Manual," where applicable
(c) The Local Agency Program Manual
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the project phase, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect
and approve the project phase for payment.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently 06/07 for
construction).
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
Collier County
Finance Department
2671 Airport Pulling Road
Naples, Florida 34412
FPN:
415543-1
PROJECT DESCRIPTION
Name: Minor Intersection Imorovement Length: _
TermIni: 1111h (Bluebill) at 8th Street
FUND]NG
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNOS FUNDS FEOERAL FUNOS
Planning 2006-2007
2007-2008
2008-2009
Total Planning Cost
Project Development & Environment (PD&E)
2006-2007
2007-2008
2008-2009
Tolal PD&E Cosl
Design 2006-2007
2007-2008
2008-2009
Total Design Cost
Rlght-ol-Way 2006-2007
2007-2008
2008-2009
T ota] Riahl-al-Wav Cast
Construction 2006-2007 350 000.00 43 750.00 306 205,00
2007-2008
2008-2009
2009-2010
Total Construction Cost 350 000,00 43 7'<0.00 306 205.00
Construction Engineering and Inspection (CEI)
2006-2007
2007-2008
2008-2009
Tata] CEI Cast
Total Construction and eEl Costs 350 ""0,"0 43 750.00 306205.00
TOTAL COST OF THE PROJECT 3'0 nno.oo 4' 7'0.nn 306 2n5.0"
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each
fiscal year. The Department will notify the Agency. in writing, when funds are available.
No work shall begin unlilthe Department has issued a written Notice to Proceed for each phase. Funds are contingent upon legislative
approval.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFICE
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Page 16
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 350,000.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipientJsub-recipient.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
state Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061,215.422,339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
16B2
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
801 North Broadway Avenue
Bartow, FL 33830
STEPHANIE C. KOPELOUSOS
SECRETARY
June 05, 2007
Ms. Claudine Auclair
Collier County
2885 South Horseshoe Drive
Naples, Florida 34104
RE: Local Agency Program (LAP) Agreement
FM Number:
County:
EA.P. Number:
Contract Number:
Description:
415543-1
Collier
8887 156 A
AO S49
Minor Intersection Improvements - III th Avenue
(Bluebill) at 8th Street
Dear Ms. Auclair:
Enclosed is one (I) original executed Local Agency Program (LAP) Agreements for the above
referenced project. Please retain for your records.
Please keep in mind that invoices may be submitted quarterly; however, an invoice must be
submitted at least twice each fiscal year. The Florida Department of Transportation fiscal year
begins July I and ends June 30.
If I can be of further assistance, please call me at (863) 519-2791 or e-mail at
michelle. peronto@dot.state.fl.us.
Sincerely,
~i'h'J1' s. P,rooro
Local Agency Program Coordinator
FDOT, District I
Cc: file
www.dot.state.f1.us
16B2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 1
FLAIR Approp:
FLAIR Obj:
FLAIR Approp
FLAIR Obj
FLAIR Approp
FLAIR Obj
FLAIR Approp:
FLAIR Obj:
Vendor No: F 596000558102
FPN 415543-1 Fund XU
Federal No 8887156 A Org Code: 55014010106
FPN Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code: --:A,-,
County No03 Contract No 7IVO.tf(
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this tJ2. day of S~_ , flj:jf[ by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and the Board of County Commissioners Collier County Florida; 3301 Tamiami Trail East, Naples Florida
34112 hereinafter called the Agency.
WITNESSETH
WHEREAS, the Agency has the authority to enter into this 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 Section 339.12, 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 in minor
intersection improvements and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the "project," and to provide Department 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.
1.01 Attachments: Exhibit(s) A,B and 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aqency Proqram Manual, which by this reference is
made a part hereof as if fully set forth herein Time is of the essence as to each and every obligation under this
Agreement
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency wilt be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects
l6U2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 2
Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2009. If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: 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 of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: 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.
2.05 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 and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 350.000.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement It is understood that Department 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 paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
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"(a) The department, during any fiscal year, shall not expend money, incur any liability, 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
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5,04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described In this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department 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 fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient 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 the FDOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
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 OMB Circuiar A-133, as
revised. Exhibit "1" of 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 guideiines established by OMS Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. 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-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient 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: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
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 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 CFO, and Chapters 10.550 (local governmental 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 Department 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 financial assistance
received from the Department, other state agencies, and other non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state 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 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.
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3. 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. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state 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).
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.
Part III _ Other Audit Requirements: The recipient 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.
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 of
Financiai Services, 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 Submission:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at 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), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, 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:
Michelle S. Peronto
801 North Broadway Av<;>nue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Michelle S. Peronto
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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801 North Broadway Avenue
Bartow, Florida 33830
3. Copies of the financial reporting package required by Part II 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 address(es):
Michelle S. Peronto
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 Part III of this Agreement shall be submitted by or on
behalf of the recipient directly to: .
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental 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
OMB Circular A-133, as revised, 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 financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor 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 in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5,06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix S, and be
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida
Statutes ).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement ODerations Manual, Topic 350-030-400 (Section 287.058(1 )(b),
Florida Statutes).
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 agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7,00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency 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 if:
7.01 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 of data furnished therewith or pursuant
hereto;
7,02 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;
7.03 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 expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federai-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, 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 this Agreement in whole or in part at any time the interest of the
Department requires such termination.
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If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for compietion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on-the basis of substantiated costs.
8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspensi9n
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: (a) 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 a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost 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 estimate within a reasonable
time. 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.
9.00 Contracts of Agency:
9.01 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 funds, including consultant
or construction 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.
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.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' CompetitiYe Negotiation Act.
10,00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It Is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in com pliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
_ Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
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12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 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, religion, color, sex, national origin,
disability or marital status. 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, religion, color, gender, national origin,
disability or marital status. 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 of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard 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 of the nondiscrimination clause.
12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 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 senvices 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 Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted yendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Senvices, 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 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.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest. direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 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 this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency wili be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13,03 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.
13,04 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.
13,05 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.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. 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.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval ali appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering 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 a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout. that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shali extend to and include the singular. All words used in any gender shall extend to and include
all genders.
1682
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03f07
Page11
13.12 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.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-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 federally-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 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 paragraph 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.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency [2J will D will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 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 the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payabie in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly 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 State Comptroller's Hotline, 1-
800-848-3792.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1682
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 12
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
STAT
By:
By:
Name' ames Coletta
Title: BoCC Chairman or Designee
Attest: ..lluy 1v~1' 0(.
Tille: Clerk <r-o
Attest IS to Ctta 1.... ,
"gnaW", Oft1"
As to form:
Name: Michael G. Rippe
Till'!. Director of Transportation Development
Attest: jJJ./wJ ~ ~(&4)
Tille: Executive cretary
As to form:
~1-l
A ney
/
~I .
~.' ,
" . >~.
J~;ric ..' tt~rn:' I\~:~ \,;;lrllv'wt
:;";{{.>/
See attached Encumbrance Form for date of funding approval by Comptroller.
_ ,__,__,,___,__"_,,~___""'___"~'W_''''_''_ ._.....________"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
1 L B ~25-01O-40
P"~A E~T OFFICE
08/06
Page13
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 415543-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated
0& -oS---o1
PROJECT LOCATION At the intersection of 1111h (Bluebill) and 81h Street
The project 0 IS [g[ is not on the National Highway System
The project 0 is [g[ is not on the State Highway System
PROJECT DESCRIPTION Adding turn lanes on both eastbound and westbound 1111h Avenue at 81h Street.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Construction contract to be let by October 31.2007.
b) Construction to be completed by December 31. 2009.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2005 Florida Greenbook standards,
as amended.
All work to be conducted within the Department Right-of-Way shall adhere to the following:
(1) The FDOT standard specification for road and bridge construction, 2007 edition as amended, and
(2) The FOOT roadway and traffic design standard, 2006 edition as amended and design criteria from the PPM, 2006
edition as amended.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16 D ").ot0-40
PRO .AJ;t~FFlCE
08/06
Page 14
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
For all projects the following will apply:
(a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
(b) FDOT "Project Development and Environmental Manual," where applicable
(c) The Local Agency Program Manual
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the project phase, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect
and approve the project phase for payment.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently 06/07 for
construction).
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16 82240
PROJECT MANAGEMENT OFFICE
Oet06
Page 15
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BilLING ADDRESS
Collier County
Finance Department
2671 Airport Pulling Road
Naples, Florida 34412
FPN:
415543-1
PROJECT DESCRIPTION
Name: Minor Intersection Imorovement Length: _
Termini: 111th (Bluebill) at 8th Street
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2006-2007
2007-2008
2008-2009
Total Planning Cost
Project Development & Environment (PD&E)
2006-2007
2007-2008
2008-2009
Total PD&E Cost
Design 2006-2007
2007-2008
2008-2009
Total Design Cost
Right-of-Way 2006-2007
2007-2008
2008-2009
Total Rioht-of-Wav Cost
Construction 2006.2007 350.000.00 43 750.00 306 250.00
2007-2008
2008-2009
2009-2010
Total Construction Cost 350 000.00 43 750.00 306250.00
Construction Engineering and Inspection (eEl)
2006-2007
2007-2008
2008-2009
Total CEI Cost
Total Construction and GEl Costs 350000.00 43 750.00 306 250.00
TOTAL COST OF THE PROJECT 350 000.00 43 750.00 306250.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each
fiscal year. The Department will notify the Agency, in writing, when funds are available.
No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon legislative
approval.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
16 852040
PROJECT MANAGEMENT OFFICE
08/06
Page 16
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 350,000.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must <be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
state Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
1682
RESOLUTION NO. 2007 _ 126
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE, A LOCAL
AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION
INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF 111TH
(BLUEBILL) AND 8th STREET, COLLIER COUNTY.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter
into a Local Agency Program Agreement ("Agreement") with Collier County, wherein FDOT will
reimburse Collier County up to the sum of $306,205 out of an estimated $420,000 total project cost
for the construction of intersection improvements at the following location:
1) Intersection of 11lth Avenue (Bluebill) and 8th Street.
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public
interest to construct these improvements, and that this Agreement is in the best interests of the
citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the
attached Agreement.
2. The Collier County Clerk will forward a certified copy of this Resolution toFDOT along
with the Agreement for execution by FDOT.
3. This Resolution shall take effect immediately upon adoption.
;J,'~IS RESOLUIIpN ADOPTED after motion, second, and majority vote favoring same,
this ~ day of ill.\,Ju~r ,2007.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER C ,UNTY, ORIDA
By: A~~' ~_~~k
s 10nature on 1 ·
AP~7(2'=i","'Y
Scott R, Teach
Assistant County Attorney
By:
JAMES COLETTA, CHAIRMAN
16 B31 ~
MEMORANDUM
Date: May 29,2007
To: Sue Faulkner, Principal Planner
Alternative Transportation
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2007-127: Grant application for the
Transportation Disadvantaged
Enclosed are three (3) original grant applications, two original
resolutions as well as one certified copy of Resolution 2007-127
(Agenda Item #16B3), adopted by the Board of County Commissioners
on Tuesday, May 22, 2007.
If you should have any questions, please contact me at 774-8406.
Thank you.
Enclosures (3)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING slp B 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Altach to original document. Original documents should be hand delivered to the Board Office, TIle completed routing slip and original
documents arc to be forwarded to the Board Oflicc only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional sib'1latures, dates, and/or information needed. If the document is already complete with the
exccotion of the Chairman's silZnature, draw a line through routing Jines It] through #4, complete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Scott R. Teach, ACA County Attorney Se/f OS/24/07
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach, ACA Countv Attorney's Office
8. Sue Faulkner Alternate Transportation Modes
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval, Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event onc of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the Bee Chainnan's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item,)
Name of Primary Staff Sue Faulkner Phone Number 213-5889
Contact
Agenda Date Item was May 22, 2007 Agenda Item Number 16-B-3
Approved by the BCC
Type of Document Resolution & Grant Application for the Transportation Number of Original One (I) and Two (2)
Attached Disadvantaged . i)J.--\ at Documents Attached Copies
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicahle column, whichever is appropriate,
l.
Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BCC Chairman and Clerk to the Board and possibly State
Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's Office and
all other artics exce t the BeC Chainmm and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the document or
the final ne otiated contract datc whichevcr is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and
initials are re, uired.
In most cases (some contracts arc an exception), the original document and this routing slip should be
provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are
time sensitive and require forwarding to Tallaha"see within a certain time frame or the BCC's actions
are nullified, Be aware of our deadlines!
The document was approved by the BCe on OS/22/07 and all changes made during the meeting
have been incorporated in the attached document. The County Attorney's Office has reviewed
the chan es, if a Iicable.
Please return one executed co to Sue Faulkner and one to Scott R. Teach, ACA
Yes
(Initial)
SRT
N/A(Not
A lieable)
2,
3,
4,
5,
6
7,
N/A
SRT
SRT
N/A
SRT
SRT
1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03.04, Revised 1,26,05, Revised 2,24,05
{<matter_numbef>~! ,(document_numben>
16b3
EXECUTIVE SUMMARY
Recommendation to approve a Resolution of the Collier County Board of County
Commissioners (BCC) authorizing the submission of the Transportation
Disadvantaged Trust Fund Trip/Equipment Grant Application with the Florida
Commission for the Transportation Disadvantaged (CTD).
OBJECTIVE: To approve the attached grant application (Transportation Disadvantaged
Trust Fund Trip/Equipment Grant Acknowledgement Form) and Resolution authorizing
the Chairman of the BCC to sign the application.
CONSIDERATIONS: Recently staff received the attached memo from Lisa Bacot, the
Executive Director of the Commission for the Transportation Disadvantaged concerning
the FY07/08 Transportation Disadvantaged Trust Fund Trip/Equipment Funding
allocations. The letter indicated that Collier County is eligible to receive $608,398 in
FY07/08. Co lIier County must formally apply for these funds in order to receive this
funding. As the Community Transportation Coordinator (CTC) for Collier County, the
BCC is eligible to submit a Transportation Disadvantaged Trust Fund Trip/Equipment
Grant application with the Commission for the Transportation Disadvantaged each year.
Funds from this grant cover a portion of the operating expenses of the Transportation
Disadvantaged Program.
FISCAL IMPACT: This reimbursement grant application will provide transportation
disadvantaged grant funding in the amount of $608,398 (project 450041). A 10% grant
match is required and will be funded through the FY07 budget (project 3(4271).
GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 in the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Board authorize the Chairman of the Board of
County Commissioners to sign the grant application, any assurances, reimbursements
invoices, warranties, certifications and any other documents which may be required in
connection with this application.
Prepared By: Sue Faulkner, Principal Planner, Alternative Transportation Modes Dept.
Attachments: I) Funding allocation memo from the CTD; 2) Trip and Equipment Grant
application
1683
RESOLUTION NO. 2007 _ 127
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(BCC) AUTHORIZING THE CHAIRMAN TO EXECUTE AND FILE AN APPLICATION
FOR A TRANSPORTATION DISADVANTAGED TRUST FUND GRANT APPLICATION
WITH THE FLORIDA COMMISSION OF THE TRANSPORTATION DISADVANTAGED.
WHEREAS, Staff requests the Collier County Board of County Commissioners authorize
its Chairman to execute an application for a Transportation Disadvantaged Trust Fund Grant
from the Florida Commission of the Transportation Disadvantaged in the amount of $608,398;
and
WHEREAS, this BOARD has the authority to execute and file this grant application and
to undertake a transportation disadvantaged service project as authorized by Section 427.0159,
Florida Statues, and Rule 41-2, Florida Administrative Code.
NOW, THERFORE, BE IT RESOLVED BY THE BOARD THAT:
1. The BOARD has the authority to file this grant application.
2. The BOARD authorizes its Chairman to file and execute the application on behalf of the
Collier County Board of County Commissioners with the Florida Commission for the
Transportation Disadvantaged.
3. The BOARD'S Registered Agent in Florida is: David C. Weigel, County Attorney
The registered Agents address is 3301 East Tamiami Trail, Naples, FL 34112.
4. The BOARD authorizes its Chairman to sign any and all assurances, warranties,
certifications, agreements, any subsequent amendments, contracts and other such
documents which may be required in connection with the application.
This Resolution adopted this 22 day of May, 2007, after motion, second and majority
vote in favor of adoption.
ATTEST:
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA
. 1'\.".,
By:~, OL'
~sto h' an's
II . I lrll4ll S
S 1 iffi~eo?~
By:
DWIGHT,j:. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
(Z J~L-
~
T TEACH, ASSISTANT COUNTY ATTORNEY
1683
2007/2008 Transportation Disadvantaged Trust Fund Grant
Acknowledgement Form
GRANT RECIPIENT LEGAL NAME: Collier County Board of County Commissioners
FEDERAL IDENTIFICATION NUMBER: 59-6000558
REMmANCE ADDRESS: 3301 East Tamiami Trail
cm AND STATE:
Naoles. Florida
ZIP CODE: 34112
CONTACT PERSON FOR THIS GRANT: Sue Faulkner
PHONE NUMBER: 239-774-8192
(REQUIRED) E-MAIL ADDRESS:
PROJECT LOCATION [County(ies)]:
PROPOSED PROJECT START DATE:
FAX NUMBER:
239-213-5899
suefaulknert<i'lcollieraov.net
Collier County
Julv L 2007 ENDING DATE: June 30. 2008
ANTICIPATED CAPITAL EOUIPMENT REOUEST
PLANNING FUNDS
Eauioment
n/a
$ Amount
$ 0
On Iv Reauired If Caoital Eauioment is Purchased:
This Acknowledgement Form requesting the purchase of capital equipment has been
reviewed by the n/a Local
Coordinating Board.
n/a
Local Coordinating Board Chairperson's Signature
ESTIMATED CASH-FLOW OF STATE GRANT FUNDS ($ divided bv 1000)
Jul Aug Sept Oct Nav Dee Jan
Feb Mar Apr
May Jun
FY 07/08 50,709 50,699 50,699 50,699 50,699 50,699 50,699 50,699 50,699 50,699 50,699 50,699
I, Jim Coletta. Chairman of the Board of County Commissioners, as the authorized Grant
Recipient Representativ , hereby certify that the information contained in these forms is
true and acc e an "s "tte in accordance with the instructions.
_ k~ ~ I 3'DD1-
Date
Grant ipient Representative (Signature)
ATTEST:
DWIGHT E. BROC.K;.CLERK
BY~~.
Si~ature only
:~~;~r ~GALSUFFlCffiNCY
SCOTI TEACH, ASSISTANT COUNTY ATTORNEY
Item # \[0 B~
. ~,;g~'c135_ ~~.:6l
Dcle S-as-Ol
Reed -
1633
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
COMMUNITY TRANSPORTATION COORDINATOR:Collier County Board of County
Commissioners
EFFECTIVE DATE: Julv 1. 2007
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Passenger Mile or $
Trip)
Ambulatory Random Trip 17.75
Ambulatory Group Trip 15.00
Wheelchair Random Trip 27.50
Wheelchair Group Trip 27.50
Stretcher Trip 28.50
Air Mile 1.50
Hourly Rate Hourly 45.00
Out of Area Trip 12.50
Air Mile 1.50
Escorts Trip 5.00
CAT full-fare one-way ticket Bus pass 1.25
CAT reduced fare one-way ticket Bus pass .60
CAT full-fare 31-day pass Bus pass 35.00
CAT reduced fare 31-day pass Bus pass 17.50
16B3
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
COMMUNITY TRANSPORTATION COORDINATOR:Collier County Board of County
Commissioners
EFFECTIVE DATE: July 1. 2007
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Passenger Mile or $
Trip)
Ambulatory Random Trip 17.75
Ambulatory Group Trip 15.00
Wheelchair Random Trip 27.50
Wheelchair Group Trip 27.50
Stretcher Trip 28.50
Air Mile 1.50
Hourly Rate Hourly 45,00
Out of Area Trip 12.50
Air Mile 1.50
Escorts Trip 5.00
CAT full-fare one-way ticket Bus pass 1.25
CAT reduced fare one-way ticket Bus pass .60
CAT full-fare 31-day pass Bus pass 35.00
CAT reduced fare 31-day pass Bus pass 17.50
16B3
STANDARD ASSURANCES
The recipient hereby assures and certifies that:
(1) The recipient will comply with the federal, state, and local statutes, regulations, executive
orders, and administrative requirements which relate to discrimination on the basis of race,
color, creed, religion, sex, age, and handicap with respect to employment, service provision,
and procurement.
(2) Public and private for-profit, transit and paratransit operators have been or will be afforded a
fair and timely opportunity by the local recipient to participate to the maximum extent feasible
in the planning and provision of the proposed transportation planning services.
(3) The recipient has the requisite fiscal, managerial, and legal capacity to carry out the
Transportation Disadvantaged Program and to receive and disburse State funds.
(4) The recipient intends to accomplish all tasks as identified in this grant application.
(5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace existing
federal, state, or local government funds.
(6) Capital equipment purchased through this grant meets or exceeds the criteria set forth in the
Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the
Commission on July 1, 2001 or criteria set forth by any other federal, state, or local
government agency.
(7) Capital equipment or consultant services purchased through this grant comply with the
competitive procurement requirements of Chapter 287 and Chapter 427, Florida Statutes,
(8) If capital equipment is purchased through this grant, the demand responsive service offered to
individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level
and quality of service offered to individuals without disabilities, Such service, when viewed in
its entirety, is provided in the most integrated setting feasible and is equivalent with respect
to:
(a) response time;
(b) fares;
(c) geographic service area;
(d) hours and days of service;
(e) restrictions on trip purpose;
(f) availability of information and reservation capability; and
(g) contracts on capacity or service availability.
16B3
In accordance with 49 CFR Part 37, public entities operating demand responsive systems for
the general public which receive financial assistance under Sections 5310 or 5311 of the
Federal Transit Administration (FTA) have filed a certification with the appropriate state
program office before procuring any inaccessible vehicle. Such public entities not receiving
FTA funds have also filed a certification with the appropriate program office. Such public
entities receiving FTA funds under any other section of the FTA have filed a certification with
the appropriate FTA regional office.
This certification is valid for no longer than the contract period for which the grant application
is filed.
Date:
Signature:
~~~
Name: JAMES COLETTA
Title: Chairman of the Board of County Commissioners
ATTEST:
DWIGHT E.BROCK" CLERK
By: ~lU~~I")OL.
.- tt st a, t,o, airman's
. aflIU. l!91J1dn I
I ~t..... 0111.'
"""
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
~Jt f2j~
SCOTT TEACH
Assistant County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures. dates, andlor information needed. If the document is already complete with the
exception of the Chairman's silffiature, draw a line throulll routine lines # I throueh #4, cOffiolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(Ust in routinl! order)
I. _____._.__..._____....n___ 0____
-,.._---_._---~--,._----
2. -_.._~ ..-
3. ......_-~- ..--'''- . "_n"__ ------.--.....-..-.."....-----..
-
4. Scott R. Teach, ACA County Attorney ~~ 07127107
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach, ACA County Attorney
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bec Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Scott R. Teach, ACA Phone Number 774-8400
Contact
Agenda Date Item was May 22, 2007 Agenda Item Number 16-B-3
Approved bv the BCC
Type of Document Florida Commission for the Transportation Number of Original Two (2)
Attached Disadvantaged Trip & Equipment Grant Agreement Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BeC Chairman and Clerk to the Board and possibly State
Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's Office and
all other arties exce t the Bee Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BeC approval of the document or
the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and
initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip should be
provided to Sue Filson in the Bee office within 24 hours of BCC approval. Some documents are
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe s actions
are nullified. Be aware of our deadlines!
The document was approved by the BeC on OS/22/07 and all changes made during the meeting
have been incorporated in the attached document. The County Attorney's Office has reviewed
the chan es, if a licable.
Please return two executed ori inal documents to Scott R. Teach, ACA
Yes
(Initial)
SRT
N/A(Not
A lieable)
2.
3.
4.
5.
6.
7.
N/A
SRT
SRT
N/A
SRT
SRT
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Rc;vised 1.26.05, Revised 2.24.05
<<matter_numbeD)/<(document_numben)
1683
MEMORANDUM
Date:
July 30, 2007
To:
Scott Teach
Assistant County Attorney
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Florida Commission for the Transportation
Disadvantaged Trip & Equipment Grant Agreement
Enclosed please find two original copies of the document as referenced
above, (Agenda Item #16B3), adopted by the Board of County
Commissioners on Tuesday, May 22, 2007.
Please return a fully executed copy to the Minutes & Records Department
once all signatures are received.
If you should have any questions, please contact me
774-8411.
Thank you.
1683
OFflCROFTHRCOUNTYATTORNRY
INTEROFFICE MEMORANDUM
DATE:
July 27,2007
TO:
Sue Filson, Executive Manager to the Board of County Commissioners, Collier
County 5/b1
Scott R. Teach, Assistant County Attorney
FROM:
SUBJECT:
Florida Commission For the Transportation Disadvantaged Trip & Equipment
Grant Agreement
Attached please find the above-referenced documents to be signed by Commissioner
Coletta together with the Routing Slip. If you would be able to facilitate expediting these
materials, it would be greatly appreciated. If possible, please having the executed documents
back to my office by Monday, July 30, 2007.
I have attached a copy of this memo to be forwarded to Minutes & Records and request
that they contact my secretary, Kathy Crotteau, at extension 6052 when they are ready to be
picked up.
Thank you for your cooperation and assistance.
cc: David C. Weigel, County Attorney
Minutes and Records
04-TRN.OI05511719
'-
16.93
COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
GRANT AGREEMENT CHECKLIST
Please use this checklist on all Grant Agreements, Supplemental Grant
Agreements, and Agreement Terminations to insure validity of the Agreement.
4.
.J?0
;1 - 6.
1.
Original signatures must appear on all copies of the agreement.
2.
Be sure authorized parties type or neatly print titles and names on all
copies to insure clarity.
3.
Be sure to include a resolution or certifiecj minutes from the agency
authorizing signing of the agreement by an individual. The resolution
must have original signatures; the minutes must be certified
copies. The current grant application includes a sample resolution.
Another resolution does not need to be submitted with the grant, if a
resolution was submitted with the grant application.
Signatures on the agreements must be attested to by one affirming official
and sealed (corporate or notary seal). Resolutions or certified minutes
should also be sealed and attested to.
'~o ~~~~;'I~i~--~~;~~~~o~~-~~u~~re~~e~~~--'---)
--------------
Return the. two signed copies for further processing to:
Commission for the Transportation Disadvantaged
605 Suwannee Street, Mail Station 49
Tallahassee, Florida 32399-0450
We will mail you a copy of the agreement after the Commission for the
Transportation Disadvantaged has executed it.
7. Do not incur costs against this project until the Commission for the
Transportation has executed this agreement and you have the notice to
proceed from the Commission for the Transportation Disadvantaged.
Form Rev. 3/05/07
16 83 ~ ~
SAMAS Approp:
SAMAS Obj.:
Org Code:
108846 Fund:
750074 Function:
55 12 00 00 952 Contract No.:
TDTF
035
FM/Job No(s). :20724618401/20724638401
CSFA No. 55.001
Vendor No.:F596-000-558-004
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
TRIP &. EQUIPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into this day of . 200_ byand
between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created
pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and CollierCountvBoardof
County Commissioners. 3301 East Tamiami Trail. Naoles. Florida 34112 hereinafter called the
Grantee.
WIT N E SSE T H:
WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project
hereinafter described, and the Commission has been granted the authority to use Transportation
Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's
transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the
provision of non-sponsored transportation services and other responsibilities identified in Chapter 427,
Florida Statutes or rules thereof;
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 non-sponsored transportation trips and/or capital equipment to the non-sponsored transportation
disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida
Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual
for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 5,
2007; and as further described in this Agreement and in Exhibit(s) A. B. C attached hereto and by this
reference made a part hereof, hereinafter called the Project; and, for the Commission to provide non-
sponsored financial assistance to the Grantee and state the terms and conditions upon which such non-
sponsored financial assistance will be provided and the understandings as to the manner in which the
Project will be undertaken and completed. Funds available through this agreement may be used only for
non-sponsored transportation services and shall be applied only after all other potential funding sources
have been used and eliminated. Grant funds shall not be used to supplant or replace funding of
transportation disadvantaged services which are currently funded to a recipient by any federal, state, or
local governmental agency.
2.00 Accomplishment of the Project:
2.10 General Requirements: The Grantee shall commence, and complete the Project as
described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner,
and in accordance with the provisions herein, and all federal, state and local applicable laws.
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03/05/07
Page 1 of 22
16B3
, t
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 Grantee to enter into this Agreement or to undertake the Project
hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the
Grantee will initiate and consummate, as provided by law, all actions necessary with respect to
any such matters so requisite.
2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to
provide the necessary funds or in-kind contributions necessary for the completion of the Project.
2.40 Submission of Proceedings, Contracts and Other Documents and Products: The
Grantee shall submit to the Commission such data, reports, records, contracts, certifications and
other financial or operational documents or products relating to the Project as the Commission
may require as provided by law, rule or under this agreement including those listed in Exhibit "c."
Failure by the Grantee to provide such documents, or provide other documents or products
required by previous agreements between the Commission and the Grantee, may, at the
Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions
against the Grantee, including termination.
2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into
this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable
law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida
Administrative Code, the approved Trip and Equipment grant application submitted by the
Grantee, and the Application and Policy Manual for the Trip & Equipment Grant, as revised on
March 5, 2007.
2.60 Annual Monitoring and Evaluation: The law provides that each local coordinating board
annually evaluate the performance of the Grantee using evaluation criteria approved by the
Commission. A copy of the evaluation report will be given to the designated official planning
agency and the Commission. The Grantee must fully cooperate with the local coordinating board
in the performance of its duties. The Grantee shall submit to the local coordinating board such
data, reports, records, contracts, certifications and other financial or operational documents or
products relating to the Project as provided by law, rule or under this agreement. Failure by the
Grantee to cooperate with, or to provide such documents or other products to the local
coordinating board may, at the Commission's discretion, result in permissible sanctions against the
Grantee, including termination.
3.00 Total Project Cost: The total estimated cost of the Project is $ 676.292.00. This amount is
based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The
Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits
involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof
after completion of the project.
4.00 Commission Participation: The Commission agrees to maximum participation, including
contingencies, in the Project in the amount of $ 608.663.00 as detailed in Exhibit "B," or in an amount
equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less.
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03/05/07
Page 2 of 22
1683
4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the
Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee
to subsidize a portion of a transportation disadvantaged person's transportation costs which is not
sponsored by any other agency, and then only if a match, as specified in the Application and
Policy Manual for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipment
Grant Funds may also be used to purchase capital equipment used for the provision of non-
sponsored transportation services.
4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed
only from the date of this Agreement. It is understood that State participation in eligible project
costs is subject to:
a) The understanding that disbursement of funds will be made in accordance with the
Commission's cash forecast;
b) Availability of funds as stated in Article 17.00 of this Agreement;
c) Commission approval of the project scope and budget (Exhibits A & B) at the time
appropriation authority becomes available;
d) Submission of all certifications, invoices, detailed supporting documentation, or other
obligating documents and all other terms of this agreement.
If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged
Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written
approval of such acquisition from the Commission and then execute an amended Exhibit "A."
4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant
agreement, the Grantee must also adhere to the following limitations on the use of Transportation
Disadvantaged Trust Funds:
4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may
not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one
designated service area to another without the express written approval of the Commission.
4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation
Disadvantaged Trust Funds which the Grantee actually uses to transport eligible
transportation disadvantaged passengers in the coordinated system.
4.40 Front End Funding: Front end funding is not applicable.
5.00 Retainage: Retainage is not applicable.
6.00 Project Budget and Disbursement Schedule:
6.10 The Project Budget: The Grantee shall maintain the Commission approved Project
Budget, as set forth in Exhibit "B," 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. The budget may be revised periodically, but no budget revision shall be effective unless it
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03/05/07
Page 3 of 22
16F3
complies with fund participation requirements established in Article 4.00 of this Agreement and is
approved in writing by the Commission. Any budget revision that changes the fund participation
requirements established in Article 4.00 of this agreement shall not be effective unless approved in
writing by the Commission and the Florida Department of Transportation Comptroller.
6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved
disbursements schedule, contained in Exhibit "B." This schedule shall show estimated
disbursement of Commission funds for the entire term of the Project by month or quarter of the
fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project
phase where such division is determined to be appropriate by the Commission. Any deviation from
the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by
the agency and advance approval by the Commission. Reimbursement for the Commission's share
of the project shall not be made for an amount greater than the cumulative total up to any given
month as indicated in the disbursement schedule in Exhibit "B."
7.00 Accounting Records, Audits and Insurance:
7 .10 Establishment and Maintenance of Accounting Records: The Grantee shall establish
for the Project, in conformity with the latest current uniform requirements established by the
Commission to facilitate the administration of the non-sponsored financing program, either
separate accounts to be maintained within its existing accounting system, or establish independent
accounts. Such non-sponsored financing accounts are referred to herein collectively as the
"Project Account."
The Project Account, and detailed documentation supporting the Project Account, must be made
available upon request, without cost, to the Commission any time during the period of the
Agreement and for five years after final payment is made or if any audit has been initiated and
audit findings have not been resolved at the end of five years, the records shall be retained until
resolution of the audit findings.
Should the Grantee provide "sponsored" transportation to other purchasing agencies within the
coordinated system during the time period of this Agreement, the Grantee shall maintain detailed
documentation supporting the "sponsored" transportation to the other purchasing agencies, and
must make this documentation available upon request, without cost, to the Commission any time
during the period of the Agreement and for five years after final payment is made or if any audit
has been initiated and audit findings have not been resolved at the end of five years, the records
shall be retained until resolution of the audit findings.
7.20 Funds Received Or Made Available for The Project: The Grantee 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 non-sponsored transportation payments received by it
from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the Project, which Commission payments and other funds are
herein collectively referred to as "Project Funds." The Grantee 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
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03/05/07
Page 4 of 22
1683
the Commission, 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 Commission.
7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only
eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to
actions which have not met the other requirements of this Agreement, shall not be considered
eligible costs.
7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged
to the Project, including any approved services contributed by the Grantee or others, shall be
supported by properly executed payrolls, time records, invoices, contracts, driver's manifests,
vouchers, vehicle titles, and other detailed supporting documentation evidencing in proper detail
the nature and propriety of the charges. Records must be kept to show how the value placed on
third party transactions was derived.
The Grantee shall provide sufficient detailed documentation for each cost or claim for
reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were
those which were promised. The documentation must be sufficiently detailed to comply with the
laws and policies of the Department of Banking and Finance.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect
to any item which is or will be chargeable against the Project Account will be drawn only in
accordance with a properly signed voucher then on file in the office of the Grantee 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, within the Grantee's existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
7.60 Audit Reports: In the event that the Grant recipient expends a total of $500,000 or more
in State awards in its fiscal year, the Grant recipient must have a State single or project-specific
audit for such fiscal year in accordance with Section 215.97, Florida Statutes, Rule Sections
10.550, 10.650, Florida Administrative Code, and the applicable rules of the Department of
Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (non-
profit and for-profit organizations), and Rules of the Auditor General. State Awards will be
identified using the Catalog of State Financial Assistance (CSFA) title and number, award number
and year, the name of the awarding State Agency. If the grant recipient expends less than
$500,000 in state financial assistance in its fiscal year, an audit is not required and if the grant
recipient 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 non-State funds.
The Grant recipient agrees to allow the Commission, the Department of Transportation, the State
Comptroller and the Auditor General access to records and independent auditor's working papers,
as necessary for complying with the requirements of Section 215.97, Florida Statutes.
The Grant Recipient shall provide annual financial reporting package of audits prepared in
accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03/05/07
Page 5 of 22
the Commission and the Office of the Auditor General.
1683
The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized
representatives to inspect all work, materials, payrolls, records, drivers' manifests, capital
equipment; and to audit the books, records and accounts pertaining to the financing and
development of the project at all reasonable times including upon completion of the project, and
without notice. Grant recipients shall make all records available to the CTD, upon request, for a
period of five (5) years after final project invoice. Should the Grantee provide "sponsored"
transportation to other purchasing agencies within the coordinated system during the time period
of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored"
transportation to the other purchasing agencies, and must make this documentation available
upon request, without cost, to the Commission any time during the period of the Agreement and
for five years after final payment is made or if any audit has been initiated and audit findings have
not been resolved at the end of five years, the records shall be retained until resolution of the
audit findings.
If an audit discloses any significant audit findings relating to any award, including material
noncompliance with individual project compliance requirements or reportable conditions in internal
controls of the Grant Recipient shall submit as part of the audit package to the Commission a plan
for corrective action to eliminate such audit findings or a statement describing the reasons that
corrective action is not necessary. The Grant Recipient shall take timely and appropriate
corrective action to any audit findings, recommendations, and corrective action plans.
Monitoring: In addition to reviews of audits conducted in accordance with OMB A-133
monitoring procedures may include, but not be limited to, on-site visits by Commission staff,
limited scope audits as defined by OMB A-133, and/or other procedures. By entering into this
agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Commission. In the event the Commission
determines that a limited scope or project-specific audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Commission 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 State Comptroller or
Auditor General. The Grantee shall also require auditors to determine compliance with Article
12.00 and Paragraph 8.26, and Exhibit "A," "Special Considerations by Grantee."
7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and
guarantee liability for minimum coverage as follows:
7.71 Liability: Liability coverage in an amount of $100,000 for anyone (1) person,
$200,000 per occurrence at all times in which Project vehicles or equipment are engaged in
approved project activities. The Grantee shall insure that contracting Transportation
Operators also maintain the same minimum liability insurance, or an equal governmental
insurance program.
7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required
to pay for any damages to the Project vehicle(s) and equipment including restoring to its
then market value or replacement.
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03/05/07
Page 6 of 22
1683
7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive
coverage property insurance, with replacement cost value, on equipment, other than
vehicles, purchased with Transportation Disadvantaged Trust Funds.
7.74 Other Insurance: The above required insurance will be primary to any other
insurance coverage that may be applicable.
8.00 Requisitions and Payments:
8.10 Preliminary Action by the Grantee: In order to obtain any Transportation
Disadvantaged Trust Funds, the Grantee shall:
8.11 File with the Commission for the Transportation Disadvantaged, 605
Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice
on a form or forms prescribed by the Commission, and such other detailed supporting
documentation pertaining to the Project Account and the Project (as listed in Exhibit "C"
hereof) as the Commission may require, to justify and support the payment requisitions,
invoices, and vouchers, as specified in the Commission's Grant Agreement/Contract Invoicing
Procedures.
8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the
provisions of the Agreement and that all invoices and support documentation will be true and
correct.
8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will
honor such requisitions in amounts and at times deemed by the Commission to be proper and in
accordance with this Agreement to ensure the completion of the Project and payment of the
eligible costs. However, notwithstanding any other provision of this Agreement, the Commission
may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the
Project Account if:
8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature
in its application, or any supplement thereto or amendment thereof, with respect to any
document or record of data or certification furnished therewith or pursuant hereto;
8.22 Litigation: There is pending litigation with respect to the performance by the
Grantee of any of its duties or obligations which may jeopardize or adversely affect the
Project, the Agreement, or payments to the Project;
8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide
to the Commission detailed documentation of requisitions or certifications of actions taken;
8.24 Conflict of Interests: There has been any violation of the conflict of interest
provisions, prohibited interests, or lobbying restrictions, contained herein;
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03/05/07
Page 7 of 22
1683
-
8.25 Default: The Grantee has been determined by the Commission to be in default under
any of the provisions of this or any other Agreement which the Grantee has with the
Commission; or
8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust
Funds to replace or supplant available and appropriate funds for the same purposes, in
violation of Chapter 427, Florida Statutes.
8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission
will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs
which are not provided for in the latest approved budget for the Project, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs
attributable to goods, equipment, vehicles or services received under a contract or other
arrangements which have not been approved in writing by the Commission or certified by the
Grantee, pursuant to Exhibit "c."
8.40 Invoices for Goods or SelVices: Invoices for goods or services or expenses provided or
incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit
and postaudit thereof. Failure to submit to the Commission detailed supporting documentation
with the invoice or request for project funds will be cause for the Commission to refuse to pay the
amount claimed by the Grantee until the Commission is satisfied that the criteria set out in
Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-1, Florida Administrative Code,
and the Application and Policy Manual for the Trip & Equipment Grant is met.
8.50 Commission Claims: If, after project completion, any claim is made by the Commission
resulting from an audit or for work or services performed pursuant to this agreement, the
Commission may offset such amount from payments due for work or services done under any
grant agreement which it has with the Grantee owing such amount if, upon demand, payment of
the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to
this section shall not be considered a breach of contract by the Commission.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion,
finally discontinues the Project; or if, by reason of any of the events or conditions set forth in
Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of
the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the
Commission may, by written notice to the Grantee, 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 Commission may terminate any or all of its obligations under this
Agreement.
9.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any
final termination or suspension notice under this Paragraph, the Grantee 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
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03/05/07
Page 8 of 22
1683
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 Commission such portion of the financing and any advance payment previously received as
is determined by the Commission 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 Commission or upon the basis of terms and conditions imposed by the
Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a
reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of
any claim which the Commission may otherwise have arising out of this Agreement.
9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this
agreement for refusal by the Grantee or its contractors to allow public access to all documents,
papers, letters, records or other materials subject to the provisions of Chapter 119, Florida
Statutes, and made or received in conjunction with this agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion and after
financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project
costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of
any unexpended balance in the Project Account.
11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit,
the Commission'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 at all
reasonable times including upon completion of the Project, and without notice.
12.00 Contracts of the Grantee:
12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself
in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys,
including transportation operator and consultant contracts or amendments thereto, with any third
party with respect to the Project without being able to provide a written certification by the
Grantee that the contract or obligation was executed in accordance with the competitive
procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the
rules promulgated by the Department of Management Services. Failure to provide such
certification, upon the Commission's request, shall be sufficient cause for nonpayment by the
Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this
Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance
with this section.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and
agreed by the parties hereto that participation by the Commission in a project with a Grantee,
where the project involves a consultant contract for any service, is contingent on the Grantee
complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive
Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each
consultant contract it enters.
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1683 'ff.,
12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other
commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the
Commission's request, the Grantee shall certify compliance with this law.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of this
Agreement, the Grantee shall not discriminate against any employee or applicant for employment
because of race, age, disability, creed, color, sex or national origin. The Grantee will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, age, disability, 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 Grantee shall
insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development of operation of the Project, except contracts for the
standard commercial supplies or raw materials, and shall require all such contractors to insert a
similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. The Grantee shall post, in conspicuous places available to employees and applicants for
employment for Project work, notices setting forth the provisions of the nondiscrimination clause.
13.20 Title VI- Civil Rights Act of 1964: The Grantee must comply with all the requirements
imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal
Department of Transportation, the Regulations of the Federal Department of Justice and the
assurance by the Grantee pursuant thereto.
13.30 Prohibited Interests:
13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no
officer of the Grantee, or employee acting in his or her official capacity as a purchasing
agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services
for the Grantee from any business entity of which the officer or employee or the officer's or
employee's business associate or spouse or child is an officer, partner, director, or proprietor
or in which such officer or employee or the officer's or employee's spouse or child, or any
combination of them, has a material interest.
13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful
for an officer or employee of the Grantee, or for any company, corporation, or firm in which
an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be
personally interested in the purchase or the furnishing of any materials, services or supplies
to be used in the work of this agreement or in the performance of any other work for which
the Grantee is responsible.
13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit
Trip &. Equipment Grant Agreement 2007/2008
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16
"7
J
,...,...
or accept funds from any person who has, maintains, or seeks business relations with the
Grantee.
13.34 Former Employees - Contractual Services: Unless authorized in writing by the
Commission, no employee of the Grantee shall, within 1 year after retirement or termination,
have or hold any employment or contractual relationship with any business entity in
connection with any contract for contractual services which was within his or her
responsibility while an employee.
13.35 Former Employees - Consulting Services: The sum of money paid to a former
employee of the Grantee during the first year after the cessation of his or her responsibilities,
by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual
salary received on the date of cessation of his or her responsibilities. The provisions of this
section may be waived by the Grantee for a particular contract if the Grantee determines,
and the Commission approves, that such waiver will result in significant time or cost savings
for the Grantee and the project.
The Grantee shall insert in all contracts entered into in connection with this Agreement and
shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Grantee during his tenure or for one year
thereafter shall have any interest, direct or indirect, in this contract or the proceeds
thereof. "
The provisions of this section shall not be applicable to any agreement between the Grantee
and its fiscal depositories, or to any agreement for utility services the rates for which are
fixed or controlled by a Governmental agency.
13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its
contractors or their sub-contractors shall not discriminate against anyone on the basis of a
handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no
funds shall be used to rent, lease or barter any real property that is not accessible to persons with
disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons
with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities
Act, as amended, as it may be amended from time to time.
13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this
Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No
Grantee may employ any person or organization with funds received pursuant to this Agreement
for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose of
lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for
publication and distribution of each publication used in lobbying; other printing; media;
advertising, including production costs; postage; entertainment; telephone; and association dues.
The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes,
which is incorporated by reference into this Agreement.
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13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or
transact any business with any person or affiliate on the convicted vendor list for a period of 36
months from the date that person or affiliate was placed on the convicted vendor list unless that
person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes.
The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting
business with a person at the time of the commission of a public entity crime which resulted in
that person being placed on the convicted vendor list, the Grantee may also not accept any bid
from, award any contract to, or transact any business with any other person who is under the
same, or substantially the same, control as the person whose name appears on the convicted
vendor list so long as that person's name appears on the convicted vendor list.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition,
reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or
equipment are equipped to prevent and control environmental pollution.
14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated
or liable hereunder to any party other than the Grantee.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the
Commission of any payment to the Grantee constitute or be construed as a waiver by the
Commission of any breach of covenant or any default which may then exist, on the part of the
Grantee, and the making of such payment by the Commission while any such breach or default
shall exist shall in no way impair or prejudice any right or remedy available to the Commission for
such breach or default.
14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this
Agreement is held invalid, the provision shall be severable and 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 and Commissions: By execution of the Agreement the Grantee 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 Grantee to observe
or enforce compliance with any provision thereof, perform any other act or do any other thing in
contravention of any applicable State or Federal law. Provided, that if any of the provisions of the
Agreement violate any applicable State or Federal law, the Grantee will at once notify the
Commission in writing in order that appropriate changes and modifications may be made by the
Commission and the Grantee to the end that the Grantee may proceed as soon as possible with
the Project.
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14.70 Purchased Vehiclesi or Equipment:
14.71 Maintenance (If Purchased Vehicles or Equipment: The Grantee agrees to
maintain the vehicles c'lnd equipment purchased or financed in whole or in part with
Transportation Disadvantaged Trust Funds pursuant to this Agreement in good working order
for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations
or modifications to the E~quipment or vehicles without the consent of the Commission. Any
lease or assignment of operational responsibility of project vehicles and equipment to third-
persons is not allowed unless approved in writing by the Commission.
14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles
purchased with Transportation Disadvantaged Trust Funds are used to meet the identified
transportation needs of the non-sponsored and in support of the service plan established
under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation
needs of the transportation disadvantaged of the area. Purchased Project equipment and
vehicles shall be operatl~d to their maximum possible efficiency. Purchased vehicles and
equipment will be used for the period of their useful lives in accordance with the most
current Commission poliicies. The Commission may, after consultation with the Grantee,
transfer purchased equipment and vehicles that it deems to be underutilized or that is not
being operated for its intended purpose. This underutilized equipment and vehicles will be
returned to the Commission at a specified location at a mutually agreeable time.
Reimbursement of any equity or interest of the Grantee will be made after another party has
assumed the obligations under the terms and conditions of this Agreement or disposal of said
items by sale has occurred. The Commission shall make the sole determination of the
Grantee's interest and reimbursement. As determined by the Commission, failure to
satisfactorily utilize vehicles and equipment that are purchased with Project funds shall be
sufficient cause for non-payment by the Commission as provided in Paragraph 8.25.
14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is
defined in the Commission's Capital Equipment Procedure as incorporated herein by
reference. The followin!l applicable process must be used prior to disposition of any capital
equipment purchased with these grant funds:
a) While the Grantee is still under contract with the Commission and the capital
equipment still has: useful life, the Grantee must request written approval from the
Commission prior tl) disposing of any equipment purchased or financed in whole or in
part pursuant to this Agreement, including vehicles, during its useful life, for any
purpose. Proceeds from the sale of purchased project equipment and vehicles shall be
documented in the project file(s) by the Grantee. With the approval of the Commission,
these proceeds may be re-invested for any purpose which expands transportation
disadvantaged services for the non-sponsored. If the Grantee does not elect to re-
invest for purposes which expand transportation disadvantaged services, the gross
proceeds from sale shall be refunded to the Commission in the same participation
percentage ratios aiS were used to fund the original purchase.
Tn~ & Equipment Grant Agreement 2007/2008
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1,,,,
if-, -
1.-', i
v', .
....-,
b) The purchase of all vehicles and equipment financed in whole or in part pursuant to
this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission
for the Transportation Disadvantaged in accordance with State regulations and statutes.
Title to any vehicle purchased with Project funds shall be in the name of the Grantee,
subject to lien in favor of the Commission. The Commission will relinquish all interest in
the vehicles and equipment when it has reached the end of its useful life and at this
time the Commission will satisfy its lien of record.
c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds
and no longer a Commission approved Community Transportation Coordinator, the
capital equipment with useful life purchased with these grant funds must be transferred
to an eligible recipient in accordance with the Commission's Capital Equipment
Procedure.
14.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles under contract
between the community transportation coordinator and a transportation operator or coordination
contractor paid in whole or in part with trust fund money, must be reported to the Commission.
Accidents involving a fatality or fatalities must be reported to the Commission not more than 24
hours after the community transportation coordinator becomes aware of the fatal accident. Any
other accident, those not involving a fatality or fatalities, with over $1,000 in property damages,
must be reported to the Commission not more than 72 hours after the community transportation
coordinator becomes aware of the accident.
15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital
equipment or major components thereof, upon the Commission's request the Grantee shall submit to
the Commission, certification that all such equipment meets or exceeds the requirements as identified
in Exhibit "A." Failure to abide by this requirement shall be sufficient cause for nonpayment by the
Commission as provided in Paragraph 8.23.
16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend,
save, and hold harmless the Commission and all their officers, agents or employees from all suits,
actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to
breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any
negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or
employees. Neither the Grantee nor any of its agents will be liable under this article for damages
arising out of injury or damage to persons or property directly caused or resulting from the sole
negligence of the Commission or any of their officers, agents or employees. The parties agree that this
clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar
provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no
agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the
Commission's negligence.
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.
Trip & EqlJipment Grant Agreement 2007/2008
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17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida
Department of Transportation (Department) and assigned to the Secretary of the Florida
Department of Transportation for administrative and fiscal accountability purposes; in the event
this agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(7)(a) and Section 287.058, Florida Statutes, are hereby
incorporated:
The Department, during any fiscal year, shall not expend money, incur any liability, 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 shall be 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 one 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 twenty-five thousand dollars and having a term for a period of more
than one year.
In the event that this Agreement is for more than one year, this Agreement may be renewed
on a yearly basis for a period of up to two (2) years after the initial Agreement or for a
period no longer than the term of the original Agreement, whichever period is longer, on the
condition that renewals shall be contingent upon satisfactory performance evaluations by the
Grantee and is subject to the availability of funds. The Commission's performance and
obligation to pay under any multi-year Agreement is explicitly contingent upon an annual
appropriation by the Legislature.
18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30.
2008. If the Grantee does not complete the Project within this time period, this agreement will expire
unless an extension of the time period is granted to the Grantee in writing by the Chairperson of the
Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be
considered termination of the Project and the procedure established in Article 9.00 of this agreement
shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by
which services may have been provided or equipment funds may have been expended or obligated
under a purchase order, as provided in the project description (Exhibit "A"). Unless otherwise extended
by the Commission, all reimbursement invoices must be received by the Commission no later than
August 15, 2008.
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
Trip & Equipment Grant Agreement 2007/2008
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together shall constitute one in the same instrument.
(
21.00 Vendors and Subcontractors Rights:
21.10 Vendors (in this document identified as the Grantee) providing goods and services to the
Commission will receive payments in accordance with section 215.422, Florida Statutes. The
parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in
which the Commission is required to approve and inspect goods and services shall be changed
from a period not to exceed five (5) working days to a period not to exceed eleven (11) working
days upon receipt of a proper invoice. The Florida Department ofTransportation has twenty (20)
days to deliver a request for payment (voucher) to the Department of Banking and Finance after
receiving an approved invoice from the Commission. The twenty (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 forty (40) days after receipt of the invoice and receipt,
inspection and approval of goods and services, a separate interest penalty per day (as defined by
Rule) will be due and payable, in addition to the invoice amount to the Grantee. 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 Grantee requests
payment. Invoices which have to be returned to a Grantee because of vendor preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the Commission.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The
duties of this individual include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be
contacted at (850) 410-9724.
21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with
approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes.
Each third party contract from the Grantee to a subcontractor for goods or services to be
performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must
contain the following statement:
When a contractor receives from a state agency any payment for contractual services,
commodities, supplies, or construction contracts, except those construction contracts
subject to the provisions of chapter 339, the contractor shall pay such moneys received to
each subcontractor and supplier in proportion to the percentage of work completed by
each subcontractor and supplier at the time of receipt of the payment. If the contractor
receives less than full payment, then the contractor shall be required to disburse only the
funds received on a pro rata basis with the contractor, subcontractors, and suppliers,
each receiving a prorated portion based on the amount due on the payment. If the
contractor without reasonable cause fails to make payments required by this section to
subcontractors and suppliers within seven (7) working days after the receipt by the
contractor of full or partial payment, the contractor shall pay to the subcontractors and
Trip & Equipment Grant Agreement 2007/2008
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1683
suppliers a penalty in the amount of one-half of one percent of the amount due, per day,
from the expiration of the period allowed herein for payment. Such penalty shall be in
addition to actual payments owed and shall not exceed 15 percent of the outstanding
balance due. In addition to other fines or penalties, a person found not in compliance
with any provision of this subsection may be ordered by the court to make restitution for
attorney's fees and all related costs to the aggrieved party or the Department of Legal
Affairs when it provides legal assistance pursuant to this section. The Department of
Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings
brought against contractors under the provisions of this section.
22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by
the Commission.
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168-'
-
FMjJOB Noes). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year
first above written.
GRANTEE: Collier County Board of County
Commissioners
~~4i
JAMES COLETTA
Chairman
COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED
BY:
TITLE:
TITLE: Executive Director (Commission Designee)
ATTEST:
ATTEST:
NOTARY SEAL or TITLE
NOTARY SEAL or TITLE
, .""
,'~,:'<, .!~!Z. ,1 1'. :,~.
A' \ft......:....
"'. I :" .... {Ji\,
~~~~k
Attest:u't.o Chatr.an s
, ~lqilltuf~:6nlo
I,',
DATE FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHED ENCUMBRANCE FORM
DEPARTMENT OF TRANSPORTATION)
Trip & Equipment Grant Agreement 2007/2008
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1683
FM/JOB Noes). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
TRIP/EQUIPMENT
This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the
Transportation Disadvantaged and Collier County Board of County Commissioners. 3301 EastTamiami
Trail. Naoles. Florida 34112
PROJECT LOCATION: Collier County(s)
PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be
provided to the non-sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes,
Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy
Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 5,
2007. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated
transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427/ Florida
Statutes and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in Exhibit B,
Page 2 of 2 attached to and made a part of this agreement. Capital equipment will consist of:
None
SPECIAL CONSIDERATIONS BY GRANTEE:
1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida
Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1, 2000
or criteria set forth by any other federal, state, or local government agency.
SPEGAL CONSIDERATIONS BY COMMISSION:
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CONTRACT NO.
AGREEMENT DATE
1683
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the
Transportation Disadvantaged and Collier County Board of County Commissioners. 3301 East Tamiami Trail.
Naoles. Florida 34112
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule
41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for
the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 5, 2007. Trips
shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement.
Non-Sponsored Trips
Voluntary Dollar
$675,998.00
$294.00
20724618401
20724638401
TOTAL
$676,292.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%)
Local Cash Funds
Voluntary Dollar Contributions
Monetary Value of In-Kind Match
Total Project Cost
$608.398.00
$67.600.00
$265.00
$29.00
$676.292.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000)
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FY 07/08 50.974 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699
Trip & Equipment Grant Agreement 2007/2008
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TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners
EFFECTIVE DATE: Julv 1. 2007
UNIT COST PER UNIT
TYPE OF SERVICE TO BE
(Passenger Mile or Trip) $
PROVIDED
Ambulatory Pickup Trip $12.54
Wheelchair Pickup Trip $21.49
Stretcher Pickup Trip $44.78
Group Pickup (Per Passenger) Trip $6.10
Group Pickup (Per Group) Trip $23.59
CAT Full-fare One-Way Ticket Bus Pass $1.25
CAT Reduced Fare One-Way Ticket Bus Pass $0.60
CAT Full-fare 31 Day Pass Bus Pass $35.00
CAT Reduced Fare 31 Day Pass Bus Pass $17.50
Trip & Equipment Grant Agreement 2007{2008
Form Rev. 03{05{07
Page 21 of 22
B3
FM/JOB No(s). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE
EXHIBIT "e"
TRIP/EQUIPMENT
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the
Transportation Disadvantaged and Collier County Board of County Commissioners. 3301 East Tamiami Trail.
Naoles. Florida 34112.
THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND
CERTIFICATIONS:
DOCUMENTS:
Submit copy of financial reporting packages of audits prepared in accordance with Section 215.97, Florida
Statutes, and applicable Rules of the Auditor General to:
Commission for the Transportation Disadvantaged
605 Suwannee Street, MS-49
Tallahassee, FL 32399-0450
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
Submit invoices for goods and services, with detailed supporting documentation, in detail sufficient for a
proper pre-audit and post-audit thereof.
Retain, and upon request, submit drivers' manifests, with supporting detailed documentation, in detail
sufficient for a proper pre-audit and post-audit thereof.
CERTIFICATIONS:
Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles
as it pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any
reimbursement request for vehicles and shall use the Commission approved format.
THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10
except that written approval is hereby granted for:
1. Contracts furnishing contractual services or commodities from a valid State or inter-governmental
contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan
as set forth in section 287.042(2), Florida Statutes.
2. Contracts furnishing contractual services or commodities for an amount less than Category II as set
forth in section 287.017(1)(b), Florida Statutes.
3. Contracts for consultant services for an amount less than Category I as set forth in section
287.017(1)(a), Florida Statutes.
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SAMAS Approp:
SAMAS Obj.:
Org Code:
108846 Fund:
750074 Function:
55 120000952 Contract No.:
TDTF
035
FM/Job No(s). :20724618401/20724638401
CSFA No. 55.001
Vendor No.:F596-000-558-004
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
TRIP &. EQUIPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into this day of . 200_l:o/and
between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created
pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and CollierCountvBoardof
County Commissioners. 3301 East Tamiami Trail. Naoles. Florida 34112 hereinafter called the
Grantee.
WIT N E SSE T H:
WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project
hereinafter described, and the Commission has been granted the authority to use Transportation
Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's
transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the
provision of non-sponsored transportation services and other responsibilities identified in Chapter 427,
Florida Statutes or rules thereof;
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 non-sponsored transportation trips and/or capital equipment to the non-sponsored transportation
disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida
Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual
for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 5,
2007; and as further described in this Agreement and in Exhibit(s) A. B. C attached hereto and by this
reference made a part hereof, hereinafter called the Project; and, for the Commission to provide non-
sponsored financial assistance to the Grantee and state the terms and conditions upon which such non-
sponsored financial assistance will be provided and the understandings as to the manner in which the
Project will be undertaken and completed. Funds available through this agreement may be used only for
non-sponsored transportation services and shall be applied only after all other potential funding sources
have been used and eliminated. Grant funds shall not be used to supplant or replace funding of
transportation disadvantaged services which are currently funded to a recipient by any federal, state, or
local governmental agency.
2.00 Accomplishment of the Project:
2.10 General Requirements: The Grantee shall commence, and complete the Project as
described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner,
and in accordance with the provisions herein, and all federal, state and local applicable laws.
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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 Grantee to enter into this Agreement or to undertake the Project
hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the
Grantee will initiate and consummate, as provided by law, all actions necessary with respect to
any such matters so requisite.
2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to
provide the necessary funds or in-kind contributions necessary for the completion of the Project.
2.40 Submission of Proceedings, Contracts and Other Documents and Products: The
Grantee shall submit to the Commission such data, reports, records, contracts, certifications and
other financial or operational documents or products relating to the Project as the Commission
may require as provided by law, rule or under this agreement including those listed in Exhibit "c."
Failure by the Grantee to provide such documents, or provide other documents or products
required by previous agreements between the Commission and the Grantee, may, at the
Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions
against the Grantee, including termination.
2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into
this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable
law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida
Administrative Code, the approved Trip and Equipment grant application submitted by the
Grantee, and the Application and Policy Manual for the Trip & Equipment Grant, as revised on
March 5, 2007.
2.60 Annual Monitoring and Evaluation: The law provides that each local coordinating board
annually evaluate the performance of the Grantee using evaluation criteria approved by the
Commission. A copy of the evaluation report will be given to the designated official planning
agency and the Commission. The Grantee must fully cooperate with the local coordinating board
in the performance of its duties. The Grantee shall submit to the local coordinating board such
data, reports, records, contracts, certifications and other financial or operational documents or
products relating to the Project as provided by law, rule or under this agreement. Failure by the
Grantee to cooperate with, or to provide such documents or other products to the local
coordinating board may, at the Commission's discretion, result in permissible sanctions against the
Grantee, including termination.
3.00 Total Project Cost: The total estimated cost of the Project is $ 676.292.00. This amount is
based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The
Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits
involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof
after completion of the project.
4.00 Commission Participation: The Commission agrees to maximum participation, including
contingencies, in the Project in the amount of $ 608.663.00 as detailed in Exhibit "B," or in an amount
equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less.
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-
4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the
Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee
to subsidize a portion of a transportation disadvantaged person's transportation costs which is not
sponsored by any other agency, and then only if a match, as specified in the Application and
Policy Manual for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipment
Grant Funds may also be used to purchase capital equipment used for the provision of non-
sponsored transportation services.
4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed
only from the date of this Agreement. It is understood that State participation in eligible project
costs is subject to:
a) The understanding that disbursement of funds will be made in accordance with the
Commission's cash forecast;
b) Availability of funds as stated in Article 17.00 of this Agreement;
c) Commission approval of the project scope and budget (Exhibits A & B) at the time
appropriation authority becomes available;
d) Submission of all certifications, invoices, detailed supporting documentation, or other
obligating documents and all other terms of this agreement.
If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged
Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written
approval of such acquisition from the Commission and then execute an amended Exhibit "A."
4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant
agreement, the Grantee must also adhere to the following limitations on the use ofTransportation
Disadvantaged Trust Funds:
4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may
not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one
designated service area to another without the express written approval of the Commission.
4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation
Disadvantaged Trust Funds which the Grantee actually uses to transport eligible
transportation disadvantaged passengers in the coordinated system.
4.40 Front End Funding: Front end funding is not applicable.
5.00 Retainage: Retainage is not applicable.
6.00 Project Budget and Disbursement Schedule:
6.10 The Project Budget: The Grantee shall maintain the Commission approved Project
Budget, as set forth in Exhibit "B," 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. The budget may be revised periodically, but no budget revision shall be effective unless it
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complies with fund participation requirements established in Article 4.00 of this Agreement and is
approved in writing by the Commission. Any budget revision that changes the fund participation
requirements established in Article 4.00 of this agreement shall not be effective unless approved in
writing by the Commission and the Florida Department of Transportation Comptroller.
6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved
disbursements schedule, contained in Exhibit "B." This schedule shall show estimated
disbursement of Commission funds for the entire term of the Project by month or quarter of the
fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project
phase where such division is determined to be appropriate by the Commission. Any deviation from
the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by
the agency and advance approval by the Commission. Reimbursement for the Commission's share
of the project shall not be made for an amount greater than the cumulative total up to any given
month as indicated in the disbursement schedule in Exhibit "B."
7.00 Accounting Records, Audits and Insurance:
7 .10 Establishment and Maintenance of Accounting Records: The Grantee shall establish
for the Project, in conformity with the latest current uniform requirements established by the
Commission to facilitate the administration of the non-sponsored financing program, either
separate accounts to be maintained within its existing accounting system, or establish independent
accounts. Such non-sponsored financing accounts are referred to herein collectively as the
"Project Account."
The Project Account, and detailed documentation supporting the Project Account, must be made
available upon request, without cost, to the Commission any time during the period of the
Agreement and for five years after final payment is made or if any audit has been initiated and
audit findings have not been resolved at the end of five years, the records shall be retained until
resolution of the audit findings.
Should the Grantee provide "sponsored" transportation to other purchasing agencies within the
coordinated system during the time period of this Agreement, the Grantee shall maintain detailed .
documentation supporting the "sponsored" transportation to the other purchasing agencies, and
must make this documentation available upon request, without cost, to the Commission any time
during the period of the Agreement and for five years after final payment is made or if any audit
has been initiated and audit findings have not been resolved at the end of five years, the records
shall be retained until resolution of the audit findings.
7.20 Funds Received Or Made Available for The Project: The Grantee 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 non-sponsored transportation payments received by it
from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the Project, which Commission payments and other funds are
herein collectively referred to as "Project Funds." The Grantee 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
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the Commission, 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 Commission.
7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only
eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to
actions which have not met the other requirements of this Agreement, shall not be considered
eligible costs.
7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged
to the Project, including any approved services contributed by the Grantee or others, shall be
supported by properly executed payrolls, time records, invoices, contracts, driver's manifests,
vouchers, vehicle titles, and other detailed supporting documentation evidencing in proper detail
the nature and propriety of the charges. Records must be kept to show how the value placed on
third party transactions was derived.
The Grantee shall provide suffiCient detailed documentation for each cost or claim for
reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were
those which were promised. The documentation must be sufficiently detailed to comply with the
laws and policies of the Department of Banking and Finance.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect
to any item which is or will be chargeable against the Project Account will be drawn only in
accordance with a properly signed voucher then on file in the office of the Grantee 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, within the Grantee's existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
7.60 Audit Reports: In the event that the Grant recipient expends a total of $500,000 or more
in State awards in its fiscal year, the Grant recipient must have a State single or project-specific
audit for such fiscal year in accordance with Section 215.97, Florida Statutes, Rule Sections
10.550, 10.650, Florida Administrative Code, and the applicable rules of the Department of
Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (non-
profit and for-profit organizations), and Rules of the Auditor General. State Awards will be
identified using the Catalog of State Financial Assistance (CSFA) title and number, award number
and year, the name of the awarding State Agency. If the grant recipient expends less than
$500,000 in state financial assistance in its fiscal year, an audit is not required and if the grant
recipient 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 non-State funds.
The Grant recipient agrees to allow the Commission, the Department of Transportation, the State
Comptroller and the Auditor General access to records and independent auditor's working papers,
as necessary for complying with the requirements of Section 215.97, Florida Statutes.
The Grant Recipient shall provide annual financial reporting package of audits prepared in
accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to
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The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized
representatives to inspect all work, materials, payrolls, records, drivers' manifests, capital
equipment; and to audit the books, records and accounts pertaining to the financing and
development of the project at all reasonable times including upon completion of the project, and
without notice. Grant recipients shall make all records available to the CTD, upon request, for a
period of five (5) years after final project invoice. Should the Grantee provide "sponsored"
transportation to other purchasing agencies within the coordinated system during the time period
of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored"
transportation to the other purchasing agencies, and must make this documentation available
upon request, without cost, to the Commission any time during the period of the Agreement and
for five years after final payment is made or if any audit has been initiated and audit findings have
not been resolved at the end of five years, the records shall be retained until resolution of the
audit findings.
If an audit discloses any significant audit findings relating to any award, including material
noncompliance with individual project compliance requirements or reportable conditions in internal
controls of the Grant Recipient shall submit as part of the audit package to the Commission a plan
for corrective action to eliminate such audit findings or a statement describing the reasons that
corrective action is not necessary. The Grant Recipient shall take timely and appropriate
corrective action to any audit findings, recommendations, and corrective action plans.
Monitoring: In addition to reviews of audits conducted in accordance with OMB A-133
monitoring procedures may include, but not be limited to, on-site visits by Commission staff,
limited scope audits as defined by OMB A-133, and/or other procedures. By entering into this
agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Commission. In the event the Commission
determines that a limited scope or project-specific audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Commission 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 State Comptroller or
Auditor General. The Grantee shall also require auditors to determine compliance with Article
12.00 and Paragraph 8.26, and Exhibit "A," "Special Considerations by Grantee."
7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and
guarantee liability for minimum coverage as follows:
7.71 Liability: Liability coverage in an amount of $100,000 for anyone (1) person,
$200,000 per occurrence at all times in which Project vehicles or equipment are engaged in
approved project activities. The Grantee shall insure that contracting Transportation
Operators also maintain the same minimum liability insurance, or an equal governmental
insurance program.
7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required
to pay for any damages to the Project vehicle(s) and equipment including restoring to its
then market value or replacement.
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7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive
coverage property insurance, with replacement cost value, on equipment, other than
vehicles, purchased with Transportation Disadvantaged Trust Funds.
7.74 Other Insurance: The above required insurance will be primary to any other
insurance coverage that may be applicable.
8.00 Requisitions and Payments:
8.10 Preliminary Action by the Grantee: In order to obtain any Transportation
Disadvantaged Trust Funds, the Grantee shall:
8.11 File with the Commission for the Transportation Disadvantaged, 605
Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice
on a form or forms prescribed by the Commission, and such other detailed supporting
documentation pertaining to the Project Account and the Project (as listed in Exhibit "C"
hereof) as the Commission may require, to justify and support the payment requisitions,
invoices, and vouchers, as specified in the Commission's Grant Agreement/Contract Invoicing
Procedures.
8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the
provisions of the Agreement and that all invoices and support documentation will be true and
correct.
8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will
honor such requisitions in amounts and at times deemed by the Commission to be proper and in
accordance with this Agreement to ensure the completion of the Project and payment of the
eligible costs. However, notwithstanding any other provision of this Agreement, the Commission
may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the
Project Account if:
8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature
in its application, or any supplement thereto or amendment thereof, with respect to any
document or record of data or certification furnished therewith or pursuant hereto;
8.22 Litigation: There is pending litigation with respect to the performance by the
Grantee of any of its duties or obligations which may jeopardize or adversely affect the
Project, the Agreement, or payments to the Project;
8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide
to the Commission detailed documentation of requisitions or certifications of actions taken;
8.24 Conflict of Interests: There has been any violation of the conflict of interest
provisions, prohibited interests, or lobbying restrictions, contained herein;
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....
j';Y
, ~""
:..iJ
8.25 Default: The Grantee has been determined by the Commission to be in default under
any of the provisions of this or any other Agreement which the Grantee has with the
Commission; or
8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust
Funds to replace or supplant available and appropriate funds for the same purposes, in
violation of Chapter 427, Florida Statutes.
8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission
will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs
which are not provided for in the latest approved budget for the Project, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs
attributable to goods, equipment, vehicles or services received under a contract or other
arrangements which have not been approved in writing by the Commission or certified by the
Grantee, pursuant to Exhibit "c."
8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or
incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit
and postaudit thereof. Failure to submit to the Commission detailed supporting documentation
with the invoice or request for project funds will be cause for the Commission to refuse to pay the
amount claimed by the Grantee until the Commission is satisfied that the criteria set out in
Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-1, Florida Administrative Code,
and the Application and Policy Manual for the Trip & Equipment Grant is met.
8.50 Commission Claims: If, after project completion, any claim is made by the Commission
resulting from an audit or for work or services performed pursuant to this agreement, the
Commission may offset such amount from payments due for work or services done under any
grant agreement which it has with the Grantee owing such amount if, upon demand, payment of
the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to
this section shall not be considered a breach of contract by the Commission.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion,
finally discontinues the Project; or if, by reason of any of the events or conditions set forth in
Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of
the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the
Commission may, by written notice to the Grantee, 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 Commission may terminate any or all of its obligations under this
Agreement.
9.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any
final termination or suspension notice under this Paragraph, the Grantee 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
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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 Commission such portion of the financing and any advance payment previously received as
is determined by the Commission 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 Commission or upon the basis of terms and conditions imposed by the
Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a
reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of
any claim which the Commission may otherwise have arising out of this Agreement.
9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this
agreement for refusal by the Grantee or its contractors to allow public access to all documents,
papers, letters, records or other materials subject to the provisions of Chapter 119, Florida
Statutes, and made or received in conjunction with this agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion and after
financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project
costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of
any unexpended balance in the Project Account.
11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit,
the Commission'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 at all
reasonable times including upon completion of the Project, and without notice.
12.00 Contracts of the Grantee:
12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself
in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys,
including transportation operator and consultant contracts or amendments thereto, with any third
party with respect to the Project without being able to provide a written certification by the
Grantee that the contract or obligation was executed in accordance with the competitive
procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the
rules promulgated by the Department of Management Services. Failure to provide such
certification, upon the Commission's request, shall be sufficient cause for nonpayment by the
Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this
Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance
with this section.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and
agreed by the parties hereto that participation by the Commission in a project with a Grantee,
where the project involves a consultant contract for any service, is contingent on the Grantee
complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive
Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each
consultant contract it enters.
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12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other
commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the
Commission's request, the Grantee shall certify compliance with this law.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of this
Agreement, the Grantee shall not discriminate against any employee or applicant for employment
because of race, age, disability, creed, color, sex or national origin. The Grantee will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, age, disability, 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 Grantee shall
insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development of operation of the Project, except contracts for the
standard commercial supplies or raw materials, and shall require all such contractors to insert a
similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. The Grantee shall post, in conspicuous places available to employees and applicants for
employment for Project work, notices setting forth the provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements
imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal
Department of Transportation, the Regulations of the Federal Department of Justice and the
assurance by the Grantee pursuant thereto.
13.30 Prohibited Interests:
13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no
officer of the Grantee, or employee acting in his or her official capacity as a purchasing
agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services
for the Grantee from any business entity of which the officer or employee or the officer's or
employee's business associate or spouse or child is an officer, partner, director, or proprietor
or in which such officer or employee or the officer's or employee's spouse or child, or any
combination of them, has a material interest.
13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful
for an officer or employee of the Grantee, or for any company, corporation, or firm in which
an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be
personally interested in the purchase or the furnishing of any materials, services or supplies
to be used in the work of this agreement or in the performance of any other work for which
the Grantee is responsible.
13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit
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or accept funds from any person who has, maintains, or seeks business relations with the
Grantee.
13.34 Former Employees - Contractual Services: Unless authorized in writing by the
Commission, no employee of the Grantee shall, within 1 year after retirement or termination,
have or hold any employment or contractual relationship with any business entity in
connection with any contract for contractual services which was within his or her
responsibility while an employee.
13.35 Former Employees - Consulting Services: The sum of money paid to a former
employee of the Grantee during the first year after the cessation of his or her responsibilities,
by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual
salary received on the date of cessation of his or her responsibilities. The provisions of this
section may be waived by the Grantee for a particular contract if the Grantee determines,
and the Commission approves, that such waiver will result in significant time or cost savings
for the Grantee and the project.
The Grantee shall insert in all contracts entered into in connection with this Agreement and
shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Grantee during his tenure or for one year
thereafter shall have any interest, direct or indirect, in this contract or the proceeds
thereof. "
The provisions of this section shall not be applicable to any agreement between the Grantee
and its fiscal depositories, or to any agreement for utility services the rates for which are
fixed or controlled by a Governmental agency.
13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its
contractors or their sub-contractors shall not discriminate against anyone on the basis of a
handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no
funds shall be used to rent, lease or barter any real property that is not accessible to persons with
disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons
with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities
Act, as amended, as it may be amended from time to time.
13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this
Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No
Grantee may employ any person or organization with funds received pursuant to this Agreement
for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose of
lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for
publication and distribution of each publication used in lobbying; other printing; media;
advertising, including production costs; postage; entertainment; telephone; and association dues.
The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes,
which is incorporated by reference into this Agreement.
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13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or
transact any business with any person or affiliate on the convicted vendor list for a period of 36
months from the date that person or affiliate was placed on the convicted vendor list unless that
person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes.
The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting
business with a person at the time of the commission of a public entity crime which resulted in
that person being placed on the convicted vendor list, the Grantee may also not accept any bid
from, award any contract to, or transact any business with any other person who is under the
same, or substantially the same, control as the person whose name appears on the convicted
vendor list so long as that person's name appears on the convicted vendor list.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition,
reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or
equipment are equipped to prevent and control environmental pollution.
14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated
or liable hereunder to any party other than the Grantee.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the
Commission of any payment to the Grantee constitute or be construed as a waiver by the
Commission of any breach of covenant or any default which may then exist, on the part of the
Grantee, and the making of such payment by the Commission while any such breach or default
shall exist shall in no way impair or prejudice any right or remedy available to the Commission for
such breach or default.
14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this
Agreement is held invalid, the provision shall be severable and 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 and Commissions: By execution of the Agreement the Grantee 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 Grantee to observe
or enforce compliance with any provision thereof, perform any other act or do any other thing in
contravention of any applicable State or Federal law. Provided, that if any of the provisions of the
Agreement violate any applicable State or Federal law, the Grantee will at once notify the
Commission in writing in order that appropriate changes and modifications may be made by the
Commission and the Grantee to the end that the Grantee may proceed as soon as possible with
the Project.
Trip & Equipment Grant Agreement 2007/2008
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1683
14.70 Purchased Vehicles or Equipment:
14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to
maintain the vehicles and equipment purchased or financed in whole or in part with
Transportation Disadvantaged Trust Funds pursuant to this Agreement in good working order
for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations
or modifications to the equipment or vehicles without the consent of the Commission. Any
lease or assignment of operational responsibility of project vehicles and equipment to third-
persons is not allowed unless approved in writing by the Commission.
14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles
purchased with Transportation Disadvantaged Trust Funds are used to meet the identified
transportation needs of the non-sponsored and in support of the service plan established
under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation
needs of the transportation disadvantaged of the area. Purchased Project equipment and
vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and
equipment will be used for the period of their useful lives in accordance with the most
current Commission policies. The Commission may, after consultation with the Grantee,
transfer purchased equipment and vehicles that it deems to be underutilized or that is not
being operated for its intended purpose. This underutilized equipment and vehicles will be
returned to the Commission at a specified location at a mutually agreeable time.
Reimbursement of any equity or interest of the Grantee will be made after another party has
assumed the obligations under the terms and conditions of this Agreement or disposal of said
items by sale has occurred. The Commission shall make the sole determination of the
Grantee's interest and reimbursement. As determined by the Commission, failure to
satisfactorily utilize vehicles and equipment that are purchased with Project funds shall be
sufficient cause for non-payment by the Commission as provided in Paragraph 8.25.
14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is
defined in the Commission's Capital Equipment Procedure as incorporated herein by
reference. The following applicable process must be used prior to disposition of any capital
equipment purchased with these grant funds:
a) While the Grantee is still under contract with the Commission and the capital
equipment still has useful life, the Grantee must request written approval from the
Commission prior to disposing of any equipment purchased or financed in whole or in
part pursuant to this Agreement, including vehicles, during its useful life, for any
purpose. Proceeds from the sale of purchased project equipment and vehicles shall be
documented in the project file(s) by the Grantee. With the approval of the Commission,
these proceeds may be re-invested for any purpose which expands transportation
disadvantaged services for the non-sponsored. If the Grantee does not elect to re-
invest for purposes which expand transportation disadvantaged services, the gross
proceeds from sale shall be refunded to the Commission in the same participation
percentage ratios as were used to fund the original purchase.
Trip & Equipment Grant Agreement 2007/2008
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1683
b) The purchase of all vehicles and equipment financed in whole or in part pursuant to
this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission
for the Transportation Disadvantaged in accordance with State regulations and statutes.
Title to any vehicle purchased with Project funds shall be in the name of the Grantee,
subject to lien in favor of the Commission. The Commission will relinquish all interest in
the vehicles and equipment when it has reached the end of its useful life and at this
time the Commission will satisfy its lien of record.
c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds
and no longer a Commission approved Community Transportation Coordinator, the
capital equipment with useful life purchased with these grant funds must be transferred
to an eligible recipient in accordance with the Commission's Capital Equipment
Procedure.
14.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles under contract
between the community transportation coordinator and a transportation operator or coordination
contractor paid in whole or in part with trust fund money, must be reported to the Commission.
Accidents involving a fatality or fatalities must be reported to the Commission not more than 24
hours after the community transportation coordinator becomes aware of the fatal accident. Any
other accident, those not involving a fatality or fatalities, with over $1,000 in property damages,
must be reported to the Commission not more than 72 hours after the community transportation
coordinator becomes aware of the accident.
15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital
equipment or major components thereof, upon the Commission's request the Grantee shall submit to
the Commission, certification that all such equipment meets or exceeds the requirements as identified
in Exhibit "A." Failure to abide by this requirement shall be sufficient cause for nonpayment by the
Commission as provided in Paragraph 8.23.
16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend,
save, and hold hannless the Commission and all their officers, agents or employees from all suits,
actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to
breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any
negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or
employees. Neither the Grantee nor any of its agents will be liable under this article for damages
arising out of injury or damage to persons or property directly caused or resulting from the sole
negligence of the Commission or any of their officers, agents or employees. The parties agree that this
clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar
provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no
agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the
Commission's negligence.
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.
Trip & Equipment Grant Agreement 2007/2008
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17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida
Department of Transportation (Department) and assigned to the Secretary of the Florida
Department of Transportation for administrative and fiscal accountability purposes; in the event
this agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339. 135(7)(a) and Section 287.058, Florida Statutes, are hereby
incorporated:
The Department, during any fiscal year, shall not expend money, incur any liability, 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 shall be 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 one 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 twenty-five thousand dollars and having a term for a period of more
than one year.
In the event that this Agreement is for more than one year, this Agreement may be renewed
on a yearly basis for a period of up to two (2) years after the initial Agreement or for a
period no longer than the term of the original Agreement, whichever period is longer, on the
condition that renewals shall be contingent upon satisfactory performance evaluations by the
Grantee and is subject to the availability of funds. The Commission's performance and
obligation to pay under any multi-year Agreement is explicitly contingent upon an annual
appropriation by the Legislature.
18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30.
2008. If the Grantee does not complete the Project within this time period, this agreement will expire
unless an extension of the time period is granted to the Grantee in writing by the Chairperson of the
Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be
considered termination of the Project and the procedure established in Article 9.00 of this agreement
shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by
which services may have been provided or equipment funds may have been expended or obligated
under a purchase order, as provided in the project description (Exhibit nAn). Unless otherwise extended
by the Commission, all reimbursement invoices must be received by the Commission no later than
August 15, 2008.
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
Trip & Equipment Grant Agreement 2007/2008
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1683
together shall constitute one in the same instrument.
21.00 Vendors and Subcontractors Rights:
21.10 Vendors (in this document identified as the Grantee) providing goods and services to the
Commission will receive payments in accordance with section 215.422, Florida Statutes. The
parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in
which the Commission is required to approve and inspect goods and services shall be changed
from a period not to exceed five (5) working days to a period not to exceed eleven (11) working
days upon receipt of a proper invoice. The Florida Department of Transportation has twenty (20)
days to deliver a request for payment (voucher) to the Department of Banking and Finance after
receiving an approved invoice from the Commission. The twenty (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 forty (40) days after receipt of the invoice and receipt,
inspection and approval of goods and services, a separate interest penalty per day (as defined by
Rule) will be due and payable, in addition to the invoice amount to the Grantee. 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 Grantee requests
payment. Invoices which have to be returned to a Grantee because of vendor preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the Commission.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The
duties of this individual include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be
contacted at (850) 410-9724.
21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with
approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes.
Each third party contract from the Grantee to a subcontractor for goods or services to be
performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must
contain the following statement:
When a contractor receives from a state agency any payment for contractual services,
commodities, supplies, or construction contracts, except those construction contracts
subject to the provisions of chapter 339, the contractor shall pay such moneys received to
each subcontractor and supplier in proportion to the percentage of work completed by
each subcontractor and supplier at the time of receipt of the payment. If the contractor
receives less than full payment, then the contractor shall be required to disburse only the
funds received on a pro rata basis with the contractor, subcontractors, and suppliers,
each receiving a prorated portion based on the amount due on the payment. If the
contractor without reasonable cause fails to make payments required by this section to
subcontractors and suppliers within seven (7) working days after the receipt by the
contractor of full or partial payment, the contractor shall pay to the subcontractors and
[rip & Equipment Grant Agreement 2007/2008
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16R3
suppliers a penalty in the amount of one-half of one percent of the amount due, per day,
from the expiration of the period allowed herein for payment. Such penalty shall be in
addition to actual payments owed and shall not exceed 15 percent of the outstanding
balance due. In addition to other fines or penalties, a person found not in compliance
with any provision of this subsection may be ordered by the court to make restitution for
attorney's fees and all related costs to the aggrieved party or the Department of Legal
Affairs when it provides legal assistance pursuant to this section. The Department of
Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings
brought against contractors under the provisions of this section.
22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by
the Commission.
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16flf3
FMjJOB No(s). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year
first above written.
GRANTEE: Collier County Board of County
BY' comr:7 41
~ mooTA
TITLE: Chairman
COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED
TITLE: Executive Director (Commission Designee)
ATTEST:
ATTEST:
NOTARY SEAL or TITLE
NOTARY SEAL or TITLE
. .'\.,
, ,
DATE FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHED ENCUMBRANCE FORM
DEPARTMENT OF TRANSPORTATION)
'I '.. IS to C
9nJtur~ hdln.dfl
~ Onl. s
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03/05/07
Page 18 of 22
1603
f ! ..
FM/JOB No(s). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
TRIP/EQUIPMENT
This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the
Transportation Disadvantaged and Collier County Board of County Commissioners. 3301 East Tamiami
Trail. Naoles. Florida 34112
PROJECT LOCATION: Collier County(s)
PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be
provided to the non-sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes,
Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy
Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 5,
2007. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated
transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida
Statutes and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in Exhibit B,
Page 2 of 2 attached to and made a part of this agreement. Capital equipment will consist of:
None
SPECIAL CONSIDERATIONS BY GRANTEE:
1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida
Department ofTransportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1, 2000
or criteria set forth by any other federal, state, or local government agency.
SPECIAL CONSIDERATIONS BY COMMISSION:
Trip & Equipment Grant Agreement 2007/2008
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Page 19 of 22
1t)83
CONTRACT NO.
AGREEMENT DATE
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the
Transportation Disadvantaged and Collier Countv Board of Countv Commissioners. 3301 East Tamiami Trail.
Naoles. Florida 34112
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule
41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for
the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 5, 2007. Trips
shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement.
Non-Sponsored Trips
Voluntary Dollar
$675,998.00
$294.00
20724618401
20724638401
TOTAL
$676,292.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%)
Local Cash Funds
Voluntary Dollar Contributions
Monetary Value of In-Kind Match
Total Project Cost
$608.398.00
$67.600.00
$265.00
$29.00
$676.292.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000)
Jul Aug Sep Oct Nov Dee Jan Feb Mar Apr May Jun
FY 07/08 50.974 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03/05/07
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1683
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners
EFFECTIVE DATE: July 1. 2007
UNIT COST PER UNIT
TYPE OF SERVICE TO BE
PROVIDED (Passenger Mile or Trip) $
Ambulatory Pickup Trip $12.54
Wheelchair Pickup Trip $21.49
Stretcher Pickup Trip $44.78
Group Pickup (Per Passenger) Trip $6.10
Group Pickup (Per Group) Trip $23.59
CAT Full-fare One-Way Ticket Bus Pass $1.25
CAT Reduced Fare One-Way Ticket Bus Pass $0.60
CAT Full-fare 31 Day Pass Bus Pass $35.00
CAT Reduced Fare 31 Day Pass Bus Pass $17.50
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03105/07
Page 21 of 22
1683
FM/JOB No(s). 20724618401/20724638401
CONTRACf NO.
AGREEMENT DATE
EXHIBIT "e"
TRIP I EQUIPMENT
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the
Transportation Disadvantaged and Collier County Board of County Commissioners. 3301 East Tamiami Trail.
Naoles. Florida 34112.
THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND
CERTIFICATIONS:
DOCUMENTS:
Submit copy of financial reporting packages of audits prepared in accordance with Section 215.97, Florida
Statutes, and applicable Rules of the Auditor General to:
Commission for the Transportation Disadvantaged
605 Suwannee Street, MS-49
Tallahassee, FL 32399-0450
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
Submit invoices for goods and services, with detailed supporting documentation, in detail sufficient for a
proper pre-audit and post-audit thereof.
Retain, and upon request, submit drivers' manifests, with supporting detailed documentation, in detail
sufficient for a proper pre-audit and post-audit thereof.
CERTIFICATIONS:
Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles
as it pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any
reimbursement request for vehicles and shall use the Commission approved format.
THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10
except that written approval is hereby granted for:
1. Contracts furnishing contractual services or commodities from a valid State or inter-governmental
contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan
as set forth in section 287.042(2), Florida Statutes.
2. Contracts furnishing contractual services or commodities for an amount less than Category II as set
forth in section 287.017(1)(b), Florida Statutes.
3. Contracts for consultant services for an amount less than Category I as set forth in section
287.017(1)(a), Florida Statutes.
Trip & Equipment Grant Agreement 2007/2008
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1683
CONTRACT NO.
AGREEMENT DATE
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the
Transportation Disadvantaged and Collier Countv Board of Countv Commissioners. 3301 East Tamiami Trail.
Naoles. Florida 34112
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule
41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for
the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 5, 2007. Trips
shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement.
Non-Sponsored Trips
Voluntary Dollar
$675,998.00
$294.00
20724618401
20724638401
TOTAL
$676,292.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%)
Local cash Funds
Voluntary Dollar Contributions
Monetary Value of In-Kind Match
Total Project Cost
$608.398.00
$67.600.00
$265.00
$29.00
$676.292.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000)
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FY 07/08 50.974 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699 50.699
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03/05/07
Page 20 of 22
16R3
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners
EFFECTIVE DATE: Julv 1. 2007
UNIT COST PER UNIT
TYPE OF SERVICE TO BE
PROVIDED (Passenger Mile or Trip) $
Ambulatory Pickup Trip $12.54
Wheelchair Pickup Trip $21.49
Stretcher Pickup Trip $44 .78
Group Pickup (Per Passenger) Trip $6.10
Group Pickup (Per Group) Trip $23.59
CAT Full-fare One-Way licket Bus Pass $1.25
CAT Reduced Fare One-Way licket Bus Pass $0.60
CAT Full-fare 31 Day Pass Bus Pass $35.00
CAT Reduced Fare 31 Day Pass Bus Pass $17.50
Trip & Equipment Grant Agreement 2007/2008
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Page 21 of 22
1683
FMjJOB No(s). 20724618401{20724638401
CONTRAcr NO.
AGREEMENT DATE
EXHIBIT "e"
TRIP/ EQUIPMENT
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the
Transportation Disadvantaged and Collier County Board of County Commissioners. 3301 East Tamiami Trail.
Naoles. Florida 34112.
THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND
CERTIFICATIONS:
DOCUMENTS:
Submit copy of financial reporting packages of audits prepared in accordance with Section 215.97, Florida
Statutes, and applicable Rules of the Auditor General to:
Commission for the Transportation Disadvantaged
605 Suwannee Street, MS-49
Tallahassee, FL 32399-0450
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
Submit invoices for goods and services, with detailed supporting documentation, in detail sufficient for a
proper pre-audit and post-audit thereof.
Retain, and upon request, submit drivers' manifests, with supporting detailed documentation, in detail
sufficient for a proper pre-audit and post-audit thereof.
CERTIFICATIONS:
Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles
as it pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any
reimbursement request for vehicles and shall use the Commission approved format.
THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10
except that written approval is hereby granted for:
1. Contracts furnishing contractual services or commodities from a valid State or inter-governmental
contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan
as set forth in section 287.042(2), Florida Statutes.
2. Contracts furnishing contractual services or commodities for an amount less than Category II as set
forth in section 287.017(1)(b), Florida Statutes.
3. Contracts for consultant services for an amount less than Category I as set forth in section
287.017(1)(a), Florida Statutes.
Trip & Equipment Grant Agreement 2007/2008
Form Rev. 03{05{07
Page 22 of 22
16B7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFlCE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed touting slip and original
docmnents are to be forwarded to the Board Office only after the Board bas taken action On the item.)
ROUTING SLIP
Complete routing lines #] through #4 as appropriate for additional signatures. dates, and/or information needed. If the document is already complete with the
exee tion of the Chainnan's si ature, draw a linethroucr routin lines #1 through #4, co lete the checklist, and forward to Sue FiIson (line
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
1\0
2.
3.
4_
5. Sue Filson, Executive Managei'
Board of County Commissioners
6. Minutes and Records
Clerk of COurt'S Office
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
iQ Hl\t~-L
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark uN/A" in the Not Applicable colUmn, whichever is
a TO date.
I. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most ietters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Cbairman's
signature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines)
6. The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Conn 'Attorney's Office has reviewed thechan es; if a 'licabIe.
Yes
(Initial)
N/A (Not
A Iic.ble)
I
I: Forms! Conn~_ Fo~~, Original Documents Routing Slip ~~-.?igiDaI ~O!:~, Revised 126.05, Re:V#~~,~).Z4.05
n16B7
PROJECT: 60168
PARCEL No(s): 144 .-,
FOLIO No(s): 36911080109
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (he inafter referred to as the 'Agreement") is
made and entered into this -.--.-Htday Of , 2007. by and between
MARIO AND LYNNE GINO. as husbend an w~e, whose mailing address is 33 Twist
Hills Road. St. James. NY 11780 (hereinafter "Gino'), and COLLIER COUNTY, a
political subdivision 01 the State of Rorida. whose mailing address is 3301 Tamiami
Trail East. Naples. Flonda 34112 (hereinafter relerred to as 'Purchaser').
WHEREAS, Purchaser requires a fee estate in that certain property located at
760 23"' Street NW. Naples. Rorida. 34119-4107. legally described as the East hall of
Tract No. 17, Golden Gate Estates, Unit No.7, according to the plat thereof as
recorded in Plat Book 4, Page 95. of the Public Records of Collier County, Rorida. and
IlKJludlng all structures. buildings or improvements located on the premises (hereinafter
"the Property"); and
WHEREAS, WATERWAYS JOINT VENl'URE IV, a Ronda general partnership,
whose mailing address is 15122 Summit Place Circle, Naples, FL 34119-4107
(hereinafter referred to as "Waterways") is currently the fee simple owner Of the
Property and has entered into a contrect for the construction 01 a reSIdence and
ultimate sale of the property to Mario and Lynne Gino; and
WHEREAS, Gino made a deposit in the amount of $66,296.50 in accordance with
the Contract of Purchase and Sale for the Property dated July 11. 2005, as amended
on September 13, 2005, March 15. 2006. and April 27, 2006 (hereinafter referred to as
"Contract"); and
WHEREAS, Gino has an equitable interest in the Property by virtue of the
Contract (hereinafter referred to as "Intaresr) and desires to convey its Interest to
Purchaser, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has entered into separete agreement with Waterways for
the purchase of the Property; and
WHEREAS, Purchaser has agreed to compensate Gino for conveyance of its
Interest, but only on the condition that It is able to acquire the Property from Waterways;
NOW THEREFORE, In consideration of these premises, the sum Of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency 01
which is hereby mutually acknowledged. it is agreed by and between the parties 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, and all Exhibits
referenced herein are made a part 01 this Agreement.
2. Gino shall convey its Interest to Purchaser for the sum of:
$165.000.00
sublect to the apportionment and distribution of proceeds pursuant to
Paragraph 9 of this Agreement (said transaction hereinafter referred to as the
"Closing"). Said payment to Gino, payable by County Warrant, shall be full
compensation for all of Gino's Interest and shall be full and final settlement of
any and all other damages in connection with acquisition Of the Property and
Gino's Interest by Purchaser, including all attorneys' fees and costs_
ti
"",.1687
Purchase Agreement
Page 2
3. Prior to the Closing, Gino shall cause to be delivered to Purchaser the Items
specified herein and the following documents and Instruments duly executed
and acknowledged, In recordable form (hereinafter referred to as "Closing
Documents"):
(a) Quitclaim Deed to the Property;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form: and
(e) Such evidence of authorlly and capaclly of Gino and its representatives
to execute and deliver this agreement and ell other documents required
to consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Gino and Purchaser agree thet time is of the essence of this Agreement
and that, therefore, Closing shall occur within one hundred twenty (120) days
from the date of execution of thla Agreement by the Purchaser, provided,
however. thet Purchaser shall have the unilateral right to extend the term of this
Agreement pending receipt of such Instruments. properly executed, which
either remove or release any and all such liens, encumbrances or qualifications
affecting Purchaser's enjoyment of the Property. At Closing, payment shall be
made to Gino in that amount shown on the Closing Statement as "Net Cash to
Seller," and Gino shall deliver the Closing Documents to Purchaser in a form
acceptable to Purchaser.
5. ClOSing is contingent upon Purchaser obtaining claar and marketable title to
the Property from Waterways. All Closing Documents provided by Gino
pursuant to Section 3 above will be held in escrow by Purchaser until such time
as Purchaser and Waterways are prepared and able to close on the Property.
In the event Waterways is unable 10 convey marketable title or Purchaser is
otherwise unable or unwilling 10 close on the Property wllhin ten (10) days of
having received the Closing Documents from Gino, the Purchaser may
terminate this Agreement wllhout penally. Upon termination GINO will be
entitled to liquidated damages as set forth In Paragraph 11. Purchaser shall
thereafter return the Closing Documents to Gino.
6. Gino and Purchaser agree to do all things which may be required to give ellect
to this Agreement immediately as such requirement is made known to them or
they are requested to do so, whichever is the earlier.
7. Gino Is aware and understands thai the "oller" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Aorlda.
B. Gino agrees to. represents and warrants the following:
(a) Gino has full right, power and authority to enter into and 10 execute this
Agreement, 10 execute, deliver and perform lis obligations under this
Agreement and the instruments executed in connection herewith, to
undertake ali actions and to perform all tasks required of Gino hereunder
and 10 consummate the transaction contemplated hereby.
(b) Purchaser's acceptance of a deed to the said Property shall not be
deemed 10 be full performance and discharge of every agreement and
~~
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~-16B 7
Purchase Agreement
Page 3
obligation on the part of Gino to be performed pursuant to the provisions
of this Agreement.
(c) No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Gino 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, without first
obtaining the wrlllen consent of Purchaser to such conveyance,
encumbrance. or agreement which consent may be withheld by
Purchaser for any reason whatsoever.
(e) Aside from the construction contract with Waterway Joint Venture IV,
there are no maintenance. construction, advertising, management,
leasing, employment. selVice or other contracts allecting the Property.
(I) Gino has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental Investigations or
requirements, tormal or informal, exisling or pending or threatened which
affect the Proparty or which adversely affect Gino'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 pnor to
the effective date of this Agreement.
(g) Purchaser is entering Into this Agreement based upon Gino's
representations stated in this Agreement and on the understanding that
Gino will not cause tha physical condition of the Property to change from
its existing state on the effective date of this Agreement up to and
including the date of Closmg. Therefore, Gino 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
physical condition of the Property.
(h) The Property and all uses of the Property have been and presently are In
compliance with all Federal, State and Local environmenlallaws; that no
hazardous substances have been generated, stored, treated or
transferred on the Property except as speciIIcally disclosed to the
Purchaser; that the Gino has no knowledge of any spill or environmental
law VIOlation on any property contiguous to or in the vicinity of the
Property to be sold to the Purchaser, that the Gino has not received
nolice and otherwise has no knowledge of a) any spfll on ths Property, b)
sny existing or threatened environmental lien against the Property or c)
any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the
Property. This proviSion shall survive ClOSing and is not deemed satisfied
by conveyance of title.
9. Purchaser shall pay to record the Quitclaim Deed_ In accordance with the
provisions of Section 201.01, Florida Statutes, prohibiting payment of
documentary stamp taxes by Purchaser. Gino shall pay all documentary stamp
taxes required on the Instrument(s) of transfer.
10. This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the
benefit of and be binding upon the parties hereto and their respective heirs,
executors. personal representatives, successors, successor trustees, and/or
assignees, whenever the context so requires or admits.
~\,J -I.
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1687
Purchase Agreement
Page 4
11. If Purchaser fails to close the transaction contemplated hereby or otherwise
fails to perform any of the terms. covenants and condhions of this Agreement as
required on the pert of Purchaser to be performed, provided GINO is not in
default. then as GINO's sole remedy, GINO shall have the right to terminate this
Agreement by gIVing written notice thereof to Purchaser, whereupon $1,500.00
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 obligabon to
the other. The parties acknowledge and agree that GINO'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.
12. Conveyance of the Property by Gino is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this written
Agreement. including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises,
warranties, Or covenants not contained herein. No modification, amendment or
consensual cancellation of this Agreement shall be of any force or effect unless
made In writing and executed and dated by both Gino and Purchaser.
13. Should eny part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
14. This Agreement is governed and construed in accordance with the laws of the
State of Rorida.
iN WITNESS ~HEREOF, the parties hereto have executed this Agreement on
this ~ day of '- :L~ ,2007.
lV!:,e c'<k1.n~tt,.
pursuant to Rw~l~tie" No, \u,B,'1daled
Property acqUisition approved by BCC
l"I'\AJ'Q ,QQ. ,:)00'1
AS TO PURCHASER:
DATED; .' <.w /. Or
ATTEST:
DWIGHT E. BROCI(Clerk
. I;
~, . .:llillA.. ~LV~tO(.
. .,0 Cle
Attest.' to Chalraan ,
..tllNture 0111'
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I ;",,1-] 5-'(T'-Cn
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Purchase Agreement
AS TO OWNER:
DATED,
~!!'G
-; .Be Lw-
/-;: / L
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WItn888 (Signature)
- ~C)
h^e d. f('. de. I, bee: k-e.r
Name ntor.T ~
p;:.....-I
I1n (Signature)
U-9 0- ~ 5 Ti1!
NllIme (Print or Typ&)
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
'----1-6Bf
Page 5
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PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into on this Mday of
2007. by and between WATERWAYS JOINT VENTURE IV, (hereinafter
"Selle~'), whose mailing address is 15122 Summit Place Circle, Naple , FL, 34119-
4107, and COLLIER COUNTY. a political subdivision of the State of Flonda (hereinafter
"Purchase~'), whose mailing address is 3301 Tamiami Trail East, Naples, FL, 34112.
WHEREAS. Seller owns certain Improved real property located at 760 23"' Street
NW, Naples, Florida. which is legally described as the East 11, otTract17, Golden Gate
Estates, Unit No.7, according to the plat recorded In Plat Book 4. Page 95-96, of the
Public Records of Collier County, and Includes all structures, buildings, and
Improvements located thereon (hereinafter referred to as "Property"); and
WHEREAS, Purchaser is desirous of purchasing the Property in fee simple; and
WHEREAS, Property is currently under contract for the construction of a
reSidence for Lynne and Marla Gino (hereinafter "GINO"), which construction will be
hailed as a result of thiS Agreement resulting in a partially constructed home; and
WHEREAS, GINO, In accordance with a Contract of Purchase and Sale dated
July 11, 2005, and amended on September 13, 2005, March 15,2006 and again on
, April 27, 2006 (hereinafter "the Contract"), has made a earnest money deposit to Seller
in the amount of $66.296.50; and
WHEREAS, GINO has agreed to sell to Purchaser all rights and Interest it has In
the Property by virtue of the Contract (hereinafter "Interest"); and
WHEREAS, Seller has likeWise agreed to sell and Purchaser has agreed to buy
the Property In "as-Is" condition and subject to the tenns and conditions set forth below:
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:
1. AGREEMENT
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.
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shall be $549,398,50 (U,S.
Currency) payable at time of closing. ThiS Purchase Price represents the contracted-for
price of the Property with GINO less a stop construction credit of $80,415 and less the
Deposit in the amount of $66,296.50, which Purchaser will pay directly to GINO under
separate agreement. None of the Purchase Price is attributed to any personal property.
3, CLOSING
A. The ClOSing (THE "CLOSING DATE". "DATE OF CLOSING". OR "CLOSING")
of the transaction shall be held on or before June 29, 2007 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 Tam/ami Trail East,
Naples, Florida.
B. Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be detennlned according to
applicable title standards adopted by the FlOrida Bar and In accordance with law.
Page 1 of 10
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1681'
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:
1. Warranty Deed(s) 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,
2. CombIned Purchaser-Seller closing statement.
3, A "Grantors Non.forelgn, Taxpayer Identification and Gap Affidavij"
as reqUired by Section 1445 of the Internal Revenue Code and as
required by the title insurance underwriter In order to insure the "gap"
and Issue the policy contemplated by the tijle Insurance commitment.
4. A W-Q Form. "Request for Taxpayer Identification and Certification"
as reqUIred by the Internal Revenue Service,
5, Such eVidence of authority and capacity of Seller and its
representatives to execute and deliver thiS Agreement and all other
documents required to consummate this transaction, as reasonably
determined by Purchasers counsel and lor its title company.
6, Waivers and releases from all potentiallienors under Chapter 713, as
required by Purchaser's counsel and/or its tme company.
C. Purchaser shall be entitled to possession as of closing, Seller shall cap all
existing utilities In the house and remove all construction debns from the site prior
to Closing. The Property shall be delivered to Purchaser free of all litter and
personal property as of Closing. Any personal property remaining on the Property
as of ClOSing shall be deemed abandoned by Seller. its agents, contractors,
representatives or assigns.
D. At the Closing, the Purchaser. or its assignee, shall cause to be delivered to
the Seller the following:
1, A negotiable Instrument in an amount equal to Net Cash to Seller on
the ClOSing Statement. 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 "Requirements and Conditions" below, and
that Tille Company IS irrevocably committed to pay the Net Cash to
Seller and to issue the Owner's title policy to Purchaser in accordance
with the commitment immediately after the recording of the deed,
however, to the extent that release of funds to Seller IS delayed under
this paragraph, Seller shall be entitled to Interest from purchaser on the
Net Cash to Seller at a rate of Prime plus 2% per annum for any delay
beyond the clOSIng date.
2, Funds payable to the Seller representing the cash payment due at
Closing in accordance hereof, shall be subject to adjustments and pro-
rations as hereinafter set forth,
E. Purchaser shall pay Seller's attorney's fees In the amount of $4,250.00.
Seller shall pay at Closing all documentary stamp taxes due relating to the
recording of the Warranty Deed, in accordance with Chapter 201,01,
Florida Statutes, and the cost of recording any Instruments necessary to
clear Seller's title to the Property. The cost of the Owner's Form B Hie
Policy, Issued pursuant to the Commitment prOVided for in Article 8 below,
Page 2 of 10
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1687
and the Commrtment shall be paid by Purchaser. Purchaser shall pay for the cost
of recording the Warranty Deed.
F Property taxes shall be prorated through the date of Closing based on the
current year's taxes 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,
4, CONDITION OF PROPERTY DISCLOSURES
Seller is selling property In an "AS-IS" condition. Seller represents that it knows of
no facts or conditions materially affecting the value of the Property which are not
readily observable by Purchaser and which have not been prevIously disclosed to
Purchaser by Seller in wrrting.
5. REQUIREMENTS AND CONDITIONS FOR CLOSING.
Upon execution of thiS Agreement by both parties or at such other time as specified
within thiS Article, Purchaser and/or Seller, as the case may be, shall perform In
accordance with the following conditions and wrthin the times stated, which
requirements shall be condrtions precedent to the Closing:
A, Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an Al T A Commitment for an Owne(s Title Insurance Policy
(AlTA Form B-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 commrtment. to notify Seller in writing of any objection to title
other than liens eVidenCing monetary obligations, which will be paid at clOSing. If
the title commrtment 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.
B, If Purchaser shall fail to adVise the Seller In writing of any such objections In
Seller's trtle in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to trtle, Seller shall
have thIrty (30) 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 rts best efforts to make such trtle
good and marketable. In the event Seller is unable to cure said objections within
said time period, Purchaser, by providing written notice to Seller wrthin seven (7)
days after expiration of said thirty (30) day period, may accept title as it then is,
waiving any objection, or Purchaser may terminate the Agreement without penalty.
C. Seller agrees to furnish any eXisting surveys of the Property in Seller's
possession 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. If the survey shows (a) an encroachment on the Property, or (b)
that an improvement located on the Property projects onto the lands of others; or
(c) lack of legal access to a public roadway (hereinafter "Title Defects"), the
Purchaser shall notify Seller In writing of such encroachment. prOJection, or lack of
legal access and Seller will have the option of cUring such Title Defect. Purchaser
shall have sixty (60) days from the Effective Date of thiS Agreement to notify Seller
In writing of any Title Defects. If Seller elects to cure the Title Defect(s), rt will have
Sixty (60) days to do so. If Seller is unable or elects not to cure the Title Defects
within this time period, Purchaser. by prOViding written notice to Seller within seven
(7) days after expiration of the 60-day period, may accept the Property as it IS,
waiving any objection hereunder, or may terminate the Agreement without penally.
Page 3 of 10
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D. The sale of thIS Property IS conditioned upon the acqulsrtion of Gino's interest.
All Closing Documents proVided by Waterways pursuant to Section 3 above will be
16B7
held In escrow by Purchaser until such time as Purchaser and Gino are prepared
and able to close on the Property. In the event Purchaser is unable to close on
Gino's Interest within the time frame set forth In Paragraph 3 (A) above, either
party may terminate this Agreement without penalty. If either party terminates
pursuant to this paragraph. Purchaser shall thereafter return the Closing
Documents to Waterways,
6. INSPECTION PERIOD
A. Purchaser shall have thirty (30) days from the Effective Date of this Agreement
to Inspect the Property and Improvements thereon to determine through
appropriate investigation that:
1. The Property can be developed without abnormal demucking, soil
stabilization or foundations, excessive drainage requirements. wetlands mitigation
reqUirements or hazardous waste clean-up.
2. The Property is in compliance with all iocal law and state laws and
regulations,
3, The Property can be utilized for its Intended purpose,
B. If Purchaser IS not satisfied, for any reason whatsoever, with the results of any
Investigation, Purchaser may elect to terminate thIS Agreement without penalty,
but must deliver to Seller prior to the expiration of the Inspection Period, written
notice of its intention to terminate. If Purchaser fails to notify the Seller in writing of
Its specific objection 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.
C, 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 not to alter the condition of
the Property, Seller shall be notified by Purchaser no less than twenty four (24)
hours prior to said inspection of the Property.
D. Purchaser shall be entitled to a Walk-Through Inspection within 36 hours of
the Closing In order to confirm that the phYSical condition of the Property has not
changed since the Effective Date of this Agreement, that all improvements located
thereon remain In the same condition as of the Effective Date and that the
Property has been cleared of all construction debris, litter and personal property.
Purchaser will give Seller at least 24-hour notice before conducting its Walk-
Through Inspection.
7. TERMINATION AND REMEDIES
A 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.
B. If the Purchaser has not terminated thiS Agreement pursuant to any of the
proviSions authOrizing such termination. and Purchaser fails to close the
transaction contemplated hereby or 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 nght to terminate this Agreement by giving written notice
thereof to Purchaser, whereupon $2,750.00 shall be paid to Seller as liqUidated
demages which shall be Seller's sole and exclusive remedy, and neither party
1
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Page 4 of 10
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shall have any further liability or obligation to the other except as set forth in
Article 10 (Real Estate Brokers). The parties acknowledge and agree that Selle~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 10 nature.
C. 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 nsks and expenses of
each of the parties,
8. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
Seller intends for Purchaser to rely on the representations contamed in this Article and
Seller agrees to perform and warrants the following:
A Seller has full nght and authority to enter mto and to execute this Agreement
and to undertake all actions and to perform all tasks reqUired of each
hereunder, Seller IS not presently the subject of a pending, threatened or
contemplated bankruptcy proceeding.
B. 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 authonzations and approvals
have been obtained by Sellers and certified COpies of such approvals shall be
delivered to Purchaser, if reqUired by the title company msuring title.
C. The warranties set forth 10 this paragraph shall be true on the date of thiS
Agreement and as of the date of Closing. Purchaser's acceptance of a deed
to the 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 thiS Agreement.
D. Owner and Purchaser agree to do all things which may be reqUired to give
effect to this Agreement immediately as such reqUirement is made known to
them or they are requested to do so, whichever is the earlier.
E. 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 Selle~s ability to sell the
Property to Purchaser according to the terms of this Agreement.
F There are no pending options to purchase or sales contracts pertaining to the
subject Property except that the Contract between Seller and GINO, and no
party other than Purchaser or GINO has any right or option to acqUire the
Property or any portion thereof.
G. Until the date fixed for ClOSing, so iong as this Agreement remains in force and
effect. Seller shall not encumber or convey any portion of the Property or any
rights therem, 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.
H. Seller represents that there are no mClnerators, or cesspools on the Property;
to the best of seller's knowledge, Seller represents that it has no knowledge
that any pollutants are or have been discharged from the Property, directly or
indirectly into any body of water. To the best of seller's knowledge, Seller
Page 5 of 10
16B7
I
f\
1687
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 to the best
of seller's knowledge, 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 it has no knowledge that there IS ground water contamination on the
Property or potential of ground water contamination from neighboring
properties, To the best of seller's knowledge. Seller states that no storage
tanks for gasoline or any other substances are or were located on the Property
at any time during or pnor to Seller's ownership thereof. Seller represents
none of the Property has been used as a sanitary landfill,
I. 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.
J, 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.
K. Seller has no knowledge that there are any suits, actions or arbitration, bond
Issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
Improvement agreements, utility moratoriums, use moratoriums, Improvement
moratoriums, administrative or other proceedings or governmental
Investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder, nor IS there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
L. Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physicai condition of the
Property to change from its eXisting state on the Effective Date of thiS
Agreement up to and Including the Date of Closing, Therefore, Seller agrees
not to enter Into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zOning or phYSical condition of the Property or the govemmental
ordinances or laws governing same. Seller aiso 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.
M. 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 indirectiy,
pursuant to or in connection wrth 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 1988 ("SARA"), Includin9
Page 6 of 10
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16B7
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.
9. NOTICES
Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by registered, or certified mail,
return receipt requested, postage prepaid, or by facsimile with automated
confirmation of transmission or personal delivery, addressed as follows:
If to Purchaser:
With a copy to:
If to Seller:
With a copy to:
Transportation Engineering & Construction Management
Attn: Lorraine Lantz, Right-of-Way Acquisition Section
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239.213-5843
Fax 239-530-6646
Ellen T. Chadwell
Assistant County Attomey
Office of the County Attomey
Harmon Turner Building
3301 Tamiami Trail East
Naples, Flonda 34112
Telephone 239-774-8400
Fax 239-774-0225
Matthew Jackson
Goodiette, Coleman & Johnson, P A
4001 Tamlami Trail North Suite 300
Naples. FL 34103
Telephone: 239-435-3535
Fax: 239-435-1218
Richard Davenport
Waterways Joint Venture IV
15122 Summit Place Circle
Naples, FL 34119-4107
Telephone: 239-352-6610
Fax: 239-352-1460
The addressees, addresses and numbers given for the purpose of thiS Article may be
changed by either party by giVing written notice of such change to the other party In the
manner provided herein. For the purpose of changing such addresses, addressees or
numbers, unless and until such written notice is received. the last addressee and
respective address or numbers stated herein shall be deemed to continue in effect for
all purposes, Notice shall be deemed given In compliance with this Article upon receipt
of automated fax confirmation, phYSical delivery or upon the fifth day after certified or
registered mail has been postmarked.
10. REAL ESTATE BROKERS
Any and all brokerage commiSSions or fees shall be the sole responsibility of the Seller.
Seller shall Indemnify Purchaser and hold Purchaser harmless from and against any
claim or liability for commission or fees to any broker or any other person or party
claiming to have been engaged by Seller as a real estate broker, salesman or
representative, In connection with this Agreement. Seller agrees to pay any and all
commissions or fees at Closing.
Page 7 of 10
~
)
~
1687
11. MISCELLANEOUS
A. This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
B. This Agreement and the terms and provisions hereof shall be effective as of
the Effective Date 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.
C. 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,
D. 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 proVlsions hereof.
E. All terms and words used In this Agreement, regardless of the number and
gender In which used, shall be deemed to .nclude any other gender or number as
the context or the use thereof may require.
F 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 ,nstance 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.
G, 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.
H. Seller IS aware of and understands that the "offe(' to purChase represented by
this Agreement IS subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
I. If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Seller shall make a written public disclosure, according to Chapter 286, Flonda
Statutes, under oath. of the name and address of every person having a
beneficial interest m the Property before Property held In such capacity is
conveyed to Collier County.
J. ThiS Agreement shall be governed in accordance with the laws of the State of
Florida,
K. The "Effective Date" of thiS Agreement will be the date of execution of this
Agreement by the last signing party.
L. ThiS Agreement contains the entire understanding between the parties; there
are no promises, representations. warranties or covenants by or between the
parties that are not mcluded in this Agreement.
M. TIME IS OF THE ESSENCE In thiS Agreement.
Page 8 of 10
~J ~
~
I
~
16B7
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Project/Acquisition Approved by BCC:On Sf ;;;;;kYl A~nitt. I t.e (\'\ l ~'6 7.
AS TO PURCHASER:
DATED:~
(!.
ATTEST'
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
"~'
BY: d:: '
~"" : (1JI.J i!ouatL.(X
........ ' D ty Clerk
ft~~~ .tn14n s
signature on1.
AS TO SELLER: ~
DATED: r;;f, 07
/ I
WITNESSES:
~IC.O(,,'" tV~WIo.y
(Prmted Name)
WATERWAYS JOINT VENTURE IV, a
Fionda general partnership
BY: Waterways at Hibiscus, Ltd" a
Flonda limited partnership, a general
partner
c{fLd0~
(Signature)
~~urery1A
c."Ir1Py G..'lc.u.sd
(Prrnted Name)
BY: Waterways Development, In ,a
Flonda corporation, its genera artner
'/
/7.
BY:
WITNESSES:
C/(~
(Signa~
~ I '-OC4, ~..v
(Prrnted Name)
J.
DATE:
A
.
Page 9 of 10
~\~
'6,'
WITNESSES.
~~i~~
~\c.o"G. G...,...."'WA'!
(Pnnted Name)
Approved as to form and
legal sufficiency:
,f~ l/ ~
-Ellen T. Chadwell
Assistant County Attorney
BY: DESN I, INC,.a general partner
BY: /#0
r "!,, President
DATE. tJ Z101
Page 10 of 10
16B7
11
~~
~"'-
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 L" r;
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO c..
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document Original documents should be hand delivered to the F~ourd Office. Tnt completed TOuting slip and original
documents are to be forwarded to the Board ()f!1cc only aftt'f Ih(: Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed, If the document is already complete with the
exc tion of the Chairman's 5i ature, draw a line thrau h routin lines #1 thrau h #4, com 1ete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
List in routin order)
1.
2.
3.
4.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder ofthe otiginal document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the
5. Sue Filson, Executive Manager
Board of County Commissioners
item.)
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was May 22, 2007 Agenda Item Number l6C2
Approved by the BCC
Type of Document Executive Summary, Exhibit, Satisfaction Number of Original 1
Attached of Notice of Promise to Pay Documents Attached
6. Minutes and Records
Clerk of Court's Office
'J)e-
j)(!,.
'J)C!-
'J)C
1)C
1)C
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and osslbl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entcred as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC otTice within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on5 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
I: Forms/ County Forms/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1,26,05, Revised 2,24,05
2.
3.
4.
5.
6.
16C2
EXECUTIVE SUMMARY
Recommendation to approve the Satisfaction for a certain Water and/or Sewer
Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the
Satisfaction of Lien.
OBJECTIVE: Recommendation that the Board acknowledges full payment, and
executes a Satisfaction for the Agreement To Extend Installment Payment of Water
and!or Sewer System Impact Fees.
CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as
Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner
and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water
and!or Sewer System Impact Fees executed by:
SEE A TT ACHED EXHIBIT "A"
Full payment and satisfaction of this agreement have been made. The County
Attorney's Office has reviewed and approved the satisfaction.
FISCAL IMPACT: Satisfaction of this agreement has increased the cash flow in the
sewer impact fee (Fund 413) by $1,180.00. The fiscal impact for recording the
Satisfaction of Lien is approximately $18.50, which is to be charged to (Fund 408) the
County Water! Sewer Operating Fund Utility Billing cost center.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with this item,
RECOMMENDATION: Recommendation to acknowledge full payment and the
satisfaction of this agreement and to surrender the same as canceled. Authorize the
Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service.
"11
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
4023139 OR: 4233 PG: 3689
RBCORDBD in OFFICIAL RBCORD91tf~LL~ ~NTY, FL
OS/24/2007 at 11: 16AM DWIGH...{jj):I~ ~K
RBC m 27.00
COPlBS 3.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain
Agreement with the following:
Wesley H Christensen and Betty J Christensen, Husband and Wife
Whose mailing address is
23 Grosbeak Lane
Naples, FI 34114
Bearing the date of the 161h day of July 1999, recorded in Official Record Book
2571 Page(s) 1728, in the Office of the Clerk of the Circuit Court of Collier County, State of
Florida, which Agreement imposes a lien on the subject real property, The Lien secures
the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180,00)
plus accrued interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
UNIT NO. 23, QUAIL ROOST, UNIT I, A CONDOMINIUM ACCORDING
TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL
RECORD BOOK 980, PAGES 1634 THROUGH 1723, INCLUSIVE, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH ALL
APPURTENANCES THERETO ACCORDING TO SAID DECLARATION AND
SUBJECT TO ALL PROVISIONS OF SAID DECLARATION, TOGETHER WITH
ANY AMENDMENTS, TO DATE, THERETO, AND SUBJECT TO ALL OTHER
RESERVATION, RESTRICTIONS AND EASEMENTS OF RECORD, AND TAXES
FOR THE CURRENT YEAR.
ALSO, AN UNDIVIDED 1/62ND INTEREST IN THE LANDS, WHICH
INTEREST SHALL HEREAFTER BE DEEMED AN APPURTENANCE TO SAID
UNIT AND SHALL NOT BE SUBJECT TO PARTITION, OR CONVEYANCE
SEPARATE FROM SAID UNIT.
FOLIO NUMBER: 68890920002
Collier County, a political subdivision of the State of Florida, and the Collier
County Water-Sewer District, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels the Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer
District, acting through its Chairman, directs execution and recording of this Satisfaction
of Lien, by action of the Board this~1\(1) day of m 19)1 ,2007,
-.1',
ATTE~T: .
Dw~q8T E, BROCK, CLERK
~ ~l.
, t~st as to \ ,
sfonature ()ll1-
Approved as to form and legal
suffj' ~
David C. gel
County Attorney
OR: 4233 PG: 3690
16G2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF CPLLlEB'
COUNTY AND AS EX-OFf.'ICIO THE
GOVERNING BOARD OF '[HE COLLIER'
COUNTY WA TER-SEWERDISTRICT
JAM
"
*** OR: 4233 PG: 3691 ***
16G2
EXHIBIT "A"
1. Wesley II Christensen and Betty J Christensen, Husband and Wife, securing the
principal balance of one thousand onc hundred eighty dollars and no cents
($1,180.00). Folio #68890920002.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLl1I6 C 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .&.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
!'rint un pink paper. A ttach TO original d(lCUmt~nt. Original doculllcnts should be hand dclih~rt'd 10 t"he Board Office. 'fhe completed routing slip and original
duclllllents un: t(\ be llw\van.led to the 130ard Office only af1!:[ the Board has taken action on the ill'Jl1.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exec tion of the Chairman's si ature, draw a line thrau h routin lines #1 throu h #4, com lete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
2.
(The primary contact is the holder orthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to he delivered to the Bee office only af)er the Bee has acted to approve the
item)
3.
4.
Name of Primary Staff Pam Callis Phone Nnmber 403-2359
Contact
Agenda Date Item was May 22, 2007 Agenda Item Number 16C3
Approved by the BCC
Type of Document Executive Summary, Resolution, 01 -/1. V Number of Original I
Attached Satisfaction of Liens Documents Attached
5. Sue Filson, Executive Manager
Board of County Commissioners
Yes
(Initial)
N/A(Not
A licable)
6. Minutes and Records
Clerk of Court's Office
1Jc,
'3Ic,
<j)c,
'])11-
<J)c"
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised] ,26,05, Revised 2.24,05
PRIMARY CONTACT INFORMATION
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a pro riate.
Original docnment has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the Bee 0115 ,5l 'O'T (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3,
4.
5,
6.
16C3
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts wherein the county has received payment
and said Liens are satisfied in full for the 1991 Solid Waste Collection and
Disposal Services Special Assessments. Fiscal impact is $30.00 to record the
Satisfactions of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1991 Solid Waste
Collection Services Special Assessments.
CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26,
1993 provided for the recording of the list of 1991 delinquent solid waste collection
and disposal services special assessments and a mailing of a written notice of the
imposition of each residential unit lien. Resolution No. 93-29 was recorded on
February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the
Official Records of Collier County, Florida, which placed a lien on certain residential
properties for the 1991 Solid Waste Collection Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien
shall be approved by Resolution.
The attached Resolution lists the two accounts that have paid in full for the 1991
Solid Waste Collection Services Special Assessment Liens.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $30.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the two Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign these two Satisfactions of Lien for
the 1991 Solid Waste Collection Services Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service.
16C3
RESOLUTION NO. 2007 - 128
A RESOLUTION APPROVING SATISFACTION OF LIEN
FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL
THE 1991 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing
the recording of notices of liens for the delinquent solid waste collection and disposal
services special assessments for 1991; and
WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official
Record Book 1793, Pages 459 through 598 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1991; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1991 Service Year Solid Waste Collection and Disposal Special Assessments for the
following account numbered below, subsequent to the adoption of Resolution No. 93-29,
whereupon a lien had been recorded on real property pertaining to the account identified
herein. The Satisfaction of Lien attached hereto referencing the accounts identified herein
are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board
of County Commissioners, and the Clerk is directed to record this Resolution and this
Satisfaction of Lien individually in the official records of Collier County:
Account No. 63704
90256
This Resolution adopted thi~o?Nl> day of mil {j
second and majority vote (f
, 2007, after motion,
. -,-
"t
ATTEST: , ,
DWIGHT E. BROCK, CLERK
~~,~~10.L.
,1onat~rt '.
Approved as to form and
legal sufficienc :
~
BOARD OF COUNTY COMMISSIONERS
:~LLlER2~~
JAM COLETTA, CHAIRMAN
*** 4023153 OR: 4233 PG: 3767 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/2412007 at 11:18AN DWIGHT B. BROCK, CLBRK
RBC m 10,00
coms 1.00
C-
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
*** 4023154 OR: 4233 PG: 3768 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/2412001 at 11:18AN DWIGHT B. BROCK, CLBRK
RBC m 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
16C3
Property Folio No. 56404920002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of
a certain Lien against:
WILLIAMS, LUCILE
425 JONES ST
IMMOKALEE FL 339340000
The Lien was recorded on the 15t day of February 1993, in Official Record Book
1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of
Collier County, State of Florida, The Lien secures the principal sum of One
Hundred Two Dollars ($102.00) plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
MAINLINE BLK 5 LOT 24 OR 119 PG 60
Folio No.
Project No.
Account No.
56404920002
60000
63704
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this de:! NX> day of
/1717):1 ,2007.
ATTEST: BOARD OF COUNTY CO ISSIONERS
DWIGHTE.8ROCK, CLERK 10
.b~Cluu ~~ 0.( By:
cJ/tt:est .s to a~' JAM COLETTA, CHAIRMAN
lt1~ta~rti!> orm
andl 'al clency~
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
*** 4023155 OR: 4233 PG: 3769 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
0512412007 at 11:18AH DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 1240
16C3
Property Folio No 66220760009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
AREVALO, JULIA
406 WASHINGTON AVE
IMMOKALEE FL 339340000
The Lien was recorded on the 15t day of February 1993, in Official Record Book
1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of
Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Two Dollars ($102.00) plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County,
Florida, described as follows:
PEARCE SUBD BLK 2 LOT 13 OR 1251 PG 2279
Folio No.
Project No.
Account No.
66220760009
60000
90256
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this dc) ND day of
m /1)f , 2007.
ATTES"r: BOARD OF COUNTY CO MISSIONERS
DWIGHT E.. BBOCK, CLERK COLLIER COU ,FLO 10
h~:;~f-(' BYJAME
and Ie al ." ncy ~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original dlll'ument. Original dt1CLlmellls Shdlild be h:md delivert'd to tht~ 130ard Office. The eompleted routing slip and original
documents are to be t'onvardcd to the IJoard Onkl' only al'tl'r the Hoard has tak<.~n action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate lor additional signatures, dates, and/or information needed. If the document is already complete with the
exee tion of the Chaimmn's si ature, draw a line thrall h routing lines #1 thrau h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
L
(The primary contact is the holder of the original document pending Bee: approval. Nomlally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one orthe addressecs above, including Sue bison, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bce office only after thc Bee has acted to approve the
item.)
Name of Primary Staff Pam Callis
Contact
Agenda Date Item was May 22, 2007
A roved by the BCC
Type of Document
Attached
2"
3"
5. Sue Filson, Executive Manager
Board of County Commissioners
403-2359
16C4
Yes
(Initial)
N/A(Not
A licable)
6. Minutes and Records
Clerk of Court's Office
-;pt-
1)Co
1) Co
'])C
1>c,
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
PRIMARY CONTACT INFORMATION
Phone Number
Ageuda Item Number
Executive Summary, Resolution,
Satisfaction of Liens
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has beeu signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all paIties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have bcen initialed by the County Attorney's
Office and all other arties exce tthe BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours ofBCe approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be ware of your deadlines!
The document was approved by the BCC 0 0 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
16C4
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $50.00 to record the
Satisfactions of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1992 Solid Waste
Collection Services Special Assessments.
CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 19,
1994 provided for the recording of the list of 1992 delinquent solid waste collection and
disposal services special assessments and a mailing of a written notice of the
imposition of each residential unit lien. Resolution No. 94-668 was recorded on
September 22, 1994 in Official Record Book 1986, Pages 766 through 942 of the
Official Records of Collier County, Florida, which placed a lien on certain residential
properties for the 1992 Solid Waste Collection Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens
shall be approved by Resolution.
The attached Resolution lists the four accounts that have been paid in full for the 1992
Solid Waste Collection Services Special Assessment Liens.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $50.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the four Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign these four Satisfactions of Lien for the
1992 Solid Waste Collection Services Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service.
RESOLUTION NO. 2007 - 129
16C4
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on September 19, 1994 adopted Resolution No" 94-668
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1992; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1992 Service Year Solid Waste Collection and Disposal Special Assessment for the
following accounts numbered below, subsequent to the adoption of Resolution No.
94-668, whereupon a lien had been recorded on real property pertaining to the accounts
identified herein. The Satisfactions of Lien attached hereto referencing the accounts
identified herein are hereby approved and the Chairman is hereby authorized to sign on
behalf of the Board of County Commissioners, and the Clerk is directed to record this
Resolution and these Satisfactions of Lien individually in the official records of Collier
County:
Account No.
65304
124355
131652
143653
This Resolution adopted this,.,{dND day of m R/4
second and majority vote.
, 2007, after motion,
BOARD OF COUNTY COMMISSIONERS
BY co:u~
JAMi?s COLETTA, CHAIRMAN
*** 4023157 OR: 4233 PG: 3771 ***
RBCORDBD in OFPICIAL RBCORDS of COLLIBR COUNTY, FL
05124/2007 at 11:21AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 724 0
*** 4023158 OR: 4233 PG: 3772 ***
RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL
OS/24/2007 at 11:21AH DWIGHT B. BROCK, CLBRK
RBC FBB 10,00
coms 1. 00
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
Property Folio No. 37749800000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
HUMPHRIES, SCOTT R=& TARA L
691 22ND AVE
NAPLES, FL 339640000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 23 E 165FT OF TR 122 OR
1100 PG 2047
Folio No.
PROJECT NO.
Account No.
37749800000
61000
65304
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thisc:b?lII.D day of m t1):f
2007.. "
ATTEST:
DWIGHT E. BROCK, CLERK
~L~.c.
1 ,
1> orm
ienc~
BOARD OF COUNTY CO
COLLIER COU , FLO
rrvDavid C. eigel
County Attorney
16C.4
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
*** 4023159 OR: 4233 PG: 3773 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
0512412007 at 11:21AM DWIGHT B, BROCK. CLBRK
RIC m 10,00
coms 1. 00
Retn:
CLBRK TO THB BOARD
INTBROmCB 4TH FLOOR
BIT 7240
1~C4
Property Folio No" 63500880000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
WALLACE, REBECCA Z
4000 14TH ST N
NAPLES, FL 339400000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
NAPLES VILLAS BLK B N 90FT LOTS 15 + 16 OR 1947 PG
677
Folio No.
PROJECT NO.
Account No"
63500880000
61000
124355
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this,.k7NJ) day of m f1,!:i
2007.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E,I3ROCK. CLERK COLLIER COU ,FLO A
h...: Ilu..u ~o(Jl--. By:
~test IS to Ce1~ JAM
-"P...~Worm
and Ie . ien~
VOavid C. eigel
County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
*** 4023160 OR: 4233 PG: 3774 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/24/2007 at 11:21AH DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD 16 C ,II.
INTBRomCB 4TH FLOOR. i .. ,'tt
BIT 7240
Property Folio No. 66220760009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
AREVALO, JULIA
406 WASHINGTON AVE
IMMOKALEE FL 339340000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
PEARCE SUBD BLK 2 LOT 13
Folio No.
PROJECT NO.
Account No.
66220760009
61000
131652
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thi~al\lJ)day of ml'i)l
2007,
ATTEST:
DWIGHT E.BROCK, CLERK
~~ to~1~1'~Q/
A~:lbK:l rm
and Ie ien~
By:
JA
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
*** 4023161 OR: 4233 PG: 3775 ***
RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL
OS/24/2007 at 11:21AH DWIGHT B. BROCK, CLERK
REC FBB 10.00
coms 1. 00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
16C4
Property Folio No" 74030640000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
JOHNSON,MARY
1764 AQUARIUS CT
FT MYERS, FL 339160000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
S IMMOKALEE HGTS BLK 1 LOT 20 OR 1148 PG 2137
Folio No.
PROJECT NO.
Account No.
74030640000
61000
143653
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this~N.D day of m ft)I
2007"
ATTEST:
DWIGHT E. BROCK, CLERK
By:
JAM
~avid C" W gel
County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 C 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink p<lpcr. t\ttach to original document. Original dnclirll<.:nls should hI;' hand delivered 10 the FSoard Otlice, The completed routing slip and origin:.!1
documents art' to be furwarded to the Board Oftke only after the Eioard has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andior information needed. Ifthe document is already complete with the
exc lion of the Chairman's si ature, draw a line throu h routin' lines #1 throu h #4, com lete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routin order
L
2"
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item.
3"
4"
403-2359
16C5
Yes
(Initial)
N/A(Not
A licable)
5. Sue Filson, Executive Manager
Board of County Commissioners
1)C
'])e-
'J)c-
])c-
::DC-
I: Forms! County Forms! Bec Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
6" Minutes and Records
Clerk of Court's Office
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Pam Callis
Phone Number
May 22.2007
Agenda Item Number
Executive Summary, Resolution,
Satisfaction of Liens -I ~
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signedlinitialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exee t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC ol1lce within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BeC 0 l' (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the ehan es, if a Iieable.
2.
3.
4.
5.
6.
16C5
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $60.00 to record the
Satisfactions of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1993 Solid Waste
Collection Services Special Assessments,
CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20,
1994 provided for the recording of the list of 1993 delinquent solid waste collection and
disposal services special assessments and a mailing of a written notice of the
imposition of each residential unit lien, Resolution No. 94-694 was recorded on
September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the
Official Records of Collier County, Florida, which placed a lien on certain residential
properties for the 1993 Solid Waste Collection Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien
shall be approved by Resolution.
The attached Resolution lists the five accounts that have been paid in full for the 1993
Solid Waste Collection Services Special Assessment Liens.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $60.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the five Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the five Satisfactions of Lien for the
1993 Solid Waste Collection Services Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service,
16C5
RESOLUTION NO. 2007- 130
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL
THE 1993 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
of County Commissioners on September 20, 1994 adopted Resolution No. 94-694
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1993; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfactions of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No" 90-30, as amended, the Board recognizes full payment and receipt of the
1993 Service Year Solid Waste Collection and Disposal Special Assessment for the
following accounts numbered below, subsequent to the adoption of Resolution No. 94-694,
whereupon a lien had been recorded on real property pertaining to the accounts identified
herein. The Satisfactions of Lien attached hereto referencing the accounts identified
herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the
Board of County Commissioners, and the Clerk is directed to record this Resolution and
these Satisfactions of Lien individually in the official records of Collier County
Account No.
68 13453 25946 2930 24675
This Resolution adopted this d';;N:D day of m ':!i
second and majority vote.
, 2007, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
t)" : u-( .
Attest as t Chal n,
'1onature on .
Approved as to form and
'D~
~David C. Wei el
County Attorney
BY:
4~
~ES TTA, C AIRMAN
*** 4023166 OR: 4233 PG: 3797 ***
RECORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/24/2001 at 11:25AH DWIGHT B. BROCK, CLERK
RBC m 10.00
coms 1. 00
Retn:
CLBRK TO THB BOARD
IHTBROFFICB 4TH FLOOR
BIT 7240
*** 4023167 OR: 4233 PG: 3798 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/2412007 at It:25AH DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS t.OO
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Retn:
CLBRK TO THB BOARD
INTBRomCB 4TH FLOOR
BIT 7240
Property Folio No. 00057200002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
MANZANO, JUAN R
JESUSA SALAZAR MANZANO
4907 MERHAM DR
IMMOKALEE, FL 339340000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
364628 E 300FT OF W 500FT OF N 150FT OF S 300FT OF S1/2 OF
NW1/4 OF SE1/4 OR 1165 PG 122
Folio No.
Project No.
Account No.
0057200002
63000
68
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thi~ay of m1lJ ,2007.
ATTEST:' '"'"
DWIGHT E. BROCK, CLERK
~. ~~.~~~c.
~$t IS II( ,
. A~"~ MI, ~rm
and legal sufficiency ~
~
rDavid C. W Igel
County Attorney
BOARD OF COUNTY COMMISSIONERS
:~LLI:l;(~
JA ,
16C5
*** 4023168 OR: 4233 PG: 3799 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
0512412007 at 11:25AH DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
coms 1.00
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 1240
Property Folio No. 00338920001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
PADILLA, JOSE=& MARIA
5320 GILLCREST ST
NAPLES, FL 339620000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
31 4927 E1/2 OF NW1/4 OF SW1/4 OF NE1/4 5AC OR 1468 PG 2292
Folio No.
Project No.
Account No.
00338920001
63000
2930
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thisdl22AtZ>day of mf1)i , 2007.
A nEST:
DWIGHT E BRbCK, CLERK
~;~. r~0('
Ai>fu~~!iJ~s% iW'man s
and~re~~BufWdil1ncy
~6~~~
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUY, FLO 10
By:
JAM
16C5
*** 4023169 OR: 4233 PG: 3800 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05124/2001 at 11:25AH DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
Property Folio No. 37749800000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
HUMPHRIES, SCOTT R=& TARA L
691 22ND AVE
NAPLES, FL 339640000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 23 E 165FT OF TR 122 OR 1100 PG 2047
Folio No.
Project No.
Account No.
37749800000
63000
13453
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thi~day of mAil ,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COU ,FLO DA
By:
JAME
,
al
A,f;9otWe form
and legal sufficiency
~~/~
County Attorney
16CS
*** 4023170 OR: 4233 PG: 3801 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL
0512412007 at 11:25AH DWIGHT E. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1. 00
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
Property Folio No. 63500880000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
WALLACE, REBECCA Z
4000 14TH ST N
NAPLES, FL 339400000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
NAPLES VILLAS BLK B N 90FT LOTS 15 + 16 OR 1947 PG 677
Folio No.
Project No.
Account No.
63500880000
63000
24675
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circui( Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thi~day of m 11)1 ,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
~~~o ~,~~?)(. BYJAM
~DnateCtaertb'orm
and legal,sufficiency
_~r
U County Attorney
.
.''t
16C~
...,:'"
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023171 OR: 4233 PG: 3802 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05124/2001 at 11:25AH DWIGHT B, BROCK, CLBRK
RBC FBB 10,00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
16C:5
Property Folio No. 66220760009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
AREVALO, JULIA
406 WASHINGTON AVE
IMMOKALEE FL 339340000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida, The Lien secures the principal sum of
One Hundred Three Dollars and Two Cents ($103,02) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
PEARCE SUBD BLK 2 LOT 13 OR 1251 PG 2279
Folio No.
Project No.
Account No.
66220760009
63000
25946
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thi~day of m 11)1 , 2007.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COU Y, FL 10
~~te~to~~IO'('
Altltfllllt....sC1tlMtJrm
and legal ,sufficiency
~~
County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLf6 C 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink puper. Atiach to originul document. Origimll dllCUn1cnls snould be hand delivered to the BmmJ Office. rhe l:omp1eted routing slip and origiml1
documents llfC 10 he t(lnvarded to the Board Oft1cc only antT the Board has taken uction on tile item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exec tion oftne Chaimlan's 5i ature, draw a line thrall h routin lines #1 throu h #4. co lete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Office Iuitials Date
(List in rautin order
1.
2.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BC(' approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oi"the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
3.
4"
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was May 22, 2007 Agenda Item Number 16C6
Approved by the BCC
Type of Document Executive Summary, Resolution, Number of Original I
Attached Satisfaction of Liens () ,---I '0 I Documents Attached
5. Sue Filson, Executive Manager
Board of County Commissioners
Yes
(Initial)
N/A(Not
A plicable)
6. Minutes and Records
Clerk of Court's Office
rpe
'J)C-
1)6
1JCo
1)0
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column. whichever is
a fa nate.
Original document has been signedlinitialed for legal sutnciency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages tram ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties cxce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be ware of our deadlines!
The document was approved by the BCC 0 '0 (enter date) and all changes
made during the meeting have been incorporated III the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2"
3"
4.
5.
6.
16C6
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $50.00 to record the
Satisfactions of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1994 Solid Waste
Collection Services Special Assessments.
CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22,1995
provided for the recording of the list of 1994 delinquent solid waste collection and
disposal services special assessments and a mailing of a written notice of the
imposition of each residential unit lien. Resolution No. 95-475 was recorded on
September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the
Official Records of Collier County, Florida, which placed a lien on certain residential
properties for the 1994 Solid Waste Collection Services Special Assessments"
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien
shall be approved by Resolution.
The attached Resolution lists the four accounts that have been paid in full for the 1994
Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $50.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: That Board of County Commissioners adopts the attached
Resolution approving the four Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the four Satisfactions of Lien for the
1994 Solid Waste Collection Services Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service.
16C6
RESOLUTION NO. 2007- 131
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS.
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
of County Commissioners on August 22, 1995 adopted Resolution No" 95-475 authorizing
the recording of notices of liens for the delinquent solid waste collection and disposal
services special assessments for 1994; and
WHEREAS, Collier County Ordinance No" 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1994 Service Year Solid Waste Collection and Disposal Special Assessment for the
following account numbered below, subsequent to the adoption of Resolution No. 95-475,
whereupon a lien had been recorded on real property pertaining to the account identified
herein. The Satisfaction of Lien attached hereto referencing the account identified herein
are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board
of County Commissioners, and the Clerk is directed to record this Resolution and this
Satisfaction of Lien individually in the official records of Collier County:
Account No. 2309 12098 23171 24413
This Resolution adopted this oZ9A1Dday of m fJ-)f
second and majority vote.
, 2007, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~;~j ~O(-
tes II to
stgnatln 011
BY: Ald ~'
JA~ COLETTA, CHAIRMAN
Approved as to form and
"ga' ,"ff~' ____________I
~:t~. W Ige~
County Attorney
*** 4023186 OR: 4233 PG: 3838 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY FL
OS/24/2007 at 11:31AH DWIGHT E. BROCK, CLERK '
REC FBB 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
16Cb
*** 4023187 OR: 4233 PG: 3839 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/24/2007 at 11:37AH DWIGHT B, BROCK, CLBRK
RBC FBB 10.00
coms 1. 00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
Property Folio No: 00338920001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
PADILLA, JOSE=& MARIA
5320 GILLCREST ST
NAPLES, FL 339620000
The Lien was recorded on the 14th day of September 1995, in Official Record Book
2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of
Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated in
Collier County, Florida, described as follows:
31 4927 E1/2 OF NW1/4 OF SW1/4 OF NE1/4 5AC OR 1468 PG 2292
Folio No,
Project No,
Account No,
00338920001
64000
2309
Collier County, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full satisfaction of the Lien and hereby cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in
the official Records of Collier County, Florida, to acknowledge that the Lien ceases
to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thisdc;7Nll day of mA)j ,2007.
ATTEST:
DWIGHT E: BROCK, CLERK
b~MA ~uJr'~"(
st "to a
51Qnature on
Approved as to form
j~'3:?~--'
/~avid C. igel
o County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FL ID
By:
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023188 OR: 423jl~:C;~0 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05124/2007 at 11:31AH DWIGHT B, BROCK, CLBRK
RBC FBB 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
Property Folio No: 37749800000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner
and holder of a certain Lien against:
HUMPHRIES, SCOTT R=& TARA L
691 22ND AVE
NAPLES, FL 339640000
The Lien was recorded on the 14th day of September 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 23 E 165FT OF TR 122 OR 1100 PG 2047
Folio No.
Project No.
Account No.
37749800000
64000
12098
Collier County, a political subdivision
acknowledges receipt of payment in full
cancels Lien.
of the State of Florida, hereby
satisfaction of the Lien and hereby
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thi~N~ day of mf1fj ,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
/
,
b.A: ~ N - ~_c..
ittkt IS to C~1~ ,
~lQnature on1-
Approved as to form
andle Is ,. ncy ~
.- ./
JAMES COLETTA, CHAIRMAN
~avid C. W Igel
o County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023189
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
0512412001 at 11:31AH DWIGHT B. BROCK, CLBRK
RBC FBB
coms
16C6
OR: 4233 PG: 3841 ***
10.00
1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 1240
Property Folio No: 63500880000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner
and holder of a certain Lien against:
WALLACE, REBECCA Z
4000 14TH ST N
NAPLES, FL 339400000
The Lien was recorded on the 14th day of September 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Four Dollars And Thirty Seven Cents ($104"37), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
NAPLES VILLAS BLK B N 90FT LOTS 15 + 16 OR 1947 PG 677
Folio No.
Project No.
Account No.
63500880000
64000
23171
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this..??dND day of m~ ,2007.
A TTEST~
DWIGHT E. BROCK; CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COU ,FL ID
~ (tu..u t ~C_c . By:
Attest IS to II, JA
signature on1'
Approved as to form
and Ie al . ncy ~
{..VDa'ilid C. W gel
o County Attorney
*** 4023190
16C6
OR: 4233 PG: 3842 ***
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/2412001 at 11:31AH DWIGHT B. HROCK, CLBRK
RKC m 10.00
coms 1. 00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
Property Folio No: 66220760009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner
and holder of a certain Lien against:
AREVALO, JULIA
406 WASHINGTON AVE
IMMOKALEE FL 339340000
The Lien was recorded on the 14th day of September 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Six Dollars And Seventy Two Cents ($106.72), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
PEARCE SUBO BLK 2 LOT 13 OR 1251 PG 2279
Folio No.
Project No.
Account No.
66220760009
64000
24413
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board thiSo?~NJ) day of mf1)J , 2007.
ATTEST; I
DWIGHT E. BROCK, CLERK
~~~;~~ P(,
signature on)-
Approved as to form
and Ie al "ency ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COU iJ"Y, FL I
By:
JA
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI116 C 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO do . .
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. :\ttach to original document. Original dncurncnts should be hand delivered to the flO<lrd Office. The completed TOutl"ng slip and original
documents aTC to he f{)r\varded to the 130ard Oftlcc only afttr the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exec lion ofthe Chainnan's si ature, draw a line throu h routin lines #1 throu h #4, co Jete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
List in roulin order)
L
2.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the even I one of the addressees above, including Sue Fi]son, need to contat:t staff for additional or missing
infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item)
3.
4.
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was May 22, 2007 Agenda Item Nnmber 16C7
Aooroved bv the BCC
Type ofDocnment Executive Summary, Resolution, Number of Original I
Attached Satisfaction of Liens Ot -I ~ "'2.. Documents Attached
5. Sue Filson, Executive Manager
Board of County Commissioners
Yes
(Initial)
N/A(Not
A licable)
6. Minutes and Records
Clerk of Court's Office
'1)C
'])C
:DC
]]C
1]8
I: Formsl County Fonnsl BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes colnmn or mark "N/A" in tlie Not Applicable column, whichever is
a ro date.
Original document has been signed/initialed for legal snfficiency. (All docnments to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except tlie BCC
Chairman and Clerk to the Board and osslbly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCe Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
docwnent or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bce office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines!
The document was approved by the BCe on .;/ 0 (enter date) and all changes
made during the meeting have been incorpora ed in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a lie able.
2.
3.
4"
5.
6.
16C?
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $80.00 to record the Satisfactions
of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1995 Solid Waste
Collection Services Special Assessments.
CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000
provided for the recording of the list of 1995 delinquent solid waste collection and disposal
services special assessments and a mailing of a written notice of the imposition of each
residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official
Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County,
Florida, which placed a lien on certain residential properties for the 1995 Solid Waste
Collection Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall
be approved by Resolution.
The attached Resolution lists the seven accounts that have been paid in full for the 1995
Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $80.00, which is to be charged to County WaterlSewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with these items.
RECOMMENDATION: That Board of County Commissioners adopts the attached
Resolution approving the seven Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the seven Satisfactions of Lien for the
1995 Solid Waste Collection Services Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service.
16 elf
RESOLUTION NO. 2007- 132
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on August 1, 2000 adopted Resolution No" 2000-236
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1995; and
WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official
Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1995; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record in the Official Records a Satisfaction of Liens on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995
Service Year Solid Waste Collection and Disposal Special Assessments for the following
accounts numbered below, subsequent to the adoption of Resolution No. 2000-236,
whereupon a lien had been recorded on real property pertaining to the accounts identified
herein The Satisfactions of Lien attached hereto referencing the accounts identified herein
are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board
of County Commissioners, and the Clerk is directed to record this Resolution and these
Satisfactions of Lien individually in the official records of Collier County:
Account No, 2642 12658 14708 25771
5432 14151 24468
This Resolution adopted thisOb(N.D day of rn f1)I
second and majority vote.
, 2007, after motion,
ATTEST:
DWIGHT EBROCK, CLERK
~:~'h~Q{.
ttest IS to a t n s
signature on]-
Approved. as to form and
le7l:3~~
~a id C. Weigel
County Attorney
BOARD OF COMMISSIONERS
CO~LORIOA
BY: ~
JA S COLETTA, CHAIRMAN
*** 4023203 OR: 4233 PG: 3900 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/24/2007 at 11:41AM DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023204
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
0512412007 at 11:41AH DWIGHT B. BROCK, CLBRK
RBC FBB
coms
OR: 4233 ~P3~{ ***
10,00
1. 00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 1240
Property Folio No. 00338920001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
PADILLA, JOSE=& MARIA
1922 EVERLY AVE SW
NAPLES, FL 341171143
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Two Dollars and Eighty Nine Cents ($102"89), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
31 4927 E1/2 OF NW1/4 OF SW1/4 OF NE1/4 5AC
Folio No.
Project No.
Account No.
00338920001
65000
2642
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~day of m R)i
2007.
ATTEST:
DWIGHT E. BROCK, CLERK
~~as ~~:~~'~( .
stonature onl.
Approved as to form
and legal sufficiency
~~~~
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN Y, FLO IDA
By:
JA
*** 4023205 OR: 4233 PG: 3902 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/24/2001 at 11:41AN DWIGHT B. BROCK, CLBRK
RBC m 10.00
coms 1.00
16C7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Retn:
CLBRK !O THB BOARD
INTBROFFICB 4TH FLOOR
BIT 1240
Property Folio No. 26735240009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
HOFMANN, C RICHARD
2616 CLIPPER WAY
NAPLES, FL 341043324
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
COCONUT RIVER UNIT 1 PAR NO 125 DESC AS FOLL, COMM NE
CNR SEC 35, S 540FT, W 1414.18FT TO POB, S 120.26FT, E
87.50FT, N 120.21 FT, W
Folio No.
Project No.
Account No.
26735240009
65000
5432
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~day of mAil
2007.
ATTEST:
DWIGHT E" BROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FLO IDA
,{, ,
.
test u to 4.
Itgnature 0111-
Approved as to form
and legal sufficiency ~
~~/
. County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023206 OR: 4233 PG: 3903 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/2412001 at 11:41AH DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBR01FICB 4TH FLOOR
BXT 7240
16C7
Property Folio No. 37749800000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
HUMPHRIES, SCOTT R=& TARA L
691 22ND AVE NE
NAPLES, FL 341202332
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 23 E 165FT OF TR 122 OR 1100 PG 2047
Folio No,
Project No"
Account No.
37749800000
65000
12658
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~day of m A I..{
2007. (
ATTEST:
DWIGHT E, BROCK, CLERK
~"~ '~~~
test 1\ to I " ·
signature on1-
Approved as to form
and legal sufficiency
r::f?c ~~~
County Attorney
BOARD OF COUNTY COMMISSIONERS
CB:lLIER~lv
JA~C , MAN
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023207 OR: 4233 PG: 3904 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/24/2007 at 11:41AN DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1,00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT7240
16C7
Property Folio No, 38398560004
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
HAMTON, W J=& SHEILA B
4930 12TH AVE SW
Naples, FL 341165004
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of Two
Hundred Five Dollars and Seventy Eight Cents ($205.78), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 34 W 150FT OF TR 109 OR 1480 PG 259
Folio No.
Project No.
Account No.
38398560004
65000
14151
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~NDday of m A;J
2007.
ATTEST:
DWIGHT E. BROCK, CLERK
~--( .
BOARD OF COUNTY COMMISSIONERS
CB~LLIER ~:A
JA~C '~N
S IS
signature 001-
Approved as to form
and legal sufficiency
.;-~,J;,L~
0" County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023208 OR: 4233 PG: 3905 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
0512412007 at 11:41AN DWIGHT B, BROCK, CLBRK
RBC FBB 10,00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROmCB 4TH FLOOR
BIT 1240
16C7
Property Folio No" 39326960002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
PIERRE, PHILLIP L
5416 HEMINGWAY CIR #3001
NAPLES, FL 341160000
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida" The Lien secures the principal sum of One
Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 50 N 75FT OF 150FT OF TR 67 OR 1848
PG 994
Folio No.
Project No.
Account No.
39326960002
65000
14708
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~day of m R)I
2007.
ATTEST:
DWIGHT E. BROCK, CLERK
~"~~O('
",st IS to .1. ~
s10naturt on 1 ·
Approved as to form
and legal sufficiency ~
VD~r
o County Attorney
BOARD OF COUNTY COMMISSIONERS
CB:LlIER ~'~A . .
JA~C ,~
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023209 OR: 4233 PG: 3906 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, PL
05124/2007 at 11:41AN DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
16C7
Property Folio No. 63500880000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
WALLACE, REBECCA Z
4000 14TH ST N
NAPLES, FL 341032315
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
NAPLES VILLAS BLK B N 90FT LOTS 15 + 16 OR 1947 PG 677
Folio No.
Project No.
Account No.
63500880000
65000
24468
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien"
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board this,tlNDday of mfl)i
2007.
ATTEST:
DWIGHT E. BROCK, CLERK
~~:to ~I~ .(J~,
si9J111ture on1-
Approved as to form
and legal sufficiency ~
~Q~
u County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FL ID
By:
JA
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023210 OR: 4233 PG: 3907 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/24/2001 at 11:41AN DWIGHT B. BROCK, CLBRK
RBC m 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
IRTBROFFICB 4TH FLOOR
BIT 7240
16C7
Property Folio No. 66220760009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
AREVALO, JULIA
406 WASHINGTON AVE
IMMOKALEE FL 341423136
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
PEARCE SUBD BLK 2 LOT 13
Folio No.
Project No.
Account No.
66220760009
65000
25771
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~llday of m 19)i
2007.
ATTEST:
DWIGHT E. BROCK, CLERK
~l~sj toi~~;~~.N'
s10nllture onl.
Approved as to form
a~encY /~
~i~i~ C. wJ~
'(; - County Attorney
By:
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLII6 C 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prin!. 011 pink paper. .'\tlach 10 original documem. Original documents should be hand delivered tn the Bo,mJ Office. rhe completed rouling slip and original
documents al"e to be fonvardcd to the Board Office only aftcr the Bourd has taken action on lht' item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exec lion of the Chairman's 51 ature, draw a line throu h routin lines #1 thrau h #4, co Jete the checklist. and forward to Sue Filson (line #5.
Route to Addressee(s) Office Initials Date
(List in raulin order
L
2.
3.
4.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
5. Sue Filson, Executive Manager
Board of County Commissioners
item.)
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was May 22, 2007 Agenda Item Number 16C8
Approved bv the BCC
Type of Document Executive Summary, Resolution, Number of Original 1
Attached Satisfaction of Liens C\\ '"1'0 3 Documents Attached
6. Minutes and Records
Clerk of Court's Office
Yes
(Initial)
N/A(Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficicncy. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc" signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC office within 24 hours of BCC approvaL
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions arc nullified. Be a are f our deadlines!
The document was approved by the BCC on 0 (enter date) and all changes
made during the meeting have been incorporated in the altached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
'116
'JJC
1Jc,
1JC
:Dc.
I: Fonns/ County Fonns/ Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
16C8
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions
of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1996 Solid Waste
Collection Services Special Assessments.
CONSIDERA TIONS: Resolution No, 2000-237 adopted by the Board on August 1, 2000
provided for the recording of the list of 1996 delinquent solid waste collection and disposal
services special assessments and a mailing of a written notice of the imposition of each
residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official
Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County,
Florida, which placed a lien on certain residential properties for the 1996 Solid Waste
Collection Services Special Assessments.
Collier County Ordinance No" 90-30, as amended, provides that Satisfactions of Lien shall
be approved by Resolution.
The attached Resolution lists the eight accounts that have been paid in full for the 1996
Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $90.00, which is to be charged to County WaterlSewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the eight Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the eight Satisfactions of Lien for the
1996 Solid Waste Collection Services Special Assessment Lien.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service.
16CB
RESOLUTION NO. 2007- 133
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1996; and
WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official
Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1996; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record in Official Records a Satisfaction of Liens on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the
1996 Service Year Solid Waste Collection and Disposal Special Assessments for the
following account numbered below, subsequent to the adoption of Resolution No. 2000-
237, whereupon a lien had been recorded on real property pertaining to the accounts
identified herein. The Satisfactions of Lien attached hereto referencing the accounts
identified herein are hereby approved and the Chairman is hereby authorized to sign on
behalf of the Board of County Commissioners, and the Clerk is directed to record this
Resolution and these Satisfactions of Lien individually in the official records of Collier
County:
Account No, 2639 5678 14025 27012
3146 5791 15684 28286
This Resolution adopted after thisdldN.V day of m A)f , 2007 after motion, second and
majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY JdoJt:~
~: l4ut ~t:>C
Attest as Cho ,
APllrtllMtt m and
Ie iCI cy: ~
*** 4023233 OR: 4233 PG: 4094 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05124/2007 at 11:47AM DWIGHT B. BROCK, CLERK
RBC FBB 10,00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
m 7240
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023234 OR: 4233 PG: 4095 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
0512412007 at 11:47AN DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
EXT7240
16CR
"
Property Folio No: 00338920001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
PADILLA, JOSE=& MARIA
1922 EVERLY AVE SW
NAPLES FL 341171143
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104,13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
31 4927 E1/2 OF NW1/4 OF SW1/4 OF NE1/4 5AC
Folio No.
Project No.
Account No,
00338920001
66000
2639
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~day of m fl):I
2007.
ATTEST:
DWIGHT E. BROCK, CLERK
~" ~to~I~~O.(.
A~~~f%lA form
a~~II~\~'sufficiency
r~~~
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, F
By:
JA
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023235 OR: 4233 PG: 4096 ***
RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL
05124/2007 at 11:47AN DWIGHT B, BROCK, CLBRK
RBC m 10,00
coms 1.00
Retn:
CLBRK TO THB EOARD
INTBROFPICB 4TH FLOOR
BIT 7240
16CB
Property Folio No: 00739880009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
HERNANDEZ, EMILO A=& MARIA E
107 ANDREA LN
NAPLES, FL 341148401
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
125126 COM SE CNR, S 335.26FT, N 54 DEG W 1672.1 OFT, N
1181.53FT TO POB, N89 DEG W111.94FT, N 135FT, S89 DEG
E11113FT,
Folio No.
Project No.
Account No.
00739880009
66000
3146
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~NDday of m Ar-'f
2007.
ATTEST:
DWIGHT E. BROCK, CLERK
~~~':, ~~~\_D'(.
A~lJn'ftQ~dlt lfmm
and regal sufficiency ~
~JZ3,(
County Attorney
By:
JAM
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023236 OR: 4233 PG: 4097 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
0512412007 at 11:47AN DWIGHT B. BROCK, CLBRK
RBC FBB 10.00
coms 1.00
Retn:
CLERK TO THB BOARD
INTBROmCB 4TH FLOOR 16 C 8
BIT 724 0
Property Folio No: 26735240009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
HOFMANN, C RICHARD
2616 CLIPPER WAY
NAPLES FL 341043324
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
COCONUT RIVER UNIT 1 PAR NO 125 DESC AS FOLL, COMM
NE CNR SEC 35, S 540FT, W 1414,18FT TO POB, S 120.26FT, E
87.50FT, N 120.21FT, W
Folio No,
Project No.
Account No.
26735240009
66000
5678
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~day of m fI)i
2007.
ATTEST:
DWIGHT E. BROCK, CLERK
b~.~ ~~UJ.n~" ~
Ap~~.~ 0 1~rm
and legal sufficiency
i"D~-'
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FL RIDA
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023237 OR: 4233 PG: 4098 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/24/2007 at 11:47AN DWIGHT B. BROCK, CLBRK
R!C FBB 10.00
coms 1. 00
Retn:
CLBRK TO THB BOARD
INTBROPPICB 4TH FLOOR
BIT 7240
16CB
Property Folio No 77163440006
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
CADE, PEDRO=& ROMONA
1903 LEED AVE
IMMOKALEE, FL 341422129
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of
Seventy Nine Dollars and Ninety Six Cents ($79.96) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
TRAFFORD PINE EST SEC I BLK 7 LOT 2 OR 641 PG 1549
Folio No.
Project No.
Account No.
77163440006
66001
5791
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~day of m ~
2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, F RI A
By:
JA
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023238 OR: 4233 PG: 4099 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OS/2412007 at 11:47AN DWIGHT B, BROCK, CLBRK
RBC FBB 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH PLOOR
m 7240
16CB
Property Folio No: 37749800000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
HUMPHRIES, SCOTT R=& TARA L
691 22ND AVE NE
NAPLES, FL 341202332
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 23 E 165FT OF TR 122 OR 1100 PG
2047
Folio No.
Project No.
Account No.
37749800000
66000
14025
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~day of mil)!
2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, F RI A
~ ~U-v~J.
staste.,1 -n~
'tltlJftett8deaeftbw1'orm
and legal sufficiency
7..,w~~
IJ. County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023239 OR: 4233 PG: 4100 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/24/2007 at 11:47AN DWIGHT B, BROCK, CLBRK
RBC FBB 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
16CB
Property Folio No: 38398560004
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
HAMTON, W J=& SHEILA B
4930 12TH AVE SW
NAPLES, FL 341165004
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of Two
Hundred Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
GOLDEN GATE EST UNIT 34 W 150FT OF TR 109 OR 1480 PG
259
Folio No.
Project No.
Account No.
38398560004
66000
15684
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~day of mAl{
2007.
BOARD OF COUNTY COMMISSIONERS
:;LL1E~~
JAME'S COLETTA, CHAIRMAN
)
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023240 OR: 4233 PG: 4101 ***
RBCORDBD in OFPICIAL RBCORDS of COLLIBR COUNTY, FL
OS/2412001 at Il:47AN DWIGHT B. BROCK, CLBRK
RBC FBB lO.DO
COPIBS 1,00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 1240
16CB
Property Folio No: 63500880000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
WALLACE, REBECCA Z
4000 14TH ST N
NAPLES, FL 341032315
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
NAPLES VILLAS BLK B N 90FT LOTS 15 + 16 OR 1947 PG 677
Folio No.
Project No.
Account No.
63500880000
66000
27012
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution and recording of
this Satisfaction of Lien, by action of the Board thisOlJNllday of m A)J
2007.
ATTEST:
DWIGHT E. BROCK, CLERK
~.~to ~~, ~.( ~
"."W'1f <RflM form
and legal sufficiency ~
-'"~
fJ dounty Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4023241 OR: 4233 PG: 4102 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL
OS/24/2007 at 11:47AN DWIGHT B, BROCK, CLBRK
RBC FBB 10,00
COPIBS 1. 00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
HXT7240
16CB
Property Folio No: 66220760009
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
AREVALO, JULIA
406 WASHINGTON AVE
IMMOKALEE FL 341423136
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
PEARCE SUBD BLK 2 LOT 13
Folio No.
Project No.
Account No,
66220760009
66000
28286
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution and recording of
this Satisfaction of Lien, by action of the Board thi~day of m~
2007.
ATTEST:
DWIGHT E. BROCK, CLERK
~~a~ to (~1~,f-).( .
"'~"O~a%l'tb'form .
and Ie s ncy ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COU ;ry, FL9RIDA
By:
JAM
16n
'.," .t
,;, U
,.'
""'... ...
MEMORANDUM
Date:
June 4, 2007
To:
Michael Dowling, Property Management Specialist
Real Estate Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #16D10: Lease agreement with the School
District of Collier County for continued use of property
adjacent to East Naples Community Park at no annual cost
Attached, please find one (1) original agreement and one (1) copy of the
above referenced document, which was approved by the Board of County
Commissioners on Tuesday, May 22, 2007.
If you should have any questions, please call me at 774-8406.
Thank you.
Attachment
ORIGINAL DOCUMENTS CHECKLIST & ROUTING1lWD
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT W 0
TEE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Aaad1lD origiDal.~m_' OrigiDal.~m-.. sb<luld be band delivered lD the Board OtIico. The c:omp_ muliD8 slip llIld original
___.. are lD befcrwa1dedlD theBoardOffice oaIy gtl10 Board bas takelLacrioa.on tI10 item..) .
ROUTING SLIP
Camplem lOIlliDg _ #1 tbtough #4 as approprialll for additiClllli siguaames. _, aDdIor iDfomwiOll accdcd.lf tI10 .~-, ill alz=dy c:omplem with tI10
10
=dClloftl1on."'-'s si.m.m... dra.,.1iDe tIlroullll muliD. ....#1 tIlrouoh #4. ~Iele tI1od1ecldi3t. and forward lD SoepilsOIlm"./IS').
Route to Addressee(s) Office Initials Date
(List in ....tin. order)
l. "'- -------------
2. ---:':"""'-:'
..-----
3. '. ~
"'-,
~ -"
-.
4. --",-
...'".-....,
5. Sue FIlson, Executive Manager Board of County Commissioners .. .............
- "..
.. ..
6. Minutes and Records Oerk of Court's Office -
.
PRIMARY CONTACT INFORMA nON
(The: primary CQDC1Ct is tbe l10ider of the original. document pending BCe approval Normally the primary conClct is the person wbo cre:ued/p'n:pared the executive
summary. Primary contact i.z1formation is needed in the event one of the addressees above. including Sue Filson. D.ced to C.ODClCt staff for additional or missing
inform:uioll. All original documents needing the BCe Chainnan's sigDllturc are to be delivered to che BCe office only aftc:rthc Bee has acted to approve the
irem.)
CName of Primary Staff If .( (' /0 (il. ,.lA )
ontact 1'--- . l j", "",--,
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
,.
Phone Number
..,. ,,)
-,) () () 7
Agenda Item Number
~
7Ys
\ . \
'/l,~1?,/,_.-,1
Number of Original
Documents Attached
(;
/(,...,
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/' (-'
.,
a
--. a-1,--
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or =k "NI A" in the Not Applicable column. whichever is
a
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances.
resolutions. etc. signed by the County Attorney's Office and signature pages from
contracts, agreements. etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwrittcnstrike-through and revisions have been initialed by the County Attorney's
Office and all other arties ex t the BCC Chairman and the Clerk to the Board
The Chairlpan's signature line date has been entered as the date ofBCC approval of the
docutncnt or the final ne tiated contraCt date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si mrc and initials are r uirod.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue FUson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require 'forwarding to Ta!lahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on c, ., ~ L'] (enter date) and all changes
made during the meeting have been incorporated in the attached document. The .
Coon Attorne '. Office has reviewed the os, if a Iicable.
"C")
'=---.,
Yes
(Initial)
N/A (Not
Iicable)
2.
3.
4.
5.
6.
\-Jc,"~
/'/ v_
?8
,",
/ / ~/
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,
~ Forms! CAunty Forms! Bee FmmsI OrigiDal Doc:um=ts Routing Slip WWS Origiaal9.03.04. Revised 1.26"Qj. Revised 2.24.05
16;")
,\ i
t..J
10
LEASE AGREEMENT
(Avalon Elementary)
This Lease Agreement ("Agreement"), entered into this .~c,) day of ,)cu d -
, 2007, by
and between Collier County, a political subdivision of the State of Florida, ("County") and the
School District of Collier County, Florida (the "District"), together the "Parties". For good and
valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree and
contract as follows:
SECTION I - LEASED PREMISES.
1.0 I The District shall lease to the County certain property owned by the District and located
adjacent to Avalon Elementary School in Naples, Florida, consisting of approximately 6.4 acres and
more particularly described on Exhibit "A" ("Leased Premises").
SECTION II -TERM.
2.0 I The District agrees to lease to the County and the County agrees to lease from District the
Leased Premises for a term of ten (10) years from the date of execution by the District. The Parties
recognize that they are providing needed public park facilities under the terms of this Agreement
and that they may desire to extend or renegotiate this lease at its expiration, provided that the
District does not need the Leased Premises for educational facilities.
SECTION III - CONSIDERATION.
3.01 The County has constructed and maintains certain recreational facilities on the Leased
Premises. The District shall not charge any fees to County for the use of any of these facilities,
except for the cost of utilities arising from the County's use of such facilities.
160
10
SECTION IV - REPAIRS AND MAINTENANCE
4.01 The County shall be responsible for repairs and maintenance of all improvements and
facilities located on the Leased Premises which shall include but not be limited to the following
items: lighting, irrigation, mowing, and clay work. Repair and maintenance shall be in accordance
with County Park standards andlor District, County, State and Federal legally required standards as
appropriate.
4.02 The County shall have the right to replace or remove improvements and facilities on the
Leased Premises, provided that the District approves the replacement or removal in writing and
receives at least three (3) months notice of such a change. The County agrees to restore the Leased
Premises in the event of any such removal. The District's approval shall not be unreasonably
withheld with respect to any requests made by the County to replace or remove the improvements
or facilities located on the Leased Premises.
SECTION V - USE.
5.01 The District shall have priority use of all facilities on Leased Premises during regular school
hours and for special school-related events or programs at times other than regular school
hours, provided that such special events are scheduled in writing at least thirty (30) days in
advance with the Collier County Parks and Recreation Director or designee. The County
shall have the right to use the facilities on the Leased Premises after regular school hours,
Monday through Friday until 10:00 p.m. and on weekends, Saturday and Sunday and also
days when school is not in session (e,g, holidays and summer vacation) from the hours of
6:00 a.m. until 10:00 p.m.
160
10
SECTION VI - SUPERVISION.
6.01 The County and the District shall each provide adequate personnel to supervise (and clean-
up) the use of the facilities during their respective times of use of the Leased Premises in a manner
that promotes community health, public safety and proper preservation of the public facilities.
SECTION VII - CAPITAL IMPROVEMENTS.
7.01 The County may construct capital improvements and install additional equipment to improve
the existing facilities on the Leased Premises provided that such improvements or additions are not
in conflict with school use and are approved by the District in writing and in accordance with the
terms of this Agreement. The County shall be solely responsible for any and all costs associated
with such improvements or additions. The District shall have the right to review and approve, prior
to construction, the plans, specifications and location for the placement of all equipment, facilities,
and capital improvements upon the Leased Premises and such approval shall not unreasonably be
withheld.
7.02 The District intends to construct a pavilion to replace the one removed from the Leased
Premises and exclusively bear the expense of designing, permitting, and constructing same. The
pavilion, if constructed, shall be repaired and maintained by the County during the effective term of
the Agreement.
SECTION VIII - FENCING AND GATES.
8.01 The District shall have sole discretion over the control, operation and location of all fences
and gates located on the Leased Premises. The County shall be given access through all gates
necessary to use the Leased Premises in accordance with the terms of the Agreement.
160
10
SECTION IX - SCHOOL ADDITIONS & PORT ABLE CLASSROOMS.
9.01 The County acknowledges and agrees that the District shall have the right to build additions
and/or install portable classrooms or make other improvements and modifications on the Leased
Premises for school-related purposes. In the event that the District elects to makes such
improvements, installations and/or modifications, the District shall notify the County with at least
ninety (90) days written notice and shall make reasonable efforts not to adversely impact (or
terminate) the County's use of the Leased Premises.
SECTION X - INDEMNIFICATION.
10.01 To the extent provided by law, each Party agrees to hold harmless, indemnify and defend the
other Party including its agents, officers, directors and employees for any and all claims, losses,
penalties, demands, judgments, costs of suits, including attorney's fees, for any expense, damage or
liability incurred, whether for personal injury, property damage, direct or consequential damages, or
economic loss arising directly or indirectly arising from or in connection with the use of the Leased
Premises under the terms of this Agreement, except for such damage or liability which is caused
solely by the negligence of the other Party. This indemnification shall not be deemed a waiver of
any limitation of liability to which either Party may be entitled under Florida Statutes.
10.02 The County and the District shall maintain insurance coverage in the minimum amounts and
types as required under State law. The County and the District agree that either party may be self-
insured on the condition that all self-insurance(s) must comply with all State laws and regulations.
160
10
SECTION XI - TERMINATION.
11.01 The District and the County may, at any time, and for any reason, terminate this Agreement
upon ninety (90) days written notice to the other Party.
11.02 In the event the Agreement is terminated, the County shall have the right to remove any and
all structures, improvements and equipment that it has constructed or installed upon the Leased
Premises upon forty-five (45) days of written notice to the District. The County agrees to restore
the Leased Premises in the event of any such removal. With respect to those capital improvements
upon the Leased Premises that were paid for solely by the County and are permanent and not
removable, the District shall reimburse the County for such improvements in accordance with their
remaining depreciated value. The reimbursement shall be made during the next budget year and
shall be in the form of actual cost of said capital improvements depreciated by ten percent (10%)
per year from the date of construction, however, no reimbursement payments shall be required of
the District after the improvements have been in use for ten (10) years"
SECTION XII - EFFECT ON OTHER AGREEMENTS.
12.01 This Agreement is not intended to replace or otherwise amend or modify any agreements
executed by the Parties other than that certain Lease Agreement for property located at Avalon
Elementary and dated March 13, 1984.
SECTION XIII - ARBITRATION.
13.01 In the event that the Parties disagree regarding the interpretation of this Agreement, or the
fulfillment of obligations required hereunder, either Party may request an appeal to the
Superintendent, or County Manager, as applicable. Should the problem not be resolved to the
160
10
mutual satisfaction of any Party, it shall be submitted at the request of either Party to binding
arbitration in front of a three person panel according to the rules of the American Arbitration
Association.
SECTION XIV - ASSIGNABILITY.
14.01 The Parties shall not assign any interest in this Agreement without the prior written consent
of the other.
SECTION XV - AMENDMENT.
15.01 This Agreement embodies the entire Agreement between the Parties and may not be
modified unless in writing, executed by both Parties.
SECTION XVI - CHOICE OF LAW.
16.01 This Agreement shall be interpreted in accordance with the laws of the State of Florida. It is
recognized that all Parties hereto have contributed substantially and materially to the negotiations
and preparation of this Agreement, and that the Agreement shall not be interpreted more harshly
against one party by virtue of its preparation.
SECTION XVII - SEVERABILITY.
17.01 In the event that any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable. This
Agreement shall be construed and enforced as if such illegal or enforceable provision had
never compromised a part of this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
160 10
SECTION XVIII - EFFECTIVE DATE.
18.01 The Effective Date of this Agreement shall be the date that the last signature as set forth
below.
SECTION XIX - NOTICE.
19.01 Any notice required to be made under this Agreement shall be made in writing and either
hand delivered or delivered by overnight courier or facsimile transmission, or sent by registered or
certified mail, return receipt requested, and addressed to the following: District of Collier County,
clo Chief Operational Officer, 5775 Osceola Trail, Naples, Florida 34109; Collier County, clo
County Manager, 3301 East Tamiami Trail, Administrative Building, Naples, Florida, 34112.
SECTION XX - BINDING ON THE PARTIES.
20.01 Each Party hereby represents and warrants to the other that the execution of this Agreement
and any other documents required or necessary to be executed pursuant to the provisions hereof are
valid, binding obligations and are enforceable in accordance with their terms. IN WITNESS
WHEREOF, the Parties hereto have caused the Agreement to be executed by their appropriate
officials, as ofthe date first above written.
160
10
/
,'''' '" \';'. :J r
ATTEST:
DWIGHT 13: BROCK, Clerk BOARD OF COUNTY COMMISSIONERS,
,
By: (L..t.U ' . )} OL .COLLIER CO
A~i"~~@tt, By:_
. t OlIn'" 0111 ~ J.\
, '
Approved as to form and legal sufficiency:
~~ eJ~
Assist t County Attorney
ICT OF COLLIER
, Su erintendent
School Board Attorn~roval:
By:~/!
Rich rd W. Withers
Date: ::;: /~ 0 7
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16012
MEMORANDUM
Date: May 24, 2007
To: Susan Golden, State Grants Admin. Mgr.
Financial Administration and Housing
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Continuum of Care Homeless Grant Application
Enclosed, please find the original grant application as referenced above
(Agenda Item #16D12) approved by the Collier County Board of County
Commissioners on Tuesday, May 22, 2007.
After Submital to the appropriate agency please return a copy of the fully
executed document to the Minutes & Records Department to be kept in the
public record.
If you should have any questions please call me at 774-8406.
Thank you.
Enclosures (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING s-.l" D 1 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pmk paper. Attach to original document. Origmal ducuments :>bould be hand ddivcr~d to the Board ()Ilice rhe completed routing slip and original
documents are to he forwarded to the Board OlTice \ml) aftrr the Board has taken action nnlhc i!l:m,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chainnan's silmature, draw a line thromdl routing lines # I throuoh #4. comnlctc the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. ~
...........
2. ~
3. ~
4. ""
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Susan Golden
Phone Number
213-2901
16.0.12
Yes
(Initial
OS/22/2007
Agenda Item Number
}l6t
Nlf>I.
Continuum of Care Homeless Grant
A lication
Number of Original
Documents Attached
~
.Jz'
L
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency" (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney" This includes signature pages from ordinances.
resolutions. etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne 'otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
5i, ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCCs actions are nullified. Be aware of our deadlines!
The document was approved by the BCC ou OS/22/07 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 126.05, Revised 2.24.05
2"
3.
4.
5.
6.
Application for Federal Assistance SF-424 Version 02
"1. Type of Submission: "2. Type of Application " If Revision, select appropriate letter(s)
0 Preapplication 1:1<:1 New
1:1<:1 Application 0 Continuation "Other (Specify)
o Changed/Corrected Application o Revision
3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: "5b. Federal Award Identifier:
State Use Only:
6. Date Received by State: I 7. State Application Identifier:
8. APPLICANT INFORMATION:
"a. Legal Name: Collier County Board of County Commissioners
"b. EmployerfTaxpayer Identification Number (EINfTlN): "c. Organizational DUNS:
59~OOO558 076997790
d. Address:
"Street 1: 3301 Tamiami Trail East
Street 2:
"City: Naoles
County: Collier
"State: Florida
Province:
"Country: USA
"Zip / Postal Code 34112
e. Organizational Unit:
Department Name: Division Name:
Housing & Human Services Public Services
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: Ms "First Name: Susan
Middle Name: Matthews
"Last Name: Golden
Suffix:
Title: Grants Administration Manager
Organizational Affiliation:
Collier County Housing and Human Services
"Telephone Number: (239) 213-2901 Fax Number: (239) 403-2331
*Email: susangolden@colliergov.net
':' t... D 1 ')
~B~um~er: ;'04~
Expiration Date: 01/31/2009
o~u6er012
Expiration Date: 0113112009
Application for Federal Assistance SF-424 Version 02
'9. Type of Applicant 1: Select Applicant Type:
B.County Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
'Other (Specify)
'10 Name of Federal Agency:
U.S. Deparbnent of Housing and Urban Development
11. Catalog of Federal Domestic Assistance Number:
14.325
CFDA Title:
Continuum of Care (CoCl SUDDortive Housina Proaram (SHPl
'12 Funding Opportunity Number:
FR-5100-N-14
*Title:
Continuum of Care Homeless Assistance Proaram -CoC
13. Competition Identification Number:
CoC-14
Title:
Continuum of Care Homeless Assistance Proaram - CoC
14" Areas Affected by Project (Cities, Caunties, States, ete"):
Collier County, Florida
'15. Descriptive Title of Applicant's Project:
Collier County, FL Continuum of Care renewals for Transitional Housing and HMIS
OMB!t> 4~"l2
Expiration Date: 01131/2009
Application for Federal Assistance SF424 Version 02
16. Congressional Districts Of:
*a. Applicant: 14 & 25 *b. ProgramlProject: FL-012 and FL-025
17. Proposed Project:
*a" Start Date: 07012008 *b" End Date: 06302009
18. Estimated Funding ($):
*a. Federal $443,645
*b. Applicant
*c. State
*d. Local
*e. Other $851 ,236
of. Program Income
*g. TOTAL $1,294,881
*19. Is Application Subject to Review By Stete Under Executive Order 12372 Process?
0 a. This application was made available to the State under the Executive Order 12372 Process for review on_
1:81 b. Program is subject to EO. 12372 but has not been selected by the State for review.
0 c. Program is not covered by EO" 12372
*20. Is the Applicant Delinquent On Any Federal Debt? (If "Ves", provide explanation.)
o Ves 1:81 No
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply
wtth any resutting tenns if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject
me to criminal, civil, or administrative penatties, (U. S" Code, Title 218, Section 1001)
1:81 -IAGREE
- The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or
agency specific instructions
Authorized Representative:
Prefix: Mr. *First Name: James
Middle Name:
*Last Name: Coletta
Suffix:
*Title: Chainnan
'Telephone Number: (239) 774-8097 I Fax Number: (239) 774-3602
* Email: jimcoletta@colliergov.net /1 / -
*Signature of Authorized Representative: t-M J L/~ J*6at~Signed: !51a.~ 1<1007
./
{/ :'. . I
Authonzed for Local Reproduction
iency
StjUldill"<tFonn 4"24 (ReVIsed 10/2(05)
,-::,_.- . ,
'l'lisi:ribed by OMB Circular A-102
:!~.'(i'~~~:~,,~. ., ,'; ~ r,-"r , _
L:.iJ:'/i iE. [".\j',X, CLERK
. . ~ I ","
~: ~t~O'(
ssistant County Attorney
16 D12
OMS Approval No. 2506-0112
(exp.3/31/10)
2007 Exhibit 1: Continuum of Care (CoC) Application
U.S. Department of Housing
and Urban Development
Office of Community Planning and Development
OMB Approval No. 2506-0112
(exp" 3/31/10)
The information collection requirements contained in this application have been submitted to the Office of Management
and Budget (OMB) for review under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This agency may not
collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control
number.
Information is submitted in accordance with the regulatory authority contained in each program rule. The information will
be used to rate applications, determine eligibility, and establish grant amounts.
Selection of applications for funding under the Continuum of Care Homeless Assistance are based on rating factors listed
in the Notice of Fund Availability (NOFA), which is published each year to announce the Continuum of Care Homeless
Assistance funding round. The information collected in the application form will only be collected for specific funding
competitions.
Public reporting burden for this collection of information is estimated to average 170 hours per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information.
To the extent that any information collected is of a confidential nature, there will be compliance with Privacy Act
requirements. However, the Continuum of Care Homeless Assistance application does not request the submission of such
information.
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties
(U.S.c. 1001, 10to, 1012; 31 U.S.c. 3729, 3802).
Previous versions obsolete
Form HUD-40090-1
16D12
Part I: CoC Organizational Structure
~.._--
DUD-defined CoC Name:
CoC Number*
Naples/Collier County CoC FL-606
".H1JD~defined CoC ~~~~-;" and numbers are available at: www.hud.gov!offices!admlgrants!fundsavail.cfm. If you do "-,
nolhave a HUD:defined CoC name and number. enter the name ofyourCoC and HUD will assign~nuIT1.ber. _~" _
}\: CoC Lead Or~anization Chart
CoC Lead Organization: Collier County Housing and Human Services
CoC Contact Person: Susan Golden, Federal/State Grants Administration Manager
, Contact Person's Organization Name: Collier County Housing and Human Services
, Street Address: 3301 East Tamiami Trail
City: Naples
, Zip: 34112
-r - ---- ---.
Fax Number:
Phone Number: 239-213-2901
Email Address:susangolden@colliergov.net
CoC-A
B: CoC Geography Chart
Using the Geographic Area Guide found on HUD's website at
http://www.hud.gov/offices/admlgrants/fundsavail.cfin. List the name and the six-digit geographic
code number for every city andlor county participating within your CoCo Because the geography
covered by your CoC will affect your pro rata need amount, it is important to be accurate. Leaving out
a jurisdiction will reduce your pro rata need amount. For further clarification, please read the
guidance in Section IlLC.3.a of this NOFA regarding geographically overlapping CoC systems.
, Geographic Area Name
6-digit
Code
Geographic Area Name
6-digit
Code
,
-.-..--.----------'
121874
- -----------------------...-
122064
-- ----------
129021
- ----------
_ No Listin,g
_ ____~~_______L_1'Io_LisJil1g, _.
MARCO ISLAND
-....---..- -
NAPLES
_._---_.._--~-_._._------_.__.~-
COLLIER COUNTY
------"
lMMOKALEE
--- ----------
EVERGLADES CITY
- ---------r-------
CoC-B
Collier County, Florida
2007 Continuum of Care Exhibit I.
Form HUD-40090-1
16012
CoC Structure and Decision-Making Processes
c: CoC Groups and Meetings Chart
-- -" ----- - ---- "-" .---- ---- ---- --...---
Meeting Enter the
I Frequency number of
(check only organizationsl
___()J1e column) entities that are,
members of ,
CoC-Related Planning Groups
each CoC
... ~ planning group
..." ;: -; 6-
- ... .. =
-= Q 1: = " listed on this
=:; =
" = = chart.
Q = " =
:; ; 0- = -<
ea.tn2!!: CoCPrimary Decision-Making Gro!l~_________ - .~---- .. T-"----"-~
lJ."-,!,e~ . "~iv~County Continuum of Care ExeeutiveCoffilIlittee_LK__L _l_._~__.!5 _"__
This group meets to address current issues, set agendas for full CoC meetings, and detennine I
,Role: fO' eet riorities.
lCOC Prima Decision-Makin Grou list onl one rou
'Name: Collier County Hunger & Homeless Coalition Board of
Directors
Role: ,Fiduciary responsibilities ofthe Coalition; motions/actions to carry out
'operations; approval of strategic goals and direction of the CoC
lcommittee; overall oversi ht of ro'ect develo ment and im lementation
Other CoC Committees, Sub-Committees, Workgroups, etc.
Name: 'CoC Committee ' X I 9
Meeting monthly to address goal and strategic development/implementation; planning
I Role: and assessment of gaps in services; networking to improve overall delivery system;
im rove education, information and access to mainstream resources.
Name: HMIS/INCCC Steerin Committee X 8
Role ;Monthly meetings to address issues related to HMIS/INCCC (Information Network for'
,the Communi of Collier Coun ; make recommendations to Coalition Board; etc
Name: ,Blue Ribbon Committee X 5
Assessment and feasibility of proposed projects in meeting current needs of homeless;
evaluation, scoring, ranking and project priority of SuperNOFA proposed projects,
CoC-C
X
9
'Role
Collier County. Florida
2007 Continuum of Care Exhibit I
Form HUD-40090-1 2
16 D12
D: CoC Planning Process Organizations Chart
List the names af all arganizatians invalved in the CaC under the appropriate category. If mare than
ane geagraphic area is claimed an the 2007 Geagraphy Chart (Chart B), yau must indicate which
geagraphic area(s) each arganizatian represents in yaur CaC planning process. In the last calumns,
identify no. mare than two. subpapulatian(s) whase interests the arganizatian is specificallv facused an
representing in the CaC planning process. Far "Hameless Persans,'" identify at least 2 hameless ar
farmerly hameless individuals. Do. nat enter the real names af damestic vialence survivars.
SCHOOL SYSTEMS / UNIVERSITIES
Collier County Public Schools/Homeles~Liaisoll "
Florida Gulf Coast Univ.-SW Fla. Homeless Coalition
--
LAW ENFORCEMENT I CORRECTIONS
. Collier_ CountySollli11l1tlit~}'olicin,g-lIii~e~e!son
Collier County Sheriffs Office-Domestic Violence
and Human Traffickin
--------
LOCAL WORKFORCE INVESTMENT ACT
BOARDS
-----------------.. --
Career and Service Center
----------...----------------- .-'---
OTHER
Leg~l Aid So~iety of C~lli~;C~~nty------. CaLLIER CaUNTY
NON-PROFIT ORGANIZATIONS
-- -.-......-------
American Red Cross COLLIER COUNTY
--.---------,....,.-. '.- -------.-'.--.-- ------------.. -------
J:>.a.vid Lawrel1c.e_C_OITlrrlUnitr.~.:ntal Healtl1Cell~_ _C:C>LLlER~OUNTY_
Child Care of SW Florida COLLIER COUNTY
_________ _..______n_______________m___._______
--------------
Shelter for Abused Women and Children COLLIER COUNTY
--..------------------------------------------
Guadalul'~<::enter____ _ _ _________ _ ___ COLLIER COUNTY"_
. I!llllIo~~-"-Fri.encls~il'_I:Io_u~e_____ ____ COLLlE~ COtJ~T~
Collier Harvest COLLIER COUNTY
--------- ------- ----- ----------
Our Mothers Home ofSW Florida COLLIER COUNTY
------------
____m___
Youth Haven COLLIER COUNTY
----------------.---- -- ----.-----
FAITH-BASED ORGANIZA nONS
--- - --.. ..-.-.-. - - --------.--------..--
First Ass.f'mbly of God Ministries __ _
St. Matthews House/Emergency Shelter and Wolfe
COLLIER COUNTY
.bpartments/TH alld" PH "______ ______""___"
Collier County, Florida 2007 Continuum of Care Exhibit I Form HUD-40090-1 3
Specific Names of All CoC Organizations
Geographic Area
Represented
SubpopuIations
Represented, if any*
(no more than 2)
Ill:
o
I-
U
"'
rJ1
U
-
-l
=
;;J
=-
STATE GOVERNMENT AGENCIES
------... ._--
Dept. of Children and Families___
Collier County Health Dept/VVIC
LOCAL GOVERNMENT AGENCIES
--.----- -----.-----
Collier County Housing & Human Services
Department "_______"__ ._
So-'lie~C~llntxDept.()fVe~er~I1 Aj'faiI-s
PUBLIC HOUSING AGENCIES
, ~
COLLIER COUNTY
COLLIER COUNTY
Collier County Housing Authority/See 8
Ill:
o
I-
U
'"
rJ1
'"
I-
--:
;;-
Q2
=-
SMI
-----.-.-.-- ----.-------
y
- ----------.-
DV
------.----.----
Y
--- ----.---..-
SA
SA
y
----------
SA
SMI
COLLIER COtJNTY
_'L___~
y
j~~;'-~i&;.
-'>::.'1.";:;:: . ''':~<~ t.-,_,,,,<
SA SMI
-......_-----------
SA SMI
16012
Catholic Charities
'--'~'-----
Salvation Army _ ._______
Society of SI. Vin~e~t DePau~__
First Ba!,tist ChurchofN:a!'l"s_______
FUNDERS I ADVOCACY GROUPS
_.____.._n______ ____.____________.______~__
UnitedWay ofCollier_C_olll1ty______ C()LLIE~COUN~
l2"partment_ofChllciren and Famili~___ COLLIER COUNTY
AguaFund, Inc'----_ _ __ ___________
l'la~ional Alliance for the Mentally 11l _"_"__
Mental Health Association
.u..._ __~.__ _._
COmmunity Foundati()n of Collier County _____
BUSINESSES (BANKS, DEVELOPERS, BUSINESS
ASS()c.:I~IONS, ETC.) __ _ ___ __"_"
Best.c'fEye'l'!l1i11L__________ _ _ ____
Able Body Labor________ _______"
E-Claritl'. Inc-,-_
HOSPITALS I MEDICAL REPRESENTATIVES
--...-',--.-'.-
NAPLES COMMUNtTY HOSPITAL
________._ _._n_....___.___.__________ ________
NEIGHBORHOOD HEALTH CLINIC
,__ _......____,_....____..._n_.__._
HOMELESS PERSONS
- -------- ----------
M. Reyes-transitioned from shelter into market rate
"apartment and full tiIn-,,-e~oYl11elll.___
C. Alden- transitioned from shelter to permanent
housing
OTHER
----...-..-- -- .-------------------- ----- ---.-....-.-- ----------
*Subpopulations Key: Seriously Mentally III (SMI), Substance Abuse (SA), Veterans (VET),
HIVIAIDS (HIV), Domestic Violence (DV), and Youth (Y).
COLLIER COUNTY
COLLIER COUNTY
---._-.0..._..
COLLIER COUNTY
----.-.-----,-...---
COLLIER COUNTY
SA Y
--_._---~--_._---
Y
sA:;--- "----Y
------y----
....i~~;~lii~lii~if.
, ,
-- -----,- ----
.,
COLLIER COUNTY
COLLIER COUNTY
COLLIER COUNTY
SA
SMI
SMI
_YJ
SAI
----_._~
SA
-~
,
CoC-D
Collier County, Florida
2007 Continuum of Care Exhibit I
Form HUDA0090-1 4
16 D12
E: CoC Governing Structure Chart
HUD is considering establishing standards for the governing process and structure of Continuums of
Care. As part of this consideration, HUD is gathering information on existing governing structures
and processes in CoCs. Specifically, this chart asks for information about the primary decision-
making group that you identified in Chart C: CoC Groups and Meetings Chart. No requirements are in
place yet; however, the information that you enter will inform HUD's decisions about how to move
forward with standards in the future. Please note: a response to each question will earn full credit for
this chart.
I. Is the Coe's primary decision-making body a legally recognized organization (check one)?
[:8J Yes, a 501(c)(3)
0 Yes, a 501 (c)(4)
0 Yes, other - specify:
0 No, not legally recognized
2" If your CoC were provided with additional administrative funds from HUD, would the primary
decision-making body, or an agent designated by it (e"g. a city or non-profit organization), be able
to be responsible for activities such as applying for HUD funding and serving as the grantee,
providing project oversight, and monitoring? Explain.
The primary decision making entity, the Collier County Hunger & Homeless Coalition, [nc., would
have obstacles serving as the primary grantee, providing oversight and monitoring due to limited staff
(I FTE) and capacity to provide these functions adequately. However, the Coalition currently
contracts services for grant application, funding, oversight and monitoring with a designated Lead
Agency, Collier County Housing and Human Services which has capacity to provide the current and
expanded aforementioned services. The Lead Agency has provided the needed services for the past
several years, monitoring grants and functioning as the lead fiscal agent. [f additional funds became
available the Coalition and Collier County would coordinate on providing the required services.
3. What percentage of the decision-making body membership represents the private
sector, including non-profit providers, homeless or formerly homeless persons, 89 %
advocates and consumer interests, etc.?
4a. Indicate how the members of the primary decision-making body are selected
(check all that apply):
[:8J Elected 0 AssignedlV olunteer
0 Appointed 0 Other - specify:
Collier County, Florida
2007 Continuum of Care Exhibit I
Form HUD-40090-1 5
16 D12
4b. Briefly explain the selection process. (For example, if 5 members are appointed and 6 are
elected, explain why this process was established and describe how it works.)
All of the Board of Directors are elected to positions of Office and as members of the Board.
Individual stakeholders interested in becoming a Director must present a letter of intent, signed by the
President or CEO of the company or organization they represent, if applicable, at a Board Meeting.
Individuals representing themselves or their own business must submit a letter of intent. The Board
of Directors shall approve or disapprove the nomination by majority vote at the time of the meeting.
Directors may serve as Officers for up to three (3) one year terms with a majority vote from the Board
of Directors. Board of Directors, not in position of office, may serve an unlimited number of
consecutive terms if their participation levels are in compliance with attendance mandates of67% or
2/3rds of all board meetings. This process oflonger terms for office was modified and extended to
improve continuity, knowledge and skill of current Officers, and for overall orogress of the Coalition.
5. Indicate how the leaders of the primary decision-making body are selected
(check all that apply):
i:8J Elected
o Appointed
o AssignedlVolunteer
o Other - specify:
Collier County, Florida
2007 Continuum of Care Exhibit I
Form HUD-40090-1 6
16D12
F: CoC Project Review and Selection Chart
The CoC solicitation of projects and project selection should be conducted in a fair and impartial
manner" Please mark all appropriate boxes to indicate all of the methods and processes the CoC used
in the past year to assess project(s) performance, effectiveness, and quality, particularly with respect to
the Project Priorities Chart (CoC-Q). This applies to new and renewal projects. Check all that apply:
1. Open S()licitation --.--
a. Newspapers d. Outreach to Faith-Based Groups
b. Letters/Emails to CoC Membership e. Announcements at CoC Meetings
c. Responsive to Public Inquiries f. Announcements at Other Meetings
2. Ob.iective Ratinl!: Measures and Performance Assessment
a. CoC Rating & Review Committee Exists i. Assess Spending (fast or slow) [1
b. Review CoC Monitoring Findings k. Assess Cost Effectiveness 'lXr
c. Review HUD Monitoring Findings [1 1. Assess Provider Organization [1
Experience
d. Review Independent Audit [1 m. Assess Provider Organization [1
Capacitv
e. Review HUD APR for Performance [1 n. Evaluate Project Presentation [1
Results
f. Review Unexecuted Grants o. Review CoC Membership Involvement
g. Site Visit(s) X p. Review Match
h. Survey Clients [1 q. Review All Leveraging Letters (to [1
ensure that thev meet HUD reauirements)
i. Evaluate Proiect Readiness [1
i 3. Voting/Decision System
a. Unbiased Pane!l Review Committee [1 d. One Vote per Organization
b. Consumer Representative Has a Vote [Xl e. Consensus (general agreement)
c. All CoC Members Present Can Vote 0 f. Voting Members Abstain if Conflict of [1
Interest
G: CoC Written Complaints Chart
Were there any written complaints received by the CoC regarding any CoC matter [1 Yes
in the last 12 months? o No
If Yes, briefly describe the complaints and how they were resolved.
A tenant of Wolfe Apartments permanent supportive housing program filed a complaint with the
County and Miami HUD regarding non-renewal of lease without written cause/justification. The
Collier County Housing & Grants section initiated a review of the complaint and provided
information to Miami HUD. In addition, the tenant filed a housing discrimination compliant with
HUD which was investigated.
There have been no other complaints"
Collier County, Florida
2007 Continuum orCare Exhibit 1
Form HUD-40090-1 7
16 D12
Part II: CoC Housing and Service Needs
H: CoC Services Inventory Chart
Using the format below, list the provider organizations and identify the service components currently
being provided within your coe. Place the name of each provider organization only once in the first
column (add rows to the chart as needed), followed by an "X" in the appropriate column(s)
corresponding to the service( s) provided by the organization. CoCs will only need to update this chart
every other year; as such, the CoC may choose to provide the chart submitted in the 2006 application.
(2) (3)
Prevention Outreach
(1)
Su
(4)
ortive Services
I
I
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Department of Children and Families
Collier County Health DeptlWIC
----------------- -- -----
Collier County Dept. of Veterans Affairs
-----.--"- -._'-------
Collier County Housing & Human Services
----..--,,-"'. - -------
Legal Aid of Collier County
Collier County Housing Authority
I Collier County pubi;';-School;;;Homeless --
Liaison
1..-----..--..------
: Collier County SheriftlCommunity Policing
------.......---,,---.-,
Collier County Sheriffs Office/DV
Career and Service Center
x x
x
x
x x
x
x x
..---l----.
'x X I
__.l_l-___L_
! '
x I X I
-+-,-+--'
, x
~-----+---+--
x I
I
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x
x
x
x
i ---
. --1-
x
x
....1---
I
x
x
x
I
-----'-------r--
,
_______m__
-+--.-----,
x x
". __,,~.._______1__
, x
x x
x
American Red Cross
x
x x x x
-," ---~._-
x x x x
1..- ,
St. Matthews House-ES, TH, PH
x x x i
x x x!
"." ___ --------1-------
x x
David Lawrence Community Mental Health
----.--.. ..- .._~
Child Care of SW Florida
x
-----j---.
x x x X I
x
x x
x x
---:-,._----,--- ----+
Salvation Army
--------- ----- -~-----------------
Shelter for Abused Women and Children
x x: X
x x
x X
-----l----~__,_______,_
X X X X
x
x x x
----+------ ---
St. Vincent de Paul Society
-------------------------
Catholic Charities
x x
x
x x x
x x x
x x
lmmokalee Friendship House
x
x x x x
x
x
;______ 1-- _
IMMCAA
x x x
x x
x
Neighborhood Health Clinic
First Assembly of God/Campus of Care
--,_.._-- -------.---
Physician Lead Access Network (PLAN)
x
x x x x
x
x
x
x
-,------------- ----
,
x
_L_______
_ ____ _____L-
CoC-H
Collier County, Florida
2007 Continuum of Care Exhibit I
Form HUD-40090-1
8
16 D12
CoC Housing Inventory and Unmet Needs
I: CoC Housing Inventory Charts
This section includes three housing inventory charts-for emergency shelter, transitional housing, and
pennanent housing. Note that the information in these charts should reflect a point-in-time count. For
the Permanent Housing Inventory Chart, the beds listed under "new inventory" should indicate beds
that became available for occupancy for the first time between February 1, 2006 and January 31, 2007.
For complete instructions in filling out this section, see the Instructions section at the beginning of the
application.
Collier County, Florida
2007 Continuum orCare Exhibit I
Form HUD-40090-1 9
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16 D12
J: CoC Housing Inventory Data Sources and Methods Chart
Complete the following charts based on data collection methods and reporting for the Housing
Inventory Chart, including Unmet Need determination. The survey must be for a 24-hour point-in-
time (PIT) count during the last week of January 2007.
04/17/07 (mmldd/yyyy)
C8:l
C8:l
C8:l
C8:l
check all that a
forms
C8:l
o
,
'"
'The HUD Unmet Need Guide and Worksheet can be found by going to:
htto :/i www.hud.2:o\//oftices/adm/l!rants/fundsavail.cfm
Collier County, Florida
2007 Continuum of Care Exhibit 1
Form HUD-40090-l
13
16 D12
CoC Homeless Population and Sub populations
K: CoC Point-in-Time Homeless Population and Sub populations Chart
Indicate date oflast point-in-time count: (01/26/2007)
Part 1: Homeless Sheltered U nsheltere
Population EmergencV Transitional d Total
1. Number of Households
with Dependent Children: 9 21 2 32
1a. Total Number of
Persons in these
Households (adults and
children) 34 62 5 101
2. Number of Households
without Dependent
Children** 132 41 109 282
2a. Total Number of
Persons in these
Households 166 103 114 383
Total Persons
~. 200 165 I 119 484
...
Part 2: Homeless U nsheltere
Subpopulations Sheltered Total
d
below)
a. Chronically Homeless 0 50 50
b. Severely Mentally III 6 6 12
c. Chronic Substance
Abuse 29 12 41
d. Veterans 0 28 28
e. Persons with
HIV/AlDS 0 I I
f Victims of Domestic
Violence 0 * 0
g. Unaccompanied Youth
(Under 18) 0 * 0
, . '" r", ,);
'Optional for unsheltered homeless subpopulations
.. Includes single individuals, unaccompanied youth, and other adults (such as a married couple without children)
***For '''sheltered'' chronically homeless subpopulations, list persons in emergency shelter only.
Collier County, Florida
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
14
16012
L: CoC Homeless Population and Subpopulations Data Sources & Methods Chart-
Complete the [allowing charts based on the most recent point-in-time (PIT) count conducted.
L-l: Sheltered Homeless Po ulation and Sub 0 ulations
la) Check method s used to count sheltered homeless ersons in the CoC (check all that a I):
~ Surve - Providers count the total number of clients residing in their programs during the PIT count"
o HMIS - CoC used HMIS to com tete the PIT sheltered count and subpopulation information.
o Other - specify:
( 1 b) If multiple methods are checked, briefly describe how data collected using the methods
were combined to produce the count.
(2a) Check the method(s) used to gather the subpopulation information on sheltered homeless
ersons re orted in Part 2: Homeless Sub 0 ulations check all that a I :
~ Point-in-time (PIT) interviews with each adult and unaccompanied youth - All sheltered
adults and unaccom anied outh were interviewed to ather sub 0 ulation information.
Sample of PIT interviews plus extrapolation - A sample of sheltered adults and unaccompanied
o youth were interviewed to gather subpopulation information, and extrapolation techniques were applied to
roduce the total sheltered homeless 0 ulation.
o Non-HMIS client-level information - Providers used individual client records (e.g., case management
files) to rovide sub 0 ulation data for each adult and unaccom anied outh.
o Provider expertise - Providers estimated the percentage of clients belonging to each subpopulation
based on their know led e of their client 0 ulation as a whole.
o HMIS - CoC used HMIS to ather sub 0 ulation information on sheltered homeless ersons.
o Other -specify:
(2b) If multiple methods are checked, briefly describe how the methods were combined to
produce the subpopulation information.
(3 Indicate CoC's ste s to ensure data uali of the sheltered count (check all that a I):
~ Instructions - Provided written instructions to providers for completing the sheltered PIT count.
~ Trainin - Trained providers on completing the sheltered PIT count.
~ Remind and Follow-up - Reminded providers about the count and followed up with providers to
ensure the maximum ossible res onse rate and accurac .
o HMIS - Used HMIS to verify data collected from providers for the sheltered PIT count.
'-0 Other -specify:
4 How often will sheltered counts of sheltered homeless
o Biennial (ever two ears)
~ Annual
I 0 Semi-annual
o Other - s ecif :
5) Month and Year when next count of sheltered homeless ersons will occur: Januar 2008.
(C,) Indicate the percentage of providers providing populations and subpopulations data
collected via surve interview and/or HMIS:
100 % Emer enc shelter roviders
100 % Transitional housin roviders
*Please refer to 'A Guide to Counting Sheltered Homeless People' for more information on unsheltered enumeration
techniques.
Collier County, Florida
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
15
16D12
L-2: Unsheltered Homeless Po ulation and Sub 0 ulations*
I Check the CoC's method s) used to count unsheltered homeless ersons (check all that a I):
D Public laces count - CoC conducted a point-in-time (PIT) count without client interviews.
Public places count with interviews - CoC conducted a PIT count and interviewed unsheltered
C8J homeless persons encountered during the public places count:
C8J ALL ersons were interviewed OR D Sam Ie of ersons were interviewed
Public places count using probability sampling - High and low probabilities assigned to
D designated geographic areas based on the number of homeless people expected to be found in each
area. The CoC selected a statistically valid sample of each type of area to include in the point-in-time
count and extra olated results to estimate the entire homeless 0 ulation"
C8J Service-based count - Interviewed people using non-shelter services. such as soup kitchens and
dro -in centers, and counted those that self-identified as unsheltered homeless ersons"
D HMIS - Used HMIS for the count of un sheltered homeless people homeless people or for
sub 0 ulation information.
D Other - s ecif :
2) Indicate the level of covera e of the PIT count of unsheltered homeless eo Ie:
D Com lete covera e - The CoC counted every block of the jurisdiction.
C8J Known locations - The CoC counted in areas where unsheltered homeless people are known to
con re ate or live.
Combination - CoC combined complete coverage with known locations by conducting counts for
D every block in a portion of the iurisdiction (e.g" central city) AND conducting counts in other
ortions of the 'urisdiction where unsheltered ersons are known to live.
D Used service-based or robabili sam lin (covera e is not a licable)
D Other -s ecif :
3 Indicate communi artners involved in PIT unsheltered count (check all that a I):
C8J Outreach teams
C8J Law Enforcement
C8J Service Providers
C8J Communi volunteers
C8J Homeless and/or former! homeless ersons
C8J Other - s ecif : Faith Based Grou s
4 Indicate CoC's ste s to ensure data uali ofthe unsheltered count (check all that a I):
C8J Trainin - Conducted trainin (s) for PIT enumerators"
D HMIS - Used HMIS to check for du licate information.
D Other - s ecif :
5) How often will CoC conduct PIT counts of unsheltered homeless eo Ie in the future?
D Biennial ever two ears)
C8J Annual
D Semi-annual
D uarter!
D Other - s ecify:
(6) Month and Year when next PIT count of unsheltered homeless persons will occur:
Januar 2008.
*Please refer to' A Guide to Counting Unsheltered Homeless People' for more information on unsheltered enumeration
techniques.
Collier County, Florida
2007 Continuum of Care Exhibit I
Form HUD-40090-1
16
16D12
CoC Homeless Management Information System (HMIS)-
M: CoC HMIS Charts
CoCs should complete this section in conjunction with the lead agency responsible for the HMIS. All
information is to be as of the date of application submission.
M-l: HMIS LeadQIXa!lization Information_~_ _______
Organization Name: Collier County Hunger & Homeless ' Contact Person: Birgit Pauli-Haack
ICoaliti~_"_"_n_" __________ __"_____ __
Phone:239-2~3-9363....___---,:E'trlail:1Jjlhaack@iIl.cCC.org- .. .. .. ___
Qrganizati()n ~_ . State/local governmentO __Non;:pr()fit/hoI1Ieless provider~__ Othet:.D_____~
M-2: List HUD-deflJl<<:.d Co~ ~Jlme(s)llnd Number(s) for everv C(j(: in HMIS Im)!lementation:
HUD-Defined CoC Name* . CoC #FL-606
Na les/Collier Co un COC
M-3: HMIS Imlllementll~ion Statlls__ _ _____" ___"__
-' HMIS Data Entry Start Date for your CoC OR If no data entry date, indicate reason:
Anticipated Date Entry Start Date for your CoC ! 0 New CoC in 2007
09/2004 ! OStill in planninglsoftware selection process
-"----- " "------ OInitial implementation
Briefly describe significant challenges/barriers the CoC has experienced in:
I. HMIS implementation: Our first software vendor was unable to meet requirements; we changed vendors
in 2006 which interrupted our implementation.
2. HMIS Data and Technical Standards Final Notice requirements: PKI or IP checking was not possible
with old vendor; new vendor has a working solution. Software support for Data Collection Standards
(required fields, workflow system) implemented in 2006 with new vendor software; 2004 & 2005 have
_ mis~I1g data_because of1~_un..a.vailabilit}' of rel'orting and monitoring" tools. ""___~
M-4: CoC Client Records
..~_. .- ~.__.__.._.
Calendar Number of Client Records Entered in HMIS /
Year , Analytical Database (Duplicated) for CoC
2004 __J283 _____ __" ' 279
2005 . 727 704
----~_.-._-----
2006 : 482 450
Please provide a brief explanation of the reason(s) for any decreases in the number of records
(duplicated or unduplicated) from year to year.
Explanation:
2004--Data Entry began in September 2004, not a complete year.
2006--lnterruption of Data Entry due to changing software vendors in May 2006 for a period of
approximately 3 months.
-- ,.....-
Number of Unduplicated Clients Entered in
HMIS / Analytical Database for CoC
M-5: Data Collection/Completeness and Coverage
(a) Indicate the percentage of un duplicated client records with null or missing values on the date that the point-
in-time count was conducted.
Universal Data % Null/Missing Universal Data Element % Null/Missing
Element Values Values
Name % Gender 0%
Social Security Number 2% Veteran Status 0%
Collier County, Florida
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
17
16D12
Date of Birth 0% Disabling Condition 0%
Ethnicity 0% Residence Prior to Program Entry 0%
Race 0% Zip Code of Last Permanent Address 0%
Briefly describe how the CoC ensures that valid program entry and exit dates are being recorded in the
HMIS for persons served.
Monthly comparison reports between facility management module and HMIS Entry/Exit dates, spot
checks throul!hout the month.
ate achievin
y
y
OS/2008
07/2008
M-6: Training, Data Quality and Implementation of HMIS Data & Technical Standards
For each item listed below, place an "X" in the appropriate box to indicate your response: Yes (Y), No
(Ntor Planned/ln Progress (P). Check only one column per_item.
I
-------"--ry ! N lPl
I I I
: 1. Trainin Provided:
Basic computer training "-"------ .-----.-----"-"---- 'xl_.....;
HMIS software training x' I '
'---+_-:
.----,,"ivacy / Ethics training "_.________. I X -+-___
, Security Training x
System Administrator training x :
'2. CoC Process/Role: I
,~the CoC able to aggregate all data to a central location at least ~nnually? I x ......;.....j
p<:>es the CoC monitor compliance with HMIS Data & Technical Standards Final Notice? ! x I i ~
! 3. Security-Participating agencies have: I
Unique usemame and password access? x I ' I
Secure location? x !t--""i
Locking screen savers? I X L-.l..-J
Virus protection with auto update? ! x IH I ;,
, Individual or network firewalls? _ ~~
~ Restrictions on access to HMIS via public forums (e.g" PKI digital certificates or IP filtering)? --t~-- I ------j
,4. Security-Agency'!esponsible for centralized HMIS data collection and storage has:_ ..---J
!~rocedtlres for off-site storage of HMIS.<Iata? ______ ---..L-~_I"":""_..---:
! Disaster recovery plan that has been tested? ____LL~
5. Privacy Requirements:
--I{yo~r state has additional confidenti~lity provisions, have they-been implemented?----.---. -'1---;--
[8J Check here if there are no ad.<litional state confidentiaE!Y.Jl!Ovisions. _____"___"___~! i
Is there a "Purpose for data ~ollection" si_~ at each intake desk for all participating agencies? x
Has each participating agency adopted a written privacy policy, including the uses and
disclosures of client information?
IX
Collier County, Florida
2007 Continuum oCCare Exhibit I
Form HUD-40090-1
18
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16D12
0: CoC Discharge Planning Policy Chart-
For each category of publicly funded institution or system of care in your CoC, check a box to indicate
the level of development of a discharge planning policy. Check onlv one box per category. Use the
space provided to describe the discharge planning policy for each category, or the status of
development. For detailed instructions for filling out this section, see the Instructions section.
Publicly Funded
Institution(s) or
System(s) of Care in :
CoC Geographic .
Area
Foster Care
~--_.~----_.~--
Health Care
-.-....--..----
l\1ental H"ealth __",
Corrections
None
Initial
Discussion
Protocol in
Development
Formal
Protocol
Finalized
Formal
Protocol
Implemented
I
Foster Care: The protocol has been developed for Foster Care through the use of Technical Assistance
which was secured through a grant provided by the State of Florida Office on Homelessness. Technical
Assistance was provided in early 2007. On March 8, 2007 a fully revised discharge plan was provided to
the Collier County Homeless Coalition, Inc. for finalization and full implementation. Note that Collier
County did have a Discharge Plan in place in 2006. However, technical assistance was secured through
the State to provide the CoC with an improved and more thorough Discharge Plan and process.
Currently, Foster Care providers are being identified with the anticipation offull implementation and
adoption of the protocol no later than spring 2008 or upon the next submission of a CoC application.
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Protocol as follows:
The Foster Care Discharge Planning Process includes the following components:
1. All youth will receive an Individual Needs Assessment prior to transition to include his/her
medical, employment, housing, and family or support network.
2. The Social Worker will coordinate Pre-Release Skill Training to overcome needs or ,
problems identified for the individual including topics such as goal setting, control of
one's emotions, pre-employment skills, money management, and educational attainment.
3. The Social Worker will coordinate Pre-Release Qualification for Benefits possessed at the.
time of entrance to care or for which the person qualifies, to include, as appropriate,
restoration of civil rights, identification and supporting documentation, and mainstream
human services programs such as food stamps, SSL Medicaid, and welfare cash assistance"
4. A written Discharge Plan will be developed and reviewed with the individual prior to the
scheduled transition date.
S" Each plan will iterate appropriate referrals to community based providers for transition
services to assure the individual has appointments or action plan to obtain and continue
follow up services, treatment, and care without interruption"
6. At Discharge, provision of essential resources to include such items as medications,
medical supplies, clothing, transportation or other basic resources needed and in quantity
to enable the individual to transition into the community are provided.
7. At Discharge, a notice to the planned housing provider will be sent to confirm that the
youth to be released is expected to arrive and occupy the available housing.
8. The Social Worker will provide post-release monitoring and evaluation to track whether
the individual was able to transition into the community, remain self~sufficient, and avoid
becoming homeless.
"2-..._~-"mposition _o,f the discll"rg.<'glaI1I1in&.!<'.all1. ~Jlexib!e_"llcl.ll1"y"in"l~",---tlteitldi\lidual,
Collier County. Florida
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
23
16012
family members, community case manager, institutional representative, community.
resource specialist, mental health and substance abuse specialists, housing specialist,
entitlement/income specialist, criminal justice system representative, health care system
representative, pay-or representative, policy maker, advocate, peer supporter.
10. The designated team leader (community case manager) is responsible for following up
with the individual to ensure the implementation of the discharge plan, including ongoing
assessment, identification of team members, and coordination.
11. Team members will utilize a well-designed information system to link thc community and,
institution that track procedures, feature safeguards and consent agreements"
-Helltih-Care: The-protocol has been developed for HealtilCare through the use of Technical Assistance-T
grant from the State Office on Homelessness. See summary in Foster Care. '
Protocol as follows:
The Health Care Discharge Planning Process includes the following components:
12. All patients will receive an Individual Needs Assessment at admission to include the
person's medical. employment, housing, and family or support network.
13. Case Managers will coordinate Pre-Release Skill Training to overcome needs or problems
identified for the individual including topics such as goal setting, control of one's
emotions, pre-employment skills, money management, and educational attainment.
14" Case Managers will coordinate Pre-Release Qualification for Benefits possessed at the
time of entrance to care or for which the person qualifies, to include restoration of civil
rights, identification and supporting documentation, and mainstream human services
programs such as food stamps, SSI, Medicaid, and welfare cash assistance.
15. A written Discharge Plan will be developed and reviewed with the individual prior to the
scheduled release date.
16. Each plan will iterate appropriate referrals to community based providers for post-release
services to assure the individual has appointments or action plan to obtain and continue
follow up services, treatment, and care without interruption.
17. At Discharge, provision of essential resources to include such items as medications,
medical supplies, clothing, transportation or other basic resources needed and in quantity
to enable the individual to transition back to the community are provided"
18. At Discharge, a notice to the planned housing provider will be sent to confirm that the!
person to be released is expected to arrive and occupy the available housing.
19. The Case Manager will provide post-release monitoring and evaluation to track whether
the individual was able to transition into the community, remain self-sufficient, and avoid
becoming homeless.
20" Composition of the discharge planning team is flexible and may include: the individual,
family members, community case manager, institutional representative, community
resource specialist, mental health and substance abuse specialists, housing specialist,
entitlement/income specialist, criminal justice system representative, health care system
representative, pay-or representative, policy maker, advocate, peer supporter.
21. The designated team leader (community case manager) is responsible for following up
with the individual to ensure the implementation of the discharge plan, including ongoing'
assessment, identification of team members, and coordination"
22. Team members will utilize a well-designed information system to link the community and
institution that track procedures, feature safeguards and consent agreements.
------------- -~-- --------------- - --...---------------------------
Mental Health: The protocol has heen developed for Mental Health through the use of Technical
Assistance which was secured through a T A grant provided hy the Office on Homelessness. (See
summa_rr..ahove). Currently, thel\1,t',ntl!1 Health provider has been identified and provided the
Collier County. Florida
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
24
16D12
.--------..-- -----------
document or protocol and has accepted the discharge plan with the anticipation of full implementation
and adoption of the protocol by the end of 2007.
Mental Health protocol as follows:
The Mental Health Discharge Planning Process includes the following components:
23. All consumers will receive an Individual Needs Assessment at admission to include the
person's medical, employment, housing, and family or support network. '
24. Clinicians will coordinate Pre-Release Skill Training to overcome needs or problems!
identified for the individual including topics such as goal setting, control of one's
emotions, pre-employment skills, money management, and educational attairunenl.
25. Clinicians will coordinate Pre-Release Qualification for Benefits possessed at the time of '
entrance to care or for which the person qualifies, to include restoration of civil rights, ,
identification and supporting documentation, and mainstream human services programs
such as food stamps, SSI, Medicaid, and welfare cash assistance.
26. A written Discharge Plan will be developed and reviewed with the individual prior to the
scheduled release date.
27. Each plan will iterate appropriate referrals to community based providers for post-release
services to assure the individual has appointments or action plan to obtain and continue
follow up services, treatment, and care without interruption"
28. At Discharge, provision of essential resources to include such items as medications,
medical supplies, clothing, transportation or other basic resources needed and in quantity
to enable the individual to transition back to the community are provided.
29. At Discharge, a notice to the planned housing provider will be sent to confirm that the
person to be released is expected to arrive and occupy the available housing.
30. The Clinician will provide post-release monitoring and evaluation to track whether the
individual was able to transition into the community, remain self-sufficient, and avoid
becoming homeless.
31. Composition of the discharge planning team is flexible and may include: the individual,
family members, community case manager, institutional representative, community
resource specialist, mental health and substance abuse specialists, housing specialist,
entitlement/income specialist, criminal justice system representative, health care system
representative, pay-or representative, policy maker, advocate, peer supporter.
32. The designated team leader (community case manager) is responsible for following up
with the individual to ensure the implementation of the discharge plan, including ongoing
assessment, identification of team members, and coordination.
33. Team members will utilize a well-designed information system to link the community and
institution that track procedures, feature safeguards and consent agreements.
Corrections:" The protocol has been developed for Corrections through the use of Technical Assistance
which was secured through a T A grant provided by the Office on Homelessness. (See preceding
summary) The Corrections provider has been in communication with the CoC and is receptive of the
protocol and has accepted the discharge plan with the anticipation of full implementation and adoption
of the protocol by the end of 2007,
Protocol as follows:
The Corrections Discharge Planning Process includes the following components:
I. All irunates will receive an Individual Needs Assessment at booking to include the
person's medical, employment, housing, and family or support network.
2. As appropriate, and as time allows, Discharge Planners will coordinate Pre-Release Skill ,
Training to overcome needs or problems identified for the individual including topics '
such as goal setting, control of one's emotions, pre.employment skills, money
management, and educational allairunenl.
. ____..__". _}-,--_As aPJ:lf.oI'riale, and."s..tiIl1e_."llows,_Discharge Planners_",ilI
Collier County, Florida 2007 Continuum of Care Exhibit 1
coordinate Pre-Release
...- -------------..--
Form HUD-40090-1
25
16 D12
Qualification for Benefits possessed at the time of entrance to care or for which the
person qualifies, to include restoration of civil rights, identification and supporting
documentation, and mainstream human services programs such as food stamps, SSI,
Medicaid, and welfare cash assistance"
4. A written Discharge Plan will be developed and reviewed with the individual prior to the
scheduled release date.
5. Each plan will iterate appropriate referrals to community based providers for post-release
services to assure the individual has appointments or action plan to obtain and continue
follow up services, treatment, and care without interruption.
6. At Discharge, provision of essential resources to include such items as medications,
medical supplies, clothing, transportation or other basic resources needed and in quantity :
to enable the individual to transition back to the community are provided.
7. At Discharge, a notice to the planned housing provider will be sent to confirm that the
person to be released is expected to arrive and occupy the available housing.
8. The Discharge Planner will provide post-release monitoring and evaluation to track
whether the individual was able to transition into the community, remain self-sufficient,
and avoid becoming homeless.
9. Composition of the discharge planning team is flexible and may include: the individual,
family members, community case manager, institutional representative, community
resource specialist, mental health and substance abuse specialists, housing specialist, !
entitlementlincome specialist, criminal justice system representative, health care system
representative, pay-or representative, policy maker, advocate, peer supporter.
10" The designated team leader (community case manager) is responsible for following up ,
with the individual to ensure the implementation of the discharge plan, including ongoing
assessment, identification of team members, and coordination.
11. Team members will utilize a well-designed information system to link the community and.
institution that track procedures, feature safeguards and consent agreements.
'Please note that "corrections" category refers to local jails and state or federal prisons.
Collier County, Florida
2007 Continuum of Care Exhibit I
Form HUD-40090-1
26
16012
P: CoC Coordination Chart
A CoC should regularly assess the local homeless system and identify shortcomings and unmet needs.
One of the keys to improving a CoC is to use long-term strategic planning to establish specific goals
and then implement short-term/medium-term action steps. Because of the complexity of the existing
homeless system and the need to coordinate multiple funding sources, there are often multiple long-
term strategic planning groups. It is imperative for CoCs to coordinate, as appropriate, with each of
these existing strategic planning groups to meet the local CoC shortcomings and unmet needs.
Answer each question in the checkbox provided, using an X to indicate Yes or No for each.
LConsolidated Plan Coordination' ins Nol
a. Do Con Plan planners, authors and other Con Plan stakeholders participate in CoC . ~ d
general planning meetings? I I
b. Do CoC members participate in Con Plan planning meetings, focus groups, or public 1 L8J 011
forums?
----.~-
· c. Were CoC strategic plan goals addressing homelessness and chronic homelessness used I
in the develo ment of the Con Plan? ~I 01
2. JurisdictionallO-year Plan Coordination i
I a. Is there one or more formaljurisdictionallO-year Plan(s) being developed and/or being I I I'
I implemented within your CoC geography that are separate from the CoC IO-year plan? ,O! L8J,
I {[fNo, you may skip to Question 3a.) ____"____"___.~_, I
~ Do I O-year Plan conveners, authors and other stakeholders participate in CoC general : Oi 0 i
L plannmg meetmgs?________ _ _ _ "" __ _ "____ __ _____ _ L-__-'-_~
I c. Have 10-year Plan participants taken steps to align their planning process with the local . 01 0:
~~ j~
~ d. Were C()C strategic plaI!..B9_~s usedJn the development of the lO-year PlanLs27__~"__"_.:.UI U!
e. Provide the number of jurisdictions within your CoC geography that have formally I
implementedal0-yearplan(s).____ I I
3. Public Housing Agency Coordination . .. .
a. Do CoC members meet with CoC area.p.HAs to impro~e coordination with and access to ~ ~rg
mainstream housing resources? ___" "___"~______________ I J6I
Collier County, Florida
2007 Continuum of Care Exhibit I
Form HUD-40090-1
27
16D12
CoC 2007 Funding Priorities
Q: CoC Project Priorities Chart
Column (1): New this year, check the box in this column if the first project listed is a proposed Samaritan bonus
project. Column (5): The requested project amount must not exceed the amount entered in the project summary
budget in Exhibit 2. If the project summary budget exceeds the amount shown on this priorities list, the proiect
bud!!et will be reduced to the amount shown on the CoC Project Priorities Chart. Column (7): Place the
component type under the appropriate program for each project in column 7. Acceptable entries include PH, TH,
SH-PH, SH-TH, SRO, SSO, HMIS, TRA, SRA, PRA, or PRAR. Do not simply enter an "X" in the box provided.
Column (9): For the Shelter Plus Care Renewals priority number, please continue project numbering from the top
portion of the chart - please do not restart S+C project priority numbering from 1"
I
COC#:
HUD-defined CoC Name:*
~.. xample: ABC
on rofit
Example: XYZ
Coun
1 ,shelter for
:Transitional
1[81.. SAWCC, Inc. Abused Women & I $339,000
Housing Renewal
iCHollierl COcHUnlger &~~~~~~~~u~ger .. i,HMI;~~:wa:- I ; 1 -;;~~~~~I 1 I HMIS
j orne ess 03 IUan Coaltion '
-~+.------ --t=--=----m--ft+ r--:--n-T1.
I i ~-----+-- I.
I ~ I.. I.
. t=:--- '6, J=:
(8) Subtotal: Requested A~o,unt for. CoC ! $443 645
Competitive ProJects: '
1(9) Shelter Plus Care Renewals: ""__"""__
C Nonprofit Annie's House
JAY Nonproti;--t:rce's Place
$451,026
3
SHP
(1) (2)
SF-424 i
Applicant Name I'project Sponsor!
Name i
(Please Remove
Examples)
(3)
(4) (5)
I
C Requested
';:: I Project
<=
';:: Amount
=-
(6)
Project
Name
e
..
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$80,000
5
TRA
3
TH
1 S+C Component Type
7,
--~--- I 8 I
(10) ~ubtot: Requested Amoun~4 $0
S+C Renewal Projects: .
(11) Total CoC Requested Amount '$443,645
(line 8 + line 10):
*HUD-defined cae names & numbers are available at: httO:/iWWw.hud.gov/oftices/adm/lZrants,fundsavail.cfm.
..Check this box if this is a #1 priority Samaritan bonus project.
'----
i Ij_
CoC-Q
Collier County, Florida
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
28
16 D12
R: CoC Pro Rata Need (PRN) Reallocation Chart
(Only for Eligible Hold Harmless CoCs)
CoCs that receive the I-year Hold Harmless PRN amount may reduce or eliminate one or more of the
SHP grants eligible for renewal in the 2007 CoC competition. CoCs may reallocate the funds made
available through this process to create new permanent housing project(s). These reallocation
project(s) may be for SHP (1,2, or 3 years), S+C (5 years), and Section 8 SRO (10 years) projects and
their respective eligible activities.
*Reallocation projects WILL be funded if all of the following apply:
1. Reallocation project is for permanent supportive housing (SHP-PH, SHP-Safe Haven PH, S+C,
Section 8 SRO).
2. Reallocation project is not rejected by HUD (meets all "threshold" requirements)
3. CoC scores at least 65 points in the CoC competition.
4. Reallocation project is not the Samaritan bonus project.
Reallocation projects may have a I-year grant term when they are SHP-PH or SHP-Safe Haven
PH projects.
NOTE: Reallocated funds placed in the Samaritan bonus project will lose their reallocation status.
Therefore, if the CoC scores below the funding line, the CoC will lose the reallocated funds included
in the Samaritan bonus project.
la. Will your CoC be using the PRN reallocation process? DYes C::<:l No
lb. If Yes, explain the open decision making process the CoC used to reduce and/or eliminate
ro'ects (use no more than one-half a e).
'12. Enter the total I-year amount of all SHP projects that are eligible for . Example: $
renewal.in 2007, which amount you have verifie~ with your field office: i $530,000 i
. 3. Startmg WIth the total entered above for questIOn 2, subtract the Example: $
amount your CoC proposes to use for new permanent housing project, $390,000
and enter the remaining amount:
In this exam Ie, the amount ro osed for new PH ro 'eet is $140,000)
4. Enter the Reduced or Eliminated Grant s in the 2007 Com etition
(1) I (2) I (3) I (4) I (5)
Expiring Grants ' Program IComponent Annual Renewal Reduced
Code, I Amount ,Amount
SHP i TH : $100.000 , $60,000
~---~.I-'----"'-----'+---- 1--
SHP . SSG '$80,000 $80,000
(6)
; Retained Amount I
i from Existin Grant
$40.000 I
----~-----,...._---------j
$0 .
: Ex: MAOlB3000021
____ I
'Ex:MAOlB4000031
, (7) TOTAL: i I
, 5. Newly Proposed Permanent Housing Projects in the 2007 Competition*
! (8) I (9) I (10)' (11)
! 2007 Pro'ect Priori Number Pro ram Code I Com onent I Transferred Amounts
i~~;;;~~~-:~ 2- -~."-~r~'--'I~'-fZ---~-r- m -~~~~~~~ - ..."".-.
1 .-"--. ! i
(12) TOTAL: I
'No project listed here can be a #1 priority Samaritan Bonus project
Collier County, Florida 2007 Continuum of Care Exhibit I
~
______._~~,~--.J
Form HUD.40090-1
29
16 D12
S: CoC Project Leveraging Summary Chart READ INSTRUCTIONS-
HUD homeless program funding is limited and can provide only a portion of the resources needed to
successfully address the needs of homeless families and individuals. HUD encourages applicants to
use supplemental resources, including State and local appropriated funds, to address homeless needs.
Enter the name of your Continuum and list the total amount of leveraged resources available. To get
this number, find the total at the bottom of the Project Leveraging Chart for all Exhibit 2 project
applications, add up all of these the totals, and enter this single number in the chart below. Complete
only one chart for the entire CoC (do not add any rows). Provide information only for contributions
for which you have a written commitment in hand at the time of application.
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal andlor
civil penalties (18 U.S.c. 1001,1010,1012; 31 U.S.C. 3729, 3802)
Name of Continuum
Total Value of Written
Commitment
$851,236.00
----,
Naples/Collier County COC
T: CoC Current Funding and Renewal Projections Chart
Congress has asked HUD to provide estimates of expected renewal amounts over the next five years.
Please complete the chart below to help HUD arrive at the most accurate estimate possible. For
further instructions in filling out this chart, see the Instructions section.
Collier County, Florida
2007 Continuum of Care Exhibit I
Form HUD-40090-1
30
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16D12
Part IV: CoC Performance
U: CoC Achievements Chart
For the five HUD national objectives in the 2006 CoC application, enter the 12-month measurable
achievements that you provided in Exhibit 1, Chart N of the 2006 CoC application. Under
"Accomplishments," enter the numeric achievement that your CoC attained within the past 12 months that is
directly related to the measurable achievement proposed in 2006. Below, if your CoC did not meet one or more
of your proposed achievements, please describe the reasons for this.
(Enter the numeric achievement
attained durin~ past 12 months)
, 1. Secure additional beds through new . I. 9 out of 16 existing PH beds
, construction at First Assembly Ministries; , are currently occupied by the
Pursue collaborative applications to provide S+C' Chronic Homeless as of
beds and/or housing (CCHA) ! January 2007.
'2. Application made to increase
housing during 2006-2007
cycle. No funding
awarded/No new PH beds
added in 2006.
m_______ _______ _____ J. HMIS expanded
1. Increase PH beds from current 38 to 100 during ,---"-- .. ""-,
phase of 10 year plan or 163% increase '1. 100% or 21 homeless persons
2. Secure beds through new construction, stayed in PH over 6 months. i
rehabilitation or expansion and/or increase 2. No new beds created.
number ofTBRA vouchers (serving 20 families 3" TBRA program expanded
per year/current funding $350,000). with HOME and local funds
3. Track percentages through APR reports and
HMIS data extraction
- --.--.... .---.- .--------.-
fl. Track percentages though APR reports and I. 71 % or 27 homeless persons
3. Increase percentage 0 . , cd fr "
'h I . HMIS data extractIon .' mov om TH to PH In past
, orne ess persons movmg , b f h .
fi TH t PH t 10%2. Increase num er 0 TBRA vouc ers (servmg 20, year
i;;~ear 0 0 0 families per year/current funding $350,000). 2. TBRA program serves 28
. households
2006 Objectives to
End Chronic
Homelessness and
Move Families and
Individuals to
Permanent Housing
1. Create new PH beds
'for chronically
'homeless persons.
2. Increase percentage of
homeless persons staying
in PH in next 12 months
by 5%.
4. Increase percentage of
homeless persons
becoming employed by
11%.
5. Ensure that the CoC
has a functional HMIS
system.
Collier County, Florida
12-month Measurable
Achievement Proposed in 2006
Accomplishments
(from Chart N of your 2006 CoC application)
2. Track data through APR reports and HMIS
data extraction
1. IdentifY baseline of employed in FY 2006 and
monitor increases on an allliual basis.
2. Track percentages though APR reports and
HM1S data extraction
..-... ------.---------- -------------------------..---.
1. Continue entering data by HMIS participating 1. All six (6) agencies are entering
agencies (6 Total): Child Care ofSW Fl.; data.
Collier County Human Services Department; 2. A new vendor was secured in
David Lawrence Center; Immokalee Friendship April 2006, 2 months in advance
House; St. Matthew's House; Catholic of goal of 6/2006
Charities) 3. Physician Lead Access Network
2. Se(;ljre ne~_\,en_d()l'/Client Track" Netl>y__ ___(I'LAj\lLsigned a,,-agr~e~ent on_
1. 95% or 38 homeless persons
sheltered became employed in
past year
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
32
16012
Feb. 2007; Immokalee Non-Profit
Housing and Youth Haven have
3. Expand from current 6 HMIS participants to 16. also signed a USER Agreement in
active users in the next 10 years May 2007 becoming active
partners in HMIS. As of May
2007 have 9 active users
organizations with 8 agencies
established as baseline goal for
2007.
--.--."----. ~_._-------_..._-----_._._._-
Briefly explain the reasons for not meeting one or more of your proposed measurable
achievements.
All objectives met or on track except for the creation of new Permanent Housing beds" Funding was
not available to add new beds. Nine beds at Wolfe Apartment are occupied by chronic homeless.
Efforts will continue to create new PH and TH beds.
,______._..,.,_.___._~.___m___.______. ____n ____________ ___ ___________________
OPTIONAL: If desired, you may use this space to describe your CoC's most significant
accomplishments over the past 12 months.
Our community's HMIS system overcame many obstacles primarily attributed to an ineffective
vendor and software product which caused negative participation levels, difficulty marketing the
system to potential new users, and significant delays with entering data and extracting useful statistics
from the system. However, the HMIS administrator assisted our community in overcoming many of
these obstacles which has led to a productive, effective and marketable project. Some of the major
accomplishments are listed below:
On 6/26/06: New vendor, ClientTrack.net through Data Systems International, was secured to
improve network capabilities, systems improvements and solicitation and securing additional agencies
to become active participants in the HMIS system. New vendor and system was obtained due to
setbacks, inefficiencies, incapability's with original vendor.
On 7/3/06: The Coalition members went live on new DSI ClientTrack.net HMIS software
September 18-19,2006 National HMIS Conference
Birgit Pauli-Haack, Project Management & System Administrator was asked to co-present a
conference session entitled: "Changing HMIS Software - What Do I Need to Know? When is the
Right Time? What are the Cost Implications?"
September 18-19,2006 National HMIS Conference
Local HMIS system known as INCCC (Information Network for the Community of Collier
County) was one ofthree recipients of the 2006 HMIS Breakthrough Year Award. INCCC
(HMIS) was recognized by HUD for having overcome significant implementation barriers after
ongoing challenges with deployment at the local level.
March 2007: Physician Led Access Network (PLAN) became an active member of the HMIS
program in Collier County, bringing the total of active participants to seven (7).
May 2007: Immokalee Non-Profit Housing and Youth Haven became an active partners in HMIS,
bringing the total participating organizations to nine (9).
6/2006
Collier County, Florida
2007 Continuum of Care Exhibit 1
Farm HUD-40090-1
33
16D12
V: CoC Chronic Homeless (CH) Progress Chart
The data in this chart should come from point-in-time counts also used for Chart K: Populations and
Subpopulations Chart and Chart I: Housing Inventory Chart. For further instructions in filling out this
chart, please see the Instructions section.
1. Enter the total number of chronically homeless persons in your CoC and the total number of
permanent housing beds designated for the chronically homeless in your CoC for each year.
Year Number of CH Persons Number of PH beds for the CH
2005 44 0
2006 73 0
2007 52 9
Briefly describe the reason(s) for any increases in the total number of chronically homeless
persons between 2006 and 2007: Based on the January 2007 point in time count, there was a
decrease of28.7%
2. Indicate the number of new PH beds in place and made available for occupancy 9
for the chronically homeless between February I, 2006 and January 31, 2007:
3. Identify the amount of funds from each funding source for the development and operations costs of'
the new CH beds created between February 1,2006 and January 31,2007.
Public/Government
Cost Type
HUD
McKinney-
Vento
Other
Federal
Private
State
Local
: Development $ $ $
1-- --r----------------i--------------------!--------
i Operations $ $ $
,---"-- ..- -~.- ---..---------
TOTAL $ . $ $
I
$ 1$
---_._---.._."-~-------_.-
$ $
--------_.---. - ---~...._-"
1$ $
Collier County, Florida
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
34
16 D12
W: CoC Housing Performance Chart
The following chart will assess your CoC's progress in reducing homelessness by helping clients
move to and stabilize in permanent housing, access mainstream services and gain employment. Both
housing and supportive services projects in your CoC will be examined" Provide information from the
most recently submitted APR for the appropriate RENEWAL project(s) on your CoC Project Priorities
Chart. Note: If you are not submitting any renewals in this year's competition for the applicable areas
presented below, check the appropriate "No applicable renewals" box in the chart.
8
~
75%
Collier County, Florida
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
35
16012
X: Mainstream Programs and Employment Project Performance Chart
HUD will be assessing the percentage of clients in all your renewal projects who gained access to
mainstream services, especially those who gained employment. This includes all S+C renewals and
all SHP renewals, excluding HMIS projects. Complete the following charts based on responses to
APR Question 11 for each of the renewal projects included on your CoC Priority Chart. For further
instructions for filling out this section, see the Instructions section at the beginning of the application.
0 No applicable renewal projects for the Mainstream Programs and Employment Chart are included in the
CoC Priorities Chart.
0 All renewal projects on the CoC Priorities Chart that are not exempted from reporting in the APR are
included in calculating the responses below.
-~--------_._---- ,------..--
(1) : (2) (3) (4)
Number of Adults Income Source Number of Exiting Percent with
Who Left (Use same Adults with Each Income at Exit
number in each cell) Source of Income (CoI3+Col I x 100)
_Exanrple: ~__ _a. SSI _ . ~________4Q________.~_ _.....l!L1% _
Example: 105 b. ssm 35 33.3%
8 a. SSI 0 0
-----..-------------.----- ----------..-------
8 b. ssm 0 0
----_._._--,~ - --.
---------
8 . ._.__ c. Social SecurilL_________ ___Q____._____ .____ 0
8 d. General Public Assistance 0 0
----------- - ----'--- -------
8____._ .0:... TANF_________________L_______ 12.5% __n_
8 f. SCHIP 0 0
__......_...___._.._n__ ______ _______________" __..n_.__________________
___ L____.JLy-"tenlni;Benefiti;_ 0 ____________...2___
8 ___..J1. Employment Income 7 m_!Z:5~_n__
--~8--' ..__.LUneITIJlloyment Benefits .-0------,- 0_._ ___.._~
~__..__ 8__...l...Y~terans Health Car~ _______~O 0
8 k. Medicaid 2 25%
===~_... 8~==_...lJ'()o~ Stamps-====r--=====:1=--=--==:'=__Xl,5%:=---
8 m. Other (please specifY) WIC i ______3........________. 3Z.5'Jio_ ..
8 n. No Financial Resources 1 12.5%
Collier County, Florida
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
36
16012
Y: Enrollment and Participation in Mainstream Programs Chart
It is fundamental that your CoC svstematicallv helps homeless persons identify, apply for and follow-
up to receive benefits under SSI, ssm, TANF, Medicaid, Food Stamps, SCHIP, W1A, and Veterans
Health Care as well as any other State or Local program that may be applicable. Which policies are
currently in place in your CoC to help clients secure these mainstream benefits for which they are
eligible?
1 Check those activities implemented by a majti'~ity ofy~iir C~C's homeless assistance providers
I
I (check all that apply):
I 0 I A majority of homeless assistance providers have case managers systematically assist clients in
I com letin a lications for mainstream benefit programs. ~. .
I 0 The CoC systematically analyzes its projects' APRs to assess and improve access to
maInstream ro ams.
-,-_.._._---------~~----~-----
t8J The CoC has an active planning committee that meets at least three times a year to improve
CoC-wide participation in ~ains!!:e~mJlro!2:.'!ms.____.n.___
o A majority of homeless assistance providers use a single application form for four or more of
. the above mainstr~.am programs. .~
o The CoC systematically provides outreach and intake staff specific, ongoing training on how to
identifLeligibility and program changes for mainstream progra!l1~c...._
o The CoC or any of its projects has specialized staff whose primary responsibility is to identify,
~_ enroll, and follow-up~it.h~h!:llTlele.s.s.Jl.e!s()n~onparti(;!Q'ltio[l in mainstream prog~alTl~.
t8J A majority of homeless assistance providers supply transportation assistance to clients to attend
mainstream benefit appointments, employment training, or jobs.
o A majority of homeless assistance providers have staff systematically'foli~~-up to ensure thatl
mains!ream J:lenefits are received. _______ _~
t8J The CoC coordinates with the State Interagency Council(s) on Homelessness to reduce or I
. rel110ve bamers to acceSSIng maInstream servtces. ,,__._._
z: Unexecuted Grants Awarded Prior to the 2006.<=oC Competition Chart...____
I' Provide a list of all HUD McKinney-Vento Act awards made prior to the 2005 competition that are
not et under contract i.e., si ed ant a reement or executed ACC).
Pro'ectNumber A licantName Pro'ectName Grant Amount
Exam Ie: MI23B901002 Michiana Homes, Inc. TH for Homeless $514,000
,-NOT~PPLlCABLE
1____.
---'---
Total:
Collier County. Florfda
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
37
16D12
~A: CoC Participation in Enerln' Star Chart
I HUD promotes energy-efficient housing. All McKinney-Vento funded projects are encouraged to
promote energy efficiency, and are specifically encouraged to purchase and use Energy Star labeled
products. For information on the Energy Star initiative go to: http://www.energystar.gov.
I Have you notified CoC members of the Energy S~~r initiative? ~Yes 0 No
! Percentage ofCoC projects on CoC Priority Chart using Energy Star appliances:
L...:..-'- . ._~_._.__.___ ._._.
100 %
=J
S
3E
I
P r Ch
AB: ectton mp oyment o ICY art
YES NO
1. Is any project in your CoC requesting HUD funds for housing rehabilitation or 0 ~
new construction?
2. If you answered yes to Question 1: 0 0
Is the project requesting $200,000 or more?
3. If you answered yes to Question 2:
What activities will the project undertake to ensure that employment and other economic
opportunities are directed to low- and very low-income persons, per the Housing and Urban
Development Act of 1968 (known as "Section 3")? Check all that apply:
o The project will have a preference policy for hiring low- and very low-income persons
residing in the service area or neighborhood where the project is located, and for hiring
Y outhbuild participants/graduates.
o The project will advertise at social service agencies, employment and training centers,
community centers, or other organizations that have frequent contact with low- and very low-
income individuals, as well as local newspapers, shopping centers, radio, etc.
o The project will notify any area Youthbuild programs of job opportunities.
o If the project will be awarding competitive contracts of more than $100,000, it will
establish a preference policy for "Section 3 business concerns"* that provide economic
opportunities and will include the "Section 3 clause"** in all solicitations and contracts.
o The project has hired low- or very low-income persons.
*A "Section 3 business concern" is one in which: 51 % or more of the owners are section 3 residents of the
area of service; or at least 30% of its permanent full-time employees are currently section 3 residents of the
area of service, or within three years of their date of hire with the business concern were section 3 residents;
or evidence of a commitment to subcontract greater than 25% of the dollar award of all subcontracts to
businesses that meet the qualifications in the above categories is provided.
**The "Section 3 clause" can be found at 24 CFR Part 135.
Collier County, Florida
2007 Continuum of Care Exhibit 1
Form HUD-40090-1
38
16D12
Acknowledgment of
Application Receipt
U.S. Department of Housing
and Urban Development
Type or clearly print the Applicant's name and full address in the space below.
SAWCC, Inc. (Shelter for Abused Women & Children)
P.O. Box 10102
Naples, FL 34101
(fold line)
Type or clearly print the following information:
Name of the Federal
Program to which the
applicant is applying:
HUD-SHP- Continuum of Care
To Be Completed by HUD
o
HUD received your application by the deadline and will consider it for funding. In accordance
with Section 103 of the Department of Housing and Urban Development Reform Act of 1989,
no information will be released by HUD regarding the relative standing of any applicant until
funding announcements are made. However, you may be contacted by HUD after initial
screening to permit you to correct certain application deficiencies.
o
HUD did not receive your application by the deadline; therefore, your application will not
receive further consideration. Your application is:
o Enclosed
o Being sent under separate cover
Processor's Name
Date of Receipt
form HUD-2993 (2199)
01~D412
Application for Federal Assistance SF-424 Version 02
'1. Type of Submission: '2. Type of Application ' If Revision, select appropriate letter(s)
0 Preapplication 0 New
[gI Application [gI Continuation 'Other (Specify)
.
0 Changed/Corrected Application o Revision
3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: '5b. Federal Award Identifier:
State Use Only:
6. Date Received by State: I 7. State Application Identifier:
8. APPLICANT INFORMATION:
'a. Legal Name: SAWCC, Inc. (Shelter for Ablised Women & Children)
'b. EmployerfTaxpayer Identification Number (EINfTlN): 'c. Organizational DUNS:
59-2752895 836680769
d. Address:
'Street 1: P.O. Box 10102
Street 2:
'City: Naoles
County: Collier County
'State: Florida
Province:
'Country: United States
'Zip / Postal Code 34101
e, Organizational Unit:
Department Name: Division Name:
f. Name and contact Information of person to be contacted on matters Involving this application:
Prefix: Ms. *First Name: Nicole
Middle Name: S.
*Last Name: Mulev
Suffix:
Title: Development & Grants Officer
Organizational Affiliation:
'Telephone Number: 239-775-3862 ex!. 202 Fax Number: 239-775-3061
*Email: nmuley@naplesshelter.org
Expiration Date: 01/31/2009
~~NnJ 4',0004
Expiration Date: 01/31/2009
Application for Federal Assistance SF-424 Version 02
'g. Type of Applicant 1: Select Applicant Type:
M.Nonprofit w/501C3 IRS Status(Oth Than Higher Edu
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
'Other (Specify)
'10 Name of Federal Agency:
US Department of Housing & Urban Development-HUD
11. Catalog of Federal Domestic Assistance Number: -
14-235
CFDA Title:
SUDoortive Housino Prooram-SHP
"12 Funding Opportunity Number:
FR-5100-N-14
'Title:
Continuum of Care Homeless Assistance Prooram-COC
13. Competition Identification Number:
COC-14
Title:
Continuum of Care Homeless Assistance Prooram-COC
14. Areas Affected by Project (Cities, Counties, States, etc.):
Collier County, Florida
'15. Descriptive Title of Applicant's Project:
Transitional Housing Renewal
16D12
OMB Number 4040-0004
Expiration Date: 01/31/2009
Application for Federal Assistance SF-424 Version 02
16. Congressional Districts Of:
'a. Applicant: 14 'b. Program/Project: 14
17. Proposed Project:
'a. Start Date: September 1, 2008 'b. End Date: August 30, 2011
18. Estimated Funding ($):
'a. Federal 339,000
'b. Applicant
'c. State
'd. Local
'e. Other
'f. Program Income
'g. TOTAL 339,000
'19. Is Application Subject to Review By State Under Executive Order 12372 Process?
0 a. This application was made available to the State under the Executive Order 12372 Process for review on _
0 b. Program is subject to E.O. 12372 but has not been selected by the State for review.
r8] c. Program is not covered by E. O. 12372
'20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes". provide explanation.)
DYes r8] No
21. 'By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply
with any resulting terms if I accept an award. I am aware that any false. fictitious, or fraudulent statements or claims may subject
me to criminal, civil, or administrative pena~ies. (U. S. Code, Tille 218, Section 1001)
r8] "I AGREE
.. The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or
agency specific instructions
Authorized Representative:
Prefix: Mr. 'First Name: James
Middle Name:
'Last Name: Jessee
Suffix:
'Title: President, SAWCC, Inc. Board of Directors
'Telephone Number: 239-775-3862 I Fax Number 239.775-3061
.. Email: .ijessee@comcast.net ~ /7_
'Signature of Authorized Representative/ A $~- I 'Date Signed: uh4 ~ 7
--, / , ./
Authonzed for Local Reproduction
Standard Form 424 (ReVISed 10/2005)
Prescribed by OMB Circular A-I 02
16012
OMB Number: 4040-0004
Expiration Date: 0113'1/2009
Application for Federal Assistance SF-424
Version 02
"Applicant Federal Debt Delinquency Explanation
The following should contain an explanalion if the Applicant organization is delinquent of any Federal Debt.
Nla
16012
Applicant Certification
These certified statements are required by law.
Previous versions obsolete
form HUD-40090-4
A. For the Supportive Housing (SHP), Shelter Plus Care (S+C), and Single Room Occupancy
(SRO) programs:
Fair Housing and Equal Opportunity.
It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)) and regulations
pursuant thereto (Title 24 CFR part I), which state that no person in the United States shall, on the
ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under any program or activity for which the applicant
receives Federal financial assistance, and will immediately take any measures necessary to effectuate
this agreement. With reference to the real property and structure(s) thereon which are provided or
improved with the aid of Federal financial assistance extended to the applicant, this assurance shall
obligate the applicant, or in the case of any transfer, transferee, for the period during which the real
property and structure(s) are used for a purpose for which the Federal financial assistance is extended
or for another purpose involving the provision of similar services or benefits.
It will comply with the Fair Housing Act (42 U.S.C. 3601-19), as amended, and with implementing
regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color,
religion, sex, disability, familial status or national origin.
It will comply with Executive Order 11063 on Equal Opportunity in Housing and with implementing
regulations at 24 CFR Part 107 which prohibit discrimination because of race, color, creed, sex or
national origin in housing and related facilities provided with Federal financial assistance.
It will comply with Executive Order 11246 and all regulations pursuant thereto (41 CFR Chapter 60-
I), which state that no person shall be discriminated against on the basis of race, color, religion, sex or
national origin in all phases of employment during the performance of Federal contracts and shall take
affirmative action to ensure equal employment opportunity. The applicant will incorporate, or cause
to be incorporated, into any contract for construction work as defined in Section 130.5 of HUD
regulations the equal opportunity clause required by Section 130.15(b) of the HUD regulations.
It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12
U.S.C. 1701(u)), and regulations pursuant thereto (24 CFR Part 135), which require that to the greatest
extent feasible opportunities for training and employment be given to lower-income residents of the
project and contracts for work in connection with the project be awarded in substantial part to persons
residing in the area of the project.
It will comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and
with implementing regulations at 24 CFR Part 8, which prohibit discrimination based on disability in
Federally-assisted and conducted programs and activities.
It will comply with the Age Discrimination Act of 1975 (42 U.s.C. 6101-07), as amended, and
implementing regulations at 24 CFR Part 146, which prohibit discrimination because of age in projects
and activities receiving Federal financial assistance.
16D12
It will comply with Executive Orders 11625, 12432, and 12138, which state that program participants
shall take affirmative action to encourage participation by businesses owned and operated by members
of minority groups and women.
If persons of any particular race, color, religion, sex, age, national origin, familial status, or disability
who may qualify for assistance are unlikely to be reached, it will establish additional procedures to
ensure that interested persons can obtain information concerning the assistance.
It will comply with the reasonable modification and accommodation requirements and, as appropriate,
the accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of
1973, as amended.
Additional for S+C:
If applicant has established a preference for targeted populations of disabled persons pursuant to 24
CFR 582.330(a), it will comply with this section's nondiscrimination requirements within the
designated population.
B. For SHP Only.
20- Year Operation Rule.
For applicants receiving assistance for acquisition, rehabilitation or new construction: The project will
be operated for no less than 20 years from the date of initial occupancy or the date of initial service
provision for the purpose specified in the application.
I-Year Operation Rule.
For applicants receiving assistance for supportive services, leasing, or operating costs but not
receiving assistance for acquisition, rehabilitation, or new construction: The project will be operated
for the purpose specified in the application for any year for which such assistance is provided.
C. For S+C Only. Supportive Services.
It will make available supportive services appropriate to the needs of the population served and equal
in value to the aggregate amount of rental assistance funded by HUD for the full term of the rental
assistance.
D. Explanation.
Where the applicant is unable to certify to any of the statements in this certification, such applicant
shall attach an explanation behind this page.
. ed Certifying Official:
Date:
It e:
President, SA WCC Board of Directors
Applicant:
Shelter for Abused Women & Children (SA WCC)
For PHA Applicants Only:
(PHA Number)
form HUD-40090-4 2
16D12
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
Approved by OMS
0348-0046
See reverse for public burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
~ a. contract I a la. bid/offer/application ~ a. initial filing
b. grant 'b. initial award b. material change
c. cooperative agreement c. post-award For Material Change Only:
d.loan year quarter
e. loan guarantee date of last report
f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name
o Prime o Subawardee and Address of Prime:
Tier , /f known:
Conaressional District, if known: 14 Conoressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
HUD- Housing and Urban Development SHP- Supportive Housing Program
CFDA Number, if applicable: 14.235
8. Federal Action Number, if known: 9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if
( if individual, last name, first name, M/): different from No. IDa)
(last name, first name, M/):
NONE
/""l ..-?"A
11 Information requested IhrOl.lgh this form Is lIuthorized by titkl 31 U.S.C. section Signatute: k ~z -
. 1352. This dilClosure of lobbying activities is a material representation of fact
upon which re~ance was placed by the lief above when this transaction was made Print Nam~ James Je~e
or enl8f"8d into. This dlselo$ure is requiAMl pursuant to 31 U.S.C. 1352. This
information will be BvaHable for public inspection. Any parson who fails 10 file the Title: President, Board of Directors
required disclosure shall be subject to a civil penalty of not Ie!;!; than $10.000 and
not more than $100.000 for each such failure. 239-775-3862 u .- /~-
Telephone No.: Date: /
Federal Use Only: T Authorized for Local Repro uction
Standard Form LLL (Rev. 7~97)
SURVEY ON ENSURING
EQUAL OPPORTUNITY
FOR ApPLICANTS
u.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
OMB No. 1890-0014
(Exp.2/28/2009)
PurDose: The Federal government is committed to ensuring that all qualified applicants, small or large, non-religious or faith-
based, have an equal opportunity to compete for Federal funding. In order for us to better understand the population of applicants
for Federal funds, we are asking nonprofit private organizations (not including private universities) to fill out this survey.
Upon receipt, the survey will be separated from the application. Information provided on the survey will not be considered in any
way in making funding decisions and will not be included in the Federal grants database. While your help in this data collection
process is greatly appreciated, completion of this survey is voluntary.
Instructions for SubmittiDl! the Survev: If you are applying using a hard copy application, please place the completed survey in an
envelope labeled "Applicant Survey." Seal the envelope and include it along with your application package. If you are applying
electronically, please submit this survey along with your application.
Applicant's (Organization) Name: SA WCe. Inc. (Shelter for Abused Women & Children)
Applicant's DUNS Number: 836680769
Grant Name: SHP-Supportive Housing Program CFDA Number: 14.235
1. Does the applicant have 501(c)(3) status?
4. Is the applicant a faith-based/religious
organization?
. Yes
o No
o Yes
. No
2. How many full-time equivalent employees does
the applicant have? (Check only one box).
5. Is the applicant a non-religious community-based
organization?
o 3 or Fewer
o 4-5
06-14
. IS-50
o 5t-IOO
o over 100
. Yes
o No
6. Is the applicant an intermediary that will manage
the grant on behalf of other organizations?
3. What is the size of the applicant's annual budget?
(Check only one box.)
o Less Than $t50,000
o $t50,000 - $299,999
o $300,000 - $499,999
o Yes
.No
7. Has the applicant ever received a government
grant or contract (Federal, State, or local )?
. Yes
ONo
o $500,000 - $999,999
. $1,000,000 - $4,999,999
8. Is the applicant a local affiliate of a national
organization?
o Yes
. No
o $5,000,000 or more
SF 424-SUPP (4/2004)
, INTERNAL REVENUE SERVICE
DISTRICT DIRECTOR
C - 1130
ATLANTA. GA 30301
DEPARTKEHT l3F
THE TREASURY~~
16 D12
141\'I 1! 1991
EMployer Identification Number:
59-2752895
COlltact Persoll:
LORETTA HAMILTON
Contact Telepholle NUMber:
(<10<1) 331-0170
Date:
SHELTER FOR ABUSED HOMEN OF COLLIER
COUNTY INC
PO BOX 10102
NAPLES, FL 339<11
AddellduM Applies:
No
4
Dear App I icant:
Based on the inforMation you recently subMitted. He have classified
your organization as one that is not a private foundatioll Hithin the meaning
of section 509(a) of the Internal Revenue Code because you are described in
sections 509(a) (1) and 170(b) (1) (A)(vi).
Your exeapt status under section 501(a) of the Internal Revenue Code as
an organization described in 501 (c) (3) is still in effect.
This classification is based on the assuaption that your operations Hill
continue as you have stated. If your sources of support. or your purposes,
character. or method of operation change. please let uS know so we can consider
the effect of the change on your exempt status and foundation status.
This supersedes our letter dated January 13. 1992.
Grantors and contributors aay ~ely On this deteraination unless the
Internal Revenue Service publishes notice to the contrary. However. if you
lose your section 509(a)(1) status. a' grantor or co.tributor aay not rely on
this determination if he or she was iu part responsible for. or Has aHare of.
the act or failure to act. or the substa.tial or aaterial change on the part of
the organization that resulted in your loss of such status. or if he or she
acquired knowledge that'~he Inter.al Revenue Service had given notice that you
Hould no longer be classified as a section 509(a) (1) organization.
.
'f If we have indicated in the heading of this letter that an addendum
applies. the addendum enclosed is an integral part of this letter.
Because this letter could help resolve any questions about your private
foundation status. y~u should keep i~ in your per.anent records.
.'
1--
,.
..
,
Letter 107S(DO/CG)
5C
-- -------,
-. ....,...
~_.~._.
16D12
Applicant/Recipient
Disclosure/Update Report
U.S. Department of Housing
and Urban Development
OMS Approval No. 2510-0011 (exp. 8131/2009)
Instructions. (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.)
IIcantlRecl ient Information Indicate whether this is an Initial Report r8J or an Update Report 0
1. ApplicanURecipient Name, Address, and Phone (include area code): 2. Social Security Number or
SAWCC, Inc. (Shelter for Abused Women & Children) Employer ID Number:
P.O. Box 10102 Naples, FL 34101 59-275-2895
(239) 775-3862
3. HUD Program Name
Supportive Housing Program (SHP)
4. Amount of HUD Assistance
Requested/Received
$339,000
5. State the name and location (street address, City and State) of the project or activity:
SAWCC Transitional Housing Renewal (2635 Weeks Avenue, Naples. FL 34112)
Part I Threshold Determinations
1. Are you applying for assistance for a specific project or activity? These
terms do not include formula grants. such as public housing operating
subsidy or CDBG block grants. (For further information see 24 CFR Sec.
4.3).
~Yes 0 No
2. Have you received or do you expect to receive assistance within the
jurisdiction of the Department (HUD) , involving the project or activity in
this application, in excess of $200,000 during this fiscal year (Oct. 1 .
Sep. 30)? For further Information, see 24 CFR Sec. 4.9
~Yes 0 No.
If you answered "No" to either question 1 or 2, Stop! You do not need to complete the remainder of this form.
However, you must sign the certification at the end of the report.
Part II Other Government Assistance Provided or Requested I Expected Sources and Use of Funds,
Such assistance includes, but is not limited to, any grant, loan, subsidy, guarantee. insurance, payment, credit, or tax benefit.
Department/State/Local Agency Name and Address Type 01 Assistance Amount Expected Uses 01 the Funds
ReQuested/Provided
nla
(Note: Use Additional pages II necessary.)
Part III Interested Parties. You must disclose:
1. All developers, contractors, or consultants involved in the application for the assistance or in the planning, development, or implementation of the
project or activity and
2. any other person who has a financial interest in the project or activity for which the assistance is sought that exceeds $50,000 or 10 percent of the
assistance (whichever is lower).
Alphabetical list of all persons with a reportable financial interest Social Security No. Type of Participation in
in the ro'ect or activi For individuals, ive the last name first or Em 10 ee ID No. Pro'ecVActivi
(Note: Use Additional pages if necessary.)
Certification
Warning: If you knowingly make a false statement on this form, you may be subject to civil or criminal penalties under Section 1001 of Title 18 of the
United States Code. In addition, any person who knowingly and materially violates any required disclosures of information, including intentional non-
disclosure, is subject to civil money penalty not to exceed $10,000 for each violation.
I certify that this information is true and complete.
~~~ I~.';;:;/cl
Form HUD-2880 (3199)
SHELTIR FOR ABUSED WOMEN & CHILDREN
"Breaking the cycle of abuse, building hope..
16D12
ETHICS AND STANDARD OF CONDUCT
The successful business operation and reputation of SAWCC, Inc. is built upon the
principles of fair dealing and ethical conduct of our team members. We value integrity
and excellence. Our reputation as an organization with integrity and excellence requires
careful observance of the spirit and letter of all applicable laws and regulations, as well
as a scrupulous regard for high standards of conduct and personal integrity.
Our continued success is dependent upon the trust of our program participants, the
public, community partners, and volunteers. We seek to preserve and deepen that trust.
Team members owe a duty to SAWCC, Inc, to act professionally, courteously, and in
ways that merit trust.
As an organization, SAWCC, Inc. complies with all applicable laws and regulations. We
expect our team members to conduct their duties in accordance with the letter, spirit,
and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical
conduct. Team members are absolutely prohibited from unlawfully manufacturing,
distributing, possessing, or using controlled substances and alcohol in the workplace.
Team members who perpetrate any unlawful violence outside the workplace, including
child abuse, will be subject to termination.
Team members will not engage in any action that violates or diminishes the civil or legal
rights of program participants. Team members will not practice, condone, facilitate, or
collaborate with any form of discrimination on the basis of race, color, gender, sexual
orientation, age, religion, national origin, marital status, political belief, mental or physical
disability, or any other preference or personal characteristics, conditions, or status.
Team members are expected to be tolerant of the opinions and values of others.
Team members will not exploit program participants, other staff, volunteers, or outside
professional relationships for personal gain, or for the gain of an immediate family
member or co-habitanVpartner. Team members will not solicit or provide letters of
appreciation or reference from program participants, Board members, donors,
volunteers, or other team members. Team members will avoid any conflicts between
their interests and those of SAWCC, Inc., by declaring personal interest, describing to
the CEO the nature of the interest, and refraining from influencing deliberations on the
matter by the CEO or Board of Directors.
Team members, Board members, volunteers, and agents of SAWCC will not solicit nor
accept gifts, gratuities, or honoraria from program participants, other Board members,
volunteers, donors, community groups, or organizations soliciting business from
SAWCC. All such items are intended as contributions to the Shelter. Violation of this
policy may be grounds for termination.
P.O. Box 10102, Naples, FL 3410t 239-775-3862, Fax 239-775-3061 I 24.Hour Crisis Line 239-775.1101 I lrnrnokalee Office 239-657-5700 I TIT 239-775-4265
Options Thrift Sharpe, 968 Second Avenue North, Naples, FL 34102 239-434-71151 www.naplesshelter.orglinfo@naplesshelter.org
The Shelter for Abused Women & Children is grateful for funding from United Way of Collier County, Department of Children & Families (Domestic Violence Trust Fund) and private contributors.
16D12
Team members will avoid non-professional relationships with program participants or
former program participants outside the work environment. Team members will not take
progrcllll participants, former program participants, or their children to the team
member's home. Prior relationships with program participants must be immediately
reported to your supervisor. Team members will not give gifts to program participants or
former program participants. Team members recognize that our goal is to empower, not
rescue program participants. Team members will make every effort to foster maximum
self-determination of program participants.
Team members will abide by the Advocates Oath and the non-program staff guidelines
for working with program participants (see following documents).
Team members, under no circumstances, will engage in physical or verbal abuse of
program participants, other staff, or volunteers; nor will they engage in any action that
violates or diminishes the civil or legal rights of others. Such behavior can result in
termination of employment. Team members who witness such acts are required to
report the act to their supervisor or CEO. Failure to report such acts may be grounds for
termination.
Team members will respect the confidentiality of program participants and hold in
confidence all information obtained in the course of professional services. Team
members are prohibited from discussing information about program participants with
persons other than staff directly involved with the program participant or members of the
management team. Program participant confidentiality and privilege are outlined in state
statute and must be maintained during both working and non-working hours. Former
team members are obligated to maintain confidentiality and privilege of all
communications with and about program participants. Program participant
confidentiality is maintained even after the person is deceased.
If a program participant wishes to make a specific comment or complaint about any
aspect of SAWCC, you should direct the person first to the appropriate Supervisor. If
she cannot resolve the issue, she will direct the program participant to the CEO.
Team members may not solicit funds, grants, in-kind contributions, or volunteer services
without approval of the CEO. Written solicitations must be approved in advance by the
CEO.
Team members are expected to give their best job performance. They are expected to
be resourceful, creative problem solvers; to strive to continually improve; to work as a
team; and to lend a hand to co-workers when possible.
All donations given SAWCC, including cash and in-kind, are for the sole use of our
program participants and not for the use of team members. Only the CEO can
determine if a donation can be used for other purposes such as administrative or
fund raising.
Team members will render efficient service and assure economical operation of SAWCC
equipment and facilities. They are expected to guard SAWCC's assets. Team members
have a responsibility to report theft. They also have a responsibility to report
reimbursable expenses accurately. Not doing so will be considered a form of theft and
grounds for termination.
16012
In'yeneral, you should find that using good judgment, based on high ethical principles,
will guide you to act appropriately. If you are unsure about the proper course of action,
you should discuss the matter openly with your supervisor. If necessary, you may also
contact the CEO for advice and consultation.
The private conduct of team members is a personal matter except when such conduct
compromises the fulfillment of professional responsibilities or when the team member. in
conducting private activities, identifies herself publicly as an team member of SAWCC.
Team members will distinguish clearly between statements and actions made as private
individU<lls and as reprf!sentativesof SAWCC. Team members who wear their
nametags or uniform shirts, or who distribute SAWCC business cards or literature, are
identified as employees of the Shelter and should act accordingly.
Certified Shelter team members are mandated reporters of child abuse and neglect
under Florida statutes. Suspicion of child abuse and neglect by program participants
must be reported by team members to the Abuse Hotline, 800-962-2873. Consult your
supervisor before making the call. Any team member herself under investigation for
child abuse or neglect may be suspended without pay until the investigation is complete.
Once cleared of all allegations, employment can be reinstated and wages paid
retroactively. If a team member is convicted. employment will be terminated.
It is the responsibility of every SAWCC, Inc. team member to comply with our policy of
business ethics and conduct. Disregarding or failing to comply with this standard of
business ethics and conduct could lead to disciplinary action, up to and including
possible termination of employment. Also, any team member who observes a serious
violation of pOlicies by another team member is obligated to report the incident to her
Supervisor. Not doing so could result in disciplinary action.
This document stating the ethics and standard of conduct for SAWCC will be distributed
to every team member. volunteer, and Board member and reviewed during their
orientation. Questions about these standards should be directed to (239) 775-3862.
~e?3~-'~
ames Jess
President, SAWCC, Inc. Board of Directors
16D12
Section I: Project Summary Information
P tAG I P tI f f (All P )
ar . enera ro]ec norma Ion TO] ects
.
I. Project Priority Number 2. 0 New Project 3. If renewal, list Previous Grant Number:
(From Project Priority Chart previous grant number FL14B20-6002
i" Exhibitl): ~t~ & project identifier
o Check box if project is a t8J Renewal Project number (PIN): PIN Number: FL14067
#1 Priority Samaritan Bonus
Project
4. HUD-Defined CoC Name: 5. CoC Number:
Naoles/Collier Countv COC FL-606
6. Applicant's Organization Name (Legal Name from SF-424) 8. Applicant's DUNS Number
SA WCC, Inc. (Shelter for Abused Women & Children) (From SF-424):
7. W Check box if Applicant is a Faith-Based Organization 836680769
t8J Check box if Applicant has ever received a federal grant, either directly from
a federal agencv or through a state/local agencv
9. Project Applicant's Address (From SF-424) 10. Applicant's Employer
Street: P.O. Box 10102 Identification Number (EIN) (From
Citv: Naples State: FL Zin:34101 SF-424): 59-2752895
II. Contact person of Project Applicant: (From SF-424)
Name: Nicole S. Muley Phone number:239-775-3862 12. t8J Check box if Project
Title: Development & Grants Officer Fax number:239-775-3061 Applicant is the same as Project
Email Address: Sponsor
nmuley(a)naolesshelter .om
13. Project Name: Transitional Housing-Renewal t4. Project's location 6-digit
Geographic Code: t29021
IS. Project Address (S+C SRAs, if multiple sites list all addresses including): t8. 0 Check box if Energy Star is
Street: 2635 Weeks Avenue used in this proj ect
City: Naples State: FL Zip: 34112 19. Project Congressional District(s)
16. 0 Check box if project is located in a Rural Area :14
17. If proiect contains housing units, are these units: 0 Leased? 0 Owned?
20 Project Sponsor's Organization Name (If different from Applicant) 22. Sponsor's DUNS Number:
21. g Check box if Project Sponsor is a Faith-Based Organization
t8J Check box if Project Sponsor has ever received a federal grant, either
~.. directlv from a federal agency or through a state/local aQencv
23. Project Sponsor's Address (if different from Applicant) 24. Sponsor's Employer
Street: Identification Number (EIN):
Citv: State: Zio:
25. Contact person of Project Sponsor (if different from Applicant)
Name: Phone number:
Title: Fax number:
Email Address:
Form HUD-40090-2 I
16D12
Part B: Project Summary Budget
B1. Su ortive Housin Pro ram (SHP) All SHP Pro'ects)
a. ~ SHP Pro ram c. Grant Term* (Check only one box)
b. Component Types (Check only one box) D D IV!
[8J D D D D Safe Haven/TH 161
TH PH SSO HMIS D Safe Haven/PH 1 Year 2 Years 3 Years
d. Proposed e. SHP Dollars f. Cash Match g. Totals
SHP Activities Re uest (Co!. e + Co!.
1. Acquisition
2. Rehabilitation
3. New Construction
4. Subtotal
(Lines I throu h 3)
5. Real Property Leasing
From Leasin Bud et Chart
6. Supportive Services
From Supportive Services Budget Chart
7. Operations
From Operating Budget Chart
8. HMIS
From HMIS Budget Chart
9. SHP Request
(Subtotal lines 4 through 8)
10. Administrative Costs
U to 5% of line 9
11. Total SHP Request
(Total lines 9 and 10
*
New projects must be 2 or 3 years, except new HMIS projects and new hold harmless reallocation projects, which
can be t, 2 or 3 years.
141,120
35,280
176,400
192,500
64,166
256,666
333,620
339,000
99,446
Total Budget
(Total SHP
Request + Total
Cash Match)
438,446
5,380
Total
Cash Match
B2. Shelter Plus Care S+C All S+C Pro' ects
a. S+C Pro ram c. Grant Term (Renewals are 1 year only)
b. Component Types (Check only one box) (Check only one box)
D D D D D
TRA SRA PRA PRAR S+C/SRO
D Renewal
1 Year
DNew
5 Years
DNew
(PRAR, S+C/SRO)
10 Years
1. Total S+C Rental Assistance Amount
from S+C and SRO Budget Chart
$
$
Form HUD-40090-2 2
16 D12
Part C: Point in Time Housing and Participants Chart
(All Proiects Except Dedicated HMIS Proiects)
I. Housing Type* Ia. 0 Multi-family lb. 0 Scattered Site
(Check all that apply) o Single-family ~ Project Based
~ Conl!rel!ate Facilitv
a. Current b. New Effort or c. Projected
2. Units, Bedrooms, Beds Level , Change in Effort Level
Number of Units {!'oint-in-Timel (If APPlicabl&..f (column a + co\. bl
n/a n/a i n/a
--
Number of Bedrooms 4 n/a i 4
Number of Beds 20+ n/a 20+
3. Participants 6 n/a 18
a. Number of Households with
Dependent Children
1. Number of adults 6 n/a 18
n. Number of children 12 n/a 36
Ill. Number of disabled persons I n/a 3
b. Number of Households 2 n/a 6
without Dependent Children
l. Number of disabled persons I n/a 3
n. Of all disabled persons, number n/a n/a n/a
of chronicallv homeless
'Housing Types: Multi-family (apartments, duplexes, SROs, other buildings with 2 or more units); Single-family;
n e ate F cilit dormito barracks 11 red-Iivin
I Co gr g
a y(
ry,
,s a
g)
Part D: Targeted Sub populations
(All Projects Except Dedicated HMIS Projects)
List the approximate percentages for each homeless subpopulation you expect to serve. If you expect to
serve subpopulations that fit more then one category (i.e. Severely Mentally III Persons with Chronic
Substance Abuse), you may place overlapping approximate percentages on the appropriate lines. If this
is a #1 priority project, it must serve 100% chronically homeless persons to receive the Samaritan
bonus.
I. Homeless Subpopulations 2. Approximate Percental!es (%)
Chronicallv Homeless(as defined by HUD) 0%
Severelv Mentallv III 0%
Chronic Substance Abusers 0%
Veterans 0%
Persons with HIV/AIDS 0%
Victims of Domestic Violence 100%
Unaccompanied Youth 0%
(Under 18 vears of a~e)
Form HUD-40090-2 3
16012
DYes DNo
State & Local Government A licants)
Are there policies and protocols developed or implemented for the discharge of
persons from publicly funded institutions or systems of care (e.g., health care
facilities, foster care or other youth facilities, or corrections programs and
institutions) in order to prevent such discharge from immediately resulting in
homelessness or requiring HUD McKinney-Vento homeless assistance for such
persons in your jurisdiction?
Part F: Project Leveraging Chart (All Projects)
BUD homeless program funding is limited and can provide only a portion of the resources needed to
successfully address the needs of homeless families and individuals. BUD encourages applicants to
use supplemental resources, including state and local appropriated funds, to address homeless needs.
Please be aware that undocumented leveraging claims may result in are-scoring of your
application and possible withdrawal of your conditional award(s). For further instructions for
filling out this section, see the Instructions section.
Type of Source of Identify Source as: Date of Value of
Contribution Contribution (G) Government* Written Written
or (P) Private Commitment Commitment
Examnle: Child Care CDBG G 2/t 5/06 $tO,OOO
Revenue Ootions Thrift Shoppe P 4/20/07 851,236
'Government sources are annronriated dollars. TOTAL: $851,236
Part G: Project Participation and Data Coverage in Homeless
Management Information System (HMIS)
(All Projects Except Dedicated HMIS Projects)
1. Is this project providing client level data to the HMIS either through direct data entry or data
upload/integration at least annually? DYes [8] No
a. If no, when does the project anticipate b. If yes, is the client level data collected on all
providing client level data to the HMIS? If
not applicable, briefly explain. persons served by the project provided to the HMIS?
Domestic Violence Center, See attached DYes DNo
Form HUD-40090-2 4
March 29, 2007
SHELTER FOR ABUSED WOMEN & CHILDREN
"Breaking the cycle of abuse, building hope."
16012
To: Collier County COC and the Department of Housing and Urban Development
From: Shelter for Abused Women & Children
Re: HMIS Questions on SHP applications
Is this project participating in the HMIS? Yes, SA WCC has been participating in
HMIS to the fullest extent allowed by law since January of2003. The recent
confidentiality provisions passed by Congress in the Violence Against Women Act
(V A W A) 2005, that specifically prohibit domestic violence programs from submitting
data to the HMIS data collection system that was implemented by HUD for programs
receiving McKinney-Vento Funds. Those provisions of V A W A 2005 reaffirm
confidentiality protections for victims of domestic violence, sexual assault and stalking,
and prevent local victim service programs from providing personally identifying
information about victims to the HMIS database. Under Section 605 of the VAWA 2005, a
grant recipienl or sub-grantee under the McKinney- Vento Act is specifically instrucled
nol to disclose personally identifYing information about any clienllo HMIS. Under
Seclion 3 ofVAWA 2005, a grant recipient ofVAWA or FVPSAfunds shall not disclose
personally idenlifYing information aboul clients. Our program receives funding under
McKinney-Vento, VA W A and FVPSA. Our program has not been providing personally
identifying client-level data to HMIS, and will not do so now.
Will client-level data be included in the HMIS for all persons served by this project?
No, our domestic violence program cannot participate in HMIS by providing client-level
data. As a result of federal law, and Florida law confidentiality protections, and consistent
with HUD's own statement that organization "must also comply with federal, state, and
local laws that require additional confidentiality protections." Providing any individual
client-level data to the HMIS system would violate Florida's law and Section 605 and
Section 3 of V A WA 2005. However, we are permitted to provide unduplicated,
aggregate data' that do not specify any identifying information of an individual or group
of individuals who are protected by the domestic violence victim-advocate privilege.
We anticipate that HUn, through the local Continuum of Care, will honor our
program's compliance with the federal privacy requirements under the Violence
Against Women Act, and under Florida's law, and that HUn will not penalize our
program in scoring of its funding application.
P.O. Box 10102, Napl", FL34101239-775-3B62, Fax 239.775-3061 I 24-Hou< eri,i, Line 239-775-1I01 I lmmokalee Office 239-657-5700 I TIY 239.775-4265
Opt1ons TImEt Shappe, 968 Second Avenue North, Naples, FL 34102 239-434.71151 www.naplesshdter.orgl info@naplesshelter.org
The Shelter for Abused Women & Children is grateful for funding from United Way of Collier County, Deparnnent of Children & Families (Domestic Violence Trust Fund) and private contributors,
16D12
Part H: Renewal Performance (All Renewal Proiects)
Are there any unresolved HUD monitoring findings, or outstanding audit
findings related to this project? If "Yes," briefly describe.
I [JNo
: 1. 0 Yes
Are there any significant changes in the project since the last funding
approval? Check all that apply:
[J Number of persons served: from 53 to 60+
o Number of units: from _ to_.
D Location of project sites.
2. [J Yes DNo D Line item or cost category budget changes more than 10%.
D Change in target population.
D Change in project sponsor.
D Change in component type.
[J Other:
Please explain changes: SA wee foresees that it will serve aporoximatelv 60+ women
and children in its transitional housina nroaram over the next three years an increase ofnearh
t5% in the orevious oroiection of 53 women and children served during the 2002-2005
funding period.
H: Renewal Performance (Continued)
(For all S+C, SHP-PH, SHP-TH, SHP-Safe Haven, and SSO Renewals):
Use information from the most recently submitted Annual Progress Report (APR) to answer
questions 3, 4, and 5. If an APR has not yet been submitted for this renewal project, please
check the N/A box and skip these Questions. D N/A
3. Permanent Housing (PH) Performance (To be filled out by all SHP and S+C renewal
permanent housing projects, including both SHP-PH and SHP-Safe Haven permanent housing).
i Complete the following chart using data based on the most recently submitted APR Questions 12(a)
and 12(b):
la. Number ofnarticinants who exited PH proiect(s)-APR Ouestion 12(a)
b. Number ofnarticinants who did not leave the nroiect(,;)-APR Question 12 (b)
c. Of those who exited, how manv staved 7 months or longer in PH-APR Question 12(a) .--
d. Of those who did not leave, bow many stayed 7 months or longer in PH-APR question 12(b)
e. Percentage of all participants in PH projects staying 7 months or longer %
[(c + d) divided by (a + b)] x 100 = e. Example: [(16 + 15) divided by (20 + 20)] x 100 = 77.5% 4. Transitional Housing (TH) Performance (To be filled out by all SHP renewal transitional
housing projects, including both SHP- TH and SHP-Safe Haven transitional housing).
Complete the following chart using data based on the most recently submitted APR Question 14:
a. Number ofnarticinants who exited TH nroject!s)--including unknown destination (adults) 8
b. Number of particinants who moved to PH-from any destination identified as permanent housing 6
c. Of the number of participants who left TH, what percentage moved to PH? 75%
(b divided bv a) x 100 = c Example: (14/18) x 100 = 77.7%.
Form HUD-40090-2 5
16D12
H: Renewal Performance (Continued)
5. Supportive Services - Mainstream Programs and Employment Chart
(To be filled out by all S+C and SHP renewals, except dedicated HMIS projects)
HUD will be assessing the percentage of clients in your renewal project who gained access to
mainstream services and, especially, who gained employment. Based on responses to APR Question
11 complete the followin2::
t 2 3 4
Number of Adults Who Left Income Source Number of Exiting % with Income
(Use the same number Adults with Each Source at Exit
in each row) of Income (Col. 3 .;- Col. t x
tOO)
ExamDle: t05 a. Social SecDrltv IDsDraDce (SSIl 40 38.t%
- t05 b. Social Security Disability 33.3%
35
IDsuraDcefSSDD ..
t05 c. Social Security 25 23.8%
8 a. SSI 0 0
..
8 b.SSm 0 0
8 c. Social Security 0 0
8 d. General Public Assistance 0 0
..
8 e. TANF t 12.5%
8 f. SCHIP 0 0
8 .. Veterans Benefits 0 0
8 h. Emnlovment Income 7 87.50/0
8 i. Unernulovment Benefits 0 0
e.-:'"
8 i. Veterans Health Care 0 0
8 k. Medicaid 2 25%
8 1. Food Stam;;" 3 37.5%
8 m. Other7DIease soecifv) 3 (WIC) 37.5%
8 n. No Financial Resources t 12.50/0
..
Form HUD-40090-2 6
16D12
Section II: Project Budgets
Part I: SHP Project Budgets (All SHP Projects as Applicable)
11. SHP Leasing Budget (All SHP Projects with Leasing)
Leased Unites) for Housing and/or Services
a. Name of metropolitan or non-metropolitan Fair Market Rent (FMR) area:
b. New Projects Only, check the appropriate box that relates your rent to the published FMR.
For Renewal Projects, skip to items c-g.
o 1 % to 99% ofFMR
0100% ofFMR
o 101 % to 110% ofFMR (PHA approval letter must be attached).
o Greater than 110% (HUD approval letter must be attached).
c. Size of Units d. Number e. BUD Paid f. Number of g. Totals
of Units Amount Months
SRO x x - $
o Bedroom x x = $
1 Bedroom x x = $
2 Bedrooms x x = $
, 3 Bedrooms x x = $
, 4 Bedrooms x x = $
5 Bedrooms x x = $
6 Bedrooms x x = $
Other: x x = $
h. Totals: x x = $
] ,cased Structure s) for Housing and/or Services - No ADDlicable FMR
Structure 1 "tJ+T,tty,t\','1 xl $
Address: Street:
City: State: Zip:
Structure 2 t,.:;,,!" "".,t:;',~ xl $
Address: Street:
City: State: Zip:
Form HUD-40090-2 7
16['
'--
12. SHP Supportive Services Bud2et All SHP Projects as ADDlicable)
SHP Dollars Reouested
Supportive Services Costs Year 1 Year 2 Year 3 Total
1. Life Skills Coordinator 23,520 23,520 23,520 70,560 ,
Quantitv: 39,200/vear x .60FTE=
2. Life Skills Coordinator 23,520 23,520 23,520 70,560
Quantity: 39,200/vear x .60 FTE=
3. Life Skills (outside of case management)
Quantity:
4. Alcohol and Drug Abuse Services
Quantitv:
5. Mental Health and Counseling Services
Quantitv:
6. HIV/AIDS Services
Quantity:
7. Health Related & Home Health Services
Quantity:
8. Education and Instruction
Quantity:
9. Employment Services
Quantitv:
10. Child Care
Quantity:
11. Transportation
Quantity:
12. Transitional Living Services
Quantity:
13. Other (must specify *)
Ouantitv:
14. Total SHP dollars requested:** 47,040 47,040 47,040 141,120
(lines 1 to 13)
* If not specified, the costs will be removed from the budget.
**Total of Line 14 must match line 6, column e., on the Project Summary Budget The amount of the SHP request
entered must be no more than 80 oercent of the Total Suooortive Services Costs entered on Line 16.
IS.Total cash match to be spent on SHP 1l,7ffi 1l,7ffi 1l,7ffi 35,280
elil!ible sUDDortive service activities:
16. Total supportive services costs: *** 58,lro 58,&Xl 58,&XJ 176,400
*** The Total Supportive Services Costs includes the cash match entered on line 15, and the SHP dol/ars requested on
line 14. The total of Line 16 must match line 6, column e., on the Proiect Summarv Budeet. .
Form HUD-40090-2
8
16012
13. SHP Operatin~ Bud~et (All SHP Proiects with Operating Costs)
Operating Costs-Transitional Housing SUP Dollars Requested
of 20 beds in 60 bed facility requires Year I Year 2 Year 3 Total
approx. 113 of support services for
operation
I. MaintenancelRepair 7,920 7,920 7,920 23,760
Quantity: 24,000/year x 33%=
2. Staff 11,550 11,550 11,550 34,650
(Facility Manager, 35,000/vear x 33% time=)
3. Utilities 19,800 19,800 19,800 59,400
Quantity: 60,000/year x 33%=
4. Equipment OeaseJbuy) 1,980 1,980 1,980 6,000
Quantity:6,000/vear x 33%=
5. Supplies 3,116 3,116 3,116 9,348
Quantity:9,442/vear x 33%=
6. Insurance 19,800 19,800 19,800 59,400
Quantity: 60,000/year x 33%=
7. Furnishiugs
Quantity:
8. Relocation
Quantity: (number ofoersons)
9. Food i
Quantity:
10. Other Operating Activity: * I
Quantity:
11. Total SUP Operating Dollars 64,166 64,166 64,166 192,500
Reuuested (lines 1 to 10): **
*Ifnot specified, the costs will be removed from the budget.
**Total of Line II must match line 7 column e., on the Project Summary Budget The amount of the SHP request
entered must be no more than 75 oercent of the Total Ooeratine Costs entered on Line 12.
12. Total cash match to be spent on SUP 21,388 21,388 21,388 64,166
elil(ible operations activities:
13. Total Operating Costs: *** 85,554 85,554 85,554 256,666 ,
*** The Total Operating Costs includes the cash match entered on line 12 and the SHP dollars requested on line
tl. The total of Line 13 must match line 7. column!!.. on the Proiect Summary Bud!!et.
14. SHP New Project Multiple Structures Budget (All New SHP Projects as
Applicable) To be used only for projects with multiple structures with acquisition, rehabilitation or
new construction funds. Fill out an additional chart for each structure.
Form HUD-40090-2 9
16012
Structure A Structure B
Address: Address:
Citv, State, Zio: Citv, State, Zio:
SHP Reouest Total Budget SHP Request Total Budget
1. Acquisition 1. Acquisition
2. Rehabilitation 2. Rehabilitation
3. New Construction 3. New Construction
4. Real Property 4. Real Property
Leasing Leasing
5. Supportive Services 5. Supportive Services
6. Operations 6. Operations
7.HMIS 7.HMIS
8. Total 8. Total
15. SHP HMIS Budl!et (All SHP Pro'ects with HMIS Costs)
SHP Dollars Requested
HMIS Costs Year I Year 2 Year 3 Total
Equipment
1. Central Server( s)
2. Personal Computers and Printers
3. Networking
4. Security
Subtotal:
Software
5. SoftwarelUser Licensing
6. Software Installation
7. Support and Maintenance
8. Supporting Software Tools
Subtotal:
Services
9. Training by Third Parties
10. Hosting/Technical Services
- ' ] . Programming: Customization
12. Programming: System Interface
13. Programming: Data Conversion
14. Security Assessment and Setup
IS. On-line Connectivity (Internet Access)
16. Facilitation
17. Disaster and Recovery
Subtotal:
Personnel
1 R. Project Management/Coordination
-...
19. Data Analysis
20. Programming
21. Technical Assistance and Training
f ?? Administrative Support Staff
Subtotal:
Fonn HUD-40090-2 10
16D12
HMIS Space and Operations
23. Space Costs
--
24. Operational Costs
Subtotal:
25. Total SHP HMIS dollars requested: ·
* Total of Line 25 must be no more than 80 percent of the Total HMIS Costs entered on Line 27.
26. Total cash match to be spent on SHP
eligible HMIS activities:
27. Total HMIS Costs..
<<The Total HMIS Costs includes the SHP dollars requested on line 25 and the cash match entered on line 26. The
total on line 27 must match line 8, column g., on the Project Summary Budget
Form HUD-40090-2 II
16012
Part J: Shelter Plus Care and Section 8 SRO Project Budgets
(All S+C and SRO Projects as Applicable)
Jl Sh I PI CdS 8 SRO R I A . B d
. e ter us are an ectlOn enta sSlstance u teet
a. Check the box to indicate the type of orol!ram: TT S+C L ] Section 8 SRO
b. Name of metropolitan or non-metropolitan Fair Market Rent (FMR) area:
c. Check the appropriate box that relates your rent to the published FMR*:
o 1 % to 99% ofFMR
0100% ofFMR
o 101 % to 110% ofFMR (PHA approval letter must be attached).
o Greater than 110% (HUD approval letter must be attached).
d. Size of Units e. Number f. FMR or g. Number of h. Total
Of Units Actual Rent** Months
SRO x x = $
o Bedroom x x = $
1 Bedroom x x = $
2 Bedrooms x x = $
3 Bedrooms x x = $
4 Bedrooms x x = $
5 Bedrooms x x = $
6 Bedrooms x x = $
Other: x x = $
i. Totals: x x = $
*Please be advised that the actual FMRs used in calculating your S+C or SRO grant will be those in
effect at the time the grants are conditionally approved, which may be higher or lower than the FMRs
listed above.
**If requested rent is other than the published FMR, your project will be funded at the requested
amount and will not receive an FMR update.
J2. New Shelter Plus Care Single Room Occupancy (S+C/SRO) and New Section 8
Sinele Room Occuoancy (SRO) Proiect Budl!et
a. List below an estimate of the total costs of develooing the S+C/SRO Jroiect:
Tvoe Amount
Total Rehabilitation Costs (Eligible and Ineligible):
Acquisition:
Other Costs (Eligible & Ineligible, e.g., furniture):
Total: $
b. List any commitments from public and private sources that you are able to provide at this time to
help cover the costs of developing the oroiect:
Source Amount
Total: $
Form HUD-40090-2 12
16D12
Section III: New Project Narratives
Part K: General Project Narrative Information
All New Projects Except Dedicated HMIS Projects)
1. Provide a general description of the new project. (use less than one-half page). SA WCC, Inc.
(Shelter for Abused Women & Children) is requesting a renewal ofSHP funding of$339,000
for its Transitional Housing Program. The funding will support operating costs, supportive
services and administrative costs for our existing 20-bed transitional housing program for
homeless women and child victims of domestic violence.
2. Enter the percentage of homeless participants(s) that will be served (N/A for dedicated HMIS
projects):
~ % Persons who came from the street or other locations not meant for human habitation. *
100 % Persons who came from Emergency Shelters. *
~% Persons in TH who came directly from the street or Emergency Shelters. *
J.QQ..% Total of above percentages. If the total is less than 100%, describe very specifically
where the other persons you propose to serve would be coming from, and how these persons
would meet the HUD homeless definition (use less than one-quarter page).
*This includes persons who ordinarily sleep in one of the above places but are spending a short
time (30 consecutive days or less) in ajail, hospital, or other institution.
3. Describe the outreach plan to bring these homeless participants into the project. SA WCC's
outreach program is extensive and pro-active. Victims of domestic violence leam about us in a
variety of ways. The homeless women and children who will be participating in the Transitional,
Housing Program will come from the Shelter's racially and ethnically diverse emergency shelte
population. While in emergency shelter, potential transitional housing residents are assessed for
appropriateness for the transitional program. Once in the program, each resident continues to
work and meet with her assigned case worker, who ensures that each adult resident has a
complete support network to enable them to achieve independent living. Homeless victims of
domestic violence who are referred to our transitional housing program from any other shelter
or homeless program will first be admitted into our emergency shelter.
4. Will basic community amenities (e.g., medical facilities, grocery store, recreation facilities,
schools, etc.) be readily accessible (e.g., walking distance, near bus line, etc.) to your clients?
~ Yes, very accessible 0 Somewhat accessible 0 Not accessible
1--.
5. For transitional housing component only:
List the program's maximum allowable length of stay:
24
months
..~
6. For permanent housing for persons with disabilities component where more than 16
persons will reside in a structure: Describe what local market conditions necessitate the
development ofa project of this size and how the housing will be integrated into the
neighborhood.
7. For Shelter Plus Care TRA projects only: Will participants be required to live in particular
structures or units during the first year and in a particular area within the locality in subsequent
years, or to live in a particular area for the entire period of participation? 0 Yes 0 No
Explain how and why the project will implement this requirement (use less than one-half page).
Form HUD-40090-2 13
16D12
8. For Section 8 SRO projects only:
a. Describe the rehabilitation proposed for the property and the responsibility you and any
other organizations will have in operating and maintaining the property.
b. Include a photograph of the building to be assisted with the address (street, city, zip) on the
photograph.
c. For Non-PHA applicants you must submit a certification letter from the PHA that will
administer the rental assistance. Please refer to the instructions for letter content.
9. (SHP ONLY) Will your proposed project use an existing homeless facility or incorporate
activities that you are currently providing? ~ Yes 0 No
If Yes, check one or more of the activities below that describe your proposed project.
Facilities that you are currently operating and aClivities you are currently undertaking to
serve homeless persons may only receive SHP funding for the four purposes listed below.
My project will:
~ Increase the number of homeless persons served.
o Provide additional supportive services for residents of supportive housing and/or homeless
persons not residing in supportive housing.
o Bring existing facilities up to a level that meets state and local government health and
safety standards. Please explain.
o Replace the loss of nonrenewable funding from private, Federal, or other sources (except
from the state or local government), which will cease on or before the end of 2008.
By law, no SHP funds may be used to replace state or local government funds previously used,
or designated for use, to assist homeless persons [see 24 CFR 583.150(a)].
If this (fourth) box is checked, you must fully describe the following in order to be
eligible for funding:
a. The source of the nonrenewable funding, indicating that it is not under the control of
the State or local government.
b. Why it is nonrenewable.
c. When it will cease.
d. Document the specific steps you took to obtain other funding, why there are no other
sources of funding and why, without the SHP assistance, the activity will cease.
Form HUD-40090-2 14
16D12
Part L: Supportive Services the Participants Will Receive
(All New Projects Except Dedicated HMIS Projects)
1. Indicate the type and frequency of the proposed supportive services that would fit the needs
of the narticinants (reeardless of the resources that will be used to pay for the services):
Supportive Service Daily Weeklv Bi-monthly Monthlv Other
[5< Outreach x
5< Case manag:ement x
>< Life skills (outside of case x
manag:ement)
r><:J Job training: x
o Alcohol and Drug Abuse
Services
-[gJ Mental Health and Counseling x
Services
HIV/AIDS Services
:J Health Related & Home Health
Services
Education and Instruction
>\ Employment Services x
Child Care
f--~ Transportation x
~ Transitional Living: Services x
I:8J Other - specify: Referrals for x
childcare, alcohol and drug abuse
services, and education
,
Part M: Accessing Permanent Housing
All New Pro'ects Exce t Dedicated HMIS Pro'ects
I. Describe specifically how participants will be assisted both to obtain and also remain in
permanent housing. Residents would be able to stay in the proposed transitional housing for u
to two years. During that time, residents will be assisted by their case managers who are well
trained and knowledgeable to set achievable goals in regards to permanent housing. Within one
year of entering the program, residents will be able to establish a support system and individual
resource plan, as well as accessing employment skills/career identification to eventually becom
self-sufficient. Shelter staff will assist them in making the transition to local permanent housing
or in another county or state. Staff will identify resources in the new community and connect th
participants to those programs by making calls on their behalf, providing letter or introductions,
copies of documents, etc. Staff will also assist participants with transportation in to their new
home. After they leave transitional housing, all program participants will receive ongoing
supportive services and referrals. Supportive services are not limited and may continue as long
as necessary. There is no charge for supportive services.
Part N: Participant Self-Sufficiency
(All New Projects Except Dedicated HMIS Projects)
Form HUD-40090-2 15
16012
I. Describe specifically how participants will be assisted both to increase their employment and/or
income and to maximize their ability to live independently. Each transitional housing resident
will work and/or attend school and meet regularly with her assigned case worker. Case manager
will guide transitional housing residents through an empowerment based education program
where their individual, achievable goals will be set, enabling them to achieve independent living.
Educational modules on topics such as money management (budgeting, banking, credit
management), nutrition (grocery shopping, cooking) decision making, goal setting, stress
management, housing, community resources, employability, and time management will be
addressed regularly. Transitional housing residents will also be assisted in obtaining secure/safe
means of housing upon leaving the Shelter, income (employment, health, and human services
benefits, etc), child care for independent lifestyles, and education to enhance positive parenting
skills, etc. In addition, the following types of services will be available to residents ofthe project:
medical and health, assistance in securing government benefits, vocational education and trainin
emergency financial assistance, legal aid and immigration assistance.
2. If you are proposing to serve persons with disabling conditions, please describe how this project
will assist these persons to address their needs. Depending on the degree of their disabling
,_~ondition, SA WCC will assist them with the above 2fograms and services.
Part 0: Ex erience Narrative (All New Pro'ects
1. List the specific type and length of experience of all organizations involved in implementing the
proposed project, including the project sponsor, housing and supportive service providers, and
any key subcontractors. Describe experience directly related to their role in the proposed project
as well as their overall experience working with homeless people. For projects contracting for
and overseeing the construction or rehabilitation of housing or administering rental assistance,
describe experience, as applicable. A project sponsor must meet the same eligibility standards as
applicants.
SA WCC, Inc. was incorporated by a group of concerned citizens as a private Florida non-profit
corporation in 1986. In 1989, a twenty-bed emergency shelter facility was opened to those who wer
homeless as a result of domestic violence. In 2002, a new 30,000 square foot, 60-bed facility was
constructed on time and on budget. Over the years, the Shelter has become a well-respected,
professional and comprehensive domestic violence program serving all of Collier County, Florida.
The Shelter is staffed by 49 well-trained professionals who are given valuable insight from its 10
member volunteer Board of Directors and a 22 member Trustee Council.
Fonn HUD-40090-2 16
16D12
2. Have you ever received a Federal grant either directly from a Federal Agency or through a
state/local agency? ~Yes DNo
If Yes,
a. List all HUD McKinney-Vento Act grants, other than ESG, received after 2001, including
for each grant: the year awarded, grant number, grant amount, and amounts spent to date.
Only list HUD-issued grant numbers. If you are unclear about the HUD grant number
assigned to any project, please contact your HUD field office for assistance. Add rows as
needed.
Year A warded Grant Number Grant Amount Amount Spent to
Date
Example: 2002 CA16B200062 $500,000 $375,412
2003 FLl4B20-6002 $339,000 $339,000
2006 FL14B50-6001 $226,000 0
b. Please explain any delays in implementing any of the grants listed in (2a) above which
exceed the applicable timeliness standards described in the Notice of Funding Availability
(NOF A).
c. Identify any unresolved HUD monitoring findings, or outstanding audit findings related to
any of the grants listed in (2a).
-. --
3. Is the applicant or sponsor a nonprofit organization (rather than a state or unit of local
Government)? ~Yes DNo
If Yes, one of the following must be attached for each organization:
a. IRS ruling, providing tax-exempt status under Section 501 C (3) ofthe IRS Code of 1986, as
amended, or documentation of nonprofit status as described in the Glossary in Section I.A.7
the program section of the NOFA.
b. Public nonprofit community mental health centers must attach a letter or other document
acceptable to HUD from an authorized official stating that the organization is a public
nonprofit organization.
.-J
I
of
~
Part P: HMIS Narrative Dedicated HMIS Pro'ects ONLY
I. Describe how the CoC's homeless needs will be assessed, resources allocated, and services
coordinated more efficiently and effectively through the introduction of a new or expanded CoC-
wide HMIS.
2. Demonstrate that at least 50 percent of the beds (emergency, transitional and McKinney-Vento
permanent housing) listed in the "Current Inventory in 2007" categories in the Fundamental
Components in the CoC System - Housing Inventory Chart will be included in the CoC-wide
HMIS.
3. Name the lead agency designated to oversee the HMIS project.
4. Provide the timetable for implementing the new or expanded HMIS.
5. Demonstrate that no state or local government funds would be replaced with the funding being
requested ofHUD for this project.
Fonn HUD-40090-2 17
16D12
SHELTER FOR ABUSED WOMEN & CHILDREN
"Breaking the cycle of abuse, building hope..."
RESOLUTION BY SA WCC BOARD OF DIRECTORS
We the Board of Directors of the Shelter for Abused Women & Children (SA WCC, Inc.)
do hereby resolve to create an initiative to provide transitional housing for clients of our .
Shelter.
Our goal is to continue sheltering women and children in our 20-bed capacity transitional
housing program and to provide the appropriate services and programs to enable them to
become self-sufficient.
Ifwe receive HUD funding for 50 percent of the projected project costs, we will proceed
in the time frame agreed to. We hereby approve this HUD grant application.
Si",oI thi, 20 ~007
~., ~,,-
James Jessee, President, SA WCC Board of Directors
P.O. Box 10102, Naples, FL 34101 239-775-3862, Fax 239.775-3061 I 24.Hour Crisis Line 239-775-1101 I lmmokalee Office 239-657.5700 I TIY 239-775-4265
Options Thrift Sharpe, 968 Second Avenue North, Naples, FL 34102 239-434-71151 wwv,r.naplesshelter.org I info@naplesshelter.org
The Shelter for Ahused Women & Children is grateful for funding from United Way of Collier County, Department of Children & Families (Domestic Violence Trust Fund) and private contributors.
16D12
SHELTER FOR ABUSED WOMEN&CHILDREN
"Breaking the cycle of abuse, building hope.."
April 20,2007
To: Collier County Financial Administration and Housing Department
From: James Jessee, President, Board of Directors for the Shelter for Abused Women &
Children
Re: Leverage
The Shelter for Abused Women & Children has the ability to sustain and operate the
SA WCC Transitional Housing project for the 20 years required period even should the
SHP support for this project not be renewed. The source of these funds is the Shelter's
Options Thrift Shoppe, which generates in excess of $1 million in annual revenues. The
attached balance sheet indicates that Option's has generated $851,236 in revenue from
July 1 thru February 28,2007, thus providing a stream of revenue that can support
SA WCC's Transitional Housing program.
James Jessee
P.O. Box 10102, Naples, FL 34101239-775-3862, Fax 239-775-3061 I 24-Hour Crisis Line 239-775-1101 I Immokalee Office 239-657-5700 I TIY 239-775-4265
Options Thrift Sharpe, 968 Second Avenue North, Naples, FL 34102 239.434~71151 www.naplesshelter.orgl info@naplesshelter.org
The Shelter for Abused Women & Children is grateful for funding from United Way of Collier County, Department of Children & Families (Domestic Violence Trust Fund) and private contributors.
16 ,,~
'i I
UJ. c.....
Page: 1
SA wee, INC.
Revenue and Expenses
February 28, 2007
Current Month Current Month Year to Date Year to Date
Actual Budget Actual Budget
REVENUES
GRANTS
Government Grant-FCADV t7,884.23 23,083.33 t83,384.tO t84,666.64
Government Grant - Clearinghou 0.00 871.50 10,530.00 7,020.00
Government Grant- TANFffraining 0.00 0.00 6,500.00 0.00
Government Grant-MUD 0.00 9,950.00 t6,634.oo 79,600.00
Government Grant-VOCA 13,846.20 t5,ooo.00 98,S tl.28 t20,000.00
Government Grant-FEMA 0.00 566.67 3,4t4.oo 4,533.36
Government Grant - Hurricane 0.00 0.00 t,749.48 0.00
Government Grant - Emergency 8,7tO.92 8,000.00 43,568.6t 64,000.00
Grant - Stranahan 0.00 2,500.00 30,000.00 20,000.00
Grants - Other t,550.oo 2,9t6.67 43,770.00 23,333.36
Grant - ChildrenslWine 0.00 t2,5oo.oo t50,000.00 tOO,ooo.OO
Grant - Aitria 0.00 2,500.00 30,000.00 20,000.00
Grant - United Way 0.00 t2,083.33 108,750.00 96,666.64
Grant - Lois Cohen 0.00 4t6.67 3,000.00 3,333.36
Grant - O'Neill 0.00 3,750.00 46,800.00 30,000.00
Grant - Elder Abuse 0.00 4,750.00 57,000.00 38,000.00
Community Foundation 3,000.00 2,9t6.67 t7,220.46 23,333.36
Endowment Contributions 0.00 0.00 t42,664.35 0.00
DONATIONS
Donations t7,834.35 13,600.00 397,673.52 108,800.00
TIuift Store t49,tl3.79 11 0,000.00 '.. t1~" 880,000.00
Gifts In Kind 0.00 37,500.00 4t8,906.tO 300,000.00
SPECIAL EVENTS
Fundraising - Ask Event/04 2,205.t2 6,250.00 22,820.05 50,000.00
Fundraising - Ask Event/05 0.00 8,333.33 36,750.00 66,666.64
Fundraising - Ask Event/06 76.92 2,9t6.67 9,903.71 23,333.36
Fundraising - Luncheonl07 157,250.00 23,333.33 485,945.48 186,666.64
Fundraising - Ask Event/07 27,800.00 0.00 32,800.00 0.00
Fundraising - Annual Appeal 435.00 7,9t6.67 46,675.57 63,333.36
OTHER INCOME
Cell Phone Income 408.00 833.33 4,426.50 6,666.64
Giving Tree t,925.oo 833.33 2,425.00 6,666.64
Interest Income to,003.71 5,833.33 70,906.73 46,666.64
Miscellaneous Income 30.00 833.33 270.00 6,666.64
TOTAL REVENUES 412,073.30 319,994.18 3,374,235.92 2,559,953,44
EXPENSES
EMPWYEE COSTS
Salaries t45,539.40 t6O,4t6.66 t,237,243.20 1,283,333.28
Benefits 38,968.44 38,500.00 325,184.55 308,000.00
TOTAL EMPWYEE COSTS 184,507.84 198,916.66 1,562,427.75 1,59t,333.28
OPERATING COSTS
Advertising 2,245.65 t,791.66 13,360.28 t4,333.28
BooksffapeslSub 35.00 4t6.67 2,421.64 3,333.36
Northem Trust Management Fees 490.30 0.00 t,t49.50 0.00
Bankcard Fees & Bank Charges 5,000.87 1,750.00 t4,374.54 14,000.00
Dues & Memberships 283.4t 750.00 6,569.0t 6,000.00
Insurance 2,4t6.71 7,250.00 69,715.71 58,000.00
Mileage 677.47 625.00 5,455.30 5,000.00
Postage t,t58.9t t,250.00 to,709.46 t 0,000.00
For Management Purposes Only
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16012
Certification of Consistency
with the Consolidated Plan
U.S. Department of Housing
and Urban Development
I certify that the proposed activities/projects in the application are consistent with the jurisdiction's current, approved Consolidated Plan.
(Type or clearly print the following information:)
Applicant Name:
Project Name:
Location of the Project:
Name of the Federal
Program to which the
applicant is applying:
Name of
Certifying Jurisdiction:
Certifying Official
of the Jurisdiction
Name:
Title:
Signature:
Date:
SAWCC, Inc. (Shelter for Abused Women & Children)
SAWCC Transitional Housing-Renewal
P.O. Box 10102 (confidential location)
Naples, FL 34101
SHP=Supportive Housing Program
Collier County, Florida
Susan Golden
Grants Administration Manager
Page 1 of 1
form HUD.2991 (3/98)
16 D12
Acknowledgment of
Application Receipt
U.S. Department of Housing
and Urban Development
Type or clearly print the Applicant's name and full address in the space below.
Collier County Hunger and Homeless Coalition, Inc
279 Airport Pulling Road South
Naples, FL, 34104
(fold line)
Type or clearly print the following information:
Name of the Federal
Program to which the
applicant is applying:
('oc ~l.:-",,-1"5 ..h.,fo"t< /1--. ~",,,, /.l 1-1 P
~ ,
To Be Completed by HUD
D
HUD received your application by the deadline and will consider it for funding. In accordance
with Section 103 of the Department of Housing and Urban Development Reform Act of 1989,
no information will be released by HUn regarding the relative standing of any applicant until
funding announcements are made. However, you may be contacted by HUD after initial
screening to permit you to correct certain application deficiencies.
D
HUD did not receive your application by the deadline; therefore, your application will not
receive further consideration. Your application is:
D Enclosed
D Being sent under separate cover
Processor1s Name
Date of Receipt
form HUD-2993 (2/99)
16012
Application for Federal Assistance SF-424 Version 02
"1. Type of Submission: "2. Type of Application " If Revision, select appropriate letter(s)
0 Preapplication 0 New
181 Application 181 Continuation "Other (Specify)
0 Changed/Corrected Application o Revision
3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: "5b. Federal Award Identifier:
FL 14B40-6004
State Use Only:
6. Date Received by State: 17. State Application Identifier:
8. APPLICANT INFORMATION:
"a. Legal Name: Collier County Hunger and Homeless Coalition INC
"b. Employer/Taxpayer Identification Number (EINlTIN): "c. Organizational DUNS:
04-3610154 150713423
d. Address:
"Street 1: 279 A1roor! Pullina Road
Street 2:
"City: Naoles
County:
"State: FL
Province:
"Country: US
"Zip / Postal Code 33990
e. Organizational Unit:
Department Name: Division Name:
f. Name and contact information of person to be contacted on matters lnvolvlng this application:
Prefix: "First Name: Biroit
Middle Name:
"Last Name: Paali-Haack ~li - ~a.a.~'t..
Suffix:
Title: HMIS Administrator
Organizational Affiliation:
Collier County Homeless Coalition
"Telephone Num ber: 239-595-3882 Fax Number:
"Email: bphaack@inccc.org
OMB Number: 4040.0004
Expiration Date: 01131/2009
16012
OMS Number: 4040-0004
Expiration Date: 01/31/2009
Application for Federal Assistance SF-424 Version 02
'g. Type of Applicant 1: Select Applicant Type:
M.Nonprofit w/501C31RS Status(Oth Than Higher Edu
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
'Other (Specify)
'10 Name of Federal Agency:
Housing and Urban Development
11. Catalog of Federal Domestic Assistance Number:
14-235
CFDA Tiije:
SHP
'12 Funding Opportunity Number:
FR-510G-N-14
'Title:
COC Homeless Assistance Prooram
13. Competition Identification Number:
COC-14
Title:
COC Homeless Assistance Prooram
14. Areas Affected by Project (Cities, Counties, States, etc.):
Collier County, FL
'15. Descriptive Title of Applicant's Project:
HMIS Renewal
16012
OMB Number; 4040-{)004
Expiration Date: 01/3112009
Application for Federal Assistance SF-424 Version 02
16. Congressional Districts Of:
'a. Applicant: 14 'b. Program/Project: 14
17. Proposed Project:
'a. Start Date: Sept. 1, 2008 'b. End Date: August 30, 2009
18. Estimated Funding ($):
'a. Federal 104,645
'b. Applicant
'c. State 24,916
'd. Local
'e. Other
'f. Program Income
'g. TOTAL 129,561
'19. Is Application Subject to Review By State Under executive Order 12372 Process?
0 a. This application was made available to the State under the Executive Order 12372 Process for review an_
0 b. Program is subject to E.O. 12372 but has not been selected by the State for review.
0 c. Program is not covered by E. O. 12372
'20. Is the Applicant Delinquent On Any Federal Debt? (If "Ves", provide explanation.)
o Ves o No
21. 'By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply
with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject
me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001)
o "I AGREE
" The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or
agency specific instructions
Authorized Representative:
Prefix: 'First Name: Fred
Middle Name:
"'Last Name: Richards
Suffix:
'Title: Executive Director
'Telephone Number: 239-263-9363 I Fax Number:
'Email: fredrcchhc@earthlink.net
'Signature of Authorized Representative:::l.-;k}A:..--.. I 'Date Signed: 'iJ::G/;,; 7
Authorized for Local Reproduction
Standard Form 424 (Revised 10/2005)
Prescribed by OMB Circular A-102
16 D12
Applicant Certification
These certified statements are required by law.
Previous versions obsolete
form HUD-40090-4
A. For the Supportive Housing (SHP), Shelter Plus Care (S+C), and Single Room Occupancy
(SRO) programs:
Fair Housing and Equal Opportunity.
It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)) and regulations
pursuant thereto (Title 24 CFR part I), which state that no person in the United States shal~ on the
ground ofrace, color or national origin, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under any program or activity for which the applicant
receives Federal fmancial assistance, and will immediately take any measures necessary to effectuate
this agreement. With reference to the real property and structure(s) thereon which are provided or
improved with the aid of Federal financial assistance extended to the applicant, this assurance shaH
obligate the applicant, or in the case of any transfer, transferee, for the period during which the real
property and structure(s) are used for a purpose for which the Federal fmancial assistance is extended
or for another purpose involving the provision of similar services or benefits.
It will comply with the Fair Housing Act (42 U.S.C. 3601-19), as amended, and with implementing
regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color,
religion, sex, disability, familial status or national origin.
It will comply with Executive Order 11063 on Equal Opportunity in Housing and with implementing
regulations at 24 CFR Part 107 which prohibit discrimination because of race, color, creed, sex or
national origin in housing and related facilities provided with Federal fmancial assistance.
!t will comply with Executive Order 11246 and all regulations pursuant thereto (41 CFR Chapter 60-
1), which state that no person shall be discriminated against on the basis of race, color, religion, sex or
national origin in all phases of employment during the performance of Federal contracts and shall take
affirmative action to ensure equal employment opportunity. The applicant will incorporate, or cause
to be incorporated, into any contract for construction work as defmed in Section 130.5 of HUD
regulations the equal opportunity clause required by Section 130.l5(b) of the HUD regulations.
It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12
U.S.C. 1701(u)), and regulations pursuant thereto (24 CFR Part 135), which require that to the greatest
extent feasible opportunities for training and employment be given to lower-income residents of the
project and contracts for work in connection with the project be awarded in substantial part to persons
residing in the area of the project.
It will comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and
with implementing regulations at 24 CFR Part 8, which prohibit discrimination based on disability in
Federally-assisted and conducted programs and activities.
It will comply with the Age Discrimination Act of 1975 (42 U.S.C. 6101-07), as amended, and
implementing regulations at 24 CFR Part 146, which prohibit discrimination because of age in projects
and activities receiving Federal financial assistance.
16D12
It will comply with Executive Orders 11625, 12432, and 12138, which state that program participants
shall take affirmative action to encourage participation by businesses owned and operated by members
of minority groups and women.
If persons of any particular race, color, religion, sex, age, national origin, familial status, or disability
who may qualifY for assistance are unlikely to be reached, it will establish additional procedures to
ensure that interested persons can obtain information concerning the assistance.
It will comply with the reasonable modification and accommodation requirements and, as appropriate,
the accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of
1973, as amended.
Additional for S+C:
If applicant has established a preference for targeted populations of disabled persons pursuant to 24
CFR 582.330(a), it will comply with this section's nondiscrimination requirements within the
designated population.
B. For SHP Only.
20- Year Operation Rule.
For applicants receiving assistance for acquisition, rehabilitation or new construction: The project will
be operated for no less than 20 years from the date of initial occupancy or the date of initial service
provision for the purpose specified in the application.
I-Year Operation Rule.
For applicants receiving assistance tor supportive services, leasing, or operating costs but not
receiving assistance for acquisition, rehabilitation, or new construction: The project will be operated
for the purpose specified in the application for any year for which such assistance is provided.
C. For S+C Only. Supportive Services.
It will make available supportive services appropriate to the needs of the population served and equal
in value to the aggregate amount of rental assistance funded by HVD for the full term of the rental
assistance.
D. Explanation.
Where the applicant is unable to certifY to any of the statements in this certification, such applicant
shall attach an explanation behind this page.
:/
Signature of Authorized\::ertifying Official:
L--.'::~j;:~,
Date:
'1/ z.(/" ?
Title:
f-<<.<:-,_'r;..J.: jJ'(L('h:C
Applicant: For PHA Applicants Only:
(PHA Number)
(0[1.<::( C._.....,,\.- I-f....,....." ,-lJ"
form HUD-40090-4 2
16 D12
Section I: Project Summary Information
P A G I P t I ~ ti (All P )
art . enera rOlec norma on roJects
.
I. Project Priority Number 2. 0 New Project 3. Ifrenewal, list Previous Grant Number:
(From Projec~ Chart previous grant number FL14B40-6004
in Exhibitl): & project identifier
o Check box if project is a ~ Renewal Project number (PIN): PIN Number:
# I Priority Samaritan Bonus
Project
4. HUD-Defined CoC Name: Naples/Collier County COC 5. CoC Number:
FL-606
6. Applicant's Organization Name (Legal Name from SF-424) 8. Applicant's DUNS Number
Collier County Hunger and Homeless Coalition I NC (From SF-424):
7. c:::J Check box if Applicant is a Faith-Based Organization 150713423
~ Check box if Applicant has ever received a federal grant, either directly from
a federal agencv or through a state/local agency
9. Project Applicant's Address (From SF-424) 10. Applicant's Employer
Street: 279 Airport Pulling Rd. South Identification Number (EIN) (From
Citv: Nanles State: FL. Zio: 34104 SF-424): 04-3610154
tl. Contact person of Project Applicant: (From SF-424)
12. ~ Check box if Project
Name: Birgit Pauli-Haack Phone number: 239-262-9363 Applicant is the same as Project
Title: HMIS Administrator Fax number: Sponsor
Email Address: bohaack@inccc.org
13. Project Name: Dedicated HMIS Renewal Project 14. Project's location 6-digit
Geographic Code: 129021
15. Project Address (S+C SRAs, if multiple sites list all addresses including): 18. 0 Check box if Energy Star is
Street: 279 Airport Road used in this project
City: Naples State: FL. Zip: 34104 19. Project Congressional District(s)
16. 0 Check box if project is located in a Rural Area a. 14'h
17. If project contains housing units, are these units: 0 Leased? 0 Owned?
20. Project Sponsor's Organization Name (If diffurent from Applicant) 22. Sponsor's DUNS Number:
150713423
Collier County Hunger and Homeless Coalition, Inc.
21. c:::J Check box if Project Sponsor is a Faith-Based Organization
~ Check box if Project Sponsor has ever received a federal grant, either
directlv from a federal agencv or through a state/local apencv
23. Project Sponsor's Address (if different from Applicant) 24. Sponsor's Employer
Street: 279 Airport Road Identification Number (EIN):
; City: Nanles State: FL. Zio: 34104 04-3610154
25. Contact person of Project Sponsor (if different from Applicant)
Name: Fred Richards Phone number: 239-253-3449
Title: Executive Director Fax number:
Email Address: fredrcchhc@earthlink.net
16012
Part B: Project Summary Budget
81. Su ortive Housin Pro ram (SHP) (All SHP Pro'ects)
a. SHP Pro ram c. Grant Term* (Check only one box)
b. Component Types (Check only one box) IVl D D
D D D i:8l D Safe HavenffH LC>I
TH PH SSO HMIS D Safe HavenIPH 1 Year 2 Years 3 Years
d. Proposed e. SHP Dollars f. Cash Match g. Totals
SHP Activities Re nest (CoL e + Col. f)
1. Acquisition
2. Rehabilitation
3. New Construction
4. Subtotal
(Lines 1 throu 3)
S. Real Property Leasing
From Leasin Bud et Chart
6. Supportive Services
From Supportive Services Budget Chart
7. Operations
From Operating Budget Chart
8. HMIS
From HMIS Budget Chart
9. SHP Request
(Subtotal lines 4 through 8)
10. Administrative Costs
(U to 5% of line 9)
11. Total SHP Request
(Total lines 9 and 10)
*New projects must be 2 or 3 years, except new HMIS projects and new hold harmless reallocation
projects, which can be t, 2 or 3 years.
99,662.00
24,916.00
124,578
99,662.00
4,983.00
Total
Cash Match
Total Budget
(Total SHP
Request + Total
Cash Match)
$129,561.00
104,645.00
24,916.00
16D12
Part F: Project Leveraging Chart (All Projects)
HUD homeless program funding is limited and can provide only a portion of the
resources needed to successfully address the needs of homeless families and individuals.
HUD encourages applicants to use supplemental resources, including state and local
appropriated funds, to address homeless needs. Please be aware that undocumented
leveraging claims may result in a re-scoring of your application and possible
withdrawal of your conditional award(s). For further instructions for filling out this
section, see the Instructions section.
Type of Source of Identify Source as: Date of Value of
Contribution Contribution (G) Government* Written Written
or (P) Private Commitment Commitment
Examnle: Child Care CDBG G 2/t5/06 $10,000
NO Written commitmen
"Government sources are appropriated dollars. TOTAL: $
Part H: Renewal Performance (All Renewal Projects)
Are there any unresolved HUD monitoring findings, or outstanding audit
fmdings related to this project? If "Yes," briefly describe.
1. DYes 0No
Are there any significant changes in the project since the last funding
approval? Check all that apply:
D Number of persons served: from to .
D Number of units: from to --: -
D Location of project site~ -
2. DYes 0No D Line item or cost category budget changes more than 10%.
D Change in target population.
D Change in project sponsor.
D Change in component type.
D Other:
Please explain changes:
16012
-
H: Renewal Performance (Continued) N/A
(For all S+C, SHP-PH, SHP-TH, SHP-Safe Haven, and SSO Renewals):
Use information from the most recently submitted Annual Progress Report (APR) to answer
questions 3, 4, and 5. If an APR has not yet been submitted for this renewal project, please
check the NIA box and skill these questions. C8J NIA
3. Permanent Housing (PH) Performance (To be filled out by all SHP and S+C renewal
permanent housing projects, including both SHP-PH and SHP-Safe Haven permanent housing).
Complete the following chart using data based on the most recently submitted APR Questions 12(a)
and 12(b):
a. Number ofparticinants who exited PH project(s)--APR Question 12(a)
b. Number of participants who did not leave the project(s)--APR Question 12 (b)
c. Of those who exited, how many stayed 7 months or longer in PH-APR Question l2(a)
d. Of those who did not leave, how many stayed 7 months or longer in PH-APR question 12(b)
e. Percentage of aU participants in PH projects staying 7 months or longer %
[(c + d) divided by (a + b)] x 100 = e. Example: [(16 + 15) divided by (20 + 20)] x 100 = 77.5%
4. Transitional Housing (TH) Performance (To be filled out by all SUP renewal transitional
housing projects, including both SHP-TH and SHP-Safe Haven transitional housing).
Complete the following chart using data based on the most recently submitted APR Question 14:
a. Number of participants who exited TH project(s)--including unknown destination
b. Number of participants who moved to PH-from any destination identified as permanent housing
c. Of the number of participants who left TH, what percentage moved to PH? %
(b divided by a) x 100 = c Example: (14/18) x 100 = 77.7%.
16012
Section II: Project Budgets
Part I: SHP Project Budgets (All SHP Projects as Applicable)
15. SHP HMIS Budget (All SHP Projects with HMIS Costs)
- --
SUP Dollars Requested
UMIS Costs Year 1 Year 2 Year 3 Total
Equipment
1. Central Server(s)
2. Personal Computers and Printers
3. Networking
4. Security
Subtotal:
Software
5. Software/User Licensing
6. Software Installation
7. Support and Maintenance
8. Supporting Software Tools
Subtotal:
Services
9. Training by Third Parties
10. Hosting/Technical Services 3,000 3,000
11. Programming: Customization
12. Programming: System Interface
13. Programming: Data Conversion
14. Security Assessment and Setup
15. On-line Connectivity (Internet Access)
16. Facilitation
17. Disaster and Recovery
Subtotal:
, Personnel
18. Project Management/Coordination 78,000 78,000
19. Data Analysis
20. Programming
21. Technical Assistance and Training
22. Administrative Support Staff
Subtotal:
, HMIS Space and Operations
23. Space Costs 16,176 16,176
24. Operational Costs 2,486 2,486
Subtotal:
, 25. Total SUP HMIS dollars requested: * 99,662
16 D12
* Total of Line 25 must be no more than 80 percent of the Total HMIS Costs entered on Line 27.
26. Total cash match to be spent on SHP 24,916.00
eligible HMIS activities:
27. Total HMIS Costs** 124,587
"The Total HMIS Costs includes the SHP dollars requested on line 25 and the cash match entered on line 26. The
total on line 27 must match line 8, column g., on the Project Summary Budget
----
SURVEY ON ENSURING
EQUAL OPPORTUNITY
FOR ApPLICANTS
U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
OMBNo.1890-o014
(EXP.2/28/2009)
Purpose: The Federal government is committed to ensuring that all qualified applicants, small or large, non-religious or liIith-
based, have an equal opportunity to compete for Federal funding. In order for us to better understand the population of applicants
for Federal funds, we are asking nonprofit private organizations (not including private universities) to fill out this survey.
Upon receipt, the survey will be separated from the application. Information provided on the survey will not be considered in any
way in making funding decisions and will not be included in the Federal grants database. While your help in this data collection
process is greatly appreciated, completion of this survey is voluntary.
Instructions for Submittim' the Survey: If you are applying using a hard copy application, please place the completed survey in an
envelope labeled "Applicant Survey." Seal the envelope and include it along with your application package. If you are applying
electronically, please submit this survey along with your application.
Applicant's (Organization) Name: _CoUier County Hunger and Homeless Coalition,
INe
Applicant's DUNS Number:
150713423
Grant Name:
SHP
CFDA Number: 14.235
1. Does the applicant have 50 I (c)(3) status?
~ Yes
ONo
4. Is the applicant a lilith-based/religious
organization?
2. How many full-time equivalent employees does
the applicant have? (Check only one box).
DYes
,El No
~ 3 or Fewer
04-5
o 6-14
015.50
051-100
Dover 100
5. Is the applicant a non-religious community-based
organization?
gYes
ONo
3. What is the size of the applicant's annual budget?
(Check only one box.)
6. Is the applicant an intermediary that will manage
the grant on behalf of other organizations?
DYes
,~NO
o Less Than $t50,000
g('$150,000 - $299,999
o $300,000 - $499,999
o $500,000 - $999,999
o $1,000,000 - $4,999,999
7. Has the applicant ever received a government
grant or contract (Federal, State, or local )?
E1 Yes
ONo
8. Is the applicant a local affiliate of a national
organization?
o $5,000,000 or more
DYes
QNo
Internal Revenue Service
Director, EO Rulings & Agreements
P,O 8",,2508
Cincinnati, OH 4520 I
16 D12
Department oOhe Treasury
Date: April 5.2007
Empluyer Identification Number:
04-3610154
Document Luwtor Number:
17053-083-80803-7
Toll free Number: 877-829-5500
CJ1LIEE CO(]~ITY HUNGEP P..ND HOtilELESS r::::OP<LITJ::ON
~-
Hie
379 AJ::RPCRT PULLING RO S
N,Z\?LES, ?L 3 i\l12
Acknowledgement afYour RelJlll!st
We received your Form 8734, Support Schedule for Your Advance Rul ing. or other information regarding
your public support status. When communicating with us, please refer to the employer identification number
and document locator number shown above.
"L1e tax exempt ,tatus under section 50 l(c)(3) of the Internal Revenue Code remains in effect.
What Happens Next?
The information you submitted was entered into our computer system:lt our processing center in Covington,
;":mtucky, and has been sent to our Cincinnati office for initial review. \Ve approve some cases based on this
review. If this is the case, you will receive a letter stating that you are a publicly supported organization.
If the review indicates that additional information or changes are necessary, YOLlr case will be assigned to an
Exempt Organization Specialist in Cincinnati who will call or write you. We assign cases in the order we
receive them.
If the additional information indicates that you meet one of the public support tests, you will receive a letter
stating that you are a publ icly supported organization. If the public support tests are not met, we will send
you a letter re-classifYing you as a private foundation. That letter will tell you why we believe you do not
meet the public support tests, and will include a complete explanation of your appeal rights.
When Can You Expect To Initially Hear From Us About Your Application?
Normally, you may expect to hear from us within 120 days. If you do not, you may call our toll free number
at 1-877-829-5500 Monday through Friday. Please have your identi!ication numbers available so that we can
.!entity your case. If you would rather write than call. pleas<: include a copy of this notice with your
correspondence.
\.jotrce 3369 leg) - (Rev. 12/2000)
16D12
:;'11'::::::: ~_:..r., ?E~/G?:l;.2: 3ER\,'ICE
DEPARTMENT OF THE TREASURY
P. .'). :;0:-: 2508
C=2'TC=:.:-::~_:'_':'!, OH .J5201
CaLL'::,,:' ~OUNTY 2WIGER .".ND
COAL'::TIOI1 '::NC
2001 ..:.1RPOP.T PULLING RD S
NAPLES, FL 34112
HOMELESS
Employer Identification Number,
04-3610154
DLN:
17053070055042
Contact Person:
TRACY D POST 1D# 31471
Contact Telephone Number:
(877) 829-5500
Accounting Period Ending:
December 31
Foundation Status Classification:
509(a)(1)
Advance Ruling Period Beg5..ns:
February 20, 2002
Advance Ruling Period Ends:
December 31, 2006
Addendum Applies:
No
~at= :
,U A\/ 1 5 2002
Dear .;pplicant:
B2sed on information you supplied, and assuming your operations will be as
stated ir. your application for recognition of exemption, we have determined you
3re exempt from federal income tax under section SOl(a} of the Internal Revenue
Code as an organization described in section SOlCe) (3).
Because you are a newly created organization, we are not now making a
final de~e~minacion of your foundation status under section 509(a) of the Code.
HOf.....eve~, '."e have determined that you can reasonably expect to be a publicly
supporced organization described in sections 509 (a) (1) and 170 (b) (1) (A) (vi)
Accordingly, during an advance ruling period you will be treated as a
:Jubli.c.:..... sUDpcrted organization, and not as a private foundation. This advance
~uling ~erl;d begins and ends on the dates shown above.
Wl:~in 90 days after the end of your advance ruling period, you must
send us ~he information needed to determine whether you have met the require-
ments or t~e applicable s~pport test during the advance ruling period. If you
,;:scab::"':'3n :hat lOU have been a publicly supported organization, we will classi~
tv YOLl .::is a section 509 (a) (1) or 509 (a) (2) organization as long as you continue
t~ mee~ ~~e ~equirements of the applicable support test. If you do not meet
:he pu~~~= 3upporc requirements during the advance ruling period, we will
classi:";' :';.ou 3.S3. private foundation for future periods. Also, if we classify
','au ,lS .1. ;::::-i'.."ate foundation, we will treat you as a private foundation from
"c~r 8,.:~_-:..:;::i.::.9 iate Eor purposes of section 507 (d) and 4940.
~_~:;=8~3 and concributors may rely on our determination that you are not a
:J:'::"llf,-'F:':: _-='..2;-:j.:.l.=.:>:~r. until 90 days after the end of your advance ruling period.
" ya~ ?2~~ ~5 :~e required information within the 90 days, grantors and
::::::;:-1=::-:"~ -:: ~;3.-.- :":.::Jr,::' :.nue to rely on the advance determination until we make
Letter 1045 !DO/CG)
Exhibit 3
16012
-2-
COLLIER COUNTY HUNGER AND HOMELESS
a final determination of your foundation status.
If we publish a notice in the Internal Revenue Bulletin stating that we
will no longer treat you as a publicly supported organization, grantors and
contributors may not rely on this determination after the date we publish the
notice. In addition, if you lose your status as a publicly supported organi-
zation, and a grantor Or contributor was responsible for, or was aware of, the
act or failure to act, that resulted in your loss of such status, that person
may not rely on this determination from the date of the act or failure to act_
Also, if a grantor or contributor learned that we had given notice that you
would be removed from classification as a publicly supported organization, then
the,t person ma:r not rely on this determination as of the date he or she
acquired such knowledge.
If you change your sources of support, your purposes, character, or method
of operation, please let us know sa we can consider the effect of the change on
your exempt status and foundation status. If you amend your organizational
document or bylaws, please send us a copy of the amended document or bylaws.
Also, let us know all changes in your name or address.
As of January 1, 1984, you are liable for social security taxes under
the Federal Insurance Contributions Act on amounts of $100 or more you pay
each of your employees during a calendar year. ~You are not liable for the
imposed under the Federal Unemployment Tax Act (FUTA).
to
tax
Organizations that are not private foundations are not subject to the pri-
vate foundation excise taxes under Chapter 42 of the Internal Revenue Code.
However, you are not automatically exempt from other federal excise taxes. If
you have any questions about excise, employment, or other federal taxes, please
let us know.
Donors may deduct contributions to you as provided in section 170 of the
Internal Revenue Code. Bequests, legacies, devises, transfers, or gifts to you
or for your use are deductible for Federal estate and gift tax pUrposes if they
meet the applicable provisions of sections 205S, 2106, and 2522 of the Code.
Donors may deduct contributions to you only to the extent that their
contributio[1.s are gifts, i.tith no consideration received. Ticket purchases and
sl~ilar payments in conjunction with fundraising events may not necessarily
qualify as deductible contributions, depending on the circumstances. Revenue
Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives
guidelines regarding when taxpayers may deduct payments for admission to, or
other participation in, fundraising activities for charity.
You are not required to file Form 990, Return of Organization Exempt From
Income Tax, if your gross receipts each year are normally $25,000 or less. If
you receive a Form 990 package in the mail, simply attach the label provided,
ch"'-k the: box in the heading to indicate that your annual gross receipts are
nl~-,-,::ally $25,000 or less, and sign the return. Because you will be treated as
a public cha:::ity for return filing purposes during your entire advance ruling
period, you should file Form 990 for each year in your advance ruling period
Letter 1045 (DO/CG)
16 D12
-3-
COLLIER COmJTY HUNGER AND HOMELESS
chat you exceed the $25,000 filing chreshold even if your sources of supporc
do noe satisfy che public supporc cesc specified in che heading of chis letcer.
If a recurn is required, it musc be filed by che lSch day of che fifch
monch after che end of your annual accouncing period. A penalcy of $20 a day
is charged when a return is filed late, unless there is reasonable cause for
che delay. However, the maximum penalty charged cannoc exceed $10,000 or
5 percent of your gross receipts for the year, whichever is less. For
organizations with gross receipts exceeding $1,000,000 in any year, the penalty
is $100 per day per return, unless there is reasonable cause for the delay.
The maximum penalty for an organization with gross receipts exceeding
$l,OOO.ooo shall not exceed $50,000. This penalty may also be charged if a
return is not complete. So, please be sure your return is complete before you
file ic.
You are not required to file federal income tax returns unless you are
subject to the tax on unrelated business income under section 511 of the Code.
If you are subject to this tax, you must file an income tax return on Form
990-T, Exempt Organization Business Income Tax Return. In this letter we are
not determining whether any of your present or proposed activities are unre-
lated trade or business as defined in section 513 of the Code.
You are required to make your annual information return, Form 990 or
Form 990-EZ, available for public inspection for three years after the later
of the due date of the return or the date the return is filed. You are also
required to make available for public inspection your exemption application,
any supporting documents, and your exemption letter. Copies of these
documents are also required to be provided to any individual upon written or in
person request without charge other than reasonable fees for copying and
postage. You may fulfill this requirement by placing these documents on the
Internet. Penalties may be imposed for failure to comply with these
requirements. Additional information is available in Publication 557,
Tax-Exempt Status for Your Organization, or you may call our toll free
number shown above.
You need an employer identification number even if you have no employees.
If an employer identification number was not entered on your application, we
will assign a number to you and advise you of it. Please use that number on
dll returns you file and in all correspondence with the Internal Revenue
Service.
This determination is based on evidence that your funds are dedicated to
the ourposes listed in section 501 (c) (3) of the Code. To assure your continued
excrllpt..:_;n, you should keep records to show that funds are spent only for those
purposes. If you distribute funds to other organizations, your records should
show Y/heche:c they are exempt under section 501 (c) (3). In cases where the
re'=:pi,~r:c .:)rganization is not exempt under section 501 (c) (3), you must have
evidence th,J.t the funds !,.,rill remain dedicated to the required purposes and that
che ~ecioient will use the funds for those purposes.
It .,'0:..1 ,jist.~ibute funds to individuals, you should keep case histories
Lecter 1045 (DO/CG)
16012
-4-
COLLIER COUNTY HU1IGER AND HOMELESS
showing the recipients I names, addresses, purposes of awards, manner of selec-
tion, and relationship (if any) to members, officers, trustees or donors of
funds to you, so that you can substantiate upon request by the Internal Revenue
Service any and all distributions you made to individuals. (Revenue Ruling
56-304, C.B. 1956-2, page 306.)
If we said in the heading of this letter that an addendum applies, the
addendum enclosed is an integral part of this letter.
Because this letter could help us resolve any questions about your exempt
status and foundation status, you should keep it in your permanent records.
We have sent a copy of this letter to your representative as indicated
in your power of attorney.
If you have any questions, please contact the person whose name and
telephone number are shown in the heading of this letter.
Sincerely yours,
Cr:- d? '"'" '
7""",~r;'7~
Steven T~ Miller
Director, Exempt Organizations
Enclosure(s)
Form 872-C
Letter 1045 (DO/CGJ
16 D12
Applicant/Recipient
Disclosure/Update Report
U.S. Department of Housing
and Urban Development
OMS Approval No. 2510-0011 (exp. 8/31/2009)
Instructions. (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.)
licantJReci ient Information Indicate whether this is an Initial Report 0 or an Update Report 0
1. ApplicanURecipient Name, Address. and Phone (include area code): 2. Social Security Number or
Collier County Hunger and Homeless Coalition Employer 10 Number:
279 Airport Pull ing Road South 04-3610154
Naples, FI. 34104
(239) 263-9363
3. HUO Program Name
SHP
4. Amount of HUD Assistance
RequestedlReceived
104,645.00
5. State the name and location (street address. City and State) of the project Of activity:
279 Airport Pullin9 Road South Naples. FI. 34104
Part I Threshold Determinations
1. Are you applying for assistance for a specific project or activity? These
terms do not include formula grants. such as public housing operating
subsidy or CDBG block grants, (For further information see 24 CFR Sec.
4.3).
IZI Yes 0 No
2. Have you received or do you expect to receive assistance within the
jurisdiction of the Department (HUD) , involving the project or activity in this
application, in excess of $200,000 during this fiscal year (Oct. 1 - Sep. 30)?
For further information, see 24 CFR Sec. 4.9
DYes IZI No.
If you answered "No" to either question 1 or 2, Stop! You do not need to complete the remainder of this form.
However, you must sign the certification at the end of the report.
Part II Other Government Assistance Provided or Requested I Expected Sources and Use of Funds.
Such assistance includes, but is not limited to, any grant, loan, subsidy, guarantee, insurance, payment, credit, or tax benefil.
DenartmentlStatelLocal Anencv Name and Address
TVnA of Assistance
Amount ReauestedlProvided
ExDActed Uses of the Funds
(Note: Use Additional pages if necessary.)
Part III Interested Parties. You must disclose:
1. All developers, contractors, or consultants involved in the application for the assistance or in the planning, development, or implementation of the project or
activity and
2. any other person who has a financial interest in the project or activity for which the assistance is sought that exceeds $50,000 or 10 percent of the assistance
(whichever is lower).
Alphabetical list of all persons with a reportable financial interest in Social Security No. Type of Participation in
the r'act or activi For individuals, ive the last name first or Em I 10 No. P .ectlActivi P
(Note: Use Additional pa9es W necessary.)
Certification
Warning: If you knONingly make a false statement on this form, you may be subject to civil or criminal penalties under Section 1001 of Title 18 of the United
States Code. In addition, any person who knavYingly and materially violates any required disclosures of information, including intentional non-disclosure, is
subject to civil money penalty not to exceed $10,000 for each violation.
I certify that this information is true and complete.
Signature:
~,-;~-
Date: (mmlddlyyyy)
x
.0 4- l. G !u'~ 7
Form HUD-2880 (3/99)
. ------
CCHHC Code of Conduct I 1 6 D 1 2
.
COLLIER COUNTY HUNGER AND HOMELESS COALITION
CODE OF CONDUCT
Physical Address: 279 South Airport Rd.
Naples, FL. 34101
Number: 239-253-3449
.
The Collier County Hunger and Homeless Coalition (CCHHC) maintains high
ethical standards of conduct. CCHHC has established guidelines to assist contract
employees and volunteers in the performance of their duties The guidelines that appear
below are not exhaustive. Contract employees, Board of Director volunteers and
Coalition representatives should remember that inappropriate actions, whether
specifically mentioned in this policy or not, will be subject to inquiry and may be subject
to disciplinary action, No CCHHC representative shall engage in any act that is in
conflict with, or creates an appearance of unfairness or conflict with, the performance of
official duties The following prohibited acts are in cont1ict ofCCHHC standards of
conduct. Article 12 and section 4.12.1 have been extracted from CCHHC's Bylaws,
adopted the 7th Day of September, 2004. All Board of Directors are provided an
introduction and overview of the Bylaws within 7-14 days of accepting responsibilities of
this function, to ensure familiarity and full understanding of the articles and
responsibilities therein
Note: The Following Numbering is in conjunction with and extracted from
numbering present in Bylaws for purposes of reference.
ARTICLE 12
Prohibited Acts
12.1 Sharinl! in Coroorate Earnin2s No Director, ofticer, employee, agent,
representative or member of a committee of or person connected with the Coalition, or
any other private individual shall receive at any time, any of the net earnings or pecuniary
profit from the operations of the Coalition. This shall not prevent the payment (subject to
Sectionl2 hereof) to any such person of such reasonable compensation as shall be fixed
by the Board of Directors for services rendered to or for the Coalition in effecting any of
its purposes; and no such person or persons shall be entitled to share in the distribution of
any of the corporate assets upon dissolution of the Coalition.
.
,
16 D12
CCHHC Code of Conduct ~
I 2_2 Self- DealiDl~
(a.) For purposes of this Section 12, the term "disqualified person" shall mean any
(i) Director, officer or manager of the Coalition, (ii) substantial contributor to the
Coalition (as defined in Section 507(d)(2) of the Internal Revenue Code and its
Regulations, as they now exist or as they may be amended), (iii) spouse, lineal
ancestor, lineal descendant or spouse of a lineal descendant of any person
described in item (i) or (ii) of this sentence, (iv) owner of a twenty percent (20%)
or greater interest in any substantial contributor to the Coalition, or (v)
corporation, partnership or trust or estate in which the persons described in items
(i), (ii), (iii), and (iv) of this sentence in the aggregate have greater than a thirty-
five percent (35%) voting, ownership or beneficial interest.
(b) No disqualified person (as defined in Subsection 12,2(b) hereof) shall enter into
or "be a party", directly or indirectly, in any transaction, contract or business
relationship with the Coalition or relating or incidental to operations of the
Coalition, nor shall any disqualified person receive from or contribute to the
Coalition, directly or indirectly, any goods, services, facilities, compensation,
expenses, funds or other property unless such transaction, contract, business
relationships, receipt or contribution shall be excluded from the definition of
"self-dealing" set forth in Section 4941(d) of the Internal Revenue Code and its
Regulations, as they now exist or as they may be amended
4.12.1 Conflict of Interest. A conflict of interest may exist when the personal, or
pecuniary interests or concerns of any director, officer or staff member, or said person's
immediate family, or any party, group or organization to which said person has
allegiance, may be seen as competing with the interest or concerns of the Coalition Any
possible conflict of interest, or appearance of a conflict of interest, shall be disclosed to
th" Board of Directors by the person concerned When such conflict of interest is relevant
[U a matter requiring action by the board of directors, the interested person shall call it to
the attention of the Board of Directors, and such person shall not discuss or vote on the
matter. The minutes of the meeting of the Board shall reflect that the conflict of interest
was disclosed and that the interested person did not participate in the tinal discussion or
vote. When there is doubt as to whether a conflict of interest exists, the matter shall be
resolved by a vote of the Board of Directors, excluding the person whose situation has
created doubt
.
.
16D12
CCHHC Code of Conduct 3
further, in order to avoid even the appearance of impropriety:
1 Any unsolicited gifts received by staff must be disclosed to the executive director.
2. Any items received by the contracted persons and/or Board of Directors must be
disclosed to the Executive Director or the President of the Board.
3. Any items or gifts received by the Executive Director must be disclosed to the Board
President
Corrective Action for Contract Employees and/or Board of Directors
Whenever contracted employees breach required and prescribed rules, disciplinary action
will be undertaken to correct and curtail any further occurrence The following are the
various forms of disciplinary action that may be used at the discretion of the Executive
Director and/or Board of Directors I) verbal warning, 2) written warning, 3) suspension,
and 4) termination Disciplinary action will depend on the circumstances and severity of
each case, In some instances, it may be necessary to pass a form of discipline and
progress immediately to another form of discipline, ie., issuing an immediate written
warning, or going from a verbal warning to termination,
Dis miss allResi gna tio n
Grounds for immediate dismissal or resignation of contracted employees and/or
Board of Directors include any blatant cont1ict of interest as described above,
:1< * * * ;;.
ACCEPTED BY THE BOARD OF DIRECTORS on the 4th. day of October, 2005.
/7' ,','
. //~//// <//
Slgnature;,' -/,-(.:- ~ ~~F ,- l/ ~
TITLE' /'//r' /;
. ,_, "/,, 7"/'./kJ
Printed name: f!;'d//'I ?c/ 1// /',,,,,,..J
Date /;";/1 L/u 5
PROJECT NAME: On. by On. Inll!
CONTRACTIWORK ORDER IIODFICATlON 16 D 2
CHECKliST FORM 5
PROJECT #: DR 05-01 PROJECT MANAGER: UN OIen
BIDIRFP #.lfA..-MOD'; LPOt 4500091326
DEPARTMENT: Houslna and Human SerIlCllS
WORK ORDeR .: "{A
CONTRACTORtARM NAME: One by 0...
Original Contract Amount: $ 415.000
(Starting Point)
Current BeC Approved Amount: $ 415.000
(Last Total Amount Approved by the BCC)
Current Contract Amount $ 415.000
(Inducing All Cha0Q8S Prior To Thil Modlficauon)
Change Amount: $ 00.00
Revised Con1nlctlWork Order Amount: $ '"4 *..5; 00 0
(Induding This Change Order)
Cwnulativ. Dollar Va".. of Chang.. to
thl. ContrllctJWC)I1( Order: $ 00.00
Date of Last BCC Approvlll 512312007
Agenda 1t8m # 16025
Percentage of the chang. overlunder current contract amount
Formula: (Revised Amount flast BCC approved amount)-1
CURRENT COMPLETION DATE (8): ORIGINAL: ADrII~. 2D09
o %
CURRENT: Seotember 18. 2009
Thb change order will: 0 Add. new T.sk for $
othIf
De8crlbe the change(.): Clat1b: contract execu1lon dllte and ........wortc ,ched",le.
o 1m:...... Tak Number
by$
Specify the reasons for the change(.) (i' 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity
Adjustments r 4. Correction of Errors (PlantI, Speclflcatlone or Scope of Work) r 5. Value Added
r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative Impacts to the project if this change order were not processed: ~
This c.... was reques1ed by: ncontradorlColl8uttantX Owner rI Uetng Department r CDES
Co..tgn Professional rJRegulatory Agency (Specify) r Other (Specify) Mutual
CONTRACT SPEaAUST PARTICIPATION IN NEGOTIATIONS: r Yes XNO
Date:
.~ / /
J:t:.Z~ /0~
/
7:1) t~
Date:
Date: '1/.;' ro 9
16D25
EXHIBIT A-I Contract Amcsdmenl for Subrecipient Agreemcut
Florida Administrative Code98B"'l CFDA# 14.228
"One by One LoadmhipFoundation Inc."
This amendment, dated
by and between tbe partIes to
referred to as Subrecipient) an
referred to as "County").
2009 to the referenced agreement shall be
original Agreement, One by One Leadership Foundation Inc. (to be
Collier County, a political subdivision of tbe state of Florida, (to be
Statement of VadenhI....C
RE: Contract Florida Administrative Code 9BER06 # 14.%28 "One by One Leadership Foundation Inc.".
In order to continue the services provided for in the <'orillinl1l Agreement document referenced above, the
Sub-Recipient agrees to amend the above referenced ~t as follows:
Note: Words 5tPllek .....gh have beeD deleted. Words underlined have been added.
IlL TIME OF PERFORMANCE: On page 2 aU3 amend as follows
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
timely release of funds for this projoct by DCA under Agrec:mmt No. 07DB-3V-09-2I-oI-Z 01. -ltte
.....he .. .hllil .,. th, ... .. of .....lt811 . .r ..... ............t. II!lnd .- Services of the
SUBRECIPIENl' shall be undertaken and completed in light of the purposes of this Agreement. 1n any
event, all services required hereunder shall be Qonlpletcd by the SUBRECIPJENT prior to April 39, 2Q09
~eptember 18.2009. Any funds not obligated by tbe expil'lrion date of this Agreement shall automatically
revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below.
I :~:, ~be, 18,2009
Please note thaJ if any of these activities exceed the lime/lne3 by two montlu a revised work schedule must
be submitted IQ HHS
N()'fh;;!,~ schedules n iae:tm:t for ~ DlQOitmAitreauiramet1~ I'JD,ly.I@~.as~..usocr bx
HOUSING AND. HtlMAN SERVICES... .en..1 tar_ p. radleii' tIt_ Iiriet DOI'bmanc:e rocrufremiS~.
EXHIBIT A.I Contract Amendment tbr Subrccipie.nt Agreement
fo'lorida Adminbtndive Code 98ER06-1 CFOAN 14.228
"'One by Om Loadenhip FOW'ldldotllnc."
Paee2of2
16D25
IN WITNESS WHEREOF, the Sub-Recipient and the Owner have each. respectively, by an authorized
person or agent, hereunder set their hands and seals on thejdate(s) indicated below,
All other tenns and conditions oCthe agreement sludl rem,in in force.
'p Foundation lno
Witness
~~
- '~WVrVtJl. 1/ Awvn ell!-.
Print Name and Title
Accopted: ~ 2009
Owner:
BO~ OF COUNTY COMMISSIONERS
COijLlER COUNTY, FLORIDA
PROJECT 9>PRDIN~JOR
'y.' (}
By: ,;,~'j. ,.'Y,::, C- /:'('[ 'l_
oot. List Oien
DEPAiT DIRE
By: .
:" Marc)'
rnYoi{TI
By. . ".. .
fa RamMy
~:~AU~)(,J'!
"'yO _..'''''''''-.___......,'__..<<.~_~''''"__~_._..,''''''..~c_,.. ...'""""~~,''''''''''_'""'",....".,,,>,_,,,..,,~
CONTRACTIWORK ORDER MODFlCATION
CHECKLIST FORM
16D26-
PROJECT NAME: St. Matthew's Hur. Hard.
BIDJRFP #~MOD #: LPO# 4li9j)O"~20
DEPARTMENT: Housina and Human ServIcee
PROJECT # DR 05.04 PROJECT MANAGER: Us. Olen
WORK ORDER': N1A
CONTRACTORIFIRM NAME:
~ MaUhew'. HouM '!'C.
CUn-ent BCC Approved Amount:
$ 213J34
(Starting Point)
$ 2t3.lt~
(Last Total Amount Approved by the BCe)
$ a11M
(Induding All Changes Prior To This Modification)
Original Contract Amount:
CUrrent Contract Amount:
Change Amount:
Revtsed ContrIIctlWork Order Amount:
s Q9ftlJJ
$...... cQ 3 9, q 3 t.J
(Induding This Change Order)
Cumul8tlve Dollar Value of Changes to
this ContractJWork Order:
$ 00.00
Date of LalSt Bce Approval 512~OO7
Agenda Item 1# 16026
Ptlrcentage of the change over/under current contract amount
Formula: (Revised Amount f Last BCC appI"OVfJd amount).1
CURRENT COMPLETION DATE (5): ORIGINAL: APril. ~
o %
CURRENT: Seotember 18.2009
Thl. change order will: 0 Add a new Task for $
o lnc;re... Tuk Number
by$
Ottw
Describe the change(.): Clarify contract execu1Ion date and amend work .a.edule.
Specify the reasons for the change(l) r. 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity
Adjustments r: 4. Correction of Errors (ptans, Speclftcatlons or Scope of Work) r: 5. Value Added
r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negotive Impacta.to tho p_1f thlo cho~o order..... not p~: fJ .Jr{f".f! r
I.<HLLdJ /Y1 ~f, A~ ~ {!,flU-!l(c-br/.
This change was requested by: ncontractDrlConsuttant ~ Owner n Usfng Department r CDES
rDeeign Professional rlRegulatory Agency (Specify)
r Other (Spocify) Mutual
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
r Yes ~o
D* cP~(.jt
This fonn Is to be slgred ~d dated;;;.)
APPROVED BY: ..rXilr? (>-1...(.,1.....
Aiject Manager
APP~VE~Y:
REVIEWED BY: ~... ~ 1/ ,
Con eelaflst
Yi)~
Date:
5!J7!{)9
I
Date:
16D 26
EXHIBIT A-I Contract AmeadmOl1t for SubTecipient Agreement
Florida Administrative Code 9BER06-1 CFDA# 14.228
"St. Matthew's House Inc."
This amendment, dated
by and between the parties to the,
Subrecipient) and Collier County,
"County").
2009 to the referenced agreement shall be
riginal Asrament, St. Matthew's House Inc. (to be referred to as
political SQbdivisi01l of the state of Florida, (to be referred to as
Stltement of UbdtnfiIlMlI.&
RE: Contract Florida Administrative Code 9BER06 #1".228 "St. Matthew's House Inc.".
In order to continue the services provided for in the original Agreement document referenced above.. the
Sub-Recipient agrees to amend the above referenced Agr<<rment 8ll follows:
Note: Words stNek thfellgh bave been deleted. Words underlined have been added.
III. TIME OF PERFORMANCE: On page 2 of23 amend as follows
The effective date of this Agreement llDd all rights and duties designated hereunder are contingent upon the
timely release of mnds for this project by DCA undcIt Agreemeot No. 07DB.3V-09-2J-OI-Z 01. ~
........ ..... _III 1M: ... I..... .... eJ.....Ii_ &f. Wi, .'\f:NIm- _ m. Services of the
SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement In any
event, all services required herewtder shall be comploted by the SUBRECIPIENT prior to April 39, 2009
Seotember 18. 2009. Any funds not obligated by the expiratiOn dBte of this Agreement shall automatically
revert to the COUNTY, as set forth in Part vm F (e). and Part vm H below.
G. Work &bedule: On page 18 of23 amend as 1QIIOWIl
ITuk
Work comp1etion .:
I~='
April, 2009 September 1 S, 2009
Pltl!fH lIeW IItdI I{ fHIY It Hwt1 oolMIk., (.!(of..'tJCrJ Ihe ,lmeI#MN It). hWI /n/jlf/ltt d f'ft'iidefJ ~f'ftr. HherhJ8 IftifflI
he 311BTflilted to HHS.
N9'mi '%!~r\'pedul~arcip eft'bd for pr,oJU'1m lno(1i~~i"gr<<tlt_enuooIY, and Q wdl Me_eel by
HOUSING AND HUMAN SElRVICES at p:'ln taftlll goals AII~ 1J!u strict .m1lt0ll rcquimDmf$.
160 26
EXffiBIT A-I Contract Amendment for Subrecipient A~em
Florida Administrative Code 98EK06-1 CFDA# 14.228
"St. Matthew's House Inc.'"
Page 2of2
IN WITNESS WHEREOF, the Sub-Recipient and the Owner have each. respectively, by an authorized
person or agent, hereunder set tbeir hands lU1d seals on die date(s) indicated below.
All other tenus and conditionsofthe agreement shalll'cri'uw in force.
Subrecipient:
St. Matthews House lne
^ceopted: atJ )(,.2009
Owner:
8y:k~L-
. Rw. VlIl1D R Ellison
Executive Director
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Witn"
(~~
(llltcp C;' IV;f- T",,,,t'F
Print Name and Title /!t:.-:f J.lh<-
;1t (, If.
PRomCT COORDINATOR
l;t~" /~
By: '.' ....'!':, (Y:(L'l
, Usa OiCl1
D~.P..Z.TM :.;;t-
By: ............... .~ -t'
/' 'Marcy Krum no
D. IV,'.I~ ~NAOMtNIS.~ T,O.. ....
I/'~"" /J. ,.I,
BY/I 'I" jh'l " .' .
II Marla Jbmsey r
\
CONTRACT SPECIALIST ,...,
By:~2? I {t)..?/,
lOD33
CONTRACTIWORK ORDER MODFlCATION
CHECKLIST FORM
PROJECT NAME: Hatcher's PNeerve
PROJECT # g~ 95-42 PROJECT MANAGER: Us.Olen
BID/RFP # N1A MOD #: LPO# 4500099317
DEPARTMENT: Houstna and Human s.mc..
WORK OROER #: N1A
CONTRACTORIRRM NAME: ~DOit...1MI1t AllIance of ~L
Current Contract Amount:
S 374.645
(Starting Point)
$ 374.141
(Last Total Amount Approved by the BCC)
$ ;174.545
(Induding All Changes Prior To This Modificatlon)
Original Contract Amount:
Current sec Approved Amount:
Change Amount:
Rev.ed ContractlWOrk Order Amount:
s OUO
S-ee:oo- .3 7~ 5 f$
(Including This Chan e Order)
Cumulative Dollar Value of Changes to
this ContractlWork Order:
$ 00.00
Date of Last acc Approval 5/2312007
Agenda Item # 16033
Percentage of the change overlunder current conlract amount
Formula: (Revised Amount fl.a$t BCC approved amol.l'1t)-1
CURRENT COMPLETION DATE (8): ORIGINAL: ~130. zoot CURRENT: Seotember 18, 2009
This change order will: 0 Add a new Taak for $ 0 lncrene T.k Number by $
o %
Other
Deecrlbe the ch8Jlge(.): pIIdI eontract......... datil Met lIIMIICl walk fld*lttle.
Specify the reasons for the change(') r. 1. Planned or Elective r 2. Unfor....n Condition. ("" 3. Quantity
Adju.tments r 4. Correction of Errol'8 (Plane, Speclftcation. or Scope of Work) r: 5. Value Added
r 6. Schedule Adjustments Note: One or more may be checked; depending on the naw.f' of the~Ch~nge{S).
Identify all negaUve Impacts to the project If thla change order were not processed: ~ ad
t<J-1O.-<.~ 11./1 f & I' ~jp iL(f .
This change was requested by: r1Contrac:tlDl1COnsuttant n Owner n ....1"9 Depar1ll'lent r CDES
Coeelgn profenlonal r1Regulatory Agency (Speclfyt
r Other (Specify) Mutual
CONTRACT SPECIALIST PARTICIPATION IN NEGOTlAnONS: r Yes r No
:::::::y~?E~
~ ~ProfecJ Man8ger
AP7.--Y-
REVIEWED BY: ~ hl ~),Hrj
Coo r ~ peclaliet
Date:
j::(/: .It. '. .<',
",,%7~... y
.' ;'
Date:
Date:
;f/0l7/t'P
.
l.6..D 3 3
EXHIBIT A-I Contract ~ndmen1 for Subrecipient Agreement
Florida Administrative Code 98ERCJ6..1 CFDA# 14.228
"Empowennent Alliance ofSoutbwest Florida."
This amendment, dated ~<<< Q -I ;;; h . 2009 to the referenced agreement shall be
by and between the parties to the 0 gina! Agreemertt, EmpowCl'l1lenl Alliance of Southwest Florida (to be
referred to as Subrecipient) and Collier County, a politiQaJ subdivision of the b1ate of Florida. (to be
referred to as "County").
Statement of Undtratanding
RE: Contract Florida Administrative Code 9BER06 /(14.228 "Empowerment Alliance of Southwest
Florida" .
In order to continue the services provided for in the originw Agreement document referenced above, the
Sub-Recipient agrees to amend the above referenced Agr~ement as follows:
Note: Words stftIeIt~ have been deleted. Words underlined have been added.
III. TIME OF PERFORMANCE: On page 2 of2J amend as follows
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
timely release of funds for this project by DCA under Agreement No. 07DB.3Y-09-21-0l-Z 01. =HIe
~l';e eate shell Be \lit IaN'" de,. sf UMlttil;l1l (If 'ltis .".gl'lMl"".Rl..,lfid the Services of the
SUBRECIPIENT shall be undertaken and completed in ugh! of the purposes of this Agreement. In any
event, all services required hereunder shall be completed by the SUBRECIPIENT prior to April 39, 20Q9
September 18. 2009. Any funds not obligated by the expiration date ofthis Agreement shall automatically
revert to the COUNTY, as set forth in Part YI1I F (e), andfJari YIII H below.
G. Work Schedule: On page 18 of23 amend as fi)llows
TAlk
Work completion
End Dahl
~2GG9 September 18,2009
~lIl:fiH 111.&.' an.!'l1,{fflN6 _#"11;<<.' aelAAllhtr I!/fUI.(.'l'tf#l by "I'D ffttffftM (f NIt"$SM II tNIt: INl/tcth4k JtWl
fw suhmitted (6 HHS.
NOT~: Work sch:S!lWlltS IlJ'C it! cft'q~t for prtlw:am mpnilonng reguIrements onlv. and as s~h arc used })~
HOUSINP AND HUMA'N ~ERYICES"iCDl:J'l'Il tMWt foals rather than strict pe.rfonnal1ce requtreme.DU."
EXHIBIT A-I Contract Amendment for Subrecipient Agreemcn.
Florida Administrative Code 9BER06-1 CFDA# 14.228
"Empowennent Alliance of Southwest Florida"
Page 2 of2
., 6 D
J.'u33
IN WITNESS WHEREOF, the Sub-Recipient and the Owner have each, respectively, by an authorized
person or agent, herewll1er set their hands and seals on the datc(s) indicated below.
All other terms and conditions of the agreement shall remaIn in force.
d
Chairman
-7~ 1IAn:!#ML
Print Name and Title
Accepted:
,2009
O\:\"ner~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PROJECT COORDINATOR
f C'
"-j ........ '
.-11',".' ... <."
By:'" /u:.,.c<C...........[t L
..... Lisa Oien
:::A:;t~ ~
/ Marty Kru ine
IS /~
CONTrlACT SPECIALIST . "'(
BY~. 'J:! .)} I t"tL~~
. Wo.od
CONTRACTIWORK ORDER IIODfFICATION
CHECKLIST FORM
26D36
PROJECT NAME: ~nd utllltIa PROJECT #: DR 06-93 PROJECT MANAGER: UN OIen
e.DlRFP II: MIA MOD tI: ......L...PO#: 4600018319 WORK ORDER It: MIA
DEPARTMENT: Ho-Ina .. tkma..~ CONTRACTORIFIRII NAME: .......... Dtv. Com. of SW. Fl. Inc.
Original Contract Amount:
$ '123.923
(Starting Point)
Change Amount
ReviMcl ContracrtlWork Order Amount:
$_l:I~~.923
(Leal Total Amoont~lO'I8d by the 8CC)
$ S1~,923
(IndUdlng AR ChI'" P4'tor TO ThII MOCtIcafcn)
$ fOO.DI
$ (Ind=hiS C'~~rd!;:2 "3
cunent BCC Approved Amount:
Current Contract Amount
CumulaUve Dollar V"... 01 Chlngee to
this Contr'lctlWork Order: $ SOp.OO
o.te of LIst BCC Appro..... 5/2312007
Agenda Item # 16036
Percen1lllf of the chlnge ove"under current c:ontnct IIInOUnt
Formula: (ReYi&ed Amouft I Last BCC approved amount)-1
A "/
CURRENT COMPlETION DATE (S): 0RIG1NAL:~. 2009
Dnc::ribe the change(.): Chanae aareeme~. to diNe' DaY
o "Ao
5e.pJ" rg
CURRENT: JJ- . R"2009
SpeCify the reasons for the change(s} 1. X Planned or Elective r 2. Unfo......n COnditions r 3. Quantity
Adjuetments (' 4. Comtc:1IOn of Errors (Plane, SpeclflC8tlone or Scope of Work) r 5. Value Added
(':. 6. Schedule Adjustments Note: one or more may be checked, depending on the nllture ofthe change(s).
Identify all negative Impacts to the project If this change order went not proceesecl: Prolect Delavs.
.
n Using Department C COES
This chM1ge was requested by: rlcontractor/Coneultant
c.o..ign ProfeaIonal nRegulatDry Agency (Specify) ,
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
~r) Mutual
x Yes ~o
Dol<< J.b~,
~
::':'"~:~ ~.... ~d~~
Pro ect Manager
A1!O~ BY:
REVIEWED BY: I~A\" n) 1A )/rnI
~81ist
Dete:
Date: ~ /:;. 7/c/)
jL l:'~~
,..;!l
tJ 36
EXHIBIT A-I Contract Amendment fur Subrecipient Agreement
Florida Administrative Code 9BER06.1 CFDA# 14.228
"Housing Development Corpl)faliml of Southwest Florida Inc."
f.k.a. Collier County Housing otvelopment Corporation
This amendment, dated . 2009 to the referenced agreement shall be
by and between the parties to the riginal Agreement, (-lousing Development Corporation of Southwest
Florida Inc (to be referred to as ubrecipient) and Collier County, a political subdivision of the state of
Florida, (to be referred to as "County").
Statement of UadfnUlldmg
RE: Contract Florida Administrative Code 9BER06 #14.228 "Housing Development Corporation of
Southwest Florida Ine".
In order to continue the services provided for in the ori3inal Agreement document referenced above, the
Sub-Recipient agrees to amend the above referenced Agreement as follows:
Note: Words 9t:nleh thrflligk have been deleted. Words und<<lincd have been added.
III. TIME OF PERFORMANCE: On page 2 uf23 amend as follows
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the
timely release of funds for this project by DCA under Agreement No. 07DB-3V-09.21-01-Z 01. ;M
IIlAeoti'l. dBte &h$lbe t1w I... "lde oIt.........r this. .I..gt~I_IIl, and 1M Services of the
SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any
event, all services required hereunder shall be completed by the SUB RECIPIENT prior to April 39, 20()9
September 18. 2009. Any funds not obligated by lhe expitlltion date of this Agreement shall automatically
revert to the COUNTY, as set forth in Part VIII F (e). aodPurt VIII H below.
G. Work Schedule: On page 18 of23 amend as follows.
Tuk
Work completion
~ad Ink
AfJri!,2Q09 September 18,2009
PktINe itfIkllltol '--MY ttf JIHw HIM". a1f8eWlt~ lime/i/llw by ^~'6 ,flfHfIM a I'eviBefl w19..k 5~J'tliiMfI /fffIM
he ,,,,hmitted 16 HHS.
N~~.~W~ ~e~~A~ in eff~et tQl'prtllit'llU' monltorloJ requu.mcnts onlY and as sueh. ~ used by
H .. . G 0 H .. N SERVICES ill ",Mral tarect eO"II~er lhan strict pcrformlUlce requirements.
l6D36
EXHIBIT A-I Contract Amendment for Subrecipient Ag;r1'emeflt
"Housing Development Corporation of Southwest Florida Inc."
Florida Administrative Code 9BER06-1 CFOA# 14.228
Page 2 of2
IN WITNESS WHEREOF, the Sub-Recipient and the Owm:r have each. respectively, by an authorized
person or agent, hereunder set their hands and seals on the <iate(s) indicated below.
All other tenns and conditions of the agreement shall t'C1TIlIin in force.
^"""ed:~2009
Subrecipient:
Housing Development Corporation
of Southwest Florida IDe
Owner:
BY~~f.~
K thy Pa rson
F.xecutlve Din:ttor
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1resi /
/1(~<4 Il~l '"
-f~7'Sf IMsJI ~. !?!.t'*r,f!ttllJ/59-
Print NlUDe Itld Title
PROJECT <;OOJ(Dl~rOR.
( l - t:
_ .::::/'7;--~_/_-{<~ _ " ,/./... ~ ."
By. __._",,:1.1) .~ .<+ \....._
.. LiSa Oien
'Marcy Kntmb
--t;!
DEPAl\TMENT DIRECT
By:
('" ,........w................
DIVt AD. INl.SfRA1nR
"f. 7-
a;/- .. .~..
Marla Ramsey ,..-'
CONT~RA SPECIALIST (. ....' /
,,,. .., A... /
By.~ , cJLL '!L.Uc:' '
16E2
MEMORANDUM
Date:
May 29,2007
To:
Lyn Wood, Contract Specialist
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re:
Contract #07-4101
"Annual Contract for ADA Surveying and
ADA Specific Architectural Design"
Contractor: CH2M Hill, Inc.
Enclosed are three (3) original contract documents, as referenced above
(Agenda Item #16E2) approved by the Board of County Commissioners on
Tuesday, May 22, 2007.
The Finance Department and Minutes & Records Department have retained
a copy.
If you should have any questions, you may contact me at 774-8406.
Thank you,
Enclosures (3)
ITEM NO.:
DATE REClv9D~ 2
FILE NO.:
ROUTEDTO:O?~ fRc--0o6 tz-
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
~!
Date: May 23, 2007
To: Office of the County Attorney
Atteflti6F1' Flsl;Jgr;;t ZaSRarY I~" po ~ p~
From: Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
Re: Contract: 07-4101 "Annual Contract for ADA Surveying
Specific Architectural Design"
Contractor: CH2M Hill, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on May 22, 2007; Agenda
Item 16.E.2.
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
C: Damon Gonzales, Facilities Mgmt.
16E2
MEMORANDUM
FROM: Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department
DATE REctlVED
AfAY 2
~ 2007
RISK
I1ANA.Gft./ENr
TO: Wayne Fiyalko
Risk Management Department
DATE: May 23,2007
RE: Review Insurance for Contract: 07-4101 "Annual Contract for
ADA Surveying and ADA Specific Architectural Design"
Contractor: CH2M Hill, Inc.
This Contract was approved by the BCC on May 22, 2007; Agenda Item
16.E.2.
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 2667.
S;( ~-\. JO"1 ~
~~'^ ~-
dod/LW
C: Damon Gonzales, Facilities Mgmt.
16E2
Contract 07-4101
Annual Contract for ADA Surveying and ADA Specific Architectural Design
CONTRACT FOR PROFESSIONAL SERVICES
....., "..l
THIS AGREEMENT is made and entered into this ..d. day of (III. 0. Y
2007,
by
and between the Board of County Commissioners for Collier County, Florida, a political subdivision of
the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and CH2M Hill, Inc.
authorized to do business in the State of Florida, whose business address is 5801 Pelican Bay, Suite
505, Naples, Florida 34108 (hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, it is in the best interests of OWNER to be able to obtain professional
CONSULTANT American Disabilities' Act (ADA) architectural services expeditiously when a need
arises in connection with a Collier County project; and
WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act),
makes provisions for a fixed term contract with a firm to provide professional services to a political
subdivision, such as the County; and
WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of
Section 287.055, Florida Statutes, to provide professional CONSULTANT ADA architectural
services on a fixed term basis as directed by OWNER for such projects and tasks as may be required
from time to time by OWNER.
A-1
16 E ,2.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE 1
CONSULTANT'S RESPONSIBILITY
1.1 From time to time upon the written request or direction of OWNER as hereinafter provided,
CONSULTANT shall provide to OWNER professional Consultant ADA architectural services
(hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services
authorized by written Change Order as hereafter provided.
1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a proposal and purchase order
issued pursuant to the procedures described herein. Reference to the term "assignment" herein, with
respect to authorization of Services, includes all written amendments or revisions to any particular
proposal and purchase order. CONSULTANT acknowledges and agrees that each individual
assignment shall not exceed two hundred thousand dollars ($200,000) unless otherwise approved in
writing by the Board of County Commissioners, and that the total initial compensation for all
assignments issued under this Agreement shall not exceed seven hundred fifty thousand dollars
($750,000) annually, unless otherwise approved in writing by the Board of County Commissioners of
Collier County.
1.2.1 All Services must be authorized by OWNER in the form of a purchase order.
CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in
a purchase order. Any Services provided by CONSULTANT without a purchase order shall be at
CONSULTANT'S own risk and OWNER shall have no liability for such Services.
A-2
16E2
1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to
the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services,
said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation and schedule for
performance of those Services, a purchase order shall be prepared which incorporates the terms of
the understanding reached by the parties with respect to such Services.
1.2.3 Upon execution of a purchase order as aforesaid, CONSULTANT agrees to promptly
provide the Services required thereby, in accordance with the terms of this Agreement and the subject
purchase order.
1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the
Services shall be determined solely by OWNER and that OWNER does not represent or guarantee
unto CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this
Agreement or purchase order, or to obligate OWNER in any manner or way.
1.2.6 All duly executed purchase orders (including all written changes thereto) are hereby
incorporated into and made a part of this Agreement by reference.
1.3 The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
A-3
16E2
governmental agencies responsible for regulating and licensing the professional Services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.4 The CONSULTANT agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization or
other form of legal entitlement to practice such Services, it shall employ and/or retain only qualified
personnel to provide such Services to OWNER.
1.5 CONSULTANT hereby designates John W. Mogge, Jr., PhD, RA as its Principal in Charge
(hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate
CONSULTANT on all matters arising out of or relating to this Agreement. For each purchase order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project
coordinator for the Services to be provided under that purchase order (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the Services to
be provided and performed under the purchase order. Further, the Project Coordinator has full
authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the
purchase order. The CONSULTANT agrees that the Principal in Charge and the Project
Coordinators shall devote whatever time is required to satisfactorily manage the services to be
provided and performed by the CONSULTANT under the purchase order. CONSULTANT further
agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT
without OWNER'S prior written approval, and if so removed must be immediately replaced with a
person acceptable to OWNER.
A-4
16E2
1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from
Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, or any
other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform any of the Services pursuant to the requirements of this Agreement or any
applicable purchase order, said request may be made with or without cause. Any personnel so
removed must be immediately replaced with a person acceptable to OWNER.
1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type
of professional ADA architectural services that will be required under this Agreement. The
CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement
shall be subject to the OWNER'S review and approval and shall be in accordance with the generally
accepted standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or have
jurisdiction over the Services to be provided and performed by CONSULTANT hereunder. In the
event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such
conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such
conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its
obligation to deliver complete and accurate documents necessary for successful completion of the
Services required under the subject purchase order
1.7.1 The County reserves the right to deduct portions of the monthly invoiced task amount for
the following: Tasks not completed within the expressed time frame, including required deliverables,
incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements
A-5
16E2
and/or codes and ordinances applicable to Consultant's performance of the work as related to the
project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole
determination regarding deductions. After notification of deficiency, if the Consultant fails to correct
the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The
County may also deduct or charge the Consultant for services and/or items necessary to correct the
deficiencies directly related to the Consultant's non-performance whether or not the County obtained
substitute performance.
1.8 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper performance of
the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings
where such information has been properly subpoenaed, any non-public information concerning the
Services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its
employees, agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be
submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida
State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference
specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter
Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic)
GPS Network as provided by OWNER. Information layers shall have common naming conventions
(i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry
standard CAD specifications.
A-6
16E2
ARTICLE 2
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by Owner through a revision to a purchase order, CONSULTANT shall furnish
or obtain from others Additional Services beyond those Services originally authorized in the purchase
order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth
in the revision authorizing those Additional Services. With respect to the individuals with authority to
authorize Additional Services under this Agreement, such authority will be as established in
OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an
emergency endangering life or property, any Additional Services must be approved in writing via a
revision to the subject purchase order prior to starting such services. OWNER will not be responsible
for the costs of Additional Services commenced without such express prior written approval. Failure
to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim
by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such
Work is not additional but rather a part of the Services originally required of CONSULTANT under the
subject purchase order. If OWNER determines that a change in a purchase order is required
because of the action taken by CONSULTANT in response to an emergency, a revision shall be
issued to document the consequences of the changes or variations, provided that CONSULTANT has
delivered written notice to OWNER of the emergency within forty-eight (48) hours from when
CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48)
hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under the subject purchase order.
A-?
16E2
ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 For each purchase order, OWNER shall designate in writing a project manager to act as
OWNER'S representative with respect to the Services to be rendered under the purchase order
(hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to
transmit instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S Services under the purchase order. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have
the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
(a) The scope of Services to be provided and performed by the CONSULTANT as
set forth in the purchase order;
(b) The time the CONSULTANT is obligated to commence and complete all such
Services as set forth under the purchase order; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT as set forth in the purchase order.
3.2 The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER'S
requirements for the Services specified in the purchase order, including design
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objectives and constraints, space, capacity and performance requirements,
flexibility and expand ability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S possession
pertinent to the Services specified in the purchase order, including existing
drawings, specifications, shop drawings, product literature, previous reports and
any other data relative to the subject purchase order;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the site
(if any) set forth in the purchase order to perform the Services to be provided by
CONSULTANT under the subject purchase order; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the
OWNER with respect to the Services to be rendered by CONSULTANT
hereunder.
ARTICLE 4
TIME
4.1 Attached to each purchase order shall be a computer generated bar graph time schedule
("Schedule") for the performance of the Services required under the subject purchase order. Said
Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by
CONSULTANT shall be commenced, performed and completed in accordance with the purchase
order and the Schedule. Time is of the essence with respect to the performance of the Services
under each purchase order.
4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its
own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
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government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs,
then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement
of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right
which CONSULTANT may have had to request a time extension for that specific delay.
4.3 Unless otherwise expressly provided in the purchase order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S Services
from any cause whatsoever, including those for which OWNER may be responsible in whole or in
part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the
right to seek an extension of time to the Schedule; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision.
This paragraph shall expressly apply to claims for early completion, as well as claims based on late
completion.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the Services
to be provided hereunder in a timely manner, in addition to any other rights or remedies available to
the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all
payments due and owing to the CONSULTANT under this Agreement (including any and all purchase
orders) until such time as the CONSULTANT resumes performance of its obligations hereunder in
such a manner so as to reasonably establish to the OWNER'S satisfaction that the CONSULTANT'S
performance is or will shortly be back on schedule.
4.4.1 The County reserves the right to deduct portions of the monthly invoiced amount for
items not completed within the expressed time frame. These funds would be forfeited by the
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Consultant. The County may also deduct or charge the Consultant for services and/or items
necessary to correct the deficiencies directly related to the Consultant's non-performance whether or
not the County obtained substitute performance.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing
Work under any particular purchase order or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any
other damages hereunder.
4.6 The period of service shall be from the date of execution of this Agreement through five (5)
years from that date, or until such time as all outstanding purchase orders issued prior to the
expiration of the Agreement period have been completed. This Agreement may be renewed for an
additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in
writing, by both parties.
ARTICLE 5
COMPENSATION
5.1 Compensation and the manner of payment of such compensation by the OWNER for Services
rendered hereunder by CONSULTANT shall be as prescribed in each purchase order or attached
proposal. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as
specified in the purchase order, a comprehensive and itemized statement of charges for the Services
performed and rendered by CONSULTANT during that time period, and for any OWNER authorized
reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that
time period. The monthly statement shall be in such form and supported by such documentation as
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may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall
indicate the Agreement Number, Purchase Order Number, and Project Site description (if any).
5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly
with a cap or some other agreed to format) contained in each separate purchase order and attached
proposal shall be based on the hourly rates as set forth and identified in Schedule B which is attached
hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services.
The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the
annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER.
5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S
performance of the Services, at its direct cost with no markup, to the extent such reimbursement is
permitted in the purchase order and in accordance with Section 112.061, F.S., or as set forth below.
5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as follows:
5.2.2.1. Expenses of transportation and living when traveling in connection with each
purchase order, except for local travel within Collier or Lee Counties, as
provided in Section 112.061, F.S., and all Contract-related mileage for trips
that are from/to destinations outside of Collier or Lee Counties approved by
, OWNER.
5.2.2.2 Expenses for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
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Specifications, including duplicate sets at the completion of each purchase
order for the OWNER'S review and approval.
5.2.2.3. Expense of overtime work requiring high.er than regular rates approved in
advance and in writing by OWNER.
5.2.2.4. Expense of models for the OWNER'S use.
5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the
purchase order required under the applicable Services.
5.2.2.6 Other items on request and approved in writing by the OWNER.
5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of
the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized
reimbursable expenses, incurred by CONSULTANT in the performance of the Services.
5.4 Prior to issuing any purchase order pursuant to this Agreement, OWNER may request that
CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and
the estimated fees thereof for the proposed work to be specified in the purchase order; and (ii) the
estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services
to be performed by CONSULTANT under the proposed purchase order. CONSULTANT shall
promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis.
5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
by CONSULTANT on any particular purchase order, CONSULTANT shall be limited to a maximum
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markup of five percent (5%) on the fees and expenses associated with such subconsultants and
subcontractors.
5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the purchase
order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by
OWNER.
5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis.
ARTICLE 6
OWNERSHIP OF DOCUMENTS
6.1 Upon the completion or termination of each purchase order, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical
data, other than working papers, prepared or developed by or for CONSULTANT under the applicable
purchase order ("Project Documents"). OWNER shall specify whether the originals or copies of such
Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible
for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own
expense, may retain copies of the Project Documents for its files and internal use.
6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to
pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable
authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to
grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
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Documents to complete the subject project or task following CONSULTANT'S termination for any
reason or to perform additions to or remodeling, replacement or renovations of the subject project or
task. CONSULTANT also acknowledges OWNER may be making Project Documents available for
review and information to various third parties and hereby consents to such use by OWNER.
ARTICLE 7
MAINTENANCE OF RECORDS
7.1 CONSULTANT will keep adequate records and supporting documentation which concern or
reflect the Services hereunder. The records and documentation will be retained by CONSULTANT
for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the
purchase order is completed, whichever is later, or such later date as may be required by law.
OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the
right to audit, inspect and copy all such records and documentation as often as they deem necessary
during the period of this Agreement and during the five (5) year period noted above, or such later date
as may be required by law; provided, however, such activity shall be conducted only during normal
business hours.
7.2 The records specified above in paragraph 7.1 include accurate time records, which
CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each
principal and employee of CONSULTANT in performing the Services and therein specifying the
services performed by each, with all such time records to be kept within one-half of an hour. At the
request of OWNER, or as specified in the purchase order, CONSULTANT shall furnish to OWNER
any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence
and/or payment of any reimbursable expenses.
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ARTICLE 8
INDEMNIFICATION
8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless
OWNER, 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 CONSULTANT or anyone employed or
utilized by the CONSULTANT 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 8.1.
ARTICLE 9
INSURANCE
9.1 CONSULTANT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in
Schedule C to this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the State
of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability
policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of
this Agreement shall name Collier County Board of County Commissioners, Collier County, Florida, as
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an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2 Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at the sole
responsibility and risk of CONSULTANT.
9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained
by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER.
9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.0. form with no limiting endorsements, must reference and identify this
Agreement.
9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for
damages covered by insurance to the extent insurance proceeds are paid and received by OWNER,
except such rights as they may have to the proceeds of such insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required
hereunder must meet the following minimum requirements:
9.5.1 The insurance company must be duly licensed and authorized by the Department of
Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida.
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9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI"
or higher.
ARTICLE 10
SERVICES BY CONSULTANT'S OWN STAFF
10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff,
unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of
the services of any other person or firm by CONSULTANT, as independent consultant or otherwise,
shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall,
however, be construed as constituting an agreement between the OWNER and any such other
person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third
party any claim or right of action against the OWNER beyond such as may then otherwise exist
without regard to this Agreement.
10.2 Attached to each purchase order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that purchase order. Such
personnel shall be committed to the project or task specified in the purchase order in accordance with
the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule
each subconsultant and subcontractor it intends to utilize with respect to the subject purchase order.
All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or
replaced without OWNER'S prior written consent.
1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to
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be bound to the CONSULTANT by the terms of this Agreement and any subsequently issued
purchase order, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement and any subsequently issued purchase order, assumes
toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the
rights of the OWNER under this Agreement, and any subsequently issued purchase order, with
respect to the Services to be performed by the subconsultant or subcontractor so that the
subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the
CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements
with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each
contract entered into between CONSULTANT and each subconsultant or subcontractor, however
nothing in this Agreement shall be construed to create any contractual relationship between OWNER
and any subconsultant or subcontractor.
ARTICLE 11
WAIVER OF CLAIMS
11.1 CONSULTANT'S acceptance of final payment for Services provide under any purchase order
shall constitute a full waiver of any and all claims, except for insurance company subrogation claims,
by it against OWNER arising out of the purchase order or otherwise related to those Services, and
except those previously made in writing in accordance with the terms of this Agreement and identified
by CONSULTANT in its final invoice for the subject purchase order as unsettled. Neither the
acceptance of CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of
any of OWNER'S rights against CONSULTANT.
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ARTICLE 12
TERMINATION OR SUSPENSION
12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is
agreed that either party hereto shall at any and all times have the right and option to terminate this
Agreement by giving to the other party not less than thirty (30) days prior written notice of such
termination. Upon this Agreement being so terminated by either party hereto, neither party hereto
shall have any further rights or obligations under this Agreement subsequent to the date of
termination, except that Services specified to be performed under a previously issued purchase order,
shall proceed to completion under the terms of this Agreement.
12.2 CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for OWNER to terminate this Agreement and any purchase orders in effect, in
whole or in part, as further set forth in this section, for any of the following reasons: (a)
CONSULTANT'S failure to begin Services under any particular purchase order within the times
specified under that purchase order, or (b) CONSULTANT'S failure to properly and timely perform the
Services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a
general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S
principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances,
regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms
and conditions of this Agreement and any purchase orders in effect, or (f) for any other just cause.
The OWNER may so terminate this Agreement and any purchase orders in effect, in whole or in part,
by giving the CONSU L T ANT seven (7) calendar days written notice of the material default.
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12.3 If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable, or
that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to
be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies
against OWNER shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.4 below.
12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), OWNER shall have the right to terminate this Agreement and any purchase orders in effect,
in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In
the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be
limited to that portion of the fee earned through the date of termination, for any purchase orders so
cancelled, together with any retainage withheld and any costs reasonably incurred by CONSULTANT
that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or
further recovery against OWNER, including, but not limited to, anticipated fees or profits on Services
not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent
reasonably possible.
12.5 Upon termination and as directed by OWNER, the CONSULTANT shall deliver to the OWNER
all original papers, records, documents, drawings, models, and other material set forth and described
in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or
under its control arising out of or relating to this Agreement or any purchase orders.
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12.6 The OWNER shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written
notice of such suspension. If all or any portion of the Services to be rendered hereunder are so
suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to
its schedule in accordance with the procedures set forth in Article Four herein.
12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-
five (45) days after such payment is due as set forth in the purchase order or such other time as
required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some
material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued
purchase order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving
written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the
subject purchase order until such default is cured, after giving OWNER a second fourteen (14) days
written notice of CONSULTANT'S intention to stop performance under the applicable purchase order.
If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through
no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or
employees or any other persons performing portions of the Services under contract with the
CONSULTANT, the CONSULTANT may terminate the subject purchase order by giving written notice
to OWNER of CONSULTANT'S intent to terminate that purchase order. If OWNER does not cure its
default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may,
upon fourteen (14) additional days' written notice to the OWNER, terminate the subject purchase
order and recover from the Owner payment for Services performed through the termination date, but
in no event shall CONSULTANT be entitled to payment for Services not performed or any other
damages from Owner.
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ARTICLE 13
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working soleiy for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement or any subsequent purchase order.
13.2 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth-in-Negotiation Certificate, attached hereto and incorporated
herein as Schedule D, certifying that wage rates and other factual unit costs supporting the
compensation for CONSULTANT'S services to be provided under this Agreement and each
subsequent purchase order issued hereafter, if any, are accurate, complete and current at the time of
the Agreement or such subsequent purchase order. The CONSULTANT agrees that the original
price as set forth in each subsequent issued purchase order, if any, and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the price as set forth in
the purchase order was increased due to inaccurate, incomplete, or non-current wage rates and other
factual unit costs. All such adjustments shall be made within one (1) year following the end of the
subject purchase order.
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ARTICLE 14
CONFLICT OF INTEREST
14.1 CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of Services required
hereunder. CONSULTANT further represents that no persons having any such interest shall be
employed to perform those Services.
ARTICLE 15
MODIFICATION
15.1 No modification or change in this Agreement shall be valid or binding upon either party unless
in writing and executed by the party or parties intended to be bound by it.
ARTICLE 16
NOTICES AND ADDRESS OF RECORD
16.1 All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S
address of record:
Board of County Commissioners,
Collier County, Florida
Purchasing Department, Purchasing Building
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/GS Director
Telephone: 239-774-8371
Facsimile: 239-530-6584
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16.2 All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
CH2M Hill, Inc.
5801 Pelican Bay, Suite 505
Naples, Florida 34108
Attention: John W. Mogge, Jr., PhD, RA
Telephone: 239-596-1715
Facsimile: 239-596-2579
16.3 Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE 17
MISCELLANEOUS
17.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2 No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
17.3 This Agreement is not assignable, or otherwise transferable In whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4 Waivers by either party of a breach of any provision of this Agreement shall not be deemed to
be a waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
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17.5 The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6 This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any such
prior agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A NOT USED
Schedule B RATE SCHEDULE
Schedule C INSURANCE COVERAGE
Schedule D TRUTH IN NEGOTIATION CERTIFICATE
ARTICLE 18
APPLICABLE LAW
18.1 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida,
and by such laws, rules and regulations of the United States as made applicable to Services funded
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by the United States government. Any suit or action brought by either party to this Agreement against
the other party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 19
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and
made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each
subsequently issued purchase order, if any, shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates
and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which
read as follows:
"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,
proposal, or reply on a contract to provide any goods or services to a
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public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies 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 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted
vendor list."
ARTICLE 20
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full
decision-making authority and by OWNER'S staff person who would make the presentation of any
settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would make
the presentation of any settlement reached at mediation to OWNER'S board for approval. Should
either party fail to submit to mediation as required hereunder, the other party may obtain a court order
requiring mediation under section 44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
A-28
16E2
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the Consultant is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended. Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the discretion
to unilaterally terminate this agreement immediately.
ARTICLE 22
SUBSTITUTE PERFORMANCE
Substitute Performance
22.1 In the event the Consultant fails to perform any required service within the time schedule under
the contract, the County reserves the right to obtain substitute performance. Further, the County
reserves the right to deduct the cost of such substitute performance from the Consultant's payments.
The Consultant may be exempt from this provision if such exemption is granted by the Project
Manager or his designee, in writing, prior to any delays or as a result of an Act of Nature.
A-29
16E2
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for ADA Surveying and ADA Specific Architectural Design the day and year first written
above.
ATTEST:
BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Broc~, C1e.rk
"~ .
By: O-w.t,' .~~~ r.::x .
Date: 5-~1~
Attest It .~.' CIl4t,.,.
SfonatJlre on).. '. ·
Approved as to form and
legal sufficiency: .
IOl4^ ~
Assistant County Attomey
By:
Ja
CH2M Hill, Inc.
~//~ -
Witness /
q lCY-~j:i~ov2t1
Witness !
8y:~Y~
R..lJ..S'f';,t'II V,Bovve.n
VIce Prp5ident-
Typed Name and Title
A-30
A-31
16E2
MARSH
CERTIFICATE NUMBER
SEA-001021072-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL.Y AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
PRODUCER
MARSH USA, INC.
122517TH SlREET. SUITE 2100
DENVER, CO 80202.5534
COMPANIES AFFORDING COVERAGE
5114 -O0124-ALL-
SWF
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
CH2M HILL, INC.
5801 PELICAN BLVD., SUITE 505
NAPLES, FL 34108
COMPANY
B AMERICAN ZURICH INSURANCE CO.
INSURED
COMPANY
C
COMPANY
o
,.*"r'
~' .
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTlflCA IE MAYBE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDmONS AND EXCLUSIONS OF SUCH POLICIES, AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LT' DATE (MMlOO/YVj DATE (MMIDDIYV)
GENERAL LIABILITY GENERAL AGGREGATE $ 5,000,000
A X COMMERCIAL GENERAL LlABllITY GL03784726.03 05/01/07 05/01108 PRODUCTS" COMPIOP AGG $ 5,000,000
CLAIMS MADE [8] OCCUR PERSONAL & ADV INJURY $ 1,500,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,500,000
X FIRE DAMAGE (Anyone fire) $ 1,500,000
MED EXP (An one erson $
AUTOMOBILE LIABILITY I $ 2,000,000
COMBINED SINGLE LIMIT
A X ANY AUTO BAP8378516-12 05/01/07 05/01/08
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY'
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION ANO
EMPLOYERS' L1ABIL.ITY
B WC8378566-13 (AOS) 05/01/07 05/01/08 $ 1,000,000
B THE PROPRIETOR! X INCL WC8378565-12 (WI & MA) 05/01/07 05/01/08 El DISEASE-POLICY LIMIT $ 1,000.000
PARTNER~EXECU~VE
A OFFICERS ARE: EXeL WC3784761.02 (HI & 10) 05/01/07 05/01/08 El DISEASE-EACH EMPLOYEE $ 1.000.000
OTHER
DESCRIPTION OF OPERATIONSfLOCATIONSIVEHICL.ESISPECIAL ITEMS
RE: PROJECT #07-41 01 - ADA CONlRACT; PM: BILL GRANER.
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER
THE BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY,
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATlON DATE ",EREOF.
",10 INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ----.3..ll DAYS WRITTEN NOTlCE TO THE
COLLIER COUNTY
ATTN: DIANA DELEON
3301 TAMIAMI TRAIL EAST
NAPLES, FL 34112
CERTlFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTlCE SHALL IMPOSE NO OBLlGATlON OR
LIABILITY OF ANY KlND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATlVES. OR THE
ISSUER OF THIS CERTlFICATE
MARSH USA INC.
BY; Sharon A. Hammer <---:;:!i?=--<-<-~-.,. C:(.riICf...-..-w"'-~E--t..J
MM1(3/02) VALID AS OF: OS/23/07
.._-,------~..." ...^_...~----_.-_.__...._-_._,..--._._._.>-~----~'-
16E2
MARSH
CERTIFICATE NUMBER
SEA-001 021 075-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE. COVERAGE
AFFOROED BY THE POLICIES DESCRIBED HEREIN.
PRODUCER
MARSH USA, INC.
1225 17Tl-i STREET, SUITE 2100
DENVER, CO 80202-5534
COMPANIES AFFORDING COVERAGE
5114 -00005-ALL 1-2000
SWF
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
CH2M HILL, INC.
5801 PELICAN BLVD., SUITE 505
NAPLES, FL 34108
COMPANY
B
INSURED
COMPANY
C
COMPANY
o
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE IssueD OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POUCIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClJ\IMS.
CO TYPE OF INSURANce POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LT, DATE (MMIDDIVY) DATE (MM/DDIVY)
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL lIABILITY PRODUCTS - COMP/OP AGG $
CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
FIRE DAMAGE An one fire $
MED EXP An one moo $
AUTOMOBILE LIABiLiTY $
COMBINED SINGLE LIMIT
ANY AUTO
All OWNED AUTOS BODilY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODilY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBREllJ\ FORM
WORKERS COMPENSA nON AND we STATU-
EMPLOYERS' LIABILITY TORY LIMITS
El EACH ACCIDENT
THE PROPRIETOR} INCl EL DISEASE-POLICY LIMIT
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCl El DISEASE-EACH EMPLOYEE
OTHER
A PROFESSIONAL LIABILITY' EOC3829621-05 05101/07 05/01/08 $1.000,000 EACH CLAIM AND
TOTAL FOR ALL CLAIMS
DESCRIPTION OF OPERA TIONSILOCATIONSIVEHICLESISPECIAL ITEMS
RE: PROJECT#07-4101 - AOA CONTRACT; PM: BILL GRANER.
'FOR PROFESSIONAL LIABILITY COVERAGE, Tl-iE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITl-iIN
Tl-iE POLICY PERIOD FOR ALL OPERATIONS OF Tl-iE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE.
SHOULD ANY Of THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ---30. DAYS WRITTEN NOTICE TO THE
COLLIER COUNTY
ATTN: DIANA DELEON
3301 TAMIAMI TRAIL EAST
NAPLES, FL 34112
CERllFICATE HOLDER NAMED HEREIN, BllT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LtABILlTY OF ANY KINO UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE
ISSUER OF THIS CERTIFICATE
MARSH USA INC.
BY: Sharon A. Hammer
MM1(3J02)
<:?,f?C'~.A..<.~,. a. oYa:........."....".,...,E.-(....)
VALID AS OF: OS/23/07
16E2
SCHEDULE C
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the
following minimum requirements with the use of Insurance Services Office (ISO) forms
and endorsements or their equivalents. If CONSULTANT has any self-insured
retentions or deductibles under any of the below listed minimum required coverages,
CONSULTANT must identify on the Certificate of Insurance the nature and amount of
such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations, All self-insured retentions or deductibles will be
CONSULTANT'S sole responsibility,
(2) The insurance required by this Agreement shall be written for not less than
the limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the Services until the date of completion of all Services required
hereunder or as specified in this Agreement, whichever is longer.
(4) Simultaneously with the execution and delivery of this Agreement by
CONSULTANT, CONSULTANT has delivered properly executed Certificates of
insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT
has acquired and put in place the insurance coverages and limits required hereunder.
In addition, certified, true and exact copies of all insurance polices required shall be
provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or
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allowed to expire until at least thirty (30) days prior written notice has been given to the
OWNER, CONSULTANT shall also notify OWNER, in a like manner, within twenty-four
(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverages or limits received by CONSULTANT from its insurer, and
nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by
CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any
insurance or self insurance program carried by the OWNER applicable to this
Agreement.
(6) The acceptance by OWNER of any Certificate of Insurance pursuant to
the terms of this Agreement does not constitute approval or agreement by the OWNER
that the insurance requirements have been satisfied or that the insurance policy shown
on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and
maintain, until the completion of the subconsultant's services, insurance of the types
and to the limits specified in this Section except to the extent such insurance
requirements for the subconsultant are expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance
coverages required herein, the OWNER may terminate the Agreement and any
purchase order issued pursuant to the Agreement or at its sole discretion shall be
C-2
16E2
authorized to purchase such coverages and charge the CONSULTANT for such
coverages purchased, If CONSULTANT fails to reimburse OWNER for such costs
within thirty (30) days after demand, OWNER has the right to offset these costs from
any amount due CONSULTANT under this Agreement or any other agreement between
OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase
such insurance, nor shall it be responsible for the coverages purchased or the
insurance company or companies used, The decision of the OWNER to purchase such
insurance coverages shall in no way be construed to be a waiver of any of its rights
under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires
prior to the completion of the Services required hereunder or termination of the
Agreement or any purchase order, the CONSULTANT shall furnish to the OWNER, in
triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3)
business days after the renewal of the policy(ies). Failure of the Contractor to provide
the OWNER with such renewal certificate(s) shall be deemed a material breach by
CONSULTANT and OWNER may terminate the Agreement or any subsequently issued
purchase order for cause,
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be
maintained by the CONSULTANT during the term of this Agreement for all employees
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engaged in the work under this Agreement in accordance with the laws of the State of
Florida, The amounts of such insurance shall not be less than:
a, Worker's Compensation - Florida Statutory Requirements
b, Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
_X_ $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER
and the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work,
_ Applicable _X_ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work,
_ Applicable _X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes _ No
CA
16E2
(1) Commercial General Liability Insurance, written on an "occurrence" basis,
shall be maintained by the CONSULTANT. Coverage will include, but not be limited to,
Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this
Agreement, Independent Contractors, Broad Form Property Damage including
Completed Operations and Products and Completed Operations Coverage, Products
and Completed Operations coverage shall be maintained for a period of not less than
five (5) years following the completion and acceptance by the OWNER of the work
under this Agreement. Limits of Liability shall not be less than the following:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
X General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the
policy shall be endorsed using the following endorsement wording. "This endorsement
modifies insurance provided under the following: Commercial General Liability
Coverage Part, The General Aggregate Limit under LIMITS OF INSURANCE applies
separately to each of your projects away from premises owned by or rented to you."
Applicable deductibles or self-insured retentions shall be the sole responsibility of
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CONSULTANT, Deductibles or self-insured retentions carried by the CONSULTANT
shall be subject to the approval of the Risk Management Director or its designee.
(3) The OWNER shall be named as an Additional Insured and the policy shall
be endorsed that such coverage shall be primary to any similar coverage carried by the
OWNER.
(4) Coverage shall be included for explosion, collapse or underground
property damage claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit
shown in subparagraph (1) above if applicable to the completion of the Services under
this Agreement.
_ Applicable _X_ Not Applicable
(6) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable
to the completion of the Services under this Agreement.
_ Applicable _X_ Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? J_ Yes _ No
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(1) Automobile Liability Insurance shall be maintained by the CONSULTANT
for the ownership, maintenance or use of any owned, non-owned or hired vehicle with
limits of not less than:
_X_ Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of
the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability,
Commercial General Liability, and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
"drop down" to apply as primary insurance,
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes _ No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT
to insure its legal liability for claims arising out of the performance of professional
services under this Agreement. CONSULTANT waives its right of recover against
OWNER as to any claims under this insurance. Such insurance shall have limits of not
less than:
$ 500,000 each claim and in the aggregate
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_X_ $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of
the CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for a period of not less
than five (5) years following completion of all Services authorized under this Agreement.
(4) The policy retroactive date will always be prior to the date services were
first performed by CONSULTANT or OWNER under this Agreement, and the date will
not be moved forward during the term of this Agreement and for five years thereafter.
CONSULTANT shall promptly submit Certificates of Insurance providing for an
unqualified written notice to OWNER of any cancellation of coverage or reduction in
limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours
after receipt, of any notices of expiration, cancellation, non-renewal or material change
in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy,
CONSULTANT shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy. CONSULTANT shall promptly submit a
certified, true copy of the policy and any endorsements issued or to be issued on the
policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
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(1) In the sole discretion of the County, on a purchase order by purchase
order basis, CONSULTANT may be required to purchase valuable papers and records
coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other
printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability
policy will be purchased, then CONSULTANT agrees to use its best efforts in
cooperation with OWNER and OWNER'S insurance representative, to pursue the
maximum credit available from the professional liability carrier for a reduction in the
premium of CONSULTANT'S professional liability policy, If no credit is available from
CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to
pursue the maximum credit available on the next renewal policy, if a renewal occurs
during the term of the project policy (and on any subsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that
any such credit will fully accrue to OWNER, Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of
OWNER for the provision of project-specific professional liability insurance policy in
consideration for a reduction in CONSULTANT'S self-insured retention and the risk of
uninsured or underinsured consultants.
(2) CONSULTANT agrees to provide the following information when
requested by OWNER or OWNER'S Project Manager:
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a, The date the professional liability insurance renews,
b. Current policy limits,
c, Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if
the policy is replaced by an individual project policy,
f, Cost of professional insurance as a percent of revenue,
g, Affirmation that the design firm will complete a timely project errors and
omissions application.
(3) If OWNER elects 10 purchase a project professional liability policy,
CONSULTANT to be insured will be notified and OWNER will provide professional
liability insurance, naming CONSULTANT and its professional subconsultanls as
named insureds.
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SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section
287,055, Florida Statutes, CH2M Hili, Inc. hereby certifies that wages, rates and other
factual unit costs supporting the compensation for the services of the CONSULTANT to
be provided under the Professional Services Agreement, conceming the Annual
Contract for ADA Surveying and ADA Specific Architectural Design are accurate,
complete and current as of the time of contracting,
CH2M Hili, Inc.
BY~~
TITLE: V; c.-e- 7re":>I'ci-evrt
DATE: 5-d3-01
D-1
- --"..".._~_.~---,..,-,-~--~._,,~,-,,""--~._--~--_'_'-"-
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E 4.
_. TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENt TO .
. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prim OIl piIII: pI!IOr. AlIlIdlIll arisi=l ",--, 0ri&iDal "'--.. 3bCIlId be iIlIII<I cloll_ III d!ll BOUlt 0IIIce. n..camplelod rawiDl ,tip IlIIlI origiDaJ,
I' ........lIIbd'..._dood.llld!llIlCllld.OlIIcaaaly*1IIa1lCllld.Ilallba.Il:liCIl.0Ild!llilOlSl.).
. . ROUTING SLIP ..~.
. Camplola lIllIl:iq JfDa '11llftlqtl t4 II .......... tIr .........., "ar- dalos.l1JIJ/oc iDtaasw:lOIlllaOdC.If d!ll ~is akady camp_ wid1lbc
af.tIIe'"""'-'. _.1Iu lIur.l t4, Iolalbccllecldisr;mdtbrwmllllSalt!'llIaa "1.
Route to A.ddressee(S) . OffIce Initials Date
ill _) .,..,,_
1.
\,0:
2.
3.
4.
5. Sue FIlson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of COurt'S Office
.0.
PRIMARY CONTACT INFORMATION
('The primary _ is ... balder of... origiDal "~-']lCIIdIq Bee applOVlll. NcxmaJly the: primary __ is ... _ wbo =a:dIpreparod ... _vo
SlSIIIIIIlIl)', Primary __ iIItarmaliOll is _ in ... ova<.... of... -=- above. illcludiDl Suo Filsoa, IIeed III cpo.... mfffe< addidoaal e<-I
iafomwica. All origiDal "~-.. aeediDg die Bee 0Wrmm', sipa_ "'" to be detive:ed to ... Bee otIice oaly W:r'" Bee bas :Il:lIII1 III approve ...
item.)
Name of Primary Staff Phone Number
eontact
Agenda Dille Item was Agenda Item Number
A veel b the Bee
Type of Document Number of Original
Allached Documents AtlaI:hed
INSTRUcnONS & CHECKLIST
Initial the Yos column or mark: "Nt A" in the Not Applicable column. whichever is
1.. Original AO'""m_ baa been sip:dIinitiaIed fer legal sUfficiency. (All clocumelllS to be
signed by !he CluIln:aaD. with the exception of IIIllSt Ietter1. must be reviewed and signed
tiy the 0f5ce of !he CoUllly A111:JrMy. 'l'bis iDcludes ';8"'~"'C pages from ordicances.
leSOlur:iODS. ell::.. signed by the County A111:JrMy's Office and signature pages from
conlracl3. ~. ell::.. tbat have been fa1ly execute<! by all parties except the Bee
Chairman and Clerk to the Board and I St:ale Of1iciW.)
2. All bandwritten.Slrike-lbroagh and revisions have been initialed by the County ~y.' s
Office and all other 8rlies the Bee 0laiIman and the Clerk to the Board
3. The Chainpan' s sigDalUre liDe dale baa been enraed as the dale of BeC approval of the
document or the fiDa1 Ill: ' cont:act dale whichever is Iicable.
4. "Sign here" tabs are placed on the "l'1"'"",..;.ue pages indicating where the Chairman's
si and initials are
5. In lIlOSt cases (some COIIlraCtS are an exceptiDn). the origina1 document and this routing slip
should be provided to Sue Filson in the BCe office within 24 hours ofBCC approval.
Some doo........., are time sensitive and require "forwarding to T.n.h...>:c within a certain
time frame or the BCC's actions are lII1Ilified. Be aware of our de.All....!
6. The docnment.... approYed by the BCe ;!- (enter date) and all clumges
made durlDg the _dDg baft been 1Dcorporatea in the .....~h"<l document. The
Coon Atto s Om.:. bas rmewed the If a Boble.
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CONSERVATION COLLIER
TAX I,D, NUMBER 00775440005
Prepared B} 6 E 4
Jennifer A. Belpedio, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between WilLIAM C. SCHERER
and IRENE K. SCHERER, his wife, whose address is 19218 Eastwood Drive, Harper
Woods, Michigan 48225-2043 (hereinafter referred to as "Seller"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to
as "Purchaser"),
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "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, 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. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Five
Hundred Forty Thousand and no/100 ($540,000.00), (U,S, Currency) payable at
time of closing.
III. CLOSING
3,01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications, Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 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.
1
CONSERVATION COLLIER
TAX I,D, NUMBER 00775440005
16E4
(b) Such other easements, restrictions or conditions of record.
3,0112 Combined Purchaser-Seller closing statement.
3,0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3,0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
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,
3,0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth,
3,02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201 ,01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title Insurance Policy
(ALTA Form B-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.
2
16E4
CONSERVATION COLLIER
TAX I,D. NUMBER 00775440005
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 thirty (30) 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 title 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 thirty (30) 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.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) 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 sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
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
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) 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.
V, INSPECTION PERIOD
.
5,01 Purchaser shall have one hundred and twenty (120) days from the date of
this Agreement, ("Inspection Period"), to determine through appropriate
investigation that:
1, Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2, There are no abnormal drainage or environmental requirements to the
development of the Property,
3, The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program,
5.02 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
3
CONSERVATION COLLIER
TAX I,D. NUMBER 00775440005
16E4
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. 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 V shall be deemed waived, In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property,
5,03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation,
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property,
VI. INSPECTION
6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing,
VII. POSSESSION
7,01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8,01 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.
IX, TERMINATION AND REMEDIES
9,01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. 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.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or 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 one-half percent (1/2%) of the purchase
price 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 12.01, (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,
4
CONSERVATION COLLIER
TAX I,D, NUMBER 00775440005
16E4
9.03 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.
X, SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10,01 Seller and Purchaser represent and warrant the following:
10,011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding,
10,012 Seller has full right, power, and authority to 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 contemplated hereby,
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary,
10,013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of 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.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10,015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10,016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10,017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; 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
5
CONSERVATION COLLIER
TAX I,D, NUMBER 00775440005
16E4
represents no storage tanks for gasoline or any other substances are or were
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.
10,018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied,
10,019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property.
10,020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
10,021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same, Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10,022 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,
10.023 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
6
CONSERVATION COLLIER
TAX I,D, NUMBER 00775440005
16E4
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,
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense,
XI. NOTICES
11,01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Facilities Management Department
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Cindy M, Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
William C, and Irene K. Scherer
19218 Eastwood Drive
Harper Woods, Michigan 48225-2043
Telephone number: 313-372-3808
Fax number:
11,02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein, For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes,
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller, Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any,
XIII. MISCELLANEOUS
13,01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13,02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
7
CONSERVATION COLLIER
TAX I,D, NUMBER 00775440005
16E4
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits,
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13,04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof,
13,05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require,
13,06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision,
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day,
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County, (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes,)
13,10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV, ENTIRE AGREEMENT
14,01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
8
16E4
CONSERVATION COLLIER
TAX I,D, NUMBER 00775440005
IN WITNESS WHEREOF, the parties hereto have signed below,
Dated projeCVA)qUisition Approved by L. I. C 4
BCC: SJ-;"~ en ~~ \~ .,.,.](p v
AS TO PURCHASER:
DATED:~
ATTEST:
DWIGHT E. BROCK, Clerk
. ~) n ,:,-,
f"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY ~4f
JA S COLETTA, Chairman
~'~-"~' ~O('
.. ~ttut.,a1to ' l.~ty Clerk'
s1ll11aturt Olll.,
AS TO SELLER:
DATED: f /;;:) () 7
WITNESSES:
(~~ <<. (J~
(Signature)
& /Z> C ,4. /UtJO,</ loA.!
(Printed Name)
BY:
,;l~ e ~tj~
WILLIAM C. SCHERER
~.~~ 1liT;;#~
(Si nature)
I A{;i",i/rI Ii!i:rv, b
(Printed Name)
~J.? xU .
BY:...~ ,~
ENE K. SCHERER .
Approved as to form and
legal sufficiency:
Jen 'er A. Belpedi ,
Assistant County Att
Itern# \{pEtL
A(j8ndaS-22 -01
DEl,e
D3t~ S~d'<-\.-ol
Reed
9
16E4
EXHIBIT "A"
PROPERTY TAX IDENTIFICATION NUMBER: 00775440005
LEGAL DESCRIPTION:
THE SOUTH-HALF (S1/2) OF THE SOUTHEAST QUARTER
(SE1/4) OF SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27
EAST,
SUBJECT TO (AND THE GRANTOR HEREBY RESERVES,
EXCEPTS, GRANTS AND DECLARES) AN EASEMENT FOR
ROADWAY IN FAVOR OF THE GRANTOR AND GRANTEE AND
THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS,
AND ALSO IN FAVOR OF ALL CURRENT OWNERS OF
ABUTTING LANDS AND THE PUBLIC ON, OVER AND ACROSS
THE EAST THIRTY (30) FEET OF THE SOUTH-HALF (S1/2) OF
THE SOUTHEAST QUARTER (SE1/4) OF SECTION 30,
TOWNSHIP 51 SOUTH, RANGE 27 EAST
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 E 6.
. TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO
. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE .
Prim QIl piDl< paper. Alla<:h ID arigiDal """"-r OrigiDal A_.. _ be ~ daII_1D die BOIrtI 0lIIce. hCClllp_ raouiDg slip lad aril!iDal
'J - ,......ID belb......dod.1D die 1lcIftl0lll= cmIy*1fIloBOIrtIha .......acl!al.QIl die =a.)
". ... . . ROUTINGSLlP . .. .
. Campilllll'llll1iDgllDm 1l-.nfl4.. ............ltr......._I.;IP'.- daIa. mdI....~.."".-.If die ~~is ako:utyClllllplelo Wilh lbc
ottllei"l' 's' dmr._ 1I..dl #4, iIIIltllec:lla:ldlst;lIIlIlbrwudlD~F!lsaII(I/IIe~.
Route to Addressee(s) . Office Initials Date
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1.
PRIMARY CONTACT INFORMA nON
('llrlO primary - is lbc bcJdor of die orisDzal dccumeo' pcoding Bee ",prom NormaJly tile primary COIIClCt is tlI. pCl'SOII who ~ <lie executive
SIUIDDal'y. Primary COIlCICt iDiarmarioa. is aeeded. ill tbc cv=c ODe of tbe :lddre:sces ~ve. inc.tw1iu1 Sue Filscn. aeea to cpIlt:ll:t sr:tfffar :Idrlirioa.al or missiug
iIIformalioa. All oril!iDal A~-'1_g tlIo Bee Chairman', sipoue "" to be dellverea to <lie Bee office ollly aib:r die Bee bas _ to approve tlIe
ileaL)
Name of Primary Slllff
Contact
Agenda Dace Item was
ved b che BCC
Type of Doc:ument
A1rached
\.';
2.
3.
4.
5. Sue FIlson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
Number of Original
Documents Attached
Phone Number
Agenda Item Number
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"NIA" in the Not Applicable column. whichever is
1. OrigiDal dccument has been sig!=:l/'mitialed for legalstif!iciency. (All documents to he
signed by the Chairman, with the exception at most letters. must he reviewed and signed
liy the Office of the County A11rmJey. This includes signature pages from orr!iTllln""".
resolutiom. etc. sig:aed by the County Attcrney's 0fIice and signature pages from
contracts, &green:IeDts, ere. tbat bave been fully ex.ecuted by all parties except the BCC
Chaizman and Clerk to the Board and I Stale otlicials.)
2. All lwldwritten.strike-throagh mi revisions bave been initialed by tbe County ~: s
otlice and all other . es the BCe Chairman and the Cerk to che Board
3. The ("'!,.~.n' S signature line date has been entered as the date of BCe approval of the
dccument or the fina1 lie dated contract date whicbever is Iicable.
4. "Sign here" tabs are placed on the appropriate pages i:ndicating where the Chairman's
si and initials are
S. In most cues (so_ contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCe office within 24 hol1r.l of BCe approval.
So_ documents are time seDSitive and require10rwartling to T.n.h"see within a certain
time frame or the BCe's actioDS are nulli1ied. Be aware of our deadlines!
6. The do--n~"'1t was approved by the BCe aD 0 i (eater date) and all changes
made during the """""'"g baft beell iDA:orporated in the ~_..h"(/ doc:nment. The
Coon Atto " 0t!Ica bas rl!'Viewed the 1!5, if a llcable.
....
T)'f-& j/1
llP
Yes N/A (Not
(Initial) licable)
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~ - Olamy 1'ormsI BCC _ 0rigiDaI ""'""'"-.. RoatiDg Slip WWS OrigiDal9,0J,04, Revised l.26,as. Revised. U4.as
CONSERVATION COLLIER
TAX I,D. NUMBER 00775480007
PI" ...J 6 E6
JeWriiiffN A. Belpedto. llq.uJrlil
OfflcS of the County ~ttorniV
S3tJ1 East Tamlaml Trill
Naples, Florida 3411'
(239) 774.8400
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between JAMES L. PRICE, JR.,
an unremarried widow, whose address is c/o Mary C, Price, Attorney-In-Fact, 7830
Masonboro Sound Road, Wilmington, North Carolina 28409 (hereinafter referred to as
"Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL
34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "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, 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. PAYMENT OF PURCHASE PRICE
2,01 The purchase price (the "Purchase Price") for the Property shall be One
Hundred Thirty-Five Thousand and nol100 ($135,000.00), (U,S, Currency)
payable at time of closing,
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto, The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida, The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3,011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law, At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 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,
1
CONSERVATION COLLIER
TAX I,D, NUMBER 00775480007
16E6
(b) Such other easements, restrictions or conditions of record,
3,0112 Combined Purchaser-Seller closing statement.
3,0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service,
3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
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,
3,0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth,
3,02 Each party shall be responsible for payment of its own attorney's fees, Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form 8 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title Insurance Policy
(AL T A 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.
2
CONSERVATION COLLIER
TAX I.D. NUMBER 00775480007
16E6
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 thirty (30) 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 title 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 thirty (30) 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.
4,013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) 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 sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
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
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) 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,
V, INSPECTION PERIOD
5,01 Purchaser shall have one hundred and twenty (120) days from the date of
this Agreement, ("Inspection Period"), to determine through appropriate
investigation that:
1, Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations,
2, There are no abnormal drainage or environmental requirements to the
development of the Property.
3, The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination,
4, The Property can be utilized for its intended purpose,
5,02 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 waive the applicable
3
CONSERVATION COLLIER
TAX I,D, NUMBER 00775480007
16E6
contingencies or to terminate this Agreement. 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 V shall be deemed waived, In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property,
5,03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property,
VI. INSPECTION
6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing,
VII. POSSESSION
7,01 Purchaser shall be entitled to full possession of the Property at Closing,
VIII. PRORATIONS
8,01 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,
IX. TERMINATION AND REMEDIES
9,01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. 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.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or 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 one-half percent (1/2%) of the purchase
price 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 12.01, (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,
4
CONSERVATION COLLIER
TAX I.D, NUMBER 00775480007
16E6
9,03 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.
X, SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10,01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding,
10,012 Seller has full right, power, and authority to 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 contemplated hereby,
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10,013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing, Purchaser's acceptance of 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.
10,014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10,015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof,
10,016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10,017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; 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
5
CONSERVATION COLLIER
TAX I.D, NUMBER 00775480007
16 E6
represents no storage tanks for gasoline or any other substances are or were
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.
10,018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied,
10.019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property,
10,020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
10,021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing, Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same, Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10,022 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.
10,023 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
6
CONSERVATION COLLIER
TAX I,D. NUMBER 00775480007
16E6
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,
10,024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense,
XI. NOTICES
11,01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Facilities Management Department
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
James L. Price, Jr.
c/o Mary C, Price, Attorney-In-Fact
7830 Masonboro Sound Road
Wilmington, North Carolina 28409
Telephone number: 910-799-2411
Fax number: 910-793-9793
11,02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes,
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any,
XIII. MISCELLANEOUS
13,01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
7
CONSERVATION COLLIER
TAX I,D, NUMBER 00775480007
16E6
13,02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits,
13,03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller, Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties,
13,04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13,05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13,06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision,
13,07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day,
13,08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13,09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County, (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV, ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party, No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller, Time is of the essence of this
Agreement.
8
CONSERVATION COLLIER
TAX I.D, NUMBER 00775480007
16E6
IN WITNESS WHEREOF, the parties hereto have signed below,
Dated ProjecV Acquisition Approved by
BCC: .V~/07 ~dA- /1em#J&E~
AS TO PURCHASER:
DATED: sj(),;J./O 7
ATTEST:
DWIGHT E. BROCK, Clerk
.-:. . ~nl.flO
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY dc.~ 41
JAM COLETTA, Chairman
~"
(fuM~ 17-"l~ 0,.(
,'. - -. , ~puty Clerk
Attes\.'te"~~ .
::'tQIIIt~ 0111-
AS TO SELLER:
DATED: L/ .../Cj -01
WITNESSES:
t:::h
fJo..rn 'Ber r t-
(Printed Name)
~~ J,;~
(Signature
Mfr~~ L;e,)
(Printed ame)
BY:
Approved as to form and
legal sufficiency:
Ilem# 110 FL~
Agenda 5- -".,. ;:, -t\
Date U U
[)CiIP. 5-?-Lt--u
Reed
9
EXHIBIT "A"
PROPERTY TAX IDENTIFICATION NUMBER: 00775480007
LEGAL DESCRIPTION:
WEST HALF (W1/2) OF THE NORTHWEST QUARTER (NW1/4)
OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 30,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA
16E6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 E 7'
. TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO
THE BOARD OF COUNTY COMWSSIONERS OFFICE FOR SIGNATURE
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PRIl\1ARY CONTACT INFORMATION
("The primluy """'"'" is die boldc of die origiDal d<>cumoD. p..mng Bee approval. NonmJly die primary __ is die p= who ~ die executive
SlUIIDIlIry.1'riDw1' CCIltIct iDtatmatiOll is _ ill die e.... _ of die oddre:s:Iecs :Ulove. iDcludiDg Sllll Rhcu. oeod III _ srafI fill' a.ddili0Dal or missing
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Name of Primary St:I!f
Contact
Agenda Date Item was
ved b the BCC
Type of Document
Allached
Original doc:umem has been sigDed/illitialed for legal sUfficiency. (All clocw:cents to be
sigced by the Cbairman. with the exceplicn of IIlOst Ieaers, mII$t be reviewed aIlli signed
liy the Office of the County A11t:trrJey. This includes signature pages from orrl;"."""', f' ,NI_S
resolutions. etc.. signed by the County A11t:trrJey's Office aIlli signature pages from lfl' I
conttadS, agteemenls. ere. !bat have been fully executed by all parties except the BCC
Chairman aIlli Clerk III the Board aIlli I Slate Officials.
All iwldwritten.sttilre-lhroagh m:l revisions bave been initialed by the County Allomey: s
Office aIlli all other arties the BCe Chairman aIlli the Clerk to the Board
The Chaqan's signature liIle dare has been entered as the date ofBCe approval of the
doc:umem or the final De dared COIItl'3Ct dare whichever is licable.
"Sign h_" tabs are placed on the "I'~.v~.;are pages indicating wh_ the Chairman's
si aIlli initials are
In rilost cases (some conlraCtS are an exceplion), the original doc:umem aIlli this routing slip
should be provided to Sue Filson in the BCe office within 24 houn ofBCe approval.
Some "<X'""''''C1t3 are time sellsitive aIlli require forwarding to T.II.h..S.... within a certain
time frame or the BCC's actiODS are nullified. Be awa:e of our de3"Hn~!
The .!""""'Mut was approved by the BCe OD ->:J Z-Z,} 01 (eater date) and all changes
made darmg the "'-"I baft been ial:orporated in 'the a_..h..n dOCtlJlSellt. The
Conn Atto s 0tIIce bas reviewed the if a Dable.
4.
S. Sue Filson, Executive Manager
Board of County Commissioners
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6. Minutes and Records
Clerk of Court's Office
Number of Original
~ Do~n~A~hed
Phone Number
Agenda ltem Number
INSTRUCTIONS & CHECKLIST
Initial the Yes coluam or mark "NI A" in the Not Applicable column, whichever is
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6.
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775400003
16E7
~ ,....H\~ ~'v;':
Jennifer A, If;" ;)E!t'i\\'\l~
Office of thIS C"" ;'( !>\\O,t~~y
3301 Ells: ; ',sin Trill'
Napl.~, F,,,!, "dl1~
(2:1 '~\ 77 4-d#99
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between THOMAS J.
CONNOLLY, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE UNDER THE
EDWARD L. CONNOLLY JR. REVOCABLE TRUST AGREEMENT, DATED JUNE 16,
1993, whose address is 1247 22nd Avenue North, Naples, Florida 34103-4841,
(hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of
the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail
East, Naples, FL 34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "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, 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. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Four
Hundred Seventy Two Thousand Five Hundred Dollars ($472,500.00) (U.S,
Currency) payable at time of closing.
III, CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto, The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3,011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications, Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law, At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3,0111 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,
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775400003
16E7
(b) Such other easements, restrictions or conditions of record,
3,0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3,0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service,
3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3,0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price, No funds shall be disbursed to Seller until the Title
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,
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article 11/ hereof, shall be subject to
adjustment for prorations as hereinafter set forth,
3,02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property, The cost of the Owner's Form 8 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(ALTA 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
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775400003
16[7
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 thirty (30) 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 title 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 thirty (30) 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.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) 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 sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
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
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) 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,
V. INSPECTION PERIOD
5,01 Purchaser shall have one hundred and twenty (120) days from the date of
this Agreement, ("Inspection Period"), to determine through appropriate
investigation that:
1, Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations,
2, There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination,
4, The Property can be utilized for its intended use and purpose in the
Conservation Collier program,
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775400003
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5.02 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 waive the applicable
contingencies or to terminate this Agreement. 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 V shall be deemed waived, In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property,
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation,
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing,
VII. POSSESSION
7,01 Purchaser shall be entitled to full possession of the Property at Closing,
VIII. PRORATIONS
8,01 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.
IX. TERMINATION AND REMEDIES
9,01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. 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.
9,02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or 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 one-half percent (1/2%) of the purchase
price 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 12.01, (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
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775400003
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determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature,
9.03 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,
x. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10,011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding,
10,012 Seller has full right, power, and authority to 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 contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10,013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of 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.
10,014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10,016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10,017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; 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
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775400003
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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
represents no storage tanks for gasoline or any other substances are or were
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.
10,018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied,
10.019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property,
10,020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing, Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same, Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property,
10.022 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.
10.023 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
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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,
10,024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Environmental Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
With a copy to:
Cindy M, Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
Thomas J. Connolly, Trustee
1247 22nd Avenue North
Naples, Florida 34103-4841
Telephone number: 239-261-0722
Fax number: AI/If
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein, For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller, Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties,
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775400003
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13,04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13,05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require,
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13,07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County, (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes,)
13,10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14,01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party, No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775400003
16E7
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
DATED:
5J~2-J07
ATTEST:
DWIGHJ'E. BRO<(.~, Clerk
". 'Ii
hIA',:...llM..u ~" (:).( .
'0 A~t..to. d_Jw Clerk
'iinaturt 011111
':: ~,' -, I, '.' .~
AS TO SELLER: '
DATED: 4/43/07
WITNESSES:
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(Signatu
G~~~ 11\, (~J
(Printed ame)
~f1;:'~ ~0tt
(Signature)
=-:-0 If\ \ ~' \f\wlT
(Printed Nam )
Approved as to form and
legal sufficiency:
jJem # /~ 67
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY ~~ 4f
JAM S COLETTA, Chairman
BY:__~ ~ ~~
Thomas J, Con oily, Individu Iy, and
as Successor Trustee of the Edward
L. Connolly, Jr. Revocable Trust
Agreement, dated June 16, 1993
9
Item# \1e.D.-
6~~;da S-Z ?:--O\
Dat~ S ~L\ 1:>l
Reed -
ttc~, ~3
blI,puty Cler
EXHIBIT "A"
PROPERTY TAX IDENTIFICATION NUMBER: 00775400003
LEGAL DESCRIPTION:
THE SOUTH HALF (S %) OF THE SOUTHWEST QUARTER (SW Yo) OF
SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST, OF COLLIER
COUNTY FLORIDA; LESS THE WEST HALF (yV %) OF THE WEST
HALF (W %) OF THE SOUTHWEST QUARTER (SW Yo) OF THE
SOUTHWEST QUARTER (SW Yo) OF SAID SECTION 30, AS
DESCRIBED IN OFFICIAL RECORDS BOOK 469 AT PAGE 751 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
70 acres more or less,
16E7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLLj'
. o. TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO ~ 6 E 8
. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
l'liDtCll piDlI: pI{lC'. _ '" aripw ,,-, Oripw"""""''' slIcalf1be _ dloII_ '" 1IIa BOIIlt 0fDc0. TheClllllplolod1CllliD1 slip wi ari&iDal
40 "1ftI"'ba~"'lIIa_OlIIcaCllly_1IIa_hu_ac:dCIl.CIl1llai-.) , 0.. ..
. ROUTING SLIP -:-.
. ..Camp....:cadqllDat1-..M.......~ u......_'..IP'-, -.1IIdI...-.-__lf1lla.......:...~iaalladyClllllp__llIo
ollila............... ' dmnllDadllca liIIOs.l !/l4, _1IIac!led:flst;mdt\:nud",SUltFllsall II$).
Route to Addressee(s) . Ofl'ice Initials Date
, ill anlcJ .... -
1.
PRIMARY CONTACT INFORMATION
(1b,o primary """""" ia 1IIa _ ottba aripal d.,...~-' pllDding Bee approvul. NormaJIy 1IIa primary CllIItU:t i. tba p<:I>C1l wbo ~ tba executive
S1UIIJIIlIl'y, Primary -= _OIl is _ in tba eveDt _ of tba _... :>be... iD<:ludiIll Sue !'!ls<m.1l=1111 ...._sraffuaddiliOlllli or missing
_en. Al!ari&iDalA-.. o=llq tba Bee OlainDm', siguallll'll "'" '" be delI_ '" tba Bec omc.Ollly a1b:rtba Becbu OI:IOlI.,approvelbc
itaD.)
Name of Primary Scaff Phone Number
ConlaCt
Agenda DaD: Item was Agenda Item Number
ved b the BCC
Type of Document Number of Original
Attached Documents Aaached
"'":
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
INSTRUCl10NS & CHECKLIST
Initial the Yes column or marIc "NI A W in the Not Applicable column. wbichever is
1.. Original doc:umeut has been sigDedfmitialed fer legal sUfficiency. (All documents to he
signed by the Chairman, wilh the exception of most letters. must be reviewed and signed
tiy the Office of the County Ar/rJrrJI!;y. This includes signature pages from orr!in.n_,
resolutions. ele. signed by the County AJl1:JrMy's Ofiice and signature pages from
contracts, agr-o'Q""". etc. that have been fnlly executed by all parties except the BCC
Chairman and Clerk to the Board and I Swe Officials.)
2. All iwldwrittel1.Slrike-tbrongh lIIld revisioDs have been illitialed by the County AJ1DrneY,' s
Office and all other arties the BCe Chai:rman and the Oerk to the Board
3. The ChaiqIan's sigaatnre line dale has beeIlentered II the dale ofBCe approval of the
document or the fiDal ne . contract dale whichever is licable.
4. "Sil!l1 here" tabs are placed 011 the appropriare pages indicating where the Chairman's
Ii and illitials are
5. In most cases (some CCIItr3d:S are an exception), the original ~nn"'l1t and this routing slip
should he provided to Sue FilsoIl in the Bee oflice within 24 bean ofBCe approval.
Some <Ior>nn'"1tS are time sensitive and require 'forwarding to T.n.h."ee within a certain
time frame or the BCe's actions are nulli:fied. Be aware of our deadlines!
6. The cI~~eDt WlIS appro'fed by the Bee on S' 2,.'1. 01 (enter date) and an changes
made dnriDc the meeting haft beeD. inl:orporated in the A....~hM cI~..._nL The
CoU11 Atto 's Otftce bas ..mewed the if IlcabJe.
.'.
N/A(Not
liable)
t
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cnnt
t _ Colm<y _ Bce _ 0ripaI 0--" -. SlIp wws 0ri&iD&l 9,03Jl4, Revised 1.26.05. Roviscd U4,~
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775000005
'ii 6 r- .
J!,': R
v
Prepared By:
Jennifer A, Belpedlo, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between RALPH A. CALO AND
BARBARA CALO, husband and wife, whose address is 3471 County Barn Road,
Naples, Florida 34112 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, whose address
is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as
"Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "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, 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. PAYMENT OF PURCHASE PRICE
2,01 The purchase price (the "Purchase Price") for the Property shall be Two
Hundred Seventy Thousand Dollars ($270,000.00), (U,S. Currency) payable at
time of closing.
III. CLOSING
3,01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto, The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law, At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 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.
1
16E8
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER, 00775000005
(b) Such other easements, restrictions or conditions of record,
3,0112 Combined Purchaser-Seller closing statement.
3,0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3,0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3,0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price, No funds shall be disbursed to Seller until the Title
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.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3,02 Each party shall be responsible for payment of its own attorney's fees, Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201 ,01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property, The cost of the Owner's Form 8 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 Warranty 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 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 after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(AL T A 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.
2
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775000005
16EB
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 thirty (30) 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 title 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 thirty (30) 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.
4,013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) 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 sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
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
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) 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,
V, INSPECTION PERIOD
5,01 Purchaser shall have one hundred and twenty (120) days from the date of
this Agreement, ("Inspection Period"), to determine through appropriate
investigation that:
1, Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations,
2, There are no abnormal drainage or environmental requirements to the
development of the Property,
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination,
4, The Property can be utilized for its intended use and purpose in the
Conservation Collier program,
5.02 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
3
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775000005
16EB
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. 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 V shall be deemed waived, In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property,
5,03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation,
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7,01 Purchaser shall be entitled to full possession of the Property at Closing,
VIII. PRORATIONS
8,01 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.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller, 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.
9,02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or 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 one-half percent (1/2%) of the purchase
price 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 12.01, (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,
4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775000005
16EB
9.03 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.
X, SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10,011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10,012 Seller has full right, power, and authority to 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 contemplated hereby,
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary,
10,013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of 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.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof,
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10,017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; 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
5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER, 00775000005
16E8
represents no storage tanks for gasoline or any other substances are or were
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.
10,018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
10,019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property,
10,020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
10,021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same, Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10,022 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,
10,023 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
6
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER, 00775000005
16E8
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,
10,024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11,01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Environmental Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
With a copy to:
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
Ralph & Barbara Calo
3471 County Barn Road
Naples, Florida 34112
Telephone number: 239-793-5214 :::...
Fax number: dO!r'7S/p-1171 CClfL..l.. SIfMGlt 1sT..;
11,02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein, For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XII. REAL ESTATE BROKERS
12,01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any,
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties,
13,02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
7
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775000005
16E8
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits,
13,03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties,
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof,
13,05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision,
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day,
13,08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida,
13,09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County, (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes,)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida,
XIV, ENTIRE AGREEMENT
14,01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party, No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
8
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775000005
16[8
IN WITNESS WHEREOF, the parties hereto have signed below,
Dated Project/Acquisition Approved by BCC: 51 J-J/:200 7
/
~~ /:k" '# / (p & 8
AS TO PURCHASER:
DATED: 5//-.2.j07
ATTEST:
DWIGHT E,BROCK, Clerk
\ ":-:')";/1'0
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,1'.:...
, ~
-- Attest u
sf9ftlturt .OIJ ",
BY d~~
J S COLETTA, Chairman
AS TO SELLER:
DATED:. </ ~/Z -07
WITNESSES:
~71lU
(Signature)
~t?~
RALPH A. CALO
c, ~ l> ~ (\'\. &\.
(Printed ame)
r. ~
,<,(7 ';k.. _.", ~ <;;: ...........-c..-.--f?
(Signature)
f '<-c>t?" <"'v_.::. r .{. co"'/..:{.rtP
(Printed Name)
~, -
{Sign~
---;n, -L.iJ
l3~~
BARBARA CALO
G/17'Rl, t17, F" LA
(Printed me)
~~I' ~r~ --P
(Signature)
<oO~_,r.4!"L '7 ~P"/~
(Printed Name)
Approved as to form and
legal sufficiency:
~ ~~ .
,Cl)\ ~ _LJ QA--.~\
Jen r A. Belpe '~
Assistant County Attorney
Item # liP FC{,
Ac;enaa G-t.-l-ln
Date -
9
, ~Jc:~c S - o-t\-if1
r\.(;;~ d
\~;;u~ ci~' QL
16E8
EXHIBIT "A"
PROPERTY TAX IDENTIFICATION NUMBER: 00775000005
LEGAL DESCRIPTION:
THE NORTHWEST QUARTER (NW y.) OF THE SOUTHWEST
QUARTER (SW Y.) OF SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27
EAST, OF COLLIER COUNTY FLORIDA.
40 acres more or less.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
.. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENt TO '6 [: 9.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA1'URf! . ..
I'l:im... piIIk pIpc'. AlIlIl:I1I11 oripaI "-r Oripw.............. _ be IIIIIId dall_1II 1IIe BOIIl1 0lIlce. n..c:amp_lCIliDi slip llIId ariaioal
""'"'-.. ..III bd......dod.1II 1IIe BoudOlllco ClIIly_1IIe!loud 1Ia1ll1:llll..........1IIe i-.) .. .. ..
. . .. ROUTING SLIP '-_.
..r""'!',..,lIllUiq_ tllbzaa&b.fl4u ....~ u........-r..lP'- cIala.mdI...-ri"" -.lflbe -is afnodycomplelo wiIh 1IIe
af1lle....' 's' .....1Iu lIDatl fl4, lolIl1llec:luocklist;IIIdtbrwmllllSwtFllsall ~
Route to Addressee(s) . Oflice Initials Date
. ill anlar). ""-
\"..'
1.
2.
0.'
PRIMARY CONTAcr INFORMATION
("n.. primary _ is 1IIe balder at <be oripl dcclmIlmtpading Bee approval. NormaJIy tI1c primary COIl""" is <llc per.lQll wbo ~ <llc_ve
1IIIIIIlIIrY. Primuy _ iDtamwi... is -= ill <be ........ of <be -=Sees :UloviI. iDcludil1g Sue f'iIsoa, I1=i 10 """"""smfIfor _ or missing
iat'onIIalioa. All ariaiDal-".aq <beBCC Chainmm', sip.... "'" 10 be clelivercd 10 <be Bee office DIlly at\or <be Bee bu a=<l1O_dIe
icem.)
Name of Primary Staff
eontact
Agenda Date Item was
ved b the BCe
Type of Dcc:umcnt
Attached
3.
4.
5. Sue FIlson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
rVl, W
Pl10nc Number
Agenda Irem Number
Number of QriiPnal
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NJ A" in the Not Applicable column. whichever is
1.
OrigiDal ~..........- baa beca ~tiaIed fer legal sUflic:icncy. (All documcnlS to be
signed by !be ChairmaD, with the exception of most lcm:rs, IlIIISt be reviewed aDd signed
oy the Office of !be County AltonJt:y. This iDcIw:Ies sigoature pages ftom oniinanccs,
reso1utio1lS, etc. signed by tile CauDty AltonJt:y's Office and sigoature pages ftom
contral:lS, ~". etc. !bat bave been fully executed by all parties except the BCe
Chairman and CIeri: to the Board and I Sla%e Officials.
All baadwritlell.S1rike-tbroagh aM revisiolll bave been initialed by the County ~y.' s
Office and all olller allies tile Bee ChaimuII1 and the CIeri: to the Board
The CIIainIlan's .;rm.eline dam bas beenenrered as the dam of Bee approval of the
doc:umeat or !be fina1 nc ' co_ dam whichever is licable.
"Sign hcte" tabs are placed on tile appropriate pages ;"r!;~.liag wb.cre the Cbairman's
si. and initials are
In most cases (SOIlUl contraclS ate an exception), the original document and thi.s routing slip
should be provided to Sue Filson in the Bee oflice within 24 hours ofBCe approval.
SOIlUl Q",",""""" are time sensitive and n:quire 'forwarding to T.n.h....... within a certain
time frame or !be BCe's acIioas ... nullified. Be .ware of or ~~nnes!
The cio--__ftt 'IOU appro_ by the Bee on~p.:I. \ 01 (enter date) and all changes
made ciuriD& the v.~'I..C haft been Incorporated In the .....~hod document. The
Co Atto 's 0ftIce bas tTriewed the es, if a ble.
2.
3.
4.
s.
6.
7 }l1-~CJ /7
lutE- CJ
NJA (Not
Iicable)
Ufl. (,
~.
,
, ;J/~
tmc.
~ _ Clllml:y _ BCC _ OripaiD
N RoariD& Slip WWS OriJPual9,03.04.levised l.26,Q:l, RevisccI z.24.1l3
CONSERVATION COLLIER
Tax Id. Numbers: 00775520006
Prepared BJ 6 E '9
Jennifer A, Belpedlo, Esquire
Office of the County Attorney
3301 East Tamlaml Trail
Naples, Florida 34112
(239) 774-8400
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between ROBERT REED RIVERS, JR.,
a married man, and KARL LEWIS PREDMORE, a married man, whose address is c/o John
McCormick, 13984 Mirror Drive, Naples, Florida 34114, (hereinafter referred to as "Seller"),
and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred
to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to
as "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, 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. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be One Hundred
Thirty Three Thousand Five Hundred and No/100 Dollars, ($133,500.00) (U,S,
Currency) payable at time of closing.
III. CLOSING
3,01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held on or before one hundred and twenty (120) days following
execution of this Agreement by the Purchaser, unless extended by mutual written
agreement of the parties hereto, The Closing shall be held at the Collier County
Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The
procedure to be followed by the parties in connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications, Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law,
At the Closing, the Seller shall cause to be delivered to the Purchaser the items
specified herein and the following documents and instruments duly executed and
acknowledged, in recordable form:
3,0111 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.
1
CONSERVATION COLLIER
Tax Id. Numbers: 00775520006
16E9
3,0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required by the
title insurance underwriter in order to insure the "gap" and issue the policy
contemplated by the title insurance commitment.
3,0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the
Seller the following:
3,0121 A negotiable instrument (County Warrant) in an amount equal to the
Purchase Price. No funds shall be disbursed to Seller until the Title 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.
3,0122 Funds payable to the Seller representing the cash payment due at
Closing in accordance with Article III hereof, shall be subject to adjustment for
prorations as hereinafter set forth,
3.02 Each party shall be responsible for payment of its own attorney's fees, Seller, at its
sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to
the recording of the Warranty Deed, in accordance with Chapter 201 ,01, Florida Statutes,
and the cost of recording any instruments necessary to clear Seller's title to the Property.
The cost of the Owner's Form 8 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 Warranty 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 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 after the date hereof, 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 thirty (30) 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 title 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
2
CONSERVATION COLLIER
Tax Id, Numbers: 00775520006
16E9
of said thirty (30) 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.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession
to Purchaser within 10 (ten) 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 sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90) 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 sixty (60) day period, Purchaser, by
providing written notice to Seller within seven (7) days after expiration of said sixty
(60) 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,
V, INSPECTION PERIOD
5,01 Purchaser shall have one hundred and twenty (120) days from the date of this
Agreement, "Inspection Period"), to determine through appropriate investigation that:
1, Soil tests and engineering studies indicate that the Property can be developed without
any abnormal demucking, soil stabilization or foundations,
2, There are no abnormal drainage or environmental requirements to the development of
the Property,
3, The Property is in compliance with all applicable State and Federal environmental
laws and the Property is free from any pollution or contamination,
4, The Property can be utilized for its intended use and purpose in the Conservation
Collier program,
5,02 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 waive the applicable contingencies or to terminate
this Agreement. 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 V shall
be deemed waived, In the event Purchaser elects to terminate this Agreement because
of the right of inspection, Purchaser shall deliver to Seller copies of all engineering
reports and environmental and soil testing results commissioned by Purchaser with
respect to the Property,
5,03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation, Purchaser
shall, in performing such tests, use due care and shall indemnify Seller on account of any
loss or damages occasioned thereby and against any claim made against Seller as a
result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four
(24) hours prior to said inspection of the Property.
3
CONSERVATION COLLIER
Tax Id. Numbers, 00775520006
16E9
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
right to inspect the Property at any time prior to the Closing,
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 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.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. 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.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or 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 one-half percent (1/2%) of the purchase price 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
12.01, (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.
9.03 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.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10,011 Seller and Purchaser have full right and authority to enter into and to execute
this Agreement and to undertake all actions and to perform all tasks required of each
hereunder. Seller is not presently the subject of a pending, threatened or
contemplated bankruptcy proceeding,
10.012 Seller has full right, power, and authority to 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 contemplated hereby, At Closing, certified copies of such approvals shall
be delivered to Purchaser and/or Seller, if necessary,
4
CONSERVATION COLLIER
Tax Id. Numbers, 00775520006
16E9
10.013 The warranties set forth in this paragraph shall be true on the date of this
Agreement and as of the date of Closing, Purchaser's acceptance of 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.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property that
could, if continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to acquire the
Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any rights
with respect to the Property or any part thereof, without first obtaining the written
consent of Purchaser to such conveyance, encumbrance, or agreement which
consent may be withheld by Purchaser for any reason whatsoever.
10,017 Seller represents that there are no incinerators, septic tanks or cesspools on
the Property; all waste, if any, is discharged into a public sanitary sewer system;
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
represents no storage tanks for gasoline or any other substances are or were 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.
10.018 Seller has no knowledge that the Property and Seller's operations concerning
the Property are in violation of any applicable Federal, State or local statute, law or
regulation, or of any notice from any governmental body has been served upon Seller
claiming any violation of any law, ordinance, code or regulation or requiring or calling
attention to the need for any work, repairs, construction, alterations or installation on
or in connection with the Property in order to comply with any laws, ordinances,
codes or regulation with which Seller has not complied.
10,019 There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property,
10,020 Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals therefor, proposals for public improvement assessments,
pay-back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or requirements,
formal or informal, existing or pending or threatened which affects the Property or
which adversely affects Seller's ability to perform hereunder; nor is there any other
charge or expense upon or related to the Property which has not been disclosed to
Purchaser in writing prior to the effective date of this Agreement.
5
CONSERVATION COLLIER
Tax Id, Numbers: 00775520006
16E9
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement up
to and including the Date of Closing, Therefore, Seller agrees not to enter into any
contracts or agreements pertaining to or affecting the Property and not to do any act
or omit to perform any act which would change the zoning or physical condition of the
Property or the governmental ordinances or laws governing same. Seller also agrees
to notify Purchaser promptly of any change in the facts contained in the foregoing
representations and of any notice or proposed change in the zoning, or any other
action or notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property which
may restrict or change any other condition of the Property.
10,022 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.
10,023 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.
10.024 Any loss and/or damage to the Property between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense,
XI. NOTICES
11,01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by facsimile with automated confirmation
of receipt, or by registered, or certified mail, return receipt requested, postage prepaid,
addressed as follows:
If to Purchaser:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Facilities Department
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Cindy M, Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
Robert R. Rivers, Jr.
Karl L. Predmore
c/o John McCormick
13984 Mirror Drive
Naples, Florida 34114
Telephone number: 239-272-0982
Fax number: 239-435-3948
6
16E9
CONSERVATION COLLIER
Tax Id, Numbers, 00775520006
11.02 The addressees and numbers for the purpose of this Article may be changed by
either party by giving written notice of such change to the other party in the manner
provided herein, For the purpose of changing such addresses or addressees only,
unless and until such written notice is received, the last addressee and respective
address stated herein shall be deemed to continue in effect for all purposes,
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against
any claim or liability for commission or fees to any broker or any other person or party
claiming to have been engaged by Seller as a real estate broker, salesman or
representative, in connection with this Agreement. Seller agrees to pay any and all
commissions or fees at closing pursuant to the terms of a separate agreement, if any.
XIII. MISCELLANEOUS
13,01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties,
13,02 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context so
requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or intent
of this Agreement or any provisions hereof,
13.05 All terms and words used in this Agreement, regardless of the number and gender
in which used, shall be deemed to include any other gender or number as the context or
the use thereof may require,
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any provision
of this Agreement shall be applicable only to the specific instance to which it is related
and shall not be deemed to be a continuing or future waiver as to such provision or a
waiver as to any other provision,
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day,
13.08 Seller is aware of and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes, under
oath, of the name and address of every person having a beneficial interest in the
Property before Property held in such capacity is conveyed to Collier County. (If the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it
is hereby exempt from the provisions of Chapter 286, Florida Statutes.)
7
16E9
CONSERVATION COLLIER
Tax Id, Numbers, 00775520006
13,10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
XIV. ENTIRE AGREEMENT
14,01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party. No modification or amendment of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Purchaser and Seller.
Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below,
Dated Project/Acquisition Approved by BCC: sf~!).()o 7 JIJ~~ /.)f1I # lu~ 9
AS TO PURCHASER:
DATED: sJ~O 7
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.'.,< /
BY ~./ 4f
JA COLETTA, Chairman
D~', ~~or ,
~ " ,l. -lAY Clerk
S1~ ClIl\~j -
i ..
AS TO SELLER:
DATED:
4-U,07
WITNESSES:
;;1(#/p~ ~
ignature)
BY: ~~JLv,~~~
ROBERT REED RIVERS, J .
;:TtJ If u .P ft/L~i'tM/~
(Printed Name)
..()\f\~n~:\ . R~
~
mo.rl-o s. .~lCY)c.s
(Printed Name)
~~~~
-r~ c::s MQ..C-eeu. \~
(Printed Name)
BY:
~~..:. ~
KARL LEWIS PREDMORE
(;~~
(Signature)
Approved as to form and
legal sufficiency:
Item # \.kU
Agenda 5'J.-?--t>1
(Printed Name)
Jennifer A. Bel io
Assistant County Attorney
Date '5~d'f'V 1
Reed
~/
De u Cler -
8
16E9
EXHIBIT "A"
PROPERTY TAX IDENTIFICATION NUMBER: 00775520006
LEGAL DESCRIPTION:
THE WEST HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) OF THE
NORTHWEST QUARTER (1/4), LESS THE SOUTH THIRTY (30) FEET
THEREOF FOR ROAD RIGHT OF WAY, SECTION 30, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
16 E 11
MEMORANDUM
Date:
May 23, 2007
To:
Marlene Foord, AlCP
Grants Coordinator
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Amendment No. 02 to an agreement (dated July 21, 2005)
between Collier County and the District School Board of
Collier County for a Driver Education Grant
Please find one (1) certified copy of the above referenced document
(Agenda Item # 16Ell) which was approved by the Board of County
Commissioners on Tuesday, May 22, 2007,
lfyou should have any questions regarding this item, please feel free to call
me at 774-8406,
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING si6 E 11
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded lathe Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the
exceotion oflhe Chairman's sie:nature, draw a line through routino lines # 1 through #4, comolete the checklist, and forward to Sue Filson (line#5).
Route to Addressee(s) Office Initials Date
(List in rautin!! order)
1.
2,
3,
4,
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
(The primary contoct is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created'prepared the executive
summary. Primary contact information is needed in the event onc of the addressees above, inclooing Sue Filson, need to cootact staff for additional or missing
information. All original documents needing thc Bee Chairman's signature are to be delivered to the ACe office only after the Bee has acted to approve the
item.)
Name of Primary Staff Marlene Foord
Contact
Agenda Date Item was May 22, 2007
A roved b the BCC
Type of Document
Attached
PRIMARY CONT ACT INFORMATION
Phone Number
Agenda Item Number
Amendment No. 02 to Agreement
Number of Original
Documents Attached
774-8971
I (please also provide a certified
copy for me to provide to the
School District)
Yes
(Initial)
N/A (Not
A licable)
l.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines'
The document was approved by the BCC on Mav 22. 2007 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a IicabIe.
rvf
f'J.-F
r^-P
rt
MY
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2,
3,
4.
5.
6,
16 E 11
AMENDMENT NO. 02
TO AGREEMENT BETWEEN COLLIER COUNTY
AND DISTRICT SCHOOL BOARD OF COLLIER COUNTY
FOR DRIVER EDUCATION GRANT
This AMENDMENT NO. 02, entered into this 2-2-..,g. day of I"\a j , 2007 to that
Agreement dated July 21,2005 between Collier County, a political subdivision of the State of
Florida, located at 3301 Tamiami Trail E., Naples, Florida 34112, ("COUNTY") and the District
School Board of Collier County, located at 5775 Osceola Trail, Naples, Florida 34109,
("SCHOOL BOARD),"
WHEREAS, the Agreement specifies that it can be extended for consecutive years with
reference to each new project as identified in the Application Form for the respective fiscal year,
with program changes reflected in the respective Amendment to the Agreement; and
WHEREAS, renewal of the Agreement must be approved by the Board of County
Commissioners and the School Board; and
WHEREAS, the SCHOOL BOARD has responded as the s~e applicant to the 2007
.
Driver Education Grant Program Request for Proposals that was sent to the District School
Board and all non-public high schools listed in the Driver Education Grant Program; and
WHEREAS, the SCHOOL BOARD agreed in Amendment No I to this agreement to
fully spend $45,000 remaining from the 2005 Driver Education Grant Program during the 2006
Grant Program year and has done so and provided a report outlining the use of these funds; and
WHEREAS, the SCHOOL BOARD continues to expend funds from the 2006 Driver
Education Grant Program that has an end date of June 1,2007, and the SCHOOOL BOARD has
not yet submitted its final report for this fiscal year, but has submitted the required "interim
project synopsis" which synopsis is determined to be sufficient by COLLIER COUNTY; and
1
16 E 11
WHEREAS, this Amendment Number 02 is consistent witb the requirements of the
Agreement, Ordinance 2003-39 and tbe requirements oftbe Driver Education Grant Program.
NOW, THEREFORE, the Parties agree as follows:
1. AVAILABILITY OF FUNDING
Total funding available in the Driver Education Trust Fund, as of February I, 2007, was
$225,500 (Funds). Additional surcharges continue to be collected and will be available for the
2008 Driver Education Grant Program cycle.
II. USE OF FUNDS
The SCHOOL BOARD has requested $225,500 oftbe available funding and agrees that: (I) the
SCHOOL BOARD will use the $225,500 solely for eligible direct education expenses, which
includes purchase of goods and services including driver education course materials, vehicles to
be used exclusively for driver education programs, driver simulators, and salaries of driver
education instructors; (2) the SCHOOL BOARD will not use the Funds for administrative
expenses; and (3) the SCHOOL BOARD will not use the Funds to supplant already existing
funds; and (4) the SCHOOL BOARD will comply with all additional Ordinance terms and
requirements concerning the use of funds, attached as Exhibit A.
III. PROJECT
The SCHOOL BOARD agrees that it will only implement the project as represented in its
Application Form (Application), attached as Exhibit B, and as permitted by the Driver Education
Grant Program, attached as Exhibit C. The project will provide additional driver education
teachers, supplies, equipment, fuel/maintenance and permit some teacher travel for conferences,
IV. CARRYFORWARD FUNDING
The SCHOOL BOARD fiscal year, budget year for grants and summer school schedule will
result in carry forward for each year of this program as currently implemented. The following
2
16[11
table identifies estimated and actual carry forward amounts for the 2005 program year and
estimated amounts for the 2006 program year.
Program Program Carry Expended at Balance at Estimated Actnal carry
Year Year forward time of time of carry forward into
Allocation from approval of approval of forward at subsequent
previous new new time of program
program program program approval of year
year year year new program
agreement agreement year
a!!reement
2005 $199,267 $141,417.44 $57,849.56 $45,000 $36,005
2006 $148,087 $36,005.28 $97,389,54 $86,702.74 $45,000
2007 $225,500
A report that explains the use of funds for each year and itemizes the annual expenditures is
attached as Exhibit D, Although the Grant Program guidelines imply that monies disbursed, but
not spent at the end of the respective project's time frame, are to be returned to the Trust Fund
for disbursement the next following project year, the applicant is the same applicant as in the
previous two years and, as was determined by Amendment No 01, COLLIER COUNTY deems
it to be inefficient to return the unexpended funds 2006, and those funds should be carried
forward into the 2007 project. The final 2006 report that will be presented to the Board of
County Commissioners following the end of the 2006 project time period will indicate the exact
monetary amount of 2006 funds carried forward into the 2007 project. Use of the unexpended
2006 funding shall be included in the SCHOOL BOARD'S Final 2007 Report that will be
presented to the Board of County Commissioners following the end of that project time period.
V, PROJECT TIME FRAME
The SCHOOL BOARD has represented in its Application that the project will begin on June 1,
2007 and will end no later than June 30, 2008,
3
16 E 11
VI. ORIGINAL AGREEMENT IS NOT AMENDED EXCEPT AS EXPRESSLY
SPECIFIED IN THIS AMENDMENT NUMBER TWO.
All other aspects of the Agreement remain unchanged except to the extent expressly amended by
this Amendment Number 2.
ATTEST:
DWIGHT E, BROCK, CLERK
By: fu.u l., ~f~~~ 0.(.
AttiSt u. tit' ])eputy Clerk
.tQliltUf't onl"
Approved as to form and legal sufficiency:
@V~~B~~
Assistant County Atto ey
JA
COLETTA, Chairman
By:
SCJl95Bo~rn~ Review
I~~ C(,01
Item # \10 PIj
Agenda S - "\.. ~-I\
Date - (To U
Date S ":2
Reed -o-":;)-/)(
4
1\910117<.'Z
~4b1 .& ;1~..
'f:;I.v 'Z' *'
.., ~
:J ! fAYS ., ~
\ RECaVED ;
is' 4-'
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AN ORDINANCE OF THE BOARD OF COUN'B<=:
COMMISSIONERS OF COLLIER COUNTY, FLORlni5:::; 0
PROVIDING FOR FUNDING FOR DRIVER EDUCA Tlo1Il'" 0
PROGRAMS IN COLLIER COUNTY'S PUBLIC AND
"IUVATE IIIGH SCHOOLS; PROVIDING FOR FINDINGS
OF FACr AND PURPOSE; PIWVIDING I"OR
COLLECfION OF SURCHARGE; PROVIDING FOR
DISTRIBUTION OF FUNDS COLLECfED; PROVIDING
FOR EXPENDITURE AND MANAGEMENT OF FUNDS
BUDGETED; PROVIDING FOR CONSTRUCfION;
PROVIDING FOR CONFLICf AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 2003--1.L
~
.:,
-,
'....~ ~
WHEREAS. Section 318.1215 of the Florida Statutes, entitled "Dori Slosberg Driver
Education Safety ACl," authorizes the Collier County Clerk of the Circuit Court ("Clerk") upon
the adoption of an ordinance by the Board of County Commissioners to collect an additional
three dollar ($3.00) surcharge on all civil traffic penalties in County Coun to be used to fund the
direct education expenses of traffic education programs in both public and non-public high
schools; and
WHEREAS. the Board of County Commissioners of Comer County, Florida deems it
appropriate and in lhe best interest of the public health, safety and welfare to adopt this
Ordinance to collect a surcharge to supplement already existing driver education funds.
NOW. THEREFORE BE IT ORDAINED by the Bourd of County Commissioners of
.
CoUier,\County. Florida that:
SECfION ONE:
TITLE AND CIT AnON
This Ordinance shall be known as the "Dori Slosberg Driver Education Ordinance."
SECfJON TWO; FINDINGS OF FACf AND PURPOSE
(I) The U.S. Depanment of Transpol1.ation's National Highway Traffic Safety
Administration studies reveal that a significant percentage of young drivers are involved in
traffic crashes and are twice as likely as adult drivers to be in a fatal crash and that the problems
conlributing 10 these higher crush rules include driving inexperience and luck of .ad lime dr!ying
skills.
EXHIBIT
I--A-
lof4
16 E 11
(2) There is information indicating that not all eligible high school students in Collier
County are given the opportunity to participate in driver education programs.
(3) Due (0 the high demand and importance of driver education programs, c"isting
programs need to be expanded and additional programs creuted.
(4) The Board of County Commissioners is authorized by ~ 318.1215 Fla. Stat. to
enact an ordinance authorizing the Clerk to collect a three dollar ($3.00) surcharge on all civil
traffic penalties in County Court to be used 10 fund the direct education expense~ of traffic
education programs in both public and non~public high schools.
SECflON THREE: COI..LECrION OF SURCHARGE
(I) Pursuant to ~ 3 I 8.1215 Fla. Stat" a three dollar ($3,00) surcharge shall be added
by the Collier County Court against every person who pleads guilty or nolo contendere 10. or is
convicted of, regardless of adjudication, a moving or non-moving civil traffic violatio!l.
(2) The three dollar ($3.00) surcharge shall be in addition 10 any fine, civil penalty or
other court cost and will not be deducted from the proceeds of that portion of any fine or civil
penalty which is received by Collier County in accordance with U 316,660 and 318.21 Fla. Stat.
(3) The three dollar ($3.00) surcharge shall be specifically added to any civil penalty
paid, whether such penalty is paid by mail, paid in person without request for hearing, or paid
after hearing and detennination by the court.
SECTION FOUR: DISTRIBUTION OF FUNDS COLLECTED
(I) The Clerk shall collect the three-dollar ($3,00) surcharge in accordance with
~ 318,1215 Fla. Stat.
(2) All funds collected pursuant to this Ordinance shall be used for the ex.clusive
purpolc of funding driver education programs, and shall be deposited into a speciallrusl fund to
be used to exclusively fund the direct education expenses of traffic education programs in both
public and non-public high schools.
(2) All funds collected shall be used exclusively to supplement funding for direct
educadon expenses of traffic education programs in both public and non-public high schools.
(3) Direct educational expenses are incurred for the purchase of goods and services
including, but not limited to. driver education course materials, vehicles exclusively used for
driver education programs. driver simulators, and salaries of driver educDtion instruclOrs and
shall not include administrative expenses.
20f4
16 E 11
SECfION FIVE: EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED
(I) The County Manager, or his designee, with direction from the Board of County
Commissioners, in accordance with fi 318.1215 Fla. Stut., and with the budget adopted by the
Collier County Board of Commissioners, shall have the authority to provide for the expenditure
of funds remiued to the traffic education program.
(2) Procedures for disbursement of the funds collected pursuant to this Ordinance
shall be developed by the County Manager, or his designee, and approved by the, Board of
County Commissioners.
(3) In order to receive funds, the eligible public and non-public high schools must
make application for funds and receive approval by Collier County in accordance with the
program procedures established by the County Manager and must execute an acceptance
agreement, acknowledging that funds received shall be used exclusively by the recipient for
direct educational expenses for driver education programs and shall not be used to replace funds
received from existing sources.
(4) Monies that have not been disbursed at the end of each fiscal year shall be
retained for disbursement in the subsequent fiscal year(s), as appropriate.
SECfION SIX: CONSTRUCTION
(2) This Ordinance is to be construed in accordance with t 318,1215 Fla. Stat,. as it
may be amended or replaced.
SECfION SEVEN: 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
invali~r unconstitutional by any court of competent jurisdiction. such portion shall be deemed a
separate. distinct. and independent provision and such holding shall nol affCCllhe validity of the
remaining portion.
SECTION EIGHT: INCLUSION IN TIlE 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
rc-Iettered to accomplish such. and the word "ordinance" may be changed to "section", "articJe",
or any other appropriate word.
3 of 4
16 E 11
SECfJONNINE: EFFECfIVEDATE
A certified copy of this Ordinance shan be filed with the Depanment of Stale by the
Clerk of the Board of Collier Counry Commissioners after adoption by the Collier County Board
of Commissioners. and shaH take effect and be implemented ninety (90) calendar days from the
date of said filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this Zq '!!;..y of ~l.. '::l . 2003.
...."..,,,,,
A~':l"1J:J.~~':."'II"
Dwiglid;:~~;;;(;i='~.\ .
. ."_ .,' !:.~;::-.... r.;J,,,;'
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. At~_.q!1f..f~'s
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.",.;,1, .G::::xte,...\\",,\ .
Approved'B8Il0lfM'I7n and legal suffiCiency:
BOARD OF COUNTY COMMISSIONERS
OFCOL~OUb
By: :J'fjI--- ./
Tom Henning. Chairman
This ordinance tiled with the
~ry of Stote's Office the
do... of ~rr, .:ltltf\ ~
and acknowledgement 01 that
fHing received thili .J..~ day
Of4l.o,~~_~
BY- Dep.ny~4. ...60..
'J(d~i '~
Jennifer A. B diD
Assistant Coun y Allomey
h:JAB\f)riverEdOnf
,
,
..
40f4
16 E 11
16 E 11
i::~~1riC.ChOOI ~
~ dY?:. a.
~
"... Collier ~c,
OFFICE OF THE SUPERINTENDENT
5775 Osceola Trail
Naplea, Florida 34109-0919
(239) 377-(1212 . FAX (239) 377-(1206
March 5, 2007
Collier County Grants Coordinator
Administrative Services, Bldg. D
3301 Tamiami Trail East
Naples, Florida 34112
RE: Collier County Driver Education Grant Program
District School Board of Collier County
Amount: $225,500
To Whom It May Concern:
The attached grant has been signed and submitted on this date, However, it is contingent
upon formal approval by our School Board at their April 19, 2007 meeting,
Thank you for your cooperation in processing this grant
Copy: Chief Academic Officer
Chief Operational Officer
Executive Director of Financial Services
EXHIBIT
1--=1-
COLLIER COUNTY CHARACTER EDUCATION TRArrs
Citizenship Cooperation Honesty Kindness P6tr1otlsm PIITHVfmlnce
Re""""r Responsibility Self-Control Tolerance
THE COWER COUNTYPUBUCSCHOOLSVSTEM IS AN EOUALACCESSI EOUAL OPPORTUNITY INSTITUTION FOR EDUCATION AND eMPLOYMENT.
Application Form - Collier County Driver Education Grant Program
16f11
COLLIER COUNTY DRIVER EnUCA TION GRANT PROGRAM
Application Form
Deadline March 31, 2007
GENERAL INFORMATION
Applicant Name: District School Board of Collier County
Address: 5775 Osceola Trail Naoles. Florida 34109
Phone Number: 239-377-0128
Contact Person: Debra Ogden
Contact Phone Number, including extension (if different from above):
Email Address:ogdende@collier.kI2.tlus
Type of High School (check one) K..-Public High School
Non-Public High School
BACKGROUND INFORMATION
1. List participating high school (s), address, phone number and campus contact information (if different than above),
Barron Collier, Gulfcoast, Lely, Naples, Golden Gate, Palmetto Ridge, Everglades. Immokalee
2. Brief project description, (Provide more detailed description onfollowing pages).
Summer School Driver Education Program for high school credit for both Public and Private School Students
Equipment for year round Driver Education Programs
3, Approximate number of students eligible for driver education.
9,000
4. Approximate number of students to benefit from the project.
6,000
5. Anticipated project start and end dates, Start:
End: &08
6/07
6. Total funds requested. $
$225.500.00
7. Total number ofhie:h school students (!!Tades 9-12) on Seotember I" oforevious vear.
12.490
I hereby certify that all funds received will be used exclusively to fund the direct education expenses of driver education programs and
will plant normally budgeted funds for driver education.
istrict Official
Date
Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East, Naples,
Florida 34112
Re: Driver Education Grant Program Page 1 00
Application Form - Collier County Driver Education Gram Program
16 E 11
CURRENT DRIVER EDUCA nON PROGRAM DESCRIPTION
Describe the existing driver education program. If none exists, indicate such and explain why.
The Driver Education program exists in all of Collier County Public High Schools. At each school, a certified Driver
Education teacher is responsible for the instruction of the class, Many of the teachers are assigned an aide for part of
the school year to enable the teacher to take students "behind the wheel." Both Palmetto Ridge and Golden Gate High
School have computer based simulation for classroom lessons and the other high schools, with the exception of
Everglades City Schools, have theater based simulation, The programs consist of the following components: Road,
Range, Simulation, and Classroom, This increased funding will allow for additional equipment, computer-based
simulator maintenance, and teacher travel. The goal of the program is to achieve the National Driver Education
Standards and serve as third party tester for the State Department of Motor Vehicles (DMV). Driver Education teachers
can issue written and road test waivers to their students upon proven documented competencies established by the
DMV,
The project will include providing a free summer school driver education program for public and private school
students. In addition, the funds will be used for new equipment, supplies and additional fuel/maintenance for the
regular school year and summer programs and teacher travel.
PROPOSED PROGRAMlPROJECT
Describe the proposed program or project.
The district's initial project will include two summer school sites for Driver Education for both private and public
school students, Three or four teachers will work at each site, at their hourly teaching rate and funding will be used to
provide new supplies & new equipment to provide equity for all programs within the district.
Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East, Naples,
Florida 34112
Re: Driver Education Grant Program Page 2 of 3
Application Fonn - Collier County Driver Education Grant Program
16 E 11
PROGRAM/PROJECT BUDGET
Ust all budget items and their associated cost, including, but not limited to: personnel (salary, fringe), contract services,
materials and supplies, equipment, etc. Note: All funds must be used exclusively to fund direct expenses of driver
education programs. Eligible direct education expenses include the purchase of goods and services, including, but not
limited to, driver education course materials, vehicles exclusively used for driver education programs. driver simulators,
and salaries of driver education instructors, Administrative expenses are not elieible for erant fundine,
Budeet Item Associated Cost
Salary and Benefits
8 Driver Education Teachers for Summer Program/2007 & 2008 $60,000
Supplies $60,000
EauiDment $60,500
Fuel/Maintenance $40,000
Teacher Travel $5,000
TOTAL $225,500
BUDGET NARRATIVE
The budget narrative should justify the direct costs associated with the program/project, including the necessity,
reasonableness, and eligibility of all costs proposed in the above budget.
8 Driver Education Teachers for Summer Prol!ram/3 teachers per site at two sites! Additional Substitutes
Collier County Public Schools no longer funds a comprehensive summer school program. Driver Education is
recognized as the number one elective in the state, However, students in advanced classes, specialized programs,
and/or students enrolled in private school may not have the opportunity to include Driver Education in their schedule
due to the rigor of their course work. This sununer program gives students the opportunity to be properly trained in
Driver Education and is vitally important as motor vehicle crashes are the number one killer of adolescents, The
teachers will be paid their own hourly rate. Each school needs additional substitute time during the school year to
allow for more behind the wheel time,
New Suoolies
The updated list of new supplies includes: updated videos, technological applications, paper, curriculum materials,
etc,
New Eouioment
In order to be in compliance with the new DMV third party tester contract, each school site must have an established
and approved road test course, The district will purchase cones and road signs and markings,
Additional FueUMainteoance
In order to provide a quality summer program, the district must provide the behind-the-wheel component of the course.
This also requires additional fuel for the vehicles and increased maintenance costs.
Submit one original and two copies to Collier County Grants Coordinator, Administrative Services. Bldg. D., 330] Tamiami Trail East, Naples,
Florida 34112nRe: Driver Education Grant Program Page 3 of 3
16 E 11 A2007-183
April 19, 2007
PROJECT TITLE:
SOURCE OF FUNDS:
SUBMITTING
SCHOOUDEPT:
POINT OF CONTACT
FOR THIS PROJECT:
BUDGET
RESPONSIBILITY:
STAFF
RESPONSIBILITY:
FUNDS REQUESTED:
BUDGET SUMMARY:
(Estimated Annual)
LOCAL FISCAL
IMPLICATIONS:
PROJECT BEGIN/
END DATES:
PROJECT
DESCRIPTION:
Collier County Driver Education Slosberg Grant Program
Collier County Government Slosberg Funds
Driver Education/Student Services
Dr. Dee Whinnery, Executive Director, Student Services
Dr. Dee Whinnery, Executive Director, Student Services
Dr. Dee Whinnery, Executive Director, Student Services
$225,500
Personnel costs
Staff Quantitv
6
Benefits
Teacher Travel
Supplies
Equipment
Additional Fuel/Maintenance
Total
Amount
$ 49,896
10,104
5,000
60,000
60,500
40.000
$225,500
FTE
1,0
Job Title
Driver Education Teacher
Limited fiscal implications for facilities and staff participation in project
activities. Not eligible for indirect cost of $3,867.
June 1,2007 - June 30,2008
The Driver Education program exists in all of Collier County Public High
Schools, At each school, a certified Driver Education teacher is responsible
for the instruction of the class, Many of the teachers are assigned an aide
for part of the school year to enable the teacher to take students "behind the
wheel." The two new high schools have computer based simulation for
classroom lessons and the other high schools, with the exception of
Everglades City Schools which have theater based simulation, The
programs consist of the following components: Road, Range, Simulation,
and Classroom, This increased funding will allow for additional equipment,
new summer teacher time, increased time behind the wheel. The goal of
the program is to achieve the National Driver Education Standards and
serve as third party tester for the State Department of Motor Vehicles
(DMV). Driver Education teachers can issue written and road test waivers to
their students upon proven documented competencies established by the
DMV.
The project will provide two summer school sites for Driver Education for
both private and public school students. These funds will be used for new
equipment, new supplies, teacher travel and additional fuel/maintenance for
the regular year and summer school programs.
Program Description - Collier County Driver Education Grant Program
16Ell
COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM
GENERAL PROVISIONS
Collier County has created the Collier County Driver Education Grant Program under the authority of
Section 318,1215 of the Florida Statutes, entitled "The Dori Slosberg Driver Education Safety Act." This
act allows the Board of County Commissioners to enact an ordinance authorizing the Clerk of Courts to
collect a three dollar ($3,00) surcharge on all moving and non-moving civil traffic infractions, except
infractions related to parking of vehicles, filed in County Court to fund the direct education expenses of
driver education programs in both public and non-public high schools,
The Board of County Commissioners of Collier County, Florida has deemed it appropriate and in the best
interest of the public health, safety and welfare to adopt Ordinance No, 2003-39 to collect this surcharge
to supplement driver education funding and, as such, to create a grant program to manage and disburse the
funds appropriately, Funds collected will be deposited into a special trust fund established specifically for
these funds. The County Manager, or designee, will request a quarterly report of these funds from the
Clerk of Courts,
By February I of each year, the County Manager, or designee, will mail a letter to the School District
contact and to each non-public high school indicating the provisions of the grant program and indicating
an approximate funding level for that year,
USE OF FUNDS
All funds collected will be used exclusively to fund the direct expenses of driver education programs in
both public and non-public high schools in Collier County, Eligible direct education expenses include the
purchase of goods and services, including, but not limited to, driver education course materials, vehicles
exclusively used for driver education programs, driver simulators, and salaries of driver education
instructors, Administrative expenses are not eligible for grant funding, Furthermore, based on the
legislative intent of Section 318,1215 of the Florida Statutes, Collier County may lawfully disburse funds
to a new driver education program as long as the funds are used for the direct expenses of the new
program and there is no supplanting of already existing funds.
Funds will be apportioned based on the total number of high school students (grades 9-12) enrolled as of
September I of the previous year, beginning in 2003.
The application period will be March I - March 31 of the following year with funding based on
collections through February I of each year, beginning in 2004, Each applicant will be required to report
on the application the number of eligible students as of September I of the previous year.
The apportionment of funds will be adjusted annually based on the number of students reported on each
application, or in the case that no applications are submitted, by the County Manager, or designee, every
three (3) years to reflect changes in number of eli"ible students due to growth and other changes affecting
high school populations, EXHIBITa
I c.
Program Description - Collier County Driver Education Grant Program
16 E 11
Example:
High School # of eligible 9-12 grade Available Funding per
students as of 9/1/03 Funding High School
School Board 500 $100,000 $90,909
Non-Public Hi2:h Schools (tbd) 50 $9,091
NOTIFICATION PROCESS
By February 1 of each year, the County Manager, or designee, will mail a letter to the School District
contact and each non-public high school providing notification of the grant program provisions, deadline
for applications and an estimated funding level for that year. The following contact information will be
used and may be amended as new non-public high schools are formed or as contact information changes:
District School Board of Collier County
Deb Ogden, Driver Education Coordinator
5775 Osceola Trail
Naples, Florida 34109
Seagate Christian School
Glenn Wiggins, Principal
10 10 Whippoorwill Lane
Naples, Florida 34105
Community School of Naples
Gene Rochette, Upper School Dean of Students
3251 Pine Ridge Road
Naples, Florida 34109
Saint John Neumann High School
Laura Campbell, Principal
300053" Street Southwest
Naples, Florida 34116
SUBMITTAL PROCESS
The application cycle will be open from March 1 - March 31 of each year, All applicants must submit an
application for funding, using the application form provided, signed by the authorized official such as the
school principal for private schools or the superintendent of schools for the
District School Board of Collier County, Applications will include:
1) Applicant name and contact information,
2) Names and addresses of high schools to benefit,
3) Name, phone number, email and mailing address of contact person,
4) Current program description, including total cost of current program,
5) Intended use offunds/project description,
6) Number of eligible students,
7) Expected time frame for project,
8) Budget for proposed project, and
9) Certifications (funding direct costs only, non-supplanting requirement),
In subsequent years, proposals must provide a brief synopsis of the project or program funded in the
previous year. Note: this synopsis is in addition to the final report that must be submitted within 90 days
of completion of each project.
2
16El1
Program Description - Collier County Driver Education Grant Program
All applications must be received on or before March 31 of each year at the following address:
Collier County Grant Coordinator
Re: Driver Education Grant Program
3301 Tamiami Trail East
Naples, Florida 34112
EVALUATION PROCESS
Upon receipt of each proposal, the County Manager, or designee, will review the applications to ensure
completeness and eligibility, The County Manager, or designee, may work with the designated contact to
obtain additional information or clarification as necessary in the approval process,
ApPROVAL AND AWARD PROCESS
Following the review of each proposal, the County Manager, or designee, will coordinate with the project
contact and the County Attorney's office to prepare a contractual agreement for each project. Each
contractual agreement will then require approval by the Board of County Commissioners, Each
agreement will acknowledge that funds received will only be used for direct educational expenses for
driver education programs and will not supplant existing funding sources, Each agreement will also
stipulate that a final report of expenditures and project outcomes be submitted within 90 days of the end
of the project or termination of the grant period (whichever comes first). Agreements will also contain
provisions for the County to have the right to audit the paperwork and proj ect.
DISBURSEMENT OF FuNDs
Funds will be disbursed within 45 days following the Board of County Commissioners approval of the
contractual agreement.
Example:
Ste 2 (within 45 days)
Funds Disbursed
Ste 3
Project Completed
Monies that have not been disbursed at the end of each fiscal year will be retained for disbursement in the
following fiscal year (s), as appropriate, Monies disbursed, but not spent at the end of the project's time
frame shall be returned to the Trust Fund for disbursement in the following year,
PROJECT REVIEW
Within 90 days following completion of the project or termination of the grant period (whichever comes
first), a final report must be submitted to the County Manager, or designee, which outlines how the funds
were used and includes copies of invoices and checks and any other documentation of expenditures and
verifies that the funds supplemented, but did not supplant existing funds, Failure to provide this report
would constitute breach of contract and would affect an agency's eligibility for future funding.
3
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16f12
MEMORANDUM
Date: May 29,2007
To: Lyn Wood, Contract Specialist
Purchasing Department
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: Contract #07-4100
"Air Filtration Services"
Contractor: Kleen Air Research, Inc.
Enclosed are three (3) original contract documents, as referenced above
(Agenda Item #16EI2) approved by the Board of County Commissioners
on Tuesday, May 22, 2007.
The Finance Department and Minutes & Records Department have retained
a copy,
If you should have any questions, you may contact me at 774-8406,
Thank you,
Enclosures (3)
ITEM NO,:
16E12
..,U: U,o~l'~ RECEIVED:
'. ;;i J:'I"~lY A\1 CJI~NFY
'0"/'
FILE NO.:
ROUTED TO:
07- life - 00(,7'1
znOl Hi\'1 23 PM 3' 10
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: May 22, 2007
To: Office of the County Attorney
Attention: Robert Zachary
From: Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
Re: Contract: 07-4100 "Air Filtration Services"
Contractor: Kleen Air Research, Inc,
BACKGROUND OF REQUEST:
This contract was approved by the BCC on May 22, 2007; Agenda
Item 16.E,12.
This item has not been previously submitted,
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a standard contract with no changes, Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
~~
<;-Z-<:; -07
C: Damon Gonzales, Facilities Mgmt.
(/)rl(~~rrl~ ~ ~
16E12
MEMORANDUM
TO: Wayne Fiyalko
Risk Management Department
DATE: May 22, 2007
DATE R
- ECEIVED
MAY 23 200
RISk, 1
f1ANAGf:.l1EN1"
.
FROM: Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department
RE: Review Insurance for Contract: 07-4100 "Air Filtration Services"
Contractor: Kleen Air Research, Inc.
This Contract was approved by the BCC on May 22, 2007; Agenda Item
16.E.12,
Please review the Insurance Certificates for the above-referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded.
Thank you, If you have any questions, please contact me at extension 2667.
::;j ';:)i!,/c7
~t.s ~ .V\r+- .~~,,~
~~l
dod/LW
C: Damon Gonzales, Facilities Mgmt.
16E12
AG R E EM E N T 07-4100
for
Air Filtration Services
THIS AGREEMENT, made and entered into on this~J... day of tAd ~ '
2007, by and between Kleen Air Research, Inc" authorized to do business in the State of
Florida, whose business address is 4510 Helton Drive, Florence, Alabama 35630, hereinafter
called the "Contractor", and Collier County, a political subdivision of the State of Florida,
Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
the date of award by the Board of County Commissioners,
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods, The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2, STATEMENT OF WORK. The Contractor shall provide air filtration services in
accordance with the terms and conditions of RFP #07-4100, the Contractor's proposal
referred to herein and made an integral part of this Agreement, and Exhibit A, Cost
Proposal, attached hereto and made a part hereof,
3. COMPENSATION, The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit prices
on Exhibit A, Cost Proposal.
Any county agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s),
4, NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed, faxed or emailed to the Contractor at the following address:
Page 1 on
16E12
Tanuny Upton
Kleen Air Research, Inc,
4510 Hilton Drive
Florence, Alabama 35630
Telephone: 256-767-5122
Facsimile: 256-767-5188
Email: tupton@filterpro.com
All Notices from the Contractor to the County shall be deemed duly served if mailed,
faxed or emailed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell, Purchasing/GS Director
Telephone: 239-774-8371
Facsimile: 239-530-6584
Email: stevecarnell@colliergov.net
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification, All notices under this Service
Agreement must be in writing.
5, NO PARTNERSHIP, Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County,
6, PERMITS, LICENSES AND TAXES, In compliance with Section 218.80, F.s" 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,
7, NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, inunoral 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
Page 2 of7
16 E 1 (-'
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor, Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
8. 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 seven (7) day written notice. The County shall be
sole judge of non-performance,
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin,
10, INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability, This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B, Business Auto Liabilitv: 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 Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Comvensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
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 Contractor 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,
Page 3 of?
16E12
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
11. 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.
12, CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Facilities Management Department.
13, CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services,
14, COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #07-4100 Scope of Services
and Exhibit A.
15, 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,
16, 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 finn 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.
Page 4 of7
16[12
17, IMMIGRATION LAW COMPLIANCE. By executing and entering into this
agreement, the Contractor is formally acknowledging without exception or stipulation
that it is fully responsible for complying with the provisions of the Immigration
Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations
relating thereto, as either may be amended. Failure by the Contractor to comply with
the laws referenced herein shall constitute a breach of this agreement and the County
shall have the discretion to unilaterally terminate this agreement immediately,
18, VENUE. Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have sole
and exclusive jurisdiction on all such matters.
19, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20, SECURITY. Contractor shall be responsible for the costs for the County to provide
background checks for all employees that shall provide services to the County under
this Agreement. This may include, but not be limited to, checking federal, state and
local law enforcement records, including a state and FBI fingerprint check, credit
reports, education, residence and employment verifications and other related records,
The County will maintain records on each employee for at least four (4) years.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added
to or deleted from this contract upon satisfactory negotiation of price by the Contract
Manager and Vendor and as deemed necessary in the sole judgment of the County.
22, SUBSTITUTE PERFORMANCE. In the event the Contractor fails to perform any
required service within the time schedule under the subsequent contract, the County
reserves the right to obtain substitute performance. Further, the County reserves the
right to deduct the cost of such substitute performance from the Contractor's
payments, The Contractor may be exempt from this provision if such exemption is
granted by the Contract Manager or their designee, in writing, prior to any delays or
as a result of an Act of Nature.
23. INVOICING. The purchase order number must be referenced on each invoice, If this
number does not appear or is omitted, invoice will be returned to the vendor by the
Accounts Payable Department. Billing problems/ concerns should be directed to the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples,
Florida 34412. 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",
Page 5 of7
J6E12
24. EMPLOYEE IDENTIFICATION. All employees must wear Collier County
Government identification badges at all times while performing services on County
facilities.
25. ASSIGNMENT, SUBLEASE, SALE. etc. Should the contractor sell or sublet this
contract or any part thereof to any person or entity other than the awardee, the Board
of County Commissioners shall be notified in writing immediately upon the transfer
of ownership. The assignment of this contract or any part thereof, shall require that its
assignee be bound to it and to assume toward the contractor, all of the obligations and
responsibilities that contractor has assumed toward the County. In the County's best
interest, and at its option, the service! commodity may be re-bid, delivering a sixty
(60) day written notice to the new owner(s).
26. SAFETY. Contractor shall comply with all applicable codes, laws, ordinances, rules
and regulations of any public body having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss. Contractor shall maintain all
necessary safeguards for such safety and protection.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~~
James Coletta, Chairman
BY:~.' ','~~~~PJ' <)L.
Dated: S-,a:.::;(- .
(~~ lito Cha 1 rwtan s
Slonlltur~ on1,
Approved as to form and
legal sufficiency:
Print Name
Item# J La ~)
Agenda::::. -C7-~~
Dale~ au
Date S-"lq ~Ol
Rec'd
Q.(.
Page 6 of7
Kleen Air Research, Inc.
Contractor
ffJr,m~~ By ~~
6faV/a L.H!f1/-ulrr-
tType!printwitness namet
~ / ~~/
'--:" A l!.~L/." . ~.t'L.~
Second WitnesV
/vL j41'( G,w!cia
tType! print witness name t
Page 7 of7
Aubrey W. Pate, Vice President
Typed signature and title
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ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE jMM/DDIYY)
03/26/07
PRODUCER 1-256-766-7773 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Associated Insurers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
121 Yorkshire Circle ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Florence, AL 35630 INSURERS AFFORDING COVERAGE
INSURED INSURER A: The Hartford
Kleen Air Research Inc.
INSURER B"
4510 Helton Dr INSURER C
Florence, AL 35630-6237 INSURER 0
. INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED lOTHE INSURED NAMED ABOVE FOR THE POliCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TQAlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
r.N!,~ TYPE OF INSURANCE POLICY NUMBER P~li~~~~~~~~ P~~fY EXPIRATION LIMITS
A ~NERAL LIABILITY 21 UUN TS7869 02/15/07 02/15/08 EACH OCCURRENCE $1000000 --
-"- OMERCIAL GENERAl LIABILITY FIRE DAMAGE (Anyone fire) $ 50000 ~_.
- ClAIMS MADE 0 OCCUR MED EX? (Anyone person) $ 5000
- PERSONAlIl: ADV INJURY $1000000
- GENERAl AGGREGATE $ 2000000
~'LAGG~nE LIMIT AP~I~tPER: PRODUCTS - COMP/OP AGG $ 2000000
X POLICY r:'~.9...: LOC
~TOMOB1LE LIABILITY COMBINED S INGLE LIMIT .
"- ANY AUTO (Eaacddent)
"- All OWNED AUTOS BODILY INJURY
$
"- SCHEDULED AUTOS (Perpersooi
c-- HIRED AUTOS BODILY INJURY
(Peracddenl) .
c-- NON.OY\'NED AUTOS
c-- PROPERTY DAMAGE $
(Peraccldent)
RRAG. L1ABlLln AUTO ONLY - EAACCIDENT .
ANY AUTO OTHER THAN EA ACC .
AUTO ONLY' AGG I $
A 0~SS LIABILITY 21RHtJ TS8225 02/15/07 02/15/08 EACH OCCURRENCE $ 5000000
X OCCUR D CLAIMS MADE 1$5000000 --
AGGREGATE
-" - ----.,.-...- - ,.. ----1-'-
8 ~EDUCT"LE i$
X RETENTION $10000 $
A WORKERS CQMPENSA TION AND 21 WE PH0595 02/15/07 02/15/08 X I /~~1rfJMs j jOEW-
EMPLOYERS' LIABILITY $1000000
E.L. EACH ACCIDENT
E.L. DISEASE . EA EMPLOYEE $1000000
E.L. DISEASE- POLICY LIMIT $1000000
OTHER
A Inland Marine/All Risk 21 UUN TS7869 02/15/07 02/15/08 Rented Equipment $ 5, 000
$
$
DESCRIPTION OF OPERA TIQNS/LOCATIONS/VEHICLESIEXCLUSIONS ADOED BY ENOORSEMENT/SPECIAL PROVISIONS
The Certificate Holder is named Additional Insured with respect to general liability as required by written contract.
CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Board of County Commissioners OATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
3301 Tamiami Trail E., Bldg. G IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Naples, FL 34112 AUTHORIZEO REPRESENTATIVE /)(r~
, USA ,j'd.#f;.4;- ,...G. / ';/;W<>'/
ACORD 25-8 (7/97) URINC
5848622
"ACORD CORPORATION 1988
Mar 26 07 09:12a
16 ~.i2
CERTIFICATE OF INSURANCE
RANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE
OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN ,30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY POLICY DESCRIBED BELOW.
This certifies that: 0 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois
D STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
D STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, or
D STATE FARM INDEMNITY COMPANY of Bloomington, Illinois
has coverage in force for the following Named Insured as shown below:
KLEEN AIR RESEARCH INC.
NAMED INSURED:
ADDRESS OF NAMED INSURED: 4510 HELTON DRIVE, FLORENCE, AL. 35630
POLICY NUMBER 080-9444-F25-01
EFFECTIVE DATE
OF POLICY 12-25-06 06-25-2007
DESCRIPTION OF
VEHICLE (Including VIN) FLEET POLICY
LIABILITY COVERAGE IZI YES DNO DYES DNO DYES DNO DYES DNO
LIMITS OF LIABILITY
a. Bodily Injury
Eadt Person
Eacl1 Accident
b, Property Damage
Each Accident
c. Bodily Injury &
Property Damage
Single Limit
Each Accident 1 MILLION
PHYSICAL DAMAGE IZI YES DNO DYES DNO DYES DNO DYES DNO
COVERAGES
a. Comprehensive $ 1000 Deductible $ Deductible $ Deductible $ Deductible
IZI YES DNO DYES DNO DYES DNO DYES DNO
b. Collision $ 1000 Deductible $ Deductible $ Deductible $ Deductible
EMPLOYERS NON-OWNED IZI YES DNO DYES DNO DYES DNO DYES DNO
CAR UABIUTY COVERAGE
HIRED CAR LIABILITY IZI YES DNO DYES DNO DYES DNO DYES DNO
COVERAGE FLEET - COVERAGE FOR
AlL OWNED AND UCENSEO IZI YES DNO DYES DNO DYES DNO DYES DNO
MOTOR VEHICLES
.7h ,~
I/~ ~ AGENT 1399 03-26-2007
Signature of futhorized Representative Title Agent's Code Number Date
Name and Address of Certificate Holder
COLLIER COUNTY GOVERNMENT
?URCHASING BUILDING
3301 E. TAMIAMI TRAIL
NAPLES, FL. 34112
Name and Address of AQent
MYRON GARDNER
1819 DARBY DRIVE
FLORENCE, AL. 35630
INTERNAL STATE FARM USE ONLY: 0 Request permanent Certificate of Insurance for liability coverage.
122429.2 Rev. Q6..10-2004 181 Request Certificate Holder to be added as an Additional Insured.
.-
16Fl
MEMORANDUM
Date: May 22, 2007
To: Judy Scribner, Human Services Program Mgr.
Emergency Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Memorandum of Understanding between Collier
County and the Emmanuel Lutheran Church
Attached please find one (1)) copy of the document as referenced above,
(Agenda Item #16Fl) approved by the Board of County Commissioners on
Tuesday, May 22, 2007.
The original document will be kept in the Minutes & Records Department
If you should have any questions please call me at 774-8406.
Thank you.
Attachment (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlPl6 F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO'" I
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prinl on pink paper. Attach to original document Original du~umcnh sh(luld he hand deliwfCd to tlK' Board Ollice I"hc l,;ompktcd routing slip and original
documents all: to b{: forwarded to the Board OOlce nnly aftcr the B('ard bas taKl'll ,H,;IIUn 01, the itLlll)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's sie:nature, draw a line throu2l1 routine: lines # 1 throue:h #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routinJl; order)
1.
. ..
2.
-'-- ..
3. .
~.~---
4. ~
5. Sue Filson, Executive Manager Board of County Commissioners C~ 5)'}~ Je'?
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pt.'Ilding Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to he delivered to the BCe office only after the acc has acted to approve the
item.)
Name of Primary Staff -::::r l;..c\.U 'Sc.n bne( Phone Number 1'74 - 't09)'
Contact
Agenda Date Item was 5}':X:l!O-i Agenda Item Number j(PF/
Anoroved bv the BCC
Type of Document Ex. Slot",. Number of Original /
Attached (l1CLL Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on.) (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5,
6.
()1C-
eft:.
eft('
CfiC-
Ok..
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
,ftL. CS)J~ )c'l16 F 1
EXECUTIVE SUMMARY
Recommendation to approve Memorandum of Understanding between Collier
County and Emmanuel Lutheran Church of Collier County
OBJECTIVE: Board of County Commissioners approval of Memorandum of
Understanding between Collier County and Emmanuel Lutheran Church of Collier
County.
CONSIDERATIONS: Under Chapter 252, Florida Statutes, Collier County, through its
Emergency Management Department, provides coordination of emergency services
within Collier County. Collier County also coordinates the administration of relief
activities of both public and private relief/disaster organizations that agree to volunteer
their services under direction or guidance of Collier County authorities. Collier County
may also utilize personnel and facilities of relief/disaster assistance of organizations,
Churches, Temples, Synagogues for the distribution of food, water, supplies, and/or other
items for temporary relief activities.
The purpose of the Memorandum of Understanding is to set forth, define, and establish
mutual agreements, understandings, guidelines, and obligations between Collier County
and Emmanuel Lutheran Church of Collier County to coordinate relief efforts at the time
of a disaster.
GROWTH MANAGEMENT: There IS no Growth Impact with this Executive
Summary .
FISCAL IMPACT: There is no Fiscal Impact.
RECOMMENDATIONS: That the Board approves the MOU's between the Collier
County Board of County Commissioners, through its Emergency Management
Department and Emmanuel Lutheran Church which has volunteered to partner with
Emergency Management during both a Presidentially declared and undeclared disasters.
Prepared by: Judy Scribner, Human Services Program Manager, Emergency
Management Department.
16Fl
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Emmanuel Lutheran Church
I: PurDose: The purpose of this Memorandum of Understanding (MOU) is to set forth, define
and establish mutual agreements, understandings, and obligations by and between the Collier
County Board of County Commissioners, through its Emergency Management Department, and
Emmanuel Lutheran Church,
II: Statement of Basic ResDonsibilities:
A. Collier County Board of County Commissioners, through its Emergency
Management Department, provides coordination of emergency services with
Collier County, including incorporated areas, This includes the selection and
utilization of various resources and organizations capable of rendering assistance,
Under Chapter 252, Florida Statutes, the Board of County Commissioners,
through its Emergency Management Department, also coordinates the
administration of relief activities of both public and private relief or disaster
assistance organizations which agree to volunteer their services under the
direction or guidance of Collier County authorities, In addition, Collier County
may utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief supplies,
medicines or other items and temporary sheltering as part of the restoration,
rehabilitation or reconstruction of community services and essential facilities
whenever Collier County authorities deem it necessary.
B, Recognizing the increased demand for churches, temples, and synagogues to
supplement assistance and recovery to victims of both Presidentially declared or
undeclared disasters and the need to work in harmony with local governments and
private relief agencies, the Emmanuel Lutheran Church wishes to assist in
rendering the most efficient service with a minimum of duplication to the citizens
and guests of Collier County,
ill: Coordination of Effort: Cooperation and coordination between Collier county
Government, through its Emergency Management Department and Emmanuel Lutheran Church
at a time of major disaster and during the post-disaster recovery period should be maintained at
efficient levels and is part of the purpose of this Agreement. Emmanuel Lutheran Church works
on a voluntary basis as a member of the Collier Emergency Response Volunteer (CERV)
Working Group, and will make a continuing effort to acquaint its members of this Agreement to
assist Collier County government in carrying out mutual responsibilities for disaster relief.
IV: ResDonsibilities:
I
16Fl
.i\. CollIer ( Ollnl\' Fnwr.!.-!enc\ \lanagcmelll DCpan!l1l~lll a~rt'l's tCl111e foI1U\\ln,~,
I>
.,
'\otif\ Lmmanuci (,ulhl'ran (l1ur(\) "flhe pnt(_'lltt:I1 I1l'ed it) il"Sbl
111 atll\ilH,_'~ ("ilov-. !tH!.;j di'.;aslc'r ;lnd
Partlt'lpatl' in dnd ~h.~\:.'lup tLuning ill dhdslcr H.:spUnS(' fnr the memhers ot'
!--:r'i111UIHI'.?11 U1!1l'IJ11 (lHilch
\,,:-.;-.:.1 111111c I.k\('idpr'i'!t'lit pl:lll~~ !\:H F,n1I1li.lIHlel Lutheran Church and
Schedule pC!'lPd!c ll1l'dln~:.',\ (l1hL'J!" C\.('lT1S('S \U j;lmilI~\n/l' memhers nf
di-:..asll.,:r fH"(.Tarl'dness;)1" n:UJ\cr\ illitJatl\ I.'''; Clnt!
{Ii Ii/(' \\ hl'il ;1l1d <:1\ aj~pr\,pJ-i;l1C 111(' ';er\ll'i.:'~ \\1 Llllma!1lICI l.uthcJ'al1 Church
rot' I1I<lSi('1 r;~'ilcf:Jnd !"l'CU\Cn prolccls. and
\\ lll'lll'\l.'l !1\l'mhtT';, p\' I:mm,lllLh'l 11l111C)";111 ('hurch arc
rC!llknn;.: aid \u ( O)I.HT ( ;HIIl!\ (IP\ C:"11ilH!nt \ln~k~! l.hh\grecmcm
tl1C\ ....!1(dl kl\l: the S<.I111\..' IH\\\l'r~_ clutlt~:-'. f":,:-dlls. pnv:ll'gc'\ and
:!lP1HiilllC'" ,1\ 11 l!ln -,\('r.: PL'I r~,( min.:! Ihl..'11 duL,-'s 1\\l ( ,)\Iiel ('pulll\.
dnd (n\!:\:'1 ('iHilll\ ",hall he lidhic t~lr till'] I ach ;lIK\ ;JC1Ji,!lS as irif1C\
\\('1'i..' pl'rj~'r]i!i1l~,: lWlr dUllC'\ ;'(\1 ('ullle! Ci'LllllY ilnd
C()III,~r \nul1l\ .11.111 hl"li;lhlc L'l ,in\' kh:-, (H d:llnaEcs to an\ Cacdil\' (II
cquqJmCl1t utducCl PUISUdnl 1\', thIs .'\YTCl'lllCn\ ill1d shall pay ,Ill\, t"PCllSCS in
Jill' !-l'j),lir lIH:ll'C,j (1)1(1
(ollit'J ('UUllt\ ,l'.!ICl'S k1 he responsihle. In the ('\:ten! pruvided under /-/ori(/u
\iut!!\'\ "_!(I~ 2;..~. :~-)r!i~ lh'~_.dl~cnt ,ICIs ho\\c\cr this t\~SlH)]\Slhilit\, shall nul
scr\l' as a \\ai\C! lift ll!iicr COUlll\ '~;, S,..,\('rl'i~1l Irn11l1111Il\' limit.;,
,
-I
,
h
,
x
,mmanllt'] l.ulJJL'j';:l!' Cl1lird~ a0.rrc>'; t~)
Pn\\idl~ Li("ilitT,_''\ ~HhJ()! s((ICI"lil ((dlll'r ('Ollllt\' at no (:har~e during
till: di:--:il..;,lcr lVC)\l'l \, lH.'rlPcL lllld
1'1()\iCk' a ~>l hlnn cnliLlct Pl'!"';,)]) and alternates, and
l'rd\'idc ;_l rcprt'St'nt:l!!\l' l(l ;t!lend periodic mcdmgs ()l'thc Cl'1l1t'1
lll\c'r~~l'!h:\. Rl':~pOlhl' \'olullkcr (( r R \ ) \\'-'.1'1\1I1:}: (rn)up, and
P;lrlil"p;l!,,~ 11Il'\Ci\,'hl.~'l. clc\clilj-k'd h\ 1hc l'IllLT~:t'n,---:\ \-l<111agt'mcnt
!)cpannwlll ;11ll1
.::; Prn\idl'111\ I I11CI,~t::I1('\' \'landgt'lncnl [kpdnmcl11 \\111-1 (ill tll)daiC ot't~lcllit\
(11)(.1 111,111]1(,\\\('1 ,_'ap<lhllilIC..;,;i\ lea':.l :lnrJuall\ pnor to .Junc (II' cae!l \ear
C Both <lIthe ,,11m e Il<IIJll'd p:l!\rl" :w\'eec! 10 the iollo\\lIh!
'\0 l11ndillc[}liuns or chal1~c~ \\ill be made to ihc t~lci!1t\ prnpcrt\ b\
the ("{\Ilier CUl1ni\' Repres1'11lJll\ ,~' \\Ithuut the c\prc".s \\Tiu('n
\lpprO\;l! ,jl'lhl' ~!\\llcrl)pCratol
Plior to ,-<",.tQLl1Il.'\, rl'ph:S('flt;lli\c~ ufbull\ l~artlcs \\in Inspect the
j';\cl1n \-,' prOpU1Y and \\ ill nl1tc an\' (j I scrcp,llh:il'~ un I he i nspL'l:tioll 1'OrnL
Lllhlinr 1 ]j;\ ;l!;:.l lTI11l'n1
_1 Prior lu \\l'Cllj);Hll'\ l'cpresl'ntati\t's ()fhnth parties \vill again inspect the
rill'll!l\' P!'U]K'! [\, 1(1 nOlc anv discrt'palK1CS un the rc1c~-ISt'I~)I'm '-urmdl
\\(';lr and 11'M I'" ((\i)Sldeled 1l) the responslhilit\ ()fliw
()r!:~al1l/dt II H1 (1\\ncI'olllTalIH
o
16Fl
-4 lile r,lcdit~ propert\' \\111 be relurned t<) Ihe ur~:ani7.atinl1/n\Vn('r operator III
the -.;a111C l..:nl1dit1oll a~ it \\l:lS \\-hell ClCCupICdiau]lllrl'>d
.::: Other I'rO\1~101l'\ as l(lllll\' 11nn('
\'. Effcctivc natc. Aulomat;r RCI\l'\\al. ami \lodifira!ioJl: i111,' .\g'''''I11CI1I l'lc,cnh the
!-2encral and S011\1.." ',pecifie >!uidclilies b\ \\l1lcl1 Cnll'I~:r <. .IUllt\ thl0ll0-h ih r,l1lCr~(,lK\
\'1allagcn1t..~nl ()C!1,:1rll11C1l1 and 1';illtlLlIlllVl Iulh('r~l!l ('illliCh \\\11 C,)OplTalc to aid \i\.~tim" at
dK liml' ofdl\(lStCl In \\il!k'SS l!l('r\..-'cd: 11ll' p;llllC< ha\~,~ c\'l:cutCc1 l11i" d~.!Tc'('mC!11 ()1l the e1;lte'
ltHlicatcd rlll' pnh'sltlllS \y!' I he i\,:-!TCt'lI11'J"lt \\ Ii I he ctrce! i\(' !,!'Olrl till..' d:_lIc approved bv the
nuard t'~i'C()\l1lt\ (\1IllI11hSidlil..-'1< \(II~! period {Jl'three l ~l \('(\r:~: \tlhl'1...'nd ut'tl1l' lhrcc \Tal
l3ljwri;\cL thIS _'\'j.TCl'!rH.'lll \\ ill ~llllolllallcallv lTllC\V ror :ltl additionallCrlll ur une \'Car unless
lcrmlllaiCd ;1':\ pru\':dcd:n !\n~1.'l;'~q'dl \'1 {It' I11l'~\~2JC('n'I(~nl \1 ,he l'nd '.If the one {I) vear
!"C'ilt'\Vcl1 j1crlmL 1h!,,'\!!.ICl'Hwn\ \\dJ (t'I1('\\ r(q- ;111 :hldill\.Hhl\ I ('IT:] (Tnt..' (] I \.'('ar unkss
IC[,lllll1arl'd as pni\ Hied in [':lra:~.raph ,-, or tlw, ,\grCCllh'nl l-h\":'-\\";~i-Ci..'1l1('J11 ma\ ()1'IJ\ ["'1('
lUI\,Ill(l icalh !\,~nt'\\l.'d t\\<.'J ll\11e--,_ B,l!l1 p:nt\cC, ild\l' Ihe ;nJlllui1t\ !(: ;!rnt.'nd Pi()\~'-_i(H1S nflhlS
\1cmnr'l11dtlm \)1' I Ildl~1S1~I!lclill,~~ lqh\l1 \litlllJill (01hCnl and b\ \\rlllCn illstrllllil'1l1 C\CCllh:.d l)\
the Panil.:'s
VI. Tennination: Lither party md\" lennniate this i\glee-men! h:,' pr\i\'ldin~ the nthl'J partv \\\111
nOfice ,)1' it:-' imcllt to lcrll1illalC \\-ith 3() dav-;.; \vrittcll 1l(l11,,--: I"he "~rc(,lll('nt may he
Inlll1edia!eh and ~lutumdt)c;1l1\ h..'rlllIJl<llL'd hy the ('nunl\ \\ ithnut I\n)\idirl~ :)lIch notice
"huu!d the ('punt)' i\.'as<.Hlahh ht~\tc\C' 111M the :'-;pl1ll Ui intent tlj'Chaplcr 2~=: Florida Slall.ncs
is lIol hC1I1:-: clrc('tuatl'd b\ 1111'-; \~J('C111l'1\!
\S ro (;(lL~n
\lkst
DWIGllT E. BROCK Clelk
S/x:2/t7
Eh ~:~(~f'
.i 1 ",,&turf OIl)"
\Vl(~L~
PIliit '-';11'" (?C;{J.(-r?7 C;<"IV/l(:-~
-rfiGI/) <IRe; R .
"ro.. _i1' ..., . J ~.
. VUl")(~ ,~'~\ (Yt~../'>--'
Pril1t ]\,II11\' l'V1.e.J\~~,O- SChf","'~"A-
<'"
,--'-~e.<..~
Il\
:ll~"l1";:It;.C
'-e>"t..lt4 ~ \(.el'......
S IO\IT OF FLORID \
01 '1\1\ 01 COI I IIR
I J'e 1e\1 ",-,""I" Ill'll 111111'111 "," del-- 11<'" Iedgl'd l,cJ; 'IT 111e this /1 da\ or
/Jr;rl/ .' 101' h f!,€rrdd ;tt.,r as -P;---"'O:J,r/-<'I1---r- or
1'/tttYIlintte/.0l'lkril-<-{'i..tlrd- .. .. lie She i, I i pCISOllilll\ kIlO\\I11n 111e, or
rx:! has IJI"dlllTd dli \u's 1,e'c'1''' no }C4,oD -c216-'I3-117.0 ;h Idcnt illcal iOIl
("I \1 I
16Fl
(l~71~Y~d~
'\:01\1\\ 1'\ BLI(
,\:,\<nc (tVI/57Il/l/C'E !U,4L/crc 5
(T\~l(' (lr Pnm \
\1\' C(lml1ll~"'i( rl 1_\.\11[i.':-;
,\ppl"()\cd (1' to form and lesal ..;utTll.-ICllL\
ij"'\ Constance Wllloto
\~.i My Commlsslon 00228381
.."",' Expues July 01, 2007
~~.
Jennifer \ 1~~:lr~d',CJ
\:"..!st<l111 Count\. '\n01!lC\
ltmnff. ~
Ago "3 s- 2'--07
[Uo ---
C,c;" ':)-'2. Z-bl
['.ce" ----
16F2
MEMORANDUM
Date:
May 22, 2007
To:
Artie Bay
EMS, Operations Analyst
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Amendment to COPCN Permit for NCH
Enclosed please find one copy of the above referenced document (Agenda
Item #16F2), approved by the Board of County Commissioners on Tuesday,
May 22, 2007.
If you have any questions, please call me at 774-8406.
Thank you.
Enclosures (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIlI 6 F 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to he forwarded to the Board OlTice on 1\ aftct: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines 1#1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceDtion of the Chairman's si~ure, draw a line throUl!t routinl:!: lines # l throu2h #4. r..vnnlete the checklist, and forward to Sue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routine order)
1.
2.
3.
.
4.
5. Sue Filson, Executive Manager Board of County Commissioners (!J}C 5/Q.':J/07
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(TIle primary contact is the holder of tile original docwnenl pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnalion is needed in the event one of the odIressecs above, including Sue Filson.. need to contact sIaff for additiooal or missing
information. All original docwnents needing the Bee Chairman's signature are to be deli~ered to the ace office only after the Bee has acted to approve the
item)
Name of Primary Staff Artie Bay, EMS (Minutes & Records Phone Number 530-6285
Contact olease call for pick-up)
Agenda Date /tern was 5/22107 Agenda Item Number l6F2
Aooroved bv the Bee
Type of Document Amendment to eOpeN Permit for NCII Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is
r riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, ele, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ssibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
OffICe and all other ies exce the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed 011 the appropriate pages indicating where the Chairman's
s' nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing s!ip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents arc time sensitive and require forn'ardlng to Tallahassee within a certai!1
time frame ortbc Bee's actions arc nullified. Be aware ofynur dcadfincsr
The document was appr",cd by the BCC ()n~_5/22107 ___...~__(enttr date) and all
('banges made during tho.' mcding. ha.., bf.'fn incHrporatcd in the aUacht:d ifot:lHH-t'nL
Tbe Count\- Attorlle's Office has revtt'w(''tI the t~han es., if a licablt.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
Me
CflC
(!fie
c.f3C
c.{tc
CAe
t ~flmISJ' \ount" forntSi BlJ.~ fonnsi Onyuillc lkx.un~m... Ruuung Slip '~'ws Uftl?'~taI. '1.U3:.tH. k.:.\o~ i.26.05, R;;:...is..:.d2.24u5
16F~
COLLIER COUNTY, FLORIDA
AMENDMENT to Renewal of Class "2" COPCN
Name of Service:
NCH Ambulance Services
Name of Owner:
NCH Healthcare Svstem
Principle Address of Service: 2157 Pine Ridge Road. Naples. Florida
Business Telephone:
(239) 513-7080
Description of Service:
Intrafacility and out of county transport for the NCH Healthcare
System
Number of Ambulances:
3 Ground Units; NCH will operate no less than one (1) and UP to
three (3) Ground Units on immediate call at all times.
See attachment for description of vehicles.
On December 13, 2005 the Collier County Board of County Commissioner ("Board") issued a
COPCN to NCH Healthcare System. On January 23, 2007, the Board issued a renewal to the
COPCN that expires on December 31, 2007, entitled Renewal of Class "B" COPCN. (Class "2"
complies with Ordinance 04-12, as amended,)
The Board finds that the number of Units set forth above is sufficient to meet the public
convenience and necessity. This amended permit, as provided by Ordinance No. 2004-12, shall
allow the above named Ambulance Service to operate intrafacility and out of county transports
for a fee or charge for the following,area(s): Collier County until December 31,2007 exceJ:lt that
this permit may be revoked by the Board at any time the service named herein shall fail to
comply with any local, state or federal laws or regulations,
nd fYl
Issued andapJ,lrred this :;):) day of 'a1f ,2007
ATTEST:
Dwight'F, ~rock," Clerk,
~':to~tXO( .
s1On.~ture' on1. ...'
Apprd~ed as to form and legal sufficiency:
~ ~O 13- :t-<~'A ~
Jenmfer A. BelpedlO
Assistant County Attorney
James N. Coletta, Chairman
Item # \loPo
Agenda 5-7.7 -01
Date (.
07.EMG"OOO85/1
16F4
MEMORANDUM
Date: June 7, 2007
To: Lynn Wood, Contract Specialist
Purchasing Department
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: Agreement for "Rescue Ambulance Billing &
Related Professional Services"
Contractor: Advanced Data Processing, Inc.
Enclosed are three(3) original contracts, as referenced above (Agenda
Item #16F4) approved by the Board of County Commissioners on Tuesday,
May 22, 2007.
The Finance Department and Minutes & Records Department have retained
a copy.
If you should have any questions, you may contact me at 774-8406.
Thank you,
Enclosures (3)
ITEM NO.:
, ,H\',,_ 16 F 4 ~ ~
., :-"~[)MEI! RECEIVED:
,(jiJtHY ,1\11 URNtJ
FILE NO.:
ROUTED TO01-PRC -oobg,
ZDUHlf,Y 25 M\ II: 52
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: May 24, 2007
To: Office of the County Attorney
Attention: Robert Zachary
From: Lyn M. Wood, C'p,M" Contract Specialist
Purchasing Department, Extension 2667
Re: Agreement: "Rescue Ambulance Billing & Related Professional
Services"
Contractor: Advanced Data Processing, Inc,
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on May 22, 2007; Agenda
Item 16,FA.
This item has not been previously submitted.
cv~
C-vU:>'
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, please forward to the chairman of the Board of County
Commissioners. for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office: T.han~ you, Crt.. ,/ . _ /
(730/07- r~ f>M-Wl' ~ ~ ~ ~.
(;!J'/07- D~ lJ..--~ ~ ~ ~ ~ ~~A~,
t/>1()7-~~~'O/(.@
C: Artie Bay, EMS
16F4
,'""
j;.r\\ F\
-~.i\\, \',
J:' "J'
~ "m
- COLLIER COUNTY GOVERNMENT
. 5 '
" - M!
;: S 1
Administrative Services Division
Purchasing Department
Purchasing Building G
3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: 239/774-8375
FAX: 239/530-6597
Email: DianaOeLeon(~f.colliergov.net
Kay,
Enclosed are five (5) copies of Contract 07-PRC-0068I for Rescue Ambulance Billing & Related
Professional Services with Advanced Data Processing, Inc.
Per yollr e-mail request, the signature page contains the signatures of two (2) witnesses; there are
now five (5) copies of the contract (except for the Seminole County Agreement which you have
included in the contracts at your officc); and the Certificate of Insurance has Collier County BCC
as both Certificate Holder and Additional Insured.
Let me know if you need anything further.
Thanks,
'---'hc..~ '
Diana De Leon
Purchasing Dept.
16F 4
MEMORANDUM
TO: Wayne Fiyalko
Risk Management Department
FROM: Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department
DATE RECEIVED
MA y 2~ 2007
RISK MANAGEMENT
DATE: May 24,2007
RE: Review of Insurance for Contract: "Rescue Ambulance Billing &
Related Professional Services"
Contractor: Advanced Data Processing, Inc.
This Contract was approved by the BeC on May 22, 2007; Agenda Item
16.FA.
Please review the Insurance Certificates for the above-referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded,
Thank you. If you have any questions, please contact me at extension 2667,
:;;:/~(jl.
At<~_Y ~'-~ ~
UO~
dod/LW
C: Artie Bay, EMS
RE: 07-PRC-00681 Rescue Ambulance Billing/related professional Services:
Page 1 of2
16F4
nell_k
From:
Sent:
To:
Cc:
LynWood
Wednesday, May 30, 2007 3:03 PM
DeLeon Diana
Subject:
AssocURL:
zachary_r; nelLk
RE: D7-PRC-00681 Rescue Ambulance Billing/related professional Services:
httpl/bccex01 0 1/pu blic/Client% 20 Profi les/C PSQ L/Matter%20 I nfo/12840/Messages/
{DE631 E5D-2C4E-4235-988F-2544929A2149},eml
CaseSK: 12840
DatabaseName: CPSQL
IblNumAttach: 0
Matter: D7-PRC-D0681
MatterStyle:
MessageGUID:
MsgHeaderlD:
Original Date:
ProfileName:
Style:
07-PRC-00681 Rescue Ambulance Billing/related professional Services
{F64E8A50-918A-4EBF-8CD7 -0966860A6DDF}
<D4DE7E65957 4A24DB67 A86AC3E562A75D86BB2B8@bccex0101,bcc,colliergov,net>
None
CPSQL
Rescue Ambulance Billing/related professional Services
Diana, Would you please work with Kay Nell on the issues below using resources in Contract Admin, If you
require, Thanks,
Kay, I am out of the office until 6/4,
From: nell_k
Sent: Wednesday, May 30, 2007 2:41 PM
To: LynWood
Cc: zachary_r
Subject: 07-PRC-Q0681 Rescue Ambulance Billing/related professional Services:
I have reviewed the contract and have the following questions:
1. There are only two contracts submitted to this office. Is that acceptable in this case?
2. There are no witnesses or notary acknowledgment to Doug Shamon's signature. You will
need to have him resign before 2 witnesses or a notary public.
3. The named certificate holder and the party listed as an additional insured on the Certificate
of Insurance is Collier County Government Purchasing Department. This will need to be
change to reflect Collier County.
Please address these issues referenced above. Thank you.
5/30/2007
RE: 07-PRC-00681 Rescue Ambulance Billing/related professional Services:
pai6fF 4
Xay Neef, CL.Jl
Comer County .Jlttorney's Office
T'eCeyfione Num6er (239)774-8400
:Fax Num6er (239)774-0225
5/30/2007
16F 4
AGREEMENT BETWEEN
COLLIER COUNTY
AND
ADVANCED DATA PROCESSING, INC.
FOR RESCUE AMBULANCE BILLING & RELATED PROFESSIONAL SERVICES.
THIS AGREEMENT, hereinafter "AGREEMENT", made and entered into this 22nd day
of Mav , 2007 by and between COLLIER COUNTY, a Florida political subdivision,
with principal offices located at 3301 E. Tamiami Trail. Naples, Florida 34112 hereinafter
referred to as the "COUNTY", and Advanced Data Processing, Inc" a Delaware
Corporation with principal offices located at 6451 North Federal Highway, Suite 1002.
Fort Lauderdale, Florida, 33308, hereinafter referred to as the "CONTRACTOR".
WITNESSETH:
WHEREAS, Seminole County, a political subdivision of the State of Florida, entered into
an agreement ("Seminole Agreement") with CONTRACTOR dated August 28, 2006 and
as amended; and
WHEREAS, Seminole County utilized the due diligence established by the County
seeking responses from qualified firms to provide medical billings, collections, and
accounts receivable professional services for Seminole County's EMS Fire Rescue
Division; and
WHEREAS, the COUNTY desires to "Piggyback" the Seminole County process and
obtain certain terms and conditions of the Seminole Agreement, and
WHEREAS, the COUNTY desires an adjustment to the Contractor's fees if the COUNTY
provides certain assistance in completion of the Scope of Services, and
WHEREAS, the parties hereto now wish to enter into an agreement, pursuant to which
the CONTRACTOR will render those professional services in connection with said
project as defined in CONTRACTOR'S Agreement and hereinafter provided;
NOW THEREFORE, the parties hereto agree as follows:
1. DEFINITION OF THE PROJECT. The objective of the project is to utilize the services
of the CONTRACTOR to provide the COUNTY with ambulance billing and related
services.
2. SCOPE OF SERVICES. The CONTRACTOR shall perform and carry out the work as
defined in the Seminole Agreement heretofore referenced and attached hereto. All
payments shall be paid directly to COLLIER COUNTY or via Locked-Box facility as
directed by the COUNTY, COUNTY will provide specific assistance in completion of the
Scope of Services and receive credit as defined herein on the basis of assistance it
provides,
3. TIME OF PERFORMANCE. This Agreement shall be effective for a five-year period
from May 1, 2007 through April 30, 2012, under the terms and conditions contained
Page 1 of9
16 F 4 '
herein unless otherwise terminated. This AGREEMENT may be renewed for a period of
two additional1-year terms by mutual agreement of the parties.
4. COMPENSATION AND METHOD OF PAYMENT.
4,01 The COUNTY reserves the right to request changes in the services within the
general scope of the Agreement to be performed upon mutual written agreement by the
COUNTY and CONTRACTOR that shall specify the change requested and the
adjustment of time and compensation required therefore.
4,02 Any services added to the scope of this Agreement by a change order shall be
executed in compliance with all other applicable conditions of this Agreement. No claim
for additional compensation or extension of time shall be recognized unless contained in
the duly executed change order.
4.03 The CONTRACTOR shall be paid by the COUNTY a monthly amount representing
fees for the basic services provided computed as:
4,03(a) Six and twenty-five one-hundredths percent (6,25%) of all monies
collected by CONTRACTOR, excluding amounts collected from Florida Medicaid, plus
4,03(b) Seven dollars and fifty cents ($7.50) per Florida Medicaid account,
whether or not such account is ultimately paid by Florida Medicaid.
4.03(c) an amount of eighty-five cents ($0.85) per notice for providing billed
patient required HIPAA-compliant Privacy Notice per Scope of Work (Exhibit A),
Contractor reserves the right to increase these fees if postage is increased by the United
States Postal Service, but only to cover additional postage costs,
4,04 The CONTRACTOR shall be paid by the COUNTY a monthly amount representing
fees for the optional services provided computed as:
4.04(a) an amount of seven and twenty-five one-hundredths percent (7.25%) of all
monies collected by CONTRACTOR for accounts with date of transport prior to May 1,
2007, excluding amounts collected from Florida Medicaid.
4.04(b) an amount of one and seventy-five one-hundredths percent (1.75%) of all
monies collected by CONTRACTOR for optional use of CONTRACTOR's TripTix field
automation system software and hardware,
4,05 The COUNTY shall be credited by the CONTRACTOR a monthly amount of
twenty-five hundred dollars ($2500.00) representing fees for the optional services
provided by the COUNTY in accordance with the Optional Services Provisions as
speCified in Attachment C.
4.06 The COUNTY shall issue a check for the amount invoiced in accordance with
Chapter 218, Florida Statutes, also known as the Florida Prompt Payment Act, upon
receipt and acceptance of an accurate invoice. Contractor will resolve any disputed
amounts within sixty (60) days from the date COUNTY gives notification,
Page 2 of 9
16F 4
4,07 Should the COUNTY elect to open and maintain a lock box, it shall bear all the cost
associated with such Lock-box services. Should the COUNTY elect to participate in any
credit card acceptance program, agrees to assume and be responsible for all costs
associated with such program, All other costs incurred by CONTRACTOR in the
performance of services as specified herein (including, but not limited to postage,
materials, communications and phone costs and other operating costs) shall be
assumed by the CONTRACTOR.
5. REPORTS. The CONTRACTOR shall provide the COUNTY with status reports as set
forth in the Seminole Agreement and other reports as mutually agreed. The
CONTRACTOR shall also provide changes to such reports and ad hoc report requests
on a reasonable basis and as mutually agreed, CONTRACTOR reserves the right to
charge an additional fee for any programming cost associated with ad hoc reports that
would require more than a reasonable amount of time to accomplish,
6. DATA TO BE FURNISHED BY COUNTY. The COUNTY will make available to the
CONTRACTOR, for use in performance of services under this Agreement, all available
reports, studies or any other materials in its possession that may be useful to the
CONTRACTOR. All material furnished by the COUNTY will not be disclosed to any
party, other than as required under the scope of the Agreement, without the COUNTY's
prior written approval.
7. INDEPENDENT CONTRACTORS. The CONTRACTOR is an independent contractor
and not an employee or agent of the COUNTY with the following exception:
To the extent necessary to fulfill its billing and collection efforts
under the Agreement, the CONTRACTOR is authorized to sign in an
administrative capacity for the COUNTY the following types of standard
forms and correspondences only: probate filings; letters to patients or
their representatives verifying that an account is paid in full; forms
verifying the tax-exempt status of the COUNTY; and insurance filings
and related forms, The CONTRACTOR has no authority to sign any
document that imposes any additional liability on the COUNTY,
The CONTRACTOR shall retain full control over the employment, direction,
compensation and discharge of all persons assisting in the performance of service by
CONTRACTOR. The CONTRACTOR shall be fully responsible for all matters relating to
payment of employees, including compliance with Social Security, withholding tax and all
other laws and regulations governing such matters, The CONTRACTOR shall be
responsible for its own acts and those of its agents and employees during the term of
this Agreement.
8. 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 ContractorNendor/Consultant or
anyone employed or utilized by the ContractorNendor/Consultant 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,
Page 3 of 9
16F4
This section does not pertain to any incident arising from the sole negligence of Collier
County,
9. INSURANCE.
9,01 CONTRACTOR shall procure and maintain for the duration of the Agreement, the
following insurance coverage:
9,01(a) Workers' Compensation Insurance in compliance with the applicable
state and federal laws
9,01(b) General Liability insurance in an amount no less than $1,000,000 per
occurrence,
9.01(c) Coverage for business interruption, destruction of data processing
equipment and media, liabilities affecting accounts receivable, contracts and
independent contractors and, valuable documents in an amount no less than
$100,000 aggregate;
9,01 (d) Liability coverage for all vehicles whether owned, hired or used in the
amount of $500,000; and
9,02 The policies are to contain, or be endorsed to contain, the following provisions:
9.02(a) General Liability and Automobile Liability Coverage (COUNTY is fo be
named as Addifionallnsured),
1. The COUNTY, its officers, officials, employees and volunteers are to
be covered as additional insureds; liability arising out of activities
performed by or on behalf of the Contractor, including the insured general
supervision of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of protections
afforded the COUNTY, its officers, officials, employees or volunteers.
2. The Contractor's insurance coverage shall be primary insurance as
respects the COUNTY, it officers, officials, employees and volunteers,
Any insurance of self-insurance maintained by the COUNTY, its officers,
officials, employees or volunteers shall be in excess of the Contractor's
insurance and shall not contribute with it. Contractor hereby waives
subrogation rights for loss or damage against the COUNTY.
3. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the COUNTY, its officers, officials, employees
or volunteers.
4. The Contractor's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect to
the limits of the insurer's liability,
Page 4 of 9
16F 4
5, Companies issuing the insurance policy, or policies, shall have no
recourse against the COUNTY for payment of premiums or assessments
for any deductibles with are all at the sole responsibility and risk of
Contractor.
9.02(b) All Coverage
1, Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the COUNTY.
Contractor shall furnish the COUNTY with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf, All certificates and endorsements are to be
received and approved by the COUNTY before work commences. The COUNTY
reserves the right to require complete, certified copies of all required insurance policies
at any time,
10. OWNERSHIP OF DOCUMENTS. CONTRACTOR shall be required to work in
harmony with other consultants relative to providing information requested in a timely
manner and in the specified form, The CONTRACTOR agrees that any and all
documents, records, disks, and electronic data produced in the performance of this
Agreement shall be the sole property of the COUNTY, including all rights therein of
whatever kind except as may otherwise be provided hereinafter.
11. ATTACHMENTS. The following named attachments are made an integral part of this
Agreement:
A. Seminole Agreement, dated August 28, 2006 (Exhibit A attached hereto and
made a part hereof)
B. Business Associate Agreement (Exhibit B attached hereto and made a part
hereof)
C. Optional Service Provisions (Exhibit C attached hereto and made a part hereof)
12. TERMINATION. During the time of this agreement the COUNTY may terminate this
Agreement either for convenience or for default after first giving to CONTRACTOR thirty
(30) days written notice,
For cases of default, the CONTRACTOR shall be given opportunity to cure the default
within the thirty (30) day period following such written notice. In the event the acts
constituting default are a violation of law, CONTRACTOR shall be subject to immediate
termination of Agreement.
1.1 Upon termination for any cause, the CONTRACTOR shall submit an invoice(s) to
the COUNTY in an amount(s) representing fees for services actually performed or
obligations incurred to the date of effective termination for which the CONTRACTOR has
not been previously compensated. CONTRACTOR shall not be entitled to any other or
further recovery against COUNTY, including, but not limited to, anticipated fees or profits
Page 5 of9
16F4
on Services not required to be performed. CONTRACTOR must mitigate all such costs
to the greatest extent reasonably possible,
Upon payment of all sums found due, the COUNTY shall be under no further obligation
to the CONTRACTOR, financial or otherwise,
For purposes of this section, the notice period begins when the CONTRACTOR receives
written notice from the COUNTY,
13. UNCONTROLLABLE FORCES. Neither the COUNTY nor CONTRACTOR shall be
considered to be in default of this Agreement if delays in or failure of performance shall
be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non-performing party could not avoid, The term "Uncontrollable Forces"
shall mean any event which results in the prevention or delay of performance by a party
of its obligations under this Agreement and which is beyond the reasonable control of
the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms,
lightning, epidemic, war, riot, civil disturbance, sabotage, terrorism and governmental
actions,
Neither party shall, however, be excused from performance if non-performance is due to
forces that are preventable, removable, or remediable nor which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
14. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding
permitted by this Agreement to resolve disputes between the parties, the parties shall
make a good faith effort to resolve any such disputes by negotiation, The negotiation
shall be attended by representatives of CONTRACTOR with full decision-making
authority and by COUNTY'S staff person who would make the presentation of any
settlement reached during negotiations to COUNTY for approval. Failing resolution, and
prior to the commencement of depositions in any litigation between the parties arising
out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida, The
mediation shall be attended by representatives of CONTRACTOR with full decision-
making authority and by COUNTY'S staff person who would make the presentation of
any settlement reached at mediation to OWNER'S board for approval. Should either
party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under section 44,102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters,
15. JURISDICTION, VENUE and CHOICE OF LAW. All questions pertaining to the
validity and interpretations of this Agreement shall be determined in accordance with the
Page 6 of 9
16 F 4 ~
laws of the State of Florida. Any legal action by either party against the other concerning
this agreement shall be filed in Collier County, Florida, which shall be deemed proper
jurisdiction and venue for the action.
16. ASSIGNMENT OF AGREEMENT. Except to a parent, subsidiary, or affiliate, the
CONTRACTOR shall not sell, transfer, assign or otherwise dispose of this Agreement or
any part thereof or work provided therein, or of its right, title or interest therein, unless
otherwise provided in the Agreement, without express prior consent by the COUNTY,
17. NOTICES. All notices pertaining to this Agreement shall be delivered, mailed,
emailed or sent by facsimile to such party at their respective address as follows:
To the COUNTY:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell, Purchasing/GS Director
Telephone: 239-774-8371
Facsimile: 239-732-0844
To the CONTRACTOR:
Brad Williams
Vice President, Finance
Advanced Data Processing, Inc,
500 NW 165 Street Road, Suite 104
Miami, Florida 33169
18. PIGGYBACK. CONTRACTOR hereby extends to COUNTY the terms and conditions
of the Seminole Agreement with the exception of Compensation and Payments which
shall be governed by this Agreement (due to differences in transport volumes of the
COUNTY and Seminole County and other service provisions not offered in the Seminole
Agreement), Where any conflict exists between this Agreement and the Seminole
Agreement, this Agreement shall prevail.
19. REPESENTATION AND WARRANTY. CONTRACTOR represents that they have
experience and agrees to follow all Federal, State and Local Laws including, but not
limited to, Public Records Laws and those laws and statutes applicable to discrimination.
20. SEVERABILITY. Should any part, term or provision of this Agreement be by the
courts decided to be illegal or in conflict with any law of the State of Florida, the validity
of the remaining portions or provisions shall not be affected thereby,
21. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
parties, The CONTRACTOR represents that in entering into this Agreement it has not
Page 70f9
16F 4
relied on any previous oral and/or implied representations, inducements or
understandings of any kind or nature,
[signature pages to follow]
Page 8 of 9
16F4
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on the date
and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:"e~' '~O(.
Da.te~l:- ;,.tc-. 0 ,
:~ttirt Oft1 ~
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
//1
By:
J
Approved as to form and
leg ff' ~
Print Name
CONTRACTOR:
Advanced Data Processing, Inc.
A Del are Corporation
D G SHAMON
PRESIDENT
7 jj
L)t~ )JrL'l-{LALZ
Fi (Witness
C"c1cj ?/lnlle l
lType/print witness name!
JtrJ//I</dlt2/m0
, Second Witness
Br,d L.J, //"un5
lType/print witness namel
Item # \Cp f L\-
Agenda S-?-2--on
Date -
Date lo-lrCl
Rec'd
Page 9 of 9
16F 4
Exhibit A: Seminole County Agreement
16F4
THIS AGREI':MENT is made and entered into this
C1..'--I..f:~ _v...>>-, 2 0 uk:>,
BILLING SERVICES AGREEMENT (RFP-0780-06/TRJ)
EMERGENCY MEDICAL SERVJ:CES TRANSPORT I
dOl. i'\,C
day of
by and between ADVANCED DATA PROCESSING,
INC., duly authorized to conduct business in the State of Florida, whose
address is 500 N.W, 165" Street, Suite 102, Miami, Florida 33169,
hereinafter called the "CONTRACTOR", and SEMINOLE COID/TY, a political
subdivision of the State of Florida, whose address is Seminole County
Services Building, 1101 East First Street, Sanford, Florida 32771,
hereinafter called the "COUNTY"_
WIT N E SSE T H:
WHEREAS, the COUNTY desires to retain the services of a competent
and qualified contractor to provide billing services for emergency
medical services transport in Seminole County; and
WHEREAS, the COUNTY has requested and received expressions of
interest for the retention of services of contractors; and
WHERRlS, CONTRACTOR is competent and qualified to furnish services
to the COUNTY and desires to provide its professional services according
to the terms and conditions stated herein,
NOW, THEREFORE, in consideration of the mutual understandings and
covenants set forth herein, COUNTY and CONTRACTOR agree as follows:
SECTION 1.
SERVICES.
COUNTY does hereby retain CONTRACTOR to
furnish professional services and perform chose tasks as further
described in the Scope of Services attached hereto and incorporated
herein as Exhibit "All.
SECTION 2 .
AUTHORIZATION FOR SERVICES.
Authorization for
performance of professional services by the CONTRACTOR under this
Agreement shall be in the form of written Notice to
1
PrOCeed iUIffi~1I:0Iltl)P'(
, MARYANNE MORSE
CLERK OF CIRCUIT COURT
SEIoIIHOLE COUNTY. FLORIDA
o~-~(\ /I ~ ~ .PIlA\ ,~
BY DEPUTY CLERK
executed by the COUNTY.
16F 4
1
.,
SECTJ:OI>l' 3, COMPE!I"SAT:IOI>l' AND PAYMENT.
(a)
The
COUNTY
agrees
to
compensate CONTRACTOR
for
the
professional services called for under this Agreement as follows:
Compensation shall be an incentive fee (percentage of collected amount
of 6.25%. Monthly contingency of all monies collected in the previous
month (excluding Medicaid accounts)
plus a $7.50 flat fee per account
-
for collecting of all Medicaid accounts, taking into consideration that
Florida Statutes prohibit charging on the basis of receivables for
billing of Medicaid accounts.
(b) Payments shall be made to the CONTRACTOR when requested as
work progresses for services furnished, but not more than once monthly.
CONTRACTOR may invoice amount due based on the total required services
actually performed and completed.
Upon review and approval
of
CONTRACI'OR'S invoice, the COUNTY shall, within thirty (30) days of
receipt of the invoice, pay CONTRACTOR the approved amount.
SECTJ:ON 4. BILLJ:NG AND PA'YMENT.
(a) CONTRACTOR shall render to the COUNTY, at the close of each
calendar month, an itemized invoice, properly dated including, but not
limited to, the following information:
(1) The name and address of the CONTRACTOR;
(2) Contract Number;
(3) A complete and accurate record of services performed by
the CONTRACTOR for all services performed by the CONTRACTOR during that
month and for which the COUNTY is billed and the name of the individual
performing each serViC8j
(4) A description of the services rendered in (3) above
with sufficient detail to identify the exact nature of the work
performed; and
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"
(5) Such other information as may be required by this
Agreement or requested by the COUNTY from time to time.
The original invoice shall be sent to:
Director of County Finance
Seminole County Board of County Commissioners
Post Office Box BOBO
Sanford, Florida 32772
A duplicate copy of the invoice shall be sent to:
Public Safety Department I ~S Fire Rescue
150 Bush Loop, Suite 2-13B
Sanford, FL 32773
(b) Payment shall be made after review and approval by COUNTY
within thirty (30) days of receipt of a proper invoice from the
CONTRACTOR.
SECTIOlil 5. AUDJ:T OF RECORDS.
(a) COUNTY may perform or have performed an audit of the records
of CONTRACTOR after final payment to support final payment hereunder.
This audit would be performed at a time mutually agreeable to CONTRACTOR
and COUNTY subsequent to the close of the final fiscal period in which
the last work is performed.
Total compensation to CONTRACTOR may be
determined subsequent to an audit as provided for in subsection (b) and
of this subsection, and the total compensation so determined shall be
used to calculate final payment to CONTRACTOR.
Conduct of this audit
shall not delay final payment as required by Section 4(b).
(b) The CONTRACTOR agrees to maintain all books, documents,
papers, accounting records and other evidences pertaining to work
performed under this Agreement in such a manner as will readily conform
to the terms of this Agreement and to make such materials available at
CONTRACTOR'S office at all reasonable times during the Agreement periOd
and for five 15) years from the date of final payment under the contract
for' audit or inspection as provided for in subsection (a) of this
Section.
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(c) In the event any audit or inspection conducted 'after final
payment, but within the period provided in subsection (b) of this
Section reveals any overpayment by COUNTY under the terms of the
Agreement, CONTRACTOR shall refund such overpayment to COUNTY within
thirty (30) days of notice by the COUNTY.
SECTION 6. RESPONSIBILITY OF CON'l'RACTOR.
(a) CONTRACTOR shall be responsible for the professional quality,
technical accuracy and the coordination of all reports and other
services furnished by CONTRACTOR under this Agreement. CONTRACTOR
shall I without additional compensation, correct or revise any errors or
deficiencies in his services.
(b) Neither the COUNTY'S review, approval or acceptance of, nor
payment for, any of the services required shall be construed to operate
as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement and the CONTRACTOR
shall be and remain liable to the COUNTY in accordance with applicable
law for all damages to the COUNTY caused by the CONTRACTOR'S performance
of any of the services furnished under this Agreement.
SECTION 7. OWNERSHIP OF OOCUMEmS. All deliverable reference "
data, survey data, plans and reports that result from the CONTRACTOR'S
services under this Agreement shall become the property of the COUNTY
after final payment for the specific service provided is made to
CONTRACTOR. No changes or revisions to the documents furnished by
CONTRACTOR shall be made by COUNTY or its agents without the written
approvalof,CONTRACTOR.
5ECTr0!i1 B. TERM. This Agreement shall take effect on November
20, 2006 and shall remain in effect for a period of three (3) years and,
at the option of the parties, may be renewed for two (2) additional one
(1) year periods.
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"
SECT:ION g. TERMINATION.
(a) The COUNTY may, by written notice to the CONTRACTOR,
terminate this Agreement, in whole or in part, at any time, either for
the COUNTY'S convenience or because of the failure of the CONTRACTOR to
fulfill CONTRACTOR'S Agreement obligations. Upon receipt of such
notice, the CONTRACTOR shall:
(1) .immediately discontinue all services affected unless
the notice directs otherwise, and
(2) deliver to the COUNTY all plans, studies, reports,
estimates, summaries, and such other information and materials as may
have been accumulated by the CONTRACTOR in performing this Agreement,
whether completed Dr in process.
(b) If the termination is Eor the convenience of the COUNTY, the
CONTRACTOR shall be paid compensation for services performed to the date
of termination. CONTRACTOR shall be paid no more than a percentage of
the Fixed Fee amount equivalent to the percentage of the completion of
work contemplated by the Agreement.
(c) If the termination is due to the failure of the CONTRACTOR to
fulfill his Agreement obligations, the COUNTY may take over the work and
prosecute the same to completion by Agreement or othe1:Wise. In such
case, the CONTRACTOR shall be liable to the COUNTY for reasonable
additional costs occasioned to the COUNTY thereby. The CONTRACTOR shall
not be liable for such additional costs if the failure to perform the
Agreement arises out of causes beyond the control and without the fault
or negligence of the CONTRACTOR. Such causes may include, hut are not
limited to, acts of God or of the public enemy, acts of the COUNTY in
either its sovereign or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually
severe weather; but, in every case, the failure to perform must be
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16F4
.,
beyond the control and without the fault or negligence of the
CONTRACTOR.
(d) If, after notice of termination for failure to fulfill
Agreement obligations, it is determined that the CONTRACTOR had not so
failed, the termination shall be deemed to have been effected for the
convenience of the COUNTY. In such event, adjustment in the Agreement
price shall be made as provided in subsection (b) of this Section.
(e) The rights and remedies of the COUNTY provided in this clause
are in addition to any other rights and remedies provided by law or
under this Agreement.
SECT:ION 10. EQUAL OPPORTtlNITY EMPLOYMENT. CONTRACTOR agrees that
it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color,
religion, sex, age, national origin, Dr disability and will take steps
to ensure that applicants are employed. and employees are treated during
employment, without regard to race, color, religion, sex, age, national
origin or disability. This provision shall include, but not be limited
to. the following: employment, upgrading, demotion or transfer;
recruitment advertising; layoff or tenninationr rates of payor other
forms of compensation; and selection for training, including
apprenticeship.
SECTION 11. NO CONTINGENT FEES. CONTRACTOR warrants that it has
not employed Dr retained any company Or persons, other than a bona fide
employee working solely for the CONTRACTOR, to solicit or secure this
Agreement and that CONTRACTOR has not paid or agreed to pay any persons,
company, corporation, individual or firm, other than a bona fide
employee working solely far CONTRACTOR, any feel commission, percentage,
gift. or other consideration contingent upon or resulting from the award
or making of this Agreement. Far the breach or violation of this
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provision, COUNTY shall have the right to terminate the Agreement at its
discretion, without liability and to deduct from the Agreement price, or
otherwise recover, the full amount of such fee, commission, percentage,
gift or consideration.
SECTION 12. ASSIGNMENT. This Agreement. or any interest herein,
shall not be assigned, transferred, or otherwise encumbered, under any
circumstances, by the parties hereto without prior written consent of
the opposite party and only by a document of equal dignity herewith.
SECTION 13. SUBCONTRACTORS. In the event CONTRACTOR, during the
course of the work under this Agreement, requires the services of any
subcontractors or other professional associates in connection with
service covered by this Agreement, CONTRACTOR must secure the prior
written approval of the COUNTY. If subcontractors or other professional
associates are required in connection with the services covered by this
Agreement, CONTRACTOR shall remain fully responsible for the services of
subcontractors or other professional associates.
SECTION 14. INDEMNIFICATION OF COUNTY. The CONTRACTOR agrees to
hold harmless, replace, and indemnify the COUNTY, its commissioners,
officers. employees, and agents against any and all claim, losses,
damages or lawsuits for damages, arising from the negligent, reckless,
or intentionally wrongful provision of services hereunder by the
CONTRACTOR, whether caused by the CONTRACTOR or otherwise.
SECTJ:ON 15. INSURANCE.
(a) General. The CONTRACTOR shall at the CONTRACTOR'S own cost,
procure the insurance required under this Section.
(1) The CONTRACTOR shall furnish the COUNTY with a
Certificate of Insurance signed by an authorized representative of the
insurer evidencing the insurance required by this Section (Professional
Liability, workers' Compensation/Employer's Liability and Commercial
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General Liability). The COUNTy, its officials, officers, and employees
shall be named additional insured under the Commercial General Liability
policy. The Certificate of Insurance shall provide that the COUNTY
shall be given not less than thirty (30) days written notice prior to
the cancellation or restriction of coverage. Until such time as the
insurance is no longer required to be maintained by the CONTRACTOR, the
CONTRACTOR shall provide the COUNTY with a renewal or replacement
Certificate of Insurance not less than thirty (30) days before
expiration or replacement of the insurance for which a previous
certificate has been provided.
(2) The Certificate shall contain a statement that it is
being provided in accordance with the Agreement and that the insurance
is in full compliance with the requirements of the Agreement, In lieu
of the statement on the certificate, the CONTRACTOR shall, at the option
of the COUNTY submit a sworn, notarized statement from an authorized
representative of the insurer that the Certificate is being provided in
accordance with the Agreement and that the insurance is in full
compliance with the requirements of the Agreement. The Certificate
shall have this Agreement number clearly marked on its face.
(3) In addition to providing the Certificate of Ins,!-rance,
if required by the COUNTY, the CONTRACTOR shall, within thirty (30) days
after receipt of the request, provide the COUNTY with a certified copy
of each of the policies of insurance providing the coverage required by
this Section.
(4) Neither approval by the COUNTY or failure to disapprove
the insurance furnished ,by CONTRACTOR shall relieve the CONTRACTOR of
the CONTRACTOR'S full responsibility for performance of any obligation
including CONTRACTOR'S indemnification of COUNTY under this Agreement.
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(b) Insurance Company Requirements. Insurance companies
providing the insurance under this Agreement must meet the following
requirements:
(1) Companies issuing policies other than Workers'
Compensation must be authorized to conduct business in the State of
Florida and prove same by maintaining Certificates of Authority issued
to the companies by ths Department of Insurance of the State of Florida.
Policies for Workers' Compensation may be issued by companies authorized
as a group self-insurer by Section 440,57, Florida Statutes.
(2) In addition, such companies ather than those authorized
by Section 440.57, Florida Statutes, shall bave and maintain a Best's
Rating of "A" or better and a Financial Size Category of "VII' or better
according to A.M. Best Company.
(3) If, during the period which an insurance company is
providing the insurance coverage required by this Agreement, an
insurance company shall: 1) lose its Certificate of Authority, 2) no
longer comply with Section 440.57, Florida Statutes, or 3) fail to
maintain the requisite Best I s Rating and Financial Size Category, the
CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such
circumstance, immediately notify the COUNTY and immediately replace the
insurance coverage provided by the insurance company with a different
insurance company meeting the requirements of this Agreement. Until
such time as the CONTRACTOR has replaced the unacceptable insurer with
an insurer acceptable to the COUNTY the CONTRACTOR shall be deemed to be
in default of this Agreement.
(c) Specifications. Without limiting any of the other
obligations or liability of the CONTRACTOR, the CONTRACTOR shall, at the
CONTRACTOR1S sole expense. procure, maintain and keep in force amounts
and types of insurance conforming to the minimum requirements set forth
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in this Section.
Except as otherwise specified in the Agreement, the
insurance shall become effective prior to the commencement of work by
the CONTRACTOR and shall be maintained in force until the Agreement
completion date.
The amounts and types of insurance shall conform to
the following minimum requirements.
(1) Workers' Compensation/Employer's Liability.
(A) CONTRACTOR'S insurance shall cover the CONTRACTOR
for liability which would be covered by the latest edition of the
standard Workers' Compensation Policy, as filed for use in Florida by
the National council on Compensation Insurance, without restrictive
endorsements.
The CONTRACTOR will also be responsible for procuring
proper proof of coverage from its subcontractors of every tier for
liability which is a result of a Workers' Compensation injury to the
subcontractor's employees.
The minimum required limits to be provided
by both the CONTRACTOR and its subcontractors are outlined in subsection
(el
below.
In addition to coverage for the Florida Workers'
Compensation Act, where appropriate, coverage is to be included for the
United States Longshoremen and Harbor Workers' Compensation Act, Federal
Employers' Liability Act and any other applicable Federal or State law.
(8) Subject to the restrictions of coverage found in
the standard Workers' Compensation Policy, there shall be no maximum
limit on the amount of coverage for liability imposed by the Florida
Workers' Compensation Act, the United States Longshoremen's and Harbor
Workers I Compensation Act, or any other coverage customarily insured
under Part One of the standard Workers' Compensation Policy,
(C) The minimum amount of coverage under Part Two of
the standard Workers' Compensation Policy shall be:
$ 500,000.00
$1,000,000.00
$ 500,000.00
(Each Accident)
(Disease-Policy Limit)
(Disease-Each Employee)
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(2) Commercial General Liability.
(A)
The
CONTRACTOR'S
insurance shall
Cover
the
CONTRACTOR for those sources of liability which would be covered by the
latest edition of the standard Commercial General Liability Coverage
Form (ISO Form CG 00 01), as filed for use in the State of Florida by
the Insurance Services Office, without the attachment of restrictive
endorsements other than the elimination of Coverage C, Medical Payment
and the elimination of coverage for Fire Damage Legal Liability.
(B) The minimum limits to be maintained by the
CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess
policy) shall be as follows:
LIMITS
General Aggregate
$Three (3) Times the
Each Occurrence Limit
Personal & Advertising
Injury Limit
$500,000.00
Each Occurrence Limit
$500,000.00
(3) Professional Liability Insurance. The CONTRACTOR shall
carry limits of not less than FIVE HUNDRED THOUSAND AND NO/IDO DOLLARS
($500,000.00).
(d)
Coverage.
The insurance provided by CONTRACTOR pursuant to
this Agreement shall apply on a primary basis and any other insurance or
self-insurance maintained by the COUNTY or the COUNTY'S officials,
officers, or employees shall be excess of and not contributing with the
insurance provided by or on behalf of the CONTRACTOR.
(e)
Occurrence Basis.
The Workers' Compensation Policy and the
Commercial General Liability required by this Agreement shall be
provided on an occurrence rather than a claims-made basis. The
Professional Liability insurance policy must either be on an occurrence
basis; or, if a claims-made basis, the coverage must respond to all
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claims reported within three (3) years following the ap.miirod for which
coverage is required and which would have been covered baa ~he coverage
been on an occurrence basis.
(f) Obligations. Compliance with the fo'D<'!gl1'iirrID insurance
requirements shall not relieve the CONTRACl'OR, its ~s or agents
of liability from any obligation under a Section or aurry ,onher portions
of this Agreement.
SECTION 16. ALTEm;ATXVE DISPUTE RESOLUTION.
(a) In the event of a dispute related to any 'lPeI-formance or
payment obligation arising under this Agreement, the pa!t.:t~~hes agree to
exhaust COUNTY protest procedures prior to filing sui'l: ':or otherwise
pursuing legal remedies. COUNTY procedures for proper invoice and
payment disputes are set forth in Section 22.15, 'PI~t Payment
Procedures, II Seminole County Administrative Code.
(b) CONTRACTOR agrees that it will file no sui.t "Jir otherwise
pursue legal remedies based on facts or evidentiary materials that were
not presented for consideration in the COUNTY protest procedures set
forth in subsection (a) above of which the CONTRACTOR r~d knowledge and
failed to present during the COUNTY protest procedures.
(c) In the event that COUNTY protest procedures are ,=hausted and
a suit is filed or legal remedies are otherwise pursuool' the parties
shall exercise best efforts to resolve ~isputes through voluntary
mediation. Mediator selection and the procedures to be employed in
voluntary mediation shall be mutually acceptable to the parties. Costs
of voluntary mediation shall be shared equally a~ong the parties
participating in the mediation,
SECTION 17. REI?RESEN'I'ATXVE OF COUNTY AND CONTRACTOR.
(a) It is recognized that questions in the day-to-day con~lct of
perfonnance pursuant to this Agreement will arise. The COUNTY, upon
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request by CONTRACTOR, shall designate in writing and shall advise
CONTRACTOR in writing of one (1) or more COUNTY employees to whom all
communications pertaining to the day-to-day conduct of the Agreement
shall be addressed. The designated representative shall have the
authority to transmit instructions, receive information and interpret
and define the COUNTY'S policy and decisi ons pertinent to the work
covered by this Agreement.
(b) CONTRACTOR shall, at all times during the normal work week,
designate or appoint one or more representatives of CONTRACTOR who are
authorized to act on behalf of CONTRACTOR regarding all matters
involving the conduct of the performance pursuant to this Agreement and
shall keep COUNTY continually advised of such designation.
SECTION ~8 . ALI. PRIOR AGREEMENTS SUPERSEDED. Thi s document
incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters
contained herein and the parties agree that there are not commitments,
agreements ar understandings concerning the subject matter of this
Agreement that are not contained or referred to in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall
be predicated upon any prior representations or agreements, whether oral
or written.
SECTION 19. MODIFICATIOJil"S, AMENDMENTS OR ALTERATIOJil"S. No
modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
SECTION 20. INDEPENDENT COl-lTRACTOR. It is agreed that nothing
herein contained is intended or should be construed as in any manner
creating or establishing a relationship of copartners between the
parties, or as constituting the CONTRACTOR inclUding its officers,
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employees, and agents, the agent, representative, or employee of the
COUNTY for any purpose, or in any manner, whatsoever. The CONTRACTOR is
to be and shall remain an independent contractor with respect to all
services performed under this Agreement.
SECTION 21. EMPLOYEE STATUS. Persons employed by the CONTRACTOR
in the performance of services and functions pursuant to this Agreement
shall have no claim to pension, workers' compensation, unemployment com~
pensation, civil service or other employee rights or privileges granted
to the COUNTY'S officers and employees either by operation of law or by
the COUNTY.
SECTION 22. SERVICES NOT PROVIDED FOR. No claim for services
furnished by the CONTRACTOR not specifically provided for herein shall
be honored by the COUNTY.
SECTJ:ON 23. PUBLJ:C RECORDS LAW. CONTRACTOR acknowledges COUNTY'S'
obligations under Article 1, Section 24, Florida Constitution and
Chapter 119, Florida Statutes, to release public records to members of
the public upon request. CONTRACTOR acknowledges that COUNTY is
required to comply with Article 1, Section 24, Florida Constitution and
Chapter 119, Florida Statutes, in the handling of the materials created
under this Agreement and that said statute controls over the terms of
this Agreement.
SECTION 24. I'l'OTICES. Whenever either party desires to give
notice Wlto the other, it must be given by written notice, sent by
certified United States mail, with return receipt requested, addressed
to the party for whom it is intended at the place last specified and the
place for giving of notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this
Section. For the present, the parties designate the following as the
respective places for giving of notice, to wit:
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For C01lNTY:
Public Safety Department I EMS Fire Rescue
150 Bush Loop, Suite 2-138
Sanford, FL 32773
For CONTRACTOR:
Advanced Data processingf Inc.
500 N.W. 16S~ Street, Suite 102
Miami, FL 33169
SECTION 25.
RIGHTS AT LAW RETAIt;ED.
The rights and remedies of
the COUNTY, provided for under this Agreement, are in addition to any
other rights and remedies provided by law.
SECTION 26.
COMPLIlUICE WITH LAWS Am) REGULATIONS.
In providing
all services pursuant to this Agreement, the CONTRACTOR shall abide by
all statutes, ordinances, rules, and regulations pertaining to, or
regulating the provisions of, such services t including those now in
effect and hereafter adopted.
Any violation of said statutes,
ordinances, rules. or regulations shall constitute a material breach of
this Agreement, and shall entitle the COUNTY to terminate this Agreement
immediately upon delivery of written notice of termination to the
CONTRACTOR.
SECTION 27. CONFLICT OF INTEREST.
(a) The CONTRAcrOR agrees that it will not engage in any action
that would create a conflict of interest in the performance of its
obligations pursuant to this Agreement with the COUNTY or which would
violate or cause others to violate the provisions of Part III, Chapter
112, Florida Statutes, relating to ethics in government.
(b) The CONTRACTOR hereby certifies that no officer, agent or
employee of the COUNTY has any material interest (as defined in Section
112,312(15), Florida Statutes, as over 5%) either directly or indirect-
ly,in the business of the CONTRACTOR to be conducted here, and that no
such person shall have any such interest at any time during the term of
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J
this Agreement.
(c) Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR
hereby agrees that monies received from the COUNTY pursuant to this
Agreement will not be used for the purpose of lobbying the Legislature
or any other State or Federal agency.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement for the purposes stated herein.
A'l'TEST:
SEAL)
ADVANCED DATA PROCESSING, INC.
BY:!DUr*,0~~
WILLIAM J DEZ A, Pl?eeiEk...L e:VP
Date: 'Ji ,1\<",.. ;:;V;?, .;;J.OO!a
&od"a//~
, Secretary
to ,Bo d of
Commissioners of
'Ie County, Florida.
BOARD OF COUNTY COMMISSIONERS
By:e:::;;;:Y;lDA
CARLTON HENLEY; Ch~
Date: g-(ll~[)(P
For' the use and reliance
of Seminole County only.
As authorized for execution by
the Board County Commissioners
at their . 20~,
regular mee J.ng.
Approved
legal s
Attachments:
Exhibit "A" ~ Scope of Services
Exhibit "B" - Rate Schedule
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AMBULANCE BILLING SERVICES FOR THE SEMINOLE COUNTY
EMS/FIRE/RESCUE DIVISION
SCOPE OF SERVICES
2006
Seminole County, Florida (County) desires to enter into a contract with an experienced
and qU;3lifiE:!d firm (Agency) to:
1, Provide billing services for Emergency Medical Services transport, as
required on a case by case basis, wifh an emphasis on an accelerated
turnaround between services provided and payments received. The f]1onthly
invoice should'show gross collections, patient refunds, Medicaid collections,
net colleCtions, Medicaid transports, Privacy Notice Mailing fee arid Agency'
invoice amount.' .
3.
2. Provide reason;3bly necessary trainiflg to appropriate County
EMS/Fire/Rescue personnel regarding the gathering of necessary
information and proper completion of run tickets. The Agency will work witl1
the County's Collection Company for delinquent accounts.
Provide prompt submission of Medicare, Medicaid. and in$llrance claims
within ten (10) Qusiness days after receiving the completed patient biliing
information, which shail be the Agency's notice to commence th,e
billing/coliection'service, Ability to receive the County's transport records file
digitally. The receipt of the digital transport records will meet witil' the
County's file layout criteria. (Reference Attachment 8), Seco~dary
insurance provider 'claims shall b.e submitted within ten (10) business days'
after the primary insurance provider has paid, this process should,also
Include Med,l~are 'secondary. Agency shall follow-up promptly on rejected
and inactiVe Claims and establish payer remittance accounts and procedure,S.
'If there:ispo response from Insurance Companies within 4S'days clainis will'
be resubmitted. ' '
I-
I
< 4. Reconcile the number of transp"rts coilecteej with thosetransm.itted t9 the
Agency. The Agency shall contact E;MS/Fire/Rescue within twenty-four (24)
hours of receiptto report ariy'discrepancies,
5. Agency shall prOVide a designal,;,d liaison for patief\Upayer conce,ms.
6. Prpvide aJI customer-related inqUiry secvic~s and prepare,additional.third
paiiyclaimsbased on this information eKchange, Provide a'tolHree
telephone n!Jmber and secure web site address for customer access.
7. Implement a collection system involving a minimum of six (6) invoices, which
will in dud!, an initiaf statement to alllransporte,d patients. Establish a follow-
up campaign of up to twenty-four (24) telephone atteniptsiOtoJleCt all private
pay accounts with Qutst,atiding balances,including required co~payments and
deductibles assessed by'Medicare, Medicaid, HMO's or private insurance.,
Records of telephone calls and contacts shall be main1airied and 'ayailaQle to
16F4
the County via on-line access to the Agency's database. Any payment on an
account shall reset this cycle. Retumed mail accounts are exempt from the
above-required subsequent mailings, The County reserves the right to
approve the invoice formal. The invoice will contain a slatemenlin Spanish
to call the toll-free telephone number for assistance,
8, Agency shall utilize the approved hospital medical record identifier number
(MRI#) to contact the hospital in retrieving patient information that was not
available during transport. It will be the responsibility of the agency to
contact the receiving facility for additional insurance information.
9. ' Agency will provide skip tracing through a nationally recognized cl1ange of
address system. example would be Accurint or similar agency. A credit
information resource will be used to determine returned mail corrections and
Agency will resubmit statement to patient with corrected address.
r-.
10, Attempt to coliect all balances due for services rendered as well as attempt
to assess patient's ability to repay the debt. and if necessary, extend time
payments, ail subject to such policy guidelines as the County may establish.
11. Process requests for refunds through County on a monthiy basis and provide
EMS/Fire/Rescue Division with documentation of ea<:h, reful1d processed.
12. Provide to EMS/Fire/Rescue Division all unpaid invoices along,wilh the
complet,~ proces,in9 history once collection efforts are exhausted. Shquld
thE? agreement be terminated for any reason, the AgenCy shali turn over all
existing information in its possession conceming existing unpaid accounts.
Such information shall be transmiHed by an electronic medium r!lasonably
acceptable to EMS/FirefRescue,
13, The Agency shall provide sufficient bi-Iingual personnel to process all
billing/rur1 tickets in a timely, efficient and effective manner and shall respond
pr()mptly to the County and patients on requests for Information or records.
,14. 'Agency will be I-jIPAA compJiant\Vith all their federal standards and will
provide their policy upon request. The Agency will be willing to sign the
,HJPAA Business Associate Agreemel11 (Reference Attachment C)
rega'rding theus'e ofimy confidential recordsyf car~6r treatment of patients
:,olely for the purpose of processing and collecting claims and shall not
'. release any such information in any legal action, business dispute or
competitive bidding process other than disputes with the County <;lver billing
'services. ,
15. Any procedljre,s described In this scope of services represents a rT]inimum
effort required by the Agency and shall not limit the Agency's use of its
propriet(jry accounts receivable and billing and collections systems, including
modifications as :requiredby major provider groups, or its usual and
customary praCtices. The successful collection rate will be calculated on a
monthly ba'sis and re(lect the percentage based upon what is billed versus
what is actually collected before any other action is taken on the account, not
16F4
including any reduction or write-off for uncollectible Medicare or Medicaid
payments, The Agency will use its "best efforts" to ensure that the annual
collection rate does not fall below an annual 65% minimum, If the annual
collection rate falls below 65%, the County will require the Agency to provide
justification or corrective action. '
16. The following monthly reports shall be prepared by the Agency and submitted
to the County (Reference Attachment A):
Reports:
. Transport Charges & Collections
. Billing & Collection Summary
. Ambulance Payment
. Ambulance New Patient Billing
. Ambulance Unit Report
. Collection by Financia/pass
. Report of Accounts Receivable
. Ambulance Billing Adjustments - Write Offs - Reversals
. Accounts 'Receivable for Collections
. Audit Report of Accounts Changed
. Insurance Denial
. Revenue Per T"lnsport Report
. .Revenue Report
r
17. The County requires on-line read-only and printable access to the Agency's
pati.,nt billing database, Which will include the ability to select by account
number or by last name index. The database access wi!1 include the
following patient information:
.. If'!cident location al'ld unit 10
. Patient contact information
. Date of Service
. Trans'port mileage
. Tn;lOsport rate & mileage c,harge
. Number of mailings .
. , Patient message screen with dates and descriptions of mailings,
communication with patieht, insur<J.nce company, attorney,s, ete,
. P.ayment screen shOWing adjustments, payment typ~, payer name, check
nimiber,daie received, amownt of payment and balaj'lcedue
18. In the, case of any untimely claims refusal of payment from an insurance
'company for w~ich the Agency is ,responsible, the amount of the transport '
charge, will be credited to the patient's account and deducted from the
caicula[ion of the County's monthly invoice.
19. In case of a catastrophic event a toll-free telephone number will be ayailable
for p<!tient access within 24 hours. The Agency will provide the County with
a capyof the Agency's Disaster Plan.
16F4
20, Agency will attend at least one meeting annually with the County at a
mutually agreed upon specified location.
21. Agency will be responsible for tracking the Medicare and Medicaid renewal
dates and application ,forms for the County.
Seminole County EMS/Fire/Rescue Dlvision
RFP Billing Summary
For the fiscal year October 2004 - September 2005, the transport net charges were @
$3,700,000 and net revenue was @$2,700,OOO with an additional $70,000 in revenue
from coriection accounts. '
The billing collection rate for that fiscal, year was 72%.
(-.-
The demographics of the 2004/2005 fiscal year collections were:
. 40% Insurance '
.' 47% Medicare
. 7% Medicaid
. 6% Self Pay
The current fee schedule for our EMS transports range from $287 to $493, depending
on the level of service with an adqitienal$6.0S per loaded mile. ' ,
. BLS - Emergency $287.31
. ALS1- Emergency $341.18
. ALS2 $493.81
i
16F4
ATTACHMENT A
Brief description of monthly reports to be prepared and submitted:
.1. Transport Charges & Collections:
Report should include the monthly transport gross charges, adjustments, net
charges, receipts (bas'ed on transport date), net billa(1ce, gross % of collections, rlet
% of collections and the % of paying patients, This should include a line of ail the
data from .t,he first billing month and year to the present. Totals should be on e?ch
column.
r
2. Billirig & Collection Summary:
Report should show by month/year total gross GiJling, ,adjustments, collections by
month, collectiorlS to-date. Totals should be on each column.
3. Ambulance Paymerlt Report:
, 'Report should list patlen'! number, patient name, address, check n[,lmber, check
amount, payme~t type (self-pay, Insurance, Medicare, Medicaid), paye(if other than
patien!., It should subtotal for each lrarlsport deposit date, with the batch number and
lotalamount.of deposit, Totals for check amount coiunin and each of the payment
types broken out separat"ly and adjustments.
4. Ambulance New P~ti~ntBiI'ing Report:
,Report should include the following data for new patients transported durln,g that
month. Patient number, pallent naf!le, incident, da,le, base amqunt, mileage,amounl,
total.billed,a'rid leVel of service. Tolals on number of new accountS, base am6uilt,
mileage :"mou~t ari~tolaisbYeach'levelQf serVice.' ',' , " .', ",'.
'5. Ambulance Unit Report:
Report should ,includearnbuJance unit number with its nurj'lber of ~C!lIs <;ind gross
,billed for that month. Tot,,1 on number.of <::;"ils' andg'ross 'biUed. " .' ,
6. Collection by Fi.nancial Class Report:
,Report should show by mOrlthfyear and each payment type (Self Pay.lnsUr,lnge;
Medicare, Medicaid). It should include amount bil!E!d, amount collected, % collected,
number of accounts arid gross billed for each month. totals fo~ e<lch payment type
, and,% colfeCted. '
7. Repor) of A<:;counts Receivable:
16F4
Report should show by year to date, the gross amount billed, less removed
accounts, less payments, less adjustments, less reversals and the accounts
receivable balance. These figures are shown by dollar amount and number of
accounts,
8. Ambulance Billing Adjustments I Write affs f Reversals Report:
Report should include patient number, patient name, incident date, adjustment
amOUr1t and adjustment type, Tolal of adjustment amount and number of
adjUstments should also be on this report.
9, Accounts Receivable for CoUections Report:
This report should show patient number, patient name, patient address, zip code,
incident date, amount billed, amount paid, adjustments, balance. Totals by gross
billed, 'Jess payments, less adjustments, balance of accounts receivable.
10, Audit Report of Changed Accounts,
Report should show account number, account name, leyel of service change, date
Changed, from base amount, 10 base amount.
11. Insurance Denial Report:
t-
Report should show account number, account name, incident d?le, incident amount,
insurance c,arrier, condition code, reason for denial.
12. Revenue per Transport Report:
Report should show the total dollar amount of payments received for a transport
. mohth divided by the number of transports for a month, and listed py month and
yea,L .
1;3:. Revenue Report:
Report should sh()w by [Tlonth/year grass charges, adjustments, net ch;;lrges,
. receipts (based on deposit di'te), %oollecled.
,
16F4
ATTACHMENT B
Fixed LeD~h BUllng Extract Format.Exist,iog
Phase NlA Dlle 08/04/05
Author Document ro Fixed Length Billing Verdon 2
Extract Fo[JD.u-
Exill~inQ_d6c
lD.frodoction:
This document details the fixed length bilJing ,"lrac~ fu=.at Ibat ';vill be utilized to lIa"sinit incident
i~forination clectronicalJy to ADPL If. field i. nol requited, or not,ne<ded, 'ilie deSignated Jo""clo';"
'for fual,field maybe lell:blank. Numeric fomiats are righljuslified and alpha funnats are left justified.
Reco'rd I:, Patient ~SUrllo.ce: and r,evel of Service Info~mlltion
431 char~ctor;, 1 record per incidentlaccounL
.' .....
~OO, RccotdCode, y A ':.' ~nj:C~c::-:I.- :
2:-1,1 ACIN/t IncidmtNumber y N' 10 LC~ ~.~iliOlU,1!n:' lUcri fo,r lh~
accouritinlmbcr"andla.st2
"pOsib'C03'furii~{j,uieritJ
12~1 ANAME Patient Name N A 30 10M Smil.h
- 4f..6l 'LINE2 falia'lIAddrr:SS N A 20 fi~20c:btiacIO:S
\ 61-8J . LlNEJ Pat.imtAd~ N A 20 .Ulili2:a j(mCR lh~ 20 chilra!::~
12-101 UNE4 Pati alf City and State 1I A ,20 . "Cili,S'talc" .
102.106 ZlPCO Paticnt~~pCcde 1I N ,5
I01:i15 P~qNJi P.da1tPh~ejl N A !O Noso:p&mtOrS
117-124.' 'lOA.TI! J!icidmf.Oale y N 8 MMODYYYY
J75-136. lIt<fT, UnifN"llnIbc:r N ^ ,12
'137.-144 Vooa PauCl'ltQOB N A. 8 MMDDYYyy
!41 " y,EX,',' Pa~?1! So( y ~ I ; 'M::",Male'
F"F~~lc '
r46-1S4 S~fJR . P.ucnt Social Soo ~ . N N 9 l<!o~Qri
15S-1~.' IADDR Incidalf^dd~s N A J5
190 0: BLSlAIS T~port~ervicc: Y ^ J-. B~}ILS
Uovel' A'-"Al.S'
T~Ii\Of,
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H "He!icopl::r
S-Slalldb !Event
t91:195 HOSP# f?r:stioatiOrlID Y A 5 IRcceiveunique d~rnatiQ/1 '$ from
ADPl
196-21S HOSfNAME -P?rtina~on"N<!n)<: N A 20
216 OXYFLG ~xygeq Usm? y A 'I ,'fIN. Qd'.a'JluQ N ifnotclJarging
for~ygcno
16F 4
Fixed L'ngth BilJlng Extra,t Format-Exlsting
PlIa!t' NIA 'Da~e 08/04/05
Author Document In Fixed Length Billing" Ver'sion 2
.E%.tr;tct Fonnat-
Bxistin!1:.doc
16F4
,
Fixed Length BiUing ExtracfFonnat-E:d.sting
I"lllH' N/A Dllte 08/04lOS
AuUlo'r DO..:umelLt D) Fixed LengU:l BilI~g Venitln 2
.Extraclfonuat-
ExLttme:.dpc:
JS<
A
'Ibiti"Bn.apen(ld4lh1itair.be
Il.liJiud to rncd cltct:lL uniqllC
"""'.
YIN
E- R~dl:lltit.l, Domli::iliill)',
Cl.Jtlo&:~F~i!ity
N.. Skilled NlI(Sirlg PlIC;lllty
tf-Hoq:lltaJ
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Amlnilill1ceTranspolt(AMpIX'tCf
Hd""a:opler p~~
P-Physi.cilll\'.Otfice
S-SOCl'\C:QfAcc;ide~t(lt'ACl.Itc:
EVQ1!
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.0 "'lM.Qnomc or Thertpo.uicSilc
OtbI:rTh~'.p.'or'~' ..
(I'" Hosptlill Bu~ Dialysill
Fllcilio/ .
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J;t.. Rc:ritkntiall Domiciliuy,
C~~i~~ F.cllil)'''
N-Ski!!o:lNunirigPlCility
H-H(l,?[t111
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~!i~ld'Pad) ..
P-Mlysidm'sOflke
s-sCc:tI;.O( Atddenl or Al:\l1C
'''Event'' ..,
.. It -I\~da:c:c
D.. Di~5n03tic <lC' Thllnpd.lt'ic Site
OthQ.ThM "P" ct "H'"
e...~ Heaspital Buc;d Dialrlli~
l:~i1ity"'" ,"
l-NOIl-t1~lta[B~edOilllJd,J
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X._- Intem1cdi~S;op In It.w.c fa
HQ$pii..1IDo:ilin:llion .
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INTF
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ln1C1fllCi!i~' Y
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Fixed Length Billing ExtrLct Ferma t.Exi~tiDg
16F 4
Phue N/A Dafe. O!}04l0S
Author :/ Doc"",,,, lD Fix~d: LenEth Billing Ve.rsion 2
ExtTilc;tFOl1l1&l.
Exlstiov.doc
351.35'
~CPCS Modl'fia
II
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,6<l Feef F'='Cll II A
J~' Foo> F0027 II A
'362 F"" ""''' II A
J63 ,<<4 f~1. II A "
364 F=l F"'" II A 1
36.l F=' FMI, II A 1
]66-311 FeeAmtl feclDonllf~r 1'1 lot 6,2
372:311 "FeeAm"tI F~2 Oak ,f.mOlUlt N 1'1 6,2
371.383 F~..Arnq f'o:.3 Dollar Nnounl II N 6.:2
384-389 ,""""'4 ~4 Dollar AIrIOWIt.. lot II 6.2
390.~~S :E!lC~t5 Fcc S DoDM' Amm:nt 'II II 6,2
396401 FceAmuj feelS [)olflll'" Ammw II, II 6.J,
402-;:1(6 rOrlluJ?1 PlltientJnsunnceHI N A 15
GrOup lD
417.-431 PGrollP2 P.tientJ~l;e~Z II A 15
aro:uprD
. ~e~o~d 2: I~D~e~!iia~I~for~atiOD
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i91"chiln,ctm; ,multiple ~e.;o"bl'er ,incident/~ccoWll.P"ssiblo.
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it. Pc:fa.*to.N.ifnol.oougilgfor
5upplcrnmlJl/r~.
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16F4
.Fixed LeDgth Billing Extrac.t Format~EX'lsting
ll1... N/A Dati 08104/05
Author DoeLU\'l!at ID I F"ed Lo'SIb BiIl,'g V~rsiGn 2
Extr,n:l ronn,,-t.
E~isllnll':.doc
Record 3: Interventions Information
7~ I charactas. ~u1cple records pet incident:ll.CCOuDt possible-.
--~- ---~- -- - --------- - ---- ---
---- - - - ---
- -- --- -
I REeoo ~Codc I Y, ' 'IA If: tRD::m:lCodc:...] 'I
1.11. ACTNR lncide!\tNumbtt IV IN lO ' .1 I
12-~91 JNT'ERV lniCfVl:l\(icm:l IN IA 2" J- rv, Mo&, etc. I
Record 4t PeR Nir~at:l.ve
291 characters. multiple ;ccords per incieeot'.ro;ullll"'''ib]e,
.~~,' ,..'-." . "- .
~
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10
28.
.-..-,--'-,-----.-...--
- -.---- ~----,.~-------- -"--.---.
".- ........-.--.... -.....-.._-'-'-
"Record, 5~, Charpe List .
75 c~~trs.:ni1Jitip[c rccl)rds per incidentJ~co1}nt possible. Only utilize if sl1bmi~ting itemized
c~~~~~~~~,]~.n~,~." '" :",','.",
lncidtllt Numbco
'1:Z~11 . CHOCO "9niqtJ~t?_ecpro 10
:12..11 CHQDESC OlIUSCPe:saiptiou y A 50,
72-:.75 CHGQTY Q\l!ll1Ii1yU.= y N ,
(
16F4
'.
ATTACHMENT C
Seminole County
Business AssocIate Agreement
Between EMS/Fire/Rescue Division and Billing Agency
This Agreement between Seminole County ("EMS/Fire/Rescue Division") and
Agency ("Billing Agency") is eXecuted for the purpose cif ensuring that Agency carries
out its obligations to Seminole County in compliance with the privacy and security
regulations purs~1mt to Public Law 104-191 of August 21, 1996, known as the Healt[l
Ins,urance Portability and Accountability Act of 1996, Sulititle F - Administrative
Simplification, Sections 261, et seq., as amended ("HIPAA"). .
This Agreement encompasses Agency assurance to protect the confidentiality,
integrity, an,d security of any personally identifiable protected health information {"PHI")
thans coU",cted, processed or learned as a result of the servi~s provided 10 Seminole
County by AgenCy representatives, including any such information stored and
transmitted eledn:l!1ically, referred to as electronic protected health information ("e-
PHI").
1.
C 2.
3:
Agency agrees that it Will:
Not ,use or further disclose PHI exceot as oermitted under this AtJreement
or required bv'Iaw;
lis" a,pprbpriate saf!?guards to prevent use or disclosure of PHI except as
,permitted by th'is Agreement; ,
T.o rriPgqte; to, the, extent practicable, any ha,rmful effect that i!> Imown to the
Agency:of a use:,Qr disClosure of PHI by the Agency in vioiation of this '
Aweeme[1t. '
4. Repo~ to Serri,in.ole County any use or disclosure of PHI not provided for by this
Agr~'e!TIent of which the Agency becomes aware; , .',
i? E;:ns'ure that' any agents or subcontractors to wh9m the AgenCY provides PHI, or,
whohaveaccessfopf-jl,such as, other consulting companies agr('!e tothe.same
restrictioris a!ld conditionsthafapply to the Agency with resP,ec;! to s,uch PHI;
6. Make. P'f:jl avaiiable to Seminole County and to the individual who ha;; a right of .
access as requiredunde'rHIPAA within 30 days of the request by,Seminoie
CoUntY to the IndividUal; . , ,
7. Incorporate any amendments to PHI when notified to do so by Seminole Co~nty;
8. Pr()vide an accounting of ali uses or disClosures of PHI made by the Agency as
required under the HIPAA 'privacy rule within 60 days; ,
/
9. Make its in(emal practices, b09ks and records relatirig to the use a.nd disclosure
of PHI available to the Secretary of the Department of Health and Hum,afj ,
16F 4
Services for purposes of determining the Agency' and Seminole County
compliance with HIPAA; and
10: At the termination of this Agreement, return or destroy all PHI received from, or
created or received by the Agency on behalf of Seminole county, and if return is
Infeasible, the protections of this agreement will extend to such PHI.
The specific uses and disclosures of PHI that may be made by the Agency on behalf of
Seminole County include:
1. The review of patient care information 'providing advice to Seminole County
concerning a particular ambulance incident;
2, The review of patient care information and other medical records and submission
of that information to carriers, insurers, and, other- payers with respect to the
Agency assisting Seminole County in an insurance or Medicare audit or other
similar action;
3, The review of patient care infocmation with respect to providing Seminole
County with business and optional advice generally and 'in the course of
performing ,compliance assessment activities by the Agency;
4. Uses required for the proper management of the Agency as a business
associate.
(
5.' other uses or disclosures of PHI as permitted by HIPAA privacy rule.
, th~ Agency agrees to assume the following obligations regarding electronic Protected
Health Information (a-PHI):
1. The Agency agrees to impiementadminlstrativa, physical !lnd technical
safeguards that reasonat>ly awl appropriately protect the' c6nfid~ntiality,integrity
and availability of the e-PHI'that 11 creates, receives; maintains or transmits on
behalf of Seminole County.
(
2. Th,e Agency will enS\.ire th<;lt any.agent. including a sut>contractor, to whom (0 ,it
provicies e-PHI that W;lS created, received, maintained or transmitted on behalf
.of SemirlOle'County agrees to implemeni rea"onable andappro'priate safe~ruards
t() protect thecol)fidentiality, security, arid integrity of e-PHI. '
3. The Agency agrees to alert Seminole County of any security incident (C\s defined
by the HIPAA Security Rulerwhich it becomas,aware, and the steps ,ifhas takeon
'to mitigate any potential security c()mpromise that may have occurred" and,
provide a report to Seminole County of. <;Iny loss of data 6r other information
system cOm pro misa as a result of the inCident. '
Notwithstanding any pther provisions of (his Agreement, this Agreement may be
terminated bY- Seminole County, in its sole qiscretion, if Seminole CoUnfy d'etermines
that the Agency has violated a term or piovisiiJn Qf this Ag'reement pertaining to
Seminole County obligations under'the HIPM privacy or security rul~s, or if the Agency
-, If
16F 4
engages in conduct which would, if committed by Seminole County, would result in a
violation of the HIPAA privacy or security rules by Seminole County.
Agreed to this
day of
Seminole County
EMS/Fire/Rescue Division
8y:
-Its:
Date:
('
,2006.
Agency
8y:
Its:
Date:
16F 4
Exhibit B
Business Associate Addendum
CONTRACTOR the "Business Associate" and COUNTY hereby add the following
additional language to the Agreement.
1, CONTRACTOR shall carry out its obligations under this Addendum in
compliance with the privacy regulations pursuant to Public Law 104-191 of
August 21, 1996, known as the Health Insurance Portability and Accountability
Act of 1996, Subtitle F - Administrative Simplification, Sections 261, et seq" as
amended ("HIPAA"), to protect the privacy of any personally identifiable
protected health information ("PHI") that is collected, processed or learned as a
result of the Billing Services provided hereunder. In conformity therewith,
CONTRACTOR agrees that it will:
a. Not use or further disclose PHI except as permitted under this Addendum or
required by law;
b. Use appropriate safeguards to prevent use or disclosure of PHI except as
permitted by this Addendum;
c, To mitigate, to the extent practicable, any harmful effect that is known to
CONTRACTOR of a use or disclosure of PHI by CONTRACTOR in violation of
this Addendum.
d, Report to COUNTY any use or disclosure of PHI not provided for by this
Addendum of which CONTRACTOR becomes aware;
e, Ensure that any agents or subcontractors to whom CONTRACTOR provides PHI,
or who have access to PHI, agree to the same restrictions and conditions that
apply to CONTRACTOR with respect to such PHI;
f, Make PHI available to COUNTY and to the individual who has a right of access
as required under HIPAA within thirty (30) days of the request by COUNTY
regarding the individual;
g. Incorporate any amendments to PHI when notified to do so by COUNTY;
h, Provide an accounting of all uses or disclosures of PHI made by CONTRACTOR
as required under the HIPAA privacy rule within sixty (60) days;
i. Make their internal practices, books and records relating to the use and
disclosure of PHI available to the Secretary of the Department of Health and
Human Services for purposes of determining CONTRACTOR's and COUNTY's
compliance with HIPAA; and
j, At the termination of the Agreement, return or destroy all PHI received from, or
created or received by CONTRACTOR on behalf of COUNTY, and if return is
infeasible, the protections of this Addendum will extend to such PHI.
Exhibit B
Page lot 2
16F4
2, The specific uses and disclosures of PHI that may be made by CONTRACTOR
on behalf of COUNTY include:
a. The preparation of invoices to patients, carriers, insurers and others responsible
for payment or reimbursement of the services provided by COUNTY to its
patients;
b, Preparation of reminder notices and documents pertaining to collections of
overdue accounts;
c. The submission of supporting documentation to carriers, insurers and other
payers to substantiate the health care services provided by COUNTY to its
patients or to appeal denials of payment for same.
d, Uses required for the proper management of CONTRACTOR as business
associate,
e. Other uses or disclosures of PHI as permitted by the HIPAA privacy rule,
3. Notwithstanding any other provisions of this Addendum, the Agreement may be
terminated by COUNTY if CONTRACTOR has violated a term or provision of this
Addendum pertaining to CONTRACTOR's material obligations under the HIPAA
privacy rule, or if CONTRACTOR engages in conduct which would, if committed
by COUNTY, result in a violation of the HIPAA privacy rule by COUNTY,
Exhibit B
Page 20f 2
16F4
Exhibit c: Optional Service Provisions
The following are Optional Services which will be provided by CONTRACTOR upon
mutual agreement of the COUNTY and the CONTRACTOR under the terms and
conditions specified in the Agreement:
1. The deployment and use for the term of the contract of the CONTRACTOR's
TripTix field automation system software and hardware as specified,
2. Billing and collection for accounts considered as "Old AIR" defined as accounts
with Date of Transport prior to May 1, 2007.
The following is considered a modification of Scope based on County's provision of
personnel and performance of the following responsibilities. This is an option exercised
by mutual agreement between the COUNTY and CONTRACTOR the details of which
shall be defined in a separate document. Successful exercising of this option and
completion of the defined responsibilities by the COUNTY shall entitle the COUNTY to a
reduction in fee as a monthly credit as defined in the Agreement. The following are a
general description of the responsibilities for consideration:
1. Data Entry & Quality Assurance - 1 to 2 resources
a. Review and correct PCR documentation prior to ADPI transmittal
b. Provide continuous performance and documentation feedback
2. Refund Processing & Miscellaneous - 1 resource
a. Receive, process, and distribute refunds
b. Review, analyze, and distribute ADPI financial reports
C. Handle patient correspondence (when necessary)
3. Hospital Liaison - 1 resource
a. Establish hospital connections, electronic or manual
b, Retrieve patient information from the hospitals, and transmit that
information to ADPI
Exhibit C
Page 101 1
Clienl#: 16916 ADPIHOL ~F4
ACORD," CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYVYY)
06/01107
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wachovia Insurance Serv-A T, GA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4401 Northside Pkwy, Suite 400 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW,
Atlanta, GA 30327-3078
770 850-0050 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: St Paul Fire & Marine Insurance Co 24767
MCI Holdings, LLC INSURER B Illinois Union Insurance Company 27960
Advanced Data Processing Inc. INSURER C
520 NW 165th Street Road, Suite 201 INSURER 0
Miami, FL 33169-6303 INSURER E
1
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR NSR TYPE OF INSURANCE POL.ICY NUMBER PJ>l"t~~:~~88~I~lE Pg~fY EXPIRATION L.IMITS
A GENERAL. L.IABIL.lTY TT06800205 06/30/06 06/30/07 EACH OCCURRENCE '1 000000
~ DAMAGE TO RENTED
X- 3MMERCIAL GENERAL LIABILITY '250 000
- CLAIMS MADE [!] OCCUR MED EXP (Anyone person) .10000
PERSONAL & ADV INJURY '1 000000
GENERAL AGGREGATE .2 000 000
~'~ AGG~EnE~L1MIT APrlS PER PRODUCTS. COMP/OP AGG .2 000 000
PRO.
POLICY JECT LOC
A ~TOMOBIL.E L.IABIL.lTY TT06800205 06/30/06 06/30/07 COMBINED SINGLE LIMIT
lL ANY AUTO (Eaaccidenl) '1,000,000
X- ALL OWNED AUTOS BODILY INJURY
,
SCHEDULED AUTOS (Per person)
-
X- HIRED AUTOS BODILY INJURY
$
X- NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE .
(Peraccidenl)
:=r~GE UAB'UTY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EA ACC .
AUTO ONL. Y: AGG .
A ~~SS/UMBRELL.A LIABILITY TT06800205 06/30/06 06/30/07 EACH OCCURRENCE '5 000 000
X OCCUR D CLAIMS MADE AGGREGATE .5 000 000
.
;:1 ~EDUCTIBLE .
X RETENTION .10000 .
A WORKERS COMPENSATION AND HNUB9187C828 06/30/06 06/30/07 X WC STATU- I IOJ~-
EMPLOYERS' LIABILITY .500,000
ANY PROPRIETOR/PARTNERIEXECUTIVE EL EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE .500 000
If yes, describe under .500,000
SPECIAL PROVISIONS below EL DISEASE. POLICY LIMIT
B OTHER Errors BMI20033046 06/30/06 06/30/07 2,000,000 Each Claim
and Omissions 2,000,000 Aggregate
25,000 Deductible
DESCRIPTION OF OPERATIONS f L.OCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS
If required by written agreement, the Collier County Board of County Commissioners its
officers, officials. employees, and volunteers are included as additional insureds under
the general liability policy and automobile liability policy, but only to the extent of
their insurable interest. This coverage is primary.
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POL.lCIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Board of County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Commissioners NOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
3301 East Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Naples, FL 34112 REPRESENTATIVES.
AUTHORIZED REPRE~TV .. ~.
ForWIS by: e> ~ .
ACORD 25 (2001/08)1 of 3
#S1214337/M1045422
ESE01
@ ACORD CORPORATION 1988
1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-8 (2001/08) 2 of 3
#S1214337/M1045422
16F4
DE$~tPTIONS (Coatinued from Page 1)
A waiver of subrogation is included in favor of the certificate holder under the general
liability policy.
AMS 25,3 (2001108)
3 of3
#S1214337fM1045422
MEMORANDUM
Date: May 22, 2007
To: Judy Scribner, Human Services Program Mgr.
Emergency Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Memorandum of Understanding between Collier
County and the Moorings Presbyterian Church
Attached please find one (1)) copy of the document as referenced above,
(Agenda Item #16F5) approved by the Board of County Commissioners on
Tuesday, May 22, 2007.
The original document will be kept in the Minutes & Records Department
If you should have any questions please call me at 774-8406.
Thank you.
Attachment (1)
16F5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLId 6 F5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper Attach to original Jncull1crll Orwina! d(VUlllr.;nls ~fK'uld hi.' hand delivered to Iht Hllmd Office The completed routing slip and llriginal
Joullllcnh <HI; [(I be ti.lfwardcd tn the Board omc!.: only ~nf!.lhc ll\\ard lias taken m:lioll ,-In th..: iti.'lll)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate tor additional signatures, dates. and/or infonnation needed. ffthe document is already complete with the
exceution of the Chainnan's si{!flature, draw a line throUlUJ routing lines # I throulZh #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
" >
4. <"
-
5. Sue Filson, Executive Manager Board of County Commissioners Cite. S!J:l/Cn
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contw..1 staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the sec has acted to approve the
item.)
Name of Primary Staff Su.du S:nbner Phone Number n-r - B095'
Contact
Agenda Date Item was '" JrXJ)O) Agenda Item Number !&r5'
Approved by the BCC
Type of Document EItJ S ulYl Number of Original I
Attached OLL Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by tbe Bee on <:;l;n.iC)l (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A Iicable)
2.
3,
4.
5.
6.
cJtc
CJ';C.--
Cl\G
CfC.,
Q\C-
CIi\G
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05
l:CC ~)(:+).l cSl
16F5
EXECUTIVE SUMMARY
Recommendation to approve Memorandum of Understanding between Collier
County and Moorings Presbyterian Church of Collier County
OBJECTIVE: Board of County Commissioners approval of Memorandum of
Understanding between Collier County and Moorings Presbyterian Church of Collier
County.
CONSIDERATIONS: Under Chapter 252, Florida Statutes, Collier County, through its
Emergency Management Department, provides coordination of emergency services
within Collier County. Collier County also coordinates the administration of relief
activities of both public and private relief/disaster organizations that agree to volunteer
their services under direction or guidance of Collier County authorities. Collier County
may also utilize personnel and facilities of relief/disaster assistance of organizations,
Churches, Temples, Synagogues for the distribution of food, water, supplies, and/or other
items for temporary relief activities.
The purpose of the Memorandum of Understanding is to set forth, define, and establish
mutual agreements, understandings, guidelines, and obligations between Collier County
and Moorings Presbyterian Church of Collier County to coordinate relief efforts at the
time of a disaster.
GROWTH MANAGEMENT: There IS no Growth Impact with this Executive
Summary .
FISCAL IMPACT: There is no Fiscallmpact.
RECOMMENDATIONS: That the Board approves the MOU's between the Collier
County Board of County Commissioners, through its Emergency Management
Department and Moorings Presbyterian Church which has volunteered to partner with
Emergency Management during both a Presidentially declared and undeclared disasters.
Prepared by: Judy Scribner, Human Services Program Manager, Emergency
Management Department.
16f5
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Moorim!s Presbyterian Church
I: Puroose: The purpose of this Memorandum of Understanding (MOU) is to set forth, define
and establish mutual agreements, understandings, and obligations by and between the Collier
County Board of County Commissioners, through its Emergency Management Department, and
Moorings Presbyterian Church.
II: Statement of Basic ResDonsibilities:
A. Collier County Board of County Commissioners, through its Emergency
Management Department, provides coordination of emergency services with
Collier County, including incorporated areas, This includes the selection and
utilization of various resources and organizations capable of rendering assistance,
Under Chapter 252, Florida Statutes, the Board of County Commissioners,
through its Emergency Management Department, also coordinates the
administration of relief activities of both public and private relief or disaster
assistance organizations which agree to volunteer their services under the
direction or guidance of Collier County authorities, In addition, Collier County
may utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief supplies,
medicines or other items and temporary sheltering as part of the restoration,
rehabilitation or reconstruction of community services and essential facilities
whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues to
supplement assistance and recovery to victims of both Presidentially declared or
undeclared disasters and the need to work in harmony with local governments and
private relief agencies, the Moorings Presbyterian Church wishes to assist in
rendering the most efficient service with a minimum of duplication to the citizens
and guests of Collier County,
ill: Coordination of Effort: Cooperation and coordination between Collier county
Government, through its Emergency Management Department and Moorings Presbyterian
Church at a time of major disaster and during the post-disaster recovery period should be
maintained at efficient levels and is part of the purpose of this Agreement, Moorings
Presbyterian Church works on a voluntary basis as a member of the Collier Emergency Response
Volunteer (CERV) Working Group, and will make a continuing effort to acquaint its members of
this Agreement to assist Collier County government in carrying out mutual responsibilities for
disaster relief
IV: ResDonsibilities:
1
16F5
A. Collier County Emergency Management Department agrees to the following:
1, Notify Moorings Presbyterian Church of the potential need to assist
in activities following a disaster, and
2. Participate in and develop training in disaster response for the members of
Moorings Presbyterian Church~and
3. Assist in the development plans for Moorings Presbyterian Church~ and
4, Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5, Utilize, when and as appropriate, the services of Moorings Presbyterian
Church
for disaster relief and recovery projects; and
6. Whenever members of Moorings Presbyterian Church are
rendering aid to Collier County Government under this Agreement,
they shall have the same powers, duties, rights, privileges and
immunities as if they were performing their duties for Collier County,
and Collier County shall be liable for their acts and actions as if they
were performing their duties for Collier County; and
7, Collier County shall be liable for any loss or damages to any facility or
equipment utilized pursuant to this Agreement and shall pay any expenses in
the repair thereof; and
8, Collier County agrees to be responsible, to the extent provided under Florida
Statues 768,28, for its negligent acts, however, this responsibility shall not
serve as a waiver of Collier County's Sovereign Immunity limits,
B. MoorinlZs Presbyterian Church agrees to:
I, Provide facilities and/or staff to Collier County at no charge during
the disaster recovery period; and
2, Provide a 24 hour contact person and alternates; and
3, Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5, Provide the Emergency Management Department with an update of facility
and manpower capabilities at least annually prior to June of each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written
approval of the owner/operator.
2, Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection form,
and/or this agreement,
3. Prior to occupancy, representatives of both parties will again inspect the
facility/property to note any discrepancies on the release form. Nonna!
2
16F5
wear and tear is considered to the responsibility of the
organization/owner/operator,
4, The facility/property will be returned to the organization/owner/operator in
the same condition as it was when occupied/acquired.
5. Other provisions as follow:_none
v. Effeetive Date. Automatic Renewal. and Modification: This Agreement presents the
general and some specific guidelines by which Collier County, through its Emergency
Management Department and Moorings Presbyterian Church will cooperate to aid victims at
the time of disaster. In witness thereof, the parties have executed this agreement on the date
indicated. The provisions of the Agreement will be effective from the date approved by the
Board of County Commissioners for a period of three (3) years, At the end of the three year
(3) period, this Agreement will automatically renew for an additional term of one year unless
terminated as provided in Paragraph VI of this Agreement. At the end of the one (1) year
renewal period, this Agreement will renew for an additional term of one (1) year unless
terminated as provided in Paragraph VI. of this Agreement. This Agreement may only be
automatically renewed two times. Both parties have the authority to amend provisions of this
Memorandum of Understanding upon mutual consent and by written instrument executed by
the Parties,
VL Termination: Either party may terminate this Agreement by providing the other party with
notice of its intent to terminate with 30 days written notice, The Agreement may be
immediately and automatically terminated by the County without providing such notice,
should the County reasonably believe that the spirit or intent of Chapter 252, Florida Statutes
is not being effectuated by this Agreement,
.'
AS TO COUNTY:
Attest :
DWIGHT E, BROCK, Clerk
BY:~~~ p,(
Signature 0111.
WITNESSES:
~t~' ~~~~~ ~A(IJ
~\ ~ 'J---=-
.~ ('
Print Name: ~fI,>;v~,^- {IJz!lo.u\Y"- 'e';'
By:
MOOrin~?Sbyterian ~hurch
By: ~/Z;I ;j ';{If; CkrI
I
I
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing
_AQr:1
instrument was
2007, by
acknowledged before
as
me thisJ3lLday
of
of
3
16F5
J::>s~ G. ~~tf'Y , as ct~
[ ] has produced driver's license no.
,@She is ~erSOnallY known to me, or
as identification.
(SEAL)
NOTARWLIC
Name:S&Y\ tfOJ,JL. thl ton
(Type or Print)
My Commission Expires:
Approved as to form and legal sufficiency:
~o~
Jenm er A~ Belpe .
Assistant County Attorney
Item# \0P S
AS;"'d'S-22 -en
DJV:':
Dote S - 22. --0
H8C'd
4
^
"j 'y-::'
AGREEMENT FOR SALt AND PURCHASE
1662
,...
THIS AGREEMENT is made and entered into by and between Nancy Black and
Monsur Ahmad (hereinafter referred to as "Seller"), and Collier County Community
Redevelopment Agency, a political subdivision of the State of Florida, (hereinafter
referred to as "Purchaser"),
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property located at 4005
Harvest Court, Naples, Florida 34112 (hereinafter referred to as "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, 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
7~ AI Dollars ($ /0 .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. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be One
Hundred and Ten Thousand, Two Hundred and Fifty Dollars
($110,250.00), U.S. Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before August 10, 2007
following execution of this Agreement by the Purchaser. unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the
Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East,
Naples, Florida, The procedure to be followed by the parties in connection with
the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 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.
Initial Buyer
Initialselle~
~~
:.....-------
1
1662
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3,012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to ('
the Purchase Price, No funds shall be disbursed to Seller until the Title
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.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3,02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of 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 Warranty 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 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 twenty (20) days after the date hereof, Purchaser shall obtain as
evidence of title an AL T A Commitment for an Owner's Title Insurance Policy
(AL TA Form B-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
Initial Buyer
In~ial Seller~ ~o...._
2
16G2
title, Seller shall have thirty (30) 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 title 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 thirty (30) 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.
4,013 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", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
~ Seller agrees to convey all properties vacant and free of all tenant I"
occupants on or before the day of closing. Buyer has the right to inspect all "
properties the day of closing to confirm said vacancies. Failure to convey
properties by Seller as vacant will cause delay of closing.
V. APPRAISAL PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement
(Appraisal Period), to obtain the required appraisal(s) in order to determine the
value of the Property pursuant to the requirements of Florida Statutes 125.355,
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
the independent appraisal(s), Purchaser shall deliver to the Seller within thirty
(30) days from the expiration of the Appraisal Period, written notice of its intention
to waive the applicable contingencies or to terminate this Agreement. If
Purchaser fails to notify the Seller in writing of its specific objections as provided
herein, it shall be deemed that the Purchaser is satisfied with the results of its
investigation and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement copies of the appraisal
reports shall be furnished to the Seller.
~ Seller acknowledges that if the agreed Purchase Price stated in Paragraph II
2.01 exceeds the average of two (2) independent appraisals, if obtained, the~I"
Purchaser is required to approve the purchase by an extraordinary vote, If such
vote is not obtained, then this Agreement shall terminate and the parties shall
bear their own costs.
VI. INSPECTION PERIOD
6.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
Initial Buyer
InijialSeller~
~Q-
--
3
16G2
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. 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, Purchaser shall deliver to Seller copies of all engineering reports and
environmental 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 and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry, 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 the Closing,
VIII, POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
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 2007 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.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or 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 one percent (1%) of the purchase price
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,
Initial Buyer
In~ial Seller-4f$-
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10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs
for appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose,
10.04 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. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
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 contemplated 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.
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
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, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
Initial Buyer
In~ial selklr;!/B- ~ ~
5
16G2
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
represents no storage tanks for gasoline or any other substances are or were
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.
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 suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
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 will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
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,
IniUal Buyer
Initial Sellerl!/'lt- ~o
6
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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,
11,024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Collier County Redevelopment Agency
Bayshore/Gateway Triangle
c/o David Jackson, Executive Director
2740 Bayshore Drive
Naples, Florida 34112
With a copy to:
Marjorie Student-Stirling
Assistant County Attorney
Office of the County Attorney
2800 Horseshoe Drive
Naples, Florida 34104
If to Seller:
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12.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein, For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
Initial Buyer
Initial seiie~ ClS'fI~
7
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XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
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 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the CRA Board of
Directors Commissioners of Collier County, Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
Initial Buyer
Initial Seller~
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14.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XV. ENTIRE AGREEMENT
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 Purchaser and Seller. Time is of the essence of this
Agreement.
XVI. 1031 EXCHANGE
16.01 The Seller int~nds to do a 1031 Exchange and buyer agrees to cooperate
with seller regarding the exchange at no additional cost to buyer and no delay to
the closing.
Initial Buyer
IMial Seller~
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IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by
BCC: oS-/1..1-( 01
AS TO PURCHASER:
DATED: OS-(Z-7)o7
,
ATTEST:
DWIGHT E. BROCK, Clerk
b:1 fLAl ^ ~~ OC
Attest 4S to 't' utY Clerk
sIgnature 0ll1~
AS TO SELLER:
DATED: tj- i- 2u'C7
(Signatur
/ '/ la f) -!:.h(J r Ja 17
(Printed Name)
(Signa re
o Olt/l ,1. L, J;J.{../i '>iJY/
(Printed Name)
Approved as to form and
legal sufficiency:
tilL t ~
.I..", ./ Marjorie Student-Stirling
{'''- Assistant County Attorney
COLLIER COUNTY COMMUNITY
REDEVEjrrENT AGE' _
BY: 'tiN' \ '"tA' -,' A 4,,,
DO A FIA ,Chairman
BY: ~~~/ ~ L?4eL
Nanc K. BlacK
)j A-.J-/ cy IL A !At'L_
(Printed Name)
BY: ~~nA~
Monsur Ahterl ~ - -
tv! tiNS l .. {2-- A H..tY:t.A 1\
(Printed Name) ;/
Item# l1062.
Agenda 5-2 "L --1\1
Date U
Date 5 'q ~ -0""\
Rec'd
1D
l.
1662
EXHIBIT "A"
LOT 65, LAKE KELLY, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 3, AT PAGE(S) 93, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA
PROPERTY I.D. 53352160001
11
/ !' '2
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AGREEMENT FOR SALE AND PURCHASE
16G3
3
THIS AGREEMENT is made and entered into by and between Nancy Black and
Monsur Ahmad (hereinafter referred to as "Seller"), and Collier County Community
Redevelopment Agency, a political subdivision of the State of Florida, (hereinafter
referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property located at 3991
Harvest Court, Naples, Florida 34112 (hereinafter referred to as "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, 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 p~s hereinafter set forth and the sum of
7& Dollars ($ /0 .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. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be One
Hundred and Ten Thousand, Two Hundred and Fifty Dollars ($110,250.00),
U.S. Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before August 10, 2007
following execution of this Agreement by the Purchaser. unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the
Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East,
Naples, Florida. The procedure to be followed by the parties in connection with
the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 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.
Initial Buyer
Initialseller~cp., ~o _
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3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to./"
the Purchase Price. No funds shall be disbursed to Seller until the Title
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.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of 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 Warranty 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 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 twenty (20) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(ALTA Form B-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
Initial Buyer
In4ialSetter~ ~D-_
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16G31
title, Seller shall have thirty (30) 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 title 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 thirty (30) 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.
4.013 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", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
~ Seller agrees to convey all properties vacant and free of all tenant.... .,.
occupants on or before the day of closing. Buyer has the right to inspect all tJl
properties the day of closing to confirm said vacancies. Failure to convey
properties by Seller as vacant will cause delay of closing.
V. APPRAISAL PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement
(Appraisal Period), to obtain the required appraisal(s) in order to determine the
value of the Property pursuant to the requirements of Florida Statutes 125.355.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
the independent appraisal(s), Purchaser shall deliver to the Seller within thirty
(30) days from the expiration of the Appraisal Period, written notice of its intention
to waive the applicable contingencies or to terminate this Agreement. If
Purchaser fails to notify the Seller in writing of its specific objections as provided
herein, it shall be deemed that the Purchaser is satisfied with the results of its
investigation and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement copies of the appraisal
reports shall be furnished to the Seller.
5.:;93 Seller acknowledges that if the agreed Purchase Price stated in paragraPh;~
2.01 exceeds the average of two (2) independent appraisals, if obtained, the
Purchaser is required to approve the purchase by an extraordinary vote. If such
vote is not obtained, then this Agreement shall terminate and the parties shall
bear their own costs.
VI. INSPECTION PERIOD
6.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
Initial Buyer
In~ial Seller~ ~O-- __
3
1663
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. 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, Purchaser shall deliver to Seller copies of all engineering reports and
environmental 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 and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. 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 the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
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 2007 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.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or 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 one percent (1%) of the purchase price
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.
Initial Buyer
Initial Seller"4B- lOOt 0.... _
4
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10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs
for appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
10.04 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. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
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 contemplated 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.
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
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, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
Initial Buyer
In~ialseller~ ~"'~
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16G3
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
represents no storage tanks for gasoline or any other substances are or were
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.
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 suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
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 will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
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.
Initial Buyer
Inrtial seller~ ~ a...__
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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.
11.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Collier County Redevelopment Agency
Bayshore/Gateway Triangle
c/o David Jackson, Executive Director
2740 Bayshore Drive
Naples, Florida 34112
With a copy to:
Ma~orie Student-Stirling
Assistant County Attorney
Office of the County Attorney
2800 Horseshoe Drive
Naples, Florida 34104
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With a copy to:.MO,J5 uk?... ArIfI'1/-f~
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If to Seller:
12.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
Initial Buyer
Initialseller~ ~o....~
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XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
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 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the CRA Board of
Directors Commissioners of Collier County, Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
Initial Buyer
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14.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XV. ENTIRE AGREEMENT
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 Purchaser and Seller. Time is of the essence of this
Agreement.
XVI. 1031 EXCHANGE
16.01 The Seller intends to do a 1031 Exchange and buyer agrees to cooperate
with seller regarding the exchange at no additional cost to buyer and no delay to
the closing.
Initial Buyer
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IN WITNESS WHEREOF, the parties hereto have signed below.
Dated project/ACqu"ition Approved by
BCC: C:J<:::;""/z..1,.. 07
AS TO PURCHASER:
DATED: (J)/~Z./D7
.
ATTEST:
DWIGHT E. BRO~I<! Clerk
~[~;~Ito jf;~~~~rk
11gnatureOlll.
COLLIER COUNTY COMMUNITY
REDEVELOrrENT AGE' _
BY: ~l '". ,'A~,
DO A FIA(A, Chairman
AS TO SELLER:
DATED: 4 ~ If - 2aD?
(Sign de.
1_1/ h"an . )0(/( 011
(Printed Name)
BY:N~~ ;e.~
NIT )Jc-Y' JL- B LALL
(Printed Name)
BY: ~lJi'~}..~
Monsur Ahm"'9 "
,-
(l)A
1''10 N.S t) (L A \:tMA I)
(Printed Name)
Approved as to form and
legal sufficiency:
I JL--'
~Marjone tudent-Stirling
Assistant County Attorney
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I'
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1663
EXHIBIT "A"
LOT 66, LAKE KELLY, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 3, AT PAGE(S) 93, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA
PROPERTY I.D. 53352200000
11
~'~;i ~,/
AGREEMENT FOR SALE AND PURCHASE
16G4
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THIS AGREEMENT is made and entered into by and between Nancy Black and
Monsur Ahmad (hereinafter referred to as "Seller"), and Collier County Community
Redevelopment Agency, a political subdivision of the State of Florida, (hereinafter
referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property located at 3979
Harvest Court, Naples, Florida 34112 (hereinafter referred to as "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, 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
TE IV Dollars ($ / (') .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. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be One
Hundred and Fourteen Thousand, Five Hundred Dollars ($114,500.00), U.S.
Currency, payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before August 10, 2007,
following execution of this Agreement by the Purchaser. unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the
Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East,
Naples, Florida. The procedure to be followed by the parties in connection with
the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 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.
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3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to ,/
the Purchase Price. No funds shall be disbursed to Seller until the Title
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.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of 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 Warranty 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 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 twenty (20) days after the date hereof, Purchaser shall obtain as
evidence of title an AL T A Commitment for an Owner's Title Insurance Policy
(ALTA Form B-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
Initial Buyer
In~iaISeller~ ~~
2
title, Seller shall have thirty (30) days to remedy any defects in order to convJ 6 6 4
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 title 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 thirty (30) 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.
4.013 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", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
4;31'4 Seller agrees to convey all properties vacant and free of all tenant ~II"
occupants on or before the day of closing. Buyer has the right to inspect all '
properties the day of closing to confirm said vacancies. Failure to convey
properties by Seller as vacant will cause delay of closing.
V. APPRAISAL PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement
(Appraisal Period), to obtain the required appraisal(s) in order to determine the
value of the Property pursuant to the requirements of Florida Statutes 125.355.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
the independent appraisal(s), Purchaser shall deliver to the Seller within thirty
(30) days from the expiration of the Appraisal Period, written notice of its intention
to waive the applicable contingencies or to terminate this Agreement. If
Purchaser fails to notify the Seller in writing of its specific objections as provided
herein, it shall be deemed that the Purchaser is satisfied with the results of its
investigation and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement copies of the appraisal
reports shall be furnished to the Seller.
~ Seller acknowledges that if the agreed Purchase Price stated in Paragraph ~I"
2.01 exceeds the average of two (2) independent appraisals, if obtained, the
Purchaser is required to approve the purchase by an extraordinary vote. If such
vote is not obtained, then this Agreement shall terminate and the parties shall
bear their own costs.
VI. INSPECTION PERIOD
6.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
Initial Buyer
InttialSeller~ ~D.-~
3
any investigation, Purchaser shall deliver to Seller prior to the expiration J.tQ G 4
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. 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, Purchaser shall deliver to Seller copies of all engineering reports and
environmental 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 and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. 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 the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
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 2007 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.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or 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 ~ percent (1%) of the purchase price
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.
Initial Buyer
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10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs
for appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
10.04 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. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
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 contemplated 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.
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
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, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
Initial Buyer
In~ial selle;;fIJ... l:lSO\ 0..... ~
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16G"'~
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
represents no storage tanks for gasoline or any other substances are or were
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.
I
,
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.
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 suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
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 will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
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.
Initial Buyer
InitialSeller~ ,~c~
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6
1664 'I
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.
11.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Collier County Redevelopment Agency
Bayshore/Gateway Triangle
c/o David Jackson, Executive Director
2740 Bayshore Drive
Naples, Florida 34112
With a copy to:
Marjorie Student-Stirling
Assistant County Attorney
Office of the County Attorney
2800 Horseshoe Drive
Naples, Florida 34104
If to Seller: ;J ff ;J c.Y" iJ L~-t2-L
j 2- q 2.1 tJe<
)J~<> ':;t:~ 3 (f,bS;-
With a copy to:
;VI u "v s utL MJ'1A: j) i\
9- ({, 6' /1 eYl>"^- k~AJL
/IJ:.~ rL--' s L/!{)t;
12.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
Initial Buyer
Initial seller~
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7
16,64,.
XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
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 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the CRA Board of
Directors Commissioners of Collier County, Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
Initial Buyer
In~ial selle~
~~
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8
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14.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XV. ENTIRE AGREEMENT
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 Purchaser and Seller. Time is of the essence of this
Agreement.
XVI. 1031 EXCHANGE
16.01 The Seller intends to do a 1031 Exchange and buyer agrees to cooperate
with seller regarding the exchange at no additional cost to buyer and no delay to
the closing.
Initial Buyer
In~ial Sell ~ Ct5QI 0.. ~
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9
16G4
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated project/Aciuisition Approved by
BCC: O~- /u. 07
,
AS TO PURCHASER:
DATED: OS-IZZlO?
ATTEST:
DWIGHTE, BROCK., Clerk
COLLIER COUNTY COMMUNITY
::DEVEL1!!ENT AG~'A ~
DO~NA FIALA, Chairman'>
~.lhw ~L~~)~(X.
, Attest,I Ctta u~ Clerk
Itona:ture 0111"
AS TO SELLER:
DATED: Lf-~ 'f- .~ct?
~WITN ~S:#f
-~~
(Signat
L;//,'tlf) _ Jou,da/7
(Printed Name)
BY-li,~ :t: ~d-
Na y K. BI ck
IUjr)J cy f( IS LM-f-
(Printed Name)
BY: ~aL.. -~
Monsur Ahl1J<'rl ~
(Signatur )
'~\J.. L. JQ (.(q <rv1
(Printed Name)
N (')1'.1 S t 1{2- A I:f..e:1A ..D
(Printed Name)
Approved as to form and
legal sufficiency:
f*--tb:~StLt.;;;;
Assistant County Attorney
Item# \Co lOt
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16G4
EXHIBIT "A"
LOT 67 AND THE SOUTH Yo OF LOT 68, LAKE KELLY, UNIT 2, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE(S) 93, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
PROPERTY I.D. 53352240002
11
"
16G5
, ..
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Nancyi'Black and
Monsur Ahmad (hereinafter referred to as "Seller"), and Collier County Community
Redevelopment Agency, a political subdivision of the State of Florida, (herein~fter
referred to as "Pu~i1aser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property located at 3032
Van Buren Avenue, Naples, Florida 34112 (hereinafter referred to as "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, 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
T.E ,111, Dollars ($ J IJ jJO), 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. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Ninety
Thousand Dollars ($90,000), U.S. Currency payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before August 10, 2007,
following execution of this Agreement by the Purchaser. unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the
Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East,
Naples, Florida. The procedure to be followed by the parties in connection with
the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 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.
Initial Buyer
InitialSeller~ O'flr:,-
1
16G51 i
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to ,/
the Purchase Price. No funds shall be disbursed to Seller until the Title
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.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attomey's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form 8 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 Warranty 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 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 twenty (20) days after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title Insurance Policy
(AL T A 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
Initial Buyer
InitialSeller#
Grfl. a..
~
2
16G5
title, Seller shall have thirty (30) 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 title 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 thirty (30) 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.
4.013 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", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
~ Seller agrees to convey all properties vacant and free of all tenant
occupants on or before the day of closing. Buyer has the right to inspect all V
properties the day of closing to confirm said vacancies. Failure to convey "fA
properties by Seller as vacant will cause delay of closing.
V. APPRAISAL PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement
(Appraisal Period), to obtain the required appraisal(s) in order to determine the
value of the Property pursuant to the requirements of Florida Statutes 125.355.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
the independent appraisal(s), Purchaser shall deliver to the Seller within thirty
(30) days from the expiration of the Appraisal Period, written notice of its intention
to waive the applicable contingencies or to terminate this Agreement. If
Purchaser fails to notify the Seller in writing of its specific objections as provided
herein, it shall be deemed that the Purchaser is satisfied with the results of its
investigation and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement copies of the appraisal
reports shall be furnished to the Seller.
~ Seller acknowledges that if the agreed Purchase Price stated in Paragraph ./
2.01 exceeds the average of two (2) independent appraisals, if obtained, the "I"
Purchaser is required to approve the purchase by an extraordinary vote. If such
vote is not obtained, then this Agreement shall terminate and the parties shall
bear their own costs.
VI. INSPECTION PERIOD
6.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
Initial Buyer
In~iaISeller~ ~
3
1 6 G 5 J'1
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. 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, Purchaser shall deliver to Seller copies of all engineering reports and
environmental 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 and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. 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 the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
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 2007 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.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or 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 one percent (1%) of the purchase price
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.
Initial Buyer
Initial Seller;!frE ~=--"
4
16G5
10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs
for appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
10.04 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. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
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 contemplated 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.
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
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, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
Initial Buyer
InitialSelle~
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5
16G5
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
represents no storage tanks for gasoline or any other substances are or were
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.
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 suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
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 will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
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.
Initial Buyer
Initial Selle~
~c,,_
-
6
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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.
11.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Collier County Redevelopment Agency
Bayshore/Gateway Triangle
c/o David Jackson, Executive Director
2740 Bayshore Drive
Naples, Florida 34112
With a copy to:
Ma~orie Student-Stirling
Assistant County Attorney
Office of the County Attorney
2800 Horseshoe Drive
Naples, Florida 34104
If to Seller:
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With a copy to: _ I', I~ 1.1 M-A/)'
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12.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
Initial Buyer
Initial Seller ~~a
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7
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XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
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 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the CRA Board of
Directors Commissioners of Collier County, Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
Initial Buyer
InitialSelle~4 ~C;..-\ __
8
1665
14.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XV. ENTIRE AGREEMENT
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 Purchaser and Seller. Time is of the essence of this
Agreement.
XVI. 1031 EXCHANGE
16.01 The Seller intends to do a 1031 Exchange and buyer agrees to cooperate
with seller regarding the exchange at no additional cost to buyer and no delay to
the closing.
Initial Buyer
Initialselle~ ~
9
1665
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by
BCC: (')<(" In/<> 7
AS TO PURCHASER:
DATED: 0<;('22..(,)7
ATTEST:
DWIGHT E. BROCK, Clerk
. .J
COLLIER C\~ANTY COMMUNITY
::D EVE ili'::: ~G~4.~
DOJNA FIALA, Chairman
"- ,'j,
~, .'.rLlh .'~ 21;~/ CO { ..
; .if; . '. . .',' . , . Deputy Clerk
. ~'n to Olaf""" $
, . ~lQMttlrfl ,onh:' :
If:!'\ .
-'
AS TO '~RtER:
DATE[): 0/ --9 - JJJ() 7
(Signatur
L/I/;~/J . hurc!a/l
(Printed Name)
By:~~1
Nan y K. B ck
attu- \
(Signature)
Ufi1fit!" L, Q(j(!; ~
(Printed Name)
BY: ~ h'YY\9.Q
Monsur Ah~ad
Nnl'{C:.(11L. A~j)
(Printed Name)
Approved as to form and
legal sufficiency:
~, I j\
,[. (l.- arjorie Student-Stirling
'(U Assistant County Attorney
Item# l~ hS
Agendas- ~Z-07
Date
Date 5 -cr?, 1)1
Rec'd
(
110
16G5
EXHIBIT "A"
Lot 20, KELLY PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 3, AT PAGE(S) 95., OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PROPERTY I.D. 52700760009
Seller agrees to convey "Certificate of Title" state of Florida for the mobile home which
is on this parcel as described in the attached contract and Exhibit "A" at the agreed time
of closing as stated in paragraph 3.01 of this contract.
Seller also agrees that the mobile home on this parcel is being sold "AS IS" and that it
will be delivered at closing "Broom Clean".
11
) L, C. t
16G6
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this 1st day of June,
2007, at Naples, Collier County, Florida, by and between Lafayette N. Ingram, III, doing
business as Gulf Gate South, a registered fictitious name, hereinafter called "Landlord", and
Collier County Community Redevelopment Agency, a political subdivision of the State of
Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter
referred to as "Tenant".
WITNESSETH
WHEREAS, the Landlord and Tenant have previously entered into a Lease Agreement dated
February 28, 2007;
WHEREAS, the Landlord and Tenant are desirous of amending the Lease Agreement; and
NOW THEREFORE, in consideration of the covenants and agreements provided herein and
within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease
Agreement is hereby amended as follows:
1. The description of the premises of the Lease Agreement on page one is deleted in
its entirety and replaced with the following:
Unit Number 10, in that Office and Retail Complex known as Gulf Gate
South, the street address of which is: 2740 Bayshore Drive - Naples,
Florida 34112, constructed upon that tract, parcel, or piece or real estate
described on the attached Exhibit "A", attached hereto and incorporated
herein by this reference.
2. Except as expressly provided herein, this Lease Agreement between Lafayette N.
Ingram, III and Collier County Community Redevelopment Agency of utilization
of the demised premises described in said Lease Agreement remains in full force
and effect according to the terms and conditions contained therein.
IN WITNESS WHEREOF, the Landlord and Tenant have hereto executed this First
Amendment to Lease Agreement the day and year first above written.
AS TO THE TENANT:
DATED: 0""-/2 >/07
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA SITTING AS
THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY, TENANT
ATTEST: "'i-:r
DWIGHT E. BRdGJ<, Clerk
5,.'~
.
L,'S tt.
(Print Name)
?>q/~N'l
Approved as to form and
legal sufficiency:
Item # IlohlP
Agenda -rC, a d ~D 1
Date ~
"""f'h~, ~'" . rn (Jt:u~ ,d:-IJb~Li..~
Mmjon . Student-Stirling 0
Assistant County Attorney
Date 5~o:<:. i)
Reed
16H3
PROCLAMA TION
WHEREAS, according to the U.S. Department of Justice, in one year there were nearly
800,000 children missing; and,
WHEREAS, on average, there are an estimated average of 2,185 children reparted missing
to law enforcement agencies daily; and,
WHEREAS, 58,200 of these children are victims of non- family abductions and more than
200,000 are the victims of family abductions; and,
WHEREAS, the National Center for Missing .. Exploited Children (NeMEC) exists as a
resource to help prevent child abduction and sexual exploitation, help find
missing children, and assist victims of child abduction and sexual exploitation,
their families, and the professionals who serve them; and,
WHEREAS, although the NCMEC assists law enforcement in the recovery of 96% of
domestically missing children, too many children remain amon9 the missing; and,
WHEREAS, national research has confirmed that safety prevention education is critically
impartant in protecting children from abduction and exploitation; and,
WHEREAS, one in six children futurwd in NeMEC's photo-distribution program is
recovered as a dirwct result of SI1IfItIiJfIe recognizing the child in the picture;
and,
WHEREAS, one of tit. fJDOls of the NCMEC/Collier County is to bring prevention education
programs to parents and children through partnerships with law enforcement
agencies, schools, libraries, community centers, chllf'eMs, and other child-
serving organizations in our community; and,
WHEREAS, on Friday, May 25, 2007, NeMEC/Collier County wiN jDin city and county law
enforcement professionals and volunteers at the Coast/and Mall to provide
safety brochures and free child ID and fingerprinting to families in our
community.
NOW THEREFORE. be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that May 25, 2007, be des/gntlted as
NATIONAL MISSING CHILDREN'S DA Y
and encourage all community members to "Take 25" minutes to teach a child
impartant, passibly life-saving, safety tips as part of the continuing efforts in
Collier County to prevent abduction and sexual exploitation of children.
DONE AND ORDERED THIS 2r Day of May, 2007.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
C//", FlORm
./ /
/V-
J, 'OLETTA C"HAI8MAN
16H4
PROCLAMA TION
WHEREAS, Collier County Bureau of Emergency Services, Department of
Emergency Medical Services paramedics care for victims of sudden
life-threatening injuries and illnesses, often under stressful
conditions and in high-risk situations, to save the lives of others:
and,
WHEREAS, EMS paramedics must rapidly assess, manage, and effectively
provide care in unpredictable situations that may require puffing
themselves in danger: and,
WHEREAS, EMS paramedics are often the first contact many residents and
visitors to Florida have with the health care system, and the
residents of and visitors to the State of Florida benefit daily
from their efforts: and,
WHEREAS, EMS paramedics provide education, assessment, prevention, and
referral services in addition to their emergency activities: and,
WHEREAS, it is critical that the general public be made aware of,
understand, support, and effectively use its local emergency
medical services system: and,
WHEREAS, recognition is due to all emergency medical professionals serving in
a variety of roles for their unselfish dedication to Florida's
residents and visitors.
NOW THEREFORE. be it proclaimed by the Board of County Commissioners of
Collier County, Florida, that the week of May 20 through
May 26, 2007 be designated as
COLLIER COUNTY EMERGENCY MEDICAL SERVICES WEEK
DONE AND ORDERED on this 22nd day of May, 2007.
A TrEST:
16H5
PROCLAMA TION
WHEREAS, mental health is essential to everyone's overall physical health and
emotional well-being; and,
WHEREAS, mental,11ness will strike one in five adults and cht'ldren in a given year
regardless of age, gender, race, ethnicity, religion, or economic status;
and.
WHEREAS, people who have mental,11nesses can recover and lead full, productive
lives; and,
WHEREAS, an estimated two-thirds of adults and young people who have mental
health disorders are not receiving the help they need; and.
WHEREAS, the cost of untreated and mistreated mental,11nesses and addictive
disorders to American businesses, governments, and families has grown
to $113 b,11ion annually,' and.
WHEREAS, community-based services that respond to individual and fam,1y needs
are cost-effective and beneficial to consumers and the community; and.
WHEREAS, the Nationol Mental Health Association, the Mental Health Association
of Southwest Florida and its national partners observe Mental Health
Awareness Month every May to raise awareness and understanding of
mental health and illness.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County. Florida. that May, 2007 be designated as
MENTAL HEAL TH AWARENESS MONTH
and call upon all citizens, government agencies, public and private
institutions, and businesses and schools in Collier County to recommit the
community to increasing awareness and understanding of mental health,
and the need for appropriate and accessible services for all people who
have mental illnesses.
DONE AND ORDERED THIS 22nd Day of May, 2007.
A TrEST:
PROCLAMA TION
16h6
WHEREAS, the Immokalee Foundation was formed in 1991 by philanthropist Parker
Collier to help improve the future of Immokalee's children by raising the
awareness of and financial support from neighboring Neapolitans and its
Mission is ''building pathways to success for the cht'ldren of Immokalee;"
and,
WHEREAS, the Immokalee Foundation distributes from $80,000 to $100,000 annually
to Immokalee programs that support its mission and has distributed in
excess of $1.5 million to projects supporting early learning, college
preporatory, and emergency aid to the children of Immokalee, and plans to
distribute $5. 6 million over the next five years to various community
portnerships, programs, and scholarships; and,
WHEREAS, the Immokalee Foundation partners with Collier County organizations that
support Immokalee's children throughout the duration of their educational
lives, an approach The Immokalee Foundation recognizes as ''Cradle to
Career;" and,
WHEREAS, the Immokalee Foundation financially sponsors up to 75 Immokalee children
enrolled in The Education Foundation of Collier County's "Take Stock in
Children" mentoring and tuition-assistance programs, and 14 of those
children will graduate from Immokalee High School in June, the first group
of the Immokalee Foundation-sponsored students to do so; and,
WHEREAS, the Immokalee Foundation plays a positive and significant role in the
education of Immokalee's children and aims to expand its valuable work by
further partnering with other community organizations, leaders and
volunteers: and,
WHEREAS, the Immokalee Foundation recognizes the volunteer efforts of Ellen Harris
and the charitable contributions of 8ay Colony, Port Royal and numerous
other communities, private individuals, and civic groups in Collier County.
NOW THEREFORE, be it proclaimed by the Boord of County Commissioners of Collier
County, Florida, that May 21, 2007 to May 25, 2007, be designated as
IMMOKALEE FOUNDATION WEEK
in recognition of its continued service to the community of Immokalee.
DONE AND ORDERED THIS 22nd Day of May, 2007
ATTEST:
J;
~.,~
MEMORANDUM
Date:
May 22, 2007
To:
Joyce Houran, Grants Coordinator
Collier County Sheriff's Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Re: Edward Byrne Memorial Justice Assistance
Grant (JAG) Program
Enclosed please find an original grant application letter, as referenced
above, (Agenda Item #16J3) approved by the Board of County
Commissioners on Tuesday, May 22, 2007.
If you should have any questions, please contact me at: 774-8406.
Thank you
Enclosures( I)
16J3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 L J
THE BOARD OF COUNTY COMMISSIONERS OFFICI]: FOR SIGNA~ .3
Print on pmk paper, Attach to origmal document Ongmal docennenb ,hould he I"nd ddlmed to the Boacd Ollree I he enmpleted mullng shp and ongmal
documcnts are to be I1JTwardcd to the Board Olrice only ant!: the I \oarJ has taken action on the Item. l
ROUTING SLIP
Comptete muting lines # I through #4 as appropriate for additional signatures, dates, and/or informatio" needed. If the document is already complete with the
, . ~
exceDtion of the C'hairman's si2l1ature, draw a line thrould routine.1ines # I throue.h #4, comolete the checklist, and forward to Sue Filson 'line #5).
Route to Addressee(s) Office Initials Date
(List in routin. order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the hotder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addresseeS above. including Sue Filson, need to contact stafffur additional or missing
information, A1t original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
iL/3-C1-
IvJ
I
Lp
Agenda Item Number
Number of Original
Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature I ine date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be a are of our deadlines!
The document was approved by the BCC on J enter date) and all cbanges
made during tbe meeting have been incorporated in ttie attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
Ves
(Initial
2.
3.
4.
5.
6.
~
l: Fonusl County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
-. .~_.fi-=".~"~'""_-"_'._""='~~""'-'.-
CERTIFICATE OF PARTICIPATION
16J3
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Date: May 22, 2007
Mr. Clayton H. Wilder
Adm in istrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Mr. Wilder:
',------,
This is to inform you that the Board of County Commissioners Accepts ~
Declines the invitation to serve as the coordinating unit of government in the Florida
Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant
(JAG) Program.
For purposes of coordinating the preparation of our application(s) for grant funds with
the Office of Criminal Justice Grants, we have designated the following person:
Name: Joyce Houran
Title: Grants Coordinator
E-mail address: qrants@colliersherifLnet
Agency: Collier County Sheriff's Office
Address: 3301 Tamiami Trail East BId. J
Item#\~
Agenda S-ZZ-at
Date
Telephone: /'N-7Q:< Q:<4fi
Date: May 22, 2007
County: r" 11 i "r
Date S - 2Z -01
Rec'd
Si",#~ ~
Chair, Board of County Commissioners
.tu..n
JlI&_,," ntTlr.
aJ)l.uJ '~ fY.,
, Attest ,C r1l4n ~
, ,ionatur't 0Il1 ~ '
.__..;;~ r~->
.
MEMORANDUM
Date:
May 22, 2007
To:
Joyce Houran, Grants Coordinator
Collier County Sheriffs Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
JAG FY07 Application/Letter
Enclosed please find an original grant application letter, as referenced
above, (Agenda Item #16J4) approved by the Board of County
Commissioners on Tuesday, May 22, 2007.
If you should have any questions, please contact me at: 774-8406.
Thank you
Enclosures( 1)
16J4
'j
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlP16 J 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Atta..::h to original dOl.:umenl. Original documents should be hand deliwred to tile Board Office. The completed routing slip and original
documents arc 10 be j{)f\\ardcd to the Roard OHlce only after the Board has taken action on the itnn.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excentioo of the Chairman's simature, draw a line throu21 routine lines # I throuoh #4, comDlete the checklist., Wld forward to Sue Filson (line #5\.
Route to Addressee(s) Office Initials Date
(List in routin. order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contal..1 is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
+\ D'^(o.'-l
'pO',
c.
ko-.. \. e14e[-
Agenda Item Number
Number of Original
Documents Attached
IQ'3-Q3'\&
\Ld '::1
Yes
(Initial)
N/A (Not
A licable)
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicabte column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages trom ordinances.
resolutions, etc. signed by the County Attorney's Office and signature pages trom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
Tn most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL
Some docwnents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be ware of our deadlines!
The document was approved by the BCC on ~, t (enter date) and all changes
made during the meeting have been incorporate in he attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
~sf)
el\"l
2.
3.
4.
5.
6.
[: Forms! COWlty f'orms! Bee Forms! OriginaJ Document'> Routing Slip WWS Original 9.03.04, Revised 1,26.05, Revised 2.24.05
fJl3oan/ o/~oIkw ~ownty ~~
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
May 22, 2007
Bureau of Justice Assistance
810 Seventh Street, NW
Washington, DC 20531
Re: Designated Official
For JAG 2007 application
Ladies and Gentlemen:
pursuant to a U.S. Department of Justice, Bureau of Justice Assistance
(BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) compliance
requirement, as the Chairman of the Collier County Board of
Commissioners, I approve and designate Don Hunter, Sheriff, Collier
County, Florida, as the authorized grantee official and contact person to
request Edward Byrne Memorial, Justice Assistance Grant (JAG) FY 2007
funds in the amount of $127,567.
Sin5ei41Y'f-/~"
~~ ~-
t/
Jim Coletta
Chairman
Collier County Commission
-\'~J' /
--<.-~,\-;,:,;\~ .".' ~
'~r~
Date
Rec'd
'5-'- '2.-()1
"ATTEST: .'. .
; DWIGHTE;B~QCl<, CLERK
, ~.~C'~.C
Iforiawr. ~ll('
'. , .t1!.,,~,,:-,,\~ :..
;l''i,
Item# \(.,,~
Agendas-lZ -()'"'\
Date I
16J4
MEMORANDUM
Date:
June 13, 2007
To:
Joyce Houran, Grants Coordinator
Collier County Sheriff's Office
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Grant Application
Enclosed please find an original of the above referenced document,
(Agenda Item #16J4) adopted by the Board of County Commissioners on
Tuesday, May 22, 2007.
If you should have any questions, please contact me at: 774-8411.
Thank you
Enclosures( I)
~btriff
DON HUNTER . COLLIER COUNTY
16J4
,
3301 Tamiami Trail East, Bldg - J. Naples, FL 34112-4902
(239) 774-4434 www.colliersheriff.org
INTEROFFICE MEMORANDUM
To: Sue Filson
Executive Manager
Date: June 8, 2007
From: Joyce Houran
Grant Coordinator
Re: May 22, 2007
Agenda Item 16J(4)
Sue, attached please find a copy of the referenced Executive Summary along with grant
documents that need to be signed in blue ink by Board Chairman Coletta.
Please call me at 793-9346 when these documents are ready to be picked up and taken to
Minutes and Records.
Thank you,
i, J~/t' (', cALc ~
J
Enclosure
j!Jlseprcf'f
"The duty of the Collier County Sheriff's Office is to preserve and protect
the lives. property and constitutional guarantees of all persons."
~
-
DO NOT WRITE ABOVE THIS SPACE
...,.I(], ,,16 J 4-
'..,( Ji ;'\;-}' ,;- ._.t' i/,//,
--I I f i\ ;-_. I <.
rli 101:>.1/;
7.... I If \.(~ \
;.[17 .. ~-
(;}:""j ,,'
\"'U; -5
ITEM NO:
FILE NO.:
ROUTED TO:
07-- sil F - rJO;~?ECEIVED:
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date:
June 6, 2007
To:
Office of the County Attorney, Attention:
Thomas Palmer, Eso.
From: Carol Goliohtly
(Name)
QI.7G
Finance Director
(Title)
Sheriff's Office
(Division)
Finance Division
(Department)
Re: 2007/2008 Edward Byrne Memorial, Justice Assistance Grant (JAG) Prooram
Grant Application
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be soecific, concise, and articulate) .
On May 22, 2007 the BCC approved Agenda I tern 16J (4) and agreed to be the
coordinating unit of government for Fiscal year 2007/2008 Edward Byrne
Memorial, Justice Assistance Grant (JAG) Program local application, approve
the Sheriff as the official applicant, approve the CCSO Finance Director as
the grants' chief financial manager and the CCSO Grants Coordinator as the
grant contact person and grant program manager, authorize the Board Chairman
to .execute the Certification of Participation for 19" year funding, approve
the Sheriff's Office fiscal year 2007/2008 grant application when completed,
and authorize acceptance of the award and approve associated budget
amendments.
The Sheriff's Office fiscal year 2007/2008 application is attached for your
review so Chairman Coletta can sign applicable grant documents. The
application is seeking continued funding for the Child Abuse/Sexual
Offender/Sexual Predator Project.
(Are there documents or other information needed to review this matter? If yes, attach and reference
this information), Yes. May 22, 2007 Agenda Item 16J(4) - copy attached.
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. RLS # 07-SHF-00046
(If previously submitted, provide County Attorney's Office file number.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you ~eed in the way of legal services.)
Legal approval of documents,
OTHER COMMENTS:
C: Don Hunter, Sheriff
All requests must be copied to your appropriate Division Head
or Constitutional Officer.
jhla:le0708applicacion
ITEM NO:
FILE NO.: 7 ':;,J'f Ii <LI
ROUTED TO: 0 - 11, - vOG ~
oM 3' OS
---------------------------------------------vmT~At~-U~-~--------- - ------
00 NOT WRITE ABOVE THIS SPACE tC
REQUEST FOR LEGAL SERVICES ~,p
(Pl.... 'yp. or prin', 'j V
DATE RECEIVED:
., i'-,~ j- \, J\ ~ C"iC
\:6u~~f{ AtTORNE;
16J4
Date: May 7, 2007
To:
Office of the Countv Attorney Attention:
From: Carol Goli htl
(Name)
Sheriff's Office
(Division)
Thomas Palmer, ESQ.
Finance Director
(Title)
Finance Division
(Department)
Re: Justice Assistance Grant (JAG) Proaram
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe probl!!llD and give background information - be ~. ~, and arti=ll!1t...).
Fiscal year 2007/2008 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program
(formerly Anti-Drug Abuse Grants Program) funding has been allocated to Collier
County by the Florida Department of Law Enforcement. Board approval is requested by
the Sheriff's Office to:
1. Seek appointment of the Collier County Commission as the coordinating unit of
government for fiscal year 2007/2008 Edward Byrne Memorial, Justice Assistance
Grant (JAG) Program funds and execute the Certification of Participation.
2. Approve the Sheriff as the chief official applicant; the CCSO Finance Director
as the grants' chief financial manager, and the CCSO Grant Coordinator as the
grants' contact person.
3. Approve Sheriff's Office fiscal year 2007-2008 Edward Byrne Memorial, Justice
Assistance Grant (JAG) Program application when completed.
4. Approve acceptance of awards and associated budget documents.
(Are there documents or other information needed to review this matter? Xf yes, attach and reference
this information) a Yes. Executive Summary and Certificate of Participation
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
(If previously submitted, provide County At.torney's Office file number.)
AC~ION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
Legal approval of request.
OTHER COMMENTS:
c: Don Hunter, Sheriff
All requests must be copied to your appropriate Division Head
or Constitutional Officer.)
jh/le certofpartC7
AGENDA TRANSMITrAL SUP I
16J4
Date Submitted: 5/11/07
~,
Agenda Item
#
Requested Agenda Date: 5/22/07
(15) Staff and Commissioner General
Communications
(16) Consent Agenda
Reviewed by:
Date:
Division Hea
County Manager:
Date:
Item Title: Edward
orlall Justice Assistance Grant
List of Documents Attached:
1. Executive Summary (required)
3.
5,
2, Certificate of Participation
4.
/0 -s- 4
s/nJo7
16J4
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING
UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S FISCAL YEAR 2008
EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND DESIGNATE THE
SHERIFF AS THE OFFICIAL APPLICANT, SHERIFF'S OFFICE STAFF AS GRANT FINANCIAL AND PROGRAM
MANAGERS, APPROVE THE GRANT APPLICATION WHEN COMPLETED, AND AUTHORIZE ACCEPTANCE
OF AWARDS AND ASSOCIATED BUDGET AMENDMENTS.
OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application
for the fiscal year 2008 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff
as the officiai applicant, Sheriff's Office staff as grant financial and program managers, approve the grant application
when compieted, and authorize acceptance of awards and associated budget amendments,
CONSIDERATIONS:
1, The Collier County Commission has participated in valuable Edward Byrne Memorial projects for 18 years. The
Collier County fiscal year 2008 JAG Program allocation is $171 ,689.
2, The Sheriff's Office will seek continuing grants funds for fourth year payroll costs and miscellaneous expenses
totaling $171,689 for the Child Abuse/Sexual Predator Program.
3. Continued grant funds will be sought for fiscal year 2009. Should fiscal year 2009 grant funds not be available, the
projected cost for the position coming off of the grant is $120,500,
4, Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator,
approve the Sheriff as the official applicant, the CCSO Finance Director as the grants' chief financial manager,
the CCSO Grants Coordinator as the grant contact person and grant program manager; approve the Sheriff's
Office's fiscal year 2008 grant application when completed, and to authorize acceptance of the awards and
associated budget amendments,
FISCAL IMPACT: None. No required match.
GROWTH MANAGEMENT: None,
RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government
for the 2007/2008 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program local application, approve the
Sheriff as the official applicant, approve the CCSO Finance Director as the grants' chief financial manager and the
CCSO Grants Coordinator as the grant contact person and grant program manager, authorize the Board Chairman to
execute the Certification of Participation for 19th year funding, approve the Sheriff's Office fiscal year 2007/2008
grant application when completed, and authorize acceptance of the award and approve associated budget
amendments.
PREPARED BY:
DATE:
(,cRTIFICATE OF PARTICIPAT. .~
16J4
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Date: May 22, 2007
Mr. Clayton H, Wilder
Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Mr. Wilder:
~
This is to inform you that the Board of County Commissioners Accepts ~
Declines _ the invitation to serve as the coordinating unit of government inthe Florida
Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant
(JAG) Program.
For purposes of coordinating the preparation of our application(s) for grant funds with
the Office of Criminal Justice Grants, we have designated the following person: .
Name: Joyce Houran
Title: Grants Coordinator
E-mail address:qrants@colliersheriff.net
Agency: Collier County Sheriff's Office
Address: 3301 Tamiami Trail' East, Blda. $-1, Naoles, Fl. 34112
Telephone: ;:>~q-7'n-q~4n
Date: Mav 22, 2007
County: ('"l1i"r
Sincerely,
Chair, Board of County Commissioners
ju_.
..LI....~
II:
A~';kr:~tl~V
~t County Atto..ney
CERTIFICATE OF PARTICIPATlvl-I
16J4
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Date: May 22, 2007
Mr. Clayton H. Wilder
Adm in istrator
Office of Criminal Justice Grants
Florida Department of LaW Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Mr, Wilder:
~
This is to inform you that the Board of County Commissioners Accepts ~
Declines _ the invitation to serve as the coordinating unit of government in the Florida
Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant
(JAG) Program.
For purposes of coordinating the preparation of our application(s) for grant funds with
the Office of Criminal Justice Grants, we have designated the following person: '
Name: Joyce Houran
Title: Grants Coordinator
E-mail address:qrants@colliersheriff.net
Agency: Collier County Sheriff's Office
Address: 3301 Tarniarni Trail, East, Blda. $-1, Naoles, Fl. 34112
Telephone: ~:N-7q,-q,4h
Date: May 22, 2007
County: ('n 11 ; pr
S;""~ 4i
Chair, Board of County Commissioners
Au_&
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16J4
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Implementing Agency
Organization Name: Collier County Sheriff's Office
County: Collier
Chief Official
Name: Don Hunter
Title: Sheriff
Address: 3301 Tamiami Trail East,
Building J
City: Naples
State: FL Zip: 34112
Phone: 239-793-9346 Ext:
Fax: 239-793-9405
Suncom:
Email: grants@colliersheriff.net
City:
State:
Phone:
Fax:
Suncom:
Email:
Project Director
Name: Joyce Houran
Title: Grant Coordinator
Address: 3301 Tamiami Trail East
Building J-1, Finance Division
Naples
FL
239-793-9346
239-793-9705
Zip:
Ext:
34112
grants@colliersheriff,net
Application Ref #
Contract
200a-JAGC-632
-JAGC-COLL- - -
Section #1 Page 2 of 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
General Project Information
Project Title: CHILD ABUSE/SEXUAL OFFENDER/SEXUAL PREDATOR PROJ,II
Project Sequence No: 1
Subgrant Recipient: Collier County Board of Commissioners
Implementing Agency: Collier County Sheriffs Office
Project Start Date: 10/1/2007 End Date: 9/30/2008
Problem Identification
The specific problem to which this project is responding is the safety of all Collier County residents,
primarily children under the age of eighteen (18); from registered sexual predators/sexual
offenders and from sexual offenses by yet unknown criminal offenders, Urban Collier County is
the second fastest growing area in the nation, the largest county (2,025 square miles) in the State
of Florida, home to approximately 326,658 year round residents (an increase from 306,186 in
2005), and a travel destination for more than 1,3 million tourists every year, This rapid growth
brings persons from every walk-of-life; including undesirable criminal offenders, The transient
nature of sexual predators and sexual offenders also has increased the known population of
?registered? offenders/predators and the number of undocumented out-of-state sex offenders and
predators, The increasing population also impacts the increased and proportional accompanying
crimes against children, Under Florida Statute, while all sexual predators constitute ?sexual
offenders?, not all sexual offenders constitute ?sexual predators?, The Legislature finds that
sexual predators and sex offenders who have committed their offenses against minors often pose
a higher risk of engaging in sex offenses, even after being released from incarceration or
commitment. Since an offender presents a high level of threat to public safety, coupled with the
long-term effects suffered by victims of sex offenses, the State is provided with sufficient
justification to implement specific strategies to protect all citizens from sexual offenders, For
victims, of all ages, sex offenders and sexual predators look for opportunities that would take
advantage of their victim?s vulnerable state, While adults may have the ability to prevent being
placed in these types of situations, our children, by nature, are extremely susceptible and need
additional protection to keep them from harm?s way, The Florida Department of Law Enforcement
(FDLE) acknowledges that all ages are exposed to victimization by sex offenders and sexual
predators, and, because sex offenders/predators have specific behaviors they generally display,
FDLE has implemented guidelines to address ways to help prevent future victimization, With
regards to sexual predators, local law enforcement must inform the community of the predator?s
presence within 48 hours of being notified by FDLE, While law enforcement is not mandated to
notify the community on sex offenders, police chiefs and sheriffs may release information on sex
offenders, and notify the public of that information at their discretion. Current law requires county
and local law enforcement, in conjunction with FDLE, to verify the address of sexual offenders and
predators not under the supervision of the DOC for qualifying sex offenses. The law requires that
at a minimum, law enforcement must verify sexual predator addresses quarterly and sexual
offender addresses annually, Inaccurate offender and predator address information could
jeopardize the safety of innocent children who currently reside in these communities, as well as
lending a false sense of security to the public, These errors also mean that sexual offenders have
moved without notifying law enforcement of their whereabouts, further jeopardizing the safety of
the community, specifically other innocent children, With FDLE maintaining the state database for
registered sex offender/predators, and verifying addresses via mail-drops, the Collier County
Sheriff?s Office (CCSO) is tasked with conducting physical checks of an
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- --
Section #2 Page 1 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
offender?s residential status, Although in May 2007 there were 243 registered sexual offenders
and 16 sexual predators registered in Collier County, the CCSO has routinely encountered other
citizens (out of area sex offenders) within the County who have either failed to register. or have not
been specifically designated by the court as a sex offender, Current strategies for tracking and
monitoring sex offenders and predators are based on those that are ?documented? from prior
arrests, However, as with many offenses there are offenders who have yet to have been arrested
and identified residing in our county, Statistics have shown that many sex offenders commit 100-
150 sex related offenses before being apprehended, The CCSO desires to maintain a progressive
and proactive response, pursuing as yet to be identified offenders and reducing recidivism of
currently identified sex offenders, The CCSO?s specialized detective bureau designated to be
responsible for all reported crimes against children. missing children, sexual battery (adults and
children) and the Sexual Offender/Predator Grant funded position is the ?Special Crimes Bureau?:
which is staffing funded for a Lieutenant, two (2) Sergeants, six (6) Investigators, one (1) Internet
Crimes Investigator, one (1) FBI Innocent Images Task Force member, one (1) Missing Persons
Criminal Research Investigator [civilian], and the one (1) Sexual Offender / Predator Investigator
(the individual funded by this grant), This bureau?s responsibility covers child crimes
investigations and offender tracking county-wide (2,025 square miles with a county-wide
population of 326,658), The overall goal of the new Special Crimes Bureau (SCB) is to develop
uniform and consistent responses to crimes against children and sex crimes; as well as to
proactively seek methods for preventing victimization, Feeling a sense of responsibility to the
community and protecting our neighborhoods, the Special Crimes Bureau (SCB) has enhanced its
efforts of conducting periodic checks, monitoring and surveillance of sexual offenders/predators
before they attack again, helping to prevent further offenses against our children, This increased
due diligence in enforcing Florida?s laws will likely increase the number of arrests and therefore
the number of individuals involved in sex offender tracking, These perpetrators by virtue of later
convictions will be registering as sexual predators and sex offenders; therefore, the volume of
monitoring cases will not decline in the near future, During 2006, a Special Crimes Investigator
typically investigated 35 to 40 open cases at anyone time: a difficult task at best. The number of
child crimes related cases each year is slowly and consistently rising, Staff within Special Crimes
has increased, yet attrition, light duty assignments and task force activity has greatly impeded case
productivity and pro-activity, Special Crime?s Bureau?s number of cases assigned per month
each year is consistently increasing as compared to other investigative bureaus, Overall the
Special Crimes Bureau has seen the following rates: 2003 cases: 989 - Cases per month: 82/
month; 2004 cases: 1,035 - Cases per month: 86/ month: 2005 cases: 1,347 - Cases per month:
112/ month: 2006 cases: 1,702 - Cases per month: 142/ month. Crimes where children are the
deliberate primary victims constitute a great proportion of investigative cases and involve every
form of abuse and neglect imaginable; cases which disgust the very fabric of family and proper
child caring, In addition, children that run away from home or are abandoned from their home as
ungovernable or unwanted can easily fall prey to sex offenders and predators, These complicated
and often time protracted case investigations outweigh the number of agency Investigators
dedicated to general crimes and other investigative efforts, which in the past limited the amount of
time that can be dedicated to this very important issue, Continued Justice Assistance Grant funds
are desperately needed to continue and better our efforts with this specialized Sexual
Predator/Offender Unit Investigator who will remain solely dedicated to the investigation,
apprehension, and prosecution of sex offender and predators, which are at high risk of committing
crimes against children under the age of 18.
Application Ref #
Contract
200S-JAGC-632
-JAGC-COLL- - -
Section #2 Page 2 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Project Summary
The Collier County Sheriff? Office (CCSO) proposes to enhance its efforts by continuing with the
Child Abuse/Sexual Offender/Sexual Predator project to protect the lives of children under the age
of 18 in Collier County and improve interactions and multi-disciplinary approaches with other
aspects of the criminal justice system, The CCSO proposes to allow for the Justice Assistance
Grant (JAG) funded sexual predator Investigator to continue to be better trained, and better
equipped to focus on unique and creative approaches to tracking and monitor sex offenders, The
Investigator assigned to the Justice Assistance Grant (JAG) Child Abuse/Sexual Offender/Sexual
Predator project will continue to implement, maintain and coordinate the enforcement of child
abuse and neglect laws, including laws protecting against child sexual abuse, and promoting
programs designed to prevent child abuse and neglect. The primary objective of this project is to
safeguard the community of Collier County, with a primary focus on protecting children from sexual
predators and offenders while reducing crimes against children, We have determined that over
2,000 investigative and analytical hours can be dedicated to the Child Abuse/Sexual
Offender/Sexual Predator Project between October 1, 2007 and September 30, 2008 with
available Justice Assistance Grant (JAG) for one Investigator. Each case will take a radically
different amount of time and grant funds will be utilized and expended to the maximum degree
toward the development of strategies and improved methods of targeting sexual offender and
sexual predator crimes committed against children, The CCSO Justice Assistance Grant (JAG)
funded Investigator and other SCB investigators will participate with the State Prosecutor in
criminal prosecutions of these cases, With Collier County?s rapid growth come more offenders
and predators, The current Justice Assistance Grant (JAG) funded sexual offender Investigator is
conducting nearly 300 address verifications each quarter with an estimated 100 attempted
contacts during the same period, During the first quarter of 2007 (representing a typical three
month-quarter?s activity):
297 Physical contacts and address verifications with OFFENDERS
94 Attempted contacts with OFFENDERS
21 Physical contacts and address verifications with PREDATORS
36 Attempted contact with PREDATORS
1 Warrants sought and served for various violations
3 Surveillance Operations
The sexual offender Investigator performs and investigates address verifications as required by
law, as well as surveillance of offenders likely to commit specific acts that might constitute a
violation of their community control/probation, Further funding would allow for this Investigator to
survey areas where undocumented sex offenders prey upon children whose likely convictions
would qualify the offender to register as a sexual offenders/predator upon conviction, The
Investigator also serves as a liaison with the Department of Corrections (DOC) and other law
enforcement agencies (local, state and federal) to identify movements of offenders between
jurisdictions who might not be registered in Collier County, The Investigator also prepares material
for the training of CCSO Deputies on the laws and requirements pertaining to sex
offenders/predators, resulting in expanding the potential for apprehension and prosecution of
offenders committing crimes against children in Collier County, A large component of the Child
Abuse/Sexual Offender/Predator project is public awareness, The CCSO currently posts monthly
offender notices/updates in each substation, With the extension of this Justice Assistance (JAG)
Grant, a plan will be developed to enhance public awareness through public service
announcements, radio talk shows, newspaper articles, presentations and visits with Neighborhood
Watch groups, and public presentations, The Sex Offender Investigator?s responsibilities have
increased dramatically since the inception of this
Application Ref #
Contract
200B-JAGC-632
-JAGC-COLL- --
Section #2 Page 3 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
program, Our agency?s dedication is to double the state?s mandated address verifications to
ensure adequate protection of our children, The CCSO checks offenders and predators 4 times
more often than required by Florida law; Sex Offenders quarterly rather than annually and Sexual
Predators are checked monthly rather than quarterly,
Sexual Predator/Offender Unit Goals:
1, Prepare and coordinate monthly public notifications of known sexual predators/offenders to
increase public awareness,
2, Maintain and execute physical address verifications of registered sexual predators/offenders,
3, Maintain comprehensive and accurate files with relative documentation to affect successful
prosecution for ?Failure to Comply with Registration? requirements,
4, Coordinate monitoring of offenders with the Department of Corrections to identify adherence to
State Probation sanctions in addition to Florida Sex Offender obligations,
5, Perform proactive surveillance operations on alleged activity (Le, Stranger-Danger, Lewd &
Lascivious Exhibition complaints) to identify, arrest, and prosecute violators,
6, Develop a database with offender/suspect information to be accessible to patrol and
investigative bureaus on a real-time basis,
Long-term Sexual Predator/Offender Unit goals over the upcoming year include:
1, Streamline CCSO record keeping and documentation for improved tracking and processing of
registered sexual predators/offenders by implementing the use of a web based application,
2, Develop and implement enhanced public awareness programs teaching children to be safer: in
conjunction with the local office of the National Center for Missing and Exploited Children and local
municipalities,
3, Enhance and expand a database to provide accurate and current offender information from
physical contacts, to include biological information, places of residency or employment, vehicles,
and curfews,
4, Work with Department of Corrections and the Circuit Court to continue improving the rate at
which the Court concurs with recommendations for the disposition, detention, release, sanctions or
termination for monitored Offenders,
5, Work with State Probation/Department of Corrections to create uniform supervision requirements
for sex offenders (restrictions and prohibitions while on supervision),
a, This would include creating and enforcing additional computer based restrictions for certain sex
offenders and predators (prohibition in possession of encryption/file hiding software on computers),
6, Work with the Department of Corrections and local judiciary in reducing the number of ?withheld
adjudications? imposed on sex offense cases, and increase durations of probation,
7. Although unfunded during the 2007-2008 Sheriff?s Budget; there remains a need to add an
additional Sexual Predator/Offender Unit Investigator for the purpose of enhanced monitoring of
problematic offenders, for increased enforcement of probation, and to attempt to locate offenders
who have absconded from DOC supervision and State of Florida registration obligations. These
additional Investigative positions will greatly add with the workload,
The provider of services is the Collier County Sheriff?s Office Special Crimes Bureau and
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- --
Section #2 Page 4 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
the Sexual Predator/Offender Unit Investigators, There is not a grant funded service provider for
this program outside of the Collier County Sheriff?s Office, The CCSO member who will provide
services will be a certified Law Enforcement Deputy, The Sexual Predator/Offender Unit
Investigator will monitor offenders who are currently on probation, parole, and/or community
control, as well as released from the care and custody of the Department of Corrections, These
offenders can be identified as being at risk to the public, based upon the crimes in which the
offender committed, coupled with the long-term effects suffered by the victims of sexual offenses,
16J4
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- - -
Section #2 Page 5 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16,J4
General Performance Info:
Performance Reporting Frequency:
Quarterly
Federal Purpose Area: 001 - Law Enforcement Programs
State Purpose Area: 027 - Child Abuse
Activity Description
Activity: Law Enforcement
Target Group: Children
Geographic Area: County-Wide
Location Type: County-Wide
Objectives and Measures
Objective: 027,01 - Investigate a specified number of child abuse cases,
Measure: Part 1
How many child abuse investigations will be initiated?
Goal: 200
Objective: 027,02 - Arrest a specified number of child abuse offenders,
Measure: Part 1
How many child abuse offenders will be arrested?
Goal: 45
Objective: 027,10- Provide education and training on child abuse issues to a specified number
of criminal justice personnel.
Measure: Part 1
How many criminal justice personnel will COMPLETE education and training on
domestic violence issues?
Goal: 200
Objective: 027,11 - Provide information on child abuse to the general public,
Measure: Part 1
Will information on child abuse issues be provided to the general public?
Goal: Yes
Objective: 027,17 - To conduct a specified number of sexual offender residence verifications,
Measure: Part 1
Application Ref #
Contract
200S-JAGC-632
-JAGC-COLL- --
Section #3 Page 1 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16JIJ.
,
How many sexual offender residence verifications will be conducted?
Goal: 800
Objective: 027,18 - To conduct a specified number of sexual predator residence verifications,
Measure: Part 1
How many sexual predator residence verifications will be conducted?
Goal: 150
Application Ref #
Contract
200B-JAGC-632
-JAGC-COLL- - -
Section #3 Page 2 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Section Questions:
Question: If "other" was selected for the geographic area, please describe,
Answer:
Question: If "other" was selected for location type, please describe,
Answer:
Application Ref #
Contract
200B-JAGC-632
-JAGC-COLL- --
Section #3 Page 3 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Monthly
Is the subgrantee a state agency?: No
SAMAS I Vendor Number: 59-6000558
Budget:
Budget Category Federal Match Total
Salaries and Benefits $145,651,00 $0,00 $145,651,00
Contractual Services $0,00 $0,00 $0,00
Expenses $26,038,00 $0,00 $26,038,00
Operating Capital $0,00 $0,00 $0,00
Outlay
Indirect Costs $0,00 $0,00 $0,00
--Totals -- $171,689.00 $0.00 $171,689.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref #
Contract
200S-JAGC-632
-JAGC-COLL- - -
Section #4 Page 1 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16,J it
f,
Budget Narrative:
Salaries and Benefits $145,651:
Regular Salaries (1 position) = $78,996
Incentive = $1,560
FICA@ 7,65% = $6,163
Retirement@ 20,92% thru 6/30/08 & 23,17% thru 7/1/08 = $17,345
Health/Dental Insurance = $13,050
Life/Dism, @ .27% = $213
W/C @5,61% = $4,519
Total Salary and Benefits for 1 position = $121,846
Funds are needed to support payment of the salary and benefits for one Child Abuse/Sexual
Offender/Sexual Predator Project III Certified Deputy who will be dedicated to project activities,
The grant funded Deputy will be solely dedicated to the investigation, apprehension, and
prosecution of sexual offender and sexual predator criminals who are committing crimes against
children under the age of 18, This Deputy is needed to do periodic checks, to monitor and perform
surveillance of sexual offenders/predators, The grant funded position supported with subgrant
funds are in excess of the appropriated positions in the implementing agency at the time of this
JAG Grant. The projected base salary for the grant funded Deputy is $78,996, Benefits are listed
above, A job description is attached, The Deputy will be responsible for performing and
investigating both verifications as required by law as well as surveillance for offenders committing
acts that qualify the individual to be registered, The Deputy would also serve as a liaison with
other law enforcement agencies to identify movements of offenders between jurisdictions who
might not be registered in Collier County, The Deputy would train other agency Deputies on
offender laws and requirements resulting in expanding the potential for apprehension and
prosecution of additional offenders committing crimes against the children of Collier County,
Overtime for other members = $17,768
FICA @ 7,65% = $1,359
Retirement @ 20,92% thru 6/30/08 & 23,17% thru 7/1/08 = $4,117
W/C @5,61% = $561
Total Salary and Benefits for Overtime = $23,805
Due to the number of child abuse/sexual predator/sexual offender cases coupled with the lack of
qualified full time officers to meet the demand for calls and investigations, current members are
needed to work overtime to respond to the need, Overtime Salaries will be for the grant funded
position, other members of the Special Crimes Bureau Deputies, and other Deputies needed to
cover Child Abuse/Sexual Predator/Sexual Offender cases, Overtime benefits include FICA,
retirement and W/C as noted above.
Contractual Services: $ 0
Expenses: $ 26,038
Handheld GPS Units totaling $2,468:
4 GPS Units? Magellan/Explorist 600 @ $350 = $1,400
4 GPS Topographical Maps Disc @ $149 = $596
4 Direct Route Maps Disc @ $99 = $396
4 Carrying Cases @ $19 = $76
Hand held GPS units will be used for the three members of the Special Crimes Bureau who are
being trained as members of the ?Child Abduction Response Team? and by the Sex
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- - -
Section #4 Page 2 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
l6J4
Budget Narrative (Continued):
Offender Unit Investigator, The GPS units will provide readily available maps of any location
where an incident involving a missing or abducted child case is being investigated, in or out of
county, In addition, these GPS units can be used to measure distances between two points
(measuring restrictive distances for sex offenders from residing within 1,000 feet of a park,
playground or school), These units also assist in identifying ?exact? locations in remote areas
where sex crimes occur, such as locations in fields and wooded areas,
Special Crimes Call-Out Polo Shirts totaling $910:
26511 Tactical Polo Shirts@$25 = $650
26 Embroidered Special Crimes Bureau Shirts @ $7,50 = $195
26 Sheriff?s Embroidered Star@ $2,50 = $65
The Special Crimes Bureau routinely conducts presentations to the public, other law enforcement
agencies (in and out of county) talking about on-line safety, child crimes, sexual predators, and
other child safety educational topics, The polo shirts embroidered with a Sheriff?s star, name, and
the ?Special Crimes Bureau? designation can be used for uniformity and to identify our Unit as a
cohesive entity. Presently, there is no uniform polo shirt for Special Crimes, callouts, or
presentations,
Travel/Training totaling $12,420:
Dallas National ?Crimes Against Children? Conference totaling $3,340:
2 Tuitions @ $425 = $850
2 Commercial Travel@$500 = $1,000
2 Per Diem @ $180 = $360
2 Hotel @ $113/night X 5 @ $565 = $1,130
This is the premier child crimes conference in the nation, Two members need to attend this child
abuse investigator conference for updated training, information, and networking, The local Child
Protection Team also sends attendees, so this becomes a multi-disciplinary training session,
Advanced EnCase Training (Jeff Johnson) totaling $3,460:
1 Tuition @$1,995
1 Commercial Travel @ $265
1 Per Diem @ $200
1 Hotel@$1,000
This training program is the next step in the certification training for the Special Crimes Bureau?s
Computer Forensic Examiner. This position analyzes all of our sex crimes computer evidence,
child porn cases, on-line solicitation cases and provides case evidence for many of our bureau?s
child victimization cases,
Basic Computer Forensics (Encase Training) (John Kilpatrick) totaling $3,460:
1 Tuition @ $1,995
1 Commercial Travel @ $265
1 Per Diem @ $200
1 Hotel @ $1,000
This training program is the first step in the certification training for the back-up Examiner for the
Special Crimes Bureau?s Computer Forensic Examiner position, This position analyzes all of our
sex crimes computer evidence, child porn cases, on-line solicitation cases, and provides case
evidence for many of our Bureau?s child victimization cases,
Florida Association of Sex Crimes Investigator Conference (2 members) totaling
$2,400 :
Application Ref #
Contract
200B-JAGC-632
-JAGC-COLL- - -
Section #4 Page 3 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Budget Narrative (Continued):
2 Tuition @ $450 = $900
2 Per Diem @ $100 = $200
2 Hotel @ $400 = $800
This conference is held annually in Florida and brings sex crimes investigators from around the
state for training in key topical areas, This would be for two investigators from the Special Crimes
Bureau to attend.
(Please note that all tuition, per diem, commercial travel, and hotel costs are estimates and costs
will change when details on each training is provided,)
CD Rom Software totaling $10,000:
This is a soft ware CD Rom which can be handed out to parents and participants during Special
Crimes Prevention Programs, The CD allows parents the ability to find out if their child is safe on-
line, With the CD, Computer COP, the parent drops the CD Rom into their child?s computer and
the CD scans for potential offensive images, unsafe chat logs and much more, The CD Rom is
customized with the Sheriff?s message and agency information, 2,500 CD Roms customized with
agency log, jacket, and a video clip of the Sheriff talking about computer on-line safety will cost $4
each totaling $10,000,
Operating Capital Outlay = $0
Indirect Costs = $0
TOTAL = $171,689
? These project costs are not allocated or included as a cost to any other federally financed
program,
? These project costs are necessary and reasonable for proper and efficient project administration
and implementation and NOT a general expense to carry out overall responsibilities,
? These project costs are authorized by Federal or Florida Statues or local laws and regulations
that are in effect at the time the subgrant is awarded,
? These project costs are treated consistently with policies, regulations and procedures that apply
uniformly to other subgrant recipient activities,
? These project costs are net of all applicable credits,
? Federal funds will not be used to supplant State or local funds,
? All project costs will be expended or obligated during the approved subgrant period
? No local cash match,
Application Ref #
Contract
200S-JAGC-632
-JAGC-COLL- - -
Section #4 Page 4 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Section Questions:
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee,
Answer: $1,000,00
Question: If salaries and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel increase. or a continued net personnel
increase from the previous Byrne program?
Answer: Yes
Question: If indirect cost is included in the budget, indicate the basis for the plan (e,g, percent of
salaries and benefits), and provide documentation of the appropriate approval of this
plan,
Answer: N/A
Question: If the budget includes services based on unit costs, provide a definition and cost for
each service as part of the budget narrative for contractual services, Include the
basis for the unit costs and how recently the basis was established or updated,
Answer: N/A
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- --
Section #4 Page 5 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Insert Standard Conditions Page here.
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- --
Section #5 Page 1 of 1
16J4
Edward Syrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Standard Conditions
Conditions of agreement requIring compliance by units of local government (subgrant recipients),
implementing agencies and state agencies upon signed acceptance of the subgrant award appear in
this section, Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding, Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 17 of this section,
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAG)
Program Guidance as well as Florida laws and regulations including the Florida
Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees
to comply with all Federal statutes, regulations, policies, guidelines and requirements,
including OMB Circulars A-21 , A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR,
Part 66, Common Rule and Part 67, Drug-free Workplace.
2. Allowable Costs
a, Allowance for costs incurred under the subgrant shall be determined according to the generai
principles of allowability and standards for selected cost items set forth in the OJP Financial
Guide, U,S. Department of Justice Common Rule for State And Local Governments and
federal OMS Circular A-S7, "Cost Principles for State. Local and Indian Tribal Governments",
or OMS Circular A-21, "Cost Principles for Educational Institutions",
b, All procedures employed in the use of federal funds for any procurement shall be according
to U,S, Department of Justice Common Rule for State and Local Governments, or OMS
Circular A-11 0, or OMS Circular A-1 02, and Florida law to be eligible for reimbursement.
3. Reports
a, Project Performance Reports - JAG Countywide Only
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, by February 1, May 1, August 1, and within forty-five (45) days after the
subgrant termination date, In addition, if the subgrant award period is extended beyond
the "original" project period, additional Quarterly Project Performance Reports shall be
submitted,
Failure to submit Quarterly Performance Reports that are complete, accurate and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions,
(2) Report Contents: Performance reports must include both required sections, the
quantitative response (in response to specific objectives and measures) and the
qualitative narrative, The narrative must reflect on accomplishments for the quarter,
incorporate specific items specified for inclusion in performance measures, and also
identify problems with project implementation and address actions being taken to resolve
the problems,
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
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b. Financial Reports
(1) Project Expenditure Reports
(a) The JAG Countywide subgrant recipient shall have a choice of submitting either a
Monthly or a Quarterly Project Expenditure Report to the Department. Monthly
Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the
reporting period, Quarterly Project Expenditure Reports (1-3) are due thirty-one (31)
days after the end of the reporting period, In addition, if the subgrant award period is
extended, additional Project Expenditure Reports shall be submitted,
(b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for
the entire subgrant period,
(c) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCGJ),
(d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
audit and post-audit.
(e) Before the "final" Project Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditions, Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
(f) Reports are to be submitted even when no reimbursement is being requested,
(2) The Closeout Documentation shall be submitted to the Department within forty-five (45)
days of the subgrant termination period,
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department by February 1, May 1, August 1, and within forty-five (45)
days after the subgrant termination date covering subgrant project generated income and
expenditures during the previous quarter. (See Item 10, Program Income,)
c, Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a, The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures, All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b, All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as
amended), U,S, Department of Justice Common Rule for State and Local Governments, and
federal Office of Management and Budget's (OM B) Circulars A-21, A-S?, and A-ll0, or A-102
as applicable, in their entirety,
c, All tunds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature, Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds,
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period, Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
a, JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent of
the federal award for each project according to Section 216,181 (16)(b), Florida Statutes, the
OJP Financial Guide, and the U,S, Department of Justice Common Rule for State and Local
Governments, Advance funding shall be provided to a subgrant recipient upon a written
request to the Department. This request, shall be either enclosed with the subgrant
application or submitted to the Department prior to the first request for reimbursement.
Justification should address a 30/60/90-day need for cash based on the budgeted activities
for the period,
b, JAG Direct - The Department shall award program funds to the recipient in a single, lump
sum payment.
B. Trust Funds
a, The unit of local government must establish a trust fund in which to deposit JAG funds, The
trust fund mayor may not be an interest bearing account.
b, The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date,
9. Travel and Training
a, All travel expenses relating to field trips with youth requires written approval of the
Department prior to commencement of actual travel.
c, The cost of all travel shall be reimbursed according to local regulations, but not in excess of
provisions in Section 112,061, Florida Statutes,
d, All bills for any travel expenses shall be submitted according to provisions in Section
112,061, Florida Statutes,
10. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the subgrant recipient during the subgrant
period, as a direct result of the subgrant award, Program income shall be handled according to
the OJP Financial Guide and U,S, Department of Justice Common Rule for State and Local
Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts,
Disbursements, and Operation of The Cash Management Improvement Fund),
SFY 2008
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DeJG-OOS (rev, October 200S)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Fiorida Department of Law Enforcement
11. Approval of Consultant Contracts
16J4
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an
eight-hour day, Approval shall be based upon the contract's compliance with requirements found
in the OJP Financial Guide, U,S, Department of Justice Common Rule for State and Local
Governments, and in applicable state statutes, The Department's approval of the subgrant
recipient agreement does not constitute approval of consultant contracts,
12. Property Accountability
a, The subgrant recipient agrees to use all non-expendable property for criminal justice
purposes during its useful life or request Department disposition,
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the OJP Financial Guide, U.S, Department of Justice Common Rule for State and Local
Governrnents or the federal OMB Circular A-110 or A-102, as applicable, This obligation
continues as long as the subgrant recipient retains the property, notwithstanding expiration of
this agreement.
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the OJP Financial Guide (as
amended), and the U,S, Department of Justice Common Rule for State and Local Governments,
or the federal OMB Circular A-11 0 or A-102, as applicable,
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a, The copyright in any work developed under an award or subaward, and
b, Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit one copy of all reports and proposed publications resulting
from the agreement twenty (20) days prior to public release, Any publications (written, visual, or
sound), whether published at the recipient's or government's expense, shall contain the following
statement: (NOTE: This excludes press releases, newsletters, and issue analysis,)
"This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office
of Justice Programs, U,S, Department of Justice, Points of view in this document are those of the
author and do not necessarily represent the official position or policies of the U,S, Department of
Justice,"
16. Audit
a, Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law, The
SFY 2008
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OCJG-005 (rev, October 2005)
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
contract for this agreement shall be identified in The Schedule of Federal Financial
Assistance in the subject audit The contract shall be identified as federal funds passed
through the Florida Department of Law Enforcement and include the contract number, CFDA
number, award amount, contract period, funds received and disbursed, When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of
Sections 11.45 and 215,97, Florida Statutes, and Chapters 10.550 and 10,600, Rules of the
Florida Auditor General.
b, A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period, In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings, Incomplete audit reports will not be accepted by the
Department and will be returned to the subgrant recipient.
c, The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant
d, The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations,
e, The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department
f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OBM Circular A-133 for that fiscal year, In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
g, If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout
h, The completed audit report or notification of non-applicability should be sent to the following
address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part, In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction, The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction,
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
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18. Commencement of Project
a, If a project has not begun within sixty (60) days after acceptance of the subgrant award, the
subgrant recipient shall send a letter to the Department indicating steps to initiate the project,
reason for delay and request a revised project starting date,
b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the
subgrant recipient shall send another letter to the Department, again explaining the reason
for delay and request another revised project starting date,
c, Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgrant funds to other Department approved projects, The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written amendment to this agreement.
19. Excusable Delays
a, Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b, If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order,
c, Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly,
20. Written Approval 01 Changes in this Approved Agreement
Subgrant recipients shall obtain approval from the Department for major substantive changes,
These include, but are not limited to:
a, Changes in project activities, target populations, service providers, implementation
schedules, designs or research plans set forth in the approved agreement;
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
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b, Budget deviations that do not meet the following criterion. That is, a subgrant recipient may
transfer funds between budget categories as long as the total amount of transfer does not
exceed ten (10) percent of the total approved budget and the transfer is made to an approved
budget item; or,
c, Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is
approved by the Department. Transfers do not allow for increasing the quantitative number
of items documented in any approved budget item, Le" increasing the quantity of equipment
items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and
Benefits category,)
d, Under no circumstances can transfers of funds increase the total budgeted award,
21. Disputes and Appeals
a, The Department shall make its decision in writing when responding to any disputes,
disagreements or questions of fact arising under this agreement and shall distribute its
response to all concerned parties, The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision,
b, If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency cierk), The
subgrant recipient's right to appeal the Department's decision is contained in Chapter 120,
Florida Statutes, and in procedures set forth in Rule 28-106,104, Florida Administrative Code,
Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter
120, Florida Statutes,
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a
representative of the Department, of the U,S, Department of Justice, or the Auditor General of the
State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work
performed under this agreement.
23. Access To Records
a, The Department of Law Enforcement, the Auditor General of the State of Florida, the U,S,
Department of Justice, the U,S, Comptroller General or any of their duly authorized
representatives, shall have access to books, documents, papers and records of the subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the OJP Financial Guide (as amended), and the U,S, Department of Justice
Common Rule for State and Local Governments,
b. The Department reserves the right to uniiaterally terminate this agreement if the subgrant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and
made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons,
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16 lJ,
\i '''if
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms, The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority, The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority, The letter must also specify the authority being
delegated,
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department
must be notified in writing with documentation to include appropriate signatures,
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida
Statutes shall apply,
a, All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to Chapter 435, F,S" using the
level 2 standards set forth in that chapter,
b, All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background
investigations shall include, but not be limited to, employment history checks, fingerprinting
for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies,
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed,
(2) Such background investigations shall be conducted at the expense of the employing
agency, When fingerprinting is required, the fingerprints of the employee or applicant
for employment shall be taken by the employing agency or by an authorized law
enforcement officer and submitted to the Department of Law Enforcement for
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
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processing and forwarding, when requested by the employing agency, to the United
States Department of Justice for processing, The employing agency shall reimburse
the Department of Law Enforcement for any costs incurred by it in the processing of the
fingerprints,
29. Drug Court Projects
a, A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements
outlined in the U,S, Department of Justice, Office of Justice Programs, Drug Courts Program
Office, program guidelines "Defining Drug Courts: The Key Components", January 1997, This
document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700.
b, To ensure more effective management and evaluation of drug court programs, the subgrant
recipient agrees that drug court programs funded with this award shall collect and maintain
follow-up data on criminal recidivism and drug use relapse of program participation. The data
collected must be available to U,S, DOJ and FDLE upon request.
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U,S,
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction, The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space,
31. Criminal Intelligence System
a, The purpose of the federal regulation published in 28 CFR Part 23 - Criminai Intelligence
Systems Operating Policies is to assure that subgrant recipients of federal funds for the
principal purpose of operating a criminal intelligence system under the Omnibus Crime
Control and Safe Streets Act of 1968, 42 U,S,C, 3701, et seq" as amended, use those funds
in conformance with the privacy and constitutional rights of individuals,
b, The subgrant recipient and a criminal justice agency that is the implementing agency agree to
certify that they operate a criminal intelligence system in accordance with Sections 802(a)
and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and
comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating
Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance,
Submission of this certification is a prerequisite to entering into this agreement.
c, This certification is a material representation of fact upon which reliance was placed when
this agreement was made, If the subgrant recipient or criminal justice agency operates a
criminal intelligence system and does not meet Act and federal regulation criteria, they must
indicate when they plan to come into compliance, Federal law requires a subgrant-funded
criminal intelligence system project to be in compliance with the Act and federal regulation
prior to the award of federal funds, The subgrant recipient is responsible for the continued
adherence to the regulation governing the operation of the system or faces the loss of federal
funds, The Department's approval of the subgrant recipient agreement does not constitute
approval of the subgrant-funded development or operation of a criminal intelligence system,
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of OJP's Financial Guide is required from all projects that are involved with
confidential funds from either Federal or matching funds, The signed certification must be
submitted at the time of grant application,
SFY 2008
Rule Reference f 10-9,006
Page 9
OCJG-005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
16J4
33. Equal Employment Opportunity (EEO)
a, No person, on the grounds of race, creed, color or national origin shaH be excluded from
participation in, be refused benefits of, or otherwise subjected to discrimination under grants
awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation
Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age
Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28
CFR Part 42, Subparts C, D, E, F, G and H,
b, The subgrant recipient and the implementing agency agree to certify that they either do or do
not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime
Control and Safe Streets Act of 1968, as amended and that they have or have not
formulated, implemented and maintained a current EEO Program, Submission of this
certification is a prerequisite to entering into this agreement. This certification is a material
representation of fact upon which reliance was placed when this agreement was made, If the
subgrant recipient or implementing agency meet Act criteria but have not formulated,
implemented and maintained such a current written EEO Program, they have 120 days after
the date this agreement was made to comply with the Act or face loss of federal funds subject
to the sanctions in the Justice System Improvement Act of 1979, Pub, L. 96-157, 42 U,S,C,
3701, et seq, (Reference Section 803 (a) of the Act, 42 U,S,C, 3783 (a) and 28 CFR Section
42,207 Compliance Information),
c, Any subgrant recipient or implementing agency receiving a single grant award for $500,000
or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month
period in federal funds, must have approval of its EEO Plan by the U,S, DOJ, Office for Civil
Rights (OCR), The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U,S,
DOJ, OCR for approval. The submission shaH be in both paper copy and electronic format. If
the U,S, DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is
not necessary to submit another EEO Plan, Instead, the subgrantee need only send a copy
of its approval letter from the OCR, However, if the EEO Plan approval is more than two
years old, an updated Plan must be submitted,
d, In the event a Federal or State court of 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 wiH forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs,
34. Americans with Disabilities Act
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA),
Public Law 101-336, which prohibits discrimination by public and private entities on the basis of
disability and requires certain accommodations be made with regard to employment (Title I), state
and local government services and transportation (Title II), public accommodations (Title III), and
telecommunications (Title IV),
35. Immigration and Nationality Act
No public funds wiH intentionaHy be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U,S,C, Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"), The
Department shaH consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shaH be grounds for unilateral canceHation of
this contract by the Department.
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Rule Reference 110-9,006
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16J4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
36. National Environmental Policy Act (NEPA)
a, The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal
environmental impact analyses requirements in the use of subgrant funds by the subgrantee,
This applies to the following new activities whether or not they are being specifically funded
with these subgrant funds, That is, it applies as long as the activity is being conducted by the
subgrantee or any third party and the activity needs to be undertaken in order to use these
subgrant funds,
(1 ) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located within a 1 DO-year flood plain;
(3) A renovation, lease, or any other proposed use of a building or facility that will either (a)
result in a change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals
that are (a) purchased as an incidental component of a funded activity and (b)
traditionally used, for example, in office, household, recreational, or educational
environments.
b, For any of a subgrantee's existing programs or activities that will be funded by these
subgrants, the subgrantee, upon specific request from the Department and the U,S,
Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national
or program environmental assessment of that funded program or activity,
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension (34 CFR, Part 85, Section 85,510, Participant's Responsibilities), These procedures
require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction
with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from
participating in this covered transaction, unless authorized by the Department.
38. Federal Restrictions on Lobbying
a, Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal
loan of $150,000 or more,
b, This certification is a material representation of fact upon which reliance was placed when
this agreement was made, Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United
States Code, Any person who fails to file the required certification is subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each failure to file,
c, The undersigned certifies, to the best of his or her knowledge and belief, that:
SFY 2008
Rule Reference f 1 O-g, 006
Page 11
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
(1) No federally appropriated funds have been paid or shall be paid 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 the awarding of any federal loan, the entering into of any
renewal, amendment, or modification of any federal contract, grant, loan or cooperative
agreement.
16JLL
,
(2) If any non-federal funds have been paid or shall be paid to any person for influencing or
attempting to influence 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 the standard form, Disclosure of
Lobbvino Activities, according to its instructions,
(3) The undersigned shall require that the language of this certification be included in award
documents for all subgrant awards at all tiers and that all subgrant recipients shall certify
and disclose accordingly,
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of OJP,
41. "Pay-to-Stay"
Funds from this award may not be used to operate a "pay-to-stay" program in any local jail.
Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs, "Local
jail", as referenced in this condition, means an adult facility or detention center owned and/or
operated by city, county, or municipality, It does not include juvenile detention centers, "Pay-to-
stay" programs as referenced in this condition, means a program by which extraordinary services,
amenities and/or accommodations, not otherwise available to the general inmate population, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction,
42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessmenVimpact statements as required under the National Environmental Policy Act.
a, General Requirement: The subgrantee agrees to comply with Federal, State, and local
environmental, health and safety laws and regulations applicable to the investigation and
closure of clandestine methamphetamine laboratories and the removal and disposal of the
chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories,
b. Specific Requirements: The subgrantee understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
SFY 2008
Rule Reference 1 f O-g, 006
Page f 2
OeJG-OOS (rev, October 2005)
16J4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste form a seized laboratory's operations are placed or come to rest.
Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any of clandestine
methamphetamine operations funded under this award, it will (1) include the nine, below
listed protective measures or components; (2) provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) implement these
protective measures directly throughout the life of the subgrant. in so doing, the subgrantee
understands that it may implement these protective measures directly through the use of its
own resources and staff or may secure the qualified services of other agencies, contractor or
other qualified third party,
(1) Provide medical screening of personnei assigned or to be assigned by the subgrantee to
the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide Occupational Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrantee to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their specific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5) Employ qualified disposal contractors to remove all chemicals and associated
glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5, and 6,
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
(9) Included among the personnel involved in seizing of clandestine methamphetamine
laboratories, or have immediate access to, qualified personnel who can respond to the
potential health needs of any offender(s)' children or other children present or living at
the seized laboratory site, Response actions should include, at a minimum and as
necessary, taking children into protective custody, immediately testing them for
methamphetamine toxicity, and arranging for any necessary follow-up medical tests,
examinations or health care,
SFY 2008
Rule Reference 110-9,006
Page 13
OCJG-005 (rev, October 2005)
16J4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
43. Limited English Proficiency
National origin discrimination includes discrimination on the basis of limited English proficiency
(LEP), To ensure compliance with Title VI and the Safe Streets Act, recipients are required to
take reasonable steps to ensure that LEP persons have meaningful access to their programs,
Meaningful access may entail providing language assistance services, including oral and written
translation when necessary, The U,S, Department of Justice has issued guidance to assist
agencies to comply with Title VI requirements, The guidance document can be accessed on the
Internet at www,lep,gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by
writing to the following address:
Office for Civil Rights
Office of Justice Programs
U,S, Department of Justice
810 Seventh Street NW, Eighth Floor
Washington, DC 20531
44. The Coastal Barrier Resources Act
The subgrantee will comply and assure the compliance of all contractors with the provisions of
the Coastal Barrier Resources Act (P,L. 97-348) dated October 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,
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a, Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken,
b, Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrantee assures that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating
Facilities and that it will notify the Department 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,
47. Flood Disaster Protection Act
The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973,
Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities
where such insurance is available as a condition of the receipt of any federal financial assistance
for construction or acquisition purposes for use in any area that has been identified as an area
having special flood hazards,
48. National Historic Preservation Act
The subgrantee will assist the Department 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) consuliing
SFY 2008
Rule Reference 110-9,006
Page 14
OCJG-005 (rev, October 2005)
16J4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
with the State Historic Preservation Officer 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 Department 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.
49. Omnibus Crime Control and Safe Streets Act
The subgrantee will comply and assure the compliance of all 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 Program Financial and Administrative
Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or
regulations,
50. Public Safety Officers' Health Benefits Provision
The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits
Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act (Pub. L. No, 107-77) and agrees to remain in
compliance during the life of the grant This provision requires that the unit of local government
which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires
or is separated from service due to injury suffered as a direct and proximate result of a personal
injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as
such terms are defined by State law) with the same or better level of health insurance benefits at
the time of retirement or separation as the officer received while employed by the jurisdiction, If
the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award
amount must be returned to the grantor.
51. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C,F,R, part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent
52. Global Justice Data Model Specifications
To support public safety and justice information sharing, OJP requires the grantee to use the
Global Justice Data Model specifications and guidelines for this particular grant Grantee shall
publish and make available without restriction al schemas (extensions, constraint, proxy)
generated as a result of this grant to the component registry as specified in the guidelines, This
information is available at www,itoio,aovlaixdm,
53. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant
(JAG), Compliance with these requirements will be monitored by BJA,
54. Privacy Certification
The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable
to collection, use, and revelation of data or information and that are in accordance with
requirements of Confidentiality of Identifiable Research and Statistical Information (28 C,F,R, Part
22 and, in particular, section 22.23, Privacy Certification),
SFY 2008
Rule Reference 11 D-9,006
Page 15
OCJG-005 (rev, October 2005)
16J4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
If an award is made for a project which has a research or statistical component under which
information identifiable to a private person will be collected, the subgrant recipient agrees to:
1, Project plans will be designed to preserve anonymity of private persons to whom information
relates, including, where appropriate, name-stripping, coding of data, or other similar
procedures,
2, Project findings and reports prepared for dissemination will not contain information which can
reasonably be expected to be identifiable to a private person,
3, A log will be maintained indicating that identifiable data have been transmitted to persons other
than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such
data have been returned, or that alternative arrangements have been agreed upon for future
maintenance of such data,
4, A description of the project containing assurance by the applicant that:
(1) Data identifiable to a private person will not be used or revealed,
(2) Access to data will be limited to those employees having a need and that such persons
shall be advised of and agree in writing to comply with these regulations,
(3) All subcontracts which require access to identifiable data will contain conditions meeting the
requirements,
5, Any private persons from whom identifiable data are collected or obtained, either orally or by
means of written questionnaire, shall be advised that the data will only be used or revealed for
research or statistical purposes and that compliance with requests for information is not
mandatory, Where the notification requirement is to be waived, a justification must be included
in the Privacy Certificate,
6, Describe the precautions that will be taken to insure administrative and physical security of
identifiable data,
SFY 2008
Rule Reference 11 O-g, 006
Page 16
DeJG-OOS (rev, October 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below,
Corrections on this page, Including Strikeovers,
whlteout, etc. are not acceptable.
Signature:
Typed Name and Title:
Date:
Signature:
Coletta, Chairman, Collier County Commission
Date: June 11, 2007
Typed Name of I
Si9~_
Typed Name and
Date: June 6, 2007
.......
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Aill&L3L:;.!.;.~ 'i,"::itC;.l1.ytt?~';;t1'?J'
Section #6 Page 1 of 1
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below,
Corrections on this page, Including Strikeovers,
whlteout, etc. are not acceptable.
Signature:
Typed Name and Title:
Date:
ission
Coletta, Chairman, Collier County Commission
Date:
::~=m~b~d<Oo'h.< -"
Typed Name a~er, Sheriff
Date: June 6, 2007
Sh~riff's Offic~
. ", ~ ~ "" >' ,
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Section #6 Page 1 of 1
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Insert Certifications and Authorizations here.
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- - -
Section #7 Page 1 of 1
16J4 .
CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial Justice Assistance Grant Proaram
IMPLEMENTING AGENCY CERTIFICATION
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to
prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42,301-,308,
Subparts C through H, if they meet the foilowing criteria:
(i) have 50 or more employees; and
(ii) received a total of $25,000 or more in grants or subgrants; and
(Iii) have 3 percent or more minorities in services population (however, if less than 3
percent minorities in service population, an EEOP must still be prepared, but must
focus on employment practices affecting women only).
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control
and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient):
..lL Does meet Act Criteria and does have a current EEO Plan,
_ Does meet Act Criteria and does not have a current EEO Plan,
_ Does not meet Act Criteria, and therefore not required to have an EEO Plan,
_Is Included in the EEO Plan of the Subgrant Recipient.
Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18
month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice
Programs for review,
~Has included a copy of the current approval ietter from the US DOJ,
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
EE federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a
bgran ap' 'on for feder~~ is approved or face loss of federal funds.
.\W'C~
ency Authorized Official
Type Name:
Title: Sheriff
Implementing Agency: Collier County Sheriff '5 Office
Date: June 6, 2007
FDLE JAG Grant Application Packago
Rule Reference 11 D-9.006
EEO Cortlflcatlon
Page 2 of 2
OCJG-007 (Rev, March 2007)
8)
u.:s. lJepartment ot" Justice
Office of Justice Programs
16J4
Office for Civil Rights
Washington, D.C. 20531
July 13, 2006
~~~~rrw~ffi\
~ JUL 1 8 2006 ~
C.C.S.O. FINANCE
Joyce Houran
Grant Coordinator
Collier County Sheriff's Office
3301 Tarniarni Trail East, Bldg. J
Naples, Florida 34112
Re: EEOP for the Collier County Sheriff's Office
Dear Ms. Houran:
The Office for Civil Rights has reviewed and approved the Equal Employment Opportunity Plan (EEOP)
which you submitted in accordance with the provisions of your recent grant award. The plan that you
submitted conforms to the Seven-Step Guide to the Design and Development of an Equal Employment
Opportunity Plan, which is a guide to providing the essential information that the Department of Justice
requires for our initial screening of your EEOP. The Department of Justice regulations for developing a
comprehensive EEOP may be found at 28 CFR 9 42.301 et seq. Your approved plan is effective for two
years from the date of this letter.
If you have any questions regarding this matter, please contact the Office for Civil Rights at
(202) 307-0690.
Sincerely,
lVIM ~.~
Michael 1. Alston, Director
Office for Civil Rights
MLA:deb
16J4-
CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial Justice Assistance Grant Proaram
IMPLEMENTING AGENCY CERTIFICATION
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to
prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42,301-,308,
Subparts C through H, if they meet the following criteria:
(i) have 50 or more employees; and
(ii) received a total of $25,000 or more in grants or subgrants; and
(Hi) have 3 percent or more minorities in services population (however, if less than 3
percent minorities in service population, an EEOP must still be prepared, but must
focus on employment practices affecting women only).
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control
and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient):
..lL Does meet Act Criteria and does have a current EEO Plan,
Does meet Act Criteria and does not have a current EEO Plan,
_ Does not meet Act Criteria, and therefore not required to have an EEO Plan,
_Is Included in the EEO Plan of the Subgrant Recipient.
Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18
month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice
Programs for review.
~Has included a copy of the current approval letter from the US DOJ,
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a
sub 'on for fe eral assistance is approved or face loss of federal funds,
Type Name: Don Hun r
Title: Sheriff
Implementing Agency: Collier County Sheriff's Office
Date: June 6, 2007
FDLE JAG Grant Application Package
Rule Reference 110.9.006
EEO Certification
Page 2 of 2
OCJG,007 (Rev, March 2007)
u.s. Department of Justice
16J4"'tf
Office of Justice Programs
Office for Civil Rights
Washington, D.G. 20531
July 13, 2006
~~<<:;~rrw~ffi\
~ JUL 1 8 2006 ~
c.c.s.a. FINANCE
Joyce Houran
Grant Coordinator
Collier County Sheriffs Office
3301 Tamiami Trail East, Bldg. J
Naples, Florida 34112
Re: EEOP for the Collier County Sheriff's Office
Dear Ms. Houran:
The Office for Civil Rights has reviewed and approved the Equal Employment Opportunity Plan (EEOP)
which you submitted in accordance with the provisions of your recent grant award. The plan that you
submitted conforms to the Seven-Step Guide to the Design and Development of an Equal Employment
Opportunity Plan. which is a guide to providing the essential information that the Department of Justice
requires for our initial screening of your EEOP. The Department of Justice regulations for developing a
comprehensive EEOP may be found at 28 CFR 9 42.301 et seq. Your approved plan is effective for two
years from the date of this letter.
rfyou have any questions regarding this matter, please contact the Office for Civil Rights at
(202) 307-0690.
Sincerely,
1VI'uW ~.~
Michael 1. Alston, Director
Office for Civil Rights
MLA:deb
16J4
CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Proaram
SUBGRANTEE CERTIFICATION
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to
prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42,301-,308,
Subparts C through H, if they meet the following criteria:
(i) have 50 or more employees; and
(ii) received a total of $25,000 or more in grants or subgrants; and
(Hi) have 3 percent or more minorities in services population (however, if less than 3
percent minorities in service population, an EEOP must still be prepared, but must
focus on employment practices affecting women only),
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control
and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient):
~ Does meet Act Criteria and does have a current EEO Plan,
Does meet Act Criteria and does not have a current EEO Plan,
_ Does not meet Act Criteria. and therefore not required to have an EEO Plan,
Recipients that meet criteria (i) and (Hi) above, and receive over $500,000 (or $1 million during and 18
month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice
Programs for review.
~Has included a copy of the current approval letter from the US DOJ.
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
te, implement, and maintain such a Plan within 60 days after a
p roved or face loss of federal1unds,
James Coletta
AnII'I'
~~~
",.",." J. oc
. .." .... . . .. '
. .' ..,; Lr
. es. a5 to, ~.
~,~l~nllt')TI! onl- -
, ,);;<:;: '<:,':,'D 'f.',.
~.:IbW\"CJr~~.
." ~'JiI"'"
Title: Chairman
Subgrant Recipient: Collier Countv Commission
Date: June 11, 2007
FDLE JAG Grant AODllcstlon Package
Rule Reference 11 D-9.006
EEO Certlflcetlon
Page 2 of 2
OCJG-006 (Rev. March 2007)
.,
u.s. Department of Justice
11(, if]J
.... '~, '-'$ -1r
Office of Justice Programs
Office/or Civil Rights
Wa.rhington, D.C. 20531
September] 9,2006
RECE!VED
Joseph L, Giampa
Human Resources
Collier County
3301 E, Tamiami Trail
Naples, FL 34112
HUi,I, ~I\J RE!':nu'lr,'-'o"
.~ . . 'I I. I.,.; '-,./ . ""~!;....v
Re: EEOP for Collier County
Dear Mr. Giampa:
The Office for Civil Rights has reviewed and conditionally approved the Equal Employment Opportunity
Plan (EEOP) which you submitted in accordance with the provisions of your recent grant award, The
plan that you submitted conforms to the Seven-Step Guide to the Design and Developmenr of an Equal
EmpJoyment Opportunity Plan, which is a guide to providing the essential information that the
Department of Justice requires for our initial screening of your EEOP, However, your next submission
must include the required seven race/ethnicity categories in your utilization analysis. Please visit our
web site at www.oio,usdoLgov/ocr. The Department of Justice regulations for developing a
comprehensive EEOP may be found at 28 CFR ~ 42.301 et seq, Your approved plan is effective for two
years from the date of this letter.
If you have any questions regarding this matter, please contact the Office for Civil Rights at
(202) 307-0690,
Sincerely,
~ l0tL-
Michael L. Alston, Director
Office for Civil Rights
MLA:deb
16J4
CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial Justice Assistance Grant Prooram
SUBGRANTEE CERTIFICATION
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to
prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42,301-.308,
Subparts C through H, if they meet the following criteria:
(i) have 50 or more employees; and
(ii) received a total of $25,000 or more in grants or subgrants; and
(iii) have 3 percent or more minorities in services population (however, if less than 3
percent minorities in service population, an EEOP must still be prepared, but must
focus on employment practices affecting women only),
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control
and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient):
...!S- Does meet Act Criteria and does have a current EEO Plan,
Does meet Act Criteria and does not have a current EEO Plan,
_ Does not meet Act Criteria, and therefore not required to have an EEO Plan,
Recipients that meet criteria (I) and (iii) above, and receive over $500,000 (or $1 million during and 18
month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice
Programs for review,
-1L-Has included a copy of the current approval letter from the US DOJ,
,
_ ,( ,~:.'" J ":. .
Type Name: James Coletta
ATTIST . ' . .
~tt: "&d8141k
Title: Chairman
Date: June 11, 2007
AfJi~"'~;'\'1~'~
,~:Tw... ~
'I'.
Subgrant Recipient: Collier Countv Conunission
A..:.;..,......
':"-'j
FatE JAG Grant Application Psckage
Rule Reference 11 D-9.006
EEO Certiflcatlon
Page 2 of 2
OCJG,006 (Rev. March 2007)
~
w
u.s. Department of Justice
16,J4
Office of Justice Programs
Office for Civil Rights
Washington, D.C. 20531
September 19,2006
RECEiV,~'D
Joseph L. Giampa
Human Resources
Coli ier County
3301 E, Tamiami Trail
Naples, FL 34112
l-!UfAAN RESi::UH'
Re: EEOP for Collier County
Dear Mr. Giampa:
The Office for Civil Rights has reviewed and conditionally approved the Equal Employment Opportunity
Plan (EEOP) which you submitted in accordance with the provisions of your recent grant award, The
plan that you submitted conforms to the Seven-Step Guide to the Design and Development of an Equal
Employment Opportunity Plan, wbich is a guide to providing the essential information that the
Department of Justice requires for our initial screening of your EEOP, However, your next submission
must include the required seven race/ethnicity categories in your utilization analysis. Please visit our
web site at www,oio,usdoi.gov/ocr, The Department of Justice regulations for developing a
comprehensive EEOP may be found at 28 CFR ~ 42.30t et seq, Your approved plan is effective for two
years from the date of this letter,
If you have any questions regarding this matter, please contact the Office for Civil Rights at
(202) 307-0690,
Sincerely,
~ ,(,tW-
Michael L. Alston, Director
Office for Civil Rights
MLA:deb
16J4
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial Justice Assistance Grant Proaram
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government,wide Debarment and Suspension (Non-procurement) and
Government,wide Requirements for Drug-Free Workplace (Grants)", The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1, lOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFA Part 69, the applicant certifies that:
(8) 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
making ot any federal grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any lederal
grant or cooperative agreement;
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federai grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form -lll, "Disclosure of lobbying Activities". in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
contracts under grants and cooperative agreements. and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2, DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFA Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFA Part 67. Section 67.510-
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment. declared
ineligible, sentenced to a denial of federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any federal department or
agency;
FDLE JAG Grant Application Package
(b) Have not within a three-year period preceding this application
been convicted of or had a civil judgement 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 a 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;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State. or local) with
commission of any of the offenses enumerated in paragraph (1) (b) of
this certification; and
(d) Have not within a three-year period preceding this application
had one or mora public transactions (Federal, State, or local)
terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
appiication.
3, DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFA Part 67, Subpart F, for grantees, as defined
at 28 CFA Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug-
free workplace by:
(8) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) EstabliShing an on-going drug-free awareness program to inform
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug.free workplace:
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
Lobbying, Debarment, SusDenslon. and Drug~Free WorkDlace Certification
Page 1
16J4
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY
MATTERS; AND DRUG.FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Prooram
(e) Making it a requirement that each employee 10 be engaged in the performance
of the grant be given a copy of the stalement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant. the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing 01 his or her conviction for a violation 01 a
criminal drug statute occurring in the workplace no laler than five calendar days
after the conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
including position titie, to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue, NW., Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
(I) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements 01 the Rehabilitation Act of
1973, as amended; or
(2) Requiring such employee to participate satisfactoriiy in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
B. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check here _ If there are workplaces on file that are not identified
here.
Section 67.630 of the regulations provides that a grantee that is a
State may eiect to make one certification in each Federal fiscal year.
A copy of which should be included with each application for
Department of Justice funding. States and State agencies may elect
to use OJP Form 4061/7.
Check here _ If the State has elected to complete OJP Form
4061/7.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE 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-
A. As a condition of the grant, I certify that I will not engage in the
unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance in conducting any activity with the grant; and
B. If convicted of a criminal drug offense resulting from a violation
occurring during the conduct of any grant activity, I will report the
conviction, in writing, within 10 calendar days of the conviction, to:
Department of Justice, Office of Justice Programs, A TTN: Control
Desk, 633 Indiana Avenue, NW., Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1, Grantee Name and Address: Collier County Commission - 3301 Tamiami Trail East
Building F, Naples, Florida 34112
2, Project Name:
Child Abuse/Sexual Offender/Sexual Predator
3,
'"
5, Date: June 11, 2007
Apl11~.;f:gJ<jj; ....' " ,
~ ~~
,'~
--l~" .. , "" ,," ..,,-_.-
_Aa&iis~1.jH C~~";"Hl.f :\.tl;I..'t';~f'.V
Lobb In Debarment Sus nslon and Oru -Free Work lace Certification
Page 2
16J4
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY
MATTERS; AND DRUG.FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial Justice Assistance Grant Proaram
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG.FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certitication to which they are required to
attest. Applicants should also review the instructions for cert~ication included in the regulations before completing this
form, Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and
Government-wide Requirements for Drug-Free Workplace (Grants)", The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1, LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000. as defined at 28 CFR Part 69, the applicant certifJes that:
(8) No lederal 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
making of any federal grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement;
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form - LLL, "Disclosure of Lobbying Activities., in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (Including subgrants,
contracts under grants and cooperative agreements, and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants In primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510-
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any federal department or
agency;
FDtE JAG Grant ApplIcatIon Package
(b) Have not within a three-year period preceding this application
been convicted of or had a civil judgement rendered against them for
commission of fraud ora criminal offense in connection with
obtaining, attempting to obtain, or performing a pUblic (Federal, State,
or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezziement,
theft forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
(e) Are not presently indicted for or otherwise criminally or civiily
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (1) (b) of
this certification; and
(d) Have not within a three-year period preceding this application
had one or more public transactions (Federal, State, or local)
terminated for cause or defaUlt; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
application.
3, 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
at2S CFR Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug-
free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance Is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any availabie drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
LobbyIng, Debarment , SuspensIon, and Drug-Free Workplace CertificatIon
Page 1
16J4
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Prooram
(el Making it a requirement that each employee 10 be engaged in the performance
of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after the conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving nolice
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
including position title, to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice
shall include the identification number{s) of each affected grant;
(I) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
(2) ReqUiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (t).
e, The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check here _ If there are workplaces on file that are not identified
here.
Section 67.630 of the regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal year.
A copy of which should be included with each application for
Department of Justice funding. States and State agencies may elect
to use OJP Form 4061/7.
Check here _ If the State has elected to complete OJP Form
4061fl.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIOUALS)
As required by the Drug-Free Workplace Act of 19BB, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant, I certify that I will not engage in the
unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance in conducting any activity with the grant; and
B. If convicted of a criminai drug offense resulting from a violation
occurring during the conduct of any grant activity, I will report the
conviction, in writing, withln 10 calendar days of the conviction, to:
Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 633 Indiana Avenue, NW., Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1, Grantee Name and Address: Collier County Commission - 3301 Tamiami Trail East
Building F, Naples, Florida 34112
2, Project Name: Child Abuse/Sexual Offender/Sexual Predator
Coletta
~
5. Date: June 11, 2007
~ . ,;' .,,'.,.. j,'..- ..,..
J\pln'/\(!"':'~ f.;~ ~" 1'~, l,' ,'.'- ,.
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A.8Ai~t:].'j::t (\;t',;!t\;-i'.ti~,: "-:"!'l}
!;'1~
1.\:
Lobbying, Debarment. SUsP8ns/on. and Drug-Free Workplace Certification
Psg. 2
,I',
PlJ~o/~~ ~own/jj ~~
3301 East Tamiami Trail' Naples. Fiorida 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
June 11, 2007
Mr. Clayton Wilder
Community Program Administrator
Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
Re: Collier County Fiscal Year 2008 Byrne Grant
Compliance\Florida Rule 9B-61.003(4) (d), F.A.C,
Dear Mr. Wilder:
In compliance with State of Florida Rule II D-9, F.A.C., the Collier County Board of
County Commissioners approves distribution of the $171,689 total allocation of Federal Fiscal
Year 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds for the
Collier County Sheriffs Office fiscal year 2008 Child Abuse/Sexual Offender/Sexual Predator
Project III. On May 22, 2007 the Board approved the distribution for the following Collier
County fiscal year 2008 project within Collier County:
SUB GRANTEE
TITLE OF PROJECT
DOLLAR AMOUNT
Collier County
Child Abuse/Sexual Offender/
Sexual Predator Project III
$171,689
w~
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r:';i,~)E
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16J4
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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
June 11,2007
Mr. Clayton Wilder
Community Program Administrator
Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
Re: Collier County Fiscal Year 2008 Byrne Grant
Compliance\Florida Rule 9B-61.003(4) (d), F.A.C,
Dear Mr. Wilder:
In compliance with State of Florida Rule II D-9, F.A.C" the Collier County Board of
County Commissioners approves distribution of the $171,689 total allocation of Federal Fiscal
Year 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds for the
Collier County Sheriffs Office fiscal year 2008 Child Abuse/Sexual Offender/Sexual Predator
Project III, On May 22, 2007 the Board approved the distribution for the following Collier
County fiscal year 2008 project within Collier County:
SUB GRANTEE
TITLE OF PROJECT
DOLLAR AMOUNT
Collier County
Child Abuse/Sexual Offender/
Sexual Predator Project III
$171,689
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DON HUNTER -COLLIER COUNTY
3301 Ti'lrn!dmi Tr;}11 EaSl, BldO - J, Naples. FL 34112.4902
12:)9) 774-.1434 'Nwwcollinr:;h,!l'ijf .J1'9
INTEROFFICE MEMORANDUM
To: Sue Filson
Executive Manager
Date: September 12, 2007
From: Joyce Houran
Grants Coordinator
Re: Byrne Grants
Certificates of Acceptance of Sub grant Awards
Sue, attached please a Byrne Formula Grant Program Certificate of Acceptance of
Subgrant Awards.
Board Chairman James Coletta's signature (in blue ink) is needed to officially accept the
award.
The Certificates have been reviewed by Attorney Tom Palmer and the grant item was on
the,1:f 22,2007 Agenda - Item 16 J.4 (copy attached).
Please call me at 793-9346 when the Certificate has been signed and are ready to be
picked up and taken to Records.
Thank You,
Enclosures (1)
Jh/casf2008
'The duty of the Collier County Sheriff"s Office IS to preserve and protect
the lives, property and constitutional guarantees ot all persons."
~
_t!t~
16J4
CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial Justice Assistance Grant Proaram
SUBGRANTEE CERTIFICATION
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to
prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308,
Subparts C through H, if they meet the following criteria:
(i) have 50 or more employees; and
(ii) received a total of $25,000 or more in grants or subgrants; and
(iii) have 3 percent or more minorities in senvices population (however, if less than 3
percent minorities in senvice population, an EEOP must still be prepared, but must
focus on employment practices affecting women only).
I, the undersigned authorized otficial, certify that according to Section 501 of the Omnibus Crime Control
and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient):
....!... Does meet Act Criteria and does have a current EEO Plan.
Does meet Act Criteria and does not have a current EEO Plan.
_ Does not meet Act Criteria, and therefore not required to have an EEO Plan.
Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18
month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice
Programs for review.
~Has included a copy of the current approval letter from the US DOJ.
e Authorized Official
ATl'I8T
~
~.[lcl~ '~
: ,e. ','1'; 0 ,~I,
i\;p",.S1'J;Mtureor.l. -
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':"'""o,..Ww.. \~,:n: ...,....... '..
-'......".;,; .f\':~" ; , .. .':- :
James Coletta
Title: Chairman
Subgrant Recipient: Collier Countv Commission
Date: June 11, 2007
FDtE JAG Grant ApDllcatlon Package
Rule Reference 110-9.006
EEO Certification
Page2of2
OCJG-006 (Rev. March 2007)
16~J4
....
"
CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Proaram
IMPLEMENTING AGENCY CERTIFICATION
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to
prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308,
Subparts C through H, if they meet the following criteria:
(i) have 50 or more employees; and
(ii) received a total of $25,000 or more in grants or subgrants; and
(iii) have 3 percent or more minorities in senvices population (however, if less than 3
percent minorities in senvice population, an EEOP must still be prepared, but must
focus on employment practices affecting women only).
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control
and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient):
..lL Does meet Act Criteria and does have a current EEO Plan.
Does meet Act Criteria and does not have a current EEO Plan.
_ Does not meet Act Criteria, and therefore not required to have an EEO Plan.
_Is Included in the EEO Plan of the Subgrant Recipient.
Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18
month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice
Programs for review.
~Has included a copy of the current approval letter from the US DOJ.
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
E~ federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a
bgran ap' 'on for fede~ approved or face loss of federal funds.
ency Authorized Official
Type Name: Don Hunt
Title: Sheriff
Implementing Agency: Collier County Sheriff's Office
Date: June 6, 2007
FDLE JAG Grant Application Package
EEO Certification
Page 2 of 2
OCJG-Q07 (Rev. March 2007)
Rule Reference 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below,
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
(tj~.L. -1-/. td.Jj~
Typed Name and Title:
Signature:
Date:
g-31-47
'~~i',~::? -"': i::<(U~Orkl!lgS~~~1~'
, (CommlSllIQrl Cha1rn1l1ri.Mayor,
, I'
/ ,
Typed Name of Subgrant (/ Co'
-, /
Signature: /
Typed Name and
ission
s'Coletta, Chairman, Collier County Commission
Date:
~:::S~f~:::::
Date: June 6, 2007
County Sheriff's Office
AT'l'IS'l' '
~~k
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s 9"'t~l'a~iaa%.r #.. ' 2008-JAGC-632
e~n'tiact -JAGC-COLL- --
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Section #6 Page 1 of 1
16J4
ITEM NO:
FILE NO. : O? ' Sf('::' a;o 5.3
ROUTED TO:
DATE RECEIVED:
.,.."l
~?-,
REQUEST FOR LEGAL SERVICES
(Please type or print)
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DO NOT WRITE ABOVE THIS SPACE
Date: September 10, 2007
To:
Office of the County Attornev, Attention:
Thomas Palmer, Eso.
From:
Jean
Mvers :J /Jh-, a. ('11~
(Name)
Actinq Finance Director
(Title)
Sheriff's Office
(Division)
Finance Division
(Department)
Re: Edward Bvrne Memorial Justice Assistance Grants:
Child Abuse/Sexual Offender/Sexual Predator proiect III
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be soecific, concise. and articulate).
On May 22, 2007 the BCC approved Agenda Item l6(J) (4) and agreed to be the
coordinating unit of government for the fiscal year 2007/2008 Edward Byrne
Memorial Justice Assistance Grant Program, approve the Sheriff as the
official applicant, grant program, and financial manager, and authorize the
Board Chairman to execute the Certification of Participation for funding,
approve the Sheriff's Office grant applications, authorize acceptance of
awards, and approve associated budget amendments. The Sheriff's Office
received the Child Abuse/Sexual Offender/Sexual Predator Project III grant
award. The Certificate of Acceptance of Subgrant Award needs to be signed by
the Board Chairman.
(Are there documents or other information needed to review this matter? If
this information). Yes - RLS 07-SHF-00046 and 07-SHF-00049 and
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
(If previously submitted, provide County Attorney's Office file number.)
yes, attach and reference
award documents
Legal approval of documents.
tC
1tP IJ
,~
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<1\
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
OTHER COMMENTS:
c: Don Hunter, Sheriff
All requests must be copied to your appropriate Division Head
or Constitutional Officer.
jh/a:lecdacceptanceOB
ITEM NO: DATE RECEIVED:
FILE NO.: 7 'S"f Ii <d
ROUTED TO: 0 - /1, ~ vOG {l.t!J
-----~---------------------------------------~T~~~~-8iJ~~-~------A-?------
00 NOT WRITE ABOVE THJ:S SPACE V\....
REQUEST FOR LEGAL SERVICES ~.p
{Pl.... ''''''' or prin" f'j V
t --..
.. j.~;:" ~Jl ,\ lL.__
, ,,~- RN' \
\:6u~n'Y ,lIJ\Oi c,
16J4
,{ ';~
,
Date: May 7. 2007
To:
Office of the County Attorney Attention:
Thomas Palmer, Esa.
From: Carol Goli htl
(Name)
Sheriff's Office
(Division)
Finance Director
(Title)
Finance Division
(Department)
Re: Justice Assistance Grant (JAG) Proaram
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describl!l problem and give background information - be ~, ~. I!I.Dd arl::i""',late).
Fiscal year 2007/2008 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program
(formerly Anti-Drug Abuse Grants Program) funding has been allocated to Collier
County by the Florida Department of Law Enforcement. Board approval is requested by
the Sheriff's Office to:
1. Seek appointment of the Collier County Commission as the coordinating unit of
government for fiscal year 2007/2008 Edward Byrne Memorial, Justice Assistance
Grant (JAG) Program funds and execute the Certification of Participation.
2. Approve the Sheriff as the chief official applicant: the CCSO Finance Director
as the grants' chief financial manager, and the CCSO Grant Coordinator as the
grants' contact person. ,
3. Approve Sheriff's Office fiscal year 2007-2008 Edward Byrne Memorial, Justice
Assistance Grant (JAG) Program application when completed.
4. Approve acceptance of awards and associated budget documents.
(Are there documents or other information needed to review this matter? :If yes, attach and reference
this information). Yes ~ Executive SU:mmary and Certificate of Participation
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
(I.f previOlally su1:mitte4, provide County Attorney's Office tile nWllber.)
ACTION REQUESTED:
(Be very specific:. Identify exactly wbat you need in the way of legal service..)
Legal approval of request.
OTHER COMMENTS:
C: Don Hunter, Sheriff
All requests must :be copied to your appropriate Division Head
or Constitutional Officer.)
jh/le eertofp&rt07
~beriff
16J4
"-~'
DON HUNTER . COLLIER COUNTY
3301 Tamiami Trail East, Bldg - J, Naples, FL 34112-4902
(239) 774-4434 www.colliersheriff.org
INTEROFFICE MEMORANDUM
To: Sue Filson
Executive Manager
Date: June 8, 2007
From: Joyce Houran
Grant Coordinator
Re: May 22, 2007
Agenda Item 16J(4)
Sue, attached please find a copy of the referenced Executive Summary along with grant
documents that need to be signed in blue ink by Board Chairman Coletta.
Please call me at 793-9346 when these documents are ready to be picked up and taken to
Minutes and Records.
Thank you,
\llt~_cdul4~
J
Enclosure
jhlsqm:f![
"The duty of the Collier County Sheriff's Office is to preserve and protect [I]
the lives, property and constitutional guarantees of all persons."
)" ~~
CeRTIFICATE OF PARTICIPATI,-.~
16J4
I~
'j'
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Date: May 22, 2007
Mr. Clayton H. Wilder
Adm inistrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Mr. Wilder:
~
This is to inform you that the Board of County Commissioners Accepts ~
Declines _ the invitation to serve as the coordinating unit ofgoverninent in the Florida
Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant
(JAG) Program.
For purposes of coordinating the preparation of our application(s) for grant funds with
the Office of Criminal Justice Grants, we have designated the following person: .
Name: Joyce Houran
Title: Grants Coordinator
E-mail address:qrants@colliersheriff.net
Agency: Collier County Sheriff's Office
Address: 330l Tamiami Trail. East, Blda. J-l. Naoles, Fl. 34112
Telephone: ?'lQ-7Q'l-Q'l4n
Date: May 22, 2007
County: (',..,11 ; ",..
Sinc~re"IY'~, ',4f Ala...
IJIW rrll'~~
c .. .~. "" '. .(./
'.'-~~'; ".;1~~~."1 'J}" ~f':,
Chair, Board of County Commissioners '",,' ~_ .~~,,' -<c ,runlJtr
'c A\."'IS.yl, . . "
~ ,...'fl~;~
A..r-::;..to~rt~ll~'J":"~ J:"'~'g,,:. -..f' ,
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,a"'-IDU.:OIU1Q A~
AGeNOA TAANSMm'At. SUP I
,)
Commissioner General
(16) Consent Agenda
Reviewed by:
Date:
County Manager:
Date:
oriall Justice Assistance Grant
List of Documents Attached:
1. Executive Summary (required)
3.
5.
2. Certificate of Participation
4.
/ fo -Y- if
5/22./07
16J4
,
I
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING
UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S FISCAL YEAR 2008
EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND DESIGNATE THE
SHERIFF AS THE OFFICIAL APPLICANT, SHERIFF'S OFFICE STAFF AS GRANT FINANCIAL AND PROGRAM
MANAGERS, APPROVE THE GRANT APPLICATION WHEN COMPLETED, AND AUTHORIZE ACCEPTANCE
OF AWARDS AND ASSOCIATED BUDGET AMENDMENTS.
OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application
for the fiscal year 2008 EdwardByme Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff
as the official applicant, Sheriffs Office staff as grant financial and program managers, approve the grant application
when completed, and authorize acceptance of awards and associated budget amendments.
CONSIDERATIONS:
1. The Collier County Commission has participated in valuable Edward Byrne Memorial projects for 18 years. The
Collier County fiscal year 2008 JAG Program allocation is $171,689.
2. The Sheriffs Office will seek continuing grants funds for fourth year payroll costs and miscellaneous expenses
tofaling $171,689 for the Child Abuse/Sexual Predator Program.
3. Continued grant funds will be sought for fiscal year 2009. Should fiscal year 2009 grant funds not be available, the
projected cost for the position coming off of the grant is $120,500.
4. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator,
approve the Sheriff as the official applicant, the CCSO Rnance Director as the grants' chief financial manager,
the CCSO Grants Coordinator as the grant contact person and grant program manager; approve the Sheriff's
Office's fiscal year 2008 grant application when compieted, and to authorize acceptance of the awards and
associated budget amendments.
FISCAL IMPACT: None. No required match.
GROWTH MANAGEMENT: None.
RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government
for the 2007/2008 Edward Byme Memorial, Justice Assistance Grant (JAG) Program local application, approve the
Sheriff as the official applicant, approve the CCSO Finance Director as the grants' chief financial manager and the
CCSO Grants Coordinator as the grant contact person and grant program manager, authorize the Board Chairman to
execute the Certification of Participation for 19th year funding, approve the Sheriffs Office fiscal year 2007/2008
grant application when completed, and authorize acceptance of the award and approve associated budget
amendments.
PREPARED BY:
DATE:
~ JUIFICATE OFPARTICIPAT "~
16J4
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Date: May 22, 2007
Mr. Clayton H. Wilder
Administrator
Office of Criminal Justice Grants
Florida Department of LaW Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Mr. Wilder:
~
This is to inform you that the Board of County Commissioners Accepts ....!...
Declines _ the invitation to serve as the coordinating unit of-government in the Florida
Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant
(JAG) Program.
For purposes of coordinating the preparation of our application(s) for grant funds with
the Office'of Criminal Justice Grants, we have designated the following person: .
Name: Joyce Houran
Title: 'Grants Coordinator
E-mail address:qrants@colliersheriff.net
Agency: Collier County Sheriff's Office
Address: 330l Tamiami Trail' EaSt, Bldq. Q-l, Nacles, FI. 34112
Telephone: ',0-70,-0,41';
Date: May 22, 2007
County: r" 11 ; ..,..
Sincerely,
Chair, Board of County Commissioners
AaQ81
.~I."" --
If:
AP~J~~moY
~t Count1 Attorney
16J4'
I';~I(
FDLE
Florida Department of Office of Criminal Justice Grants
Law Enforcement Post Office Box 1489
Tallahassee, Florida 32302-1489
Gerald M. Bailey (850) 617-1250
Commissioner www.fdle.state.fI.us
Charlie Crist, Governor
Bill McCollum, Attorney General
Alex Sink, Chief Financial Officer
Charles H. Bronson, Commissioner of Agriculture
AUG 3 1 2007
The Honorable James Coletta
Chairman
Collier County Board of Commissioners
3301 Tamiami Trail East
Building F
Naples, FL 34112-4902
Re: Contract No. 2008-JAGC-COLL-1-Q9-170
Dear Chairman Coletta:
The Florida Department of Law Enforcement is pleased to award an Edward Byrne
Memorial Justice Assistance Grant to your unit of government in the amount of
$ 171.689.00 for the project entitled, CHILD ABUSE/SEXUAL OFFENDER/SEXUAL
PREDATOR PROJ.III. These funds shall be utilized for the purpose of reducing crime
and irnproving pUblic safety.
A copy of the approved subgrant application with the referenced contract number is
enclosed for your file. All correspondence with the Department should always refer to
the project number and title.
Your attention is directed to the Standard Conditions of the subgrant. Changes were
rnade to these conditions after your application was received in this office. Therefore,
these Standard Conditions should be reviewed carefully by those persons responsible
for project adrninistration to avoid delays in project completion and costs
reimbursements.
The enclosed Certification of Acceptance should be completed and returned to the
Department within 30 calendar days from the date of award. This certificate constitutes
official acceptance of the award and must be received by the Department prior to the
reimbursement of any project expenditures.
Committed to
Senvice . Integrity. Respect. Quality
16J4'
The Honorable James Coletta
Page Two
We look forward to working with you on this project. If we can be of further assistance,
please contact Janice Parish at 850/617-1250.
Sincerely,
Qph1iiJ.~
Clayto~ H. Wilder
Administrator
CHWIJPlth
Enclosures
DO NOT WRITE ABOVE THIS SPACE
ITEM NO:
FILE NO. :
ROUTED TO:
07-- s II F - {)OO~iECEIVE[
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date:
June 6, 2007
To:
Office of the County Attorney, Attention:
Thomas Palmer, Eso.
Sheriff's Office
(Division)
~~6
Finance Director
(Title)
From: Carol Goliohtly
(Name)
Finance Division
(Department)
Re: 2007/2008 Edward Bvrne Memorial, Justice Assistance Grant (JAG) Prooram
Grant Application
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be soecific, concise, and articulate) .
On May 22, 2007 the BCC approved Agenda Item l6J(4)and agreed to be the
coordinating unit of government for Fiscal year 200712008 Edward Byrne
Memorial, Justice Assistance Grant (JAG) Program local application, approve
the Sheriff as the official applicant, approve the CCSO Finance Director as
the grants' chief financial manager and the CCSO Grants Coordinator as the
grant contact person and grant program manager, authorize the Board Chairman
to ,execute the Certification of Participation for 19~ year funding, approve
the Sheriff's Office fiscal year 2007/2008 grant application when completed,
and authorize acceptance of the award and approve associated budget
amendrnen t s .
The Sheriff's Office fiscal year 2007/2008 application is attached for your
review so Chairman Coletta can sign applicable grant documents. The
application is seeking continued funding for the Child Abuse/Sexual
Offender/Sexual Predator Project.
(Are there documents or other information needed to review this matter? If yes, attach and reference
this information). Yes, May 22, 2007 Agenda Item 16J(4) - copy attached_
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. RLS # 07-SHF-00046
(If previously submitted, provide County Attorney's Office file number.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
Legal approval of documents.
OTHER COMMENTS:
C: Don Hunter, Sheriff
All requests must be copied to your appropriate Division Head
or Constitutional Officer.
jh/a:le0708application
'~, ~
16J4
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida ,32308
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and
acceptance of subgrant award number 2008-JAGC-COLL-1-Q9-170, in the amount
of $ 171,689.00, for a project entitled, CHILD ABUSE/SEXUAL OFFENDER/SEXUAL
PREDATOR PROJ.III, for the period of 10/01/2007 through 09/30/2008, to be
implemented in accordance with the approved subgrant application, and subject to
the Florida Department of Law Enforcement's Standard Conditions and any special
conditions governing this subgrant
(Signature of Subgrantee's Authorized Official)
James Coletta, Chainnan, Collier County Ccmnission
(Typed Name and Title of Official)
'",
Au';!'" " "
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"If: '~.. ,~a.L'
At.'a, to, 11rMA'
11 gnatun 0111,
AlljII'<f!f.'I~;:"'~'\Jnf,j~'lt,:,
----L -'
AIld"'v.at ~tlM.t.or~1
Rule Reference 110-9.006 OCJG-012 (Rev. October 2005)
16J4
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: Collier County Board of Commissioners
Date of Award: ~- 31-"
Grant Period: From: 10/01/2007 TO: 09/30/2008
Project Title: CHILD ABUSE/SEXUAL OFFENDER/SEXUAL PREDATOR PROJ.III
Grant Number: 2008-JAGC-COLL-1-Q9-170
Federal Funds: $ 171,689.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 171,689.00
State Purpose Area: 027: Child Abuse
CFDA Number: 16.738
Award is hereby made in the arnount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 10,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A-11 0 or A-1 02, as applicable, and A-21, in their entirety. It is
also subject to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the purposes and
authorization of P.L. 90-351, as amended, and P.L. 100-690.
16J4,
SUBGRANT AWARD CERTIFICATE (CONTINUED)
This grant shall become effective on the beginning date of the grant period provided
that within 30 days from the date of award, a properly executed Certificate of
Acceptance of Subgrant Award is returned to the Department.
02....1 II. ~
Authorized ~
Clayton H. Wilder
Adrninistrator
'i-3/- 07
Date
( ) This award is subject to special conditions (attached).
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Subgrant Recipient
Organization Name:
County:
Chief Official
Name: James Coletta
Title: Chairman Board of County Commissioners
Address: 3301 Tamiami Trail East
Building F
Naples
FL
239-774-8097
239-774-3602
Chief Financial Officer
Name: Crystal Kinzel
Title: Finance Director, Deputy Clerk
Address: 3301 Tamiami Trial East
Court Plaza 111/2
Naples
FL
239-77 4-8075
239-774-6179
City:
State:
Phone:
Fax:
Suncom:
Email:
City:
State:
Phone:
Fax:
Suncom:
Email:
Collier County Board of Commissioners
Collier
Zip:
Ext:
34112-4902
grants@colliersheriff,net
Zip:
Ext:
34112
Crystal, Kinzel@clerk.collier.ft.us
Application Ref #
Contract
2008-JAGC-632
2008.JAGC-COLL'I-Q9-170
Section #1 Page 1 of 2
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
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Application for Funding Assistance
Florida Departrnent of Law Enforcement
Justice Assistance Grant - County-wide
~"""" ""."!1'!1_"" ':, , <.',,' ",}i;~
~-----. ~~
Implementing Agency
Organization Name:
County:
Project Director
Name: Joyce Houran
Title: Grant Coordinator
Address: 3301 Tamiami Trail East
Building J-1, Finance Division
Naples
FL
239-793-9346
239-793-9705
Chief Official
Name:
Title:
Add ress:
City:
State:
Phone:
Fax:
Suncom:
Email:
City:
State:
Phone:
Fax:
Suncom:
Email:
Collier County Sheriffs Office
Collier
Don Hunter
Sheriff
3301 Tamiami Trail East,
Building J
Naples
FL Zip: 34112
239-793-9346 Ext:
239-793-9405
grants@colliersheriff.net
Zip:
Ex!:
34112
grants@colliersheriff.net
Application Ref #
Contract
2008-JAGC-632
2008-JAGC-COLL-l-Q9-170
Section #1 Page 2 of 2
Rule Reference 110-9.006 OCJG-OD5 (rev_ April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
General Project Information
Project Title: CHILD ABUSE/SEXUAL OFFENDER/SEXUAL PREDATOR PROJ.II
Project Sequence No: 1
Subgrant Recipient: Collier County Board of Commissioners
Implementing Agency: Collier County Sheriffs Office
Project Start Date: 10/1/2007 End Date: 9/30/2008
Problem Identification
The specific problem to which this project is responding is the safety of all Collier County residents,
primarily children under the age of eighteen (18); from registered sexual predators/sexual
offenders and from sexual offenses by yet unknown criminal offenders, Urban Collier County is
the second fastest growing area in the nation, the largest county (2,025 square miles) in the State
of Florida, home to approximately 326,658 year round residents (an increase from 306,186 in
2005), and a travel destination for more than 1,3 million tourists every year, This rapid growth
brings persons from every walk-of-life; including undesirable criminal offenders. The transient
nature of sexual predators and sexual offenders also has increased the known population of
?registered? offenders/predators and the number of undocumented out-of-state sex offenders and
predators. The increasing population also impacts the increased and proportional accompanying
crimes against children. Under Florida Statute, while all sexual predators constitute ?sexual
offenders?, not all sexual offenders constitute ?sexual predators? The Legislature finds that
sexual predators and sex offenders who have committed their offenses against minors often pose
a higher risk of engaging in sex offenses, even after being released from incarceration or
commitment. Since an offender presents a high level of threat to public safety, coupled with the
long-term effects suffered by victims of sex offenses, the State is provided with sufficient
justification to implement specific strategies to protect all citizens from sexual offenders. For
victims, of all ages, sex offenders and sexual predators look for opportunities that would take
advantage of their victim?s vulnerable state, While adults may have the ability to prevent being
placed in these types of situations, our children, by nature, are extremely susceptible and need
additional protection to keep them from harm?s way. The Florida Department of Law Enforcement
(FDLE) acknowledges that all ages are exposed to victimization by sex offenders and sexual
predators, and, because sex offenders/predators have specific behaviors they generally display,
FDLE has implemented guidelines to address ways to help prevent future victimization. With
regards to sexual predators, local law enforcement must inform the community of the predator?s
presence within 48 hours of being notified by FDLE. While law enforcement is not mandated to
notify the community on sex offenders, police chiefs and sheriffs may release information on sex
offenders, and notify the public of that information at their discretion. Current law requires county
and local law enforcement, in conjunction with FDLE, to verify the address of sexual offenders and
predators not under the supenvision of the DOC for qualifying sex offenses, The law requires that
at a minimum, law enforcement must verify sexual predator addresses quarterly and sexual
offender addresses annually, Inaccurate offender and predator address information could
jeopardize the safety of innocent children who currently reside in these communities, as well as
lending a false sense of security to the public. These errors also mean that sexual offenders have
moved without notifying law enforcement of their whereabouts, further jeopardizing the safety of
the community, specifically other innocent children, With FDLE maintaining the state database for
registered sex offender/predators, and verifying addresses via mail-drops, the Collier County
Sheriff?s Office (CCSO) is tasked with conducting physical checks of an
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- - -
Section #2 Page 1 of 5
16J4
Application for Funding Assistance
Florida Departrnent of Law Enforcernent
Justice Assistance Grant - County-wide
offender?s residential status. Although in May 2007 there were 243 registered sexual offenders
and 16 sexual predators registered in Collier County, the CCSO has routinely encountered other
citizens (out of area sex offenders) within the County who have either failed to register, or have not
been specifically designated by the court as a sex offender, Current strategies for tracking and
monitoring sex offenders and predators are based on those that are ?documented? from prior
arrests, However, as with many offenses there are offenders who have yet to have been arrested
and identified residing in our county, Statistics have shown that many sex offenders commit 100-
150 sex related offenses before being apprehended. The CCSO desires to maintain a progressive
and proactive response, pursuing as yet to be identified offenders and reducing recidivism of
currently identified sex offenders, The CCSO?s specialized detective bureau designated to be
responsible for all reported crimes against children, missing children, sexual battery (adults and
children) and the Sexual Offender/Predator Grant funded position is the ?Special Crimes Bureau?;
which is staffing funded for a Lieutenant, two (2) Sergeants, six (6) Investigators, one (1) Internet
Crimes Investigator, one (1) FBI Innocent Images Task Force member, one (1) Missing Persons
Criminal Research Investigator [civilian], and the one (1) Sexual Offender / Predator Investigator
(the individual funded by this grant), This bureau?s responsibility covers child crimes
investigations and offender tracking county-wide (2,025 square miles with a county-wide
population of 326,658). The overall goal of the new Special Crimes Bureau (SCB) is to develop
uniform and consistent responses to crimes against children and sex crimes; as well as to
proactively seek methods for preventing victimization. Feeling a sense of responsibility to the
community and protecting our neighborhoods, the Special Crimes Bureau (SCB) has enhanced its
efforts of conducting periodic checks, monitoring and surveillance of sexual offenders/predators
before they attack again, helping to prevent further offenses against our children. This increased
due diligence in enforcing Florida?s laws will likely increase the number of arrests and therefore
the number of individuals involved in sex offender tracking. These perpetrators by virtue of later
convictions will be registering as sexual predators and sex offenders; therefore, the volume of
monitoring cases will not decline in the near future. During 2006, a Special Crimes Investigator
typically investigated 35 to 40 open cases at anyone time; a difficult task at best. The number of
child crimes related cases each year is slowly and consistently rising. Staff within Special Crimes
has increased, yet attrition, light duty assignments and task force activity has greatly impeded case
productivity and pro-activity, Special Crime?s Bureau?s number of cases assigned per month
each year is consistently increasing as compared to other investigative bureaus, Overall the
Special Crimes Bureau has seen the following rates: 2003 cases: 989 - Cases per month: 82/
month; 2004 cases: 1,035 - Cases per month: 86/ month; 2005 cases: 1,347 - Cases per month:
112/ month; 2006 cases: 1,702 - Cases per month: 142/ month. Crimes where children are the
deliberate primary victims constitute a great proportion of investigative cases and involve every
form of abuse and neglect imaginable; cases which disgust the very fabric of family and proper
child caring. In addition, children that run away from home or are abandoned from their home as
ungovernable or unwanted can easily fall prey to sex offenders and predators, These complicated
and often time protracted case investigations outweigh the number of agency Investigators
dedicated to general crimes and other investigative efforts, which in the past limited the amount of
time that can be dedicated to this very important issue, Continued Justice Assistance Grant funds
are desperately needed to continue and better our efforts with this specialized Sexual
Predator/Offender Unit Investigator who will remain solely dedicated to the investigation,
apprehension, and prosecution of sex offender and predators, which are at high risk of committing
crimes against children under the age of 18.
Application Ref # 2008-JAGC-632
Contract -JAGC-COLL- _ _
SectIOn #2 Page 2 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
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.' ,
Project Summary
The Collier County Sheriff? Office (CCSO) proposes to enhance its efforts by continuing with the
Child Abuse/Sexual Offender/Sexual Predator project to protect the lives of children under the age
of 18 in Collier County and improve interactions and multi-disciplinary approaches with other
aspects of the criminal justice system, The CCSO proposes to allow for the Justice Assistance
Grant (JAG) funded sexual predator Investigator to continue to be better trained, and better
equipped to focus on unique and creative approaches to tracking and monitor sex offenders, The
Investigator assigned to the Justice Assistance Grant (JAG) Child Abuse/Sexual Offender/Sexual
Predator project will continue to implement, maintain and coordinate the enforcement of child
abuse and neglect laws, including laws protecting against child sexual abuse, and promoting
programs designed to prevent child abuse and neglect. The primary objective of this project is to
safeguard the community of Collier County, with a primary focus on protecting children from sexual
predators and offenders while reducing crimes against children, We have determined that over
2,000 investigative and analytical hours can be dedicated to the Child Abuse/Sexual
Offender/Sexual Predator Project between October 1, 2007 and September 30, 2008 with
available Justice Assistance Grant (JAG) for one Investigator, Each case will take a radically
different amount of time and grant funds will be utilized and expended to the maximum degree
toward the development of strategies and improved methods of targeting sexual offender and
sexual predator crimes committed against children, The CCSO Justice Assistance Grant (JAG)
funded Investigator and other SCB investigators will participate with the State Prosecutor in
criminal prosecutions of these cases, With Collier County?s rapid growth come more offenders
and predators. The current Justice Assistance Grant (JAG) funded sexual offender Investigator is
conducting nearly 300 address verifications each quarter with an estimated 100 attempted
contacts during the same period, During the first quarter of 2007 (representing a typical three
month-quarter?s activity):
297 Physical contacts and address verifications with OFFENDERS
94 Attempted contacts with OFFENDERS
21 Physical contacts and address verifications with PREDATORS
36 Attempted contact with PREDATORS
1 Warrants sought and served for various violations
3 Surveillance Operations
The sexual offender Investigator performs and investigates address verifications as required by
law, as well as surveillance of offenders likely to commit specific acts that might constitute a
violation of their community control/probation. Further funding would allow for this Investigator to
survey areas where undocumented sex offenders prey upon children whose likely convictions
would qualify the offender to register as a sexual offenders/predator upon conviction. The
Investigator also serves as a liaison with the Department of Corrections (DOC) and other law
enforcement agencies (local, state and federal) to identify movements of offenders between
jurisdictions who might not be registered in Collier County. The Investigator also prepares material
for the training of CCSO Deputies on the laws and requirements pertaining to sex
offenders/predators, resulting in expanding the potential for apprehension and prosecution of
offenders committing crimes against children in Collier County, A large component of the Child
Abuse/Sexual Offender/Predator project is public awareness. The CCSO currently posts monthly
offender notices/updates in each substation, With the extension of this Justice Assistance (JAG)
Grant, a plan will be developed to enhance public awareness through public senvice
announcements, radio talk shows. newspaper articles, presentations and visits with Neighborhood
Watch groups, and public presentations, The Sex Offender Investigator?s responsibilities have
increased dramatically since the inception of this
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- --
Section #2 Page 3 of 5
16J4
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
program. Our agency?s dedication is to double the state?s mandated address verifications to
ensure adequate protection of our children, The CCSO checks offenders and predators 4 times
more often than required by Florida law; Sex Offenders quarterly rather than annually and Sexual
Predators are checked monthly rather than quarterly.
Sexual Predator/Offender Unit Goals:
1. Prepare and coordinate monthly public notifications of known sexual predators/offenders to
increase public awareness,
2. Maintain and execute physical address verifications of registered sexual predators/offenders.
3. Maintain comprehensive and accurate files with relative documentation to affect successful
prosecution for ?Failure to Comply with Registration? requirements.
4. Coordinate monitoring of offenders with the Department of Corrections to identify adherence to
State Probation sanctions in addition to Florida Sex Offender obligations.
5. Perform proactive sunveillance operations on alleged activity (i.e, Stranger-Danger, Lewd &
Lascivious Exhibition complaints) to identify, arrest, and prosecute violators,
6. Develop a database with offender/suspect information to be accessible to patrol and
investigative bureaus on a real-time basis,
Long-term Sexual Predator/Offender Unit goals over the upcoming year include:
1. Streamline CCSO record keeping and documentation for improved tracking and processing of
registered sexual predators/offenders by implementing the use of a web based application,
2. Develop and implement enhanced public awareness programs teaching children to be safer; in
conjunction with the local office of the National Center for Missing and Exploited Children and local
municipalities,
3, Enhance and expand a database to provide accurate and current offender information from
physical contacts, to include biological information, places of residency or employment, vehicles,
and curfews.
4. Work with Department of Corrections and the Circuit Court to continue improving the rate at
which the Court concurs with recommendations for the disposition, detention, release, sanctions or
termination for monitored Offenders,
5. Work with State Probation/Department of Corrections to create uniform supenvision requirements
for sex offenders (restrictions and prohibitions while on supervision).
a, This would include creating and enforcing additional computer based restrictions for certain sex
offenders and predators (prohibition in possession of encryption/file hiding software on computers).
6, Work with the Department of Corrections and local judiciary in reducing the number of ?withheld
adjudications? imposed on sex offense cases, and increase durations of probation.
7. Although unfunded during the 2007-2008 Sheriff?s Budget; there remains a need to add an
additional Sexual Predator/Offender Unit Investigator for the purpose of enhanced monitoring of
problematic offenders, for increased enforcement of probation, and to attempt to locate offenders
who have absconded from DOC supervision and State of Florida registration obligations, These
additional Investigative positions will greatly add with the workload,
The provider of senvices is the Collier County Sheriff?s Office Special Crimes Bureau and
Application Ref #
Contract
2008.JAGC-632
-JAGC-COLL-. -
Section #2 Page 4 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
the Sexual Predator/Offender Unit Investigators. There is not a grant funded service provider for
this program outside of the Collier County Sheriff?s Office. The CCSO member who will provide
senvices will be a certified Law Enforcement Deputy. The Sexual Predator/Offender Unit
Investigator will monitor offenders who are currently on probation, parole, and/or community
control, as well as released from the care and custody of the Department of Corrections, These
offenders can be identified as being at risk to the public, based upon the crimes in which the
offender committed, coupled with the long-term effects suffered by the victims of sexual offenses.
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't.,'")
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- --
Section #2 Page 5 of 5
16J4q~
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Performance Info:
Performance Reporting Frequency:
Quarterly
Federal Purpose Area: 001 - Law Enforcement Programs
State Purpose Area: 027 - Child Abuse
Activity Description
Activity: Law Enforcement
Target Group: Child Abusers
Geographic Area: County-Wide
Location Type: County-Wide
Activity Description
Activity: Child Abuse Training and Education
Target Group: Child Abusers
Geographic Area: County-Wide
Location Type: County-Wide
Activity Description
Activity: Residence Verification
Target Group: Sex Offenders
Geographic Area: County-Wide
Location Type: County-Wide
Objectives and Measures
Objective: 027.01 - Investigate a specified number of child abuse cases.
Measure: Part 1
How many child abuse investigations will be initiated?
Goal: 200
Objective: 027,02 - Arrest a specified number of child abuse offenders.
Measure: Part 1
How many child abuse offenders will be arrested?
Goal: 45
Application Ref #
Contract
2008-JAGC-632
2008-JAGC-COLL-l-Q9-
Section #3 Page 1 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
I'
Objective: 027.10 - Provide education and training on child abuse issues to a specified number
of criminal justice personnel.
Measure: Part 1
How many criminal justice personnel will COMPLETE education and training on
domestic violence issues?
Goal: 200
Objective: 027.11 - Provide information on child abuse to the general public.
Measure: Part 1
Will information on child abuse issues be provided to the general public?
Goal: Yes
Objective: 027.17 - To conduct a specified number of sexual offender residence verifications.
Measure: Part 1
How many sexual offender residence verifications will be conducted?
Goal: 800
Objective: 027.18 - To conduct a specified number of sexual predator residence verifications.
Measure: Part 1
How many sexual predator residence verifications will be conducted?
Goal: 150
Application Ref #
Contract
2008-JAGC-632
200B-JAGC-COLL-1-Q9-
Section #3 Page 2 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Section Questions:
Question: If "other" was selected for the geographic area, please describe,
Answer:
Question: If "other" was selected for location type, please describe.
Answer:
Application Ref # 2008-JAGC-632
Contract -JAGC-COLL - - -
Section #3 Page 3 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
.~ t .~
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Monthly
Is the subgrantee a state agency?: No
SAMAS I Vendor Number: 59-6000558
Budget:
Budget Category Federal Match Total
Salaries and Benefits $145,651.00 $0.00 $145,651.00
Contractual Senvices $0,00 $000 $000
Expenses $26,038.00 $0.00 $26,038.00
Operating Capital $0.00 $0.00 $0,00
Outlay
Indirect Costs $0.00 $0.00 $0.00
-- Totals -- $171,689.00 $0.00 $171,689.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- --
Section #4 Page 1 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Budget Narrative:
Salaries and Benefits $145,651:
Regular Salaries (1 position) = $78,996
Incentive = $1 ,560
FICA@ 7.65% = $6,163
Retirement@20.92%thru 6/30/08 & 23.17% thru 7/1/08 = $17,345
HealthlDentallnsuranoe = $13,050
Life/Dism. @ .27% = $213
W/C@ 5.61% = $4,519
Total Salary and Benefits for 1 position = $121,846
Funds are needed to support payment of the salary and benefits for one Child Abuse/Sexual
Offender/Sexual Predator Project III Certified Deputy who will be dedicated to project activities.
The grant funded Deputy will be solely dedicated to the investigation, apprehension, and
prosecution of sexual offender and sexual predator criminals who are committing crimes against
children under the age of 18. This Deputy is needed to do periodic checks, to monitor and perform
surveillanoe of sexual offenders/predators. The grant funded position supported with subgrant
funds are in excess of the appropriated positions in the implementing agency at the time of this
JAG Grant. The projected base salary for the grant funded Deputy is $78,996. Benefits are listed
above. A job description is attached. The Deputy will be responsible for performing and
investigating both verifications as required by law as well as surveillance for offenders committing
acts that qualify the individual to be registered. The Deputy would also serve as a liaison with
other law enforcement agencies to identify movements of offenders between jurisdictions who
might not be registered in Collier County. The Deputy would train other agency Deputies on
offender laws and requirements resulting in expanding the potential for apprehension and
prosecution of additional offenders committing crimes against the children of Collier County.
Overtime for other members = $17,768
FICA@ 7.65% = $1,359
Retirement@ 20.92% thru 6/30/08 & 23.17% thru 7/1/08 = $4,117
W/C @ 5.61% = $561
Total Salary and Benefits for Overtime = $23,805
Due to the number of child abuse/sexual predator/sexual offender cases coupled with the lack of
qualified full time officers to meet the demand for calls and investigations, current members are
needed to work overtime to respond to the need. Overtime Salaries will be for the grant funded
position, other members of the Special Crimes Bureau Deputies, and other Deputies needed to
cover Child Abuse/Sexual Predator/Sexual Offender cases. Overtime benefits include FICA,
retirement and W/C as noted above.
Contractual Services: $ 0
Expenses: $ 26,038
Handheld GPS Units totaling $2,468:
4 GPS Units @ $350 = $1,400
4 GPS Topographical Maps Disc @ $149 = $596
4 Direct Route Maps Disc @ $99 = $396
4 Carrying Cases @ $19 = $76
Hand held GPS units will be used for the three members of the Special Crimes Bureau who
Application Ref #
Contract
2008-JAGC-632
2008-JAGC-COLL-1-Q9-
Section #4 Page 2 of 5
Rule Reference 11 D~9.006 OCJG-OOS (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Budget Narrative (Continued):
are being trained as members of the ?Child Abduction Response Team? and by the Sex Offender
Unit Investigator. The GPS units will provide readily available maps of any location where an
incident involving a missing or abducted child case is being investigated, in or out of county. In
addition, these GPS units can be used to measure distances between two points (measuring
restrictive distances for sex offenders from residing within 1,000 feet of a park, playground or
school). These units also assist in identifying ?exact? locations in remote areas where sex crimes
occur, such as locations in fields and wooded areas.
Special Crimes Call-Out Polo Shirts totaling $910:
26 511 Tactical Polo Shirts @ $25 = $650
26 Embroidered Special Crimes Bureau Shirts@$7.50 = $195
26 Sheriff?s Embroidered Star@ $2.50 = $65
The Special Crimes Bureau routinely conducts presentations to the public, other law enforcement
agencies (in and out of county) talking about on-line safety, child crimes, sexual predators, and
other child safety educational topics. The polo shirts embroidered with a Sheriff?s star, name, and
the ?Special Crimes Bureau? designation can be used for uniformity and to identify our Unit as a
cohesive entity. Presentiy, there is no uniform polo shirt for Special Crimes, callouts, or
presentations.
TravelfTraining totaling $12,420:
Dallas National ?Crimes Against Children? Conference totaling $3,340:
2 Tuitions @ $425 = $850
2 Commercial Travel @ $500 = $1,000
2 Per Diem @$180 = $360
2 Hotel @ $113/night X 5@$565=$1,130
This is the premier child crimes conference in the nation. Two members need to attend this child
abuse investigator conference for updated training, information, and networking. The local Child
Protection Team also sends attendees, so this becomes a multi-disciplinary training session.
Advanced EnCase Training (Jeff Johnson) totaling $3,460:
1 Tuition @ $1,995
1 Commercial Travel @ $265
1 Per Diem @ $200
1 Hotel@$1,000
This training program is the next step in the certification training for the Special Crimes Bureau?s
Computer Forensic Examiner. This position analyzes all of our sex crimes computer evidence,
child porn cases, on-line solicitation cases and provides case evidence for many of our bureau?s
child victimization cases.
Basic Computer Forensics (Encase Training) (John Kilpatrick) totaling $3,460:
1 Tuition @ $1,995
1 Commercial Travel @ $265
1 Per Diem @ $200
1 Hotel @ $1,000
This training program is the first step in the certification training for the back-up Examiner for the
Special Crimes Bureau?s Computer Forensic Examiner position. This position analyzes all of our
sex crimes computer evidence, child porn cases, on-line solicitation cases, and provides case
evidence for many of our Bureau?s child victimization cases.
Application Ref #
Contract
2008-JAGC-632
2008-JAGC-COLL-1-Q9-
Section #4 Page 3 of 5
Rule Reference 11[)..9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4
Budget Narrative (Continued):
Florida Association of Sex Crimes Investigator Conference (2 members) totaling
$2,400:
2 Tuition @ $450 = $900
2 Per Diem @ $100 = $200
2 Hotel @ $400 = $800
This oonference is held annually in Florida and brings sex crimes investigators from around the
state for training in key topical areas. This would be for two investigators from the Special Crimes
Bureau to attend.
(Please note that all tuition, per diem, commercial travel, and hotel costs are estimates and costs
will change when details on each training is provided.)
CO Rom Software totaling $10,000:
This is a soft ware CD Rom which can be handed out to parents and participants during Special
Crimes Prevention Programs. The CO allows parents the ability to find out if their child is safe on-
line. With the CD, Computer COP, the parent drops the CD Rom into their child?s oomputer and
the CD scans for potential offensive images, unsafe chat logs and much more. The CD Rom is
customized with the Sheriff?s message and agency information. 2,500 CD Roms customized with
agency log, jacket, and a video clip of the Sheriff talking about computer on-line safety will cost $4
each totaling $10,000.
Operating Capital Outlay = $0
Indirect Costs = $0
TOTAL = $171,689
? These project costs are not allocated or included as a cost to any other federally financed
program.
? These project oosts are necessary and reasonable for proper and efficient project administration
and implementation and NOT a general expense to carry out overall responsibilities.
? These project oosts are authorized by Federal or Florida Statues or local laws and regulations
that are in effect at the time the subgrant is awarded.
? These project costs are treated consistently with policies, regulations and procedures that apply
unifonmly to other subgrant recipient activities.
? These project costs are net of all applicable credits.
? Federal funds will not be used to supplant State or local funds.
? All project costs will be expended or obligated during the approved subgrant period.
Application Ref #
Contract
200lhlAGC-632
2008-JAGC-COLL-1-Q9-
Section #4 Page 4 of 5
Ru.. Reference 110-9,006 OCJG-QOS (rev, Apn1200S)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
16J4';J'j
Section Questions:
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee.
Answer: $1,000.00
Question: If salaries and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel increase, or a continued net personnel
increase from the previous Byrne program?
Answer: Yes
Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of
salaries and benefits), and provide documentation of the appropriate approval of this
plan.
Answer: N/A
Question: If the budget includes senvices based on unit costs, provide a definition and cost for
each senvice as part of the budget narrative for contractual senvices, Include the
basis for the unit costs and how recently the basis was established or updated.
Answer: N/A
Application Ref #
Contract
2008-JAGC-632
-JAGC-COLL- --
Section #4 Page 5 of 5
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Edward Syrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
I Standard Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implementing agencies and state agencies upon signed acceptance of the subgrant award appear in
this section, Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 17 of this section,
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAG)
Program Guidance as well as Florida laws and regulations including the Florida
Administrative Code Chapter 11 D-9, Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees
to comply with all Federal statutes, regulations, policies, guidelines and requirements,
including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR,
Part 66, Common Rule and Part 67, Drug-free Workplace, Equal Treatment Regulation 28
CFR, Part 38.
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles of allowability and standards for selected cost items set forth in the OJP Financial
Guide, U,S, Department of Justice Common Rule for State And Local Governments and
federal OMS Circular A-87, "Cost Principles for State. Local and Indian Tribal Governments",
or OMS Circular A-21 , "Cost Principles for Educational Institutions",
b, All procedures employed in the use of federal funds for any procurement shall be according
to U,S. Department of Justice Common Rule for State and Local Governments, or OMS
Circular A-110, or OMS Circular A-102, and Florida law to be eligible for reimbursement
3. Reports
a, Project Performance Reports - JAG Countywide Only
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, by February 1, May 1, August 1 , and within forty-five (45) days after the
subgrant termination date, In addition, if the subgrant award period is extended beyond
the "original" project period, additional Quarterly Project Performance Reports shall be
submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions.
(2) Report Contents: Performance reports must include both required sections, the
quantitative response (in response to specific objectives and measures) and the
qualitative narrative, The narrative must reflect on accomplishments for the quarter,
incorporate specific items specified for inclusion in performance measures, and also
identify problems with project implementation and address actions being taken to resolve
the problems,
SFY 2008
Ru/e Reference 110-9,006
Page 1
DCJG-005 (rev. Dc/ober 2005)
16J4
Edward Byrne Memorial Justice .t\sslstance Grant (JAG) Program
FLorida Department of Law Enforcement
b. Financial Reports
(1) PrOject Expenditure Reports
(a) The JAG Countywide subgrant recipient shall have a choice of submitting either a
Monthly or a Quarterly Project Expenditure Report to the Department Monthly
Project Expenditure Repcrts (1-11) are due thirty-one (31) days after the end of the
reporting period, Quarterly Project Expenditure Reports (1-3) are due thirty-one (31)
days after the end of the reporting period In addition, If the subgrant award period is
extended, additional Project Expenditure Reports shall be submitted
(b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for
the entire subgrant period,
(c) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms presenbed and provided by the
Office of Criminal Justice Grants (OCGJ)
(d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
audit and post-audit
(e) Before the "final" Project Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have salisfled all special conditions, Failure to comply with the above proviSions
shall result in forfeiture of reimbursement,
(I) Reports are to be submitted even when no reimbursement is being requested,
(2) The Closeout Documentallon shall be submitted to the Department within forty-five (45)
days of the subgrant termination period,
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department by February 1, May 1, August 1, and within forty-five (45)
days after the subgrant termination date covering subgrant project generated income and
expenditures during the prevIous quarter, (See Item 10, Program Income)
c Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department
4. Fiscal Control and Fund Accounting Procedures
a, The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and reqUired non-federal
expenditures, All funds spent on thiS project shall be disbursed according to provisions of the
project budget as approved by the Department
b All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as
amended), U S Department of Justice Common Rule for State and Local Governments, and
federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-ll0, or A-I 02
as applicable, In their entirety
c, All funds not spent according to this agreement shall be subject to repayment by Ihe subgrant
recipient
SFY 2008
Page 2
16J4
Ed'Nard Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement IS contingent upon
an annual appropriation by the Florida Legislature Furthermore, the obllgatlcn of the State of
Florida to reimburse subgrant recipients for Incurred costs IS subject to available federal funds
6, Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any CIrcumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant penod Only project costs incurred on or after
the effective date and on or pnor to the termination date of the subgrant recipient's project are
eligible for reimbursement
7. Advance Funding
a JAG Countywide - Advance funding may be authorized for up 10 twenty-five (25) percent of
the federal award for each prOject according to Section 216181(16)(b). FlOrida Statutes, the
OJP Financial Guide, and the US Department of Justice Common Rule for State and Local
Governments Advance funding shall be proVided to a subgrant recipient upon a written
request to the Department ThiS request, shall be either enclosed with the subgrant
application or submitted to the Department prior to the first request for reimbursement
Jusliflcatlon should address a 30/60/90-day need for cash based on ihe budgeted activities
for the period
b, JAG Direct _ The Department shall award program funds to the recipient In a Single, lump
sum payment
8. Trust Funds
a The unit of local government must establish a trust fund in which to deposit JAG funds, The
trust fund mayor may not be an interest beanng account
b, The account may earn Interest, but any earned interest must be used for program purposes
and expended before the subgrant end date
9, Travel and Training
a All travel expenses relating to field tripS with youth requires written approval of the
Department prior to commencement of actual travel
c The cost of all travel shall be reimbursed according to local regulations, but not in excess of
provisions in Section 112061, Florida Statutes
d, All bills for any travel expenses shall be submitted according to provisions in Secllon
112 061, Flonda Statutes
10. Program Income (also known as Project Generated Income)
Program income means the gross Income earned by the subgrant recipient dUring the subgrant
period, as a direct result of the subgrant award Program income shall be handled according to
the OJP Financial Guide and U S Department of Justice Common Rule for State and Local
Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts,
Disbursements, and Operation of The Cash Management Improvement Fund),
SFY 2008
Page 3
16J4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FlOrida Oepartment of Law Enforcement
11. Approval of Consultant Contracts
The Department shall reView and approve in writing all consultant ccntracts prior to employment
of a consultant when the" rate exceeds $450 (excluding travel and subsistence costs) for an
eight-hour day. Approval shall be based upon the contract's compliance with reqUIrements found
In the OJP Financial Guide, U S Department of Justice Common Rule for State and Local
Governments, and In applicable state statutes The Department's approval of the subgrant
recipient agreement does not constitute approval of consultant contracts
12. Property Accountability
a, The subgrant recipient agrees to use all non-expendable property for criminal Justice
purposes during ItS useful life or request Department disposition,
b, The subgrant recipient shall establish and administer a system to protect, presenve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth In
the OJP Financial Guide, US Department of Juslice Common Rule for State and Local
Governments or the federal OMB Circular A-ll0 or A-l02, as applicable ThiS obligation
continues as long as the subgrant recipient retains the property, notwithstanding expiration of
thiS agreement
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to thiS agreement is governed by the terms of the OJP Financial Guide (as
amended), and the US Department of Justice Common Rule for State and Local Governments,
or the federal OMS Circular A-II 0 or A-I 02, as applicable,
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and Irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes
a The copyright in any work developed under an award or subaward, and
b, Any rights of copyright to which a subgrant recipient or subreclpient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that Will be published, including web-based matenals and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date,
All matenals publicizing or resulting from award actiVities shall contain the follOWing statements
"ThiS project was supported by Award No, [contact OCJG for award numberj awarded by the
Bureau of Justice Statistics, Office of Justice Programs The opinions, findings, and conclusions
or recommendations expressed In this publication/program/exhibition are those of the author(s)
and do not necessanly reflect the views of the Department of Justice,"
16. Audit
a Subgrant reCipients that expend $500,000 or more in a year in Federal awards shall have a
Single or program-speCIfiC audit conducted for that year The audit shall be periormed In
SFY <ooL
Page 4
16J4
Edward Byrne Memorial Justice Assistance Grant (JAG) Progcam
Florida Department of Law Enforcemeni
accordance with the federal OMB Circular A-133 and other applicable federal law The
contract for this agreement shall be Identified in The Schedule of Federal Financial
Assistance in the subject audit The contract shall be Identified as federal funds passed
through the Ftorida Department of Law Enforcement and Include the contract number, CFDA
number, award amount, contract period, funds received and disbursed v'lhen applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of
Sections 1145 and 21597, Florida Statutes, and Chapters 10550 and 10600, Rules of the
Florida Auditor General.
b, A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period In order to be complete, the submitted report shall Include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings Incomplete audit reports will not be accepted by the
Department and will be returned to the subgrant recipient
c The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA), The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant
d The subgrant recipient shall take appropriate corrective action within SIX (6) months of the
Issue date of the audit report In instances of noncompliance with federal laws and
regulations
e, The subgrant recipient shall ensure that audit working papers are made available to the
Department, or ItS designee, upon request for a period of three (3) years from the date the
audit report IS issued, unless extended In writing by the Department
f, Subgrant recipients that expend less than $500,000 in Federal awards dUring a fiscal year
are exempt from the audit requirements of OBM Circular A-133 for that fiscal year, In this
case, written notification, which can be in the form of the "Certlflcallon of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt ThiS notice shall be provided to the Department no later than
March 1 following the end of the fiscal year
g, If this agreement is closed out without an audit, the Department resenves the right to recover
any disallowed costs Identified In an audit completed after such closeout
h The completed audit report or notification of non-applicability should be sent to the following
address
FlOrida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, FlOrida 32308
17, Performance of Agreement Provisions
In the event of default, non-compliance or Violation of any provISion of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate Including withholding payments and cancellation,
termination, or suspension of the agreement In whole or In part In such event, the Department
shall notify the subgrant recipient of ItS deciSion thirty (30) days In advance of the effecllve date of
such sanction The subgrant recipient shall be paid only for those senvices satisfactorily
performed prior to the effective date of such sanction
SFY 2008
Page 5
16J4
Edward Byrne ~lemorlal Justice Assistance Grant (JAGi Program
Florida Department of Law Enforcement
18. Commencement of Project
a If a project has not begun Within sixty (60) days after acceptance of the subgrant award, the
subgrant recipient shall send a letter to the Department indicating steps to Initiate the project.
reason for delay and request a revised project starting date
b If a project has not begun within ninety (90) days after acceptance of ihe subgrant award, the
subgrant recipient shall send another letter to the Department, again explaining the reason
for delay and request another reVised prolect starting date,
c Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay IS justified or shall, at ItS discretion, unilaterally terminate thiS agreement and re-
obligate subgrant funds to other Department approved projects The Department, where
warranted by extenuating CIrcumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written amendment to this agreement
19. Excusable Delays
a Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of thiS agreement according to its terms (including any
failure by the subgrant recipient to make progress In the execution of work hereunder which
endangers such performance) If such failure arises out of causes beyond the control and
Without the fault or negligence of the subgrant recipient Such causes Include, but are not
limited to, acts of God or of the public enemy, acts of the government in either ItS sovereign
or contractual capacity, fifes, floods, epidemiCS, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but In every case, the failure to perform shall be
beyond the control and Without the fault or negligence of the subgrant recipient
b If failure to perform is caused by failure of a consultant to perform or make progress, and If
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
(2) The Department ordered the subgrant recipient In Writing to procure such supplies or
services from other sources, and
(3) The subgrant reCipient failed to reasonably comply with such order
c Upon request of the subgrant reCipient, the Department shall ascertain the facts and the
extent of such failure, and If the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be reVised accordingly
20. Written Approval of Changes in this Approved Agreement
Subgrant recipients shall obtain approval from the Department for major substantive changes
These Include, but are not limited to
a Changes In project acllvitles, target populations. service providers, implementation
schedules, designs or research plans set forth In the approved agreement;
,FY?OOR
Page 6
16J4
Edward Byrne Me~orlal Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b Budget de'i1atlons that do not meet the follOWing crltenon That IS, a subgrant reCipient ~ay
transfer funds betNeen budget categofles as long as the total amount of transfer does not
exceed ten (10) percent of the total approved budget and the transfer is made to an approved
budget Item, or,
C Transfers of funds above the ten (10) percent cap shall be made only If a revised budget IS
approved by the Department Transfers do not allow for Increasing the quantitative number
of Items documented in any approved budget item, I.e" Increasing the quantity of equipment
Items In Operating Capital Outlay or Expense categories, or staff positions in the Salaries and
Benefits category )
d Under no circumstances can transfers of funds increase the lotal budgeted award
21. Disputes and Appeals
a The Department shall make Its decision in wflting when responding to any disputes,
disagreements or quesllons of fact aflslng under this agreement and shall distribute Its
response to all concerned parties The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's deCISion
b If the subgrant recipient appeals the Department's deCISion, the appeal also shall be made in
wflting within twenty-one (21) calendar days to the Department's clerk (agency clerk), The
subgrant reCipient's fight to appeal the Department's decision IS contained In Chapter 120,
Florida Statutes, and in procedures set forth in Rule 28-106104, Floflda Administrative Code,
Failure to appeal Within thiS time frame conslltutes a waiver of proceedings under Chapter
120, Floflda Statutes,
22, Conferences and Inspection of Work
Conferences may be held at the request of any party to thiS agreement. At any time, a
representative of the Department, of the U S, Department of Justice, or the Auditor General of the
State of Floflda, have the pnvilege of Visiting the project site to monitor, inspect and assess work
performed under thiS agreement.
23. Access To Records
a The Department of Law Enforcement, the Auditor General of the State of Floflda, the US,
Department of Justice, the US Comptroller General or any of the" duly authorized
representallves, shall have access to books, documents, papers and records of the subgrant
recipient, Implementing agency and contractors for the purpose of audit and examination
according to the OJP Financial GUide (as amended), and tr,e US Department of Justice
Common Rule for State and Local Governments
b The Department resenves the fight to unilaterally terminate this agreement if the subgrant
recipient, Implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other mateflals subject to proviSions of Chapter 119, FlOrida Statutes, and
made or received by the subgrant recipient or its contractor in conJuncllon With thiS
agreement
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final finanCial statement and be available for audit and public disclosure upon
request of duly authOrized persons
,r=V?nnR
Paqe 7
16J4
Edward Bjme Memorial Justice ,;sslstance Grant (MG) Program
Florida Department of Law Enforcement
25, Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency OffiCial, Administrator or Designated Representative, who sign the Signature Page, have
the authoritj to request changes to the approved agreement The prior mentioned indiViduals
have authority to sign or make amendments to the Sole Source. ADP Justification and the
Privacy Certification forms The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief FinanCial Officer of the Subgrant
Recipient or authorIZed designee
26. Delegation of Signature Authority
When the authorized offiCial of a subgrant recipient or the Implementing agency designates some
other person signature authority for him/her, the chief officer or elected oH,clal must submit to the
Department a letter or resolution Indicating the person given signature authority, The letter
Indicating delegallon of signature authority must be signed by ihe chief officer or elected offiCial
and the person receiving signature authority, The letter must also specify the authority being
delegated
27. Personnel Changes
Upon implementation of the project, In the event there is a change In Chief Executive Officers for
the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department
must be notified In writing with documentation to Include appropriate Signatures,
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherNlse prOVided by law, the proviSions of Chapter 435, Florida
Statutes shall apply
a, All positions in programs providing care to children, the developmentallj disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotllne; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responSibility and require employment screening pursuant to Chapter 435, FS, using the
level 2 standards set forth in that chapter,
b All employees In pOSitions designated by law as positions of trust or responsibility shall be
required to undergo security background Investigations as a condition of employment and
continued employment For the purposes of Ihe subsection. security background
Investigations shall Include, but not be limited to, employment history checks, fingerprinting
for all purposes and checks in thiS subsection, stateWide criminal and Juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may Include local CClmlnal records checks
through local law enforcement agencies
(1) Any person who IS required to undergo such a security background investigation and
who refuses to cooperate In such investigation or refuses to submit fingerprints shall be
disqualified for employment in such pOSition or, If employed, shall be dismissed
(2) Such background investigations shall be conducted at the expense of the employing
agency When fingerprinting IS required, the fingerprints of the employee or applicant
for employment shall be taken by the employing agency or by an authorized law
SFY 2008 Page 8
16J4
Edward Byrne Memcrlal Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
enforcement officer and submitted to the Departmenl of Law Enforcement for
prccesslng and forwarding, when requested by the employing agency, to the United
States Department of Justice for processing The emplcYlng agency shall reimburse
the Department of Law Enforcement for any costs Incurred by It In the processing of the
fingerprints
29. Drug Court Projects
a A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements
outlined in the US Department of Justice, Office of Justice Programs, Drug Courts Program
Office, program guidelines "Defining Drug Courts: The Key Components", January 1997 This
document can be obtained from FDLE, Office of Criminal Justice Grants, at (850j 410-8700
b To ensure more effective management and evaluation of drug court programs, the subgrant
recipient agrees that drug court programs funded With thiS award shall collect and maintain
follow-up data on criminal recidivism and drug use relapse of program participation The data
cotlected must be available to U S DOJ and FDLE upon request
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the US
Department of Justice encourages consultation with all allied components of the CrIminal Justice
system In the affected Jurisdiction The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space,
31. Criminal intelligence System
a The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence
Systems Operating PoliCies IS to assure that subgrant recipients of federal funds for the
prinCipal purpose of operaling a crlminai intelligence system under Ihe Omnibus Crime
Control and Safe Streets Act of 1968, 42 US,C 3701, et seq, as amended, use those funds
in conformance with the privacy and constitutional rights of tndlvlduais,
b The subgrant recipient and a criminal Justice agency that is the Implementing agency agree to
certify thai they operate a CrIminal intelligence system in accordance with Sections 802(a)
and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and
comply With criteria as set forth in 28 CFR Part 23 - Crimlnallnlelligence Systems Operattng
Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance,
Submission of this certification IS a prereqUisite to entering Into thiS agreement
C, ThiS certification is a material representalion of fact upon which reliance was placed when
this agreement was made If the subgrant reCipient or criminal Justice agency operates a
CrIminal intelligence system and does not meet Act and federal regulation Criteria, they must
Indicate when they plan to come into compliance Federal law requires a subgrant-funded
criminal Intelligence system project to be In compliance With the Act and federal regulation
prior to the award of federal funds The subgrant recipient is responSible for the continued
adherence to the regulation governing the operation of the system or faces the loss of federal
funds The Department's approval of the subgrant recipient agreement does not constitute
approval of the subgrant-funded development or operation of a crimlnallnteliigence system
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the condlllons for confidential funds as set forth in the
effective edition of OJP's Financial GUide is required from all projects that are Involved With
confidenlial funds from either Federal or matching funds The signed certification must be
SFY 2008
Page 9
16J4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
submitted at the time cf grant application
33, Equal Employment Opportunity (EEO)
a, No person, on the grounds of race, creed, color or national origin shall be excluded from
participation In, be refused benefits of, or otherNlse subjected to diScrimination under grants
awarded pursuant to TItle VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, as amended, TItle IX of the Education Amendments of 1972, The Age
D,scrimination Act of 1975. and, Department of Justice Non-DIscrimination Regulat:ons 28
CFR Part 42, Subparts C, D, E, F, G and H,
b, The subgrant recipient and the implementing agency agree to certify that they either do or do
not meet EEO program criteria as set forth In Section 501 of The Federal Omnibus Crime
Control and Safe Streets Act of 1968, as amended and that they have or have not
formulated, implemented and maintained a current EEO Program Submission of this
certification IS a prerequisite to entering Into this agreement ThiS certification is a material
representation of fact upon which reliance was placed when this agreement was made If the
subgrant recipient or Implementing agency meet Act criteria but have not formulated,
Implemented and maintained such a current written EEO Program, they have 120 days after
the date thiS agreement was made to comply With the Act or face loss of federal funds subject
to the sanctions in the Justice System Improvement Act of 1979, Pub L 96-157, 42 US,C,
3701, et seq (Reference Section 803 (a) of the Act, 42 use 3783 (a) and 28 CFR Section
42207 Comptiance Information)
c Any subgrant recipient or implementing agency receiving a single grant award for $500,000
or more OR an aggregate of grant awards for $1 ,000,000 or more dUring any 18 month
period In federal funds, must have approval of ItS EEO Plan by the US DOJ, Office for Civil
Rights (OCR) The subgrantee shall submit Its EEO Plan to FDLE, for submittal to the U S,
OOJ, OCR for approval The submission shall be in both paper copy and electroniC format If
the US DOJ, OCR has approved an agency's EEO Plan during the two prevIous years, It IS
not necessary to submit another EEO Plan, Instead, the subgranlee need only send a copy
of its approval letter from the OCR, However, If the EEO Plan approval is more than two
years old, an updated Plan must be submitted,
d, In the event a Federal or State court of 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
34. Americans with Disabilities Act
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA),
Public Law 101-336, which prohibits diScrimination by publiC and private entities on the basis of
disability and requires certain accommodations be made with regard to employment (TItle I), state
and local government senvlces and transportation (Title II), publiC accommodations (Title III), and
telecommunications (Title IV)
35. Immigration and Nationality Act
No public funds Will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a Violation of the employment proviSions contained In 8
US,C, Section 1324a(e), Section 274A(e) of Ihe Immigrallon and Nationality Act ("INA") The
Oepartment shall conSider the employment by any contractor of unauthorized aliens a Violation of
Section 274A(e) of the INA Such violation by the subgrant recipient of the employment
proviSions contained In Section 274A(e) of the INA shall be grounds for unilateral cancellation of
thiS contract by the Department
SFY 2008
Page 10
16J4.
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
36, National Environmental Policy Act (NEP A)
a, The subgrantee agrees to assist FDLE In complYing with the NEPA and other related federal
enVIronmental Impact analyses requirements In the use of subgrant funds by the subgrantee
ThiS applies to the following new actiVities whether or not they are be:ng speCifically funded
with these subgrant funds That is, it applies as iong as the aclivlty IS being conducted by the
subgrantee or any third party and the activity needs to be undertaken in order to use these
subgrant funds,
(1) New construction,
(2) Minor renovalion or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located within a lOa-year flood plain;
(3) A renovation, lease. or any other proposed use of a building or facility that will either (a)
result in a change in lis baSIC prior use or (b) Significantly change ItS size, and
(4) Implementation of a new program Involving the use of chemicals other than chemicals
that are (a) purchased as an inCidental component of a funded actiVity and (b)
traditionally used, for example, In office, household, recreational, or educational
environments
b For any of a subgrantee's existing programs or aclivlties that will be funded by these
subgrants, the subgrantee, upon specific request from the Department and the U S,
Department of Justice, agrees to cooperate With DOJ In any preparation by DOJ of a national
or program environmental assessment of that funded program or activity
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply With Executive Order 12549, Debarment and
Suspension (34 CFR, Part 85, SectJon 85,510, PartiCipant's ResponSibilities) These procedures
require the subgrant reCipient to certify it shall not enter Into any lower lIered covered transaction
with a person who IS debarred, suspended, declared ineligible or IS voluntarily excluded from
participating In thiS covered transaction, unless authorized by the Department
38. Federal Restrictions on lobbying
a Each subgrant reCipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that inlliates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal
loan of$150,OOO or more
b This certlficalion is a material representalion of fact upon which reliance was placed when
thiS agreement was made, Submission of thiS certlficalion IS a prerequiSite to entering into
thiS agreement subject to conditions and penalties Imposed by Section 1352, Title 31, United
States Code, Any person who fails to frle the required certlficalion IS subject to a CIVil penalty
of not less than $10,000 and not more than $100,000 for each failure to file,
c, The underSigned certifies, to the best of hiS or her knowledge and belief, that
SFY 2008
Page 11
P"lo o^'~~~~~~ .oj";" n ,.,,,.:
,....,....,..... ".n.t::'
,..... ~ ~ -<. ...",..,,....,
16Jl+
Edwari Byrne Memorial Justice ASSistance Grant (JAG) Program
Florida Department of Law Enforcement
il) ~Jo federally appropriated funds have been paid or shall be paid 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, cr an employee of a member of
congress in conneclton with the awarding of any federal loan, the entering into of any
renewal, amendment, or modification of any federal contract, granl, lean or cooperative
agreement
(2) If any non-federal funds have been paid or shall be paid 10 any person for Influencing or
attempting to influence an officer or employee of congress, or an employee of a member
of congress In connection with this federal contract, grani loan, or cooperallve
agreement, the underSigned shall complete and submit the standard form, Disclosure of
LobbYlnq Activities, according to its Instrucllons,
(3) The underSigned shall reqUIre that the language of this certification be Included in award
documents for all subgrant awards at all tiers and that all subgrant recipients shall certify
and disclose accordingly,
39. State Restrictions on Lobbying
In addition to the provisions contained In Item 39, above, the expenditure of funds for the purpose
of lobbYing the legislature or a state agency is prohibited under this contract
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either dlleclly or
indirectly, in support of tr,e enactment, repeal, modification or ado pilon of any law, regulation or
POliCY, at any level of government, without the express prior written approval of OJP
41. "Pay - to - Stay"
Funds from this award may not be used to operate a "pay-to-stay" program in any local Jail
Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs "Local
lall". as referenced In this condition, means an adult facility or detention center owned and/or
cperated by city, county, or muniCipality, It does not Include Juvenile detention centers "Pay-to-
stay" programs as referenced In thIS condition, means a program by which extraordinary senvices,
amenities and/or accommodallons, not otherwise available to the general Inmate population, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or Similar offenders within a jurisdiction
42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must compty with thiS condition, which prOVides for Individual site environmental
assessment/impact statements as required under the National Environmental Policy Act
a, General ReqUIrement: The subgrantee agrees to comply with Federal, State, and tocal
envrronmentai. health and safety laws and regulations applicable to the Investigation and
closure of clandestine methamphetamine laboratOries and the removal and disposal of the
chemicals, equipment. and wastes used In or resulting from the operation of these
laboratOries
b, SpeCIfic Requirements: The subgrantee understands and agrees that any program or
Initiative Involving the identification, seizure, or closure of clandestine methamphetamine
laboratOries can result in adverse health, safety and envllonmentallmpacts to (1) the law
enforcement and other governmental personnel Involved, (2) any reSidents. occupants,
SFY 2008 Page 12
SFY 2008
16 J L~,
Edward Byrne Memorial Justice AssIStance Grant (JAG) Program
Florida Department of Law Enforcement
users, and neighbors of the site of a seized clandestine laboratory, (3) the seized laboratory
site's Immediate and surrounding enVIronment of the slte(s) where any remaining chemicals,
equipment. and waste form a seized laboratory's cperat:ons are placed or come to rest
Therefore, the subgrantee further agrees that In order to avoid or mitigate the possible
adverse health, safety and env"onmental impacts from any of clandestine
methamphetamine operations funded under this award, it will (1) Include the nine, below
listed protective measures or components; (2) provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) Implement these
protective measures directly throughout the life of the subgrant In so dOing, the subgrantee
understands that it may Implement these protective measures directly through the use of its
own resources and staff or may secure the qualified services of other agencies, contractor or
other qualified third party,
(1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to
the seizure or closure if of ctandestine methamphetamine laboratories,
(2) Provide Occupational Safety and Health Administration (OSHA) required Initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrantee to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their specific duties. equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5) Employ qualified disposal contractors to remove all chemicals and associated
glassware, equipment, and contaminated materials and wastes from the slte(s) of each
seized c1andesllne laboratory,
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratOries at properly licensed disposal faCilities or, when
allowable, properly licensed recycling faCilities,
(7) Monitor the transport, disposal. and recycling components of subparagraphs 5 and 6
Immediately above In order to ensure proper compliance,
(8) Have in place and Implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (I) timely
evaluallon of the enVIronmental conditions at and around the site of a closed ctandestlne
laboratory and (II) coordination with the responsible party, property owner, or others to
ensure that any reSidual contamination is remediated, If necessary, and In accordance
with existing State and Federal requirements; and
(9) Included among the personnel involved In seizing of clandestine methamphetamine
laboratories, or have Immediate access 10, qualified personnel who can respond to the
potential health needs of any offender(s)' children or other children present or living at
the seized laboratory site Response actions should Include, at a minimum and as
necessary, taking children into proteclive custody, immediately testing them for
methamphetamine tOXICity, and arranging for any necessary follow-up medical tests.
examinations or health care
Page 13
--,~.-~-
-
16J4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FlOrida Department of Law Enforcement
43, Limited English Proficiency
National origin diSCrimination Includes diScrimination on the basIs of limited English profiCiency
(LEP) To ensure compliance With Title VI and the Safe Streets Act, recipients are required to
take reasonable steps to ensure that LEP persons have meaningful access to their programs
Meaningful access may entail proViding language assistance services, including oral and written
translation when necessary The U S, Department of Justice has issued guidance to assist
agencies to comply with Title VI requirements The gUidance document can be accessed on the
Internet at www lep,gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by
writing to the follOWing address'
Office for CIVil Rights
Office of Justice Programs
US Department of Justice
810 Seventh Street NW, Eighth Floor
Washington, DC 20531
44. The Coastal Barrier Resources Act
The subgrantee will comply and assure the compliance of all contractors With the proviSions of
the Coastal Barner Resources Act (P,L 97-348) dated October 19,1982 (16 USC 3501 et seq,)
which prohibits the expenditure of most new Federal funds within the units of the Coastal Barner
Resources System,
45. Enhancement of Security
If funds are used for enhanCing security, the subgrant recipient agrees to
a Have an adequate process to assess the impact of any enhancement of a school security
measure that IS undertaken on the incidence of crime In the geographic area where the
enhancement is undertaken
b, Conduct such an assessment with respect to each such enhancement, and, submit to the
Department the aforementioned assessment in its Final Pr09ram Report
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrantee assures that the facilities under ItS ownership, lease or supenvision which shall be
utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating
Facllilies and that it will nolify the Department 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
47. Flood Disaster Protection Act
The subgrantee will comply With Section 102(a) of the Flood Disaster Protection Act of 1973,
Public Law 93-234, 87 Stat 975, requiring that the purchase of flood Insurance in communities
where such Insurance is available as a condition of the receipt of any federal financial assistance
for construction or acquISition purposes for use In any area that has been Identified as an area
having special flood hazards
48. National Historic Preservation Act
The subgrantee Will assist the Department In its compliance with Section 10601 the National
HistOriC Preserva!lon Act of 1966 as amended (16 USC 470), Executive Order 11593, and the
SFY 2008
Page 14
fir If":: il/'\l:;: (ro" il,.../,..,nllr ?nl1'il
16J4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 el seq) by (a) consulting
With the State Historic Presenvatlon Officer as necessarj, to Identlf; 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 Department 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
49. Omnibus Crime Control and Safe Streets Act
The subgrantee will comply and assure the compliance of all 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 Program Financial and Administrative
GUide for Grants, and alt other applicable State and Federal laws, orders, CIrculars, or
regulations
50. Public Safety Officers' Health Benefits Provision
The recipient has certified It is in compliance with the Public Safety Officers' Health Benefits
Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act (Pub L No 107-77) and agrees to remain in
compliance dUring the life of the grant This provISion requires that the unit of local government
which employs a publiC safety officer (as defined by Section 1204 of Title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended) to afford such publiC safety officer who retires
or IS separated from serJice due to injury suffered as a direct and prox'lmate result of a personal
Injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as
such terms are defined by State law) With the same or beller level of health insurance benefits at
the time of retirement or separation as the officer received while employed by the jUrisdiction If
the reCipient demonstrates noncompliance dUring the life of the grant, 10 percent of the award
amount must be returned to the granior
51. Human Research Subjects
Grantee agrees to comply With the requirements of 28 CFR part 46 and all Office of Justice
Programs poliCies and procedures regarding the protection of human research subjects, including
obtainment of Institutional ReView Board approval, if appropriate. and subject Informed consent.
52. National Information Exchange Model specifications
.To support public safety and Justice information sharing, OJP requires the grantee 10 use the
National Information Exchange Model (NIEM) specifications and guidelines for this particular
grant, Grantee shall publish and make available Without restllctlon all schemas generated as a
result of thiS grant to the component registry as speCified In the guidelines, For more Informalion
on compliance with this condition, v,islt http//www niemqovllmplementatlonqUldephp
53. Reporting, Data Cotlection and Evaluation
The subgrant recipient agrees to comply With all reporting, data collection and evaluation
requirements, as preSCribed by the BJA in the program guidance for the Justice ASSistance Grant
(JAG) Compliance With these requirements Will be monitored by BJA
54. Privacy Certification
The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable
to collection, use, and revelation of data or information and that are In accordance With
requirements of Confidentiality of Identifiable Research and Statlslicallnformalion (28 C F,R Part
22 and, in particular, section 2223, Privacy Certification)
SFY 2008
Page 15
nr 1'-: -I'VI'<:; rr~lI nrf(1hpr ?nn51
16J4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
If an award is made for a project which has a research or statistical component under which
Information Idenllflable 10 a private person will be collected, the subgrant recipient agrees to
Project plans will be designed to preserve anonymity of private persons to whom Information
relates, including, where appropriate, name-stripping, coding of data, or other Similar
procedures,
2 Project findings and reports prepared for dissemination will nol contain Information which can
reasonably be expected to be identifiable to a private person
3 A log will be maintained Indicating that identifiable data have been transmitted to persons other
than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor slaff or subcontractors, that such
data have been returned. or that alternallve arrangements have been agreed upon for future
maintenance of such data,
4, A description of the project containing assurance by the applicant that:
(1) Data identifiable to a private person will not be used or revealed
(2) Access to data will be limited to those employees having a need and that such persons
shall be adVised of and agree In writing to comply with these regulations
(3) All subcontracts which require access to Identifiable data will contain conditions meeting the
requirements
5, Any private persons from whom Identifiable data are collected or obtained, either orally or by
means of written questionnaire, shall be advised that the data will only be used or revealed for
research or statistical purposes and that compliance with requests for informallon is not
mandatory, Where the notification requirement IS to be waived, a Justification must be Included
in the Privacy Certificate
6 Descnbe the precautions that will be taken to insure administrative and physical security of
Identifiable data,
55, State Information Technology Point of Contact
The subgrant recipient agrees to ensure that the State Information Technoiogy Point of Contact
receives written notification regarding any information technology project funded by this grant
during the obligation and expenditures penod, ThiS is to facilitate communication among local
and state governmental entities regarding various information technology projects being
conducted with these granl funds, In addition, the recipient agrees to maintain an administrative
file documenting the meeting of thiS requirement: For a list of State Information Technology
Points of Contact, go to http'//www olP usdoi qov/eclstates htm
56. Interstate Connectivity
To avoid duplicating eXisting networks or IT systems in any initiatives funded by BJA for law
enforcement information sharing systems which Involve Interstate connectivity between
JUrisdictions, such systems shall employ, to the extent pOSSible. existing networks as the
communication backbone to achieve interstate connectivity, unless the subgrant recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would
Impair the functionality of an eXisting or proposed IT system
57. Supplanting
The recipient agrees that federal funds under this award will be used to supplement but not
supplant state or local funds
SFY 2008
Rule Reference 110-9,006
Page 16
OCJG-005 (rev Oelober ,2005)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. 6 J 5 .~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documenls should be hand delivered to the Board omcc. The completed routing slip and original
documents afC to be fixwarded to the Board OtTicc onl~ }lftcr the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate tor additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion afthe Chairman's sii!Dalure, draw a line throUlW routine. lines #1 throucll #4, conmlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
; {List in routin!!: order'
1.
2.
3.
4.
S. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Courl's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who createdJprcpared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infoonation. All original documents needing the BCC Chairman's signature are to be delivered to lhe BCe office only after the BCe has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
....,.-'
Phone Number
lqS~ C{3'1l"
\ l{J~S
\
Yes
(Initial)
N/A (Not
A licable)
Agenda Item Number
Number of Original
Documents Attached
~
\0jb
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised \.26.05. Revised 2.24.05
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, mnst be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully execnted by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Heable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be ware of our deadlines!
The document was approved by the BCC on',' oe ~ - (enter date) aod all changes
made during the meeting have been incorporat d in he attached document. The
Coun Attorne's Office has reviewed the chan es, if a lieable.
2.
3.
4.
5.
6.
MEMORANDUM
Date:
May 22, 2007
To:
Joyce Houran, Grants Coordinator
Collier County Sheriffs Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Re: Resolution 2007-134
Enclosed please find a copy of the above referenced document, (Agenda
Item #16J5) adopted by the Board of County Commissioners on Tuesday,
May 22, 2007.
If you should have any questions, please contact me at: 774-8406.
Thank you
Enclosures( I)
16J5 ~'''1
16J5 .'~
RESOLUTION NO. 2007- ~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF
ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT
WHEREAS, Subsection 365.171 (13), Florida Statutes, provides that a county may impose a fee for
charges for "911" service and equipment to be paid by local exchange subscribers on an individual
exchange basis at a rate not to exceed fifty cents ($.50) per month per access line; and
WHEREAS, The Board of County Commissioners of Collier County, Florida, deems it appropriate
and in furtherance of public health, safety and welfare to access a fee for the enhanced "911" telephone
service availability in Collier County.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. Pursuant to Subsection 365.171 (13), Florida Statutes, there is hereby imposed against local
exchange subscribers a local option fee for the provision of enhance "911" emergency telephone
service and equipment in Collier County. This fee shall be adjusted annually to cover allowable
expenses as described in Subsection 365.171 (13(a)(6), Florida Statutes. For the period of October 1,
2007 through September 30, 2008, the fee will be $ .50 cents per subscriber per access line.
2. The County requests that the telephone company (exchange telephone service provider) providing
enhanced "911" service and equipment to Collier County collect from its subscribers within Collier County,
the local option fee assessed by this Resolution and remit those fees to Collier County.
3. Said telephone company, pursuant to Subsection 365.171(13)(c), Florida Statutes, may retain as an
administrative fee an amount of one percent (1 %) of the total "911" fees actually collected by said telephone
company.
4. Money in reserve is being carried forward to provide for capital improvements listed in Subsection
365.171(13)(a)(3), Florida Statutes. Additional money from fiscal year 2007 revenues to be added to
the total reserves shall not exceed ten percent (10%) of such fees billed for the 2006 fiscal year. The
cumulative reserves are to pay for projected expansion and replacement of E911 equipment and
service features described in Subsection 365.171(a)(13)(6), Florida Statutes. All carry forward reserves
shall be administered in accordance with Subsection 365.171(13), Florida Statutes.
This Resolution adopted on the 22nd day of
majority vote for adoption.
May
, 2007, after motion, second and
',,",
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
Bv~m
JAM COLETTA, Chairman
ATTEST:
DWIGHT E. BRQlCK?C\erk
, '.'
.- . , f. , .7
By:Itiu 1': ~ ~,',J,w ~.( .
, Dep CI~liR,'
A~ .'~~"fl"llln s
sfqn~tu"4! on1.'
Approved as to form and
legal sufficiency:
Thom~lm?J~'
Assistant County Attorney
Item# l \0 =rc:;-
Agenda L::.- 2'2 -^l
Date ::..J. U
~:~~d S--n -OJ
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
@7A
To: Clerk to the Board: Please place the following as a:
~ Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Dept/ Div: Engineering Services, Community Development & Environmental Services
Person: Stephen Higgins
Date: 4/3012007
Petition No. (If none, give brief description): A VPLA T-2007-AR-11489
Petitioner: (Name & Address): Stock Development, LLC, 4501 Tamiami Trait, Naples Florida 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
John Scott Rhodes, Rhodes & Rhodes Land Surveying Inc., 1440 Railhead Boulevard, Naples Florida 34110
Hearing before X BCC BZA Other
~i((
Requested Hearing date: (Based on advertisement appearin~ J. J before hearing):' 1 , '", ('''' I .
H~'f \~ ~ H~ W, 'lCOl
Newspaper(s)to be used: (Complete only if important):
~ Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: See Resolution
Companion petition(s), if any & proposed hearing date: nla
Does Petition Fee include advertising cost? ~ Yes 0 No If Yes, what account should be charged for advertising costs:
131-138327-649100
Reviewed by: Thomas Kuck
~~,i&1
5/1/0;
Division Administrator or Designee
Date
List Attachments:
Executive Summary -Copy
~eS.ol\Jtibn
2tltl7:AR-t1489 with exhibits - Copy
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE O'J1:..Y:
Date Received: 5-T D1
Date of Public hearing: 5- ~ 2. -1)/ Date Advertised: .;i-13 6 5-'2.0-- Ol
I
17A
RESOLUTION NO. 07-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVPLAT-2007-AR-11489,
DISCLAIMING, RENOUNCING, AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION
OF THE COMBINED LAKE MAINTENANCE EASEMENT,
DRAINAGE EASEMENT, AND IRRIGATION EASEMENT
LYING OVER TRACT "B", PRESTWICK PLACE, A
SUBDIVISION AS RECORDED IN PLAT BOOK 46, PAGES 9
THROUGH 14 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, SITUATED IN SECTION 28, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
AND BEING PARTICULARLY DESCRIBED IN EXHIBIT 'A'.
WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner,
Stock Development, LLC, has requested vacation of a portion of the combined
lake maintenance easement, drainage easement, and irrigation easement lying
over Tract "B", Prestwick Place, a subdivision as recorded in Plat Book 46,
Pages 9 through 14 of the Public Records of Collier County, Florida, situated in
Section 28, Township 50 South, Range 26 East, Collier County, Florida, as
specifically described in Exhibit 'A'; and
WHEREAS, the Board has this day held a public hearing to consider
Petitioner's request, and notice of said public hearing was given as required by
law; and
WHEREAS, the granting of Petitioner's request will not adversely affect
the ownership or right of convenient access of other property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in that portion of the combined lake maintenance easement, drainage easement,
and irrigation easement, as specifically described in Exhibit 'A' is hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the
Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board
I is hereby directed to record a certified copy of this Resolution in the Official
Records of Collier County, Florida; and to make proper notation of this vacation
on the recorded plat as referenced above.
This Resolution adopted after motion, second and majority vote favoring
same, this day of ,2007.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and legal
sufficien: t
q
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17A
Rhodes & Rhodes Land Surveying, Inc.
Professional Surveyors & Mappers
List of abutting owners
OWNERS Description
STOCK DEVELOPMENT LLC. LOT 6' 6167 DOGLEG DRIVE' FOLO # 68470000708
LOT 7' 6173 DOGLEG DRIVE' FOLO # 68470000724
LOT 8' 6177 DOGLEG DRIVE' FOLO # 68470000740
LOT 10' 6180 DOGLEG DRIVE' FOLO # 68470000782
LOT 11 , 6176 DOGLEG DRIVE , FOLO # 68470000805
LOT 12' 6172 DOGLEG DRIVE 'FOLO # 68470000821
LEGACY AT LEL Y RESORT TRACT E PRESTWICK PLACE NO SITE ADDRESS
FOLO # 68470000106
AVPLAT-2007-AR_11489 REV: 1
PRESTWICK PLACE
Project: 2003060023
Date: 3/28/07 DUE: 4/10/07
listofabuttingpropc:rty~2_doc
1440 Rail Head Blvd, 51e, # t
Naples, FL 34103
Ph #: 239-593-0570
Fax #: 239-593-0581
17A
March 13,2007
Arthur L. Bateman
Legacy At Lely Resort, INC.
2245 Venitian Court Bldg. 4
Naples, FI 34109
Re: Vacating part of Tract B
Prestwick Place
I the undersign agree to no objection to the vacating part of Tract B, Prestwick Place, Plat
Book 46, Pages 9 through 14 of the documents here an attached.
~Jk/ rbwv
Arthur L Bateman
AVPLAT_2007-AR-11489 REV: 1
PRESTWICK PLACE
Project: 2003060023
Date: 3/28/07 DUE: 4/10/07
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May 4, 2007
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: AVPLAT-2007-AR-11489
Dear Legals:
Please advertise the above referenced notice on Sunday, May 13, 2007 and again
on Sunday, May 20, 2007. Kindly send the Affidavits of Publication, in duplicate,
together with charges involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O.lAccount # 131-138327-649100
17A
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, May 22, 2007 in the
Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin
at 9:00 A.M.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION AVPLAT-2007-AR-11489, DISCLAIMING,
RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A
PORTION OF THE COMBINED LAKE MAINTENANCE EASEMENT, DRAINAGE EASEMENT,
AND IRRIGATION EASEMENT LYING OVER TRACT UB", PRESTWICK PLACE, A
SUBDIVISION AS RECORDED IN PLAT BOOK 46, PAGES 9 THROUGH 14 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 28,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING
PARTICULARLY DESCRIBED IN EXHIBIT UA".
NOTE: All Persons wishing to speak on any agenda item must register with
the County Administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any item.
The selection of an individual to speak on behalf of an organization or
group is encouraged. If recognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
Coupty-ofG01,lier
CLERK OF T-HB-(jlRCUIT COURT
COLLIER COUNTY CpURTt,.OUSE
3301 TAMIAMI TRAIL EA'ST
P.O. BOX4ia044
NAPLES, FLORIDA~,1101-3044
1/
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
May 4, 2007
Stock Development, LLC
450 I Tamiami Trail
Naples, FL 34103
Re: Petition A VPLAT-2007-AR-11489
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 13, 2007 and
again on the following Sunday, May 20, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~~O-{
Ann Jennejoh~, f
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierc1erk@clerk.collier.fl.us
17A
Dwight E. Brock
Clerk of Courts
CUijpty()fColJier
CLERK OF THE G1RCUIT COURT
COLLIER COUNTY QoURT~OUSE
3301 TAMIAMI niAIL EA~T
P.O. BOX 4i~044\.
NAPLES, FLORIDA~ftI01-3d44
y/
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
May 4, 2007
John Scott Rhodes
Rhodes & Rhodes Land Surveying, Inc.
1440 Railhead Boulevard
Naples, FL 34110
Re: Petition A VPLAT-2007-AR-11489
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 13, 2007 and
again on the following Sunday, May 20, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~{).C.
Ann JennejoS1n, a
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Wcbsite: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerklalclerk.collier.fl.us
17A
Dwight E. Brock
Clerk of Courts
CUlJJltyofCoUier
CLERK OF j"HEGIRCQIT COURT
COLLIER COUNTY CpURTl'j,OUSE
3301 TAMIAMI T~IL EA~;T
P.O. BOX 4~~044 .
NAPLES, FLORIDA~.41O 1-3044
.,
\'1'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
May 4, 2007
Arthur L. Bateman
Legacy at Lely Resort, Inc.
2245 Venitian Court, Bldg. 4
Naples, FL 34109
Re: Petition A VPLAT-2007-AR-11489
Dear Property Owner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 13, 2007 and
again on the following Sunday, May 20, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~tO(.
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.colIier.fl.us
Fax - (239) 775-2755
Email: colIierc1erklaic1erk.colIier.fl.us
17A
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
A VPLA T -2007 -AR-11489
Attachments:
A VPLA T -2007 -AR-11489.doc; A VPLA T -2007 -AR-11489.doc
Good Afternoon,
Please advertise the attached twice: once Sunday May 13, 2007 and again on the following
Sunday, May 20, 2007.
~
Thank you,
AVPLAT-2007-AR-l
1489.doc (24 K...
AVPLAT-2007-AR-l
1489.doc (22 K...
Ann Jennejohn
Clerk to the Board
Minutes & Records Department
774-8406
(ann.jennejohn@clerk.coll ier. f I.us)
1
17A
Ann P. Jennejohn
From:
Sent:
To:
Subject:
ClerkPostmaster
Friday, May 04, 2007 4:43 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT128279.txt; AVPLAT-2007-AR-11489
I~
~
~1
L:::J
ATT128279.txl
(229 B)
AVPLAT-2007-AR-1
1489
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients I but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
A VPLAT-2007-AR-11489
17 A'age 1 of!
Ann P. Jennejohn
From: Perrell, Pam [paperrell@naplesnews.comJ
Sent: Monday, May 07, 2007 8:43 AM
To: Ann P. Jennejohn
Subject: RE: AVPLAT-2007-AR-11489
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.comj
Posted At: Friday, May 04, 2007 4:42 PM
Posted To: Legals - NDN
Conversation: A VPLAT -2007-AR-11489
Subject: AVPLAT-2007-AR-11489
Good Afternoon,
Please advertise the attached twice: once Sunday May 13, 2007 and again on the following Sunday,
May 20, 2007.
Thank you,
<<AVPLAT-2007-AR-11489.doc>> <<AVPLAT-2007-AR-11489.doc>>
Ann J ennejohn
Clerk to the Board
Minutes & Records Department
774-8406
(ann.j ennejohn@c1erk.collier.fl.us)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records
request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
5/7/2007
17A
EXECUTIVE SUMMARY
Recommendation to approve Petition AVPLAT-2007-AR-11489, disclaiming, renouncing,
and vacating the County's and the Public's interest in a portion of a combined Lake
Maintenance Easement, Drainage Easement, and Irrigation Easement lying over Tract
"B", Prestwick Place, a subdivision as recorded in Plat Book 46, Pages 9 through 14 of
the Public Records of Collier County, Florida, situated in Section 28, Township 50 South,
Range 26 East, Collier County, Florida, and being more particularly described in Exhibit
"Au.
OBJECTIVE:
To adopt a resolution to vacate a portion of a combined Lake Maintenance Easement, Drainage
Easement, and Irrigation Easement lying over Tract "B", Prestwick Place, a subdivision as
recorded in Plat Book 46, Pages 9 through 14 of the Public Records of Collier County, Florida,
situated in Section 28, Township 50 South, Range 26 East, Collier County, Florida, and being
more particularly described in Exhibit "A".
CONSIDERATIONS:
Petition AVPLAT-2007-AR-11489, has been received by the Engineering Services Department
from John Scott Rhodes of Rhodes & Rhodes Land Surveyors, Inc., as agent for the petitioner,
Stock Development, LLC. The applicant has also submitted for a "Lot Line Adjustment" without
objection. To clear title issues, and in conjunction with the "Lot Line Adjustment", the underlying
easements over the specific area of adjustment must be removed.
The area being considered is a triangular piece of land, along the arc of a circle being 3.1 feet
wide on the westerly side extending to 0.0 feet at the easterly terminus. The length of the arc is
23.0 feet. Based upon information submitted by the surveyor, 20.3 feet of unrestricted area will
be maintained between the pool deck and the lake control line if the vacation is granted. This
meets the South Florida Water Management District's permit requirement for 20 feet minimum.
The proposed encroachment was created by a communication failure between the builder and
the professional preparing the site plan for permit submission. The house was set back from the
curb line to create room for parking in the driveway, but incorrect building and pool envelope
size information was used. The house construction is nearly complete, and the proposed
vacation is to address the proposed pool construction.
Staff's review brought out the consideration for a proposed encroachment and requesting the
vacation approval before the fact, or proceeding with construction and trying to work out an
acceptable solution after the fact. There was concern that the documentation submitted for
review showed the house as proposed, although later it was revealed that the house is nearly
complete. The location of the easement was platted from the original lake proposed location,
but the lake was constructed to a slightly different configuration in this area. After much
discussion, the decision was made for staff to recommend approval of this easement vacation
since the minimum lake maintenance area was provided. The alternative of constructing a
smaller pool, in accordance with the information shown on the site plan, was discussed, but this
would probably affect the commitments made in the pre-construction sale of the house.
17A
The application meets all other requirements of engineering review.
Letters of no objection have been received from applicable divisions/entities.
FISCAL IMPACT:
Engineering Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which
covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
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 County Attorney's Office has reviewed and approved the Resolution and associated legal
documents.
RECOMMENDATIONS:
Adopt the Resolution for Petition AVPLAT-2007-AR-11489, to vacate a portion of a combined
Lake Maintenance Easement, Drainage Easement, and Irrigation Easement over Tract "B",
Prestwick Place, a subdivision as recorded in Plat Book 46, Pages 9 through 14 of the Public
Records of Collier County, Florida, situated in Section 28, Township 50 South, Range 26 East,
Collier County, Florida, and being more particularly described in Exhibit "A".
Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a
certified copy of the Resolution in the Public Records.
PREPARED BY:
Stephen A. Higgins P.S.M., Land Surveyor
Engineering Services Department
Retn:
CLBRK TO THB BOARD
INTBROIIICB 4TH ILOOR
BIT 7240
4023643 OR: 4234 PG: 1643
RBCORDBD in the OIIICIAL RBCORDS of COLLIBR COUNTY, IL
OS/25/2007 at 09:18AM DWIGHT B. BROCK, CLBRK
RBC lEE 27.00
RESOLUTION NO. 07.135
17 A
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVPLAT.2007.AR.11489,
DISCLAIMING, RENOUNCING, AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION
OF THE COMBINED LAKE MAINTENANCE EASEMENT,
DRAINAGE EASEMENT, AND IRRIGATION EASEMENT
LYING OVER TRACT "B", PRESTWICK PLACE, A
SUBDIVISION AS RECORDED IN PLAT BOOK 46, PAGES 9
THROUGH 14 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, SITUATED IN SECTION 28, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
AND BEING PARTICULARLY DESCRIBED IN EXHIBIT 'A'.
WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner,
Stock Development, LLC, has requested vacation of a portion of the combined
lake maintenance easement, drainage easement, and irrigation easement lying
over Tract "B", Prestwick Place, a subdivision as recorded in Plat Book 46,
Pages 9 through 14 of the Public Records of Collier County, Florida, situated in
Section 28, Township 50 South, Range 26 East, Collier County, Florida, as
specifically described in Exhibit 'A'; and
WHEREAS, the Board has this day held a public hearing to consider
Petitioner's request, and notice of said public hearing was given as required by
law; and
WHEREAS, the granting of Petitioner's request will not adversely affect
the ownership or right of convenient access of other property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in that portion of the combined lake maintenance easement, drainage easement,
and irrigation easement, as specifically described in Exhibit 'A' is hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the
Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board
is hereby directed to record a certified copy of this Resolution in the Official
Records of Collier County, Florida; and to make proper notation of this vacation
on the recorded plat as referenced above.
This Resolution adopted after motion, second and majority vote favoring
same, this :2.)... day of ~ ,2007.
a
DATE: Wi4 26.,aDl)i-
ATTEST:
~~~~,BROCK, ~~L.
~ Attest .a~411"11141l s
stonllture on1'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JA COLETTA, CHAIRMAN
Approved as to form and legal
sufficien: ~
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17C
COLUER COUNTY FWRIDA
REQUEST FOR LEGAL ADVERTISING OF PUBUC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
.**......**.************.***********.*****************************************************
Originating Dept/Div: Comm.Dev.Serv.lPtanningPerson: Carolina Valera C. eJ, Date: ..3..e8. O{
Petition No. (If none, give brief description): CU-2005-AR-8900, Rose Apple Stable
Petitioner: (Name & Address): Goodlette, Coleman, And Johnson, PA, Rich Yovanovich
400 I North Tamiami Trail, Suite 3, Naptes, Fl. 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Williams, Paul & Ruth, 256 Rose Apple Lane, Naples, FL 34114
Hearing before BCC
BZA
Other
Requested Hearing date:
5/1.-1-l ~ Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Comptete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CU-2005-AR-8900. Paul and Ruth
Williams, represented by Rich Yovanovich. Esquire, of Goodlette. Coleman & Johnson, P.A., requesting a
Conditional Use (CU) per LDC Section 2.04.03 for a horse stable facility in the Agricultural (A) zoning district. The
subject property, consisting of 3.52 acres, is located at 256 Rose Apple Lane, in Section 23, Township SO South,
Range 26 East, Collier County, Ftorida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
costs:
131-t38326-649100
No If Yes, what account sbould be charged for advertising
Reviewed by:
~ . · #1 Yh./~ f/3/o/-
epartment Head Date
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and ohtain Division Head
approval before submitting to County Manager. Note: If legal document is involved, be sure that any
necessary legal review, or request for same, is submitted to County Attorney before submitting to County
Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Olliee
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
************.*********.****.......*.**********************.*******************************
FORCLERK'S8FnPl{J~EONLY: C-IA::> 17<: t:..-IJ _ I /L
Date Received: ~Date of Public hearing: ~Date Advertised: ~V'r
-<
.;
RESOLUTION frl-_
A RESOLUTION OF TIlE BOARD OF ZONING APPEALS,
OF COLUER COUNTY, FWRIDA. PROVIDING FOil TIn!
ESTABLISHMENT OF A CONDmONAL USE TO ALLOW
STABLING ON 3.52+ ACRES OF LAND WITHIN TIlE
RURAL AGRICULTI1RAL (A) ZONING DISTRICT
PURSUANT TO TIlE COInER COUNTY LAND
DEVELOPMENT CODE, SECTION 2.04.03, TABLE 2, FOR
PROPERTY LOCATED AT 256 ROSE APPLE LANE, IN
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLII!R COUNTY, FLORIDA.
._~
I
WHEREAS, the Legi&talure of the Stale of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Ftorida Statutes, has conferred on Collier County the power to
e8blblish, comdinaleand eofo:ree zoning and such busin... regulations as are necessary for the
proleclion of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance estabtishing
regulation. for the zoning ofpmicutar geographic divisions of the County, among which is the
granting of Conditional U...; and
WHEREAS, the Board of Zoning Appeal., being the duly appointed and constiluled
planning board fur the ..... hereby affected, has held a public heoring after notice as in said
"'gulations made and provided, and has considon:d the advisability of . Conditional Use to
allow Stabling in 3.52:t acres of land within the Rural Agricultunl (A) zoning district pUIllUant
to Land Development Code, Section 2.04.03, Table 2, on the property hereafler deacribed, and
the Collier County Planning Commill8ion has found as a mailer of fuet (Exhibit "A") that
.alisfactory provision and ammgement have been made concerning all applicable malleI1l
required by aaid roguIations and in accordance with Suboection 1O.00.00.D. of the Land
Development Code; and
WHEREAS, all intereated parties have been given ,opportunity to be heanl by this
Board in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLUER COUNTY, FLORIDA, that:
The petition, CU-2005-AR-ll900, filed by Richard D. Y ovanovich, Esq., of Good1ette,
Coleman, & Johnson, P.A, representing with respect to the propa:1y located 81256 Rose Apple
Lane, hereinafter described in Exhibit "8" attached hereto and incorporated hy reference
herein, be and the same is hereby approved for a Condilionat Use in the Rurat Agricultural (A)
zoning district to allow Stabling per SOCIion 2.04.03 "Tabte 2" of the Land Development Code
(LDC) in accordaru:e with the Conceptual Pion (EJ<hibil"C") and subjeol to the conditions set
forth in Exhibit "0," attached hereto and incotporaled herein by reference.
Pagot of2
-'
BE IT FURTHER RESOL VBD 1hat this Resolution be xecorded in the minutes of this
Board.
This Rcoolution "'opted aft... motion. second and supcr-majority vote this
day of
.2007.
A1TEST:
DWIGHT E. BROCK. C1...k
BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA
By:
By:
. Deputy Clodr.
lAMES COLETTA, Chaimum
Approved as to fonn
and] c'
County Attonwy
CU-2005--AR-B9OI)CV/ap
Attachm<:nts:
Exhibit ^' Collier County PIamring Commission Findings of Fact
Exhibit B: Legal Dc:acription
Exbibit C: Conditional Use Conceptual Site Plan
Exbibit D: Condiliolll of Approval
Page 2 of2
17C ~1
...iI_________
17C q
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-8900
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
- -
A. Consistency with the Land Development Code and Growth Management Plan:
,Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case offrre or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
CHAIRMAN:
EXHIBIT A
"
17C
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-8900
The following facts are found:
I. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes _No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
'No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
MEMBER:
EXHIBIT A
17C
LEGAL DESCRIPTIONS
o
Folio #00435880lf2"'/
The South 264 feet of the North 462 feet of the West V, of the West V, of the S W Y. of the
SE v.. of Section 23, Township 50 south, Range 26 East, Collier County, Florida.
Folio #00435920001
The North V, of the West V, of the West V, of the SW y.. of the SE y.. of Section 23,
Township 50 South, Range 26 East, Collier COtUlty, Florida, less the North 462 feet; the
Easterly 30 feet reserved for an Ingress and Egress Easement and utility purposes which,
Easement is hereby granted to all future owners of property situated, lying and being in
the W V, of SW v.. of SE y.. of Section 23, Township 50 South, Range 26 East, Collier
County, Florida
EXHIBIT B
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17GI
CONDITIONS OF APPROVAL
CU-2005-AR-8900
1. The use is limited to what is depicted on the conceptual site plan identified as "Conditional
Use 2005-AR-8900 Conceptual Plan" prepared by Q. Grady Minor and Associates, P.A.,
dated October, 2006, except as further conditioned below.
2. No variances from any LDC requirements have been granted as part of the acceptance of the
subject site plan.
EXHIBIT D
13A2
RESOLUTION NO. ,2000. ~
A RESOLlJI10N PROVIDING FOR THE
ESTABLISHMENT OF CONDmONAL USE ''24'' IN THE
"A" RURAL AGRiCULTURAL ZONING DISTRICT
PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE POR PROPERTY
LOCATED IN SECTION 23, TOWNSHIP SO SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67.1246, Laws of Florida, and
Chapter 125. Florida S~tcs. has conferred on Collier County the power to establish, coorrlinatc and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County purauant thereto bas adopted a Land Dovelopment Code (Ordinance
No. 91-I02) which include:!l a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uscs; and
WHEREAS, the Collier County Ptanning Commission, being the duly appointed and
COIl5titutcd planning board for the area hereby affected. has held & public hearing after notice as in .said
regulations made and provided, and has considered the advisability of Conditional Use "24" of Section
2.2,2.3. in an "A" Rural Agricultural Zone for a horse stable on a parcel of less than 20 acres on the
property hcreinaftcr described. and baa found as a matter of f'act (Exhibit "A") that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with SubsectioD 2.7.4.4 of the Land Development Code for the Collier
County Planning Commission; and
WHEREAS. all interested parties have been given opportunity to be heard by this Board in a
public meeting lUIscmbled and the Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
.Collier County, Florida that:
The petition filed by Judith A. Innc.s, with. respect to the propcrt)' hereinafter described as:
Exhibit "B" which is attached hereto and incaIparated by reference herein
be and the same is hereby approved for Conditional Use "24" of Section 2.2.2.3. of the "A" Rural
Agricultural Zoning District for a horse stable on a parcel aftosa than 20 acreS in accordance with the
Conceptual Master Plan (Exhibit "C").
-1-
l7C Ij,V~,
17C
13A2.
BE IT FURTHER RESOL\lED that this Resolution be recorded in the minutes oflhis Board.
This Resolution adopted after motion, second and majority 'Yote.
Done this ~ day of ~....".. e.L..(,../ .2000,
Attlst IS to Chllnaan's
st,PAtu~ ool,~
"'~~''-'"''''
/ ,;A:.l .l;P~.._';..r::_"
i ' DWlGFtt'ij.a,lt6!::K, Clerk
L , -'~ "'/ !:,A'~" j
:.; "':'''-'..,' .', -.;," .
--4;'~;"'#~ 42<1.
BOARD OF ZONJNG APPEALS
COLLIERCOUNTY~)
BY: 2
JAMES D. ARTER, PhD., CHAIRMAN
Approved lIS to Fonn and
Legal Sufficiency:
~..>:/() (lk,,,,..k
~e M. Studcn
Assistant County Attorney
~U-2000-ISI RESOLUTlONIFJ./im
-2-
,
17C
,>
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.
13A2
J
FINDING OFFACf
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-100ll-15
The following facts are found:
1. Section 2.2.2.3.24 of the Land Development Code authorized !he conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other properly or uses10 the same district or neighborhood because of:
A.
Consistency with the Lan~elopment Code and Growth Management Plan:
Yes No_
B. Ingress and egress to property and proposed structures thereon with psrticular
reference to automotive and pedestrian safety and convenience, 1raffic flow and control,
and access in case of fire or calU1rophe:
Adequate ingress & Jl!I"""
Yes.fL-No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: /"
~ No affect or _ Affect mitigsted by
_ Affect csnoot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within ~ct
VesLNo_
Based on the above findings, this conditional ose should, with stipulations, (copy attached)
(~ be recommended for IIpproval
-#-
DATE: //-/#-c?t7
EXHIBIT 1'1\ I'
~T'.A- ISJmClINOor'M:r~
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.,~~:~::t:. S.'. No..
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~",e ' Dat.wl'len t.Y~N SCO'M', a .1ngh WeIr.Ar.;-,nntor, t.~ -~UDI!rK A. INNES. II
cazllad woman, vbo.. addr'~' lD ~.O. Box 13BG, ~reo talana.
Plort~. J]969, 9r.Dt~e.
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OR BOOK
Prop.rty Appraiser'. P~tcal
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001281
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W1~SSBr3, THAT. '~MntOr for .nd in eon.l~RratIQn of th~ &~m
ot ten d~ll.E', ~o hi~ in haft4 paid by 9faftt.... the receipt
whereot 15 ber,by .c~nowl.d..4, ba. 9r.nt~. bargained, D"d sol~
to grwnt.., bit ~.lrs and ~..i9na fOr~Yer, th~ fOl1o.1~q 4e.c~ibed
l~nd, situate. Lyin~ an4 beLnq in the Caun~y ot Collier, State ot
Plor1d4. to witr
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Tbe .o~th 1'8 f.et of tbo no~th ~62 i.oe of tb.
...t 1/2 of the welt 1/2 of tbe loutnw..t 1/4 ot
ftoutb...t 1/4 of .~tion 23. ~own.hlP 50 sauth.
Jt oaat, Collier County, Plorida.
Subjact to ..eemente, ,a~trlction.. reservations of
feCDl''', ta.XCG tor the yellr 1909 l)tl4 Iiubtequcnt ~'ellt'a.
7
with B..t!'llltt Bank oS: tlop!e"
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And gtontor doc. h.,eby l~llV war.rant tho title tQ the lend .n~
v!ll defend the .... .9.ina~ eb. l&w:ul clA~~. af all p.~aanc
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IN M1!WP.SS ~, gf.n~or ha. b.reunt~ aet his h~nd enc
aeal ch. dat~ fit.~ above written.
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lI.utnol1nd in the Cnunty ,leon.aid to tl::~G1 aotnawhdg1ulnt.,
p.t~anally DpptD~ed LrlN SCOTT. to me kaovn to be th4 per~
d..a:ibed In Ind WhO exocuttd the torofoift9 lnatru&.n~ and fr.
acknowl.~god betore ze thae they ax-=utod the .oao. ~~
Wl'fRB8S .Y hand and ofl1au1 a.01--.10 t"he stata And coul~J. ' . , 1~'3 1 B
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Exhibit
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01851049
GOWER COUNTY
9HUG 15 PiJ 2'.07
RECORDED
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THIO 1""_. mo..o thlo Inti.. day at ~ ,190',
1:letltWlln LOlOI1I IOGER MASH, . 8i~n, who.. " 0 .1ce ad.cl:...
lIC 262 Ro,. AIi',pl* t.1l'M:, "Napl..., rlar1dll. U9Sl. of t.t)e. cn"n~y of
C~~li.c, St.~. of florida, O~.ntcrl and ~ITH A. %".1, a .Lagle
woaa~. whoso loclal aecurity ftUNbGr t.s $8'-03-8336, who.. poet
ofUe. "dU.._ be 266 Re.. Apple LaM, .apl.l, J'larlda 33tU,
ar the c~,nty of CDll~D~, Stat. of Flcridft, Ar~nt...
ll1'I'KYl!IZ'1'II1
That IDid ar~~~or, tor and in con.l~~.t1on ot the .um of ~n
."d J4~/1IJO OOUII't"1'I (SlO.DO), and o~h.~ 9004 .1'Icl valuable
cONlict.ratlan to ..1~ Gr.ntor 1n hand paid by .a.s.eS orant..., tn.
_01r. whereof U hani..y ackl\DWl~d., a.. pant". Brgd__a and
.old a 'Ute .ald aralLt.., ..nd. Ch:.nt..'. beL.::. and ...1.pII tor....r.
toM follDW1.n9 dela,db.d lan.:'. d't.uau, lylng and be.1ng: 1n Cell!er
CCWl-ey, .10r14., ta-vl1a
'rhe Harth 132 bet of P&:'C" .0. . .1 por that. cert.<lin
a.m:~Z'de4 a\1rWy clat..,s XUch. 2'j. 1972, ~d. by WUk-boa.
~ .~ of th. w..t 1/2 of ~ SW 1,~ of the S. 1/. ot 84atlon
23, TCWnlh1.p 50 Scnlt.h, .anv_ 25 I..t:., C,;...'u._r County, Pla:C'ida,
lIOn parUcularly d..cribec:l .. follcnltll
The 8ou~h 132 f..~ of the .ozth 26' f..t of ~h. .a.~ 1/2 of
the ....t. 1/2 at the SOl.lthwa.t l/4 of 'the BoutM..t 1/4 of
S.ot.~cn. 23, Town.hip '0 louth, Jlan;a 2' 'Eut., Collier Count.y,
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aubdlv,U.1.onl 011, qa. ..n.cl aJ,1W:ral 1ntor...u of X'lIQorcl U an.y:
21onln9 .nd u.. rellt.rlcd,onl Utpoa.11 by (lClveZ'NMntal au.t.hlU'ltYI
t.u.. for toM Clu,rrent. yeai'.
Property I.D. Hwaber. 00436120004
aM ...Ld. Grantor don herCilby fully warrAnt t.M Utlo to ntcl land,
aDd ..111 defet"l.d the lame aqainlt t.b. la"ful cla1.1ftll of all penoftll
vhClllllaOIYar.
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17G
April I I, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-200S-AR-8900, Rose Apple Stable
Dear Legals:
Please advertise the above referenced notice on Sunday, May 6, 2007 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.lAccount # 131-138326-649100
17C
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, May 22,
2007, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
The Board will consider Petition: CU-2005-AR-8900, A RESOLUTION OF
THE BOARD OF ZONING APPEALS, OF COLLIER COUNTY, FLORIDA, PROVIDING
FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW STABLING ON
3.52 + / - ACRES OF LAND WITHIN THE RURAL AGRICULTURAL (A) ZONING
DISTRICT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE,
SECTION 2.04.03, TABLE 2, FOR PROPERTY LOCATED AT 256 ROSE APPLE
LANE, IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA
Petition: CU-2005-AR-8900, Paul and Ruth Williams, represented by
Rich Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A.,
requesting a Conditional Use (CU) per LDC Section 2.04.03 for a
horse stable facility in the Agricultural (A) zoning district. The
subject property, consisting of 3.52 acres, is located at 256 Rose
Apple Lane, in Section 23, Township 50 South, Range 26 East,
Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
17C
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17C
Dwight E. Brock
Clerk of Courts
GOIJ,jityofCoUier
CLERK OF TIiECIRCUIT COURT
COLLIER COUNTY CoURTl'f"oUSE
3301 TAMIAMI T~IL EA'ST
P.O. BOX 4t~044 \
NAPLES, FLORIDA~,4101-3044
\:/
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 10, 2007
Goodlette, Coleman & Johnson P.A.
Rich Y ovanovich
4001 North Tamiami Tr., Ste 3
Naples, FL 34103
Re: Petition CU-2005-AR-8900, Rose Apple Stable
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 6, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
/J;:tL ~
Martha Vergara, De~
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.t1.us
Fax - (239) 775-2755
Email: collierc1erk(QJ,c1erk.collier.t1.us
17C
Dwight E. Brock
Clerk of Courts
GrilJ,JlfyofC(!)llier
CLERK OF TH'B(JIRCDIT COURT
COLLIER COUNTY PURTttOUSE
3301 TAMIAMI T1,(AIL EAtT
P.O. BOX 4f~044 '.
NAPLES, FLORIDA"~$101-3d44
~/
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 10, 2007
I
..-,7
,
Paul & Ruth Williams
256 Rose Apple Lane
Naples, FL 34114
Re: Petition CU-2005-AR-8900, Rose Apple Stable
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 6, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
/h:zL-~
Martha Vergara, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.cIerk.collier.fl.us
Fax - (239) 775-2755
Email: colliercIerk@cIerk.collier.fl.us
17C
Martha S. Vergara
From:
Sent:
To:
Subject:
ClerkPostmaster
Wednesday, April 11 , 2007 11 :56 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT09096.txt; CU-2005-AR-8900 - Rose Apple Stable
.,~-
~
B
ATT09096.txt (231 :U-2005-AR-8900 -
B) Rose Apple 5...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
1 ZgL ofl ,
Martha S. Vergara
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Wednesday, April 11 ,20072:21 PM
To: Martha S. Vergara
Subject: RE: CU-2005-AR-8900 - Rose Apple Stable
OK
From: Martha S. Vergara [mailto:Martha.Vergara@c1erk.collier.f1.us]
Posted At: Wednesday, April 11, 2007 12:02 PM
Posted To: Legals - NDN
Conversation: CU-200S-AR-8900 - Rose Apple Stable
Subject: CU-200S-AR-8900 - Rose Apple Stable
Pam,
Here is the attachment. .. Sorry
Martha Vergara
Deputy Clerk - BMR
239-732-2646 ext. 7240
Under Florida Law, e-mail addresses are public records. lfyou do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
4/11/2007
NAPLES DAILY l\EWS
Pubhshcd Dally
Naples. FL 1-1] 02
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they ser,e as Ihe authority, personally
appeared B. LamQ. who on oath say's that they
serve as the Assistant Corporate Secretary of the Naples Daily.
a daily newspaper published at Naples. 111 Cather County_
Florida~ distributed in Collier and Lee counties of floricta: that
the attached copy of the advertising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on May (,'h 2007
.\fYiant further says that the said !\aplcs ])ail~ \:C\\S is a nc\\Spapcf
published at 'apks. in said Colli..;r County. Florida. and thaI the said
nc:w~,papcr has h.::rctofofc been continuously puhlished in said Collie!
CqUnly. Florida: distrihuh:d in Collier and I,CiC counti..:s of Florida.
..:ach da~ and has b...Cll entered as s~c()nd ..:lass mail rnatkr at th.: post
olli..:..: in '\aples, in said Colli<:r County. Florida, fl)r a p.:riod of I
y.:ar n':.xt preceding the lirsl puhlicatiun of the attached copY" of
ad\ et1is.:ml.'nt: and afliant further says that 11..: has neither paid nor
promised any person, firm or corporation any discounL rebate:.
commissipll or rdLmd for the pllrpose of securing this ad\'crtiscment for
rHhl""'",,, 'Hi}"d n~ __m_~__
( Signature of affiant)
Sworn to and subscribed before me
This (,,), day' of May 21107
( I \ \: tl d1 LLI 1 )lWL!}J"-..R~\
(Signature ofnntary public)
,,'~';i\~'J.~;?" Chonel A. McDonald ,,'
f":.~''l,\ ";~~':. MY COMMISSION # DD21020:, [:.)1'"
,0. !!~\ ., 200'
:c..,: ,~_:-<:E June 29, .
:;~*~(~~~~,.: BONDED THRUTROYf/1:~ IN'.;ur;;,j-iCI,
FEI 59-2578127
.111 '..1'
-"....
co-m,AiJ!<<"
PlJ8l,IC HWltNQ
Hoth:e I. hereby liIlven
ItlllI the IlOord .._
Commlsstoners ofebr.
Iler county wilt hokl a
=~t~~'~E"":;
.oal1lroom; i,.!. ,
AdmInlltratlon au
Cbm.r ,County ,Qovern"
ment Center. n01East
1ro"i~I~~I~,'.
wlllbeglnat~
17C
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exceotion of the Chainnan's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Iuitials Date
(List in routine: order)
1. Judy Puig CDES
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oCthe addressees above, including Sue Filson needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item.)
Name of Primary Staff Ray Bellows, Zoning Manager Phone Number 403-2467
Contact
Agenda Date Item was May 22, 2007 Agenda Item Number 17 c..
Approved bv the BCC
Type of Document Resolution 01-131- Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the date of BCC approval ofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 5-22-07 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iieable.
Yes
(Initial)
2.
3.
4.
5.
6.
K)
\26
rr
1':1
P"1
\.,--)
r-)~~,
F~-'
K3
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date: June 12, 2007
To: Raymond V. Bellows, Planner
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2007-137
(CU-OS-AR-8900)
Enclosed please find one copy of the document as referenced above,
Agenda Item #17C, approved by the Board of County Commissioners
on Tuesday, June 12, 2007.
I f you should have any questions, please contact me at 774-8411.
Thank you.
Enclosures
17C
17iC
RESOLUTION 07--D.L
A RESOLUTION OF THE BOARD OF ZONING APPEALS,
OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
STABLING ON 3.52:!: ACRES OF LAND WITHIN THE
RURAL AGRICULTURAL (A) ZONING DISTRICT
PURSUANT TO THE COLLIER COUNTY LAND
DEVELOPMENT CODE, SECTION 2.04.03, TABLE 2, FOR
PROPERTY LOCATED AT 256 ROSE APPLE LANE, IN
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
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 ofthe public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41) 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, 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 has considered the advisability of a Conditional Use to
allow Stabling in 3.52:!: acres ofland within the Rural Agricultural (A) zoning district pursuant
to Land Development Code, Section 2.04.03, Table 2, 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 conceming all applicable matters
required by said regulations and in accordance with Subsection lO.08.00.D. of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
The petition, CU-2005-AR-8900, filed by Richard D. Yovanovich, Esq., of Goodlette,
Coleman, & Johnson, P.A., representing with respect to the property located at 256 Rose Apple
Lane, hereinafter described in Exhibit "B" attached hereto and incorporated by reference
herein, be and the same is hereby approved for a Conditional Use in the Rural Agricultural (A)
zoning district to allow Stabling per Section 2.04.03 "Table 2" of the Land Development Code
(LDC) in accordance with the Conceptual Plan (Exhibit "C") and subject to the conditions set
forth in Exhibit "D," attached hereto and incorporated herein by reference.
Page 1 of2
17[:
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 this 2 L ND
day of rn~
,2007.
ATTEST:
DW~'~@.~Of::K, Clerk
~~'~~W,S1c; he
AtL.t '.... '.;;'J. . ,.,' .', Deputy Clerk
l>eS .tS "~:"'\I041r'it4n .
S j Qrla,t.ureon 1. /
, ,',' r,'.....
Appro~ed asta' form
and I al su ficie cy'
BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA
Byd-:g{~"
Jeffrey . Klatzk
Manag g Assist County Attomey
CU-2005-AR-8900/CV /sp
Attaclunents:
Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan
Exhibit D: Conditions of Approval
Item # -' ':J C.
f,rJOr,da c(2-"" 1r5f'
D2te ~
I. \3t~_, 1~/l ;>..,10:1-
.f)~. ~,~-
Page 2 of2
L_."._.__n"".
.17(1
tJ
FINDING OF FACf
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
(
CU-200S-AR-8900
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes /' No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
(
Adequate ingress &; egress
Yes /NO_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes /' No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: L{..-( c., -.::>'1
CHAIRMAN:
(
exHIBIT A
17r
(
FINDING OF FACT
BY
. COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU.2005-AR-8900
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same <listrict or neighborhood because
of:
A.
Consistency with ~d Development Code and Growth Management Plan:
YesL No_
.',
B,
Ingress and egress to property and' proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
(
Adequate ingress}' egress
Yes-,L.. No_
C.
Affects neighboring properties in relation to noise, glare, economic or odor
effecy
-L No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes /NO_
Based on the above findings, this conditional use should, with stiPula/('~tac~ecl).
recommended for approval to the Board of Zoning Appeals. k~~'
DATE: 7'-1!-rJ? MEMBER: r
(
EXHIBIT A
If~~ ~ r {/ Jt1./l1r:r J
t,
(
l7C
FINDING OFFACf
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
The following facts are found:
CU-2005-AR-8900
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
'f'-/~-O? MEMBE~r- ~ ~~ r
-
(
DATE:
A.
Consistency with the Land Development Code and Growth Management Plan:
Yes IC No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes;(:. No
C.
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or ~ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No_
~
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-8900
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes / No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fIre or catastrophe:
Adequate ingress.J: egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effec~
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible US7in district
Yes_ No_
Based on the above fIndings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
~
DATE:
EXHIBIT A
/,
l?C
.
(
(
(
. .. .
17C
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-200S-AR-8900
The following facts are found:
I. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of flI'C or catastrophe:
(
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect canoot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes~ No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 4. /1- t) 7
MEMBER:
J:~
(
EXHIBIT A
l?C .,
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-200S-AR-8900
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management PllU1:
Yes V' No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
(
Adequate ingress & egress
Yes /No
C.
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
U- No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes-.J No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:-:LJI'1 /01 MEMBE~~
(
EXHIBIT A
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
17C
CU-2005-AR-8900
The following facts are found:
I. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency wi~e Land Development Code and Growth Management Plan:
Yes-1 No_
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
(
Adequate ingress & egress
Yes / No
C.
Affects neighboring properties in relation to noise, glare, economic or odor
effec,:
-.1 No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No_
Based on the above findings, this conditional use should, .th stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeal . , ~
DATE: 0 MEMBER: ,{..vVf.
(
EXHIBIT A
17C
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-200S-AR-8900
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with the Land Development Code and Growth Management Plan:
Yes~ No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
(
Adequate ingress & egress
Yes V No
C.
Affects neighboring properties in relation to noise, glare, economic or odor
effects :
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes II No
Based on the above findings, this conditional use should, with s pulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: tin/;
MEMBER:
(
EXHIBIT A
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
17r
CU-200S-AR-8900
The following facts are found:
I. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A.
Consistency with the Land Development Code and Growth Management Plan:
Yes / No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
(
Adequate ingress & egress
Yes~ No
C.
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes tI No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
(
DATE: 1//1/01
f
MEMBER: A1h7na.., (J trL, ~
exHIBIT A
LEGAL DESCRIPTIONS
17C
~
Folio #00435880002
The South 264 feet of the North 462 feet of the West Yz of the West Yz of the SW 1/t of the
SE y. of Section 23, Township 50 south, Range 26 East, Collier County, Florida.
Folio #00435920001
The North Yz of the West Yz of the West Yz of the SW Y. of the SE Y. of Section 23,
Township 50 South, Range 26 East, Collier County, Florida, less the North 462 feet; the
Easterly 30 feet reserved for an Ingress and Egress Easement and utility purposes which
Easement is hereby granted to all future owners of property situated, lying and being in
the W Yz of SW Y. of SE Y. of Section 23, Township 50 South, Range 26 East, Collier
County, Florida.
EXHIBIT B
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CONDITIONS OF APPROVAL
CU-2005-AR-8900
l?'~
...I
1. The use is limited to what is depicted on the conceptual site plan identified as "Conditional
Use 2005-AR-8900 Conceptual Plan" prepared by Q. Grady Minor and Associates, P.A.,
dated October, 2006, except as further conditioned below.
2. No variances from any LDC requirements have been granted as part of the acceptance of the
subject site plan.
EXHIBIT 0
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to~tbe Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.) ~
******************************************************w*.... ~**********************..**.
Originating Dept! Div: Comm. Dev .Serv.! Planning Person: Nancy Gundla ,A P Date: +3 r 07
Petition No. (If none, give brief description): CU-2006-AR-II034
Petitioner: (Name & Address): Gulfshore Engineering, Joss Nageon De Lestang, 2375 Tamiami Trail North, Suite 207, Naples, FL
34103
Name & Address of any person(s) to be notified by Cterk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
Mav 22. 2007
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include tegal description & common location & Size: Petition: CU-2006-AR-II034. Naples Bridge Center, Inc.,
represented by Joss Nageon de Lestang, P.E., of Gulfshore Engineering, Inc., requesting a Conditional Use of Estates (E) zoning
district pursuant to Table 2, Section 2.04.03 of the Land Development Code (LDC). The 2.5" acre Estate zoned site was originally
approved under Provisional Use Resolution 80-128 on July g, 1980 for a social organization consisting of a 2610 square foot
building and a parking lot of 70 parking spaces and subsequently expanded under Conditional Use Resolution 94-424 on June 14,
1994, for a social organization consisting of a 3,500 square foot building and a parking lot of 83 parking spaces. The proposal is for
an expansion to permit an additional 3,500 square feet of floor area and an additional 50 parking spaces. The subject property is
located at 5865 Golden Gate Parkway, in Golden Gate Estates Unit 30, Section 29, Township 49 South, Range 26 East, Collier
County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
131-138326-649100
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~ Lfh. )~~
/Department Head
Approved by:
t-Jh 10 7
Date '
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division bead to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************
FOR CLERK'jT~;~SE ONLY:
Date Received: , -1 Date of Public hearing: s'12--1.- J cf1--oate Advertised: ~Ji~,.l f;'~-
RESOLUTION 07-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
EXPANSION OF AN EXISTING CONDmONAL USE WHICH
ALLOWS A SOCIAL CLUB IN THE ESTATES ZONING
DISTRlCl' PURSUANT TO S'ECI'ION 1.04.03, TABLE 1, OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR
PROPERTY KNOWN AS THE NAPLES BRIDGE CENTER,
LOCATED AT 5865 GOLDEN GATE PARKWAY IN SEcnON
19, TOWNSmP 47 SOUTH, RANGE 16 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Olapter 67-1146, Laws of
Florida. BOd Chapter 125. Florida Statullls, has conferred on Collier County the power to
estab~ coordinate and ea.force zoning and such business regulations 88 arc necessary for
the protection of the public; IU1d
WHEREAS. the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 1004-41. as amended) which ineludes a Comprehensive Zoning Ordinance
establishing regulatiOlllll for the zoning of particular gcoil'apmc divisions of the County.
among which is the gnmling of Conditional Uses; and
WHEREAS, hy Resolution No. 8G-128. a copy of which i. attached hereto .. Exhibit
"A." the Board of CoWlty Commissionm approved a Provisional Use for the establishment
of the Naples Bridge Club pum18llt to Section 14-lD of the then-cum:m Zoning Regulations,
subject to a number of conditioDSj and
WHEREAS, by lWlotution No. 94-424. a copy of which is attached hereto .. Exhibit
''B.' the Boord of Zoning Appeals of Collier County approved . Conditional Use for the
expansion of the Naples Bridge Center in aooordance with a conceptual master Plan. subject
to B number of conditions; and
WHEREAS. the Naples Bridge Cent.... Inc., bas filed Petition No. CU-2006-AR-
11034, requesting an expansion to the existing conditional use to a1tow a building addition of
3.SOO square feel sod SO additional parking spaces; and
WHEREAS. the Board of z"ning Appeals, being the duly appointed and conslituted
planning boud for the area hereby affected, bas held . public heating after notice as in said
regulations made and provided. and h.. conaidcred the sdvisahility of allowing this requested
explU1sion of the existing Conditional Use pursuant to Section 2.04.03. Table 2 of the Collier
County Land Development Code in the Estates zoning district on the property hereinafter
described. and the Collier County Ptsnning Commission bas foand as a matter of fact
(Exhibit "C") that aatisfactory provision and arrangemenl have been made concerning aU
applicable _ required by aaid resuJatioDB and in acoordance with Subsection
10.08.oo.D. of the Land Devclopmc:nt Code; and
Page I of2
m
'l'
.
WHElU!AS, all intmaIt.ed puti.. baye _ given opportwlity to be hoard by Ibi.
Board in a public moeting aaaomblod and the Board haYing CODSidClrod alll1lllltoo:a presented.
NOW, TIIEREFORE, BE IT RBSOL VED by the Board of Zonin8 Appeals of Collier
County, Florida, thlll:
PoIitiOD CU-Z20-AR-I1034, tiled by 10.. Nogoon de l.as!aIl& P.E. of Gulfshore
~ Inc., rcproaenting tho Naple. Bridge Center, Inc., with rapcct to tho property
hOllliDallor _bed in Exhibit ''0," is b<aobyapproved fur a Conditional Uoe p\D'Suant to
Sootion 2.04.03, Table 2 of tho ColUer County Land Development Code in tho Eatate.
Zoning DiatricI, fur a oocial club in accordau<:c with the ConcoplUa1 Site PI", attachecI hereto
.. Exbibit "8," oubj... to tho p9'0Yioualy roquiml conditiODB BOt forth in Resolution No. 80-
128 and RoooIution No. 94-424, copi.. of wblcb are attached hereto, together with Ibe
conditiooa lOt forth in Exbibit "F" attached hcrcto and incorporated by ref""""", herein.
BEIT FURTIlER RESOLVED that this Reaolution boteby suporsodea and replaces
both Roaolution No. 8()"128 and Resolution No. 94-424, excepting tho conditions sot forth
therein, which are incorporatod by reforonco into Ibis Resolution, and that tho remainder of
Reaolution No. 80-128 and Resotution No. 94-424 are IU:COrdingly repealed.
BE IT FURTIlER RBSOL VED that this Reaolution be recorded in tho minut<:a of this
Board.
Thia Resolution adopIod alba- motion, socond and super-mejority yolA:, Ibis _ day of
.2007.
ATTEST:
DWIGHT B. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY. FLORIDA
,By:
By:
lAMES COLETIA, Chairman
,Deputy Clerk
Page 2 of2
17D
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R-80-12 8
q;-,-'-I'.lSD
c. .
~.E SO.L U T .I.O N
JilL 10 19B\)
DeD
,
RELATING '1'0 PETITION NO. Pu-BO-4C..
FOR PROVISIONAL USE OF PROPERTY. HERE-
INAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA.
WHEREAS, tqe Legislature 'of the State. of Florida in
Chapter 125 and ~63, Florida statutes, haS conferred on all
counties in Florida the power to establish, coo~dinate and
enforce zoning and such business regulations as are neqessary.
for the protection 9f the ~ublic; ~nd
WHEREAS, the County pursuant there~o has adopted a
comprehensive Zoning Ordinance estab~ishing regu~at~ons for
the zoning of partic~~ar geographic_divisions of the county,
among which is the granting of provisional use~; and
WHEREAS, the coastal Area planning commission j' ~eing the
duly appointed and constituted planning board for th~ _~rea
hereby affected, has he~d.a.pub~~c hearing after notice as in
said regu~ations made arid. provided, and has considered the ad-
o
visabi1ity bf provisional Use
the property hereinafter described, and has found as a matter
of fact that satisfactory provision and arrangero~nt has been
made concerning a~~ app~icable matters required QY said regula-
tions and in accordance with 'section" . 14-1D of .the 'zoning Regu-
6.
in a r
,
E'
zone for
lations for the Coastal Area flanning District: and
WHEREAS, all interested parties have been given opportuhity
to be heard by this Board in public meeting assembled and
the ~oard having"considered all matters presented~
commissioners of Co~lier county,Florida, that tne petition of.
NOW, THEREFORE BE IT RESOLVED, by the Board of county
with respect to the property hereinafter described as:
Naples Bridge Club
East. 15'0 feet of Tract 75, Unit 30, Gold'en Gate Estates
as described in plat Book 7, page 57, public Records of
collier county, Florida
EXHIBIT "A"
Four Pages
.. _.t: ")
1-7-lJ--
--,
!
be and the same i~ he~eby a~proved for provisional Use
6
of
the
E
zoning distr;l,.ot for a social club
subject to the fo11owi?g conditions:
(SEE. ATTACHED)
BE IT FURTHE~ RESOLVED that this resolution be recorded
in the minutes of this Board.
commissioner
.l\,...n'W11
offered the foregoing resolu-
tion and m~ved its adoption, seconded py commissar
and upon roll call, the vote was:
Himer
AYES:
Commissioners -Brown. Wimer and Pis tor
NAYS:
Commi.ssionera -Archer 'and Wenzel
ABSEFT AND NOT VOTING: None
ABSTENTION: None
. Done this
8th
day of
Ju~y
, ~9 80
BOARD OF COUNTY. COMMISSIONERS
COLLIER COUNT1," FLORIDA
BY:
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17D
ATTACMENT ~
1. public water required..
2.' comp1y with fire codes and hydrant$o
I 3. Final site drainage plan shall be submitted to
county Engineer for review and approval.
4. All signs shall be approved by the zoning Director.
S. -p;r.:oV'isiona1 use expires one year from d:ate of approval
unless construction has commenced. .
6. Any e~pansion requires site p*an approval.
See R-80-~28
~.
178
! ~
1i
RESOLUTION 94-.i.u
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE "2" IN THE "E" ESTATES ZONING
DIS'l'IUCT PURSUANT TO SuBSECTION 2.2.3.3 OF THE
COLLID COUN'l'Y LAND DEVELOPIlEIlT CODE FOR PROPERTY
LOCATED IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE
26 EAST r COLL:nm. COUNTY, FLORIDA.
WHEREAS, the Leqislature ot the Stat. ot Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Plorida statutes, has
eonfarred on Collier County the power to establi~h, coo~dlnate 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~ 91-102) which includes a
comprehenaive Zoning Ordinance e8tab~i.hin9 regulations tor the
zoning ot particular geographic divisions of the Oounty, amonq
which is the granting ot Conditional Uses; and
WHEREAS, the Collier County Planning commission, be~ng the
duly appointed and constituted pl.anninq board for t.he area hereby
affected, has held a public hearinq atter notice as in said
re.gulations made and provided, and has considered. the adviSAbility
of Conditional Use "2" o~ Subsect.ion 2_2.3_3' in a.n "Z" Estates zone:
for a social orqanlzation on the proparty hareinatter described,
and. has found as a matter ot: tact (Exhibit "An) that satisfactory
provision and arran9ement has been made concerninq all applicable
mattera required by said regulations and in acoordance with
Subsection 2.7.4.4 otthe Land Dsvelop:ent Code for the Collier
county Planning commissionj and
WHEREAS, all interested part i.. have been givQn opportunity to
be heard by th!. Board in a publio meeting assembled and the Board
having considered. all matters presented.
NOW, THEREFORE Ba IT RESOLVED, BY THE BOARD OF ZONING APPEALS
ot Co11ier County, Florida that:
-1-
EXHIBIT "B"
FOUR PAGES
The pe~ition filad by Fred Rathgaberrepresentinq Naples
Bridqe Center, Inc., with respect to the property. hereinafter
described as:
The East 150 feet of Tract 75, Unit 30, Golden Gate Estat..,
accordinq to the Plat thereof, aa recorded in Plat Book 1,
Paqe 58, ot the Public Records of Collier County, Plorida.
be and. the same is hereby approved .for Conditional Use 112" o:t
Subsection 2.2.3.3 of the itER Estat.es zoning district tor expansion
of the Naples Bridge Center in accordance with the conoeptual
Master Plan (Exhibit "B") and s.ubject. to th.. followinq conditions:
1. Tbe Current Planning Managar may approve minor chanqes
in the location, .iting, or heiqht ot buildings,
structuras, and improvement. au~oriz.d by the
Conditional Use. Expansion of the us.. identiried and
approved within this Conditional 0.. application, or
maj or chanqes to the ai ta plan aubDi ttect .s part or
thi. application, shall require the submittal or a new
conditional Use application, and ahall comply with all
applicable County ord~nanc.. in etfect at the time o~
submittal, includinq Division 3.3, Site Development
Plan Review and approval, or the Collier County Land
Development Coda (Ordinance No. 9~-102).
2. This project shall be roquirect ~o ...t all county
ordinanoes in etf_at at the ti.. tinal construction
dOCUlDenta are sul:1.llitta4 for development approval.
3. netailed. pavinq, qrading, site drl!linaq8, and utility
plana ahall ba submitted to Project Plan Review for
review. No oonstruction permits ahall b. i..ued
unl_. and. until approval ot the propose.d construction
in accordancQ with the .ubait~.d plana i. qranted by
Project Plan Review.
... Prior to site Development Plan approval, a letter rrOJl
the Collier County Publio Health Onl~ approving the
axistinq septio sy.~am capacity shall ba provided to
Project Plan RevieW.
5. All native veqetation (i.e., pine., palmetto., atc.)
tha~ fall within the interior landecape island8 or can
be retained ror exterior or perimeter island. shall b.
retained.
6. No new median openinq. cn Golden Gat.e Parkway shall be
provided. to aarve this projeet:.
7. Arteria~ level street liqhtinq shall be provided by
the Petitioner at the project entrance prior to the
issuance of a C.rtitioate of Ocoupancy tor the
expanded bul1din~.
B. A minimum radius of 50 feet shall b. provided at both
sides ot the entrance drive. Collier county
Transportation Services re.arv.. the right to require
an aaditlonal westbound riqht turn lane if warranted
by operational conditions.
-2-
17D
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9. An additiona1 40 t@et of depth along the entire
trontage of the subjeot proparty shall be reserved tor
future road riqht-o~-way purpo.... No expansion ot
the exi.~in9 drainfield aha11 be permitted within the
40 fee~ of depth.
10. Per tha Collie.r County Land Development. Code, all
prohibited exotic species shall be removed from the
site prior to the issuance ot A Certificate o~
Occupancy.
11. The proposed draft wall shall provide a minimum ot 500
qal10ns per zinute of water tlow (Reference: NFPA 1231
and Collier County Ordinance No. 92-72).
12. The Naples Bridge Center, Inc., shall not lease the
faci~ities which are the SUbject of this Conditional
Use to other orqani:atlona for a purpose different
than that which is the purpose of the Naples Brid98
center, rnc., in ita articles of Ineorporat~on.
13. The Maple. Bridge center, Inc., aqr.es to participate
in the cost at conctructlnq an ad.qua~a potabla water
distribution transmission line a10nq Golden Gate
Parkway at such time as Collier county undertake. such
a capital projact.
BB IT FUR~ RESOLVED that this Resolution ba recorded in the
minutes o:t this Board.
Commissioner
Norris
oftered the foreqoinq
Resolution and moved for it. adoption, .econded by Commi.sioner
Volnp
and upon roll. 0811, t:he vote was:
AYES: Commissioner NQ~ri.~ Commissioner Volpe~ Commissioner Saund.rs~
Commissioner Matthews and Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Dona this
14th
day ot
June
, 1994.
"'. ".U'A'llg
~~~;~i~f~~ .
ttwIGHT.~:E"::\ BR.qcKT'; CLERK
:: "~., , ~ ;::~,,: .::". ;, . '>,',. .
. .:jii.qp.'!~Y dJ,'"
Pr$"...,.,i .".""" , f.G-
,.;~~~~;;r~\ ~C' PORM AND
LEGAL:s1'#FICIENCY:
.. ...~. ...
CHAIRMAN
7nr~..(.i... 111. /Jr"~/",,d
MARJ E M. STUDENT
ASSISTANT COUNTY AT'l'ORNEY
CU-93-~3 RESOLUTION/11693
-3-
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17D
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FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-lI034
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2.
3. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighb.orhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon. with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
CHAlRMAN:
EXHIBIT "e"
-~
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-l1034
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditioilal use should, with stipulations, (copy attached)
(should not) be reco=ended for approval.
DATE:
MEMBER:
EXHIBIT "e"
.
17D
LEGAL DESCRIPTION:
PR[]PERTY DESCRIPTION
(O.R 1574, PG. 943)
THE EAST..150 FEET OF TRACT 75; .GOLDEN GATE ESTATES, UNIT 30, ACCORDING TO
. PLAT iN PLAT BOOK 7, PAGE 58, .PUBLlC RECORDS OF COLLIER COUNTY, FLORIDA.
CONT AINING 2.04 ACRES, MORE DR LESS,
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
EXHIBIT "D"
_ ____1__
PROPERTY
UN'
RESIDENTIAL
[ESTATES.E-ZONlNGJ '~F~.~
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VEQfiATION
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CONDITIONS FOR APPROVAL
FOR
CU-2006-AR-l1034
1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as
"Naples Bridge Center Conditional Use Conceptual Site Plan," prepared by Gulfshore
Engineering, Inc., dated February 9, 2007. The site plan noted is conceptual in nature for
conditional use approval. The final design must be in compliance with all applicable
federal, state and county laws and regulations. The Department of Zoning and Land
Development Review Director may approve minor changes in the location, siting, or height
of buildings, structures, and improvements authorized by this conditional use, so long as
these minor changes remain consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use approval, or major
changes to the approved plan, shall require the submittal of a new conditional use
application, and shall comply with all applicable County ordinances in effect at the time of
submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval,
of the Collier County Land Development Code, Ordinance 04-41, as amended.
3. The Naples Bridge Center, Inc. shall not lease the facilities which are the subject of this
Conditional Use to other organizations for a purpose different than that which is the purpose
of the Naples Bridge Center, Inc., in its' articles of incorporation.
4. The applicant shall incorporate the outdoor lighting standards outlined in Golden Gate Area
Master Plan Policy 5.1.1 into the site plan during the SDP review process.
5. The applicant shall provide an ADA handicapped accessible route from the handicapped
parking spaces to the building and from the building to Golden Gate Parkway during the
SDP review process.
6. The applicant shall locate the dumpster a minimum of 40 feet away from any adjacent
residential property line.
EXHIBIT "F"
G: Current; Gundlach/ Conditional Uses/ Naples Bridge Center /Exhibit "F" Conditions 3-28-07
-'
17D
April 11, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2006-AR-ll034, Naples Bridge Center, Inc.
Dear Legals:
Please advertise the above referenced notice on Sunday, May 6, 2007 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O./Account # 131-138326-649100
17D
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, May 22, 2007
in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, PROVIDING FOR THE EXPANSION OF AN EXISTING CONDITIONAL
USE WHICH ALLOWS A SOCIAL CLUB IN THE ESTATES ZONING DISTRICT
PURSUANT TO SECTION 2.04.03, TABLE 2, OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, FOR PROPERTY KNOWN AS THE NAPLES BRIDGE CENTER,
LOCATED AT 5865 GOLDEN GATE PARKWAY IN SECTION 29, TOWNSHIP 47
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
Petition CU-2006-AR-II034, Naples Bridge Center, Inc., represented
by Joss Nageon de Lestang, P.E., of Gulfshore Engineering, Inc.,
requesting a Conditional Use of Estates (E) zoning district
pursuant to Table 2, Section 2.04.03 of the Land Development Code
(LDC). The 2.5 +/- acre Estate zoned site was originally approved
under Provisional Use Resolution 80-128 on July 8, 1980 for a
social organization consisting of a 2610 square foot building and
a parking lot of 70 parking spaces and subsequently expanded under
Conditional Use Resolution 94-424 on June 14, 1994, for social
organization consisting of a 3,500 square foot building and a
parking lot of 83 parking spaces. The proposal is for an expansion
to permit an additional 3,500 square feet of floor area and an
additional 50 parking spaces. The subject property is located at
5865 Golden Gate Parkway, in Golden Gate Estates Unit 30, Section
29, Township 49 South, Range 26 East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
17D
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17D
Dwight E. Brock
Clerk of Courts
COlJ,ptyofCo llier
CLERK OF T-HB CIRCUIT COURT
COLLIER COUNTY QaURTijOUSE
3301 TAMIAMI TRAIL EA~T
P.O. BOX 4i':1044
NAPLES, FLORlDA~~101-3044
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 11, 2007
Gulfshore Engineering
Joss Nageon De Lestang
2375 Tamiami Trail North
Suite 207
Naples, FL 34103
Re: Petition CD-2006-AR-ll034, Naples Bridge Center, Inc.
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 22, 2007, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 6, 2007.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK.
/~~
Martha Vergara, ~
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.coIlier.fl.us
Fax - (239) 775-2755
Email: coIlierc1erk@.c1erk.coIlier.fl.us
17D
Martha S. Vergara
From:
Sent:
To:
Subject:
ClerkPostmaster
Wednesday, April 11 , 2007 11 :58 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT09139.txt; CU-2006-AR-11034
~l
~
B
ATT09139.txt (231 CU-2006-AR-ll034
B)
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page 1 of 1
17D
Martha S. Vergara
From: Perrell, Pam [paperrell@naplesnews.com]
Sent: Wednesday, April 11 ,2007 12:22 PM
To: Martha S. Vergara
Subject: RE: CU-2006-AR-11034 - Naples Bridge Center
OK
From: Martha S. Vergara [mailto:Martha.Vergara@c1erk.collierJl.us]
Posted At: Wednesday, April 11, 2007 12:06 PM
Posted To: Legals - NDN
Conversation: CU-2006-AR-11034 - Naples Bridge Center
Subject: CU-2006-AR-11034 - Naples Bridge Center
Pam,
Ad with attachments... again.. Sorry
Martha Vergara
Deputy Clerk - BMR
239-732-2646 ex!. 7240
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
4/11/2007
:'IIAPLES DAILY NEWS
Published Da1l.
"aplcs. FL .141112
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they SCf\'C as the authority, pcrsOIwll)
appeared B. Lan]];>. who on oath sals that they
serve as the Assistant Corporate Sccrctar:. orthe Naples Daily.
a daily newspaper published at Naples. in Collier COllnty.
Plorida: distributed in Collier and Lee counties of Florida: Ih~it
the attached copy of the ad\crtising. being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
\vas published in said newspaper 1 time in the issue
OIl May 6lh 2007
\niant further says thal!h;; said Narks Daily' :\cws is a ll~\\"spaper
published at ,,"aries, in said Colli.:r County. Fl('rida, and that the said
m:wspap.:r has hcrdofore be..::n <':\)!llinuously published in s,ud Collier
CULH1t~'_ Florida: distrihut.:d in Collier and L;c ..:ountit:s of j:]orida.
ea..:h da\' and has h..:en entered as second ..:Iass mail m:Jl1cr at the post
oni..:.: in '.;:Jpks, in said Collier COllllL~", Florida. for <1 pcrind of ]
Y':::Jf n.::xt pr..:c.:ding tht: lirst puhlic:Jlioll orlh..: atta...:hed copy of
advertis<?mt:nt; and artiam further says that Ik has n.:ithcr paid nor
promised :my p<:::rsoll. lirm or corporation any disc\)unC r.::hat<:.
o:ommission or refund for the purpuse uf securing Ihis ;ldn~ftis('m.:nt for
puhli..:atiol1 in th..: said n..:wspapcr
_;J.~
( Sign[ll11fC of affiant)
Sworn to and subscribcd before mc
This (/' day of Ma. 2007
C \ n I (0 C~ \ '1 'f",,J(i_i ('dc- r
(Signature of notary public) "
".-;~~~:f.~';;:,_ Chanel A McDonald
i~~"l..".,. .? MY COMMISSION # DD210203 EXPIRES
~;;.~:A;;.:c,:: June 29, 2007
<f.p.r;,t~~'", 8mWED r~p.UT~OY FA!N INSURANCE, INC
FEI 5~-2578.127
17D
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NO'!&: ""'........-
~=.~=
ttr with the COUntY ~d.
~~...~
,fl:.W'. ',. ,Ii..:-l!i. ",:'~,1i
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tton' Of an Individual to
speak, oF' behalf of atn
_ton......... s
encouraged. If" recog-
nized by the Chtlr, a
s.pokespetson tor a
grouP or organization
may be allotted 10 mln-
utw>tO.-~- on an
~em.
Persons, wllhlng to
h..... VI r1tto=_ or hie
...terla'- Ino\ In
the_ pac:k'
ets _l"I'I:ustsubmlt uld
matorIaI a minimum of 3
weeks prIor to ttte re-
spect'" public ~:
~..... - b
ter _ JO ecle~,ta~
.h .e IU-&tnltted to
theaPpropnate County
staff a mlnknUmof sev-
en days prll;lr to the
publlO "eanna. All mo.
....1.1 used In .....n'..
tlons before: the Board
will bRome. perma-
..... pa,t .Uhe _rd.
AnY penon' who deCid-
e!! ,. _t a de<tslon
or the BOard win need &.
record of the proceed-
mea. ~rtalnlng .thereto
andthertfore'hm,'Y
need to ensure t a ,a
vert)atlm -~- of the
proceedlnal Is made.
wn'ch'F'l!=tJ.r~ InCludes
the-teltlmon~ an.d evl-
=~"lCh 'he
BDARD Of COUNTY
_OIltRS
~~,R (:;~YNTY_,
J Cl!'-t!'rTA, ~A1A.
~tIGHT E. BROCK,
I~-----,-c::,~,-""""",':-'J
ev'Martn.:v.rgara,
\!V C~ NI>1553709 \
170
MEMORANDUM
Date: May 25, 2007
To: Nancy Gundlach, Landscape Architect
Zoning and Land Development Review
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2007-138: CU-2006-AR-ll034
Naples Bridge Center, Inc.
Enclosed please find one copy of the document referenced above,
Agenda Item #17D, adopted by the Board of County Commissioners
on Tuesday, May 22, 2007. The original document is being retained
in the Minutes & Records Department.
If you should have any questions, please contact me at 774-8406.
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING sJI7 D,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item_)
4J
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of the Chairman's si nature, draw a line throu h routin lines # 1 throu h #4, com lete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Office Initials Date
List in routin order)
~
2.
CDIZ~
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Officc
s-
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bce office only after the Bee has acted to approve the
item.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column. whichever is
a ro nate.
L Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be revlewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from ~ ..~
contracts, agreements, etc. that have been fully executed by all parties except the Bee C~/
Chairman and Clerk to the Board and ossibl State Officials.
2. All handwritten strike-through and revisions have becn initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval ofthe
document or the final ne otiated contract date whichever is a Iicablc.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. ]n most cases (some contracts arc an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of Bee approvaL
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
6. The document was approved by the Bee on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The (\.
Coun Attorne'8 Office has reviewed the chan res, if a licable. ' 1(.
Phone Number
Agenda !tern Number
Number of Original
Documents Attached
'103- ?
11 D
N,A.
NA.
N/A is not
an option for
line 6.
I: Forms! County Forms! BeC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17D
.--
RESOLUTION 07- 138
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
EXPANSION OF AN EXISTING CONDITIONAL USE WHICH
ALLOWS A SOCIAL CLUB IN THE ESTATES ZONING
DISTRICT PURSUANT TO SECTION 2.04.03, TABLE 2, OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR
PROPERTY KNOWN AS THE NAPLES BRIDGE CENTER,
LOCATED AT 5865 GOLDEN GATE PARKWAY IN SECTION
29, TOWNSHIP 47 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
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, by Resolution No. 80-128, a copy of which is attached hereto as Exhibit
"A," the Board of County Commissioners approved a Provisional Use for the establishment
of the Naples Bridge Club pursuant to Section 14-ID of the then-current Zoning Regulations,
subject to a number of conditions; and
WHEREAS, by Resolution No. 94-424, a copy of which is attached hereto as Exhibit
"B," the Board of Zoning Appeals of Collier County approved a Conditional Use for the
expansion ofthe Naples Bridge Center in accordance with a conceptual master plan, subject
to a number of conditions; and
WHEREAS, the Naples Bridge Center, Inc., has filed Petition No. CU-2006-AR-
11034, requesting an expansion to the existing conditional use to allow a building addition of
3,500 square feet and 50 additional parking spaces; 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 has considered the advisability of allowing this requested
expansion of the existing Conditional Use pursuant to Section 2.04.03, Table 2 of the Collier
County Land Development Code in the Estates zoning district on the property hereinafter
described, and the Collier County Planning Commission has found as a matter of fact
(Exhibit "C") that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection
10.08.00.D. of the Land Development Code; and
Page I of2
17D
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier
County, Florida, that:
Petition CU-220-AR-II034, filed by Joss Nageon de Lastang, P.E. of Gulfshore
Engineering, Inc., representing the Naples Bridge Center, Inc., with respect to the property
hereinafter described in Exhibit "0," is hereby approved for a Conditional Use pursuant to
Section 2.04.03, Table 2 of the Collier County Land Development Code in the Estates
Zoning District, for a social club in accordance with the Conceptual Site Plan attached hereto
as Exhibit "E," subject to the previously required conditions set forth in Resolution No. 80-
128 and Resolution No. 94-424, copies of which are attached hereto, together with the
conditions set forth in Exhibit "F" attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution hereby supersedes and replaces
both Resolution No. 80-128 and Resolution No. 94-424, excepting the conditions set forth
therein, which are incorporated by reference into this Resolution, and that the remainder of
Resolution No. 80-128 and Resolution No. 94-424 are accordingly repealed.
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, this,} ;Lday of
~
,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
Atust I'
signature
B~ dd~
Ap
an
w
t County Attorney
Jeffr
Man
Item# ~
Agenda s- U ~
Date
Page 2 of2
~at~d 5-05--o(
Kec
{lLw X11< ~ ~
Deputy Clmk ~ ()
11.-80-128
17D~--' (/
[1,r'-!\..'!=['
f\ -
U E SOL U 'r.I 0 N
JlJL 10 19t1l)
RELhTINGTO PETITION NO. PU-80-4C
FOR PROVISIONAL USE OF PROPE~rY HERE-
INAFTER DESCUIBED IN COLLIER COUNTY,
FLORIDA.
DCD
Chapter 125 and 163, .F'~orida Statutes, has conferred on all
WHEREAS, the Legislature of- the State of Florida in
counties in Florida the power to establish, coordinate and
enforce zoning and such business regulations as ar-e necessary
for the protection of the public; and
comprehensive Zoning Ordinance establishing regulations for
WHEREAS, the County pursuant thereto has adopted a
the zoning of particular geographic divisions of the county,
among which is ,t.he granting of provisional use$ ; and
WHEREAS, the coastal Area planning cooonissioni being the
duly appoin"ced and constituted planning boa.rd for -t.h~ ~rea
hereby affected, haS held a.pub~ic hearing after notice as in
said regu~ations luade and prov~ded, and has considered the ad-
visability of provisional Use
the property hereinafter described, and has found as a matter
6.
in a
E
zone for
of fact that satisfactory provision and arrangement has been
made concerning a~~ app1icab~e matters required by said regu1a-
tions and in accordance with Section l4-lD of .the zoning Regu-
lations for the coastal Area ~lanning District; and
WHEREAS, a~l interested parties have been given opportunity
to he heard by this Board in public meeting assembled and
the Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, by the Board of County
commissioners of Co~~ier county,F~orida, that the petition of
Naples Bridge Club
wit.h respect to the property hereinafter described as:
East 150 feet of Tract 75, Unit 30, Golden Gate Estates
as described in plat Book 7, Page 57, Public Records of
Collier county, Florida
EXHIBIT "A"
Four Pages
n""n'p 1! of 2
17D
be and the same is hereby a~proved for provisional Use
6
of
the
E
zoning district: for a social club
subject to the following conditions:
(SEE A'l'TACHED)
BE IT FURTHER RESOLVED that this resolution be recorded
in the minutes of this Board.
tion and moved its adoption, seconded' by COIIUnisser
COIlunissioner
"P,rnT,Jll
offered the foregoing rssolu-
Himer
and upon roll call, the vote was:
COllUnissioners Brown, Himer and Fistor
AYES:
NAYS:
conunissioners-Archer and Wenzel
ABSENT AND NOT VOTING:
None
ABSTENTION: None
Done this
8th
day of
July
,B 80
BOARD OF COUNT~ COMMISSIONERS
COLLIER COUNTY, FLORIDA
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17D
A'rTACMENT ~
l~ public water required.
2. comply with fire codes and hydrants.
I 3. Final site drainage plan shall be submitted to
County Engineer for review and approval.
4. All signs.shall be approved by the zoning Director.
5. ~rovisional use expires ODe year from date of approval
unless construction has conunenced.
6. AnY expansion requires site p~an approval.
See R-80-128
17D
RESOLUTION 94-.12A
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE "2" IN THE "E" ESTATES ZONING
DISTRICT PURSUANT TO SUBSECTION 2.2.3.3 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA.
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 zoninq and such business regulations as are necessary for
the protection of the pub~ic; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a
Comprehensive Zoning ordinance establishing regulations for the
zoning of particular geographic divisions of the County, amonq
which is the granting of conditional Uses; and
WHEREAS, the Collier County Planning commission, beinq 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 has considered the advisability
of Conditional Use "2" of Subsection 2.2.3.3 in an lIEU Estates zone
for a social organization on the property hereinafter described,
and has found as a matter of fact (EXhibit "A") that satisfactory
provision and arrangement has been made concerning all applicable
matters required by said regulations and in accordance with
Subsection 2.7.4.4 of the Land Development Code for the Collier
County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to
be heard by this Board in a public meeting assembled and the Board
having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS
of Collier County, Florida that:
-1-
EXHIBIT "B"
FOUR PAGES
The petition filed by Fred Rathgeber representinq Nap~es
Bridge Center, Inc., with respect to the property hereinafter
described as:
The East 150 feet of Tract 75, Unit 30, Golden Gate Estates,
according to the Plat thereof, as recorded in Plat Book 1,
Page 58, of the Public Records of Collier County, Florida.
be and the same is hereby approved for Conditional Use "2" of
subsection 2.2.3.3 of the liE" Estates zoning district for expansion
of the Naples Bridge Center in accordance with the Conceptual
Master Plan (Exhibit "B") and subject to the followinq conditions:
1. The Current Planning Manager may approve minor changes
in the location, siting, or height of buildings,
structures, and improvements authorized by the
Conditional Use. Expansion of the uses identified and
approved within this Conditional Use application, or
major changes to the site plan submitted as part of
this application, shall require the submittal of a new
Conditional Use application, and shall comply with all
applicable County ordinances in e~fect at the time of
submittal, including Division 3.3, site Development
Plan Review and approval, of the Collier County Land
Development Code (Ordinance No. 9~-l02)~
2. This project sha~l be required to meet a~l County
ordinances in effect at the time final construction
documents are submitted tor development approval a
3a Detailed pavinq, grading, site drainaqe, and utility
p1ans shall be submitted to project Plan Review for
review. No construction permits shall be issued
unless and until approval of the proposed construction
in accordance with the submitted plans is granted by
project Plan Review.
4~ Prior to site Development Plan approval, a letter from
the Collier county PUblic Health Unit approvinq the
existinq septic systeM capacity shall be provided to
project Plan Reviewa
~. All native veqetation (i.e., pines, palmettos, etc~)
that fall within the interior landscape islands or can
be retained for exterior or perimeter islands shall be
retained a
6. No new median openings on Golden Gate Parkway shall be
provided to serve this project~
7. Arterial leve~ street ~iqhtinq sha~~ be provided by
the Petitioner at the project entrance prior to the
issuance of a Certificate of Occupancy for the
expanded building.
Ba A minimum radius of 50 feet shall be provided at both
sides of the entrance drive a Collier County
Transportation Services reserves the right to require
an additional westbound right turn lane if warranted
by operational conditions.
-2-
17D
9. An additiona1 40 feet of depth along the entire
frontage of the subject property shall be reserved far
future road right-of-way purposes. No expansion of
the existing drainfield shall be permitted within the
40 feet of depth.
10. Per the Collier County Land Development code, all
prohibited exotic species shall be removed from the
site prior to the issuance of a Certificate of
Occupancy.
11. The proposed draft well shall provide a minimum of 500
qallone per minute of water flow (Reference: NFPA 1231
and Collier County Ordinance No. 92-72).
12. The Naples Bridge center, Inc., shall not lease the
facilities which are the SUbject of this Conditiona~
Use to other organizations for a purpose different
than that which is the purpose of the Naples Bridge
Center, Inc., in its articles of incorporation.
13. The Naples Bridge Center, Inc., agrees to participate
in the cost of constructing an adequate potable water
distribution transmission line along Golden Gate
Parkway at such time as collier county undertakes such
a capital project.
BS IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
comm.issioner
Nort'is
offered the foregoing
Reso1ution and moved for its adoption, seconded by commissioner
VelDe
and upon roll call, the vote was:
AYES: Commissioner No~ris~ Commissioner Volpe~ Commisaioner Saunders~
Commissioner Matthews and Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
14th
day of
,June
, 199.4.
" "U'M10
~~2t~'31~*~'% .
DW:!:GHT:'E'~ Bii.OCKT..~ CLERK
_. . -(c, .1,.. ....
~t~;).'.S~.<' ,..4J.Cl.
i~~~~g;~~~[~~~~ AND
fr1/~.L.Th /Jr,dl"/
MAR.1 IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
BOARD~NG APPEALS
::~LI .. ;;r1 'i;"kCA
. &fHy Jij ~STANTINE, CHAIRMAN
CU-93-13 RESOLUTION/11593
-3-
17D
17D
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17D
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-l1034
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes ~ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fIre or catastrophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-00 affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL'No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: q- l Q/o1
CHAIRMAN.JJ,,12L
EXHIBIT "e" \
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION.
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-l1034
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional Use.
2. Granting the conditional use will not adversely affect the public interest and ~11
not adversely affect other property or uses in the same district or ne\ghborhoo d
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V-- No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffio flow
and control, and access in case of fIre or catastrophe:
Adequate ingr.ess & egress /
. . Yes c/ No
. C. Affects neighboring properties in relation to nDise, glare, economic or odor
effects:
/
-.L::/N 0 affect or -'- Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes JNo
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be reco=ended for approval.
DATE: y i 17 / <' ']
I
..~A',
,~/ iJ . C'"
MEMBER: ~'v..., . ~
l
EXHIBIT "G"
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION.
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-l1034
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional Use.
2. Granting the conditional use will not adversely affect the public interest and VVill
not adversely affect other property or uses in the same district or ne\ghborhoo d
because of:
A.
Consistency with the Land D/lopment Code and Growth Management Plan:
Yes-L No_
B.
Ingress and egress to property and proposed structures thereon with particUlar
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress .
Yes / No
. C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: .
. ~ affect or ----'---- Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above fmdings, this conditional use should, with stipulations,
(should not) be reconnended for approval.
DATE:
tj -'I f}1
MEMBER:
EXHIBIT "e"
A/'_rVJG..l,?i./7:7 '
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-l1034
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes~ No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes )C
No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
X No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YeX
No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
~--Ic,- 07
MEMB~
~
-
=
~~
EXHIBIT "e"
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-l1034
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A.
B.
Consistency with the Land ~velopment Code and Growth Management Plan:
YesL No_
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
/
Adequate ingress & egress /
YesL No
C.
Affect1 neighboring properties in relation to noise, glare, economic or odor
effects:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Comp,rible "eo wifuj, rut
Yes No
Based on the above findings, this conditional use should, t:.th stipulations, (copy attached)
(should not) be recommended for approval. ~
DATE: 4 \ q 0 MEMBER: Vf
EXHIBIT "e"
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU.2006.AR-l1034
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land De,4ent Code and Growth Management Plan:
YesL NO'_ .
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Ad'q""~ ingre" & ,gre,~
Yes No
- -
C. boring properties in relation to noise, glare, economic or odor
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district/
Yes ~ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: tf /" /1- () 7
MEMBER, ~
EXHIBIT "e"
, ....;.. ~,~,
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-l1034
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes J No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes ,/
No
C. Affects neighboring properties in relation to noise, glare, economic or odor
ei:
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
/
I.
Based on the above findings, this conditional use should, wit f stipulations, (copy attached)
(should not) be recommended for approval.
Compatible use within dit
Yes No
DATE:~
MEMBER:
(;,(Ijoj) ~,L'ii-l'i-~.g,-,
EXHIBIT "e"
. .. .
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-l1034
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes->/- No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
1 No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: /f./9-t1 7
.
MEMBER: ?:: 4://1/
EXHIBIT "e"
-,
17D
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2006-AR-l1034
The following facts are found:
1. Section 10.08.00 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will
not adversely affect other property or uses in the same district or neighborhood
because 0 f:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes V No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes 11
No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
II No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes 11
No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
t//1/(J1
MEMBER:
f/Jh7F7d-. ~ ~t1 ~t:v\-~
EXHIBIT "e"
LEGAL DESCRIPTION:
PROPERTY DESCRIPTION
(O.R 1574, PG. 943)
THE EAST.150 FEET OF TRACT 75,. GOLDEN GATE ESTATES, UNIT 30, ACCORDING TO
PLAT IN PLAT BOOK 7, PAGE 58, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CD NT AINING 2,04 ACRES, MORE DR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONs OF RECORD,
EXHIBIT "0"
17D
PROPERTY
UN'
TYPE -8"
1S'BUFFER
lIMITSOFEXtSTlHG
VEGETATION
(iJ
RESIDENTIAL
{EST A TES-E.ZONING]
Ut.'ITSOF
EXISTING
PAVEMENT
~
~
"
RESIDENTIAL
(EST A TES-E-ZONING]
PROPERTY
-UN'
ENCLOSEO FRONT
LOADING TRASH
DUMPSTER
...
SETBACK
WEST LINE _TRACT
75 GOLDEN GATE
ESTATES, UNIT 30.
TYPE-B"
1S'BUFFER
...-
SETBACK
".
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~
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17D
CONDITIONS FOR APPROVAL
FOR
CU-2006-AR-l1034
I. The Naples Bridge Center shall not lease the facilities which are the subject of this
Conditional Use.
2. The applicant shall incorporate the outdoor lighting standards outlined in Golden Gate Area
Master Plan Policy 5.1.1 into the site plan during the SDP review process.
3. The applicant shall locate the dumpster a minimum of 40 feet away from any adjacent
residential property line.
EXHIBIT "F"
G: Current! Gundlach{ Conditional Uses{ Naples Bridge Center {Exhibit "F" Conditions 4-23-07