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Agenda 08/14/2007 In Absentia Meeting Details Page 1 of5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA August 14, 2007 9:00 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 AGEND. ITEM TO BE ADDRESSED. ALL REGISTERED PUBLIC 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 ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITl WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECOI THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TH APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATI THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANC PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAS TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARIN IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards B. 20 Year Attendees http://bccagenda/lntranet/MeetingDetails . aspx ?meetingi d=96 8/13/2007 Meeting Details Page 2 of 5 C. 25 Year Attendees D. 30 Year Attendees E. 35 Year Attendees 4. PROCLAMATIONS 5. PRESENTATIONS 6. PUBLIC PETITIONS Item 7 af1cL8uto 1)-'1 heard no sooner than 1 :00 p.m., IJnlel>s otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS 10. COUNTY MANAGER'S REPORT 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taker one motion without separate discussion of each item. If discussion is desired by a member of the Board, th item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. TRANSPORTATION SERVICES C. PUBLIC UTILITIES D. PUBLIC SERVICES E. ADMINISTRATIVE SERVICES Recommendation to approve deductive Change Order No.2 in the amount of $244,372.51 to Contract #07-4122 issued to Vanderbilt Bay Construction, Inc. for the Naples Jail Improvement Project. http://bccagenda/ln tranet/MeetingDetai] s. aspx ?meeti n gid =96 8/13/2007 Meeting Details Page 3 of5 COl1JJl1J~nts Attachments F. COUNTY MANAGER Recommendation to award Contract# 07-4142,"Museum Exhibit Design and Creation to Advancl Staging Technologies, Inc., to Design, Fabricate and Install Educational Exhibits at the Collier County Museum. Comments Attachments Recommendation to award Bid #07-4155 for the Installation of "Bayshore Drive Irrigation Effluer Conversion" - to Hannula Landscaping, Inc. in the amount of $217,354.04. Comments Attachments Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcels 720, 820A, 820B and 920 in the Lawsuit Styled Collier County v. Elhanon Combs, et al., Case No. 03-2352-CA (Golden Gate Parkway, Project #60027) Fiscal Impact: $11,760.25. Comments Attachments Recommendation that the Board of County Commissioners approves, and authorizes the Chairr to sign, a lien agreement with Adis Esteves (Owner) for deferral of 100% of Collier County impa< fees for an owner-occupied affordable housing unit located at Lot 118, Trail Ridge, Naples. Comments Attachments Recommendation that the Board of County Commissioners approves, and authorizes the Chairr to sign, a lien agreement with Jose Segura and Maria D. L. Segura (Owners) for deferral of 100% Collier County impact fees for an owner-occupied affordable housing unit located at Lot 144, Independence Phase II. Comm~nts Attachments Recommendation that the Board of County Commissioners approves, and authorizes the Chairr to sign, a lien agreement with Clement Garcon and Idelette Garcon (Owners) for deferral of 100'1 Collier County impact fees for an owner-occupied affordable housing unit located at Lot 136, Independence Phase II. Comments Attachments Recommendation that the Board of County Commissioners approves, and authorizes the Chairr to sign, a lien agreement with Vanessa Duckworth (Owner) for deferral of 100% of Collier Coun~ impact fees for an owner-occupied affordable housing unit located at Lot 17, Trail Ridge, Naple' Comments Attachments Recommendation that the Board of County Commissioners approves, and authorizes the Chain to sign, a lien agreement with Sad ilia Frederic (Owner) for deferral of 100% of Collier County iml fees for an owner-occupied affordable housing unit located at Lot 137, Independence Phase II. Comments Attachments Recommendation to approve the purchase of one fixed-route bus as a scheduled replacement t, be operated by Collier Area Transit. Comments Attachments Recommendation that the Collier County Board of County Commissioners (BCC) approve an Agreement between Florida State University Board of Trustees (FSU) and Collier County, Florid, implementing the FSU medical project (the project) in Immokalee as approved by the Communit Redevelopment Agency (CRA) and the BCC on May 22, 2007. Comments Attachments Recommendation to approve a Lease Agreement with Cali Realty Investment Corporation for thl continued use of a building utilized by the Sheriff's SWAT Team at an annual cost of $60,000. Comments Attachments Legal Support for Orangetree Utilities Comments Attachments Recommendation to approve an Agreed Order Awarding Expert Fees and Costs as to Parcels 8' and 915 in the amount of $1437.00 in the lawsuit styled Collier County v. Colonnade on Collier E LLC., et aI., Case No. 05-1091-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $1437.00). http://bccagenda/lntranet/Meeti ngDetai J s. asp x ?meetingid=96 8/13/2007 Meeting Details Page 4 of5 Gornrn~nts Attachments Recommendation to approve Memorandum of Understanding between Collier County and The Salvation Army Comments Attachments Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants not to exceed $40,000. Comments Attachments Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Appro, Contracts. C9-'JJments Attachments Recommendation that Board of County Commissioners approve a budget amendment associab with an increase of $112,506 to a previously accepted Federal Aviation Administration grant for construction of Taxiway "e" at the Immokalee Regional Airport Comments Attachments Recommendation that Board of County Commissioners approve a budget amendment in the amount of $521,435.90 for insurance proceeds received by the Collier County Airport Authority I reconstruct the T-hangar building and the sheriff's dwelling at Everglades Airpark that were damaged by hurricane Wilma. Comments Attachments Recommendation to approve a budget amendment in the amount of $2,056.89 to recognize additional revenue received from the Area Agency on Aging for the Older American's Act Title II program budget for FY 06-07. Comments Attachments Recommendation to award contract 07-4135 to L3 Communications Inc.; EMA, Inc.; Executive Alliance Group, Inc.; and Idea Integration Corp. for On-Call Project Management for IT CQrr]ments Attachments Recommendation to award Work Order No. PBS-FT-3971-07-16 under Contract No. 06-3971, "Annual Contract for General Contractors Services", to Wall Systems, Inc. of Southwest Florida d/b/a/Professional Building Systems (PBS) for the construction of the Primary Data Center in th, amount of $179,484.00. Comments Attachments To approve a budget amendment for $2,500,000.00 to reduce the amount of transfer from the So Waste Operating Fund to the Solid Waste Capital Fund. Comments Attachments Recommendation that the Board of County Commissioners approves, and authorizes the Chairr to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and Cheriee Moore (DEVELOP for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing un; located at East 75' of the West 180' of Tract 66, Unit 42, Golden Gate Estates. Comments Attachments Recommendation to award Work Order No. WJV-FT-3971-07-13 under Contract No. 06-3971, "Annual Contract for General Contractors Services", to William J. Varian Construction Co. for It construction of the Backup Data Center, in the amount of $199,149.00. Comments Attachments Recommendation that the Collier County Board of County Commissioners approve a budget amendment in the amount of $76,105.51 to fund the increased cost of construction for Taxiway' at the Immokalee Regional Airport Comments Attachments Recommendation that the Board of County Commissioners approves, and authorizes the Chain to sign, a lien agreement with Mildania Hinojosa (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 73, Independence Pha II. Comments Attachments http://bccagenda/I ntranet/Meeti ngDetai ls.aspx ?meetingid =96 8/13/2007 Meeting Details Page 5 of 5 Recommendation that the Board of County Commissioners approves, and authorizes the Chairr to sign, a lien agreement with Elsa Luevano (Owner) for deferral of 100% of Collier County impa fees for an owner-occupied affordable housing unit located at Lot 143, Independence Phase II. CQmmE3l1t~ A_t1?Gtlm~nts Recommendation that the Board of County Commissioners approves, and authorizes the Chairr to sign, a lien agreement with Jean Joseph and Marie Joseph (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 139, Independence Phase II. Comments Attachments Recommendation that the Board of County Commissioners approves, and authorizes the Chairr to sign, a lien agreement with Marie Saint-Hilaire and Loundy Saint-Hilaire (Owners) for deferral 100% of Collier County impact fees for an owner-occupied affordable housing unit located at La 130, Independence Phase II. Comments Attachments Recommend Approval of Brochure Distribution Contract with Florida Suncoast Tourism Promotions, Inc. in the amount of $4,800. Comments Attachments Recommendation to approve a Budget Amendment in the amount of $345,000, allowing a trans! of funds in the amount of $165,000 from the Collier County Water-Sewer Operating Fund (408) Reserve for Contingencies, $70,000 from Collections, $20,000 from Wastewater Administration, $35,000 from Irrigation Quality Maintenance, and $55,000 from Irrigation Quality Administration. unanticipated operating expenses incurred by both the North County Water Reclamation Facilit~ (NCWRF) and the South County Water Reclamation Facility (SCWRF). Comments Attachments Recommendation to Approve a Blanket Purchase Order with Siemens Water Technologies for Maintenance and Repair of Odor Control Units at Both the North County Water Reclamation Fac and the South County Water Reclamation Facility, in the Amount of $ 129,980. Comments Attachments G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 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 OBJECTI TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZII AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEI ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION. THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE S' IN. 18. ADJOURN INQULRIi:SCQNCi:BNING CHANGES TO THE BOARD'S AGENoA SHQULD BE MADE TO Tl:!i:COUNTY MANA!' OFFICE AT 774-8383. http://bccagenda/l ntranet/MeetingDetails. aspx ?meetingi d =96 8/13/2007 2007 Executive Summaries approved in Board's absence August 14, 2007 In Absentia Meeting Page 1 Item 16F1, September 11, 2007: Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. A. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and Cheriee Moore (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at East 75' of the West 180' of Tract 66, Unit 42, Golden Gate Estates. B. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Adis Esteves (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 118, Trail Ridge, Naples. C. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mildania Hinojosa (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 73, Independence Phase II. D. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Segura and Maria D. L. Segura (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 144, Independence Phase II. E. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Elsa Luevano (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 143, Independence Phase II. 2007 Executive Summaries approved in Board's absence August 14, 2007 In Absentia Meeting Page 2 F. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Joseph and Marie Joseph (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 139, Independence Phase II. G. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie Saint-Hilaire and Loundy Saint-Hilaire (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 130, Independence Phase II. H. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Vanessa Duckworth (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 17, Trail Ridge, Naples. I. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Sadilia Frederic (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 137, Independence Phase II. J. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Clement Garcon and Idelette Garcon (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 136, Independence Phase II. K. Recommendation to award Bid #07-4155 for the Installation of "Bayshore Drive Irrigation Effluent Conversion" - to Hannula Landscaping, Inc. in the amount of $217,354.04. L. Recommendation that the Collier County Board of County Commissioners (BCC) approve an Agreement between Florida State University Board of Trustees (FSU) and Collier County, Florida, implementing the FSU medical project (the project) in Immokalee as approved by the Community Redevelopment Agency (CRA) and the BCC on May 22, 2007. 2007 Executive Summaries approved in Board's absence August 14, 2007 In Absentia Meeting Page 3 M. Recommendation to approve the purchase of one fixed-route bus as a scheduled replacement to be operated by Collier Area Transit. N. Recommendation to approve a budget amendment in the amount of $2,056.89 to recognize additional revenue received from the Area Agency on Aging for the Older American's Act Title III-E program budget for FY 06-07. O. Recommend Approval of Brochure Distribution Contract with Florida Suncoast Tourism Promotions, Inc. in the amount of $4,800. P. Recommendation to approve Memorandum of Understanding between Collier County and The Salvation Army. Q. Legal Support for Orangetree Utilities. R. Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants not to exceed $40,000. S. Recommendation to approve a Budget Amendment in the amount of $345,000, allowing a transfer of funds in the amount of $165,000 from the Collier County Water-Sewer Operating Fund (408) Reserve for Contingencies, $70,000 from Collections, $20,000 from Wastewater Administration, $35,000 from Irrigation Quality Maintenance, and $55,000 from Irrigation Quality Administration for unanticipated operating expenses incurred by both the North County Water Reclamation Facility (NCWRF) and the South County Water Reclamation Facility (SCWRF). T. Recommendation to extend Contract #03-3444, "Janitorial Services", with OneSource Facility Services, Inc. through September 30th, 2007. U. Recommendation to Approve a Blanket Purchase Order with Siemens Water Technologies for Maintenance and Repair of Odor Control Units at Both the North County Water Reclamation Facility and the South County Water Reclamation Facility, in the Amount of $ 129,980. 2007 Executive Summaries approved in Board's absence August 14, 2007 In Absentia Meeting Page 4 V. Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcels 720, 820A, 820B and 920 in the Lawsuit Styled Collier County v. Elhanon Combs, et aI., Case No. 03-2352-CA (Golden Gate Parkway, Project #60027) Fiscal Impact: $11,760.25. W. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. X. Recommendation to approve an Agreed Order Awarding Expert Fees and Costs as to Parcels 815 and 915 in the amount of $1437.00 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC., et aI., Case No. 05-1091-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $1437.00). Y. Recommendation to award contract 07-4135 to L3 Communications Inc.; EMA, Inc.; Executive Alliance Group, Inc.; and Idea Integration Corp. for On-Call Project Management for IT Z. Recommendation to approve a Lease Agreement with Cali Realty Investment Corporation for the continued use of a building utilized by the Sheriff's SWAT Team at an annual cost of $60,000. AA. Recommendation to award Contract# 07-4145,"Museum Exhibit Design and Creation to Advanced Staging Technologies, Inc., to Design, Fabricate and Install Educational Exhibits at the Collier County Museum. BB. Recommendation to award Work Order No. PBS-FT-3971-07-16 under Contract No. 06-3971, "Annual Contract for General Contractors Services", to Wall Systems, Inc. of Southwest Florida, d/b/a/Professional Building Systems (PBS) for the construction of the Primary Data Center in the amount of $179,484.00. CC. Recommendation to award Work Order No. WJV-FT-3971-07-13 under Contract No. 06-3971, "Annual Contract for General Contractors Services", to William J. Varian Construction Co. for the construction of the Backup Data Center, in the amount of $199,149.00. 2007 Executive Summaries approved in Board's absence August 14, 2007 In Absentia Meeting Page 5 DD. To approve a budget amendment for $2,500,000.00 to reduce the amount of transfer from the Solid Waste Disposal Fund to the Solid Waste Capital Fund. EE. Recommendation that Board of County Commissioners approve a budget amendment in the amount of $521,435.90 for insurance proceeds received by the Collier County Airport Authority to reconstruct the T-hangar building and the sheriff's dwelling at Everglades Airpark that were damaged by hurricane Wilma. FF. Recommendation that Board of County Commissioners approve a budget amendment associated with an increase of $112,506 to a previously accepted Federal Aviation Administration grant for the construction of Taxiway "C" at the Immokalee Regional Airport GG. Recommendation that the Collier County Board of County Commissioners approve a budget amendment in the amount of $76,105.51 to fund the increased cost of construction for Taxiway "C" at the Immokalee Regional Airport HH. Recommendation to approve deductive Change Order NO.2 in the amount of $244,372.51 to Contract #07-4122 issued to Vanderbilt Bay Construction, Inc. for the Naples Jail Improvement Project. EXECUTIVE SUMMARY Recommendation to approve deductive Change Order No. 2 in the amount of $244,372.51 to Contract #07-4122 issued to Vanderbilt Bay Construction, Inc. for the Naples Jail Improvement Project. OBJECTIVE: To obtain approval from the Board of County Commissioners for deductive Change Order NO.2 in the amount of $244,372.51 to Contract #07-4122 issued to Vanderbilt Bay Construction, Inc. for the Naples Jail Improvement Project. CONSIDERATIONS: On May 8, 2007, the Collier County Board of County Commissioners approved Contract #07-4122 for $8,598,238.00 with Vanderbilt Bay Construction, Inc. to renovate various components of the old Naples Jail. As allowed under Florida law, staff has implemented direct material purchases with the Contractor's suppliers in order to take advantage of the County's tax exempt status and save the sales tax on selected construction materials. This procedure saves the taxpayers of Collier County the Florida sales tax that would have been included in the contract price. Under current Purchasing Department guidelines, any contract changes either positive or negative that exceed 10% of the original contract price must be approved by the BCC. Both "tax saving" change orders #1 and #2 are deductive (negative) change orders and when combined, exceed the 10% limit requiring BCC approval. FISCAL IMPACT: There is a net savings of $61,096.56 to COllier County by using these direct material purchases. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners (A) approves deductive Change Order NO.2 in the amount of $244,372.51 to Contract #07-4122 issued to Vanderbilt Bay Construction, Inc. for the Naples Jail Improvement Project, (B) allows all sales tax savings to stay in the project budget as contingency funds for unforeseen conditions until the project is complete, and (C) authorizes the County Manager or his designee to execute the Change Order. PREPARED BY: Bob Pierce, Project Manager, Department of Facilities Management EXHIBIT E CHANGE ORDER CHANGE ORDER NO. e TO: Vanderbilt Bav Construction I 2224 Trade Center Wav Naol8s Fl 34109 CONTRACT NO. 07-4122 DATE: 0612012007 PROJECT NAME: Naoles JaillmDrovement Profect PROJECT NO.: 07-4122 Under our AGREEMENT dated Mav 8 ,2007. You hereby are authorized and directed ta make the following changers) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductivel Sum of; Two Hundred Fortv FOlJr Thousand Three Hundred Seventv Two and Flftv One Cents ($ 244372.51 1. Original Agreement Amount $8 598 238 00 $(835 000 00) Sum of Previous Changes This Change Order (Add) ~ $r244 372.51) PresentAgreementAmounl $7.518865.49 00 00' S 0 /,0 I qY ,,0 ., '1 o' 4h ('20,. ~ I n""AI,. 3v~{.,/~ /04 11 b '; 1 DMp. Hope's Windows Sales Tax for DMP for Hope's Windows $ 50,100.00 2 DMP.NASG 647 Hv"ard Laminated PolYCirbonate $ 113,225.00 Sales Tax for DMP $ 6,793.50 DMP-HABERSHAM METAL 3 PROD. 21 Security Doors, 14 Sl!curJty Frames $ 20,010.00 Sales Tax for OMP S 1,200.60 4 DPM-FERGUSON ENTERPRISES PlumbIng nlpln!:!:. Copper &. PVC $ 50,040.95 SalesTaxfor DMP $ 3,002.46 Total $ 244,372.51 The time fef completion shall be (increased/decreased) by _ calendar days due to this Change Order. Accordingly, tns Contract Time Is now ( 360 ) calendar days. The substantial completion date is and the final completion date is "From NT!=' Your acceptance of this Change Order shall constitute B modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicatad above, as fully as if the same were repeated in this acceptance. The adjustment, If any, to the Agreement shall constitute a full and final settlement of any and all clalms of the Contractor arlslng out of or related to the change set forth herein, including claims for Impact and delay costs. Accepted: &, ;10 ,2007 CONTRACTOR: OWNER: By: ~-tJ / t6f2#-tJ W, .:)J-;-l/1A... ,; tJ1 () F Pf71tMC__c... BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: GC-CA-E-1 Date: 7/2/07 E-Mailed To Bonnie: Project Name: Naples Jail Improvement Project Number: 520082 TO Bee ON 9nt/07 BIDIRFP #: 07-4122 Mod#: 2 PO#: 4500080781 Work Order Number: Contractor/Consultant: Vanderbilt Bay Construction Original Contract Amount: S 8.598.238.00 (Starting Point) Current Bee Approved Amount: S 8,598,238.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 7,763,238.00 (Including All Changes Prior To This Modification) Change Amount: $ (244,372.5t) Revised ContractIWork Order Amount: $ 7,318.865.50 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: L{ 1,079.372.51) Percentage Of The Change OverlUnder Current Contract Amount: _12.6 % Overview of change: To provide for the direct material purchase of specialty glass. metal doors and frames, and plumbing supplies fortax savings to County. / /J ==-'" ~,>:;o~ ~2~ l' Data Entry InformaJ:ion: Type of Change: Contract Project Manager: Bob Pierce Department: Facilities Change Category Type, Circle One Below: 1. Planned or Elective 2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. Value Added 6. Schedule Adjustments Revised 7/11/05 CONTRACTIWORK ORDER MODIFICATION CHECKUST FORM PROJECT NAME: Naples Jaillmprovemenl Project PROJECT II: 52008-2 PROJECT MANAGER: Bob Pierce BIDIRFPC/: ~MOD II: 2 POtI:~0781 WORK ORDER II: DEPARTMENT: Facllllle. Management CONTRACTOR/FIRM NAME:Vanderbilt Bav Conalruction Original Contract Amount: S 8,5l18,238.0t) (staJting Point) Current BCC Approved Amount: S 8,5118,238,~ (Last TcitaT Amount ApproIied by the BCC) Current ContrctAmount: S 7,763,238.~ (IndudingAII Changes Prior To This Modification) Change Amount: S (244,372.51) R8vl_~OrdwAmounl: S7,518,-..ol-f( (Including This Change Order) Cumulative Dollar Vatue 01 C"-ID , this ContractlWori< Onler: S (1,079,372.51 Dale of Last BCC Approval May 8, 2007 Agenda Item # 10 D Percentage ollhe change overlunder current contract amount -'2.55% Formula: (Revised Amount I Lall BCC approved amount}-l CURRENT COMPLETION DATE (8): ORIGINAL: June 2008 CURRENT: June 2008 Describe the change(s): DMP for Spacialily Glass, metal doors and frames and plUmbing supplies. Specify the reasons for the changels): Direct Tax Savings to the Customer. Identify all negative impacts to the project if this chsnge order were not processed: OWner would not be able to take advantage of tax savingl. This change was requested by: r Contractor/Consultant ~ OWner r Using Department (' CDES (' Delign Professional 0 RegUlatory Agency (Specify) r Other (Specify) CONTRACT SPECIAUST PARTICIPATION IN NEGOTIATIONS: This fonn Is to be Slgne~ ~ated/7 , APPROVED BY; ~~tJ.!t'1 Project Manager j( Yes r No REVIEWED BY; Date: 7h7;6? - 1/;7/07 Date: C EXHIBIT E CHANGE ORDER CHANGE ORCERNO. e TO: Vlndsmflt Bav Contltruetio I 2224 Trade C8nblr W.v N.~_ Fl MtOA CONTRACT NO. 07""""22 OATE: 0812012007 PROJECT NAME: NIDI_ J'lIillmMMJmllnt PI'tlII!lt:l PROJECT NO.: 07-4122 Under our AGREEMENT da'ld Mav 8 ,2007. You hereby Ire .uthoriz.ed and dileded to mlkl the following mange(a) in accordlno. Wfth term. and conditions fA the AQntement FOR THE (Additive) fDeduot:lvel Sum of: Two Hundred Fortv Four Thtlusand lllree Hundrad SAventy Two anrf Rftv Ona ("'..ns ($ 2443n!l1 t Originll Agreement Amount $8 598 238 00 $(835 000 CO) Suon or I'revlou. Changes Thll Chang. Order (Add) ~ $"...:'In &1) 1 ~MJl.. Ho ,', Windows SaJuTalCforDMPfcrHo ~'sWlndows .0 O' . ~ I~.s'~"o $ 50 100.00 ~~ 101> ,(.. W.225.00 3 1 ~. 0 $ l57S1:!1.50 l.'/ 20,010.00 $ ~;wD.6D $ so""'-.. .3 002.46 $ ... 72.51 Present Agreemenl Amounl $1 !18 885 49 , DMP-NA5G 041 rdUtnlnilteo'PO I'bonate SaluTaxfofOMJI' OMP-HA&fRSHAM METAL 3 PROD. 21S.curl Ooors.14S1wrl Fl'lIImll Sales nx for OMP 4 !)PM.FERGUSON e'NTl"RPRJS!5 Plumb In .Co er&PVC SalesTilCforDMP Tml The tme for completion.hall be (1nC3IlMdldeCltl8Hd) by _ caJtnclar daya cut! to t"i. Change Order. AcoordJngly, the Conb1lct nme II now { 360 \ C8llendllT day.. The aubltlntill complellcn d... I, end the f1naJ oornpJI;tIon dIte .II -1='rcm NTJlI Your acceptance of thll CNn;. Order &hall eonatituta I modlflcatfon tel our AQrHment and wlU 1M performed tubJecI to alllnlaaml Ietmt and condlllona u contaIned In our Agrumlnt lndk:atad aDoVt, .. fuIy as II' the IRmlll \WI'e repelled In tn" eccepIance. The IdJl.IItl'Mnt, fany, to the Agreemant shall constitute. luD.nd final slltll'.-nent d any .nd II dlIlma r:A tha Coriraetor arIIlng out of or related to the chino- lit forth !\II_, Inclt.rclng ellims for lmpad and delay com. Acceo<od: {", - .:l (:) ,2001 CONTRACTOR: By; ~-rJL tbf2#tj (.(./, 6,.,.. /7A.. vii ~ ~ ~c.. OWNER: BOARD OF COUNTY COMMISSIONERS OF COUIER COUNTY, FlORlOA By: lly: Gc-cA-E-1 Jun, 6, 2007 2:41PM No. 3596 P. 2/16 - ---- .." . - ..------- . - .. ORDERED BY: ".uly J..U Bui.ld1l'1q Company, Ino. 17.515 SatallD CQurt Noble,syiU.,:Oi UClQ USA :Purchase Order Purchase Ordllll' No. 401-0?117 Dale fS8Ued 4/18/07 I , I I , i .1 I i , j To; Hope'. Windo..,. 8& HopJtins Av.nu. ~ad6.tovn, NY 14102-0580 Drop Shl:punt Ship To: Collin Co Jail JRlPravemeDto C/o eJilc 3305 1'iul.:bun! 'l'nil Eaa't. Napl.., ~ 34112 Ship Datil I Ship Via Acoolllt No. Terms I 5/25/0' 8eat ".y lath o~ the Mon.th "A~ U..IP"",", . . i'ZR PRO.ElOSAL (547) H~" S~iea $530 8351' DOO.OO 1.00 855,000.00 CU.tcm StAinl.., stael P1.J:;Qd. Dete:a:Ucm WUuiQ.ta Per Atu.ched. l"ropoS'ill n.ted 3/6/07 IiOrrCE 1'0 ALL _ I PACL'!t'.JAIL UQO%US t8 "01 lIS l\I)VJ\llQ: IlO lamp,,,,,,,,, <XIR. IlOBUSVILLF:. III orr Ci: tJ17-580-0833) llIIO 1IRI'>2EN }l)UF:ICJl.TIOlJ DS1' ACCOMPANY UI C1l.LL 1317 -'05-20'3). .lIIe '1'0 >>n! SRIJHgNTS ~&l"G ~ lED U SBIPlIZll. AU MAD!: .ITa ,.. All..,.,.", JfO'1"ICE, wun:.y .JAIL J ~~KU NO IoU8.ItI!'Y I"OR a:rD Oil: OR. llJlIIl\G:z:o FREIQB:!t' tIIan~ o BY ""..... _ AllY CIIlUtG.. ISSOEn '%Q PN1LY .wI, BY o~ A 1'aaI1\ NI... E IlIltlOCn:O :ra mIO P'llRCBllS& ORIlEll. 1'1101 JAIL ft&Ma .A1fp CCltDIUQrS PLY. TOTAL .$835.000.00 I '1 I , i I i ! i 1 I I 'P~d. . rj C tof<_R':., '101; I${)Zi:;O, IIope'S ~W . -h>, ~ ~ &b ~ 1f1~..{J1 Authorized Sfgnalure .ORPERBJBY; 1'&u1y Ja:U. 8u.l1d.iag 0apagJ', lDc. :1.7515 ..._ =<: NObl..Y111_, 1M .'Oc52 """ To; lIo<tll _1..... SpecJ..l1~ ~ 2175 ICuID<y _d P.O. _ 70 '1"~U.J:lril1., PA 18'70 ~ ,,-, ..------..-- -.-. Purchase Order . PIlrCIl8Ile Order No. 401-0711& 0IIt1l Jeeued' 4/19107 Sh/pTo; Col11.~ co Jail IJIpr0'f'8IDaD.t11 CIO P.3BC 33~ r-.1ul1 r...l1 Eut H.~.., lL 31112 USA Ship DB. , Ship Via Ac=cou1t No. T_ 5/25/07 Bast ""I'.. -- . .. lOth of the ~ ...- IlnltP_ H&. PJIOPOSA%. (6471 _rcI-cG7 SO, U3:, 22.5.00 1.00 113,225.00 I.u1J'&&t:.ed Poly~oIIte Per ttacbed QuotatioD ~d 3/21/07 . lIO'l'ZCII 10 lW. I P"aLY.mIL ~u U IQ Ia5 ADVAlICII \IQ ~BY"_'" 0IlK .oar.znILU, Dr 01'1' Z (317-580-08331 NIl> lIRrn'DI ~Uno.rIClII lICCXIIIIl..... lIIS CALL (317-7~-2093), nii Ia'f' &lIJ: 8IlI...,.. BZDIG - rr__ ..... - """""Ca IIO'%l:CZ.....llLYolaUol lIIlU 1IO LIMIUn- lea OIL m-- I1lUGR.. BY I ~. AllY Uam:D ro PAlILY illlIL IIY OUR :DftClllUl IIILL p& DJ:IXJC:l'J:O ma "",. l'UIlCIIAH _. l'Alll JAI.L 'rUNS MD <XI1D1'Z'IcEnA PLY. TotAL $113,.225.00 . AuthoIfz8d Signature ..j. ClIIk'f;., p...".,.. ",. ., . -"" ~ '.i>. 4J!1i...., ; r-'J..Jo.A".J,.I...I5>!.. ..P.. ". . .'~..". '., , . ,". , '... ...,. .~--~. ~.. .. , OR\)ERaJ BY: holy ollIU ..,1l.cU..Illl ~y, t.Dc. 175:1.5 .._ _ ___u.:, III 460a - Purchase Order Pu.a- Order No. tol-07157 0lIIIl1aued "/U/O' To; 1laJIu__ "'t&1 I'rocIQat. P.o. _71t 2'" SUp1econ Road. eo_la, Q 30,,31 -~-" ShIll To: ~ c,.. a.o..I. D~Co.c.........~ w....~ H.~'~~ U'I E:. ~""~ ~l ~,~L ,. 'till. I~o~ I ~V1. B111rt. ....,. Accautl No. Tenns 15tb of the IIoDth - I'IIOtQ5AL (211 -.nty ..11_ Hotal. &.IlclCUI8-=l.ty BoUow IIK&1. 8:l1lg1e DCCIr rr_ Pc AU_ 0Urt4l t 60n dated 5/2/07 .20,.0.10.00 1.00 .2.0,010.00 ,... JrIOT:[CS, 'fO .a.u, IfQBt.B8Vna, IW (31'7-7D5-20iJ), IIU IIOI:ICI!, am.~ .:aIL 0'fIIUI. lIIIY I'lIII:USI: _. 1>A Auela11zed Slgnalure ~ . &.V~ TarAL .20,010.00 ~~d... PURCHASE ORDER CooQJ PlumbiDa '" Ma:baaicaJ 9$0 c.........ftiaI Blvd. N..... FL 34104 (239) 643-0025 (239) 643-3436 Pqe:1 OnbTo: Ship To: FERGUSON BNTERPIUSBS JOB: CC JAIL RENOVATION 4200 FORD STREBT BXT. 1lfIS IS TO BE BILLED TO CC FI'.MYl!RS, PI. 33916 BOARD OF COMMrSSIONBRS PRO.JBCl1I 07-4122 (941) 332-4242, Fax: (941) 332-8340 . Job: (VBCJAI) COLLIER JAIL REMODEL ~"P* tmr ~ :rmu Shill V.. 210 Net 10th Unit ~~Ivr ~COPPIlR ~ l2Ix 23~ 8\iJ 380 K2()"2 2" x: HARD COPPER 6/1 'JI07 1400 11.33893 15,874.50 :K2O-1D I-m" x: HARD UJPYHIC. 6/19/01 1200 7.37311 8,147.82 K2()"IB 1-114" x: HARD COPPER 6/19107 200 5.6318 1,12636 n()..1 HARD COPPER TYPE X I" 6/19107 960 4.5-4621 4.36436 K20.p 3/4" K COPPER 6/19107 1200 3.4739 4,168.68 :K2O-D la"x: HARD COPPER 6/19107 360 1.86102 669.<n PVCDWV-8 S" PVC PIPE 6/19107 60 3.739 224.34 PVCDWV-6 6'PVCPIPB 6/19107 740 2.29219 1,696.22 PVCDWV-4 4" PVC PlPB 6/19107 3000 1.26927 3,807.81 PVCDWV-3 3" PVC PIPE 6/19107 410 0.91927 441.2S 50,040.95 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Page 1 of 1 16F RecommendatIOn to approve deductive Change Order NO.2 In the amount of $244,372.51 to Contract #07-4122 issued to Vanderbilt Bay Construction, Inc. for the Naples Jail Improvernont Project 8/14/20079:0000 AM Prepared By Bob Pierce Administrative Services Project Manager Date Facilities Management 7/25/20079:41 :06 AM Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Date Facilities Management 7126/20074:12 PM Approved By Damon Gonzales Administrative Services Interim FacilitieS Manager Date Facilities Management 7126/20074:13 PM Approved By Lyn Wood Administrative Services Purchasing Agent Date Purchasing 7130/200710:25 AM Approved By Len Golden Price Administrative Services Administrative Services Administrator Date Administrative Services Admin, 81812007 4: 15 PM Approved By Kelsey Ward Administrative Services Contract Administration Manager Date PurchasinfJ 8/1012007 9:25 AM Approved By OMB Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 8113120077:23 AM http://bccagenda/lntranet/ attachmentvi ewer. aspx? attachmentid =-1 &itemid=9709 8/13/2007 EXECUTIVE SUMMARY Recommendation to award Contract # 07-4145,"Museum Exhibit Design and Creation to Advanced Staging Technologies, Inc., to Design, Fabricate and Install Educational Exhibits at the Collier County Museum. OBJECTIVE: To obtain Board approval for awarding Contract #07-4145,"Museum Exhibit Design and Creation to Advanced Staging Technologies, Inc. to design, fabricate and install educational exhibits at the County's historical Museums in Naples, Everglades City and Immokalee. CONSIDERATIONS: Since 2003, the Collier County Museum has utilized a professional museum design firm to ensure continuity of exhibit development and construction and to oversee all aspects of fabrication and installation. This approach has resulted in significant upgrades to the Museum's exhibits for greater visitor interest and appeal, increased educational value, and enhanced security and conservation for the objects on permanent display. Upon expiration of the current contract, a Request for Proposal #07 -4145 for these services was prepared and publicly advertised on 5/29/2007. Notices were sent to 26 museum exhibit design firms. A total of 2 firms requested and responded with full packages of information by the closing date of 6/19/2007. A Selection Committee was subsequently formed and met on 7/03/2007 to review and rank the proposals. By consensus of the Committee, the firm of Advanced Staging Technologies, Inc., of Orlando, Florida, was selected as the first choice. County staff has since negotiated and reached agreement with the top ranked firm to provide these services. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Tasks associated with each phase of the exhibit development and construction process will be assigned as funds become available. Funding for the initial phases is currently available in the Museum's Fiscal 2007 budget in the amount of $500,000. LEGAL CONSIDERATION: This contract has been approved as to form and legal sufficiency by an attorney in the County Attorney's Office. GROWTH MANAGEMENT IMPACT: While this action has no direct impact, it is consistent with Collier County's goals to streamline and expedite the procurement of services. RECOMMENDATION: That the Board of County Commissioners award Contract #07-4145, "Museum Exhibit Design and Creation", to the firm of Advanced Staging Technologies, Inc., and authorize the Chairman to execute a standard County contract, as approved by the County Attorney. PREPARED BY: Ron Jamro, Director, Collier County Museum A G R E E MEN T No. 07-4145 for Museum Exhibit Design and Creation THIS AGREEMENT, made and entered into on this 24th day of July 2007, by and between Advanced Staging Technologies, Inc., authorized to do business in the State of Florida, whose business address is, 2630 Taft Avenue, Orlando, Florida 32804 hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on July 24,2007, and terminating on July 23, 2009. 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 two (2) 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 professional Museum Exhibit Design and Creation services in accordance with the terms and conditions of RFP # 07-4145, "Museum Exhibit Design and Creation", and the Contractor's proposal referred to herein and made an integral part of this agreement. 3. COMPENSATION. The contract amount for services shall be mutually agreed upon in writing by the Contractor and County Departments in the form of work task proposals to be attached to, and made part of, subsequently issued Purchase Orders. Pricing per work task shall be based on the prices submitted in the Contractor's RFP Proposal, but shall not be strictly limited to the items listed. The County shall pay the Contractor for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the Museum Director or his designee. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Advanced Staging Technologies, Inc. 2630 Taft Avenue Orlando, Florida 32804 Attn: Mr. Scott MetelkofPresident Fax: 407.481.9230 Page 1 of5 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed 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 Fax: 239.530.6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 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 thirty (30) day written notice. The County shall be sole judge of non-performance. Page 2 of5 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race. sex. color, creed or national origin. 10.INS URANCE. 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 $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy as "Collier County Board of County Commissioners, Naples, Florida". The Certificate must state the RFP Number and Title. 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. Contractor shall insure that all sub-Contractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 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 Page 3 of5 of the County by the Collier County Museum Director or his designee. 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 attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: RFP # 07-4145, "Museum Exhibit Design and Creation", Insurance Certificate and the Contractor's Proposal. 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 Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 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 USe. 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 bidder/proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder/proposer. Page 4 of 5 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: By: James Coletta, Chairman Dated: Advanced Staging Technologies, Inc. By: First Witness Scott Metelko, President Type/ print witness name Second Witness Typed signature and title Type/ print witness name Approved as to form and legal sufficiency: Assistant County Attorney Print Name Page 5 of5 Page I of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Recommendation to award Contract# 07-4142,Museum Exhibit Design and Creation to Advanc~;d Staging Technologies, Inc., to Design, Fabricate and Install Educational Exhibits at the Collier County Museum. Meeting Date: 8/14/20079:00:00 AM Approved By Unda Best Contracts Agent Date Administrative Services Purchasing 7/11/20074:40 PM Approved By Steve Came!! Purchasing/General Svcs Director Date Administrative Services Purchasing 7/11/2007 5:00 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Offlce of Management & Budget 712512007 11 :30 AM Approved By Ron Jamro Museum Director Date Public Services Museum 7/25120071:19 PM Approved By Thomas Palmer Assistant County Attorney Date County Attorney County Attorney Office 7/26/20073:07 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/27/2007 11 :37 AM Approved By OMS Coordinator OMB Coordinator Date COllnty Manager's Office Office of Management & Budget 7/27/200712:31 PM http://bccagenda/lntranet/ attachm en tvi ewer .aspx? attachmenti d=- I &i temid ~9624 8/13/2007 EXECUTIVE SUMMARY Recommendation to award Bid #07-4155 for the Installation of "Bayshore Drive Irrigation Effluent Conversion" - to Hannula Landscaping, Inc. in the amount of $217,354.04. OBJECTIVE: To accomplish the installation of a conversion system from potable water to effluent irrigation Improvements for the Bayshore Beautification Municipal Services Taxing Unit (MSTU) as per Ordinance No. 97-82 as Board of County Commissioners Approved on December 16, 1997. CONSIDERATIONS: . On May 30, 2007 the Purchasing Department sent notices to 166 vendors for the "Bayshore Drive Irrigation Effluent Conversion" "There were twenty six (26) packages requested for this bid. . On June 14th at 9 a.m., a non-mandatory pre-bid meeting was held. . On July 9th, 2007 at 2:30 p.m. three (3) bids were opened. Staffreviewed the unit pricing on the bid tabulation and recommends award of this bid to Hannula Landscaping, Inc. as the lowest, qualified, and responsive biddcr. FISCAL IMPACT: Sufficient budget exists to award the bid in the amount of $217,354.04 to Hannula Landscaping Inc. Funds are available in improvements general, Bayshore MSTU Fund (163). GROWTH MANAGEMENT IMPACT: There [s no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #07- 4155 for the installation of "Bayshore Drive Irrigation Effluent Conversion" to Hannula Landscaping, Inc. and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared Bv: Darryl Richard, Project Manager, Alternative Transportation Modes Department Attachments: I) Bid #07-4155 Tabulation 2) July II, 2007 Bayshore MSTU Advisory Committee Minutes E ~ ! J ~ i ! 18J3~ ~.' i if' ~ '.~ . i~1 :> i ! z o 0; '" w > Z o " .... z w => ~ ltlltQ mwW -z.... ;!o~ Oi=D::: Qi3g CDii:U ~ w > 0: D W '" o I '" >- <( '" l, 8 ~ ~ ~ ~ f: ~ u 8 ~ ~ ~ ~ . , , . " 8 8 ~ N ;; ~ . ~ w " . ~ '" g~ S ~ S " ~ ~ ~ g :! 8i~~J . c ~ .. ~ g . i :5 ~ ':1 ':1 i ~ o 5 w i E ~ i 8 & " -. ~ -< E ~ ~ ~ E ~ ~ ~ ~ ~ 8. '0 ~ . i ~ I 1> . 'j ~ ~ " . . ~ o Z ~ " . g ~ ~ z '.; S ~ E ~ . 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" ! ~ ~ ~ ~ .~ i ~ i i ~ li ~ i ~ i ~ i ~ 1> .~ 1> . ~ li ; ~ ~ ~ ~ ~ UX III 8. ~ E . . ~ 1iI '0 2' "0 ~ .~ ~~ ~ ~ ~ ,! .. - - ~ ii ~ ~ ~ ~ 01 12 ,~ ~ r:' 'i! ~ ';; Iil ~ "[ ~ lb e .9 e ~ :11 .9 'is. .~ ~ u u 0 > > " 0. ~ ~ ~ ~ .; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o " ~ . oS ~ .~ .E ~. ; E~ 0> '0 ., .~ U:2" ~u ~~ ~! ~~ > ~ ~~ . . i" -€ .~ :J ~~ ~i" .. - Uj1 ;! III -0 '" ~ ~ ~ ~ 8 ! .. " - ~ ~ ~ ~ .:;m" ! ! ~ . ! ~ ,1 ~~ ~.~ ~ o I u ! . r . " :!: ::i i -~ < . May 9, 2007 Bayshore Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 I. The meeting was called to order by Maurice Gutierrez at 4:07 PM. II. Attendance Members: Bill Neal (Excused), Tom Finn, Maurice Gutierrez, Conrad Willkomm (Absent), Victor Brittain. County: Tessie Sillery - MSTU Project Coordinator, Darryl Richard - Project Manager, Sharon Newman - Manager Transportation Operations, Caroline Soto - Budget Analyst, Mark Isakson - Management Budget Analyst, Diane Flagg - Director Alternative Transportation, Others: Richard Tindell - Landscape Architect, Aaron Gross - Ground Zero Landscape, Jean Winch - RB. Simmonds Electrical, Rob Pottelger- Assistant ChiefENFD, Sue Chapin & Darlene Lafferty- Mancan III. Approval of Agenda Add: VI. A. Budget Report - Mark Isakson and Sharon Newman VI. A.I. Crosswalk in Conjunction with the Firehouse VIII. C. New Business - Sammy Aleman Donation of Fox Tails Vic Brittain moved to approve the Agenda as amended. Second by Tom Finn. Carried unanimously 3-0. IV. Approval of Minutes - May 9, 2007 V. Tom Finn moved to approve the minutes of May 9, 2007. Second by Vic Brittain. Motion carried unanimously 3-0. Landscape Maintenance Report - Ground Zero Aaron Gross reported . Completed treatment of Bay shore turf . Reset North clock zones 1-16 that was not communicating with the computer resulting in dry turf areas . Replacement required for Bayshore Bridge Foxtail with a broken head . Suggested delay of planting Alexander Palms until the start of season. Deposit would be made to secure the Palms and installation would be in November VI. Transportation Services Report A. Budget Report - Mark Isakson & Sharon Newman (Attached) Mark Isakson reported the State enacted Property Tax Limitation Legislation which impacted MSTU budgets. It would reduce individual property tax by reducing the amount of millage that would be levied against the Taxable Value County wide and within MSTU Districts. A rollback calculation (91 % of the roll back rate) would be applied. Rollback rate definition: the rate that was levied last year must be applied this year minus new construction. Calculated yearly June I, 2007 Expenditure Budget was $2,653,000 July 1,2007 Proposed Property Tax Limitation Budget $2,629,800 $23,200 difference (Attached) The following $23,200 reduction plan was recommended: . $22,600 from Reserves . $600 transferred to Tax Collector (1.5%) Maurice Gutierrez moved to accept proposed adjustment $23,200 as recommended by staff. Second by Vic Brittain. Motion carried unanimously 3-0. Tessie Sillery reported total budget available $1,590,509.79. PO for 2006 PO paid in full. A. 1. Crosswalk Conjunction with Firehouse Rob PotteIger ENFD Assistant Chief stated that the traffic light was the priority and would like to proceed. The light was in the permit process. It was noted the bridge location had changed. The walkway to the Park was relocated north to Sugden and would not be in line with the Fire Station. Tessie SiIlery stated the CRA relocated the walkway adjacent to the crosswalk and would begin installation (Attached). Stating that the location of the crosswalk should be determined. Vic Brittain moved to eliminate the crosswalk in front of the Fire Station. Second by Tom Finn. Motion carried unanimously 3-0. B. Project Manager's Report - Tessie SiIlery (Attached) 1. DOT LAP Grant Project: fountain/light - Darryl Richard reported: 2 Bayshore Bridge (B-18) . Increase pole height to 12 ft . Total of24 lights right of way . 4 lights on the bridge . Arms with factory installed banners . 300 Ft North and 300 ft South Tom Finn moved to approve the appointment of JRL Design for Bayshore Bridge not to exceed $50,000. Second by Vic Brittain. Motion carried unanimously 3-0. 2. Decorative road signs -Tessie Sillery reported: . (B-33) sign poles would be installed in 2 weeks. 3. Crosswalks - Tessie Sillery reported: . Crosswalks are under FOOT review for flashers . Received bid from Wilson Miller $9500 for 2 crosswalks Vic Brittain moved to approve Wilson Miller design 2 crosswalks for $7000. Second by Tom Finn. Motion carried unanimously 3-0. 4. Effluent Water Conversion Project (Attached) Darryl Richard stated Hannula bid $239,289.44 included 10% contingency. Two booster pumps would be installed for proper pressure. Tom Finn moved to approve bid from Hannula for $217,354 + 10% contingency. Second by Vic Brittain. Motion carried unanimously 3-0. 5. FPL Utility Pole Work Causing Breakage - None VII. Old Business A. Future Projects 2008 - None B. Roadway Signage Changes - Previously discussed VI. 2. C. CRA Committee Member - None VIII. New Business A. Discuss Post Hit near Trailer Park - None B. Accident on Bayshore by Moorhead Manor - None C. Donation of Foxtails - Sammy Aleman Sammy Aleman stated he would donate 13 Foxtail Palms. The donation for the Foxtails would not include the removal of existing Oak Trees or the installation It was stated the MSTU would be responsible for the removal, installation, and maintenance required. BCC approval was required to accept the donation of the Foxtails. 3 Maurice Gutierrez moved to plant 13 FoxtaU. but not to exceed $15,000 to replant. Second by Vic Brittain. Motion carried unanimously 3-0. IX. Publie Comments - None X. There being no further business for the good of the County, the meeting adjourned at 5:55 PM, Thl' next meeting is September 12,2007 a14:00 p.m. Naples llotanical Gardens 4820 llayshore I>riye Naples, FL 34112 4 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F Page I of2 Recommendation to award Bid #07-4155 for the Installation of "Bayshore Drive Irrigation Effluent Conversion" - to Hannula Landscaping, Inc. in the amount of $217,354.04. 8/14/20079:00:00 AM Prepared By Darry! Richard Transportation Services Project Manager Date Alternative Transportation Modes 7116120073:04:24 PM Approved By Brenda Brilhart Administrative Services Purchasing Agent Date Purchasing 7116120074:12 PM Approved By Darryl Richard Transportation Services Project Manager Date Alternative Transportation Modes 7116120074:28 PM Approved By Mike Hauer Administrative Services Acquisition Manager Date Purchasing 7117120078:45 AM Approved By Mike Hauer Administrative Services Acquisition Manager Date Purchasing 7117120076:45 AM Approved By Caroline Soto Transportation Services Administrative Assistant Date Transportation Engineering and Construction 7119120073:55 PM Approved By Norm E. Feder, Ale? Transportation Services Transportation Division Administrator Date Transportation Services Admin. 7/2512007 1 :57 PM Approved By Diane B. Flagg Transportation Services Director ATM Director Date Alternative Transportation Modes 7126120073:35 PM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 7131120072:27 PM Approved By http://bccagenda/lntranet/ attac hm entvi ewer. asp x ?attachmentid=-I &i temid=9640 8/13/2007 Pat lel1nhard Executive Secretary Date Transportation Services Transportation Services Admin 7/31120073:07 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/31/20074:25 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 8/9/20079:09 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 819/200711:14 AM http://bccagenda/Intranet/ attachmentvi ewer. aspx ?attachmentid=-l &itemid=9640 Page 20f2 8/13/2007 EXECUTIVE SUMMARY Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcels 720, 820A, 820B and 920 in the Lawsuit Styled Collier County v. Elhanon Combs, et al., Case No. 03-2352-CA (Golden Gate Parkway, Project #60027) Fiscal Impact: $11,760.25. OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for Payment of Expert Fees in Connection with Parcels 720, 820A, 820B and 920 in the lawsuit styled Collier County v. Elhanon Combs. et aI., Case No. 03-2352-CA (Golden Gate Parkway, Project #60027). CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on September 19,2003 and subsequently depositing funds into the Court Registry. The County and Respondents settled by Stipulated Final Judgment which was entered by Judge Hayes on January 9, 2007. Pursuant to 1173.091, Fla. Stat., the property owners are entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding. The property owners submitted invoices for planning fees totaling $1611.83 and engineering fees totaling $13,355.00. Through negotiation, the parties have agreed to settle for $1260.25 and $10,500.00 respectively. The County and Respondents are currently negotiating expert fees for Respondents' appraisal fees and additional engineering fees. Attached is the proposed Agreed Order providing for the following funds: . Planning Fees: . Engineering Fees $ 1,260.25 $10.500.00 Total $11,760.25 Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Funds in the amount of $11,760.25 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: I . Approve the Agreed Order; and 2. Approve the expenditure and disbursement of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Casc No.: 03-2352~CA vs. Parcel Nos.: 720, 820A, 820B, 920 ELHANON COMBS, et aI., Respondents. / AGREED ORDER A WARDING EXPERT FEES AND COSTS THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through thc undersigned counsel, and Respondents, EllIANON COMBS and SANDRA S. COMBS (hereafter "Respondents"), by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: 1. Respondents shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Thousand Two Hundred Sixty Dollars and 25/100 ($1,260.25) for planning fees of Planning Development IncOlporated. 2. Respondents shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Ten Thousand Five Hundred Dollars and No/100 ($10,500.00) for engineering fees of DMA Engineering, Inc. 3. ORDERED that within thirty (30) days of receipt by Petitioner of the Agreed Order entered by the COUtt, Petitioner, COLLIER COUNTY, FLORIDA, shall disbursc the total amount of Eleven Thousand Seven Hundred Sixty Dollars and 25/100 ($11,760.25) to the FORMAN HANRAITY MONTGOMERY TRUST ACCOUNT, c/o Charles R. Forman, Esquire, 1323 SE Third A venue, Fort Lauderdale, Florida 33316 for proper disbursement. 4. ORDERED that this Court reserves jurisdiction to award appraisal fees and additional engineering fees incurred in the defense of this case pursuant to Section 73.091, F.s. DONE AND ORDERED this _ day of , 2007 in Naples, Collier County, Florida. CIRCUIT COURT JUDGE Conformed copies to; Heidi F. Ashton, Esquire Charles R. Forman, Esquire E. Glenn Tucker, Esquire Greg Carlisle, Individually & d/b/a Fitness Quest (address unknown) Gulf American Marine, Inc. MLHM as Custodian in care of Tax Asset Group JD Allen & Associates, Inc. Kevin Hendricks, ROW Acquisition Mgr., TranslECM Bookkeeping 2 JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcels 720, 820A, 820B and 920. Dated: Dated: @ CHARLES R. FORMAN, ESQUIRE Florida Bar No.: 229263 FORMAN HANRATTY & MONTGOMERY 1323 SE Third Avenue Fort Lauderdale, Florida 33316 (954) 522-9441 - Telephone (954) 522-2076 - Facsimile ATTORNEY FOR RESPONDENTS HEIDI j<'. ASHTON, ESQUIRE Florida Bar No.: 966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34H2 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 3 Item Number: Item Summary: Meeting Date: Page I of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcels 720, 820A, 8206 and 920 in 1he Lawsuit Styled Collier County v. Elhanon Combs, ot ai, Case No. 03-2352-CA (Golden Gate Parkway, Project #60(27) Fiscal Impact: $11.760.25. 8/14/20079:00:00 AM Prepared By Heidi F. Ashton County Attorney Assistant County Attorney Date County Attorney Office 7124120072:20:14 PM Approved By Norm E Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 712512007 1 :57 PM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 7130/200712:45 PM Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager Date TEeM-ROW 7131/2007 3:15 PM Approved By Lisa Taylor Transportation Services Management/Budget Ana!yst Date Transportation Administration 7131/2007 3:42 PM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 7131/20074:18 PM Approved By Davjd C. Weigel County Attorney County Attorney Date County Attorney Office 81912007 12: 1 0 PM Approved By OMS Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 8/1012007 2: 13 PM http://bccagenda/lntranet/ attachm entvi ewer. aspx? attachmentid=-l &i temid=96 72 8/13/2007 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Adis Esteves (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 118, Trail Ridge, Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Adis Esteves for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Adis Esteves, which application, after staff review, was determined to qualify for the program. Lega] status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Trai] Ridge subdivision in Naples. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval ofthis document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: This agreement defers $19,372.52 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-40] of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of ] 00% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Adis Esteves located at Lot] 18, Trai] Ridge, Naples. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Return to FrankRlmsey CollierCoontyHHS 3301 E. Tamiami Trail Naplei', FllIrida 34112 File# 07-027-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 ;) r:..j day of June, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Adis Esteves" (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 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 Nineteen Thousand Three Hundred Seventy Two and 52/100 Dollars l$t9.372.521. 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 ovmer, 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 dm;umentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement. and the default is not cwed 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, 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 fec 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 unti 1 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 ofticial 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, FLORJDA, By: By: , Deputy Clerk JAMES COLETTA, CHAtRMAN ~, ~iJt i fV~1-- 1 t Name .," '- ') ~. !'__" i \} Witne~es: ~../!' l:~. r)?/.?/",o/j. ~,~ .~: Pfi'nt Name Ii) f ~ k4:~ ;'1> STATE OF Fl.ORIDA) COUNTY OF COLLIER) OWNER: , c::' n\("lJ.r,'f~, T Adis Esteves OWNER: 2007, The for\going A~cement, was acknowledged before me this -{;.."-1 day of by f-r\;") t=",...,\CIi\?"":. ___' who is ocrsonallv known to me or ._.._.._.._._ as proof of identity. j.. , ,,_, 'In.e , has produced ~''',^^"^,,,^,,"VJV'l.''''-J'''). 'RIMRSlilil, .',:<UO, ~ ""''''\'''''~s'o'~''''')o''',,,:,"\ ~~;:(:f~~~:t~f~~'f~~~ </', :1"--7 .' ." ~., / /q-?1tb lJt.:.1r---~. J. sfgnature of Person Taking I cknowledgment a ow ssistant County Attorney Rec&mend Ap roval: J!c;?,;;;~:~ ~' M~' -f7 Director Collier County I-lousing and Human Services EXlUBIT "A" LEGAL DESCIUPTJON Lot 118, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records or Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type or 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 Fce H. Government Buildings Impact Fcc I. Law Enforcement Impact Fcc J. Water Impact Fee K. Sewerlmpact Fee TOTAL IMPACT FEES JAK Approved--.l_I_ Amount Owed $100.59 $62.14 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $4tO.00 $171.61 $3,415.00 $3,515.00 $19,372.52 Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign. a lien agreement with Adis Esteves (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied afford~lble housing unit locatmj at Lot 118, Trail Ridqe, Naples. 81141200'19:00:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 7120120078:08:11 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 712412007 7:30 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 712512007 10:45 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/27/20078:10 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 71271200710:33 AM Approved By Susan Usher Senior Managernent/Budget Analyst Date County Manager's Office Office of Management &. Budget 713012007 3:26 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 813120075:00 PM http://bccagenda/lntranet/attachmentviewer.aspx?attachmentid=-l &itemid=96 7 6 8/13/2007 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Segura and Maria Do Lo Segura (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 144, Independence Phase Ilo OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Jose Segura and Maria D. L. Segura for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Jose Segura and Maria D. L. Segura, which application, after staff review, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Independence Phase II subdivision, Immokalee. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: This agreement defers $19,274.83 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Pees for Owner Occupied Affordable Housing Dwelling Units for Jose Segura and Maria D. L. Segura located at Lot 144, Independence Phase II, Immokalee. PREPARED BY: Prank Ramsey, SHIP Program Coordinator, Housing and Human Services Refumto Frank Ranney CoWer County HIlS 3301 E. Tamlaml TnJI Naple8,Florida34112 File# 07-110-IF Thi..paceforrecon:lilll 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 June, 2007, between Collier County, a politicat subdivision of the State of Florida (COUNTY) and "Jose Segura and Maria D. 1. Segura" (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 contlict 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 futl 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 Nineteen Thousand Two Hundred Seventy Four and 83/100 ($19.274.83) Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annwn, 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 hen 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 othef\vise be superior and paramount to the interest in the dwelling unit of any ovmer, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for COWlty taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary docwnentation evidencing same. 7. In the event the OVINER 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, 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 attorne.y'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: By: JAMES COLETTA, CHAIRMAN , Deputy Clerk OWNER: Witnesses: ~ '--Hi ad- c." GJl..uQ;\ Print Name'-fYI Q..-'\.-h" A-I.vGtrnrL, AP j-J 3. ~ vra Jose Segura OW'NE -(r') -----. Maria D. ra STATE OF FLORIDA) COUNTY OF COLLIER) 2007, Th;Joregoing Agreement'Ts aCk~l.edged b. efofe me thi.~ day Of9 I~ , by~,-, s:e':l"t.rt !-..(<:,\,\ ~Ui"".w:rSlllJ.aliy_~!<>-me has produced , , /'1' proof of identJty " Reco(f!Ul1end APPro!"l: , ,{:d~~bin'tJpA-/L, --0 Director Collier County Housing and Human Services EXHffiIT"A" LEGAL DESCRIPTION Lot 144, 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 ollm pact Fee Amount Owed 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 TOTAL IMPACT FEES $tOO.59 $113.53 $460.23 $935.00 $2,06800 $8,22800 $6,359.00 $725.00 $285.48 $19,274,83 1AK Approved _1_1_ Page 1 ofl COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Segura and Maria D. L. Segura (Owners) for deferral of 1001% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 144. IndependenCE> Phase II. 8/14/2007 9:00:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date PubliC Services Housing and Human Services 7/20/20078:13:06 AM Approved By Marcy Krurnbine Director Date Public Services Housing & Human Services 7/24/20077:36 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/25/20074:39 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/27/20078:12 AM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/27/2007 12:57 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/30/2007 1 :47 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/4/20079:05 AM http://bccagenda/lntranet/ attachmentvi ewer. aspx ?attachmentid =-1 &itemid=96 7 8 8/14/2007 EXECUTIVE SUMMARY Recommendation that the Board of Connty Commissioners approves, and anthorizes the Chairman to sign, a lien agreement with Clement Garcon and Idelette Garcon (Owners) for deferral of 100% of Collier Connty impact fees for an owner-occupied affordable honsing unit located at Lot 136, Independence Phase II. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Clement Garcon and Idelette Garcon for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Clement Garcon and Idelelte Garcon, which application, after staff review, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Independence Phase II subdivision in Immokalee. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed othetwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: This agreement defers $10,177.64 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Pees for Owner Occupied Affordable Housing Dwelling Units for Clement Garcon and Idelette Garcon located at Lot 136, Independence Phase II, Immokalee. PREPARED BY: Prank Ramsey, SHIP Program Coordinator, Housing and Human Services Returntll Frank Ramsey Collier County HHS 3301E. TamiluniTnail Naple.,Florida34U2 File# 07-112-H' ThIii.pacefllrr<:l.'lIrding LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 011 day of June, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Clement Garcon and Idelette Garcon" (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 COWlty 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 tenn 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 Ten Thousand One Hundred Seventy Seven and 64/100 Dollars ($10.177.64). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annWTI, 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 hen 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 Wlit 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 Ab'feement's requirements, COUNTY shall. record any necessary docwnentation 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 'Nritten 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, 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 aU 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 ahlTeement between the parties with respect to the subject matter herein, and shall be binding upon the O\VNER'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 \witten. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: JAMES COLETTA, CHAIRMAN , Deputy Clerk Witnesses: __ ~ '-h\D.A:kk ()..Q.;J~ PrintNamelJ..~ c>'\~<>tL OWNER: "e~~/~ Clement Garcon ~~ . . ame=-AJ ~- OWNER: "f?;F/)if2'@ ('~./{ \In'l Idelette Garcon ......-- ! I STATE OF FLORIDA) COUNTY OF COLLlER) 2007, Theloregoi, Agree'l wrnknowledge.d before me this ~ day of b{' P.,~' e,. '" ~~nally known to me or , as proof of identity. /1 - ..k~ has produced NOTARIAL SEA II J>.''''' VIRGINIA CANW ~'W~ MY COMMISSION 11 DIm442S :l~ 5XP1RES:~12.2010 "::1...oTMY l'1.l-,.oo.-t......eo. ! ---. ,/ / I L-- Signature 0 erson Taking Acknowledgment stoform Reco1mmend Apprcfal /~-~-~~14 v C, /M rcyKrurnbme,MPA Director Collier County Housing and Human Services . Klatzkow agl J Assistant County Attorney EXHmIT "A" LEGAL DESCRIPTION Lot 136, 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" nwPACTFEEBREAKDOWN Type of Impact Fee Amount Owed 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 TOTAL IMPACT FEES $tOO.59 $1 t3.53 $46023 $93500 $2,068.00 $1,778.00 $4,489.00 $ t50.24 $83.05 $10,177.64 JAK.Approved~/~/_ Page 1 of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F Item Summary: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Clement Garcon and Idelette Garcon (Owners) for deferral of 10Q(};) of Collier County impact fees tor an owner-occupied affordable housing unit located at Lot 136, Independence Phase II. 8/14/2007 9:00:00 AM Meeting Date: Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 7120120078:19:24 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 7124/20077:40 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/25/20072:18 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/27/20078:14 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 7/271200712:58 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/30/200712:48 PM Approved By James v. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/6/200710:13 AM http://bccagenda/lntranet/attachmentviewer.aspx?attachmentid=-l &itemid~968l 8/14/2007 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Vanessa Duckworth (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 17, Trail Ridge, Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Vanessa Duckworth for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Vanessa Duckworth, which application, after staff review, was determined to qualify for the program. Legal status has been verified and documents are on file at the oftice of Housing and Human Services. The property is located in the Trail Ridge subdivision, Naples. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. rfthe decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: This agreement defers $13,616.20 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Vanessa Duckworth located at Lot 17, Trail Ridge, Naples. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Rcturnto Frank Ramsey Collier County HHS 3301 E:.TamiallliTrail Naples, Florida 34112 File# 07-107-IF Tbis 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 ~ day of June, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Vanessa Duckworth" (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: l. 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 Thirteen Thousand Six Hundred Sixteen and 201100 Dollars ($13.616.20), 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 amoW1t. 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 do~umentation 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, 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 \Vfitten. Attest: DWtGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: JAMES COLETTA, CHAIRMAN , Deputy Clerk OWNER: \J~l>-., Vanessa Duckworth OWNER: Witnesse;>: 1 '"I " /,/ 1/""//1/1 /!i-V Print Name AJ0041.C\ 4;;- At..tf-J /d,,,-~/r;-I1' , STATE OF FLORIDA) COUNTY OF COLLIER) The fOjegoing Agreement was acknowledged before me this -E- day of ,~V'1e 2007, by \ UV\t;:9i(l. 1\.);;.\.0...,..>-".(...., who is personally known to me or has produced 7(. ~.:::...::, 0'-''<' L;(." ""'( as proof of identity. ~.v.""'~'~"'''''''.-'\A.'':'-.<.,'' [l!!0T'ARM>P:,SEAiLl' cc,/ ;;, ;;&l-YI----:::;.':ro~"'I~".r_," "",n"" ~ ~~~~~,'~._, ,'< :.:x "~:~~~,~::;:~~'~~~:E;~~::;~ , -.r,(",'v'~',^'v'r..-v,~JV,;"",,"""'''''''''.''.''' /' 'J / VIL--- Si 'nature of Person Taking 2 ! nowledgment Reconunend Appro al: Jeffr Man Klatzkow Assistant County Attorney ,.--/L) -.(: a cy Krumbine, M A Director Collier County Housing and Human Services EXHIBIT "A" LEGAL DESCRIPTION Lot 17, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records ofeollier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type olImpac! Fce 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 1. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAKApproved_I_I_ Amount Owed $100.59 $62.14 $368.18 $750.00 $t,659.00 $827.00 $3,731.00 $150.24 $83.05 $2,760.00 $3,125.00 $13,616.20 Page I of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation that the Board of County Commissioners approves. and authorizes the Chairman to sign, a lien agreement with Vanessa Duckworth (Owner) for deferral of 1000,{) of Collier County impact fees for an owner*occupied affordable housing unit located at Lot 17, Trail Ridge, Naples. 8/14/20079:00:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 7/20/20078:27:05 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 7/24/20077:48 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin, 7/25/200711:10 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/27/20078:16 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/27/200712:59 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/30/200712:43 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/4/200710:17 AM http://bccagenda/lntranet/attachmentviewer.aspx?attachmentid=-1 &itemid=9683 8/14/2007 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Sadilia Frederic (Owner) for deferral of 1000!.. of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 137, Independence Phase II. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Sadilia Frederic for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Sad ilia Frederic, which application, after staffreview, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Independence Phase n subdivision, Immokalee. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMP ACT: This agreement defers $ I 0, 177.64 in impact fees. Although it is expected that the County will ultimately col1ect these deferred fees (general1y upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is ful1y consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances ofCol1ier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwel1ing Units for Sadilia Frederic located at Lot 137, Independence Phase n, lmmokalee. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Return to FrftnkRam.sey Collier Counry HHS llOI E. Tllmlaml TrlliI Naples, FloridaJ4t12 File# 07-094-IF This spllce for ruonling 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 June, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Sadilia Frederic" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideratio~ 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 shalt appty. 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 refmancing 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 dosing 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 Ten Thousand One Hundred Seventy Seven and 64/100 Dollars ($10.177.64). 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 nul 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 docrunentation evidencing same. 7. In the event the OWNER is in default tmder 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, 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 COlmty 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: By: JAMES COLETTA, CHAIRMAN , Deputy Clerk OWNER: Witnesses: A (\ _ ( \..fYbd-::U", ~ Print Name mClr~ lCI:\."a.~ 5'adJ '/,::", lied t?r; (' Sadilia Frederic wuJesses: '/..J] "/ '.. ' I'J~_<~ .~~ .. fSrin" ame I~ rl.-; a. ( --L;t~ STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: iG.~ AGNES MENDO~ ",,-"".l.)dU}llllfl,S~20lo "\". ~~ E.XPW:S':"'~o;_'_co ''')~M~ ".'-' :""';""'""^ The ,foregoing {\gr"fDJent was acknowledged before me this .dQ. day of ,\ In -e- , by ....yJ..(Qo Cf1t(1 t'1I'..fffo/Ju> , who j.;: ppr';:(ln~lIy known to,me or has produced as of identity. . . / //""" / (-/::,"-1'--7.. :2~J /1:.. /oJ e of Person Taking Acknowled ent 2007, / ',/ Recommend App oval: hJ EXHIBIT "At! LEGAL DESCRIPTION Lot 137, 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" IMP ACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee Amount Owed C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee $tOO.59 $t 13.53 $460.23 $935.00 $2,068.00 $1,778.00 $4,489.00 $150.24 G. Road Impact Fee H. Govenunent Buildings Impact Fee TOTAL IMPACT FEES $83.05 $10,177.64 I. Law Enforcement Impact Fee JAK Approved ~ _1_ Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien 30reernent with Sadilia Frederic (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 137, Independence Phase II. 8/14/20079:00:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 7/20/20078:29:13 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 7/24/20077:43 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/25/2007 11 :08 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/27120078:16 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 7/27/2007 1 :00 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Dffke of Management & Budget 7130/200712:39 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/4/200710:20 AM http://bccagenda/Intranet/ attachmentviewer .aspx? attachmenti d=-l &i temid=9684 8/14/2007 EXECUTIVE SUMMARY Recommendation to approve the purchase of one fixed-route bus as a scheduled replacement to be operated by Collier Area Transit. OBJECTIVE: To acquire approval to purchase one fixed-route bus and trolley decal wrap for Collier Area Transit. CONSIDERATIONS: Staff requests approval to purchase, through State contract one Gillig heavy-duty transit buses from Gillig Corporation, Haywood California, at a total cost of approximately $336,326, which is $324,326 for the bus plus $12,000 for the bus wrap. We anticipate a delivery date of February 2008. The bus is a scheduled replacement. The fixed-route bus will be purchased with a combination of $25,000 in insurance money for bus #68, $217,800 in FY04 5307 Federal Transit Administration (FTA) 5307 formula grant money, which is awarded for capital expenses, and the remainder of $93,526 in FY06107 FT A 5307 formula grant money. Approval ofthis document by the County Manager is subject to formal ratitication by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Sufficient budget exists to fund the desired acqmSl110n. These replacement buses were planned and programmed for purchase as part of the approved Collier Area Transit (426) budget. While 5307 grant dollars represent the primary funding source for this purchase, insurance proceeds due from a previous bus fire will offset a small portion of this purchase. In order to recognize and expend anticipated msurance proceeds and 5307 FY03/04 grant proceeds, a budget amendment will be required. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 in the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve (I) the purchase of a fixed-route bus through Gillig Corporation under Florida Public Transportation AssociationlHartline Contract 2003-07-01; (2) approve and waive formal competition and authorize the purchase of the trolley decal wrap through Stan Mitts, who owns the copyright to these designs; (3) and approve the necessary budget amendments for the express purpose of recognizing insurance proceeds and expending said proceeds to offset this planned bus purchase; and (4) and approve a budget amendment for the express purpose of recognizing the FY04 5307 FT A grant in the amount of $217,800. Prepared By: Sue Faulkner, Principal Planner, Alternative Transportation Modes Dept. BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#... JE#.. BAR#. A.P.H. Dale.. Fund Number 426 Fund Description County CA TT Transit Date Prepared: 8/3/07 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail CA TT Trans Enhancement 426 FTA Section 5307 1 d FdCtrNo.: 138336 WBS No.: 350222 (Provide the Fund Center or WBS cement information; it is not require to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budl!et 138336 3502/2 764110 Autos and Trucks 217,800.00 0 2]7.800.00 Net Change to Budget 217,800.00 Fund Center Title: WBS Element Title: Expense Budget Detail CA TT Trans Enhancement CA T 426 Fd Ctr No.: 138336 WBS No.: 610111 (Provide the Fund Center or WRS element information; it is not required to provide hoth.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budl!et 138336 610111 764110 Autos and Trucks 25.000.00 0 25,000.00 Net Change to Budget 25,000.00 Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budl!et Net Change to Budget Fund Center Title: WBS Element Title: Revenue Budget Detail CA TT Transit Enhancement Fd Ctr No.: 138336 WBS No.: (Provide the Fund Center or WBS element information; it is not reauired to Drovidc both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Budeet 138336 350222 33 1473 Grant Proceeds 217.800.00 153.063.19 370,863.19 138336 610111 369130 Insurance 25.000.00 0 25,000.00 Net Change to Budget 242,800.00 EXPLANATION Why are funds needed? Funds are needed to purchase and replace a bus that was destroyed in a fire. Where are funds available? Funds are available in Fund 426 FT A Seetion 5307 and from insurance proceeds, DATE I Cost Center Director: Division Administrator: Budl!et Department: Al!encv Manal!er: Finance Department: Clerk of Board Admin.: Input bv: B.A. No.: REVIEW PROCESS .:::> <:.:;, c' ,~ ., '" r:T . , '.'~ I)) C. 'J'> .}', 'l> .:::~ ;;.J >, ::f i7 i~:', LL ,'~;: ';S ~:: LDfJ::j' is' :> '1' l'-' :;3 ::,:J LU ~ -or ';:" r" u. ,,' tj .. i);:' (,' !l '0 . '" " c C c '" , , if" Ii, iI/ t,' .2 " .. " '" i .;; u c ... c .. -r .. ."" q~) r-~ .~ e ... 1II ~ "i. , , ., ii. .. '0 ;:: .. 'll ~ c &! .;:; .. I,U '" Q '" Item Number: Item Summary: Meeting Date: Page 1 of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F Recommendation to approve the purchase of one fixed~route bus as a scheduled replacement to he operated by Collier Area Transit. 8/14/20079:00:00 AM Prepared By Sue Faulkner Transportation Services Principal Planner Date Alternative Transportation Modes 7/23/20078:38:36 AM Approved By Diane B. Flagg Transportation Services Director ATM Director Date Alternative Transportation Modes 7/30/20072:59 PM Approved By Norm E. Feder, Alep Transportation Services Transportation Division Administrator Date Transportation Services Admin. 7/31/20072:40 PM Approved By Therese Stanley Transportation Grants Coordinator Date Transportation Administration 8/3/20079:27 AM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 8/3/2007 11 :15 AM Approved By Pat Lehnhard Transportation Services Executive Secretary Date Transportation Services Admin 8/3/2007 1 :24 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 8/7/20077:30 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 8/9/20073:59 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 8/9/20076:03 PM http://bccagenda/lntranet/ attachmentvi ewer. aspx ?attachmentid =-1 &i temi d =9696 8/14/2007 EXECUTIVE SUMMARY Recommendation that the Collier County Board of County Commissioners (BCe) approve an Agreement between Florida State University Board of Trustees (FSU) and Collier County, Florida, implementing the FSU medical project (the project) in Immokalee as approved by the Community Redevelopment Agency (CRA) and the BCC on May 22, 2007. OBJECTIVE: Recommendation that the BCC approve the attached agreement between FSU and the BCC to implement the authorizations outlined in the attached Executive Summary approved by the BCC on May 22, 2007. CONSIDERATIONS: On May 22, 2007, the BCC approved the attached Executive Summary which permits expending no more than $250,000 in tax increments from Fund 186 (lmmokalee Redevelopment) to assist in the implementation of this project. The attached agreement with FSU implements this expenditure in a manner approved by the County Attorney. FISCAL IMPACT: Please refer to the attached May 22, 2007, BCC Executive Summary. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: Please refer to the attached May 22, 2007, BCC Executive Summary. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, and may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. LEGAL CONSIDERATIONS: As previously mentioned, this project was authorized on May 22,2007, by the BCe. The attached agreement implements this action. ADVISORY BOARD RECOMMENDATION: The Immokalee Local Redevelopment Advisory Board has previously recommended and endorsed this project to the CRA and the BCC in accordance with the attached May 22,2007, approved Executive Summary. STAFF RECOMMENDATION: That the BCC approve and authorize the execution of the attached agreement between the BCC and FSU. Prepared by: Thomas Greenwood, Principal Planner, Comprehensive Planning Department AGREEMENT THIS 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 FLORIDA STATE UNIVERSITY, for and on behalf of THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, hereinafter called FSU. WITNESSETH WHEREAS, the COUNTY, in cooperation with FSU wishes to upgrade and improve a 32,000 square-foot building in Immokalee now owned by FSU provided it remains a medical training facility, for benefit of the public and Immokalee Community, hereinafter referred to as the "Project", and WHEREAS, FSU has contracted with a construction manager, Willis A. Smith Construction, Inc., on a continuing services contract secured through the competitive selection process, hereinafter called the CONTRACTOR, and WHEREAS, the COUNTY desires to compensate and have FSU engage said CONTRACTOR for the Project; and WHEREAS, FSU is agreeable to and desirous of undertaking such services for COUNTY in connection with the Project, and WHEREAS, the COUNTY is agreeable to and desirous of providing funding to FSU in connection with the Project as described herein not to exceed two hundred fifty thousand dollars ($250,000.00); NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, FSU hereby agrees to undertake said services in connection with the Project as outlined below, and both the COUNTY and FSU hereby covenant each to the other to implement the Project concurrently subject to the terms and provisions as hereinafter contained. SECTION I. DESCRIPTION OF SERVICES AND TERMS OF USE 1.01 The identity and location of the medical facility is a 32,000 square foot building in Immokalee currently owned by FSU and located at 1441 Heritage Boulevard, Immokalee, Florida. If additional locations are added, they shall be mutually agreed upon in writing between FSU and the COUNTY. 1.02 A description of the services to be provided under this Agreement as well as the cost for each service shall be as per Exhibit "A", attached and incOlporated herein by reference. 1 SECTION II. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written and shall terminate five years from that date unless as provided in 2.02. 2.02 On or before the expiration date of this Agreement, the Parties may extend this Agreement by mutual agreement under all of the terms and conditions contained herein for an additional multi-year period to be determined by the COUNTY or its designee and FSU. 2.03 The COUNTY or FSU may terminate this Agreement with reasonable cause or by mutual agreement prior to the expiration of this Agreement, upon sixty (60) days prior written notice each to the other. In the event of such termination by FSU, the COUNTY shall be entitled to pro-rata compensation for the cost of improvements provided, based on a five year depreciation schedule. The COUNTY shall not be entitled to any compensation after the fifth year. SECTION III. FSU's RESPONSffiILITIES 3.01 FSU shall assume the entire responsibility for contracting with the CONTRACTOR for the Project described herein. 3.02 FSU shall be responsible for management and oversight of the Project. 3.03 FSU agrees to assign a representative to the Project during the term of the Project so that the COUNTY may effectively coordinate with FSU. In this respect, FSU agrees to require its representative or agent to attend regular progress meetings as may be reasonably requested by the COUNTY. 3.04 FSU agrees to administrate, in the form of plans, memoranda and reports, Project clarifications and changes which may be necessary during the Project. If any such changes exceed the contract amount authorized by this Agreement, FSU shall notify the COUNTY's representative, and if the COUNTY approves such changes in writing, and agrees in writing to reimburse FSU for the additional costs, FSU shall forthwith prepare Change Order and/or Supplemental Agreement documents as appropriate. The above notwithstanding, the COUNTY additionally authorizes FSU to prepare, execute and implement minor Change Orders to the Contractor for work changes necessitated by the Project so long as the contract amount authorized by this Agreement is not exceeded. 3.05 FSU agrees to obtain required waivers and releases of claim of lien from persons and firms performing work or providing services on or for the Project. 2 SECTION IV. COUNTY'S RESPONSIBILITY 4.01 With respect to specific services to be provided to FSU by the COUNTY under the terms of this Agreement, services are deemed to include but shall not necessarily be limited to the following items: 4.02 The COUNTY agrees to assign a representative to the Project during the term of the Project so that the COUNTY may effectively coordinate its services with FSU. In this respect, the COUNTY agrees to require its representative or agent to attend regular progress meetings as may reasonably be requested by FSU. 4.03 The COUNTY shall provide reimbursement to FSU of the actual costs of the Project up to and including the sum of two hundred fifty thousand dollars ($250,000.00) 4.04 In the event that the COUNTY should desire additional services as necessary and mutually agreed upon under this Agreement in addition to those identified in Exhibit "A", and which would exceed the contract sum of two hundred fifty thousand dollars ($250,000.00), Supplemental Agreement documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by both the COUNTY's representative and FSU in compliance with the then current COUNTY Purchasing Policy. 4.05 The COUNTY shall regularly and periodically examine, with FSU's representative, requests for payment (monthly pay estimates) as submitted to FSU by FSU'S contractor to determine that they are in order for payment and consistent with the contract between the COUNTY and FSU. When such requests are deemed to be in proper order the COUNTY shall certify that to the best of its knowledge, the quality and quantity of work performed is in accordance with the Project services and shall transmit them for payment to the COUNTY Finance Director as part of the payment process for the Project. 4.06 Upon completion of all work associated with the Project, including all Change Orders and Supplemental Agreements thereto, COUNTY shall make a final review of the Project with FSU's agent or representative. 4.07 The COUNTY shall have the right to inspect any work done for the Project and shall have access to the site at all times. 4.08 The COUNTY reserves the right to make a final inspection and approval of any work done for the Project prior to making payment. SECTION V. INDEMNIFICATION 5.01 To the extent permitted by Florida law, FSU and the COUNTY shall each defend, indemnify and save the other harmless from any and all claims, liability, losses and causes of actions arising out of any act, error, omission, or negligence arising from or incident to each party's performance under this Agreement. Neither party shall be responsible for any incident 3 arising from the sole negligence of the other. This section is not intended to extend the limits of sovereign immunity as provided in S 768.28, Fla. Stat. (2007). This provision shall also pertain to any claims brought against the parties by any employee of the named parties, any sub-contractor, or anyone directly or indirectly employed by any of them. The parties' obligations under this provision shall be limited to the extent provided by Florida law. SECTION VI. INSURANCE 6.01 The COUNTY and FSU shall maintain insurance coverage in the minimum amounts and types as required by Florida Law. 6.02 The COUNTY and FSU agree that either party may be self-insured on the condition that all self insurance(s) must comply with all state laws and regulations. 6.03 The General Liability Policy provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provision. SECTION VII. REPRESENT A TIVES For FSU: Lawrence R. Rubin Director of Facilities Design and Construction Florida State University 109 MMA Florida State University Tallahassee, Florida 32306-4152 850-644-3591 (w) 850-443-7151 (c) 850-644-8351 (fax) lrubin@admin.fsu.edu For COUNTY: Thomas Greenwood, AICP Principal Planner Collier County Planning Department 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2323 (w) (239) 213-2946 (fax) thomasgreenwood@colliergov.net 4 SECTION VIII. PAYMENT 8.01 The COUNTY shall pay unto FSU the amount of COUNTY'S cost of services pursuant to Article 4.03 and 4.04 above. 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". SECTION IX. MISCELLANEOUS 9.01 This Agreement shall be governed by the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement each party shall be responsible for the payment of its own court costs and other expenses, including reasonable attorney's fees. 9.02 It is understood that this Agreement shall be executed by both parties prior to FSU and the COUNTY commencing with the work and services described herein. 9.03 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by FSU and by the COUNTY's designee, in compliance with the then current COUNTY Purchasing Policy. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A TrEST: DWIGHT E. BROCK, CLERK JAMES COLETrA, CHAIRMAN Approved as to form and legal sufficiency @g~en M. Greene Assistant County Attorney AS TO THE FLORIDA STATE UNIVERSITY: JOHN CARNAGID VICE PRESIDENT, FINANCE AND ADMINISTRATION Approved as to form and legal sufficiency: Dayton M. Cramer Deputy General Counsel The Florida State University Office of General Counsel 07.CMP.OO32SI2 6 'X EXBIIm' A Community Redevelopment Agency FSU P~ol.ct. Immok.... FL Appr.....1 Bulldlng1Mplclkm PlIInt ..Co8metlll.R....11lI to~o, hlnt,.'""",,11lI to Interior t>JiII..-lllIlvlronmen18' Stu<!}r MI8o\III- -: IelIkIn9 windows, soap dlspenllers, towel __18, cabinet repei'... ceiling iiIas, removal Of temporary wall, iej:lllleement of doors I,ollklJlnfth 'a.cti'ICIII Cab.... ReplO". PlumblRIJ ReplIlr. Flooring RepI_ment . ~palr BlOhaUrdoIM ....181 Removel . C1e.nlng (mold) l.andacaplng Equipment" Fu,nlahlns- $ $ $ $ $ 15,000.00 5,250.00 72,112.1lO 32,3D2.oo 2,200,00 $ 32,586.00 $ $ $ 1,580.00 11,700.00 6.500.00 $ 4,080.00 $ 5,511;00 $ 8,!IOO.00 $ $ 14,801.00 37,014.00 TOTAL $ 250,000.00 7 EXECUTIVE SUMMARY 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 l4A to be considered following action on l4A) OBJECTIVE: Recommendation that the Collier County Board of County Commissioners, contingent upon CRA approval, authorize a budget amendment totaling $250,000 from FY07 Fund 186 Reserves to assist with the establishment of a Florida State University (FSU) School of Medicine rural health training center in Immokalee. CONSIDERATIONS: On June 16, 2004, the Immokalee Local Redevelopment Advisory Board met to recommend that the Community Redevelopment Agency (CRA) utilize Tax Increment Financing funds to assist with the establishment of an FSU School of Medicine rural health training center in Immokalee. The purpose of the facility is to train nurses, social workers and other healthcare professionals who will, in turn, provide medical services to the Immokalee community. In 2004, the total cost for this project was estimated to be between $1.3-1.5 million, however, the estimated cost has since increased. Most of the funding will be borne by the university and private donors. On June 22, 2004, the CRA gave "conceptual" approval for this expenditure, but requested that an itemized list of specific costs be submitted for consideration before final approval of a dollar amount, not to exceed $250,000, could be made. To satisfy the CRA Board's request, Mr.Richard Akin, CEO of Collier Health Services, Inc. (a partner with FSU's School of Medicine), submitted a budget outlining the project's start-up costs. The budget is attached to this executive summary as Exhibit A. At the June 22, 2004 meeting, the CRA also requested that the County Attorney's office review the proposed expenditures to ensure consistency with the County's Redevelopment Plan and Chapter 163, Florida Statutes. The itemized budget and legal review requested on June 22, 2004, was brought back to the CRA on November 16, 2004, where the CRA approved the expenditure of $250,000 in FY05 Budget Tax Increment Financing (TIF) funds. However, other necessary funding for the FSU Medical Facility was not realized and this expenditure was deferred to FY06 with budgeted dollars placed back into Reserve until the timing of this project was clearly defined. On January 18, 2006, the Immokalee Redevelopment Advisory Board again recommended approval of the expenditure of $250,000 from FY 06 Fund 186 Reserves to support this project. On February 14,2006, the CRA and the BCC each approved the expenditure of $250,000 in tax increment funds from the FY06 Fund 186 Reserves, as set forth in Exhibit A. This project did not proceed in FY06 and no funds were specifically earmarked for this project in FY07 due to the continued uncertainty of the project. After lengthy negotiations between FSU and NCH Healthcare System, Inc. a Florida non- profit corporation (NCH), on or about April 3, 2007, a warranty deed was executed between Community Health Care, Inc. (CHC), a not-for-profit corporation formed by NCH, and the Florida State University Board of Trustees, which transferred title to the property from FSU to CHC (see attached Gift Agreement between NCH and FSU and the warranty deed). Funding in the amount of $1,200,000 is included in line 260, page 55 of the FSU Medical Center budget along with other capital expenditures set aside for the entire FSU Medical Center system. A one-time appropriation of $967,000 was made available for operations in the current fiscal year. Future operations of the center will be subject to annual appropriations which are not guaranteed at this time, and it should be pointed out that there is a risk that the lmmokalee FSU center will not be funded in future years. There is never a guarantee that recurrent funding will be approved by the State Legislature. Therefore, the BCC runs the risk of approving a medical center that potentially could close within one year due to a lack of operating revenue. It is also possible that the FSU Medical School could reallocate funding for this Medical School from the general appropriation if cost overruns occur somewhere else in the FSU Medical School budget. On April 18,2007, the Immokalee Redevelopment Advisory Board again recommended approval of the expenditure of $250,000 from FY07 Fund 186 Reserves to support this project as outlined in Exhibit A. FISCAL IMPACT: CRA redevelopment efforts are funded primarily through Tax Increment Financing (TIF) revenue. In practice, revenue for this CRA is generated from a rate applied against the captured assessed value increment. This assessed value increment is the difference between the base assessed valuation within the Redevelopment Area, established in 1999, and the new higher assessed valuation. It is anticipated that the assessed value increment will increase each year during the Redevelopment District's life providing for moderate tax revenue increases used to finance redevelopment initiatives. The funds being requested from the BCC are for initial costs associated with the appraisal and general cleaning and repair of an unused 32,000 square-foot building in Immokalee now owned by FSU provided it remains a medical training facility and allows NCH to operate a rehabilitation/physical therapy clinic out of one of its offices free-of-charge. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The establishment of a rural health training center will further the implementation of the County's Redevelopment Plan. Accordingly Section 4.4 of the Plan (Community Objectives), economic development is emphasized in the area in order to "expand research opportunities in health care industry; nurture entrepreneurial business development and retention; and increase small-business startups and expansions." GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, and may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. LEGAL CONSIDERATIONS: As previously mentioned, the itemized budget and legal review were brought back to the CRA on November 16, 2004, following the County 2 Attorney's office finding that the expenditures are consistent with both the Redevelopment Plan and Chapter 163, Florida Statutes; therefore it is legally sufficient for Board consideration and approval. ADVISORY BOARD RECOMMENDATION: As stated above, the Immokalee Local Redevelopment Advisory Board has recommended and endorsed this project to the CRA, for the use of $250,000 of Fund 186 Reserves, contingent upon NCH and FSU agreements, on June 16,2004, January 18,2006, and April 18, 2007. The agreement has been finalized and the property sale is completed per the attached copies of the agreement and the warranty deed. STAFF RECOMMENDATION: That the Collier County Board of County Commissioners, contingent upon approval by the CRA, approve a budget amendment to approve the expenditure of not more than $250,000 in Tax Increment Funds from the FY 07 Fund 186 Reserves, as set forth in Exhibit A, to assist with the establishment of a FSU School of Medicine rural health training center in Immokalee upon receipt and acceptance of evidence of paid bills for uses limited to those shown in Exhibit A. Prepared by: Thomas Greenwood, Principal Planner, Comprehensive Planning Department 3 Item Number: Item Summary: Meeting Date: Page 10f2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F Recommendation that the Collier County Board of County Commissioners (BCC) approve an Agreement between Flnrlda State University Board of Trustees (FSU) and Collier County, Florida, implementing the FSU medical project (the project) in Immokalee as approved by the Community Redevelopment Agency (CRA) and the BCC on May 22, 2007. 8/14/20079:00:00 AM Prepared By Thomas Greenwood Community Development & Environmental Services Principal Planner Date Approved By Comprehensive Planning 7/24/200710:40:52 AM CoHeen Greene County Attorney Assistant County Atlamer Date County Attorney Office 7/24/2007 12:36 PM Approved By Randall J. Cohen Community Development & Environmental Services Comprehensive Planning Department Director Date Comprehensive Planning 7/24/200712:57 PM Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 7/25/2007 1 :50 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 7/25/20072:03 PM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 8/7/200712:18 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 8/8/2007 8:42 AM Approved By Mark Isackson Budget Analyst Date http://bccagenda/lntranet/attacbmentviewer.aspx?attachmentid=-l &itemid=9705 8/14/2007 Page 2 of2 County Manager's Office Office of Management & Budget 8/9/2007 8 :45 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/9/20071 :10 PM http://bccagenda/lntranet/ attac hmentvi ewer. aspx? attachmentid=-l &i temi d=97 05 8/14/2007 EXECUTIVE SUMMARY Recommendation to approve a Lease Agreement with Cali Realty Investment Corporation for the continued use of a building utilized by the Sheriff's SWAT Team at an annual cost of $60,000. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to execute a Lease Agreement with Cali Realty Investment Corporation to continue to lease a building and parking area for the Sheriff's SWAT Team. CONSIDERATIONS: Since 1995, Collier County has leased a building on Terrace Avenue for use by the Sheriff's SWAT Team. The property consists of a five thousand square foot office space and an exterior parking and storage area totaling five thousand square feet. At this time, the Sheriff's Office would like to remain at this location until such time as the Special Operations Facility is completed at the Naples Airport, which is scheduled for completion in the spring of 2008. The rental term in the attached Lease Agreement is for one (1) year with a provision for early termination. The County is required to pay for all janitorial and utility charges pertaining to the subject property. The Landlord will be responsible for the maintenance and repair of the building, including but not limited to, plumbing, air-conditioning systems, electrical, landscaping and irrigation. The attached Lease Agreement has been reviewed by the Office of the County Attorney for legal sufficiency. FISCAL IMPACT: The annual rent, which includes Common Area Maintenance charges, of $60,000.00, shall be paid in equal monthly installments of $5,000.00 and shall be withdrawn from the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board approves and authorizes its Chairman to execute the attached Lease Agreement as described in this Executive Summary. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Estate Services, Facilities Management Department LEASE AGREEMENT This Lease (hereinafter 'Lease") made and entered into as of this _ day of , 2007, by and between Cali Realty Investment Corporation, a Florida corporation, ("Landlord"), whose address is 3101 Terrace Avenue, Naples, Florida 34104 and Collier County, a political subdivision of the State of Florida, whose address is 3301 East Tamiami Trail Naples, Florida 34112, ("Tenant"), each in consideration of the rents covenants and agreements to be performed by the other, hereby agree as follows: WIT N E SSE T H: ARTICLE I: PREMISES 1.1 DESCRIPTION OF PROPERTY: Landlord hereby leases to Tenant, and Tenant leases and accepts, subject to the terms and conditions of this Lease, the real property located at 3123 Terrace Ave, Naples, Florida 34112 (hereinafter "Leased Premises"), and being part of Tahitian Professional Plaza (hereinafter the "Plaza"). The Leased Premises are approximately five thousand (5,000) sq. feet of office space and approximately five thousand (5,000) square feet of unimproved land for parking, together with the grassed area north of said building for parking as identified on Exhibit 'A' which is attached hereto and made a part hereof. Landlord further guarantees that Tenant will be assigned the exclusive use of twelve (12) existing parking spaces adjacent to or very near the Demised Premises, plus the non-exclusive use of at least eight (8) additional non-assigned spaces, namely spaces 13 through 20, inclusive as shown on Exhibit 'A". the assigned spaces of all units will be clearly designated on each parking space. Landlord will use its best efforts to see that the tenants of other units, their employees and guests will refrain from using the assigned parking spaces of the Tenant and Tenant agrees to use its best efforts to keep its employees and guests from using the assigned spaces or other units comprising the Plaza. Lessor also agrees to provide Tenant with additional parking spaces to be located on the unpaved two (2) lots in the area north of and adjacent to the Demised Premises as defined on Exhibit "A'. 1.2 LANDLORD'S RIGHT TO MAKE REPAIRS: Landlord shall have the right to enter on the leased premises, as may be necessary, to make repairs to the leased premises and other portions of the building, provided that Landlord gives notice to the Tenant in advance of the scheduled repairs. Landlord agrees that where reasonably possible, all work in the Leased Premises shall be performed in a manner which shall not unreasonably interfere with the normal business operations of Tenant. 1.3 USE OF COMMON AREA IS SHARED WITH OTHERS: The use and occupancy by the Tenant of the Leased Premises shall include a revocable license to use in common with the others entitled thereto, the Common Areas (as hereinafter defined), as may be designated from time to time by the Landlord. - 1 - Landlord shall maintain a sufficient number of parking spaces so that the leased premises and adjoining spaces shall have sufficient parking to remain in compliance with applicable governmental ordinances. 1.4 COMMON AREA OF PLAZA: The term "Common Area" as used herein shall mean all facilities furnished in the Plaza and designated by Landlord for the general use, in common, of occupants of the Plaza, including Tenant hereunder, its officers, agents, employees. and customers, which facilities may include, but are not limited to, the parking area, sidewalks, walkways, service areas, roadways, loading platforms, drainage and plumbing systems, roof, canopies, landscaped areas and other similar facilities available for common use which may from time to time exist. Landlord shall have no obligation to permit any of the Common Areas to be operated beyond the hours designated by Landlord. All Common Areas not within the Leased Premises which Tenant may be permitted to use and occupy, are to be used and occupied under a revocable license, and if the amount of the Common Areas be diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, except as otherwise may be provided herein. ARTICLE II: TERM 2.1 TERM: The Term of this Lease (hereinafter "Term") shall commence at 12:01 a.m. on Auqust 1, 2007, and end at 11:59 p.m. on Julv 31.2008. Tenant's obligation to pay rent shall commence on the Commencement Date which shall be August 1, 2007. Except as may otherwise be agreed in writing by the Landlord and Tenant, the Term of this Lease shall not automatically renew at the expiration thereof. Tenant may terminate this Lease at any time by providing Landlord with one hundred twenty (120) days prior written notice to Landlord at the address set forth in this Lease. Said notice shall become effective upon placement of said notice in an official depository of the United States Post Office, or by Tenant hand-delivering said notice to Landlord. ARTICLE III: RENT AND OTHER TENANT CONTRIBUTIONS 3.1 MINIMUM RENT: Tenant shall pay to Landlord as Minimum Rent for the Leased Premises Sixty Thousand and NO/100 Dollars ($60,000.00), per year with the understanding that Tenant is not subject to any obligation to pay sales tax, during the twelve (12) month Term of this Lease, payable at the rate of $5,000.00 per month, in advance, on the first day of each month. 3.2 TAXES ON TENANTS PERSONAL PROPERTY: Tenant shall be responsible for and pay all municipal, county or state taxes, levies and fees, if any, of every in and nature assessed during the Lease Term against any personal property of any kind owned by or placed in, upon or about the Leased Premises by the Tenant. - 2- 3.3 LATE PAYMENT PENALTY: In the event any amount due hereunder is not paid within fifteen (15) days of the due date, interest will, subsequent to the expiration of such fifteen (15) day period, accrue on such unpaid amount including any late payment charges, at the maximum rate permitted by applicable law, or one and one-half percent (1%%) per month, whichever is less. Imposition of such late charge shall not abrogate or limit any rights or remedies which the Landlord may otherwise have hereunder. ARTICLE IV: USE OF PREMISES 4.1 TENANT'S USE OF SPACE: Tenant shall use and occupy the Leased Premises solely for the purpose of operation of a govemmental office by the Collier County Sheriffs Office. 4.2 UTILITIES TO BE PAID BY TENANT: Tenant agrees to pay for Tenant's requirements of electric, garbage disposal, janitorial services, recyclables, water and all other utilities and all taxes or charges on such utility services which are used on or attributable to the leased Premises, including any charges made by any utility company or municipality to furnish such service, whether such utility costs are determined by separate metering or are billed by Landlord. In no event shall Landlord be liable for any interruption or failure in the supply of any utilities to the Leased Premises. 4.3 SIGNS: Tenant shall not place or paint on the fascia or on any exterior door or wall of the Leased Premises any sign or advertising matter without first obtaining Landlord's written approval and consent. Tenant agrees to maintain such sign or advertising matter as approved by landlord in good condition and repair. 4.4 SANITATION/NUISANCE: Tenant shall not cause or permit injury or waste to the Leased Premises or to any other portion of the Plaza, or cause or permit a nuisance to exist thereon. Tenant shall keep the Leased Premises clean and free of rubbish, trash and garbage at all times. 4.5 RULES AND REGULATIONS: Tenant agrees to comply with and observe the following rules and regulations: (1) Tenant shall require its employees to park their vehicles in the areas designated on Exhibit A. (2) The exterior areas immediately adjoining the Leased Premises shall be kept clean and free from dirt and rubbish caused by Tenant and Tenant shall not place or permit any obstructions, advertising matter or merchandise in such areas. (3) The plumbing facilities shall not be used for any other purpose than that which they were constructed, no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by the Tenant. - 3 - (4) Tenant shall not commit or suffer to be committed any waste upon the Leased Premises or any nuisance or other act or thing which may disturb the quiet, enjoyment of any other tenant in the Plaza, or which may disturb the quiet enjoyment of any person within five hundred feet of the boundaries of the Plaza. (5) Tenant shall, at Tenant's sole cost and expense, comply with all requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to the Leased Premises, and shall faithfully observe in the use of the Leased Premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force, and all regulations, orders and other requirements issued or made pursuant to, any such ordinances and statutes. ARTICLE V: CONSTRUCTION, MAINTENANCE & REPAIRS/SUBSTANTIAL COMPLETION 5.1 TENANT'S DUTY TO REPAIR: (1) Tenant shall keep and maintain the Leased Premises in a clean, sanitary and safe condition at the sole cost and expense of Tenant. If Tenant refuses or neglects to maintain the Premises in a clean, sanitary and safe condition and corrective action is not taken by Tenant within twenty (20) days written notice by Landlord, then Landlord may, but shall not be required to, make and complete said cleaning and Tenant shall pay the cost thereof to Landlord as Additional Rent within ten (10) days of receipt of written notice of the costs incurred by Landlord. Tenant shall also make any repairs required to be made in the Leased Premises due to burglary of the Leased Premises or other illegal entry into the Leased Premises or any damage to the Leased Premises due to a strike involving the Tenant or its employees. 5.2 LANDLORD'S DUTY TO REPAIR: Landlord shall keep and maintain in good repair: (1) the Common Area; (2) the foundation, exterior walls and roof of the Plaza; (3) the plumbing, heating, air conditioning and electrical service; and (4) the structural portions of the Leased Premises which were installed by Landlord, except that Landlord shall not be called upon to make any other improvements or repairs of any kind upon the Leased Premises. Any of the foregoing repairs to be made by Landlord, required to be made by reason of the negligence of Tenant, its agents, etc. as above described, shall be the responsibility of the Tenant notwithstanding the provisions above contained in this Paragraph. 5.3 SURRENDER OF PREMISES: At the termination of this Lease, Tenant does agree to deliver the Leased Premises in the same condition as received by it on the Commencement Date (subject to the removals hereinafter required), reasonable wear and tear excepted, and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent. Any items remaining in the Leased Premises on the termination date of this Lease shall be deemed abandoned for all purposes and shall become the property of Landlord and the latter may dispose of the same without liability of any type or nature. - 4- 5.4 TENANT'S ALTERATIONS/IMPROVEMENTS: Tenant shall not make any alterations or additions to the Leased Premises without first obtaining Landlord's written consent. Any such alterations or additions made by Tenant shall be made at Tenant's sole expense. All alterations or additions by Tenant shall be complete in a good and workmanlike manner in accordance with all applicable codes and ordinances. In the event that alterations and/or improvements made to the Leased Premises by Tenant require alterations and/or improvements to the Plaza, then Tenant shall be responsible for the costs of same. 5.5 MECHANIC'S LIENS: If Tenant makes any alterations or improvements in the Leased Premises, Tenant must pay for same when made. Notwithstanding anything, to the contrary in this Lease, Tenant or any person dealing with or under Tenant, shall not charge the rents of the Leased Premises, or the property of which the Leased Premises form a part, or the interest of Landlord in the estate of the Leased Premises, or any person under and through whom Landlord has acquired its interest in the estate of the Leased Premises with, and the interest of Landlord shall not be subject to, a mechanic's lien or encumbrance of any kind, and under no circumstances shall Tenant be construed to be the agent, employee or representative of Landlord in the making of any such alterations or improvements to the Leased Premises. If a mechanic's or materialmen's lien is threatened or flied by any contractor or supplier, Tenant will promptly pay same or take steps to have the lien discharged of record, by bond, or otherwise. If same is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right (at Landlord's option) of paying the same or any portion thereof and the amounts so paid, including attorneys' fees and expenses incurred in connection therewith and interest at the maximum rate permitted by law on any sums paid or advanced, shall be deemed to be Additional Rent due from Tenant to Landlord immediately upon demand. Tenant will indemnify and save Landlord harmless from and against all loss, damage, cost or expense suffered by Landlord by reason of any repairs, installations or improvements, made by Tenant, including reasonable attorneys' fees of the Landlord. 5.6 EMERGENCY LIGHTING: In the event that any governmental regulations from time to time shall require emergency lighting to be installed in the Leased Premises the installation and the maintenance of the same, including providing of battery power shall be the responsibility of Lessor.. 5.7 ROOF: Tenant will not cause or permit accumulation of any debris of extraneous matter on the roof of the Leased Premises, will not in any manner cut or drive nails into or otherwise mutilate the roof of the Leased Premises and will be responsible for any damage caused to the roof by any acts of the Tenants, its agents, servants, employees or contractors of any type or nature. ARTICLE VI: INSURANCE 6.1 Left blank intentionally. 6.2 NOTICE OF CLAIM OR SUIT: Tenant agrees to promptly notify Landlord of any claim, action, proceeding or suit instituted or threatened against the Landlord. In the event Landlord is made a party to any action for damages which Tenant has herewith indemnified - 5 - Landlord against, then Tenant shall pay all costs and shall provide effective counsel in such litigation or shall pay, at Landlord's option, the attorneys' fees and costs incurred in connection with said litigation by Landlord. 6.3 FIRE AND EXTENDED INSURANCE COVERAGE: Tenant shall maintain at its sole expense during the Term hereof, fire and extended coverage insurance for the full replacement value of Tenant's improvements and Tenant's property in the Leased Premises, including, but not limited to, inventor, trade fixtures, furnishings and other personal property. 6.4 LIABILITY INSURANCE: Tenant shall maintain at its sole expense, during the Term hereof, public liability insurance in an amount of not less than $500,000, covering the Leased Premises and Tenant's operations within the Leased Premises protecting and indemnifying Landlord. Said insurance shall also include broad form contractual liability coverage. 6.5 INSURANCE CERTIFICATES: Tenant shall deliver to Landlord certificates of each insurance policy required in the above Paragraphs, with such certificate naming Landlord, Tenant and any other parties in interest designated by Landlord as additional insureds, as their interest may appear and providing that the insurer may not cancel such insurance in whole or in part without giving Landlord and Landlord's designees written notice of its intention to do so at least fifteen (15) days in advance. Such policies shall be written by an insurer licensed to do business in Florida and which is acceptable to Landlord. In the event Tenant shall fail to procure such insurance policy, Landlord may procure same and Tenant shall immediately reimburse Landlord for such premium. In the event Landlord is unable to procure any or all of such insurance policies, Tenant shall suspend the sales of any merchandise or cease any action which is preventing the procurement of, or relates to, the insurance policy until such coverage is in force. 6.6 PROPERTY OF TENANT: Tenant agrees that all property owned by it in, on or about the Leased Premises shall be at the sole risk and hazard of the Tenant. Landlord shall not be liable or responsible for any loss of or damage to Tenant, or anyone claiming under or through Tenant, or otherwise, whether caused by or resulting from a peril required to be insured hereunder, or from water, steam, gas, plumbing, electricity or electrical apparatus, the elements or other similar causes, and whether or not originating in the Leased Premises or elsewhere. 6.7 WAIVER OF SUBROGATION: Tenant agrees that, if any property owned by it and located in, on or about the Leased Premises shall be damaged or destroyed by an insured peril, Landlord shall not have any liability to Tenant, nor to any insurer of Tenant, for or in respect of such damage or destruction and Tenant shall require all policies or risk insurance carried by it on its property in, on and about the Leased Premises to contain or be endorsed with a provision in and by which the insured designated therein shall waive its right of subrogation against Landlord. 6.8 INCREASE IN FIRE INSURANCE PREMIUM: Tenant agrees not to keep upon the Leased Premises any articles or goods which may be prohibited by the standard form of fire insurance policy. It is agreed between the parties that in the event the insurance rates applicable to fire and extended coverage insurance covering the Leased Premises shall be increased by reason of an use of the Leased Premises made by the Tenant, then Tenant shall pay to Landlord such increase in insurance as shall be occasioned by said use. - 6 - 6.9 INSURANCE BY LANDLORD. Landlord shall at all times throughout the Term hereof maintain: (1) fire and extended coverage insurance on the Plaza (excluding the foundations and excavations) and the machinery, boilers, and equipment of Landlord contained therein and owned by Landlord (specifically excluding any property with respect to which the Tenant or other tenants are obliged to insure against damage by fire and extended perils) in an amount equal to the full replacement value and with deductions determined by Landlord in its sale judgment; (2) public liability and property damage coverage insurance with respect to Landlord's operations of the Plaza in such amounts and with deductions determined by Landlord in its sale judgment; and (3) such other form or forms of insurance with respect to the Plaza and the operations as the Landlord or Landlord's mortgagee considers advisable. The cost of said insurance shall be included in the Additional Rent provided for above. Notwithstanding the Landlord's agreement to maintain insurance and notwithstanding any contributions of Tenant to the cost of such insurance, Tenant expressly acknowledges and agrees no insurable interest is conferred upon Tenant under any policies of insurance carried by Landlord and Tenant has no right to receive any proceeds of any such insurance policies carried by Landlord. ARTICLE VII: FIRE OR OTHER CASUALTY 7.1 PARTIAL DESTRUCTION: In the event of the partial destruction of the Leased Premises by fire or any other casualty, Landlord shall restore or repair said building and improvements, with reasonable diligence, to the condition they were in immediately prior to the date of the destruction. A just and proportionate part of the rent payable by Tenant to the extent that such damage or destruction renders the Leased Premises untenable shall abate from the date of such damage or destruction until the Leased Premises are repaired or restored, all repairs must be completed within 120 days of the date of destruction. 7.2 SUBSTANTIAL DESTRUCTION. If the Leased Premises shall be so damaged by fire or other casualty as to be substantially destroyed, then Landlord or Tenant shall have the option to terminate this Lease by giving the other party written notice within ninety (90) days after such destruction, and any unearned rent shall be apportioned and returned to the respective party. If either party does not elect to cancel this Lease as aforesaid, then the same shall remain in full force and effect and Landlord shall proceed with all reasonable diligence to repair and replace the Leased Premises to the condition they were in prior to the date of such destruction and for any period of time the Leased Premises may be rendered untenable, the rent shall be abated. 7.3 RIGHTS OF LANDLORD'S LENDER: N/A 7.4 RIGHT OF TERMINATION: Notwithstanding anything contained herein to the contrary, Landlord, at its option, may terminate this Lease on thirty (30) days' notice to Tenant be given within one hundred and eighty (180) days after the occurrence of anyone of the following: (1) the Leased Premises and/or the Plaza shall be damaged or destroyed as a result of an occurrence that is not covered by Tenant's insurance; or (2) the Leased Premises and/or the Plaza shall be damaged or destroyed and the cost to repair the same shall amount to more than twenty five percent (25%) of the cost or replacement of the Leased Premises and/or the Plaza; or (3) the Leased Premises shall be damaged or destroyed during the last three (3) months of the Term. -7 - 7.5 TENANT TRADE FIXTURES: In the event of the partial or substantial destruction of the Leased Premises due to fire or other casualty, Landlord shall not be liable to Tenant for damages to Tenant's business or for damage to or replacement or repair of Tenant's personal property (including, without limitation, inventory, trade fixtures, floor coverings, fumiture and other property removable by Tenant under this Lease) or to any leasehold improvements installed in the Leased Premises by Tenant, all of which damage replacement or repair shall be undertaken and completed by Tenant promptly. ARTICLE VIII: ASSIGNMENT AND SUBLETTING 8.1 TENANT ASSIGNMENT: Tenant shall not assign, transfer or encumber this Lease without the prior written consent of Landlord and shall not sublet or allow any other Tenant to come in, with, or under Tenant, without like written consent. In no event shall Tenant assign or sublet the Leased Premises or any portion thereof for any use not permitted under this Lease or which will violate the exclusive or restrictive use rights then granted to any other tenant in the Plaza. No subletting, (notwithstanding the consent of Landlord), shall in any manner release the Tenant herein from its continued liability for the performance of the provisions of this Lease and any amendments or modifications hereto. The acceptance of any rental payments by the Landlord from any alleged assignee shall not constitute approval of the assignment of the Lease by the Landlord. No assignment of this Lease shall release the Tenant from the obligation to pay rent hereunder. ARTICLE IX: DEFAULT AND RE-ENTRY DEFAULT AND REMEDIES 9.1 EVENTS OF DEFAULT: The occurrence of any of the events described in Paragraphs 9.1.1 through 9.1.6 below shall constitute an Event of Default under this Lease. 9.1.1 F aHure ofT enant to pay in full any rental or other sum payable hereunder within thirty (15) days of the date such payment is due. 9.1.2 Default by Tenant in the observance or performance of any of the terms, covenants, agreements or conditions contained in this Lease, except that Tenant shall have a right to cure a default arising under Paragraph 9.1.1 for a period of thirty (30) days after notice thereof to Tenant by Landlord. 9.2 REMEDIES: Whenever any Event of Default shall have occurred, Landlord may, to the extent permitted by law, take anyone or more of the following remedial steps: 9.2.1 Landlord may, at its option, declare all installments of Minimum Rent, as adjusted at the time of default, to be immediately due and payable. 9.2.2 Landlord may re-enter and lake possession of the Leased Premises and improvements without terminating this Lease, and sublease in their entirety the same for the account of Tenant, holding Tenant liable for the difference in the rent and other amounts actually - 8 - paid by such sublessee in such subletting and the rents and other amounts payable by Tenant hereunder. 9.2.3 Landlord may terminate the Lease Term, exclude Tenant from possession of the Leased Premises and attempt to lease the same to another for the account of Tenant, holding Tenant liable for all rent and other amounts payable by Tenant hereunder. 9.2.4 Landlord may take whatever action at law or in equity as may appear necessary or desirable to collect the rent and other amounts then due and thereafter to become due or to enforce performance and observance of any obligation agreement, or covenant of Tenant under this Lease. and in connection with such actions, to recover any or all damages to Landlord for Tenant's violation or breach of this Lease. 9.3 APPLICATION OF FUNDS: If any statute or rule of law shall validly limit the amount of any final damages to less than the amount provided herein, Landlord shall be entitled to the maximum amount allowable under such statute or rule of law. 9.4 NO REMEDY EXCLUSIVE: No remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative, and shall be in addition to every other remedy given under this Lease, or now or hereafter existing at law or in equity or by statute. No delay or omission by Landlord to exercise any right or power accruing upon any default of Tenant shall impair any such right and power that may be exercised by Landlord at any time, from time to time and as often as may be deemed expedient. In order to entitle Landlord to exercise any remedy reserved to it, it shall not be necessary to give any notice, other than such notice as is herein expressly required by this Lease. 9.5 ATTORNEY'S FEES AND EXPENSES: In the event that Landlord shall be required to engage legal counsel for the enforcement of any of the terms of this Lease, whether such employment shall require institution of suit or other legal services required to secure compliance on the part of Tenant, Tenant shall be responsible for and shall promptly pay to Landlord the reasonable value of said attorney's fees, and any other expenses incurred by Landlord as a result of such default. ARTICLE X: COMMON AREAS 10.1 CONTROL OF COMMON AREAS: The Common Area, as defined in Paragraph 1.4 above, shall at all times be subject to the exclusive control and management of Landlord. Landlord shall have the right to operate and maintain the same in such manner as Landlord shall determine from time to time. Tenant agrees that all loading and unloading of goods shall be made at such places as are designated by Landlord and that said loading and unloading operations shall be conducted so as not to obstruct or hinder the operation of the businesses of the other tenants in the Plaza, and that Tenant will not unreasonably block or obstruct any street, sidewalk or right-of-way adjacent to or comprising part of the Plaza. Landlord shall have the exclusive right at any and all times to close any portion of the Common Areas for the purpose of making repairs, changes or additions thereto, and may change the size, area or arrangement of the parking areas and/or the - 9- lighting thereof, and may enter into agreements with adjacent owners for cross easements for parking, ingress or egress. ARTICLE XI: EMINENT DOMAIN 11.1 PARTIAL TAKING: If a portion of the Leased Premises shall be taken, as herein provided for, for public improvements or otherwise, under the exercise of the right of eminent domain, and the Leased Premises shall continue to be reasonably suitable for the use which is herein authorized, then the rental herein provided shall be reduced form the date of such taking in direct proportion to the reduction in usefulness of the Leased Premises. 11.2 SUBSTANTIAL TAKING: If the Leased Premises or a part thereof sufficient to render the Leased Premises wholly unfit for the use herein authorized shall be condemned or acquired by grant or otherwise for the widening of streets or for other pUblic improvements, or shall otherwise be taken in the exercise of the right of eminent domain. Landlord or Tenant shall have the right, at their option, to terminate and cancel this Lease on thirty (30) days' prior notice to the other, and Tenant shall be liable only for rents and other charges accrued and earned to the date of surrender of possession of the Leased Premises to Landlord and for the performance of other obligations maturing prior to said date. 11.3 AWARD: Tenant shall not be entitled to participate in or receive any part of the damages or award which may be paid to or awarded Landlord by reason of a taking under this Article except where said award shall provide for moving or other reimbursable expense for the Tenant under applicable statute. ARTICLE XII: GENERAL PROVISIONS 12.1 LANDLORD'S RIGHT OF ENTRY: For a period commencing three (3) months prior to the expiration of the Term, Landlord shall have the right to enter the Leased Premises for the purpose of exhibiting the same to prospective Tenants, and shall have the right to display "for rent", "for sale", or other similar signs or notice on the Leased Premises during the last: ninety (90) days of the Term of this Lease. 12.2 QUIET ENJOYMENT: Landlord agrees that if the rent and all other amounts due Landlord are being paid in the manner and at the time prescribed, and the covenants and obligations of the Tenant are being all and singularly kept, fulfilled and performed, Tenant shall lawfully and peaceable have, hold, possess, use, occupy and enjoy the Leased Premises so long as this Lease remains in force, without hindrance, disturbance or molestation from Landlord, subject to the specific provisions of this Lease. 12.3 WAIVER: Waiver by Landlord of any default, breach or failure of Tenant under this Lease shall not be construed as waiver of any Subsequent or different default, breach or failure. In case of a breach by Tenant of any of the covenants or undertakings of Tenant, Landlord nevertheless may accept from Tenant any payment or payments hereunder without in any way waiving Landlord's right to exercise the right of re-entry hereinbefore provided for by reason of any -10 - other breach or lapse which was in existence at the time such payment or payment were actually accepted by Landlord. 12.4 TRADE FIXTURES: At the expiration of this Lease, and provided Tenant is not in default, Tenant shall have the right to remove any trade fixtures installed by Tenant in the Leased Premises, provided Tenant repairs any damage to the Leased Premises caused by such removal. Notwithstanding the foregoing, Landlord shall have a lien upon said fixtures, or any additions thereto, as security for the faithful performance by Tenant of the conditions required of it. 12.5 SUBORDINATION: N/A 12.6 NOTICES: All notices and elections permitted or required to be made under this Lease shall be in writing, signed by the party giving such notice or election (or such party's attorney or agent) and shall be delivered personally or sent by registered or certified mall to the other party hereto. The date of personal delivery or the date of mailing, as the case may be, shall be the date of such notice or election. For the purposes of this Agreement all notices shall be addressed as follows: If to Landlord: Cali Realty Investments, Inc. 3101 Terrace Avenue Naples, FL 34104 If to Tenant: Board of County Commissioners C/O Real Property Management Department 3301 Tamiami Trail East Naples, FL 34112 cc. Office of County Attorney Sheriffs Office, Administrative Assistant to Sheriff or at such other address as the parties may from time to time designate in the manner provided in this Paragraph. It is agreed and understood that the posting of notices on the Leased Premises, if said notices are directed to Tenant, shall be equivalent to personal delivery for purposes of this Paragraph. It is further agreed and understood that refusal to accept delivery shall be deemed personal delivery for the purpose of this Paragraph. 12.7 RECORDING: This Lease shall not be recorded in the Public Records without the consent of landlord. 12.8 PARTIAL INVALIDITY: If any term or condition of this Lease or the application thereof to any person or event shall to any extent be invalid or unenforceable, the remainder of this lease and the application of such term, covenant or condition to persons or events other than those to which it is held invalid or unenforceable shall not be affected and each term, covenant and condition of this lease shall be valid and be enforced to the fullest extent permitted by law. - 11 - 12.9 SUCCESSORS: The provisions, covenants and conditions of this Lease shall bind and inure to the benefit of the legal representatives, successors and assigns of each of the parties, except that no assignment or subletting by Tenant without the written consent of Landlord shall vest any right in the assignee or sublessee of Tenant. 12.10 GOVERNING LAW: This Lease is made and accepted by the parties in the State of Florida and shall be construed, interpreted and governed by and in accordance with the laws of the State of Florida. Tenant agrees that Landlord may institute any legal, proceedings with respect to the Lease or the Leased Premises in the appropriate county and submits itself to the jurisdiction of such court. If Tenant is a corporation chartered other than in the State of Florida, Tenant acknowledges and agrees that it is doing business in the State of Florida and appoints the Secretary of State of Florida as its agent for service of process for all matters pertaining to this Lease or the Leased Premises unless Tenant has qualified to do business in Florida and has registered another person with the Secretary of State of Florida as its agent for service of process within the State of Florida. 12.11 LANDLORD'S EXCULPATORY CLAUSE: The term "Landlord" as used in this Lease means only the fee simple owner or lessee for the time being of the land upon which the Leased Premises have been constructed so that in the event of any sale or sales of such land, or assignment, transfer, or other conveyance of its rights under this Lease, the Landlord shall be and hereby is entirely freed from and relieved of any covenants and obligations of Landlord hereunder and it shall be deemed and construed without further agreement between the parties and the purchaser at any such sale, or to successor to the Landlord by reason of an assignment, transfer or other conveyance of its rights under this Lease, that such purchaser or successor has assumed and agreed to carry out any and all covenants and obligations of the Landlord hereunder. Tenant acknowledges and agrees that the liability of Landlord under this Lease shall be limited solely to Landlord's interest in the Leased Premises and any judgments rendered against Landlord shall be satisfied solely out of the proceeds of sale of its interest in the Leased Premises. No personal judgment shall lie against Landlord and any judgment so rendered shall not give rise to any right of execution or levy against the assets of the Landlord. The provisions hereof shall inure to Landlord's successors and assigns, including any mortgagee. Notwithstanding the provisions of this Paragraph, Tenant expressly agrees that the lender of the Landlord shall not be held subject to any liability or obligation to Tenant under this Lease or otherwise, unless and until such lender obtains title to the Leased Premises as a result of foreclosure or otherwise; and, in such event, Landlord's iender shall be subject only to those liabilities or obligations arising subsequent to the date lender obtains title to the Leased Premises. 12.12 ENTIRE AGREEMENT: This Lease and the exhibits, rider and/or addenda, if any are attached, contain all covenants and agreements between Landlord and Tenant relating in any manner to the rental, use and occupancy of the Leased Premises and the other matters set forth in this Lease. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this Lease cannot be altered, changed, modified or added to, except in writing signed by Landlord and Tenant. No representation, inducement, understanding or anything of any nature whatsoever, made, stated or represented on Landlord's behalf, either orally or in writing (except this Lease), has induced Tenant to enter into this Lease. The submission of this document for examination does not constitute an offer to - 12- lease, or a reservation of an option for the Leased Premises, and becomes effective only upon execution and delivery thereof by Landlord and Tenant. Tenant acknowledges that it has read this entire Lease and all Exhibits (if any) that it accepts all the terms and conditions contained in the Lease, and evidences same by initialing all pages of the Lease. 12.13 NO PARTNERSHIP: It is understood that Landlord does not in any way or purpose become a partner or joint venturer with Tenant in the conduct of Tenant's business. 12.14 NO ESTATE BY TENANT: This Lease shall create the relationship of Lessor and Lessee between Landlord and Tenant and no estate shall pass out of Landlord. Tenant has only a right of use not subject to levy or sale and not assignable by Lessee except as expressly provided herein. 12.15 HEADINGS: The Article and Paragraph captions contained in this Lease are for convenience only and do not in any way limit or amplify any term or provision hereof. The terms Landlord and Tenant as used herein shall include the plural as well as the singular, the neuter shall include the masculine and feminine genders and if there be more than one Tenant, the obligations herein imposed shall be joint and several. 12.16 WAIVER OF TRIAL BY JURY: Tenant waives its right to a trial by jury on any and all matters in any civil action commenced by or against Tenant concerning this Lease or the Leased Premises. If there are any facts or allegations that need to be tried in a court of law, said trial will be before the court without a jury. 12.17 HAZARDOUS SUBSTANCES: The term "Hazardous Substances", as used in this Lease, shall include, without limitation, flammable, explosives, radioactive materials, asbestos, polychlorinated biphenyls (PCB's), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related materials petroleum and petroleum products, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any governmental authority. (A) Tenant's Restrictions. Tenant shall not cause or permit to occur: (1) Any violation or any federal, state, or local law, ordinance, or regulation now or hereafter enacted, related to environmental conditions on, under or about the Leased Premises or arising from Tenant's use or occupancy the Leased Premises, including, but not limited to, soil and ground water conditions; or (2) The use, generation, release, manufacture, refining, production processing, storage or disposal of any Hazardous Substance without Landlord's prior written consent which consent may be withdrawn, conditioned, or modified by Landlord in its sale and absolute discretion in order to ensure compliance with all applicable laws, as such laws maybe enacted or amended from time to time. (B) Environmental Clean Up: - 13- (1) Tenant shall, at Tenant's own expense, comply with all laws regulating: the use, generation, storage, transportation or disposal of Hazardous Substances. (2) Tenant shall, at Tenant's own expense, make all submissions to, provide all information required by, and comply with all requirements of all, governmental authorities (hereinafter the "Authorities") under the laws. (3) Should any Authority or any third party demand that a clean-up plan be prepared and a clean-up be undertaken because of any deposit, spill, discharge or other release of Hazardous Substances that occurs during the term of this Lease, at or from the Leased Premises or which arises at any time from Tenant's use or occupancy of the Leased Premises, then Tenant shall, at Tenant's own expense, prepare and submit the required plans and all related bonds and other financial assurances which maybe required and Tenant shall carry out all such clean-up plans. (4) Tenant shall promptly provide all information regarding the use, generation, storage, transportation or disposal of Hazardous Substances that is requested by Landlord. If Tenant fails to fulfill any duty imposed under this Paragraph within thirty (30) days following its request, Landlord may proceed with such efforts and in such case Tenant shall cooperate with Landlord in order to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the laws to the Leased Premises and Tenant's use thereof, and for compliance therewith, and Tenant shall execute all documents promptly upon Landlord's request and any expense incurred by Landlord shall be payable by Tenant as Additional Rent. No such action by Landlord and no attempt made by Landlord to mitigate damages under any law shall constitute a waiver of any of Tenant's obligations under this Paragraph. (C) Tenant's Indemnity: Tenant shall indemnify, defend and hold harmless Landlord, its respective officers, directors, beneficiaries, shareholder, partners, agent, and employees from all fines, suits, procedures, claims and actions of every kind, and all costs associated therewith, including attorney and consultants fees, arising out of or in any way related to or resulting from Tenant's violation of this Paragraph. 12.18 TENANT SHALL NOT CAUSE LIEN: Notwithstanding anything herein, nothing in this Lease shall grant or confer upon the Tenant the right to lien, mortgage, or encumber in any way the real property of the Landlord or any improvements thereon, nor subject the Leased Premises to any encumbrance. The Tenant has no right whatsoever to lien, mortgage, or encumber the property of the Landlord, or the improvements thereon. The Tenant alone shall be liable and responsible for labor or materials furnished to the Leased Premises by order of the Tenant or its agents or subcontractors, and mechanic's liens are expressly prohibited under this Lease. The interest of the Landlord in the Leased Premises shall not be subject to liens for improvements made by the Tenant. - 14 - 12.19 AMENDMENTS: All amendments to this Lease shall be in writing and executed by the parties or their respective successors in interest. 12.20 COUNTERPARTS: This Lease may be executed in several counterparts, all of which together shall constitute one agreement binding on all parties hereto, notwithstanding that all the parties have not signed the same counterpart. Each party to this Lease shall become a signatory hereof by signing such number of counterpart signature pages to this Lease or such other instrument or instruments, and in such manner and at such time, as the Landlord shall determine. Facsimile signatures on this Agreement shall be accepted and deemed as original signatures. This Lease shall become effective upon signature by both Lessor and Tenant. 12.21 RADON GAS: As required by Section 404.056, Florida Statute, Tenant is notified of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a Building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 12,22 GENERAL PROVISIONS: Landlord fully understands that the police and iaw enforcement security provisions provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, Florida, and Tenant acknowledges that any special security measures for the Demised Premises shall be the sole responsibility and cost ofTenant and shall involve no cost or expense to Landlord. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and date above first written: WITNESS FOR LANDLORD: LANDLORD: Cali Realty Investments, Inc., a Florida Corporation By: (signature) (print name) (print name) (title) (signature) (print name) - 15 - AS TO TENANT: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: JAMES COLETTA, Chairman BY: , Deputy Clerk Approved as to form and legal sufficiency: /." t f nomas c. Palmer, Assistant County Attorney - 16- Page 1 of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation to approve a Lease Agreement with Cali Realty Investment Corporation lor the continued use 01 a building uliiized by the Sheriffs SWAT Team at an annual cost 01 $60.000. 8/14/2007 9:00:00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 7/18/200710:38:55 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 7/24/20074:42 PM Approved By ToniA.Mott Real Property Supervisor Date Administrative Services Facilities Management 7/31/20077:20 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 8/6/20074:02 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/8/20078:37 AM http://bccagenda/Intranet/ attachmentvi ewer. aspx? attachmentid=-l &i tern i d=9644 8/14/2007 EXECUTIVE SUMMARY Recommendation to approve a budget amendment for $100,000.00, allowing a transfer of funds in a like amount from the Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies to fund the preparation for litigation services under fixed term contract 05-3792 by de la Parte & Gilbert, P.A. Attorneys at Law in representing the interests of Collier County, a Political Subdivision of the State of Florida, in the litigation resulting from the Complaint filed by the Orange Tree Utility Company in the Circuit Court ofthe Twentieth Judicial Circuit, in and for Collier County, Florida. OBJECTIVE: The public purpose is to gain Board of County Commissioners approval for a budget amendment for $100,000.00, allowing a transfer of funds in a like amount from the Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies to fund the preparation for litigation by de la Parte & Gilbert, P.A. Attorneys at Law in representing the interests of Collier County in the litigation resulting from the Complaint filed by the Orange Tree Utility Company in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida. CONSIDERATIONS: The Orange Tree Utility Company and Collier County Water-Sewer District are parties to an Agreement, dated May 28, 1991, and amended on May 14, 1996 and August 4, 1998. Both Parties are subject to Collier County Ordinance No. 2004-73. Under the terms of the foregoing Agreement and the now existing amendments to the Agreement, Orange Tree Utility Company has the authority to continue their operation of their water and sewer utilities until at least 2012, at which time the County shall give one years' advance notice of its formal request to provide or assume utilities services to the service area of the Orange Tree Utility Company, reflecting the Water and Wastewater Master Plans as updated June 6, 2006. Orange Tree Utility Company has filed a Complaint, in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, against Collier County based on the Agreement. In consultation with the County Attorney's Office, it has been concluded that it is in the best interests of the County to contract an outside counsel, with specific expertise in public utilities litigation. The firm of de la Parte & Gilbert, P.A. Attorneys at Law is under the fixed term contract with the county and has extensive experience in trial and appellate litigation involving a wide variety of issues, including utility regulation, acquisition and expansion. Their lawyers appear in all state and federal courts, and all administrative forums. In addition, de la Parte & Gilbert have provided opinion and other legal services to the Collier County, Public Utilities Division, over recent years because of their wide knowledge and experience of the utilities business. The proposed fees are considered to be fair and reasonable, as they are based on an approved fixed price contract for legal services. Approval of this recommendation by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Executive Summary Page 2 Board, this recommendation shall not be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by the Board. FISCAL IMPACT: The fiscal impact of the budget amendment for $100,000.00, allowing a transfer of funds in a like amount from the Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies will be to Fund 408, Water and Sewer User Fees. GROWTH MANAGEMENT IMPACT: This assignment is consistent with and furthers the goals, objectives, and policies ofthe Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners approve a budget amendment for $100,000.00, allowing a transfer of funds in a like amount from the Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies to fund the preparation for litigation by de la Parte & Gilbert, P.A. Attorneys at Law in representing the interests of Collier County, a Political Subdivision of the State of Florida, in the litigation resulting from the Complaint filed by the Orange Tree Utility Company in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida. PREPARED BY: Peter Lund, Division Operations Analyst, Public Utilities Division. BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#.. JE#. BAR#.. A.P.H. Date.. 408 Fund Number Water-Sewer Operating Fund Fund Description Date Prepared: 8/8/07 Approved by BCC on: 14/8 In Absentia Attach Executive Summary Item No.: Expense Budget Detail Fund Center Title: Operations WBS Element Title: FdCtrNo.: 210111 WBS No.: (Provide the Fund Center or WBS element information; it is not rC<1uired to nrovide both. Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriotion (Decrease) Budeet Budeet 210111 631100 Legal Fees $100,000 $5,000 $105,000 Net Change to Budget $100,000 Expense Budget Detail Fund Center Title: Reserves WBS Element Title: FdCtrNo.: 919010 WBS No.: (Provide the Fund Center or WBS clement information; it is not reouired to nrovide both,) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Budeet 919010 991000 Reserve for Contingencies $(100,000) $3,485,600 $3,385,600 Net Change to Budget $(100,000) Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element information; it is not reQuired 10 nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Descriotion (Decrease) Budget Bud!!et Net Change to Budget Revenue Budget Detail Fund Center Title: WBS Element Title: FdCtrNo.: WBS No.: (Provide the Fund Center or WBS element information; it is not reauired to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budl!et Net Change to Budget EXPLANA nON Why are funds needed? Funds are needed to cover six months of legal fees for litigation with the OrangeTree Utility Where are funds available? Funds are available in Fund 408 Water-Sewer Operating Reserves. DATE I Cost Center Director: Division Administrator: Budl!et Deoartment: A!!encv Mana!!er: Finance Deoartment: Clerk of Board Admin.: Input bv: B.A. No.: REVIEW PROCESS Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F Legal Support for Orangetree Utilities 8/14/20079:00:00 AM Prepared By Peter Lund PubliC Utilities Operations Analyst Public Utilities Operations Date 7/26120078:49:35 AM Approved By Thomas Wi des Public Utilities Operations Director Public Utilities Operations Date 8/8/2007 1 :02 PM Approved By Dianna Perryman Administrative Services Contract Specialist Purchasing Date 8/8120071:13 PM Approved By Michael Pettit County Attorney Approved By Roy B. Anderson, P.E. Public Utilities Chief Assistant County Attorney County Attorney Office Public Utilities Engineering Director Public Utilities Engineering Date 818/20072:06 PM Date Approved By 8/8/20073:34 PM Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing Date 818/20073:46 PM Approved By James W. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration Date Approved By 8/8/2007 3:46 PM OMS Coordinator County Manager's Office OMB Coordinator Office of Management & Budget Date 8/9/20077:52 AM Page I of I Approved By Randy Greenwald County Manager's Office Management/Budget Analyst Office of Management & Budget Date 8/9120079:58 AM http://bccagenda/lntranet/ attachmentvi ewer. aspx? attachmenti d =-1 &i temi d=9722 8/14/2007 EXECUTIVE SUMMARY Recommendation to approve an Agreed Order Awarding Expert Fees and Costs as to Parcels 815 and 915 in the amount of $1437.00 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC., et al., Case No. 05-1091-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $1437.00). OBJECTIVE: The public purpose is to expand the South County Regional Water Treatment Plant (SCRWTP) Well field by 23 wells to produce sufficient reliable raw water for the previously approved SCRWTP 12-MGD RO Expansion and increase the plant's finished water Reverse Osmosis (RO) capacity to 20 MGD. CONSIDERATIONS: On July 25,2006, Agenda Item lOP, the Board of County Commissioners awarded contract #06-3992 to John Reynolds & Sons, Inc. for the construction of the SCRWTP 20 MGD Well field Expansion Project #70892. The project is included in the 2005 Water Master Plan Update (Table 8-2, page I line 18) and requires the acquisition of lands along the wellfield route to accommodate the wells and necessary temporary construction easements. These parcels are part of the required land acquisitions for this project. The subject property is located east of CR 951 and approximately 600 feet south of Lord's Way. Parcel 815 is an access easement and Parcel 915 is a utility easement for a water transmission line. The County acquired the subject property by entry of an Order of Taking on October 18, 2005 and subsequently depositing funds into the Court Registry. The County and Respondent have settled by Stipulated Final Judgment which was entered by Judge Hayes on June 18, 2007. Pursuant to 973.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding. The property owner submitted invoices for appraisal fees and costs totaling $1587.50. Through negotiation, the parties have agreed to settle for $1437.00. The Utilities Division and County Attorney's Office believe the negotiated fee is fair and reasonable. Attached is the proposed Agreed Order providing for the following funds: . Appraisal Fees: $1,437.00 Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Funds in the amount of $1437.00 are available in Project #70892, South County Regional Water Treatment Plant Reverse Osmosis Well field Expansion to 20-MGD. Source of funds are Water Impact Fees, Fund 411. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan Standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order; and 2. Approve the expenditure and disbursement of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COUJER COUNTY,FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County Water-Sewer District, Petitioner, Case No.: 05-1091-CA v. COLONNADE ON COllIER BLVD. LLC, et aI., Parcel Nos.: 815 & 915 Respondents. I AGREED ORDER AWARDING EXPERT FEES AND COSTS TIllS CAUSE, having come before the Court upon Joint Motion made by Petitioner, COllIER COUNTY, FLORIDA. by and through the undersigned counsel, and Respondent, ALl R. GHAHRAMANI MD INVESTMENT LIMITED PARTNERSHIP, (hereafter "Respondent"), by 1. Respondent shall receive from Petitioner, COUJER COUNTY, FLORIDA, the sum and through its undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: of One Thousand Four Hundred Thirty-Seven Dollars and No/loo ($1,437.00) for appraisal fees of Florida Coastal Appraisal Services. 2. ORDERED that within thirty (30) days of receipt by Petitioner of the Agreed Order entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of One Thousand Four Hundred Thirty-Seven Dollars and NollOO ($1,437.00) to the FORMAN HANRATTY MONTGOMERY TRUST ACCOUNT, clo Charles R. Forman, Esquire, 1323 SE Third Avenue, Fort Lauderdale, Florida 33316 for proper disbursement. DONE AND ORDERED this _ day of , 2007 in Naples, Collier County, Florida. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire Charles R. Forman, Esquire E. Glenn Tucker, Esquire Bank Atlantic Kevin Hendricks, ROW Acquisition Mgr., TranslECM Bookkeeping JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcels 815 and 915. Dated: Dated: (lJ HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 966770 OFHCE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER CHARLES R. FoRMAN, ESQUIRE Florida Bar No.: 229263 FORMAN HANRATTY & MONTGOMERY 1323 SE Third A venue Fort Lauderdale, Florida 33316 (954) 522-9441 - Telephone (954) 522-2076 - Facsimile ATTORNEY FOR RESPONDENT 2 Page I of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation to approve an Agreed Order Awarding Expert Fees and Costs as to Parcels 815 and 915 in the amount of $1437.00 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC, ot aI., Case No. 05-1091-CA (South County Regional Water Trea1ment Wellfield Projec1 #70892). (Fiscallmpacl: $1437.00). 8/14/20079:00:00 AM Prepared By Heidi F" Ashton Assistant County Attorney Date County Attorney County Attorney Office 7126/20079:43:58 AM Approved By Thomas Wi des Operations Director Date Public Utilities Public Utilities Operations 7/3012007 1 :27 PM Approved By Phil E. Gramatges, P.E. Sr. Project Manager Date Public utilities Public Utilities Engineering 7130/2007 1 :30 PM Approved By Roy B. Anderson. P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 811120074:20 PM Approved By James W. Delany Public Utilities Administrator Date Public Utilities Public Utilities Administration 8/2/2007 1 :29 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/9120077:53 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 8/9/200712:11 PM http://bccagendalI ntranet/ attachmentviewer. aspx?attachmentid =-1 &i temid =9724 8/14/2007 EXECUTIVE SUMMARY Recommendation to approve Memorandum of Understanding between Collier County and The Salvation Army OBJECTIVE: Board of County Commissioners approval of Memorandum of Understanding between Collier County and The Salvation Army. 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 reliefldisaster 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 The Salvation Army to coordinate relief efforts at the time of a disaster. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. 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 The Salvation Army 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. EXECUTIVE SUMMARY Recommendation to approve Memorandum of Understanding between Collier County and The Salvation Army OBJECTIVE: Board of County Commissioners approval of Memorandum of Understanding between Collier County and The Salvation Army. 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 The Salvation Army to coordinate relief efforts at the time of a disaster. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. 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 The Salvation Army 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. '1 2po Memorandum of Understanding Between Collier County Board of Commissioners And The Salvation Armv I: Porpose: 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 The Salvation Army II: Statement of Basic Responsibilities: 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 acti vities 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 Presidcntially declared or undeclared disasters and the need to work in harmony with local governments and private relief agencies, the The Salvation Army wishes to assist in rendering the most efficient service with a minimum of duplication to the citizens and guests of Collicr County. III: Coordination of Effort: Cooperation and coordination between Collier county Government. through its Emergency Management Department and The Salvation Army 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. The Salvation Army 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: Responsibilities: ~ A. Collier County Emergency Management Department agrees to the following: I. Notify The Salvation Army 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 The Salvation Army,-and 3. Assist in the development plans for The Salvation Army~ 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 The Salvation Army for disaster relief and recovery projects; and 6. Whenever members of The Salvation Army 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, a)1d 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. THE SALVATION ARMY_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 faci lity 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 facilitylproperty 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 facilitylproperty 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 facilitylproperty to note any discrepancies on the release form. Normal wear and tear is considered to the responsibility of the organ i zati onl owner/operator. 2 . 4. The facilitylproperty will be returned to the organizationlownerloperator in the same condition as it was when occupied/acquired. 5. Other provisions as follow:_none V. Effective Date, Automatic Renewal, and Modification: This Agreement presents the general and some specific guidelines by which Collier County, through its Emergency Management Department and THE SALVATION ARMY will cooperate to aid victims at the time of disaster. In witness thereof, the parties have executed this agreement on the date indicated. Thc 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 rcnew 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. VI. 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: Deputy Clerk By: , Chairman 2::: e Print Name: ~ ~. elAtMO..s The Salvation Army ~~ '" By: -"'~ Print Name: Au:r.<lA1>dn (1S$T'~V STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledlled before me this ;2>day of .:::sUAlL 2007, by AI.HAv/JllOlIIJP"f as ~D''TIVJ of ~ ~W)1""""" ~'I ' a AI/JIII- ~~n- . (H;)She is [vrPersonally known to me, or [ ] has produced driver's license no. as identification. 3 (SEAL) Approved as to form and legal sufficiency: \ (!u\~ Jl JennTfer A. Belpe~ Assistant County rney -;:A~ Name: (Type or Print) My Commission Expires: .'~''i:JJ,. 6,. :"7J\ BAAa.w.S.PARKS , ; ji MY COMMISSION * DO 569039 ,.... . EXPIRES: October28 2010 ."r"fII" 8otidtclThIUNot.ryPtJblicU~ 4 Page 1 of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Recommendation to approve Memorandum of Understanding between Collier County and The Salvation Army 8/14/2007 9:00:00 AM Meeting Date: Prepared By Judy Scribner Case Management Supervisor Date Public Services Housing & Human Services 7/26/20078:39:06 AM http://bccagendalIntranet/ attac hmentviewer. aspx?attachmenti d=- I &i temid =972 5 8/14/2007 EXECUTIVE SUMMARY Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants not to exceed $40,000. Obiective: To obtain cost-effective and reliable transportation services for recreation program participants. Considerations: For the past eighteen years Collier County has entered into a transportation agreement with the District School Board of Collier County for the transportation of participants of recreation programs. This will be the second year that the school board has transported our After School Program participants. The School Board provides transportation of the Parks Department's After School Program in a safe, reliable, and cost-effective manner. The Parks & Recreation Department will use the services of School Board transportation under the provisions of Option A of the Agreement, wherein the School Board will provide buses and drivers at a rate of $35.00 per hour plus $2.10 per mile. This rate is calculated from the time the bus leaves the transportation barn to the time ofthe return. The Agreement has been approved as to form and legal sufficiency by both the County Attorney's office and the School Boards Attorney Office, and has been reviewed by Risk Management. Once executed, it will be effective until the end of the 2008 school year. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Fiscal Impact: Funds are budgeted in association with each program location within FY 07/08 MSTD General Fund (111) Naples and Golden Gate Community Center Fund (130). Total expense associated with this action is estimated to be at or below $40,000 ($8,000 to Fund 130 and $32,000 to Fund III). Revenue, in the form of After School Program participant fees, is budgeted to recover the expense. For Fund III the budgeted revenue for sites using this service is $145,000 and for Fund 130, Golden Gate Community Center the budgeted amount is $43,050. Leaal Consideration: Interlocal agreements are authorized by Section 125.01 (1) (p), Florida Statutes. (Per County Attorney). RZ Growth Manaaement Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners authorize the Chairman to enter into the Transportation Agreement with the District School Board of Collier County for the transportation of recreation program participants throughout the 2007/2008 school year. Prepared Bv: Shari Ferguson, Regional Manager, Parks and Recreation. STUDENT SCHOOL YEAR TRANSPORTATION CONTRACT THIS AGREEMENT, made for the 200712008 School Year, by and between the School District of Collier County, Florida and _the Board of County Corrunissioners, 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 from 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 $35.00 per hour and $2.10 per operated mile for each bus. 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 $30.00 per hour for an attendant. 3. The rates described in paragraph I above are based on conditions current as of August 20, 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. 5 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 30'" of each month. 6. 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 expeuses, losses, settlemeuts, 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 amounts of $100.000 on any claim or judgments and $500,000 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 commcnce on the date and year signed by the agencies and remain in effect for the ofticia1 Collier County School Board student school year, not before August 20. 2007 and remains in effect through May 28. 2008. 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 tenns and provision of this Agreement shall be binding upon. inure to the benefit of, and be enforceable by the parties and their legal representatives. successors and assigns. 2 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 Print Name: Date Jeff Stauring, Director of Transportation Print Name: Services Date _ Dr. Russell Clukey, Executive Director of Support I ~l Board Attorney Review ! . 1/";' /. / AI . / -/ /t/ff 7, ~S:()7 Signed in the Presence of: Boa~d of County Commissione~s Collie~ County, Flo~ida {FiJI in name of Organization) By: Witness James Coletta Title: Chairman Date: By: Witness Title: Date: ATTEST: App~oved as to form arid legal sufficiency: Dwight E. B~ock, Cle~k of Cou~ts 1;2~:::, Assistant County Attorney 3 Page I of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation to approve an agreement with the District School Board of Collier County for transporting school~age recreation program participants not to exceed $40,000. 8/14/20079:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 7/30/20074:33 PM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 7/31/2007 11 :49 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 8/1/2007 10:26 AM Approved By Barry Williams Director Date Public Services Parks and Recreation 8/6/200712:02 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 8/6/20073:59 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 8/7/20079:28 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/8/20078:43 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 8/9/20074:31 PM http://bccagendalIntranet/ attachmentvi ewer. aspx? attachmenti d =-1 &itemid=9740 8/14/2007 EXECUTIVE SUMMARY Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $200,000 (Section VlI.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes, to contracts or work orders, that have occurred since the prior BCC approved amount, which are below the threshold limits as referenced above. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover period June 21, 2007 through July 27, 2007. FISCAL IMPACT: The total change to contracts is a net reduction of $2.212,714.33. The total change to work orders is $98.358.23. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Orders and Administrative Changes to Work Orders Reports and ratifies the listed change orders and changes to work orders PREPARED BY: Diana De Leon, Contract Technician, Purchasing Department ~ " r ~ c:: ; QI e 'E ~ g' ~ 0 o U " "u E 5 g:: ~ c C N . o '" o << "E o o '" o " E "0 jB o o . e "- .. 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" o y ~ 9 w . rn c m ~ " m 15 f- ~ " " o o f- ;; 0> o . .o U - o . . .~ . ~ - CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Oakee Nelahborhood Park PROJECT MANAGER: Vlckv Ahmed BID/RFP #: O/~52-10 MOD II: LPO#: 4500080218 PROJECT#: 80034 DEPARTMENT: Parke and Recreation WORK ORDER II: PHA-FT -3280-08-02 CONTRACTORIFIRM NAME: Plbnan-Hartenotoln & Aleoc. Original Contract Amount: $ 48.888.00 (Starting Point) Current BCC Approved Amount: MIA (last Total Amount Approved by the BCC) Current Contract Amount: $ 48.888.00 (Including All Changes Prior To This Modification) Change Amount: $ 1.300.00 Revlaed ContracllWork Order Amount: $ SO.188.00 (Including This Change Order) Cumula~ve Dollar Value of Changes to this ContracllWork Order: $ _J I ~OC. 00 "':n~ ~ 141. Date of last Bee Approval NlA Agenda Item # N/A Percentage of the change over/under current contract amount 2.66 % Formula: (Revised Amount / Last BCC approved amount)-1 CURRENT COMPLETION DATE (8): ORIGINAL: Docember25.2008 CURRENT: December252008 Describe the change(s): Additional services for the surveyor to prepare the conservation easement work required by the SFWMD. Specify the rsasons for the change(s): Original scope of services on this project does not include the work on conservation easement. Identify all nagallve Impacts to the project if this change order were not processed: Project cannot be process if permitting requirements is incomplete as required by SFWMD. This change woe requeeted by: Contractor/Consultant r Owner r Using Department r CDES X Design Professional X Regulatory Agency (Specify) SFWMD r Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: ['" Yes X No This fonn is to be signed and dated. Date: ~6~=r /;/22;107 APPROVED BY: Date: Revised 5.21.2007 a CONTRACTIWORK ORDER MODlFICA nON CHECKLIST FORM PROJECT NAME: Willow West - Johnnvcake Drive PROJECT #:510076 PROJECT MANAGER: Val PrInce SID/RFP .:04-3535 MOD.: 1 PotI:4500060110 WORK ORDER .:QE-FT -3535.oH12 PEPARTMENT: Slormwaler Manaoement CONTRACTOR/FIRM NAME: Quality Enterorlses USA. Inc. Original Contract Amount: $ 49.550.00 (Starting Point) Current BCC Approved Amount: $ N.A. (Last Total Amount Approved by the BCC) Current Contract Amount: $ 49.558.00 (Including All Changes Prior To This Modification) $ 4.250.00 $ 53.808.00 (Including This Change Order) Change Amount: Revised ContracllWor1< Order Amount: Cumulative Dollar Value of Changes to this ContractlWork Order: $ 4 2 .00 Date of Last BCC Approval N/A Agenda Item # N/A Percentage of the change over/under current cannet amount a.sf FOrmula: (Revised Amount I Las' BCC approved amount)-l % CURRENT COMPLETION DATE (S): ORIGINAL: Julv 27. 2007 CURRENT: Julv 27. 2007 Describe the change(s): The Contractor was advised bv both the Proiect's Emzinecr and the Proiect Mana2er to contour the r/w swales in front of three lots to a desillt18ted shane. The Contractor cQrnolied to the direction and sodded the areas. A Johnnvcake homeowner has objected to the condition that now exists. The Contractor has Dfovided a cost to modif\' the r/w areas (eouiornent & manoower to remove sod.. excess soil. relocate utilities relav sod) to eliminate the homeowner ~. See attached June 21. 2007. E-mail. Specify the reasons for the change(s): To resolve homeowner comolalnt and to achieve external customer satisfaction. Identify all negative Impacts to the project If this change order were not processed: The homeowner will become more vocal and the Commissioner will become Involved. This change was requested by: C Contractor/Consultant C Owner o Design Professional C Regulatory Agency (Speclfyl (Specify) C Using Department C COES (' Other CONTRACT SPECIAUST PARTICIPATION IN NEGOTIATIONS: DYes I>1J No APPROVED BY: : ~i1~7 REVIEWED BY: Revised 5.21.2007 3 CONTRACTIWORK ORDER MODIFICATION . CHECKLIST FORM PROJECT NAME: Marco South C;onstructlon Observation PROJECT MANAGER: Garv McAloln PROJECTII: 905001 BIDIRFP II: 06-3902 MOD II: LPO#: 4500065606 WORK ORDER #: HM-FT -3902..06..03 CONTRACTOR/FIRM NAME: Humiston & Moore Enol"..... DEPARTMENT: Co..tal Zone Manaa8ment Original Contract Amount: $ 79.161.00 (Starting Point) $ N/A (last Tolal Amount Approved by the BCC) Current sec Approved Amount: Current Contract Amount: $ Change Amount: $ 3.900.00 Revised ContractIWork Order Amount: $ 106.411.00 (Including This Change Order) CumulaUve Dollar Value of Changes to thl. ContractIWork Oreler: $ 27.250.00 Date of Last sec Approval N/A Agenda Item II N/A Percentage of the change over/under current contract amount ~% "3 '-f. '(2... ~ Fonnula: (Revised Amounll Last BCC approved amount)-1 CURRENT COMPLETION DATE (S): ORIGINAL: 2120/06 CURRENT: 7120107 Describe the change(s): Addition to Task 2: Work with Countv. Coast Guard and DEP re~:rdln~ c~annel markers and monltorlna reaulrements. not arevlouslv in our acoae of services as reauested b Ga M Alain ($3.900.001 Specify the reasons for the change(s): Adlustment to tssk reaulred for comaletlon of arolect to fiscel vear 2006-2007 Identify all negative Impacts to the project if this change order were not processed: -rk I'riecf &1lJtf2 tuf Ix- This change was requested by: (0" Contractor/Consultant r Owner r Using Department r CDES &'1'W. r D8lIIgn Professional r Regulatory Agency (Specify) This fonn Is to be signed and dated. r Other (Specify) Date: 1f701 i!lt/f)? Dale: Revised 5.21.2007 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Lf PROJECT NAME: Misc. Effluent Proiects - Supolemental 10 Wells - Water Use Permit Renewal PROJECT #: 74309 PROJECT MANAGER: Alicia Abbott BID/RFP #: 00-3110 MOD #: 2 PO#: 4500038898 WORK ORDER #: COM-FT-01-05 DEPARTMENT: Public Utilities Enalneerlna CONTRACTOR/FIRM NAME: COM Original Contract Amount: $ 5.000.00 (Starting Point) Current BCC Approved Amount: $ N I k (Last Total A';'obnt Approved by the BCC) Current Contract Amount: $10.000.00 (Including All Changes Prior To This Modification) Change Amount: $ 5.000.00 Revised ContracllWork Order Amount: $15.000.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractlWork Order: $10.000.00 Date of last BCC Approval Agenda Item # Percentage of the change aver/under current contract amount Formula: (Revised Amount / Last BCC approved amount)-l ~c % CURRENT COMPLETiON DATE (S): ORIGINAL: November 22. 2004 CURRENT: November 22. 2007 Describe the change(s): This chance will orovlde additional consultina services for work related to renewal of the water use oermit at the Immokalee road and Pelican Bay Wellflelds Specify the reasons for the change(s): This Dermit renewai is reauired in order to continue use of these wells which Drovide sUDDlementallQ water. SFWMD has reauested additianal information (four RAls). meetinas have been held. The Dermit has not vet been issued. Identify all negative Impacts to the proJect If this change order were not processed: II this chanae order were not orocessed we could not comolete the work reauired to obtain this oermlt. If this oermlt is not obtained we would not be able to continue us/na the suoolemental wells. These wells orovide suoolemental 10 water when adeauate suoolies 01 reclaimed water are not available. This change was requested by: n Contractor/Consultant C Owner [J Using Department I:l CDES I:l X Design Professional n Regulatory Agency (Specify) C Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes 15( No APPROVED BY: Date: ~19\~1 . 1"(~(J1 REVIEWED BY: Date: Contract Specialist Revised 5.21.2007 .._._,,_"_._.______..___ 0'0'" "."___...._ !) CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Public Utilities Ooerati(l118 Center PROJECT #: 73072 PROJECT MANAGER: Claude Nesbitt ~ ~~ BID/RFP #: 06-39KMOD #: l!!-PO#: 45-71618 WORK ORDER #: VJL-FT -3J11""-D7-D1 DEPARTMENT: Public Utilities Enalneerlna CONTRACTOR/FIRM NAME: Victor Latavlsh Architect. P.A. Original Contract Amount: $ 27. 840.00 (Starting Point) Currant BCC Approved Amount: $ N/A (Last Total Amount Approved by the BCC) Currant Contract Amount: $ 27.840.00 (Including Ail Changes Prior To This Modification) Change Amount: $ 1.940.00 Revised ContractIWork Order Amount: $ 29.780.00 (Including This Change Order) Cumulative Dollar Vslue of Changes to this ContractIWork Order: $ 1.940.00 Date of Last BCC Approval N/A Agenda Item # 'I Psrcentage of the change over/under currant contract amount~% Formula: (Revised Amount Ilasl BCC approved amount)-1 CURRENT COMPLETION DATE (S): ORIGINAL: 10/23/07 CURRENT: 02120/08 Describe the change(s): Revision of the PUOC WW Admin office SDaces to Include addition of a Dartition and doors for addition of a conference room with associated mechanical and electrical devices and fixtures Specify the reasons for the change(s): Chanae to Drovide a usable SDace to assemble crew for dailv conferences. task asslanments. to Drovide Instruction. to deliver information. and to allow adeauate SDace for consultations and Identify all negative Impacts to the project If this change order were not processed: The SDace would remain Unfinished. nonfunctional and unused for Its Intended DUlllose This change was requested by: C Contractor/Consultant r Owner /using Department C CDES o Design Professional (" Regulatory Agency (Specify) C Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: rYes n No APPROVED BY: This form Is to be sl !led and dated. (, Date:~ Date: 1/ "-/07 REVIEWED BY: Revised 5.21.2007 c. CONTRACTIWORK ORDER MODIFICATION CIiECKLIST FORM PROJECT NAME: Imokalee Pevers Median Modifications-- MANAGER: DarrYl Richard. Prol.ct Manaoer PROJECT #: PROJECT BIDIRFP #: 05-3773 08 DEPARTMENT: ....ternatlv. Tranaoortallon Modes MOD': 1 POI: 45000.9766 WORK ORDER .: BOC-FT -lI5- CONTRACTOR/FIRM NAME:Bonneaa Inc. OrIgllUll Contract Amount $ 69.025.02 (Starting Point) $ racc Allor 5110/05' Item 16.B.91 (last Total AmO<Jnt Approved by the BCC) CUlTant BCC Approved Amount: CUlTant Contract Amount: $ 69.025.02 Ondudlng All Changes Prior To This ModlflcaVon) Change Amount: $ 14.803.23 Revlaed ContracllWori< Ordar Amount: $ 83. 828.25 (including This Change Order) Cumulallv. Dollar Value of Chang.. to this ContracllWori< Order: $ 14.803.23 Data of last BCC Approval 5/10105 Ag.nda ltam' 16.B.9 Percentage of the change overlunder cUlTant contract amount 21.fi5 % Formula: (Revised Amount I last BCC approved amO<Jnt)-1 CURRENT COMPLETION DATE (S): ORIGINAL: 12f1105 CURRENT: 9/15107 Describe the change(s):_Change Is due to modification In quantities for project, Work was delayed due to concurrent work by other contractor within wOrkzone, Changes are as follows: (1) Add Pavers Qtv. 33 sf at $13.45 unit orlce: (2) Add Paver Reoair Qtv. 20 sf at $72.45 unit cost: (3) Add Mobilization at 54.392.00 Lumo Sum; (4) Add MOT at $8.518.38 Lumo Sum Specify the reasons for the change(s):_Change was required to ensure 100% coverage of pavers within median Identify all negative Impacta to the proJect If thl. change order were not processed: _Negative Impact would be open area. within medians without pavers at medisn tips. This change was requHted by: (". Contractor/Consultant r Owner r Using Oeparbnent (" CDES ~eSlgn Profe.elonal r Regulatory Ag.ncy (Specify) (". Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: ryes r No RECEIVED JUL 1 Z 2007 This fonn Is to bo signed and dated. APPROVED BY: Dale: 'l'ransportation ATM Dept. REVIEWED BY: Revised 5.21.2007 7 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAMe: Solid Wasts Ma_ent Tedtnlcol Assistance PROJeCT#: WA PROJeCT MANAGeR: Jon OaIe B1DJRFPI: ~ MODI: 1 POll: 45000778B7 WORKORllERl: MP""-401~7.02 DEPARTMENT: Solid Wasts Management CONTRACTORlFIRM NAMe: Malcolm Plmle.lnc. OrIginal Contract Amount: $ 25.000 (Slarting PoIn\) CUlnnt see Approved Amount: $ Cunent Contnlct Amount: (Last T olaI Amount Approved by the BCC) $ 7&.1100 ?5fIJOtl.OiJ te--- (Incfudlng All Changes Prior To TIlls Modi1loalkln) $ SO.GOO Change Amount: Revlaed ContracllWorl< Order Amount: $ 75.000 Qncfuding This Change Order) Cumulative Dollar Value of Changes 10 this ContractIWork Order: $ 50.000 Da'" of Last BCC Appro\lal Januarv 09. 2007 Agenda Item # ~ PeI'C8ntag8 of the chonge """l1under cu';"'" conttact amount,2f; Jl.tJO% Formul~ (Revised Amount I Lest BeC approved emount)-1 CURRENT COMPLETION DATE (S): ORIGINAL: July 24. 2007 CURRENT: Decamber31.2007 DG$cribe the change(s): An increase In work order Drtce and an extension of the com~ da: in ~: =nue imDlemen1ation of the thirtv two oallons within the four comoonenls of the Intearat8d Solid ste M ace t Y. Specify the I'8UOIl8 for the changels): To oroyide additional as-reauested ~Iid wast':, services Ie: the Solid Waste Menaaement Deoartmant locIudina Professional Enolneertoo. Technical ao~ Fmancial t;OnStlI~oo l:ierv~ce.s. These services are essential to Solid Waste Deoartment to ensure airspace DreServBllon !Q.~Q. th!!..!!~ Qf !!J!! Gollier County Landfill and effectlyelv orovlde best value Solid Waste services to our cuslom!m!. Identify aU negative Impacts to the project If this change order were not processed: Failure. to authorize t'.1e chanlle order will imoede the Solid Waste Deoartmenrs ability to oroceed with the develoD~e.nt eOO Ill1?lemen1ation of the Intearated Solid Waste Manaaement Strateav as directed by the Board of CouOtV Comm~!Qne!!! on December 05. 2006. this change was requested by: r Contractor/Consultant r.- Owner r Using Department (" CDES r' Oe$lgn ProfessIonal r: Regulatory Agency (Specify) r Other (Specify) APPROVED r Ves j;> No REVIEWED BY: Date: ;:z -If)/- t:? 7- 7.fojtJ/ Revised 5.21.2007 '6 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Judges Secure Parking PROJECT #: 52004 PROJECT MANAGER: Hank Jones BID/RFP #05-3850 MOD II: 1 POII:4500062911 WORK ORDER ':SCD-FT-3850-Ga-02 DEPARTMENT:Facllllles CONTRACTORIFIRM NAME:SDlIIls Candela Original Contract Amount: $ 89,1100.00 (Starting Paint) Current BCC Approved Amount: $N1A (Last Total Amount Approved by the BCC) Current Contract Amount: $ 89,900.00 (Including All Changes Prior To This Modification) Change Amount: $ 8,a9a.00 R.evl...d ContractJWorl< Order Amount: $-98,7.. 00 9g, 1q ~. ()) -:/.-16 (Including This Change Order) i/ U Cumulative Dollar Value of Chang.. to this ContractJWorl< Order: $a,a9a.00 Date of Last BCC Approval N/A Agenda Item # N/A Percentage of the change oyer/under current contract amount 9.90% Formula: (ReWled Amount I Last BCC approved amount}-1 CURRENT COMPLETION DATE (S): ORIGINAL: June 2007 CURRENT: October 2007 Describe the change(s): Provide professional services for the re-configuration/deslgn of the Judges Parking Lot Renovations Project. When initial bid results were obtained, the higher than expected cost resulted in a Value Engineering approach to reduce costs consistent with the existing, approved budgets for facilities in support of the new Courthouse Annex. Specify the reasons for the change(s): Oriainal des ion Darameters Droved to be too costlv. Identify all negative impacts to the project If this change order were not processed: We could not DroCeed with the construction/renovation Dhase that Is required to Drovide a sufficient number of secure Darl<ina sDaces for the current number of Judaes. This change was requested by: (' Contractor/Consultant Ii) Owner r Using Department r CDeS r Design Professional (' Regulatory Agency (Specify) (' Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes r No REVIEWED B~ Date: 7Jz~J07 . 1/M1/07 I r Date: Revised 5.21.2007 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM 9 PROJECT NAME: Church Restoration BIDlRFP #: 02-3349 MOD #: 1 PROJECT #: PO#: 4500073302 PROJECT MANAGER: Garv Vincent WORKORDER#: CT~2-18 DEPARTMENT: Museum CONTRACTOR/FIRM NAME: The Chris-Tel Comoanv Original Contract Amount: $ 187.942.00 (Starting Point) $ 187.942.00 (Last Total Amount Approved by the BCG) $j&1 q..j.2..<.O .H (Including All Changds Prior To This Modification) Current BCC Approved Amount: Current Contract Amount:(~) Change Amount: Revised ContracllWork Order Amount: $ 8.267.00 $ 196.209.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContracllWork Order: $ 8.267.00 Date of Last BCC Approval Cj /:;" / {)(", Agenda Item # 1t:>.0 .1 Percentage of the change over/under current contract amount +4.4% Formula: (Revised Amount / Last BCC approved amount)-1 % CURRENT COMPLETION DATE (S): ORIGINAl: 9/30107 CURRENT: 9130107 Describe the change(s): (1) Add fill dirt and Ilrade the area around the oerimeter of the buildinll. (2) Reoair windows usinll the existinll frames and reDlace onlv broken or missinlllllass. Specify the reasons for the change(s) r 1. Planned or Elective r. 2. Unforeseen Conditions r 3. Quantity Adjustments r 4. Correction of Errore (Plans, Specifications 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: The church buildino would be unlirotected and the Interior eXDosed to the elements of nature if the windows are not reoaired. If the fill Is not added around the buildlnll storm dralnalle could damalle the buildinll's foundation. This change was requested by: r Contractor/Consultant r Owner ltYllsing Department r CDES r Design Professional r Regulatory Agency (Specify) IN NEGOTIATIONS: rYes r Other (Specify) rv;;: Dale: ;; k~ ),7 1 /zl,jtJ 7 . , REVIEWED BY" Dale: Revised 07.23.2007 ~ o Q N . , 0> ~ . 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CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Naples Jail Improvement Project PROJECT #: 52008-2 PROJECT MANAGER: Bob Pierce BID/RFP ft.: 07-4122MOD if.: 1 PO#:4500080781 WORK ORDER if.: DEPARTMENT: Facilities Management CONTRACTORIFIRM NAME:Vanderbl~ Sav Construction Original Contract Amount: S 8,5l111,238.0tl (starting Point) S 8,5lIII.238,oO (Last Total Amount Approved by the seC) $ 8,598,238.otl (Including All Chenges Prior To This Modification) Sf1,ON,an.S1) ('/5..35; MtJ.CO) S 1,1110910.51 '!; 1M I :2 3 g: t) lJ.. (Including This Change Order) Current BCC Approved "mount: Current Contract Amoun1t Change Amount Revised ContracllWork Order Amount: Cumulative Dollar Value of Changes to Ihla Contracl/Wor!< Olde': S"',81'9,3ft.54+- 035, ()fxJ. ~ Dale 01 Last Bce Appro,'al May 8, 2007 Agenda Item # 10 D . Percentage of the changlt over/under current contract amount 12.CG1. - 9~ 7 Fonnula: (Revised Amounl/ Last BCC approved amount)-1 CURRENT COMPLETION DATE (8): ORIGINAL: June 2008 CURRENT: June 2008 Describe the change(s): OMP for Windows. 9pila", 81<13:1, liie6Yri~ Baofll alld-FRlmes and Plumbing Materilll. Specify the reasons for the change(s): Direct Tax Savings to the Customer. Identify all negative imlpacts to the project if this change order were not processed: Owner would not be able to take advantage of tax !l8vings. This change was requ'lsted by: X Contractor/Consultant r Owner (' Design Professiona~ r Regulatory Agency (Specify) r Using Department (' CDeS 1- Other (Specify) &77 </-tuJt.,t rNo ~~ CONTRACT SPECIAU:H PARTICIPATION IN NEGOTIATIONS: r Ves This fO~'S to ~'d and dalflJ - , APPRO : ~ fY' I VI j)J roject anager REVIEWED BV: (p Date: ;r1 /11 07 II Date: h/;< //6 7 / CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Sheriffs SpecIal Operations Building PROJECT #: 52002 PROJECT MANAGER :Ron Hovell BID/RFP #: 06-4025MOD #: .1...PO#:4500073809 WORK ORDER #: DEPARTMENT: Facilities Management CONTRACTOR/FIRM NAME :Vanderbllt Bav Construction Original Contract Amount: $ 10,250,269.00 (Startlng Point) Current BCC Approved Amount: $ 10,250.269.00 (Lasl Total Amount Approved by the BCC) Current Contract Amount: $ ~ 9,2~5,925.65 J(j / ;ZS S, 9.5'.:z. (, S- (Including All Changes Prior To This Modification) Change Amount: $ 332,204.96 Revised ContractlWork Order Amount: $10,588,157.61 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ 337,888.61 Date of Last BCC Approval October 24,2006 Agenda Item # 1 DB Percentage of the change over/under current contract amount 3.3% Formula: (Revised Amount I Last Bce approved amount)-1 CURRENT COMPLETION DATE (5): ORIGINAL: 3/22/06CURRENT: 3/22/06 Describe the change(o): Due to unforeseen conditions, addillonal demucklng and fill beyond that provIded for in the base contract were required. (this work was completed in order to keep the project on schedule). Specify the reasons for the change(s): The underground conditions were significantly different than anticipated. The change Is necessary to pay for the work that was required In order to construct the building. Identify all negative impacts to the project if this change order were not processed: The County would be subject to claim and/or lawsuit as the work was completad. This change was requested by: ~ Contractor/Consultant [] Owner [] Using Department [! CDES [! Design Professional n Regulatory Agency (Specify) [J Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: re Yes DNa Date: G~o)j 7 / ' 6/ ;?C2!() 7 . REVIEWED BY: Date: Revised 5.21.2007 / CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Fleot Facility PROJECT #: 52009 PROJECT MANAGER :Ron Hovoll I BIO/RFP #: 02.3422MOD #: --1L-PO#:4500048657 WORK ORDER #: DEPARTMENT:Facilitlos CONTRACTOR/FIRM NAME: Dlsnev & Associates Original Contract Amount: $ 500,000.00 (Starting Point) $ 883,109.73 (Last Total Amount Approved by the BCC) Current BCe Approved Amount: Current Contract Amount: $ 925,109.73 (Including All Changes Prior To This Modification) Change Amount: $ 18,900.00 $ 944,009.73 (Including This Change Order) Revised Contract/Work Order Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $ 444,009.73 Date of Last BCe Approval November 14, 2006 Agonda Item # 10 J Percentage of the change over/under current contract amount 6.9% Formula: (Revised Amount I Last Bee approved amount).1 CURRENT COMPLETION DATE (S): ORIGINAL: 5/5/05CURRENT: 11/08/07 Describe the change(s): Collier County has selected a construction delivery method that has provided for two (2) phases of construction. Phase I of the construction is underway and completion Is anticipated for October- November 2007. Phase II construction drawings need to be reissued to the Construction Manager in order to issue bid packages to potential subcontractors. (Construction administration services for Phase II will also be required and will be presented to the BCC for approval.) Specify the reasons for the changers): This is to start Phase II, re.issue Sheriff and Wash Rack Building Drawings for Phase II. Identify all negative impacts to the project if this change order were not processed: Without these services, Phase II could not be bid by the general contractor and the project would stall. This change was requested by: ~ Contractor/Consultant 0 Owner 0 Using Department r: CDES r: Design Professional [1 Regulatory Agency (Specify) C Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: ~Yes r No This form is to be Si~~..ff APPROVED BY: Project Manager ~ REViEWED BY: . m ~) . n t Specialist Date: ~Pro7 Date: ~/ CJ J/p 7 Revised 5.21.2007 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Collie, County Fleet Facilltlea PROJECT It: 52009 PROJECT MANAGER :Ron Hovel! I BIDIRFP #: 06-3914MOD It. 4 POI: 45000610n WORK ORDER It. DEPARTMENT: Facilities Management CONTRACTOR/FIRM NAME: Wriaht Construction Original Contract Amount: $ 8,318,811.10 (starting Point) Current BCC Approved Amount: $ 8,318,811.10 (Last Total Amount Approved by !he BCC) Current Contract Amount $ 9, 169.571.25 (Including AD Changes Prior To This _n) Change Amount: $ 1,823.00 Revlaed ConlractlWork 0nI0r Amount: $ 8,171,400.25 (lnduding This Change Order) Cumulative Dollar Value of Changes to this ContractlWork 0-= $(145,410.85) Dote of LMt BCC Approval 3/28106 Agenda Item # 16 E 1 Percentage of the change over/under current contract amount -1.56% Formula: (Revised Amount/Last BCC approved amount)-1 CURRENT COMPLETION DATE (8): ORIGINAL: 11112008CURRENT: 1/112008 Describe the change(s): Delete PnH::onstrul:tion Phase for CAT as the location of the building is no longer at the new Fleet Facility (13,904.00) and add 15,727.00 Pre Construction work for the Fueling Station. Specify the reasons for the change(s: CAT Is not at this Location any longer and the Fueling Station has been added to the overall project. Identify all negative impacts to the project If this change order were not processed: Due to Land Development Code (LDC) requirements for the elevations of new development, the new buildings and adjacent parking are planned to be nearly three feet higher than the existing fueling facility. This elevation difference would resuit in a very awkward paving and drainage situation jf the Fueling Facility is not modified. (see BCC 2006 Nov 1416E5) This change was requested by: r Contractor/Consultant If?' Owner r Using Department r CDES r: Design Professional r Regulatory Agency (Specify) r. Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Ves r No This fonn Is to be signed and dated. Date: ~/t5/(J7 Date: b'/ dsA ; i I / / I / / .I CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Santa Barbara Blvd./Radlo Road PROJECT #: _62081_ PROJECT MANAGER: Marlene Meum, BIDlRFP #: 00-3062 MOD #~~~O#: WORK ORDER #: DEPARTMENT: _TECM CONTRACTOR/FIRM NAME: Wilson Miller Original Contract Amount: $ 2,228,072.00 (Starting Point) $ 3,735,963.00 - (Last Totai Amount Approved by the BCC) CUrrent BCe Approved Amount: Current Contract Amount: $_3,873,139.00 (Including All Changes Prior To This Modification) Change Amount: L81,OOO.00 Revised ContractIWork Order Amount: $3,954,139.00 (Including This Change Order) Cumulative Dollar Value of Changes to This ContractIWork Order: L1,726,067.oo_ Oat. of La.t BCC Approval_June 10, 2003_ Agenda Itom # _16 (B) (5)_ Percentage of the change over/under current contract amount_5.a4~o/. Formula: (Revised Amount / Last BCC approved amount)-1 CURRENT COMPLETiON DATE (S): ORIGINAL: Mav 17. 2002 CURRENT: June 30. 2008 Describe the change(s):_Continuation of the current post-design services Specify the reasons for the change(s):_Collier County TECM staff requested a proposal from Wilson MJller for a Not-to- Exceed fee adjustment in order to continue providing post-design services for the project currentiy under construction. Identify all negative Impacts to the project if this change order were not processed: _None This change was requested by: ('" Contractor/Consultant r. Owner ('" Using Department r CDES r Design Professional ('" Regulatory Agency (Specify) ('" Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: 17 Yes r No Approved b : Dale: ID /2c./ 07 I , " (~(plo1 Reviewed by: Revised 5.21.2007 v ~_.__._-_... CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM v PROJECT NAME: Immokalee Road Widening PROJECT #: 66042 B PROJECT MANAGER: John Conti BIDlRFP #: 05-3785 MOD #: Elaht (8\ POI: 4500044405 WORK ORDER jj N1A DEPARTMENT: TransDortatlon EnalneerlnG & Construction MlInaaement CONTRACTORIFIRM NAME: John Carlo. Incorooraled Original Contract Amount: $ 26.947.099.43 (Starting Point) Current BCC Approved Amount: $ Current Contract Amount: I' $ 27 .422.201.37 (Including All Changes Prior To This Modification) Change Amount: $ Revised Conlract/Work Order Amount: vi 207.973.37. Cumulative Dollar Value of Changes to this ContractIWork Order: $ 27.630.174.74 (Including This Change Order) / $ 683.075.31 Date 01 Last BCC Approval March 8. 2005 Agenda Item # 10 C v Percentage of the change over/under current contract amount 2.53 % Formula: (Revised Amount! Last Bee approved amount)~1 / CURRENT COMPLETION DATE (8): ORIGINAL: November 18. 2007 CURRENT: Februarv 26.2008 Describe the changers): 1) Bituminous Adlustment due to Increase In oil prices. 2\ Remove and Dispose of Buried concrete found durlna Installation of Storm crossin a @ ST A 111 9+05. 3lRemove and Reset structure S- 103 which was in contlict with Installina s new BMP @ STA 1112+37 Specify the reasons for the changers): 1) Bituminous Adlustment due to Increase In 011 prices. 2\ Remove and Disoose of Burled concrete found durina Installation of Storm crosslna @ ST A 1119+05. 3\ Remove and Reset structure S-103 which was In conflict with Installlna a new BMP @ STA 1112+37 Identify all negative impacts to the project If this chenge order were not processed: 1) The BlIuminous adlustment Is necessary to pav the contractor as per contract documents. Without this chanae Collier Countv would be In breach of contract. 2&3\ John Carlo would be unable to complete dralnaae therefore. thev would be unable to complete the Road work at these locations. This change was requested by: x Contractor/Consultant C Owner C Using Department r:: CDeS r:: Design Professional n Regulatory Agency (Specify) C Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes x No REVIEWED BY: APPROVED BY: Revised 5.21.2007 /// / / -L.. / / CONTRACTIWORK ORDER MODII'ICATION .CHEiCKLlSTFORM PROJECT NAME: US 41 North Pha.el&1I /PRR . VBRI BIDIRFP #: 06-4033 MOD #:....!!1. PO#: 4500074020 PROJECT #: 601551 WORK ORDER #:!:llA DEPARTMENT: Alternative TransDortation Modes fATM) Original Contract Amount: $ 104.194.58 (Starting Point) $ 104.194.58 (Last Total Amount Approved by the BCe) $104.194.58 (Including AIl Changes Prior To This Modification) Current Bee Approved Amount: Current Contract Amount: Change Amount: $ 6.389.73 .,,/A_ n f"""""_~""'/t' .,.. o / / Revised CootractIWork Order Amount: S 110.584.31 (Including This Change Order) Cumulative Dollar Value orChaDges to this Contract/Work Order: S 6.389.73 Date of Last Bee Approval Seot 26. 2006 Agenda Item # ~ Percentage of the change over/under current contract amount 6.13% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approvalls required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: June 28. 2007 CURRENT: June 28.2007 Describe the change{s): #1. (85) Add to Bnr~ No 216"'\ L.F I@3BO Total Amount (or TtUII #1-11.6..17.50 #2.1.1201 Delet~ Bore No 3(2") [ F raH3 75 ToUll (nrTtonU-JI.l6./fOflnl #3.(85)Add 10 BoreNa 4(2") L.F ail1315 TntaIAlfUJu,rt(or[temJiH_II168.75 #4. 19.5l Add to Bore No 5(2"l LF fiiJI315 TotaIAIfUJ'mtfn,lt"m1U_Jl ~06.2S #S. (]95) Add to Bort,:No 6I6"'! F liill150 ToJalAnwu,d fnrlt"mflJ_J6 ,ii.so #6-1..85' Oelde Rore Nn 216""] r, F (@1]SOTatalAmnunlfnrlt'ml/.6_II_1062501 #7_ (!(S) Add Conductor'1l [ F' fiiJO 22 Total Amnultt for Itt!m fl7-SIB 7n #8. 1.70) Delete I '5 ~ch 40 PVC IrrlIl1l.t!on Wiring I .F (Q)122.5 T6tnl Amount for Item NIt., -11.8.17.50l #9. (I' Chanve Puma Station From ].PIUlSC 10 "'inlfll': PhllSC raJ:2 TIS 00 TotiZl AmnII!!! fnr [~~1i9 -'!1:ZZ~ 00 /I 10. (.39' Delete BOUlf1I.lnvillea 3 !tal /till 'i 13 Totlll Amnunl fo, lum ~mi "J(.6ij~...,~ #11. (.101 Oelele Indian Hawthorne ha! fiiJIO 90 TotD.1 Amou.ttJ (oiltt!m /1.11_ 11.109 nm #12. (.309) Delete Juniocr Parson! llla! t'iiI]{) 21t Total AmoutIJ for Ilem #l11_J(.3 i76:J2l #1]. (20) Add Dwarl' AlIamand~ 3gat I2iIIO 90 Tntal A1mt1ullt ro, 11,.. NlJ -J1i8~OO /I] 4. (1m Ran Mulch at Pumn Station riM 79/BllIl Tntal Amount (n, Ilrm I/.U :.:t41J.30 #11. (-432\ Delete Ra"~ Mulch Contract r.il6 79IBalf Tnlttl Amnunl (lit Iteltl;tlH -!1f::2~UU8l /I 16. 12m 7pal r.hAmeadorea. Cataraclan1m Palm t'iil3'i.OO Total Amount in; [pn tf. 6-~7nO Of) fl.17- (I' Irrllla!:ion Zone At Pumn Sllllion "'Ingle Pha.'IC t'iil7jO.OO Totlll Amount f~,. item #17-1750.00 Specify the reasons for the change(a): The bores were extended to avoid Ihe removal ~ ~rae ;;I~s a~ -;alve bo~e8 "!re lo:tion~ ,<ovlde minimum dam"e 10 ex;,i1no am" Th. avall,bl. eler.tri~1 ~~~n,:~~ a"':~~i~~~~~ n::;~~ u~t " ;~:::~~~:~~:.::~-;:~~. the DUm" station W;I!; ch~need to malc':h the valtses The remal~j;~ ~ dres e t h I ft addition of olanl material and Irrioalion 10 Rl':l'@enthe Duma slalion on T~i Bl~d ere not pr..pcesseq: . tea-II, . Contractor/Consultant ('. Owner !lJ Using Department C COES (1 Design Professional (1 Regulatory Agency (Specify) (1 Other (Specify) CONTRACT SPECIALIST P!'RTlCIPATION IN NEGOTIATIONS: n Yes ~NO This form is to be signed and dated. APPROVED BY: (;-::)/-67 ~M /;7 I REVIEWED BY: Revised 5.21.2007 // Golden Gata Parkway PROJECT NAME: Grade Seoarated Ove"'ass PROJECT #: 60006 . . CONTRACTiWoRK ORDER MODIFICATION CHECKLIST FORM PROJECT MANAGER: James Zuver BID/RFP #: 04-3563 MOD #: 07 PO#: 4500031477 WORK ORDER #: DEPARTMENT: T.E.C.M. CONTRACTOR/FIRM NAME: KCCS. Inc. Original Contract Amount: $ /$ 2.367.611.00 (Starting Point) 2.902,971.50 (Lasl Talal Amount Approved by the BCC) CUrrent BCe Approved Amount: Current Contract Amount: V $ 2.902.971.50 (Including All Changes Prior To This Modification) Change Amount: $ Revised ContractIWork Order Amount: ~ $ 148.727.00 3.051.698.50 (Including This Change Order) Cumulative Dollar Value of Changes to / this ContractIWork Order: $ 683.887.50 Date of Last BCC Approval 2/13/2007 Agenda Item # 16 B 5 Percentage of the change over/under current contract amount Formula: (Revised Amount I Last Bee approved amount)-1 5.12 % CURRENT COMPLETION DATE (S): ORIGINAL: 11101/2006 CURRENT: 9/15/2007 Describe the change(s): 1) This extends the Consultant's comoletlon date from Julv 2. 2007. to Seotember 15. 2007. due to extension of General Contractor's services: 2\ Transfers funds from Survev and Qptlonal/ContinQencv services to Proiect Manaaement and InSDectlon services: and 3\ Also. increases the Prolect ManaQement and Insoection services bv $148,727. Specify the reasons for the change(s): Additional funds needed to cover costs to continue Prolect ManaQement and Insoection services due to extension of Contractor services thru mld-AuQust for substantial comoletion and mid- Seotember for comoletion of CEI services. Identify all negative impacts to the project If this change order were not processed: FundinQ will be deoleted for proiect services. This change was requested by: . Contractor/Consultant r Owner r Using Department (" CDES (" Design Professional r Regulatory Agency (Specify) r Other (Specify) CONTRACT SPEC'IALlST PARTICIPATION IN NEGOTIATIONS: .,:; Yes J<:No This form is to be signed and dated. APPROVED BY: Date: ?/-z..$'/c 7 / , aie: t", ~ 1;7 { { REVIEWED BY: Revised 5.21.2007 /[ I i , . " CON;T~t:T..wORKO~~~~~i1()N . CHECKLIST I'ORM . < PROJECT NAME: Sheriff's Sueclal Oueratlons Bulldlna PROJECT #: 52002 PROJECT MANAGER: Ron Hovell BIDlRFPlII: ~ MOD#: ~ POI: 4500073809 WORK ORDER #: t!lA DEPARTMENT: Facilities Manaoement CONTRACTOR/FIRM NAME: Vanderbilt Bay Construction Original Conlrilct Amount: $10.250.269.00 (Starting Point) $10.250.269.00 (Last Total Amount Approved by the BCC) $10.688.157.61 (Including All Changes Prior To This MOdification) Current BCC Approved Amount: CurrentConlrilctAmount: Change Amount: Revised ContractJWork Order Amount: $ 2.945.85 $10.591.103.46 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork: Order: $ 340.834.46 Date of Last BCC Approval October 24. 2006 Agenda Item # 10B Percentage of the change over/under current contract amount Formula: (Revised Amount / Last BCC approved emount)-1 3.33% CURRENT COMPLETION DATE ($): ORIGINAL: 3/22/08 CURRENT: 3/22/08 Describe the change(s): Abortive costs due to a work directive withdrawal. The Civil Enaineer issued revised Dlens which chanaed a Water Control Structure. and in order to keeo the DI'Olect on schedule a Work Directive was lssued. After further review with the Architects and Enaineers. it was detennined that the chance was an -enhancement" not reauired. Uttimatelv. the Work Dired:ive was withdrawn. Specify the reasons for the change(s): Planned or Elective Identify all negative impacts to the project If this change order were not processed: Potential claim bv the construction contractor. This change was requested by: r. Contractor/Consultant r Owner r Using Department r' CDES (' Design Professional r Regulatory Agency (Specify) r Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: '" Yes r No This form Is to be signed and dated. APPROVED BY: ~ R~P'E' J REVIEWED BY: /I m 'tt 1 Lyn 0 Date: q~~;&; 7 Date: 1/52/1) 1 Revised 5.21.2007 CONTI:'lACT/WORK ORDER MODIFICATION . CHECKLIST FORM PRQJECTNAME:C.R.951 Water Main PROJECT #; 70151 & 70.152 PROJECT MANAGERlRonald F. Dillard BIDIRFP #: 05-3996R MOD #: -1-PO#: 4500072818 WORK ORDER #: N/A DEPARTMENT: PUED CONTRACTOR/FIRM NAME: Akerman Construction Companv. Inc. Original Contract Amount: $18,330.133.00 (Slarting Point) Current BCC Approved Amount: $18,330.133.00 (last Total Amount Approved by the BCC) Current Contract Amount: $ 18.330,133.00 (Including All Changes Prior To This Modification) Change Amount: $ 384.870.23 Revised ContracllWork Order Amount: $18.715.003.23 (Including This Change Order) Cumulative Dollar Value of Changes to this ContracllWork Order: $ 384.870.23 Date of Last BCC Approval 9-26-06 Agenda Item # 10-1 Percentage of the change over/under current contract amount ~%. ;l.. (0 )'; Formula: (Revised Amount I last BCC approved amount)-1 CURRENT COMPLETiON DATE (S): ORIGINAL: 11-20-07 CURRENT: 1-19-08 Describe the change(s): 1. Construct a portion of the pipeline in an easement on Countv owned propertv rather than in the FPl easement across the Verona Walk property as reauested by Verona Walk. 2. Proylde concrete support pads for 30" and laraer valves. Specify the reasons for the change(s): 1. The Verona Walk developer did not provide the easements needed to install the main across Verona Walk In a 1imelv manner. 2. Reauested by County Inspector and aareed to by Water Department staff. Unforeseen conditions; value ~dded Identify all negative impacts to the project if this change order were not processed: 1. There would be a aap of approxima1elv 6,000 feet In the pipeline. 2. There would be no pads to support the welaht of the larae valves. This change was requested by: 0 Contractor/Consultant ri Owner 'USing Department [l CDES [J Other (Specify) r:: Design Professional 0 Regulatory Agency (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: ~es r No This form is to be signed and dated. APPROVED BY: ~./ q:: "'V:/ttJ./" Ronald F. Dillard, Senior Project Date: {7 -.:l ~ -0'7 REVIEWED BY: Date: 7/ 02/~ 7 . , Revised 5.21.2007 CONTRACTIWORK ORDER MODIFICATION . <:HECK~IS:r FORM PROJECT NAME: Collier County Landfill Scalehouse PROJECT MANAGER: Davne Atkinson PROJECT #: 59005 BIDIRFP #: OS-3908 MOD #: 3 PO#:_ 45000S3449 WORK ORDER #: DEPARTMENT:_PUED CONTRACTOR/FIRM NAME: Bradanna Original Contract Amount: $ 2,091,222 (Starting Point) Current BCC Approved Amount: $ 2,091,222 (Last Total Amount Approved by the BCG) Current Contract Amount: $ 2,023,015.89 (Including All Changes Prior To This Modification) Change Amount: $ 94,738.15 Revised ContractIWork Order Amount: $ 2.117.754.04 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ 2S.532.04 Date of Last BCC Approval 4/11/06 Agenda Item # _16C Percentage of the change over/under current contract amount_".;r::::: (. 21 % Formula: (Revised Amount I Last BCC approved amount)-1 CURRENT COMPLETiON DATE (5): ORIGINAL: 12/17/06 CURRENT: 6/29/07 Describe the change(s):_ (1) Extra concrete sidewalk per SDPI f$3489.711 (2)SinQle adiacent rock parkinQ space to be asphalted f$1666.501 (3) maintenance of temp flush water svstem ~$678.191 (4) Scale lavout revision f$63.821.0S1 (5)Desion of weather station receivino antenna f$903.251 is) Up rade scale approach asphalt area f$23.147.69 Specify the reasons for the changers}: Additional owner requested chanqes for safety and unforeseen conditions Identify all negative impacts to the project if this change order were not processed: not have been able to be opened if these chanQes were not completed. The scalehouse would This change was requested by: n Contractor/Consultant Ie Design Professional n Regulatory Agency (Specify) ~ner C Using Department Ie CDES C Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: ~ Yes r No This form is t Date: b/ZO/() 7 , 6! J-{)!01 APPROVED BY: REViEWED BY: ...-- Date: Revised 5.21.2007 CONTRACTIWORK ORDER MODIFICATI.ON . CHECKLIST FORM Golden Gate Parkway PROJECT NAME: Grade Secarated Ovemass PROJECT #: 60006 BID/RFP #: 04-3653 MOD #: 17 PO#: 4500031462 PROJECT MANAGER: James,!!uve, WORK ORDER #: DEPARTMENT: T.E.C.M. CONTRACTOR/FIRM NAME:MCM Enaineers and General Contractors Original Contract Amount: $ 35.397.385.35 (Starting Point) Current Bee Approved Amount: $ 37.951.482.80 (Last Total Amount Approved by the BCe) Current Contract Amount: $ 38.347041.95 (Including All Changes Prior To This Modification) Change Amount: $ 223.098..27 Revised ContracUWork Order Amount: $ 38.570.140.22 (Including This Change Order) Cumulative Dollar Value of Changes to this ContracllWork Order: $ 3.172.754.87 c.. c:: r- " ~ Date of Last BCC Approval 6/20/2006 Agenda Item # 10 fhl Percentage of the change over/under current contract amount Formula: (Revised Amount I Last BCC approved amount)-l Jd5fr II~?; % CURRENT COMPLETION DATE (S): ORIGINAL: 9/26/2006 CURRENT: June 18th. 2007 (this request) Describe the change(s):#OI installation oftwo gravity walls to support the City of Naples's 36" water maIn as it comes of the truss bridge. #02 Fittings used to tie the newly installed 36" water main to existing. #03 irrigation revisions, moving the tie In connection from the east side of Estuary's entrance to the west. #04 irrigation revisions, #05 Irrigation revisions, #06 removal of unsuitable material, #07 dewatering for the gebions. Controlling Items of work affected by weather. Specify the reasons for the change(s): #01 Gravity walls were added as requIred to support the ends of the 36" wa/ermain as It came off/he truss bridge. #02 additional fitting were needed to connect the newly installed 36" watermain to existing, the existing was not located where it was shown on the plans. #03, #04, #05 McGee and associates revised plans for various reasons directed by the County. #06 material was unsuitable for road construction and had to be removed (this is the last 01 It). #07 a percentage of dewatering was deleted from the contract in an earlier change order as .seal concrete alterative that was originally for several areas, the dewatering for the gabions was included and deleted in error and must be put back ;n to contract. Two rain days added to current calendar days. Identify all negative impacts to the project If this change order were not processed: #01, #02, #06, and #07 will delay the completion of the project. #03, #04, #05 will keep the newly planted plants and shrubs from being watered correctly. This change was requested by: ContractorlConsultant . Owner (' Using Department (" CDES . Design Professional r Regulatory Agency (Specify) (" Other (Specify) CONTRACT SPECIALIST PARTICIPATiON IN NEGOTIATIONS: rYes .No This form is to be signed and dated. APPROVED BY: Date: REVIEWED BY: I C Revised 5.21.2007 Date: .~ PROJECT NAME: CONTRACT/WORK ORDER MODIFICATION f.~~~:- ~pl~~~~ fr ~ ~t BID/RFP I: 06-4037 MOO #: 1 POI: 4500074539 WORK ORDER I: NA DEPARTMENT: Tourism CONTRACTOR/FIRM NAME: Miles Media Grouo Original Contract Amount: $_7,964.00 (Starting Point) 7.964.00 (Last Total Amount Approved by the BCG) Current Bee Approved Amount: $ Current Contract Amount: $ 7.964.00 (Including All Changes Prior To This Modification) Change Amount: Revised ContractIWork Order Amount: $ $ 21.220.00 29.184.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ '29.19A nn 0;.(, ';<:20, tJ 0 Date of Last Approval 12/13/2006 Agenda Item: nla Percentage of the change over/under current contract amount Formula:" (Revised Amount 1 Last BCC approved amount)-1 266.4 % Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCe approval is required; equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCe administratively. Changers to these work orders that exceed those thresholds require prior BeC approval. NON.CCNA Work Orders: If the change exceeds 10% of the current BCe amount, then Bee approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORIGINAL: CURRENT: oncalne SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Reprint of 30,000 2007 Visitor Guides is necessary in order to fulfill Increased requests for informatIon. This reprint quantity will take us through December 2007 when the 2008 Visitor Guides will be completed. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This reprint quantity is necessary due to an unanticipated increase in the number of inquiries for the Guide over previous years. PARTIES CONTACTED REGARDING THE CHANGE: Jack Wert Lvn Wood Miles Media IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change Is consistent with the scope of the existing agreement ..::L Proposed change is in fact an ~ddition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change "l Proposed prices, fees and costs set forth in the change are reasonable Revised 10.24.2006 CONTRACTJWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Pelican Bav Streets"",,. lni<latlon Ph VI BIDIRFP#: 074114 MOO II: 1 PO#: 4500078717 PROJECT#: 51142 PROJECT MANAGER: KYle Lukasz WORK ORDER #: DEPARTMENT: Pelican Bav Services CONTRACTORIFIRM NAME: Stahlman - Enaland IrOOolion Origlnol Contract Amount: .$ 176.425.00 {Starting Poirrt} Current BCC Approved Amount: $ 176.425.00 (Last Tolal Amount Approved by the BCC) Current Contract Arnount: $ 176.425.00 (Including All Changes Prior To This Modification) Change Amount: .$ 6.950.00 Revised ContraollWork Older Amount: .$ 183.375.00 (Including this Change Order) Curnulallve Dollar Value of Changes to this ContractlWork Order: $6.950.00 Date of last BCC Approval 03/1312007 Agenda Itern# 16.F.4 3. 'N 0(. ~% Percentage ofthG change overJuhder current contract amount Formula: (Revised Amount J Last BCe approved arnount).l CURRENT COMPLETION DATE (S): ORIGINAL: 07110/2007 CURRENT; 07/30/2007 Describe the change(s): Add; one additional zone valve. 60 rotor heads. 25 sprav heads. 60 feet of 2" directional bore. Specify the reasons for the change(s): Because of e"imina field conditions additional zone valve and irriaation heads were necessarY to achieve the desired Irriqatlon coveraoe. Directional bore is necessarY to tie-in two roadwav medians into the Phase Vllrrlaation svstem which was not specified in the ooainal desion. Identify all negative impacts to the project if this change onter were not processed: If the zone valve and additional heads were not Installed it would result in improper irriaation eoverano and damalled landscape. If the medians are not connected to the svstem it will result in a separate contract which woul<l be at an ad<lilional expense because of some duplicate work and re-mobilization of work crews. This change was requested by: r Contractor/Consultant X Owner r Using Department ("' CDES ("' Design Professional r Regulatory Agency (Specify) r Other (Specify) CONTRACT SPECIALIST PARTICIPATiON IN NEGOTIATIONS: ryes 1- No APPROVED BY: Date: '1" 1,2 /"7 rill.. ( cJ7 REVIEWED BY: Date: / CONTRACT/WORKOB-DER MODII'icATION CHECKIJ$T FORM // PROJECT NAME :Sheriff Soecial Ooeratlons PROJECT #: 52002 PROJECT MANAGER: Ron Hovell 3S"S'C> BID/RFP #:03_ MOD #: 1 PO#:4500035136 WORK ORDER #: DEPARTMENT: Facilities Management CONTRACTOR/FIRM NAME :Victor J latavish Original Contract Amount: $ 670,000.00 (Starting Point) Current BCC Approved Amount: $670,000.00 . (Last Total Amount Approved by the BCC) Current Contract Amount: $670,000.00 (Including All Changes Prior To This Modification) Change Amount: $ 10,163.75 Revised Contractwork Order Amount: $680,163.75 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractJWork Order: $10,163.75 Date of last BCC Approval 9/21/04 Agenda Item # 16 E 7 Percentage of the change over/under current contract amount 1 ~52% Formula: (Revised Amount I Last BCe approved amount)-1 CURRENT COMPLETION DATE (5): ORIGINAL: CURRENT: Describe the change(s): Additional services were required due to inquiries from the City of Naples and the Naples Airport Authority related to the neighboring property, Continental Aviation Services. The grading plan had to be re-verified, discussions were needed related to the discovery of an underground tank and ultimately the City directed that a fence variance be obtained. Specify the reasons for the change(s):_The Naples City Council and Naples Airport Authority passed along a number of questions related to Continental Aviation Services. A fence variance is required or the project cannot be completed. Identify all negative impacts to the project If this change order were not processed: Though some of the work has been completed, if this change is not processed, the project cannot be constructed as designed _ the City requires a fence variance be processed before they will Issue a permit to construct it. This change was requested by: r Contractor/Consultant r Owner r Using Department (' CDES (' Design Professional r Regulatory Agency (Specify) r Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes r No APPROVED B ; Date: 7 /Id 07 j/~/07 REVIEWED BY: Date: Revised 5.21.2007 CQNTRACT/WORK ORDER MODIFICATION CHECKlIl';T FORM .. PROJECT NAME: Reclaimed Water Aquifer StoraQe & Recoverv PROJECT #: 74030 PROJECT MANAGER: Alicia Abbott BID/RFP I: 06-3924 MOD I: 2 POI: 4500061836 WORK ORDER I: DEPARTMENT: Public Utilities Enqlneerinq CONTRACTOR/FIRM NAME: Douglas N. Higgins, Inc. Original Contract Amount: $ 4.369,400 (Starting Point) Current BCC Approved Amount: $ 4.369,400 (Last Total Amount Approved by the BCC) Current Contract Amount: $4.513.092 (Including All Changes Prior To This Modification) Change Amount: $ 81 ,402.79 Revised ContractIWork Order Amount: $4.594.494.79 (Including This Change Order) Cumulative Dollar Value of Changes to This ContractIWork Order: $225.094.80 Date of Last BCC Approval 3-28-06 Agenda Item I 10H Percentage of the change over/under current contract amount: 5.15 % Formula: (Revised Amount I Last BCC approved amount)-1 CURRENT COMPLETION DATE (S): ORIGINAL: Januarv 29. 2007 CURRENT: June 14. 2007 Describe the change(s): This chance order includes multiDle chances durina construction. and adds 116 days to the contract time. Specify the reasons for the change(s): Chanaes included actual quantity adjustments. operational enhancements addition of items reauired to comolete the work that was not included in the desian. The additional time is related to obtaininq nermits for the hot taD which will accommodate future oro;ect exoansions, and an SOP revision 10 add the antenna. Identify all negative impacts to the project if this change order were not processed: If this chanoe order were not processed we could not adequately complete the oroiect. . This change was requested by: nX Contractor/Consullant ex Owner g Using Department IJ CDES [l X Design Professional n Regulatory Agency (Specify) g Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: X r: Ves r No Date: ~\\7\~) 1/ ';;-3/ OJ REVIEWED BV: Date: Revised 5.21.2007 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME:C.R. 951 Water Main PROJECT #: 70151 & 70152, PROJECT MANAGER:, Ronald F. Dillard' BID/RFP #: 06.3996R MOD #: -L-PO#: 4500072818 WORK ORDER #: N/A DEPARTMENT: PUED CONTRACTOR/FIRM NAME: Akerman Construction Company. Inc. Ori9inal Contract Amount: $18.330.133.00 (Starting Point) Current BCC Approved Amount: $18.330.133.00 (Last Total Amount Approved by the BCG) Current Contract Amount: $18,715,003.23 (including All Changes Prior To This Modification) Change Amount: $115.887.67 Revised ContractIWork Order Amount: $ 18,830.890.90 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ 500.757.90 Date of last BCC Approval 9-26-06 Agenda Item # 10-1 Percentage of the change over/under current contract amount 2.73% Formula: (Revised Amount I Last BGG approved amount)-1 CURRENT COMPLETiON DATE (S): ORIGINAL: 11-20-07 CURRENT: 4-15-08 Describe the change(s): Chanqe the aliqnment of the 36" water main between Business Circle South and Sawarass Way from the west side of CR 951 to the median. Specify the reasons for the change(s): Additional utilitv lines were installed in conflict with the proposed aliqnment durinq desiqn of the water main. but after the utilitv survey was done. Identify all negative impacts to the project if this change order were not processed: Construction of this vital water main would be delaved several months, which would result in not beinq able to meet anticipated demands for water next season. This change was requested by: [] ContractorlConsultant ri Owner C Using Department C CDES C Design Professional [] Regulatory Agency (Specify) [J Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: Ii Yes r No This form is to be signed and dated. REViEWED BY: Date: 7-:1-0-07 APPROVED BY: Dale: '7/a.fs/D7 Revised 5.21.2007 CONTRACTIWORK.ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: US 41 East Phase C lRattlesnake Hammock Rd _ St. Andrews Blvd. I PROJECT#: 600261 BID/RFP #: 07-4074 MOD #: .J!.L pO#: 4500079097 WORK ORDER #:t:I!A DEPARTMENT: Alternative Transportation Modes IATMl Original Contract Amount: $ 549.015.37 (Starting Point) $ 549.015.37 (Last Total Amount Approved by the BCC) $ 549.015.37 (Including All Changes Prior To This Modification) Current Bee Approved Amount: CurreDt Contract Amount: Change Amount: S 21.980.03 S 570.995.40 (Including This Change Order) Cumulative DoUar Value oCChanges to this ContractIWork Order: $ 21.980.03 Revised ContraetIWork Order Amount: Date of Last BCC Approval Januarv 23. 2007 Agenda Item # 16B-02 Percentage of the change over/under current contract amount 4.00% Formula: (Revised Amount I Last Bee approved amount)-1 CURRENT COMPLETION DATE (S): ORIGINAL: October 13.2007 CURRENT: October 13.2007 Describe the change(s): Nl- Plant Materials Deduct: -8 WB~ Wodvetia bifurcata 10'ct. soecimen' mnil Price: $338.29 Total (,$..2 706.3211 .12 WB- Wodvetia bifurcata 12'ct: s[Jecimen' mnit Price' $371 30 Totoirs-4 4~5.~~~) -13 WB. Wodvetia bifurcata 16'ct. !;necimen' (Unit Price: $4H2.24 Total (S.fi 2 9 ) .3 U_ Liml.'itrwn luddum lO'-12'M' 8'SDr' 4.5"cal' (Unit Price: $482 00 Tot~l(ii446 00)) -4 BB. Bucida buce!'ll$ 'Shady Ladv' 14'-15'bt. S'-IO'ser' 3.5"cal' sDecim~~ (ij;it Price' ~i I 6 93 Total ($-1 267.72)) Total Amount Deduction. for Item #1 =($16.144. 76J #1.- Plant Material! Add 6 RE Rovstonea elata 6'ct. sDocimen (Unit Price' Sfi87 58 Total' $4 125.48) 12 RE Rovstonea c]atH to'et. soccimen (Unit Price' $1 100.27 Tot.al' $]3 203.24) 9 RE Rovstonea elam IS'ct. soecimen (Unit PriCe' $1 851 03 Total' $16 659 27) 2 SP Sable oalmetto 10'bl' soecimen moil Price' $18510 Total' 1370 20) 4 SP Sllhle naImetto 14'ht. ~Decimen moit Price' $1 lJs 10 Total' $740,401 2 SP Sahle Dalmetfo 18'ht' soecimen (Unit Price' $185.10 Total' $370.201 4 OV Quercus vir2iniana 14'-16'ht- ~ 5"cal' 652al (Unit Price: $506.77 i~~l: $2)027.08) 3 U LOQuat iaoonica IO'-12'ht. 2"c81'10281 (Unit Price: $209,64 Total':Ii 8.92 Total Amount Add/tIon for Jt~m #2 =138.124.79 No/e: Total Additions"" $J8,124. 79, Total Dele/ions"" $(-16,144. 76) Net Change = 111,980.0 Specify the reasons for the change(s): To chance the DroDosed Black olives to oaks because of hurricane vulnerability. The oaks are natiye trees and can withstand hurricane force winds. Royal Dalm~ will match the exJstIna desfan on U$A1E and will not Interfere with exlstlna utilities. Tho chanae has been aD...roved bv FOOT and follows the FOOT deslan standard Index 546 "Slaht Distance at Intersections". and all sDecifications. CDES ~ Design Professional <': RegUlatory Agency (Specify) f' Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes )It No This form is to be ~ APPROVED BY: " Bo Dale: '? ~~ V? 7~0;67 / REVIEWED BY: Revised 5.21.2007 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM t!e; AJ 5 (Lj... T I'+IV r -SGR. 1/ I<!-G 5 FoR, ::l;?) ;J /? elf r$ i? .s 7Z..f D J E $ PROJECT NAME:\:ome. 60", ,to I. ,Je.i, '" 5,udv PROJECT #;. N1A PROJECT MANAGER: Amy Patierson BIP/RFP II: 06-4044 MOIl II: L-PO#: 4500074310 WORK ORDER II: N1A DEPARTMENT: Impact Fees CONTRACTOR/FIRM NAME: TIndale Oliver & Associales Inc Original Contract Amount: $ 56,401.00 Current BCC Approved Amount: $ N/A CurronlContractAmounl: $Sl',111.Q9 5&,17'iJI.tRJ Change Amount: O,7i709 tf~5 00.00 Revised ContractIWork Order Amount: $ 60,901.00 CumulatIve Dollar Value of Changes to this ContractIWork Order: $ 4,500.00 Date of last BCC Approva/11/14/06 Agenda Item II 16 A 9 Percentage ofthe change over/under current contract amount~ 7. 9 ~ CURRENT COMPLETION DATE (S): ORIGINAL: J:!la.CURRENT: NIA Describe the change(s): Additional Meeting for approval of increase in impact fees Specify the reasons for the change(s): Steve Tlndale was needed to present the new increase for impact fees to the BCC Identify all negative impacts to the project If this change order were not processed: ...... sh.... Iml'lt <!J . Tt? <5"5 mflY /Ja" f/-I}llC Bee;..) /'leeGPreb 7.3Y 13C!-<!. A1UD THGIle tuotu..o & A- 6tfO/?TFfil..l- ;AI FU,P"])I IV G If this cnange was requested by: r Contractor/Consultant n Owner (" Using Department A, COES C' Design Professional (" Regulatory Agency (Specify) (". Other (Specify) ""'NO CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: ryes This form Is to be sigIJed and dated. APPROVED BY: ~R~ Project Ma gar I j) REVIEWED BY: ~. A~ If1 Ij) tfOtt/ Con ac.S eciallst Date: ., //gr/O? I 7/2 ~/() 1 Dale: Revised 5.21.2007 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Emeraencv Services ComDlex PROJECT MANAGER: Hank Jones PROJECT #: 52160 BID/RFP iI: 04-3609 MOD iI: .<l PQ#: 4500030516 WORK ORDER iI: .!:l!A DEPARTMENT: Facillties CONTRACTOR/FIRM NAME: Krall ConstrucUon ComDanv. Ine Original Contract Amount: $ 38,533,902.00 (Starling Point) Current BCC Approved Amount: $ 38,533,902.00 (last Total Amount Approved by the BCC) Current Contract Amount: $38,533,902.00 (Induding All Changes Prior To This Modification) Change Amount: $ (1.194,169.55) Revised Contrac:tMIork Ordet' Amount: $ 37,339,732.45 (Induding This Change Order) Cumulative Dollar Value or Changes to this ContracWiork Order: ${1, 194, 169.55} Date of last BCC Approval~riI24, 2007 Agenda Item #: lOA Percentage of the change over/under current contract amount .3.10% Formula: (Ravised Amount I last BCC approved amount)-l CURRENT COMPLETION DATE (8): ORIGINAL: Dec 2008 CURRENT: March 2009 Describe the change(s): Direct Matenal Purchase Specify the reasons for the change(s): Tax Savings on Material Purchased Identify all negative impacts to the project if this change order were not processed: Tax Savings would be lost This change was requested by: r Contractor/Consultant CO" OWner r Using Department ("' CDES ("' Design Professional r. Regulatory Agency (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Ves r 7ecify) No Date: 7(~~(O 7 Jb7/07 , ; Date: CONTRACTIWORK ORDER MODIFICATION . CHECKLIST FORM PROJECT NAME: Collier Countv Emeraencv Services ComDlex PROJECT MANAGER: Hank Jones PROJECT #: 52160 BID/RFP #: 04-3609 MOD #: ;! PO#: 4500030516 WORK ORDER #: NA DEPARTMENT: Facilities CONTRACTOR/FIRM NAME: Kraft Construction Comoanv. Inc Original Contract Amount: $ 38,533,902.00 (starting Point) Current BCC Approved Amount: $ 38,533.902.00 (Last T olal Amount Approved by the BCC) Current Contract Amount: $ 37,33S,73245 (Including An Chanses Prior To This Modification) Change Amount: $ (1,577,319.58) Revised ContractJWork Order Amount: $ 35,762,412.87 (Including This Change Order} CumulaUve Dollar Val.... of Changes to this ContractJWork Order: $ (2,771,489.13) Date of Last BCC Approval_April 24, 2007 Agenda Item # 10 A Percentage of the change over/under current contract amount -7.19% Formula: (Revised Amount/ LastBCC approved amount)-1 CURRENT COMPLETION DATE (6): ORIGINAL: Dec 2008 CURRENT: March 200S Describe the change(s): Direct Material Purchase Specify the reasons for the change(s): Tax Savings on Material Purchased Identify all negative impacts to the project if this change order were not processed: Tax Savings would be lost This change was requested by: r Contractor/Consultant ... OWner r Using Department r CDES r DeSign Professional r. Regulatory Agency (Specify) r Other (Specify) r No CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: ryes APPROVED BY: Date: ? /z.., (0 7 7/L7h? / REVIEWED BY: Date: CONTRACliWORK ORDER MQQJFICATION CHECKLIST FORM" PROJECT NAME: Collier Countv Emeraencv Services ComDlex PROJECT MANAGER: Hank Jones PROJECT #: 52160 BID/RFP #; 04-3609 MOD #: ~ PO#: 4500030516 WORK ORDER #: NA DEPARTMENT: Facilities CONTRACTOR/FIRM NAME; Krall Construction Corneanv. Ine Original Contract Amount: $ 38,533.1I02.oo (Slatting Point) Current BCC Approved Amount: $ 38,533,902.00 (last Total Amount Approved by the BCG) Current Contract Amount: $ 35,762,412.87 (Including All Changes Prior To This Modificallon) Change Amount: $ (371,000.00) Revised ContractlWork Order Amount: $ 35,391,412.87 (Including This Change Order) Cumulative Dollar Value of Cllanges to tills ContractlWork Order: $ (3,142,489.131 Date of Last BCC Approval_April 24, 2007 Agenda Item #: 10 A Percentage of the ch.nge over/under current contract amount -8.16% Formula: (Revised Arnourit I last BCC approved amount}-1 CURRENT COMPLETION DATE (S): ORIGINAL: Dec 2006 CURRENT: March 2009 Describe the change(s): Direct Material Purchase Specify the reasons for the change(s): Tax Savings on Material Purchased Identify all negative impacts to the project iflhfs change order were not processed: Tax Savings would be lost This change was requested by: r Contractor/Consultant (0" Owner r Using Department (' CDES (' Design Professional r. Regulatory Agency (Specify) r other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Ves r No APPROVED BY: Date: ~/'U'//)7 , j/n/rJi I / REVIEWED BY: Date: Page I of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Report and Ratify 31aft-Approved Change Orders and Changes to Work Orders 10 Board- Approved Contracts. 8i14i2007 9:00:00 AM Meeting Date: Prepared By Diana DeLeon Administrative Assistant Date Administrative Services Purchasing 71311200710:15:51 AM Approved By Steve Carnell Purchasing/General Svcs Director Purchasing Date Administrative Services 816120074:04 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 816120074:04 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 818120078:44 AM Approved By Laura Davisson Management & Budget Analyst Office of Management & Budget Date County Manager's Office 818120072:03 PM http://bccagendallntranet/ attachmentvi ewer. aspx ?attachmenti d =-1 &i tern i d=97 4 2 8/14/2007 EXECUTIVE SUMMARY Recommendation that Board of County Commissioners approve a budget amendment associated with an increase of $112,506 to a previously accepted Federal Aviation Administration grant for the construction of Taxiway "C" at the Immokalee Regional Airport. Obiective: To obtain approval from the Board of County Commissioners for a budget amendment associated with an increase of $112,506 to a previously accepted Federal Aviation Administration (FAA) grant for the construction of Taxiway "C" at the Immokalee Regional Airport. Considerations: The original amount of funds available for the construction of Taxiway "c" at the Immokalee Regional Airport was $795,954. The increased amount needed is $188,611.51. The Federal Aviation Administration increased the original grant, accepted by the Collier County Board of County Commissioners on September 12, 2006, Agenda Item No. 16(F)( 1), by $112,506 to fund a portion of this increase. Fiscal Impact: A budget amendment is required to increase grant proceeds in Collier County Airport Authority Grant Fund 496. Growth Manaaement Impact: There is no Growth Management Impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners approves the budget amendment associated with an increase of $112,506 to a previously accepted Federal Aviation Administration grant for the construction of Taxiway "c" at the Immokalee Regional Airport. Prepared bv: Debra Brueggeman, Collier County Airport Authority BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#.. JE#,. BAR#. A.P.II. Dale.. 496 Fund Number Airport Authority Grants Fund Description Date Prepared: 8/3/07 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Imm Airport Grants Immokalee Taxiway C Construction Fd CtrNo.: 192340 WBS No.: 46026] (Provide the Fund Center or WBS element information; it is not ~ired to rovidc both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description I (Decrease) Budget Budget 192340 460261 763]00 Improvements General 112,506.00 754,954.00 867,460.00 Net Change to Budget 112,506.00 Fund Center Title: WBS Element Title: Expense Budget Detail Fd Ctr No.: WBS No.: JZrovide the Fund Center or WBS element information; it IS not reqUlred to provide ot .) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budget b h Net Change to Budget Fund Center Title: WBS Element Title: Revenue Budget Detail Imm Airport Grants Immokalee Taxiway C Construction Fd Ctr No.: ]92340 WBS No.: 46026] (Provide the Fund Center or WBS element information; it is not required 10 rovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 192340 460261 334492 Grant Proceeds 112,506.00 752,761.00 865,267.00 Net Change to Budget 112,506.00 EXPLANA nON Why are funds needed? No additional funds are needed. This budget amendment recognizes additional funding from the Federal Aviation Administration. Where are funds available? NIA REVIEW PROCESS DATE I Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: I~ut by: B.A. No.: Page I of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation that Board of County Commissioners approve a budget amendment associated with an increase of $112,506 to a previously accepted Federal Aviation Administration grant for the construction of Taxiway C at the lmmokalee Regional Airport 8/14/20079:00:00 AM Prepared By Debra Brueggeman Administrative Assistant Date County Manager's Office Airport Authority 8/6/20079:16:40 AM Approved By Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 8/6/2007 4:21 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/7/20077:35 AM http://bccagendalIntranet/ attachmentviewer .aspx? attachmentid=-I & item i d =9771 8/14/2007 EXECUTIVE SUMMARY Recommendation that Board of County Commissioners approve a budget amendment in the amount of $521,435.90 for insurance proceeds received by the Collier County Airport Authority to reconstruct the T -hangar building and the sheriff's dwelling at Everglades Airpark that were damaged by hurricane Wilma. Obiective: To obtain approval from the Board of County Commissioners for a budget amendment in the amount of $521,435.90 for insurance proceeds received by the Collier County Airport Authority to reconstruct the T-hangar building and sheriff's dwelling at Everglades Airpark that were damaged by hurricane Wilma. Considerations: Funds were received and deposited into Collier County Airport Authority Grant Fund (496) in the amount of $521,435.90 from Johns Eastern Insurance Company. Fiscal Impact: Insurance proceeds in the amount of $521,435.90 were deposited into Collier County Airport Authority Grant Fund (496). Growth Manaaement Impact: There is no Growth Management Impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners approve the budget amendment in the amount of $521,435.90 to recognize insurance proceeds received by the Collier County Airport Authority to reconstruct the T- hangar building and sheriff's dwelling at Everglades Airpark that were damaged by hurricane Wilma. Prepared bv: Debbie Brueggeman, Collier County Airport Authority BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#.. JE# ....................... ......" AAR#.. A.P,l{. Date.. 496 Fund Number Airport Authority Grants Fund Description Date Prepared: 7/13/07 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Everglades Airport Grants Everglades Hangar Re-Construction Fd Ctr No.: 192342 WBS No.: 500601 (Provide the Fund Center or WBS element information; it is not reauircd to provide both. Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud~et Budl!et 192342 500601 762200 Building Improvements 495,079.06 0 495,079.06 Net Change to Budget 495,079.06 Fund Center Title: WBS Element Title: Revenue Budget Detail Everglades Airport Grants Everglades Hangar Re-Construction Fd Ctr No.: 192342 WBS No.: 500601 (Provide the rund Center or was element information; it is not reauired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 192342 500601 369130 Insurance Company 495,079.06 0 495,079.06 Refunds Net Change to Budget 495,079.06 Fund Center Title: WBS Element Title: Expense Budget Detail Everglades Airport Grants Everglades Hangar Re-Construction Fd Ctr No.: 192342 WBS No.: 500611 (Provide the Fund Center or was element informatIOn; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Bud!!et 192342 500611 762200 Building Improvements 26,35684 0 26,356.84 Net Change to Budget 26,356.84 --.-.-...-....-....-- - -- _.....,.._--~.._~~ Fund Center Title: WBS Element Title: Revenue Budget Detail Everglades Airport Grants Everglades Hangar Re-Construction Fd Ctr No.: 192342 WBS No.: 50061 I (Provide the Fund Center or WBS element information; it is not r~quired 10 rovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 192342 50061 I 369130 Insurance Company 26,356.84 0 26,356.84 Refunds Net Change to Budget 26,356.84 EXPLANATION Why are funds needed? No funds are needed. This budget amendment will recognize revenue received for insurance claims filed in connection with damage caused by hurricane Wilma at the Everglades Airpark Where are funds available? N/A REVIEW PROCESS DATE J Cost Center Director: Division Administrator: Budget Department: ~ency Mana2er: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: Page I of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Recommendation that Board of County Commissioners approve a budget amendment in the amount of $521 ,435.90 for insurance proceeds received hy the Collier County Airport Authority to reconstruct the T~hangar building and the sheriffs dwelling at Everglades Airpark that were damaged by hurricane Wilma. Meeting Date: 8/14/20079:00:00 AM Prepared By Ocbi Mueller Account Technican Date County Manager's Office Airport Authority 811/20079:46:53 AM Approved By Theresa M. Cook E:lCccutive Director Date County Manager's Office Airport Authority 8/6/20074:19 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/7/20077:32 AM http://bccagendallntranetiattachmentviewer.aspx?attachmentid=_1 &itemid=97 51 8/14/2007 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $2,056.89 to recognize additional revenue received from the Area Agency on Aging for the Older American's Act Title IIl-E program budget for FY 06-07. OBJECTIVE: The approval of this budget amendment is necessary to recognize additional grant funding received for the Services for Seniors Title III-E program. CONSIDERATIONS: Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly for the past 33 years through the Older Americans Act program. This program provides respite support to the caregivers of Collier County's frail elderly. The Caregiver Support portion of the Older Americans Act grant is currently funded at $69,461. The Services for Seniors program received an additional $2,056.89 in revenue from the Area Agency on Aging to provide additional services to seniors in Collier County. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. rfthe decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. GROWTH MANAGEMENT: recommendation. There is no growth management impact from this FISCAL IMPACT: FY 06-07 budget in the Older American's Act Title II1-E program (155972-346641) will increase by $2,056.89. No additional matching funds are required. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment. Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services Department -_..,.,._,-,-".~-.-.._------ BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#.. JI::#" BAR#.. A.P.H. Date.. 123 Fund Number Services for Seniors Fund Description Date Prepared: 07/31/2007 Approved by BCC on: Attach Executive Summary Item No.: 16(D) (Provide the Fund Center or WI3S element information; it is not r~quircd to rovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decreasel Budget Budget 155972 346641 634104 Per/Respite/Homemaker 2,056.89 35,250.97 37,307.86 Fund Center Title: WBS Element Title: Expense Budget Detail Title IlI-E Caregiver Support Program Title III-E 01/01/2006 -12/31/2006 Net Change to Budget 2,056.89 Fd Ctr No.: 155972 WBS No.: 346641 (Provide the Fund Center or WAS element information; it is not r~ired to Tovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 155972 346641 331666 1ll.C Cong Meals 2,056.89 42,644.15 44,701.04 Fund Center Title: WBS Element Title: Revenue Budget Detail Title III-E Caregiver Support Program RS Title IlI-E 01/01/2006 - 12/31/2006 Net Change to Budget 2,056.89 Fd Ctr No.: 155972 WBS No.: 346641 EXPLANATION Why are funds needed? Funds are needed to provide respite support to caregivers of frail and elderly residents of Collier County. Where are funds available? Additional revenue was received from the Area Agency on Aging in the amount of $2,056.89. REVIEW PROCESS DATE J Cost Center Director: Division Administrator: Budget Department: Agencv Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: Page I of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation to approve a bUdget amendment in the amount of $2,056.89 to recognize additional revenue received from the Area Agency on Aging for the Older Americans Act Title III-E program budget for FY 06-07. 8/14/2007 g:OO:OO AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Housing & Human Services 8/1/2007 5:25:43 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 8/2/20078:37 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin, 8/3/2007 11 :07 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/7/20077:37 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 8/9/20074:36 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/9/20076:00 PM http://bccagendallntranet/ attachmentvi ewer. aspx? attachrnentid=-l &i tern i d=9 7 54 8/14/2007 EXECUTIVE SUMMARY Recommendation to award Contract 07-4135 to L3 Communications, Inc.; EMA, Inc.; Executive Alliance Group, Inc.; and Idea Integration Corp. for On-Call Project Management for IT OBJECTIVE: To obtain approval from the Board of County Commissioners to award Contract 07-4135 to L3 Communications, Inc.; EMA, Inc.; Executive Alliance Group, Inc.; and Idea Integration Corp. to supplement Information Technology staff with consultants for the purpose of completing projects in a timely manner. CONSIDERATIONS: From time to time, the timing of business demands for IT project management resources exceeds the capacity of IT staff. When this occurs, these contracts will provide the business units with an option to keep projects on schedule. The RFP was publicly advertised on April 11, 2007. Notices were sent to 92 firms with 33 vendors receiving full packages. Eight responses were received by the due date of May 11, 2007. A Seiection Committee meeting was held on June 29, 2007 and after review and discussion, by consensus of the members, the following firms were shortlisted in no particular order. L3 Communications, Inc. EMA, Inc. Executive Alliance Group, Inc. Idea Integration Corp. Staff has negotiated and reached agreement with the shortlisted firms and recommends award to the four firms. Work will be assigned by work orders with a $200,000 limit per- work-order without Board approval and a limit of $750,000 for each contract year. FISCAL IMPACT: These are On-Call contracts. Work orders against these contracts, if any, will utilize relevant existing operating or project funding. GROWTH MANAGEMENT IMPACT: This Executive Summary has no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners awards Contract 07- 4135 to L3 Communications Inc.; EMA, Inc.; Executive Alliance Group, Inc; and Idea Integration Corp, and authorizes the Chairman to sign the standard agreements after review by the County Attorney. PREPARED BY: Barry Axelrod, Director. Department of Information Technology Page 1 of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Recommendation to award conlract 07-4135 to L3 Communications Inc: EMA, Ine,: Executive Alliance Group, Inc.; and Idea Integration Corp. for On-Call Project Management lor iT Meeting Date: 8/14/20079:00:00 AM Approved By Barry Axelrod Information Technology Director Date Administrative Services Information Technology 8/7/20075:18 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 8/8/20077:56 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 8/8/200712:35 PM Approved By Jeff Bolen Security Administrator Date Administrative Services Information Technology 8/8/20073:58 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 8/8/20074:06 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 8/8/20074:23 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/9/20077:55 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 8/9/200710:46 AM http://bccagendallntranetiattachmentviewer.aspx ?attachmentid=-I &itemid=978I 8/14/2007 -'~~".' ,~-_...._" ~-~_._.- EXECUTIVE SUMMARY Recommendation to award Work Order No. PBS-FT-3971-07-16 under Contract No. 06-3971, "Annual Contract for General Contractors Services", to Wall Systems, Inc. of Southwest Florida, d/b/a/Professional Building Systems (PBS) for the construction of the Primary Data Center in the amount of $179,484.00. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Work Order PBS-FT-3971-07-16 to PBS for the construction of the Primary Data Center in the amount of $179,484.00. CONSIDERATIONS: The current Data Center located on the 5th floor of Building "F" is currently at capacity for floor space, floor loading and air conditioning cooling capacity preventing the installation of any further data processing equipment. Critical IT projects have been deferred until additional Data Center capacity is available. The new Primary Data Center will be located across the hallway from the present one. On April 14, 2007, requests for quotes were distributed to the four (4) General Contractors on the "Annual County Contract for General Contractors Services" (No. 06-3971). On April 19, 2007 a pre-quote meeting was held at the project site. On May 24, 2007, two (2) quotes and two (2) no-quotes were received and opened in response to the request for construction of the Primary Data Center. The responses were as follows: PBS Wm. J. Varian The Chris Tel Company Lodge Construction $179,484.00 $192,100.00 No Quote No Quote PBS is the lowest, responsive quote and staff recommends award of work order PBS-FT-3971- 07-16 to that firm. Staff also recommends that the BCC authorizes PBS to exceed the $500,000 annual contract limit in order to complete this project in a timely manner. FISCAL IMPACT: This project was anticipated and approved by the Board as part of the 2007 budget submission. (Fund 301-121153-50511) "Data Center Expansion." GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the Work Order PBS-FT-3971-07-16 to PBS for the construction of the Primary Data Center, authorizes PBS to exceed the $500,000 annual contract limit, and authorizes the County Manager or his designee to sign the Work Order after review and approval by the County Attorney's Office. PREPARED BY: Robert Fuentes, Project Manager, Department of Facilities Management WORK ORDER # PBS-FT-3971-07-16 IIGeneral Contractor's Services It Contract #06-3971, dated September 12, 2006 This Work Order is for General Contracting Services, subject to the terms and condi tions of the Contract referenced above, for Work known as: Collier County Primary Data Center 5th floor Building "F". PROJECT: The work is specified in the proposal dated June 12, 2007, from Wall Systems, Inc. of Southwest Florida, d/b/a Professional Building Systems which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #PBS-FT-3971-07-16 is assigned to Professional Building Systems. Scope: Contractor to provide labor and materials for the construction of the Collier County Primary Data Center 5th floor Bldg. "F" as per Architectural drawings from Victor Latavish AlA dated February 28, 2007. Schedule of Work: Complete within 90 days after Permit is issued. Compensation: In accordance with Item 3 of County will compensate the Firm in accordance lump sum amount provided in the schedule below. the Agreement, the with the negotiated Base Bid: Alternate #2: $151,317.00 $ 28,167.00 Total Lump Sum: $179,484.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. Prepared By: Robert Fuentes, Project Manager Facilities Management Department Date Work Order #PBS-FT-3971-07-16 Page 2 Approved By: Skip Camp CFM, Director Facilities Management Department Date Wall Systems Inc. of Southwest Florida d/b/a Professional Building Systems Date ATTEST: (Corporate Secretary) By: Signature By: Typed Name and Title (or) witnesses (2) (1) (2) Signature Signature (Print Name) (Print Name) Approved as to Form and Legal Sufficiency: Torn Palmer Assistant County Attorney Page I of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation to award Work Order No, PBS-FT-3971-07-16 under Contract No. 06- 3971, Annual Contract for General Contractors Services, to Wall Systems, Inc. of Southwest Florida. d/b/a/Professional Building Systems (PBS) for the construction of the Primary Data Center in the amount of $179,484,00 8/14/20079:00:00 AM Prepared By Robert Fuentes Project Manager Date Administrative Services Facilities Management 816120071 :20:40 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 816/20073:17 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 8/7120078:07 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 8/7/20078:33 AM Approved By Michael Berrios Network Operations Manager Date Administrative Services Information Technology 817/2007 5:20 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 8/8/2007 4: 1 9 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 819120077:54 AM http://bccagenda/I ntranet/ attachmentvi ewer. aspx ?attachmentid=- I &i temid=9 77 8 8/14/2007 EXECUTIVE SUMMARY To approve a budget amendment for $2,500,000.00 to reduce the amount of transfer from the Solid Waste Disposal Fund to the Solid Waste Capital Fund. OBJECTIVE: To approve a budget amendment for $2,500,000 to reduce the amount of transfer from the Solid Waste Disposal Fund to the Solid Waste Capital Fund. CONSIDERATIONS: On September 21,2006, the Board of County Commissioners approved the FY 07 budget. This budget included an inter-fund transfer of $2,965,000 from the Solid Waste Disposal Fund 470 to the Solid Waste Capital Fund 474. A transfer of $2,965,000 was predicated on achieving revenue of $18,740,000.00 for the Naples area. There has been a reduction in the tonnage of disposal received at the Naples landfill. Also, Pro Disposal Inc. has opened their own area to dispose of construction and demolition waste, resulting in a diversion of some customers to that location. As a result, revenue is expected to fall short of the budget by approximately $2,500,000.00. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by the Board. FISCAL IMPACT: Amount of funds to be transferred from Solid Waste Disposal Fund 470 to Solid Waste Capital Fund will be reduced by $2,500,000. GROWTH MANAGEMENT IMPACT: There is no growth management impact as a result of this recommendation. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve a budget amendment for $2,500,000 to reduce the amount of transfer from the Solid Waste Disposal Fund to the Solid Waste Capital Fund Prepared by: Jon Ogle, Operations Manager, Public Utilities-Solid Waste Department BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#.. JE#,. BAR#.. A.P.H.Date.. 474 Fund Number Solid Waste Capital Fund Description Date Prepared: Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Solid Waste Capital Construct Recy & Haz Collection Fd Ctr No.: 173415 WBS No.: 590031 (Provide the Fund Center or WBS clement information; it is not required to provide both. Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 173415 590031 763100 Improvements (2,500,000.00) 4,939,672.00 2,439,672.00 Net Change to Budget (2,500,000.00) Fund Center Title: WBS Element Title: Expense Budget Detail Fd CtrNo.: WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description I (Decrease) Budl!et Budget Net Change to Budget Fund Center Title: WBS Element Title: Expense Budget Detail Fd Ctr No.: WBS No.: (Provide the Fund Center or WBS element information; it is not r~ired to rovidc both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget Net Change to Budget Revenue Budget Detail Fund Center Title: Interfund Transfers WBS Element Title: Interfund Transfers (Pd h F de WBS 1 D dd b h) FdCtrNo.: 929010 WBS No.: 994742 rav! e I e un enter or e emcnt In ormatIon; It IS not requlre to raV1 e ot . Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 929010 994742 481470 Transfer from 470 (2,500,000.00) 2,965,900.00 465,000.00 Net Change to Budget (2,500,000.00) EXPLANATION Why are funds needed? Funds are needed to match the inter-fund transfer to the revenue. Where are funds available? Funds are available in the same fund, different cost center. REVIEW PROCESS DATE J Cost Center Director: Division Administrator: Budeet Department: Aeency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#.. .IE#.. BAR#.. A.P,H. Datc.. 470 Fund Number Solid Waste Disposal Fund Description Date Prepared: Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Interfund Transfer FdCtrNo.: 929010 WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both. Fund WBS Commit Commitment Item Increase Current Revised C en ter Element Item Description (Decrease) Bud~et Bud~et 929010 914740 Transfer to 474 (2,500,000.00) 2,965,900.00 465,900 Net Change to Budget (2,500,000.00) Fund Center Title: WBS Element Title: Expense Budget Detail Fd Ctr No.: WBS No.: (Provide the Fund Centcr or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised C en ter Element Item Description I (Decrease) Budget Budget Net Change to Budget Fund Center Title: WBS Element Title: Expense Budget Detail FdCtrNo.: WBS No.: (Provide the Fund Center or WBS elemcnt information; it is not required to provide both.l Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget Net Change to Budget Fund Center Title: WBS Element Title: Revenue Budget Detail Naples Landfill Fd Ctr No.: 173431 WBS No.: (Provide the Fund Center or WBS element information; it is not r~ired to rovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Bullget 173431 343450 Solid Waste Naples (2,500,000.00) 18,740,000.00 16,240,000.00 Net Change to Budget (2,500.000.00) EXPLANA TION Why are funds needed? Funds are needed to match the inter-fund transfer to the revenue. Where are funds available? Funds are available in the same fund, different cost center. REVIEW PROCESS DATE J Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: Item Number: Item Summary: Meeting Date: Page I of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F To approve a budget amendmen1 for $2,500.00000 to reduce the amount of transfer 1rom the Solid Was1e Operating Fund 10 the Solid Waste Capital Fund. 8/14/2007 9:00:00 AM Prepared By Jon Ogle Community Redevelopment Agency Project Manager Date BayshorcwGateway Redevelopment 818120078:53:59 AM Approved By Thomas Wi des Public Utilities Operations Director Date Public Utilities Operations 8181200712:51 PM Approved By Jon Ogle Community Redevelopment. Agency Project Manager Date Bayshore-Gateway Redevelopment 8/812007 1 :20 PM Approved By James W. DeLany Public Utilities Public Utilities Administrator Date Public Utilities Administration 8/8120072:55 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 819/20077:58 AM Approved By Randy Greenwald County Manager's Office Management/Budget Analyst Date Office of Management & Budget 819120079:15 AM http://bccagenda/lntranetl attachmentvi ewer .aspx? attachmentid=-l &i temi d=9794 8/14/2007 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and Cheriee Moore (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at East 75' of the West 180' of Tract 66, Unit 42, Golden Gate Estates. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Marco Bay Homes, LLC and Cheriee Moore for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for developers who are building qualified affordable housing and will sell the units to an income qualified applicant. Pursuant to this program, an application for deferment was submitted by Marco Bay Homes, LLC and Cheriee Moore, which application, after staff review, was determined to qualify for the program. The property is located at East 75' of the West 180' of Tract 66, Unit 42, Golden Gate Estates. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to. enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval ofthis document by the County Manager is subject to formal ratification by the Board of County Commissioners. [fthe decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: This agreement defers $19,273.98 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Marco Bay Homes, LLC and Cheriee Moore for property located at East 75' of the West 180' of Tract 66, Unit 42, Golden Gate Estates. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services - Returllto I<'ullkRaulliey Housing & Human Services 3301 E. Tamiami Trail NllpJes,FL34112 Filc# 07-I02-IF This space f(lrrecording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS .,,/yVl This Agreement is entered into this L.Y day of June, 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC (BUILDER) and Cheriee Moore (DEVELOPER), 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 !lA." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), lmlcss the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Two Hundred Seventy Three and 98/100 Dollars ($19.273.98). 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 unites). 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 from. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER 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 DEVELOPER, a delinquency fee equal to ten percent (l0%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance. or bring a civil action to enforce this Agreement, or Page 1 of2 declare that the deferred impact fees are then in default and immediately due and paY;;lble. 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 maximwn statutory rate for judgments calculated on a calendar day 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 DEVELOPER'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 \VHEREOF, 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: By: , Deputy Clerk JAMES COLETTA, Chairman Witnesses: .!(k~ CA. Pnnt Name ;(.,)8 '" '); A g;:J/2cl: . (Ii/; !;-"--'~:)lt~ .,iA,~ IC. PrrntiName/.k{t' ", '~i; !-tt-il'4 C \ BUILDER, Marco Bay Homes, LLC BF:::,"",_ C.:.s,L.i, _>,,<.,k~_ Print'N'ame: Don W'ojciechowski Title: STATE OF FLORIDA COUNTY OF COLLIER '--' '~J' "T': Tge foreg<:~~g i.~s~run;el)t. .was ackno~ledged before me this-.B~ day of L. ,f ~( , 2007, by ytt-\ (i.'-i.d ll'[' Je, \ /',- it Gc~..l;;.I, ~(~.l1.('6'1 . _ f?r Marco.,Bay. Ho~es ~LC., who IS personally kno\vl1 to me or has produced ---::1.. i ~ Ii Ii; . ,.;r,z.J.. I', c, (d'(ol';.c(as IdentlficatlOn. '~i'H "', \ (' I t1:uC/~'1 ,_ JSlgpature of Notary Public) " \ "; , i" " !",,_~ ,--::;,c-!. I ,', II e V\; C' (, Ic'l,\ (Print Name of Notary Public) [NOTARIAL SEAL] t-:J',: ~~1:/ NOlaI\' Public Srate of Florida DlaneAWoolen My CommlSsicn DD559i'D9 EXplf<ls06l04I2Q1G "\Vitnesses: DEVELOPER, Cheriee Moore '-ill ~;2oJ'dCL' Pril t Name H A~ AL 'f (<--OLOA!'...) [~ Print ame c; ;e. 'f ' fUUda) By (J~I.U.J7n(J7)'<"p Print Name: Cheriee Moore Title: STATE OF r: I ~ (, do. COUNTY OF O'VtnC~f/ TIle foregoing i strument was acknowledged before me this /?,.Z day of \ \un:' ,2007, by t \\ (- y"\'{ -t V ~:../ / 1 as t.. for Chcriee Moore, who is personally known to me or has produced r ' - ,J' _ O~ '=It as idcntificati n.,. W6CQ.,=-'] '&;;>''/--0 I ~'P&\. r~t . "'~.J NoteryPublicStai"Oij:lorida YesenlaReyel My Commi6eiOn 004SQAtl8 E~pire51111312009 [NOTARIAL SEAL] Page 2 of2 Ap leg' Recommend approval: , ;(/,.,--'''y''......-c''''J\L ,/I( ,; ,.1./ Matcy Krumbine; r>irector of Housing & Human Services Page3 of 2 EXHIBIT "A" LEGAL DESCRIPTION The East 75' of the West 180' of Tract 66, Unit 42 Golden Gate Estates, according to the Plat thereof as recorded in Plat Book 7, Page 27, of the Public Records of Collier County, Florida. EXHIBIT I'B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed 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. Govenunent Buildings Impact Fee I. Law Enforcement Impact Fee $100.59 $112.68 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 TOTAL IMPACT FEES $19,273.98 fAK Approved_'_I_ -- RcturulO lirankRamny Hou5ing & Humall Services 3301 E. Tamiam! Trail Naples, FLJ4112 File# 07-102-IF ThisspacefQrrecordillg LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS V) This Agreement is entered into this -2 s:r day of June, 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC. (BUILDER) and Cheriee Moore (DEVELOPER), 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen 'Olousand Two Hundred Seventy Three and 981100 Dollars ($19.273.98). 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 unites). 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 from. 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 shaIl record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured v.rithin 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page 1 of2 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 day 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 DEVELOPER'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 \\Titten. Attest DWIGHT e. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, Chairman , Deputy Clerk Witnesses: .f ~;C-~ CA. prmt_~,~e. /cv8 '-~? A Z..- ~h'<.- _ rJ/2d_.. (, '" It) /f .,~ ,~<,~ I.,' <ee . 'l\_ PriID Name'- .t- t l c:: -,;"l. I. t:_ BUILDER, Marco Bay Homes, LLC STATE OF FLORIDA COUNTY OF COLLIER., - /J-" ~11 Tge fOlre~~~ng i.n,strun;ept. was ackno:;ledged ,before me this;;{..."\ day of_ L:A { ,2007, by J~\ (ii.L~l ~LTJ(:'I ~ll! l)'.r-as_.I--;- ~.,t--ilO.(t '(, _. ~?r ~ar_c~" ~ay. Hon:es ~LC., who lS personally knmvn to me or has produced .1--1 ~ )) ( . i, . ~Xc"cA l~J() ld\~~L\fl.s Ident1ficanon. [NOTARIAL SEAL] '~--=,i'\A l.. \ ( Il>IiTr'/""l , ' ~lature of Notary Publjc) ~ . 1'1. "I . I"~ .--:.>' <'i Ii '.c:. L'\) be" c[ '\ (Print Name of Notary Public) BY","', __ c.SL~._:':;~ PrintN\une: Don V/ojciechowski Title:;4::' "'.>" /-:1',: .,.~;: ~Qff\.c+' NO\arv PUlllic Stale of Florida DianeAWOOlen My Commissi(Jn OD559709 Explr~s06/04i201C' Witnesses: DEVELOPER, Cheriee Moore '-tY)~~ ~dClJ, Pril tName HAC,Al Y ICCLDA".O E:~ Print ame C;; /l- Y I" /UUdq) ('1/ nA By: W1.0!.UJl I n{J7)'J' Print Name: Cheriee Moore Title: STArE OF p"/rJr>diA COUNTY OF 0, tA nG)/, . TIle foregoing, instrument was a' nowledged before me this [2,2 day of \ \.LfX" , 2007, by'" It.~ (\-t t /Jt;Jf <. as ~;.t l for Cheriee Moore, who is personally known to me or has produced r r J.,_ ./. O:'!S<2/ as identificati J..IGCO-'02-'1 '(.,2,,,"'0 ~'i\, '-..~) NotaryPublicSlaWOi':lonGa YeseniaRe~lI$ M~ commission D04SS$t15 Ellpires11113120C9 [NOTARIAL SEAL1 Page 2 of2 Ap ov leg , . s ~nd lC y: '(\ Jeffre A., 1atzkow Mana' ing, :r--ssistant County Attorney Recommend approval: \ .J {_v'-'v'l )" -" Ma~cy Krumbine; . ir~~tor 'of Housing & Human Services Page 301'2 EXHIBIT "A" LEGAL DESCRIPTION The East 75' of the West 180' of Tract 66, Unit 42 Golden Gate Estates, according to the Plat thereof as recorded in Plat Book 7, Page 27, 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 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 1. Law Enforcement Impact Fee $100.59 $112.68 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $19,273.98 TOTAL IMPACT FEES JAKApproved_I_/_ Page I of I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes. LLC (BUILDER) and Cheriee Moore (DEVELOPER) lor deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at East 75 of the West 180 of Tract 66, Uni142. Golden Gate Estates. Meeting Date: 8/14/2007 9:00:00 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 713120072:41 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7125/2007 10:47 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7127/20078:09 AM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 7/271200710:27 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/30/2007 3:29 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 813/20074:50 PM http://bccagendalI ntranetl attachmentvi ewer .aspx? attachmentid=-I &i temid =9546 8/14/2007 ._--_._--. .--""'.-------.- EXECUTIVE SUMMARY Recommendation to award Work Order No. WJV-FT-3971-07-13 under Contract No. 06-3971, "Annual Contract for General Contractors Services", to William J. Varian Construction Co. for the construction of the Backup Data Center, in the amount of $199,149.00. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Work Order WJV-FT-3971-07-13 to William J. Varian Construction Co. for the construction of the Backup Data Center in the amount of $199,149.00. CONSIDERATIONS: The Backup Data Center is needed to house primary and backup mission critical systems associated with County operations in the event of a Hurricane or Pandemic that renders the Primary Data Center unavailable. This Data Center will be located at the South Water Plant. On April 14, 2007, Requests for Quotations were distributed to the four (4) General Contractors on the "Annual County Contract for General Contractors Services" (No. 06-3971). On April 19, 2007 a pre-quote meeting was held at Facilities Management Dept. Two (2) of the four (4) firms were represented. On May 24, 2007, three (3) quotes and one (1) no-quote were received and opened in response to the request for construction of a Backup Data Center. The responses were as follows: Wm. J. Varian PBS The Chris Tel Company Lodge Construction $199,149.00 $ 213,451.00 $ 99,145.00 No quote Although The Chris Tel Company is the apparent low quote, its quote was rejected as non responsive since the quote did not include required air conditioning systems. William J. Varian Construction Co. is the lowest quote and staff recommends award of work order WJV-FT-3971- 07-13 to that firm. Staff also recommends that the BCC authorize William J. Varian Construction Co. to exceed the $500,000 annual contract limit in order to complete this project in a timely manner. FISCAL IMPACT: This project was anticipated and approved by the Board as part of the budget submission. (Fund 301-121153-764900-500511) "Hurricane & Pandemic Mitigation" GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the Work Order # WJV-FT-3971-07-13 to William J. Varian Construction Co. for the construction of the Backup Data Center, authorizes William J. Varian Construction Co., to exceed the $500,000 annual contract limit and authorizes the County Manager or his designee to sign the Work Order after review and approval by the County Attorney's Office and approve the necessary budget amendment. PREPARED BY: Robert Fuentes, Project Manager, Department of Facilities Management -~_._._._.- .-. -----_._~._" WORK ORDER # WVJ-FT-3971-07-13 llGeneral Contractorls Services" Contract #06-3971, dated September 12, 2006 This Work Order is for General Contracting Services, subject to the terms and condi tions of the Contract referenced above, for Work known as: Construction of the Backup Data Center located on the 2nd floor of the Collier County Utilities Operations Center South Water Treatment Plant. PROJECT: The work is specified in the proposal dated May 24, 2007, from William J. Varian Construction Co., which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #WVJ-FT- 3971-07-13 is assigned to William J. Varian Construction Co. Scope: Contractor to provide labor and materials for the construction of the Backup Data Center as per Architectural drawings from Victor Latavish AlA dated February 28, 2007. Schedule of Work: Complete within 60 days after Permit is issued. Compensation: In accordance with Item 3 of County will compensate the Firm in accordance lump sum amount provided in the schedule below. the Agreement, the with the negotiated Base Bid: Alternate #1: Total Lump Sum $74,709.00 $124,440.00 $199,149.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. Prepared By: Robert Fuentes, Project Manager Facilities Management Department Date Work Order #WVJ-FT-3971-07-13 Page 2 Approved By: Skip Camp CFM, Director Facilities Management Department Date Date William J. Varian Construction Co. ATTEST: (Corporate Secretary) By: Signature By: Typed Name and Title (or) witnesses (2) (1) (2) Signature Signature (Print Name) (Print Name) Approved as to Form and Legal Sufficiency: Tom Palmer Assistant County Attorney Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Recommendation to award Work Order No. WJV.FT.3971.07.13 under Contract No. 06. 3971. Annual Contract for General Contractors Services. to William J. Varian Construction Co. for the construction of the Backup Data Center. in the amount of $199,149.00. 8/14/20079:00:00 AM Meeting Date: Prepared By Robert Fuentes Project Manager Date Administrative Services Facilities Management 8/6/200712:02:19 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 8/6/200712:14 PM Approved By Steve Carnell Purchasing/General Sves Director Date Administrattve Services Purchasing 8/7/20078:06 AM Approved By Steve Carnell Purchasing/General Slies Director Purchasing Date Administrative Services 8/7/20078:06 AM Approved By Lyn Wood Purchasing Agent Purchasing Date Administrative Services 8/7/20074:33 PM Approved By Michael Berrios Network Operations Manager Information Technology Date Administrative Services 8/7/20075:23 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 8/8/20078:50 AM http://bccagenda/I ntranet! attachmentviewer. aspx ?attachmentid=-1 &i temid =9779 8/14/2007 EXECUTIVE SUMMARY Recommendation that the Collier County Board of County Commissioners approve a budget amendment in the amount of $76,105.51 to fund the increased cost of construction for Taxiway "C" at the Immokalee Regional Airport OBJECTIVE: That the Collier County Board of County Commissioners approve a budget amendment in the amount $76,105.51 to fund the increased cost of construction for Taxiway "c" at the Immokalee Regional Airport. CONSIDERATIONS: The original amount of funds available for the construction of Taxiway "C" at the Immokalee Regional Airport was $795,954. The increased amount needed is $188,611.51. The County's match portion of the additional funds needed is $76,105.51. The Federal Aviation Administration and Florida Department of Transportation are participating in funding the remainder. Funding for the $76,105.51 is available from reserves in Fund 497. FISCAL IMPACT: A budget amendment is needed to increase the Immokalee Regional Airport Taxiway "C" project and reduce reserves by $76,105.51 in the Collier County Airport Authority Capital Fund 497. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDA TION: That the Collier County Board of County Commissioners approve a budget amendment in the amount of $76,105.51 to fund construction of Taxiway "c" at the Immokalee Regional Airport. Prepared by Debbie Brueggeman, Collier County Airport Authority BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#.. JE#.. BAR#.. A.P.H. Dale.. 497 Fund Number Airport Commercial Paper A-8 Fund Description Date Prepared: 8/3107 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detall Imm Airport Grants Com Pr Immokalee Taxiway C Construction Fd Ctr No.: 192343 WBS No.: 460262 (Provide the Fund Center or WBS element inlormation; it is not required to provide both. Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 192343 460262 763100 Improvements General 76,105.51 867,460.00 943,565.51 Net Change to Budget 76,105.51 Fund Center Title: WBS Element Title: Expense Budget Detall Reserves - Board Fund 497 Reserves Fd Ctr No.: 919010 WBS No.: 994971 (Provide the Fund Center or WAS element information; it is not reauired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budl!et 919010 994971 991000 Reserve for Contingencles (76,105.51) 425,500.00 349,394.49 Net Change to Budget (76,105.51) Fund Center Title: WBS Element Title: Revenue Budget Detall Interfund Transfer BCC Fund 497 Reserves/Transfers Fd Ctr No.: 929010 WBS No.: 460263 (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 929010 994972 481001 Transfer from General (76,105.51) 537,500.00 461,394.49 Fund Net Change to Budget (76,105.51) Revenue Budget Detall Fund Center Title: lmm Airport Grants Com Pr WBS Element Title: lmmokalee Taxiway C Construction d d AS I . ~ d'd b h) Fd Ctr No.: 192343 WBS No.: 460263 (PraVl e the Fun Center or W e ement In ormatIOn; It IS not reqUIre to prav! e 01 . Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud!!et Budget 192343 460263 481001 Transfer from General 76,105.51 0 76,105.51 Fund Net Change to Budget 76,105.51 EXPLANATION Why are funds needed? Funds are needed to fund the increased cost of constructing Taxiway "c" at the Immokalee Regional Airport. Where are funds avallable? Funds are avallable from The Colller County Airport Authority Capital Fund (497) - Reserve for Contingencies. REVIEW PROCESS DATE I Cost Center Director: Division Administrator: Bud!!et Department: ~ency Mana!!er: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Recommendation that the Collier County Board of County Commissioners approve a budget amendment in the amount of $76.1 05.51 10 fund the increased cost of construction for Taxiway C at the Immokalee Regional Airport Meeting Date: 8/14/20079:00:00 AM Prepared By Debra Brueggeman Administrative Assistant Date County Manager's Office Airport Authority 8/6/20079:09:05 AM Approved By Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 8/6/20074:20 PM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 8/7/20077:33 AM http://bccagenda/lntranetl attachmentvi ewer .aspx? attachmentid=-1 &itemid =9752 8/1412007 '--- --'--""-"--'--.-- EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mlldania Hinojosa (Owner) for deferral of 100% of CoIlier County impact fees for an owner-occupied affordable housing unlt located at Lot 73, Independence Phase II. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Mildania Hinojosa for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Mildania Hinojosa, which application, after staffreview, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Independence Phase 11 subdivision, Immokalee. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: This agreement defers $7,169.99 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Mildania Hinojosa located at Lot 73, Independence Phase II, Immokalee. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Rehlrntl;l Frank Ramsey CoWer C"untv HHS 3J(l1E.T~iTrail NlIpleS, FIoridll 34112 File# 07-056-IF This sp.ll.ee forr<<IIrding LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this c9"8 day of June, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Mildania Hinojosa" (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 Seven Thousand One Hundred Sixtv Nine and 99/100 Dollars ($7.169.99), 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 Wlder 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, 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 maximlUll 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 \Vritten. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Witnesses: ~Wo.~ Print Name fY\o, ad, OWNER: Witnesses: ~ ~tYl ~~ .cc""L-. Print ~ame Mf. . ~ 11)"".u~ STATE OF FLORIDA) COUNTY OF COLLIER) The for~going .Agr~elJ1rnt was acknowledged befor. e me thi~. __ day dr-) , ,_".0 _' ~ , 1~..-J,tL EL..",...o 't{.Y)fF.-.-' who is~p~(s.Q!1_@y~^ kno~:!Lto me ~p;;;ctuced (J as proof of identity. /) ../j n/ . / IJ If S gnat e of Person Taking Acknowledgment [NOTARIAL SEAL] 2007, ,'" VlRGINIACANTU ~~ MYCOMMISSIONIIDOS944-25 ~ EXPl.R:fS,SeptcnD:rI2.20IO 1~AJ.yfLJ-,.DioooooI""""Co. a t form atzkow sistant County Attorney oval: .C -" fey Krumbine, MP A Director Collier County Housing and Human Services EXHIBIT "A" LEGAL DESCRIPTION Lot 73, Independence, Phase D, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, of the Public Records of Collier County, Florida. EXHffiIT "8" UWPACTFEEBREAKDOWN Type ofImpact Fee Amount Owed 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 TOTAL IMPACT FEES $93.00 $117.98 $204.85 $632.43 $631.40 $1,778.00 $3,471.00 $159.98 $81.35 $7,169.99 JAKApprov6<l_f_l_ Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with MHdania Hinojosa (Owner) for deferral of 100% of Collier County impact fees for an owner~occupied affordable housing unit located at Lot 73. Jndependence Phase II. Meeting Date: 8/14/20079:00:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 7/20/20078:10:47 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 7/24/20077:32 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/25/2007 11 :04 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/27/20078:11 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 7/27/200710:34 AM Approved By Susan Usher SenIor Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/30/2007 1 :51 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/4/20079:02 AM http://bccagenda/lntranetJattachmentviewer.aspx?attachmentid=_1 &itemid=9677 8/14/2007 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Elsa Luevano (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 143, Independence Phase II. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Elsa Luevano for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Elsa Luevano, which application, after staff review, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Independence Phase 1I subdivision, Immokalee. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed othelWise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. Ifthe decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: This agreement defers $19,274.83 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Elsa Luevano located at Lot 143, Independence Phase II, Immokalee. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Return to Frank Ram~y Collier County HHS 3301 E. Tamiand Tndl Naples, Florida 34HZ File# 07-108-IF ThillplU:efor~ording 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 June, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Elsa Luevano" (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 tenns of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The tenn of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shalt 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 Nineteen Thousand Two Hundred Seventv Four and 83/100 Dollars 1$19,274.83). 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 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 maximwn 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: By: JAMESCOLETTA,CHAIR1tAN , Deputy Clerk Witnesses: '-fl'l('-A~ ~ Print Name m~r -I-n,,- p.. \1IO.rw:L" OWNER ~ ~Q.C , ~evano <1_, ./ OWNER: '"':j:;---- STATE OFFLORlDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me thiso1i-h{ day of G, 1 ~ () , by c"" ~ "" if <.HAl <1...".Q . wbo is perso~.!!y known to. me otf'has produced )lS..proof of identity. ; \ /'! }/ / p' ; / ! /;,. / -L-- II !~.., ___ ~4L. s'ignat e of Person. mg Acknowledgment [NOTARIAL SEAL $I" VIRGINIA CANfU ~ MYCOMMlSSIOllSDOS~2S ~ EXPlRES:~12.2010 l~""l' fl.Noloo)'~'-'Co. 2007, o fonn ency: Recommend Appr Jeff A. K tzkow Man ging A istant County Attorney Ie A ...p EXHIBIT "A" LEGAL DESCRIPTION Lot 143, Independence, Phase il, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, of the Public Records of Collier County, Florida. EXHffiIT "B" ~PACTFEEBREAKDOWN Type ofIm paet Fee Amount Owed A. EMS Impact Pee B. Correctional Facilities Impact Fee C Library Impact Pee 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 $100.59 $113.53 $46023 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $19,274.83 JAKApproved_I_I_ Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation that the Board of County Commissioners approves. and authorizes the Chairman to sign, a lien anreement with Elsa Luevano (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 143, Independence Phase II. 8/14/20079:00:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 7/20/20078:15:14 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 7/24/20077:38 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/25/200711:14AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/27/20078:13 AM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/27/200712:57 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/30/2007 1:44 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/4/20079:20 AM http://bccagenda/Intranet/ attachmentviewer. aspx ?attachmenti d=-1 &i temid=96 79 8/14/2007 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Joseph and Marie Joseph (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 139, Independence Phase II. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Jean Joseph and Marie Joseph for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Jean Joseph and Marie Joseph, which application, after staff review, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Independence Phase II subdivision, Immokalee. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval ofthis document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: This agreement defers $19,274.83 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Co llier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Jean Joseph and Marie Joseph located at Lot 139, Independence Phase II, Immokalee. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Return 10 Frank Ranney Collkr County HIlS ]]01 E. Tamiaml Trail Nllples, Floridll]4112 File# 07-109-IF Thb'pace 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 June, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jean Joseph and Marie Joseph" (OWNER), collectively slated 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 teIIDs of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A" 3. The tenn 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 Nineteen Thousand Two Hundred Seventy Four and 83/100 Dollars ($19.274.83). 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 Vl-ithin 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, 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 O\VNER'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 Mitten. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: JAMES COLETTA, CHAIRMAN , Deputy Cterk OWNER: Witnesses: _ ~ c.fnW:A.. .AJJ0~ Print Name.1:io.("""" II \vart4!k, .Jeon .lL~n'<'h}" Jean Joseph I . ~' Witgesses:" , dt-~^ ~ ~(:2' OWNER: f~~,jJ'~-) Marie Joseph ?' /~ /!;.;.J {.r;;'}' ~) '-" .:. ~ STATE OF FLORIDA) COUNTY OF COLLIER) 2007. ~..., greement :was\ acknow,ledge.d before me thi&2!ji4 day ot\ ~{....Ly...JL.. , i 0 I personally known to me oul has produced ( proof of identity. - ignat\)re o[Person Taking Acknowledgment i~/ A Reco7Fend Appro~al: /l~' I. oJl, -1:' . Marcy Krumbine:"jpA Director Collier County Housing and Human Services Je A. Man ging A EXHmIT"A" LEGAL DESCRIPTION Lot 139, Independence, Phase II, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, of tbe Public Records of Collier County, Florida. EXHmIT '~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 Amount Owed $100.59 $II3.53 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 TOTAL IMPACT FEES $19,274.83 JAKApprovcd-l_I_ Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: RecommendatIon that the Board of County Commissioners approves, and authorizes the Chairman to sign. a lien agreement with Jean Joseph and Marie Joseph (Owners) for deferral of i0Qo;;} of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 139. Independence Phase II. 8/14/2007 9:00:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 7/20/20078:17:23 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 7/24/20077:39 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/25/20072:21 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/27/20078:13 AM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/27/200712:58 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/30/200712:51 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/4/20079:23 AM http://bccagenda/lntranet/ attachmentvi ewer. aspx? attachmentid=-1 &i temid=96 80 8/14/2007 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie Saint-Hilaire and Loundy Saint-Hilaire (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 130, Independence Phase II. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Marie Saint-Hilaire and Loundy Saint- Hilaire for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Marie Saint-Hilaire and Loundy Saint- Hilaire, which application, after staff review, was determined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Independence Phase II subdivision, Immokalee. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval ofthis document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: This agreement defers $10,177.64 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Marie Saint-Hilaire and Loundy Saint- Hilaire located at Lot 130, Independence Phase II, Immokalee. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Return to FrllllkRarnsey Collier County HIlS 3301 E. Tambuni Trail Naples, FlorHIaJ4112 File# 07-114-IF This space ror 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 d9- day of June, 2007, between Collier County, a political subdivision of the State ofFlorida (COUNTY) and "Marie Saint.Hilaire and Loundy Saint. Hilaire" (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, knovro 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 tenn 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 Ten Thousand One Hundred Seventv Seven and 64/100 Dollars ($10177.64). 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 O'Mler, 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, 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 IATitten. Attest: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA, By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN OWNER: Witnesses: ~ '-01~ Print Name mC>.r~ 8J v'a.ro.d., t,I/~;l/:-';,~:'~ >-: f~:,~,.-(.,-.;;:' Mane Samt-HilaIre ." W'\TIesses /)-1_ , -. ( " 1/. ~Vt^A ~ "-~ d ri ame IJ';';'" n~ STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: /) I; -r 'v, '//f0 ,,,,'/ '/ If "I \~' /,/:1./0'0" ,../..,~ .~v~.~:; 'i Loundy Saint-Hilaire , ~. '>:/)Z;~-'>," T 2007, by foreg~ing,1\weeme~_was ac.lcntwledged before me this;2-? day of ,,-) {U I ,(~ , _ f:A l-k/1J..-(.. ,--;. )f {j.-t;d~ "'i.Whlit~ per~QI!;!_liY known to me or has produced _ .' as proof of identity. / [N ;/(, ,/ \-'-_"~/>' .v::/<{<- :-''.' I, ~]....._k:>_c~ ~.~.c,~.z_ v,-_.~<"c^----- Si~ljluie o[Person Taking Acko.u.vledgment ,..,~~"~] . J, _ ~~ ..? ~mbine, Director Collier County Housing and Hwnan Services EXHIBIT "'A" LEGAL DESCRIPTION Lot 130, Independence, Phase il, according to tbe 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 ofImpact Fee Amount Owed 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 f. Law Enforcement Impact Fee TOTAL IMPACT FEES $100.59 $113.53 $460.23 $935.00 $2,068.00 $1.77800 $4,489.00 $150.24 $83.05 $10,177,64 JAKApprovod_I_I_ Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie Saint-Hilaire and Loundy Saint-Hilaire (Owm:rs) for deferral of 1 OO(Vo of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 130, Independence Phase II. 8/14/20079:0000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 7/20/20078:21 :37 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 7/2412007 7:48 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/25/2007 1 :58 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/27/20078:15 AM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/27/200712:59 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/30/200712:46 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/4/200710:08 AM http://bccagenda/lntranet/ attachm entvi ewer .aspx? attachmentid =-1 &i temid =9682 8/14/2007 EXECUTIVE SUMMARY Recommend Approval of Brochure Distribution Contract with Florida Suncoast Tourism Promotions, Inc. in the amount of $4,800. OBJECTIVE: Approve contract for tourism brochure distribution with Florida Suncoast Tourism Promotions, Inc. CONSIDERATIONS: We distribute our tourism brochures in racks on the east coast of Florida through a rack service. Our contract expired with Florida Suncoast in January, 2007, and we have been trying to get a contract in place with them since then. We now have the attached agreement ready for approval. Suncoast has been distributing our brochures without a contract, and so we owe them for distribution services retroactive to January 1,2007. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. ADVISORY COMMITTEE RECOMMENDATIONS: Distribution of brochures is a part of our approved tourism budget and plan and so approval of this contract by the TDC is not necessary. COUNTY ATTORNEY FINDING: The Board of County Commissioners may ratify the payment for services received and approve the proposed contract. FISCAL IMPACT: The $4,800 cost for this service is a part of the FY 07 Tourism Department budget in fund 184. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Ratify the payment of$2800.00 for services received and approve the contract with Florida Suncoast Tourism Promotion, Inc. for tourism brochure distribution in the amount of $4,800, retroactive to January I, 2007. PREPARED BY: Jack Wert, Tourism Director @;. p.1 . , FLORIDA SUNCOAST TOURISM PROMOTlO~INC. 10750 -75th Street, Largo, FL 33777 -1422 PH (727) 544.1212 FAX (727) 545-2528 ~ ,cl. BROCHURE DISTRIBUTIO~ CONTRACT ~ ff:;..~ eCowJ~t.L- W/M fiv..'~ .';.11, ib lis. FOR THE SUM OF UOO.OO FER MONTH. PAID QUARTERLY IN .I!i\'..IIIe, FLORIDA SUNCOA8T TOURISM PROUOnOIl8, INC. (HEREIHAFTeR REFERRED TO AS 'FSTP") AGREES TO OISTRISUTE ONE BROCHURE(S) FOR N.,..1...l:.8 _Jl~S .ALANB S..SA_LABlnl 8~""..I!N"1IUU ... _.~II~"'a I!UtJlIfAtt re8Lur:. MYIJ'FI.l ~ HEREIIW'TER REFERRED TO AS 'CLENT'). FSTP AGREES TO REGULARLY DISTRIBUTE BROCffiJRES PROVIDED BY THE CUENT. THE PERIOD OF THIS CO/I/TRACT IS _I!LVI! MONTHS BEClINNING JANlJAR'I' 1 2007. 1t HS eelft'l'L'oe'I" /6 i MRe"".i'I8A"~.~ fllBJ&WEB Fe" MJS8E11V1i1 TI 11'11 Ulfffill FEflll18 :RIA 'IIi Ft"'....TiRM 'WI J1.III '."IIal.. IN WblTaln DV ewufq I!U Arf 'A III tg~A:'Il" gr 10 91NIlltJQ eN 1=1 ~ &1.I[J!<<. 1.8 IElAS. Malsr 18 8A 8tf88MlIs"a. ." tl! iIr~;:;:;;~~~:;:~~~~~~~.::: r' IffUII!III18W1I!. _JlIeIIIIPlIIII'M. fJ....,....e.ItR'FlMl'8.re.1J\l8l!.1Jt.1&IiII1RHf1f ATNJ.1Hlt..1i.MrPeOl latt.5ll~'Im"AlI" WERESSWE.lN R1IIHTTO~IttIc:tWTMCTWIlHAc:aNI.TMIl\.Y POORM__LPON:IOlIo\YSWllIlTEll NC7I1CE~D RElIeUo -n.e_lSlI1GlPHle IS! V<<1llOIf AJfmeUwam,,,ITY1OCCIVu:G.. J_AdL&UIUJ JI1I1nl" ..~.mJJ.lltrllll_1 I JlI..lJTfL.. HlI1l1.IIJW.......Vll ~~~~~~~~-'~~~~~ CuetT INlEAIITANIlS AND MlREESlltAT FIITP HAl THE RIllHT TO EllAIlINEFOR FORM ANDCDNTENT ~Y ~DALL.ADVamSIMl MATERIAUlSUIIMITTED FOR ~ DISTRIMlCNAT Alll'T1MI!, IICWDI/Ill, IIJTNClTLH1EI TO, THE UUlW.00NlR0ICT8llCCIillRES~DAU. 'l:lW<<lBllJT"BRllCI<<JRElI. Q.IEIIT P.JRTHERMIlEl!SAHI UIIIlfIlIITMOSTIlATmP twITItE RJBKTTOREf\J=1EoICT _TO NllT D.TRlBUIUIlV _AL.AlI'IERTIEER'S lWERIIIJllHATFIITP 1N1llI8OI.EDISCRETIlJ' BSJEM!STOHlETRlMEIIl'~INIoNYWAYTOIl8Ill18 ITIADWJm9ENORIl8DIIfIAV LOCATDl PIUl_ _IlHAU.IEIlEFNDAllIEP\JCEMEI CFOIEVER8lCllIDFABRDCt<<JR&rfANEW.lI'l>>omlO OTIEIlWEEIlIII'BlIM"_ANDlHAU.IlELMrEDTOTWO/llPERCll.INDARVEAR. ADDIl10NAL t ~CMR~D_TIIBIMT,W1u.lle PEPfORIIEIlIlltHPEDACCORDItO roClJllll!NT~TlI5PERROUTe_TIE_11SEIlll1lCOCllM". Tli ACC8'TNlCeCFIRDCt<<JRD MAYIlESUIlJECTTO_BYTHIi _ _AS NlIlIOREMPI.C'tIlESCFCERT".UlCAT1OIlSIlTHES8.E<mOAREAS. T_CF1IlIICCNlRo\CI"WIUoNOTIlEAFfl!CmlBYE/!II!RAIHORT-' N.iDlDjAlesiiPl.YOI' IIRCCIfIlllllBYCl&lT. OR _AIlCeo~IROCIiUIES A' _ LOCATlCM. AIlDmcIIIIl.Y, T1E~ClI'lIROCIIJRe DII1'LAV SlNUlli LOCATED II OOl_MAYV_FRCIoITM!TOTIoEANDwu.NllT AFFeCT,. . TEfIljSIlFTliISCCNI1lACT. SRDCllIlllllNllPIIDPERTYG' CUllNl MIJ AlENOTtl8lJRED SYFIITP FOR LOIlllOR DoWAGE. FSlPWlU. NllT BEtta.IllESPOIISllLEFO _"'" IoNYlloIM!IlEORLOIll OI'MOCllIREa,NOIlIoNYa.uNl_NlIllllU CLEN1'811ROCHURU, _RCCllIIENT, ORANYa.uNl MAlle_F. ........ Collier County may teminate this Contact with a thirty (30) day written notice. ~ THI: AIU!A TO" COVl!Rm. AI PQIJ"OWt ~ AAAnNTERSTATE B. PRICE REFlECTS A $4OCIMONTH PACKAGE DISCOUNT. TOTAL AMOUNT PAID ANNurn~ 14100.00 I ~. 8HIPFIHG INFO: SlIP BROCHURES PREPAID TO ABOVeADOAESS. PLEASe UARK THE FREIGHT BILL OF lADING: "FOR INBIOE 0 AV.' ~ HOI.OAl>>G DOCK AIIAllABLI.' 'NO IlEU'IERIES 12.1 PM EXCUT BY APPOINTUEH1".' NOTIIl 1111 THIl _18LlTY llfTHI ClJI!NTTO SUPPLY A I-.cmHT __ 0' B"OCHUIID TO areo" THlllll8PLAY "_ 'OR nE DURATIOII mr THII COJlITIlACl'. 'A1LUIIB 1000 IOIlOES NOT I!XCUIlITHE 'AYIIINTTMM' OPntE CONTIlACT. Collier County. Board of County Commissioners Naples Marco Isllllld Everglades Convention .it Visitors Bweau. (Collier County) Debi DeBenedetto 3050 North Horeshoe Dr. #218 Naples, FL 34104 Phone: (2.39) 403.2319 FAX: (239) 403.2404 Bmail: DeblDeBenedetto@<:oIIiergov.net ana..". SIGNED Dl'.TE TITLE purchasing/General Services Director 9- J... (;; 0. 4. 913012OO6 fLllRlOMIUlCOASlTO\JllSM_IIC'. OA"JE D.QKl !>tclLu, Prt'i.lJ..V,l- APPIJ::S to form t le~ency f{fi-c6tY Attorney COFf I .R1TP COPYI-CI./ENT Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Recommend Approval of Brochure Distribution Contract with Florida Suncoast Tourism Promotions, Inc. in the amount of $4,800. Meeting Date: 8/14/20079:00:00 AM Prepared By Jack Wert Tourism Director Date County Manager's Office Tourism 7/23/20074:07:43 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 7/24/20078:41 AM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 7/27/200710:10 AM Approved By Steve Carnell PurchasingfGeneral Svcs Director Date Administrative Services Purchasing 8/9/2007 11 :14 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/10/20072:14 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 8/13/20078:53 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/13/20074:32 PM http://bccagenda/lntranet! attachmentvi ewer .aspx? attachmentid=-1 &itemid =9704 8/14/2007 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment in the amount of $345,000, allowing a transfer of funds in the amount of $165,000 from the Collier County Water-Sewer Operating Fund (408) Reserve for Contingencles, $70,000 from Collections, $20,000 from Wastewater Administration, $35,000 from Irrigation Quality Maintenance, and $55,000 from Irrigation Quality Administration for unanticlpated operating expenses incurred by both the North County Water Reclamation Facility (NCWRF) and the South County Water Reclamation Facility (SCWRF). OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of Collier County Water-Sewer District approve a necessary budget amendment that will allow funds in the amount of $165,000 to be transferred from Reserve for Contingencies, $70,000 from Collections, $20,000 from Wastewater Administration, $35,000 from Irrigation Quality Maintenance, and $55,000 from Irrigation Quality Administration for unanticipated operating expenses incurred by the North and South Wastewater Treatment Plants. CONSIDERA nONS: Both of the Wastewater Treatment Plants require additional funds for unanticipated operating expenses for the remainder of Fiscal Year 2007. . The NCWRF requires an additional $140,000 for costs associated with chemicals and electricity. The cost of disinfection chemicals (sodium hypochlorite) escalated by 37% which increased this expense by $100,000. Fuel adjustment surcharges along with additional electric usage caused the increase of $40,000 in electricity charges. The increased usage is attributable to extended operations for two separate processes, the Modified Ludzak-Ettinger and ORBAL systems. Both processes were in operation for required process improvement testing and qualifying of system sustainability. . The SCWRF requires $205,000 for costs associated with electricity, residuals management (sludge hauling) and chemicals. Fuel adjustment surcharges have caused the increase of $45,000 in electricity costs. The cost of hauling and disposal of residuals surpassed the amount budgeted causing an increase of $29,000 for this expense. The cost of disinfection chemicals (sodium hypochlorite) rose by 37%. This increase, coupled with similar cost escalations for polymer and caustic soda, caused this expense to be $131,000 over budget. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $165,000 from the Collier County Water-Sewer Operating Fund (408) Reserve for Contingencies, $70,000 from Collections, $20,000 from Wastewater Administration, $35,000 from Irrigation Quality Maintenance, and $55,000 from Irrigation Quality administration for unanticipated operating expenses incurred by the NCWRF and SCWRF Cost Centers. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment in the amount of $345,000 for unanticipated operating expenses. PREPARED BY: Stephen H. Frates, Wastewater Operations Analyst BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#.. JE#, BAR#.. A.P.H. Date.. Fund Number 408 Fund Description County Water/Sewer Operating Date Prepared: 7/16/07 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: h Expense Budget Detail WWTP lmmokalee Rd Fd Ctr No.: 233312 WBS No.: (Provide I e Fund Center or WBS element In ormation; it IS not requIred to prov! e 01 . Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budget 233312 652310 Chemicals $100,000 $542,300 $642,300 233312 643100 Electricitv $40,000 $1,222,600 $1,262,600 " 'd b h) Net Change to Budget $140,000 Fund Center Title: WBS Element Title: Expense Budget Detail WWTP South County Fd Ctr No.: 233352 WBS No.: (Provide the Fund Center or was element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budl!et Budeet 233352 643100 Electricitv $45,000 $824,000 $869,000 233352 634999 Other Contr. Services $29,000 $1,001,000 $1,030,000 233352 652310 Chemicals $131,000 $280,000 $411,000 Net Change to Budget $205,000 Expense Budget Detail Fund Center Title: Reserves WBS Element Title: FdCtrNo.: 919010 WBS No.: (Provide the Fund Center or was element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Budget 919010 991000 Reserve for ($165,000) $3,650,600 $3,485,600 Contingencies Net Change to Budget ($165,000) Expense Budget Detail Fund Center Title: Collections WBS Element Title: Fd Ctr No.: 233351 WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud!!et Bud~et 233351 646980 Water Sewer Line ($35,000) $180,000 $145,000 Repair and Maintenance 233351 652490 Fuel and Lube ISF ($35,000) $202,700 167,700 Net Change to Budget ($70,000) Fund Center Title: WBS Element Title: Expense Budget Detail Irrigation Quality Maintenance Fd Ctr No.: 233313 WBS No.: (Provide the Fund Center or WBS element information; it is not required to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud!!et Bud!!et 233313 634999 Other Contractual ($35,000) $448,000 $413,000 Services Net Change to Budget ($35,000) Fund Center Title: WBS Element Title: Expense Budget Detail Administration FdCtrNo.: 210120 WBS No.: (Provide the Fund Center or WBS element information; it is not reauired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bndl'et Bud!!et 210120 634999 Other Contractual ($10,000) $33,500 $23,500 Services 210120 652920 Computer Software ($5,000) $8,400 $3,400 210120 654360 Other Training ($5,000) $10,700 $5,700 Education Net Change to Budget ($20,000) Fund Center Title: WBS Element Title: Expense Budget Detail Irrigation Quality Administration FdCtrNo.: 233314 WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et 233314 634999 Other Contractual ($50,000) $94,000 $44,000 Services 233314 652310 Chemicals ($5,000) $6,000 $1,000 Net Change to Budget ($55,000) EXPLANA nON Why are funds needed? Funds need to be transferred from Reserves to cover unanticipated expenditures. The NCWRF requires funds to cover the costs for electricity and chemicals. The SCWRF requires funds to cover costs in electricity, chemicals and other contractual services (residuals management). Where are funds available? Funds are available from Reserves for Contingencies, Collections, Irrigation Quality Maintenance, Administration, and Irrigation Quality Administration DATE I Cost Center Director: Division Administrator: Bud2et Department: A2ency Mana2er: Finance Denartment: Clerk of Board Admin.: InDut bv: B.A. No.: REVIEW PROCESS Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16F Recommendation to approve a Budget Amendment in the amount of $345.000, allowin[J a transfer of funds in the amount of $165,000 from the Collier County Water-Sewer Operatin[J Fund (408) Reserve for Contin[Jencies, $70.000 from Collections. $20.000 from Wastewater Administration, $35,000 from Irrigation Quality Maintenance, and $55,000 from Irrigation Quality Administration for unanticipated operating expenses incurred by both the North County Water Reclamation Facility (NCWRF) and the South County Water Reclamation Facility (SCWRF). 8/14/20079:00:00 AM Item Number: Item Summary: Prepared By Stephen Frates Operations Analyst Date Public Utilities Water 8/8/2007 11 :40:46 AM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 8/8/2007 11 :52 AM Approved By Joseph Bellone Operations Supervisor Date Public Utilities Public Utilities Operations 8/8/20073:51 PM Approved By Thomas Wi des Operations Director Date Public Utilities Public Utilities Operations 8/8/20073:53 PM Approved By James W. Delany Public Utilities Administrator Date Public Utilities Public Utilities Administration 8/8/2007 4:06 PM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/9/2007 8:00 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 8/9/20079:24 AM http://bccagendall ntranet/ attachmentviewer. aspx ?attachmentid=-1 &i temid=9798 8/14/2007 EXECUTIVE SUMMARY Recommendation to Approve a Blanket Purchase Order with Siemens Water Technologies for Maintenance and Repair of Odor Control Units at Both the North County Water Reclamation Facility and the South County Water Reclamation Facility, in the Amount of $ 129,980. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve a blanket purchase order for maintenance and repair services by Siemens Water Technologies with the intention that the odor control units at both the North County Water Reclamation Facility (NCWRF) and the South County Water Reclamation Facility (SCWRF) function at optimum condition. Odor control at the Collier County Water Reclamation facilities is paramount to exceeding our customer's expectations for odor abatement. Collier County Public Utilities has in place "Good Neighbor" policies with zero tolerance for odors in and around our wastewater treatment facilities. CONSIDERATIONS: The NCWRF utilizes three (3) chemical scrubbers and SCWRF utilizes five (5) chemical scrubbers for odor control of hydrogen sulfide and organic gasses that are by-products of the wastewater treatment processes. On September 26, 2000, (Agenda Item 16C6), the Board of County Commissioners approved the standardization of U.S. Filter ( now known as Siemens Water Technologies) chemical scrubbers for all Water and Wastewater Treatment Plants. In response to that approval, Siemens Water Technologies is the original equipment manufacturer of the chemical scrubbers at the NCWRF and SCWRF. Staff has revisited this sole source issue with the purchasing department, and it has been determined that this sole source justification is still valid. 1. Due to the complex and proprietary nature of the chemical scrubbers, it is necessary to have trained technicians perform maintenance and repair of the chemical scrubbers on a regular basis. Siemens Water Technologies offers a service of maintenance, repair and extended warranty of the equipment to maintain optimum performance. This includes biweekly service checks, repair or replacement of malfunctioning equipment, the supply of chemicals required, and troubleshooting odor problems that only Siemens Water Technologies can offer for their equipment. Siemens Water Technologies will be required to maintain the chemical scrubbers to factory standards. When comparing the past individual agreements with this consolidated service, maintenance and extended warranty value, there is a $200 per month/per scrubber discount. This reflects a savings of $21,600/year from previous service contracts with Siemens Water Technologies. This is a comparable price that is cornmon for all U.S. Filter clients throughout the State of Florida. 2. The alternative would be to create a full time position with benefits and a vehicle. This position would involve the handling of caustic chemicals, which are very hazardous. Collier County would lose the extended warranty portion of the contract for maintenance, repair, and replacement of malfunctioning equipment. Troubleshooting odor problems would take much longer than for Siemens Water Technologies, as they have the most knowledge regarding their equipment. 3. Staff recommends a blanket purchase order for maintenance and repair services by U.S. Filter for the chemical scrubbers at both the NCWRF and the SCWRF for an annuallump sum cost of$ 118,164. 4. Staff further recommends approval of a 10% contingency ($11,816) to cover unforeseen acts or conditions beyond the control of the vendor (i.e., lightning strikes), which are not covered. FISCAL IMPACT: Total expenditures for this service are estimated at $129,980 and will be funded from FY07 NCWRF and SCWRF Budgets in County Water/Sewer Fund 408. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve the blanket purchase order for maintenance and repair services with Siemens Water Technologies in the total amount of $129,980 which includes a 10'1'0 contingency. PREPARED BY: Stephen Frates, Wastewater Operations Analyst Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F Meeting Date: Recommendation to Approve a Blanket Purchase Order with Siemens Water Technologies for Maintenance and Repair ot Odor Control Units at Both the North County Water Reclamation Facility and the South County Water Reclamation Facility, in the Amount of $ 129.980. 8/14/20079:00:00 AM Approved By Joseph Bellone Operations Supervisor Date Public Utilities Public Utilities Operations 8/8/20072:54 PM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 8/8/2007 3:47 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 8/8/20073:58 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 8/8/20074:36 PM Approved By James W. Delany Public Utilities Administrator Date Public Utilities Public Utilities Administration 8/8/2007 4:39 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/9/20078:01 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 8/9/20079:27 AM http://bccagendallntranet/attachmentviewer.aspx?attachmentid=-1 &itemid=980 1 8/14/2007