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
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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.
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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).
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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
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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.
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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
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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
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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.
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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.
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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.
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(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.
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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
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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.
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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.
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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
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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
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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
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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.
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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
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-
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
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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 ;
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.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
///
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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
/[
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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
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8/14/2007