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Backup Documents 10/09/2007 R Board of County Commissioners Regular Meeting BACK-UP DOCUMENTS October 9, 2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) ~. ~ JI ,,\ AGENDA October 9, 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 (Absent) NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 October 9, 2007 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING 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 A. Pastor Craig Nelson, East Naples United Methodist Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted with changes - 4/0 B. September 6, 2007 - BCC/Budget Hearing Approved as Presented - 4/0 C. September 11, 2007 - BCC/Regular Meeting Approved as Presented - 4/0 D. September 12, 2007 - BCC/Regular-Carryover of September 11, 2007 BCC Meeting Approved as Presented - 4/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Page 2 October 9, 2007 A. Advisory Committee Service Awards 5 Year Attendees 1) Fire Chief Jim McEvoy - Emergency Medical Services Advisory Council 2) Jack Markel - Utility Authority 4. PROCLAMATIONS A. Proclamation for Tom Kuck Recognition Day October 9th to be accepted by Tom Kuck. Adopted - 4/0 B. Proclamation for Bipolar Disorder Awareness Day to be accepted by Nancy Schultz, President ofNAMI Collier County and Kathryn Hunter, Executive Director ofNAMI Collier County. Adopted - 4/0 C. Proclamation for "Put The Brakes On Fatalities Day" to be accepted by: Lt. Paul France, Florida Highway Patrol Lt. Harold Minch, Collier County Sheriff's Office Sgt. Chris Gonzalez, Collier County Sheriff's Office Lt. Greg Gaffney, Naples Police & Emergency Services Department Bob Tipton, Director, Traffic Operations Gene Calvert, Director, Stormwater Management Norman Feder, Administrator, Transportation Services Division Jay Ahmad, Director, Transportation Engineering and Construction Management John Vliet, Superintendent, Road & Bridge Maintenance. Adopted - 4/0 D. Proclamation for National4-H Week to be accepted by: Chelsea Ward, President of 4-H County Council. Adopted - 4/0 5. PRESENTATIONS A. Recommendation to recognize Joel Hollocher, Risk Analyst, Risk Management Department, as Employee of the Month for September 2007. Presented Page 3 October 9,2007 B. Presentation for the Waste Reduction Awards Program (WRAP) to recognize The Conservancy of Southwest Florida for their efforts to contribute to the greater good of all of Collier County by helping to prolong the usable life of the Collier County Landfill, by reducing their solid waste stream through an enhanced recycling program. Presented C. Presentation by Clarence Tears, Director, Big Cypress Basin, on improvements made following Tropical Storm Ernesto. Presented and updated on water restrictions D. Poole and Kent Contractor presentation regarding the South County Regional Water Treatment Plant Expansion Project. Presented 6. PUBLIC PETITIONS A. Public petition request by Roberto Leon to discuss property at 1071 16th Street N.E. and the Vanderbilt Beach Road Extension. Discussed Withdrawn B. Public petition request by Kenneth Thompson to address lack of communication between Code Enforcement and the public. C. Public petition request by Tim Barone to discuss impact fees at the Wolfe Apartments, 4590, 4610, 4630, 4650 16th Place SW, Naples, FL 34116. Discussed Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Continued to the October 23, 2007 BCC Meeting A. Petition: CU-2005-AR-8748, Ashraf Fawzy, represented by Wayne Arnold, A1CP, ofQ. Grady Minor & Associates, P.A., requesting approval ofa Page 4 October 9, 2007 Conditional Use in the Rural Agricultural (A) zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture facility in the Agricultural (A) zoning district, per Section 2.04.03 Table 2 of the Land Development Code (LDC). The subject property, consisting of approximately 15.08 acres, is located at 2060 Tobias Street, in Section 22, Township 49 South, Range 27 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Golden Gate Beautification Advisory Committee. Resolution 2007-284 Re-appointing Michael McElroy - Adopted 4/0 B. Appointment of member to the Collier County Health Facilities Authority. Resolution 2007-285 Re-appointing Dr. Joan Colfer - Adopted 4/0 C. Appointment of member to the Industrial Development Authority. Resolution 2007-286 Re-appointing Barbara Minch Rosenberg- Adopted 4/0 D. Appointment of member to the Golden Gate Estates Land Trust Committee. Resolution 2007-287 Re-appointing Linda Hartman - Adopted 4/0 E. Appointment of member to the Black Affairs Advisory Board. Resolution 2007-288 Appointing Adrienne L. Markopolos - Adopted 4/0 F. Appointment of member to the Hispanic Affairs Advisory Board. Resolution 2007-289 Appointing Luis Alejandro Bernal - Adopted 4/0 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners continue to uphold the prohibition relative to the severance of Transfer of Development Right (TDR) credits from illegal nonconforming lots or parcels (properties of record that were established after October 14,1974) within the Rural Fringe Mixed Use District (RFMUD) Sending Land. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) Discussed and item to be brought back to a future BCC Meeting Page 5 October 9, 2007 B. Recommendation to clarify the intent of the Board of County Commissioners as to the character of the real property interest identified as Parcels 801, 802, 803 and 804 which are necessary for the construction of Phase 1-B South of the Lely Area Stormwater Improvement Project (LASIP) and amend Resolution No. 2007-89, thereby authorizing the condemnation of fee simple interests in Parcels 801, 802, 803 and 804. (Capital Improvement Element No. 291, Project No. 51101). The cost to acquire a fee simple interest in Parcels 801, 802, 803 and 804, as opposed to a drainage easement only, is estimated to add $25,500 to the original LASIP Phase 1 B easement acquisition cost estimate of$I,838,000. (Norman Feder, Transportation Services Administrator) Resolution 2007-291 Adopted - 4/0 C. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase ofthe fee simple and those perpetual and temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the expansion of Golden Gate Boulevard from west of Wilson Boulevard to east of Everglades Boulevard (Phase 1), and authorizing the acquisition by gift or purchase of the fee simple interests necessary for the construction of stormwater retention and treatment ponds required for the expansion of Golden Gate Boulevard from West of Wilson Boulevard to DeSoto Boulevard. (Phases 1 and 2.) (Project No. 60040.) Estimated fiscal impact: $18,411,297.00. (Norman Feder, Transportation Services Administrator) Resolution 2007-292 Adopted - 3/1 (Commissioner Henning opposed) D. Recommendation to award Bid No. 07-4130 to Mitchell & Stark Construction Co., Inc., in the base bid amount of $2,634,639 for Project 70158, the construction of Tamiami reliability wells numbers 34 & 37 and the replacement of raw water pipelines; authorize the Chairman to sign the contract after approval by the County Attorney's Office and receipt of final written authorization by the Florida Department of Environmental Protection (FDEP); and, to authorize the County Manager or his designee to carry out responsibilities under the FDEP Low Interest State Revolving Fund (SRF) Loan Program. (Jim DeLony, Public Utilities Administrator) Approved - 4/0 Page 6 October 9, 2007 E. To Provide status of efforts to resolve mineral rights issue, directional drilling update and to recommend that the Board of County Commissioners extends the termination date of the Starnes Contract for Purchase in the Conservation Collier Program for 60 days. (Alex Sulecki, Principal Environmental Specialist) Approved - 4/0 F. Recommend approval of the FY 08 Tourism Strategic Marketing Plan developed by tourism staff and Paradise Advertising and Marketing, Inc. ($2,402,500) (Jack Wert, Tourism Director) Approved - 4/0 G. Recommendation to award Contract #07- 4182, Chiller Plant Renovation to Kraft Construction Company, Inc. for the modifications and additions to the existing chiller plant, project 52533, in the amount of$I,739,000. (Hank Jones, Senior Project Manager) Approved - 4/0 H. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $7,975,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance a portion ofthe construction of the Emergency Services Complex; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. (Project 52160) (Skip Camp, Director, Facilities Management) Resolution 2007-290 Adopted - 4/0 I. Recommendation to approve the projects identified below for SAP integration services from Labyrinth Solutions, Inc. d/b/a LSl Consulting for approximately $1.7M plus travel expenses, and to amend Contract No. 07- 4092 SAP Upgrade Project with Labyrinth Solutions, Inc. d/b/a LSI Consulting with Exhibit A-I, Amendment # 1. (Len Price, Administrative Services Administrator) Approved - 4/0 Page 7 October 9, 2007 J. Authorize a request from the Collier County Department of Emergency Management in conjunction with the County Attorney's Office to develop a fee structure for reviewing emergency plans, site development plans and recovering cost for extended emergency responses and certain training programs. (Dan Summers, Emergency Management Director) Motion to direct staff to forward to DSAC and the Citizens Advisory Board for review - Failed 2/2 (Commissioner Fiala and Commissioner Henning opposed); Motion to continue item to the next meeting in October - Withdrawn; Motion to forward to DSAC, CCPC, Productivity Committee and the Citizens Advisory Board for review - Failed 2/2 (Commissioner Halas and Commissioner Coletta opposed); Motion to bring back to the next BCC Meeting - Failed 2/2 (Commissioner Fiala and Commissioner Henning opposed) K. Obtain Board of County Commissioner authorization to modify the late fees assessed to the Public for Rental Registration. (Joe Schmitt, Community Development Administrator) Approved w/changes and staff to bring back the draft resolution and ordinance reflecting those changes - 4/0 L. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. (Steve Carnell, Purchasing Department Director) Approved - 3/1 (Commissioner Henning opposed Item #9 thru Item #12) Moved from Item #16C3 M. Recommendation to approve a Florida Innovative Waste Reduction and Recycling Grants contract in the amount of $78,500 with the Florida Department of Environmental Protection to fund the Collier County School Beverage Container Recycling Challenge grant and the necessary budget amendment to allow the processing of this grant. Approved - 4/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Randy Jones - requesting a 24 month extension regarding 9 temporary care units onto the 1st Assembly of God property; Motion to approve w/stipulations - 4/0 Page 8 October 9, 2007 B. PJ Orbreck - regarding recommendations placed by the CCPC for the Pebb1ebrook Lakes PUD; recommendation to have County Attorney to conduct an independent investigation on issue - Approved 4/0 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mudd - Received letter from Mayor of Sanibel, asking for Colonel Gross Krueger's term extended in the Army Corps of Engineers B. Mudd - Needs direction on description oflitter (Horticultural waste)- Motion to bring back - Approved 4/0 C. Coletta - Signing letter to send to our Senators and Congressmen for funding for the projects in our area - Motion to Approve - 4/0 D. Coletta - Why Commissioner Henning voted against Item # 1 OC E. Fiala - Requests that Developer/builder must have a qualified buyers in order to get impact fee deferrals F. Henning -Need signed copies of minutes from Advisory Boards G. Henning - Fees not being collected on projects 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes - 4/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Continued indefinitely 1) Recommendation to Endorse Code Enforcement Board and Special Magistrate Rules and Regulations. Page 9 October 9, 2007 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Cedar Hammock, Unit 2. W/release of any Utilities Performance Security 3) Recommendation to approve final approval of the water and sewer utility facilities for Cedar Hammock, Unit 3. W /release of any Utilities Performance Security 4) To accept final and unconditional conveyance of the water utility facility for Cedar Hammock, Tract F-4. W/release of any Utilities Performance Security 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Cedar Hammock, Unit 6. W /release of any Utilities Performance Security 6) To accept final and unconditional conveyance of the water utility facility for Pine Ridge Middle School. W /release of any Utilities Performance Security 7) Recommendation to approve final acceptance ofthe sewer utility facility for Le1y Elementary School. W/release of any Utilities Performance Security 8) Recommendation to approve final acceptance of the water and sewer utility facilities for Tuscany Reserve, Phase 1. (lA-1 & 1A-2) W/release of any Utilities Performance Security 9) Recommendation to approve final acceptance of the water and sewer utility facilities for Tuscany Reserve, Phase 1. (IA & 1A-4) W /release of any Utilities Performance Security 10) Recommendation to approve final acceptance of the water and sewer utility facilities for Tuscany Reserve, Phase 1. (lA-3) W /release of any Utilities Performance Security 11) Recommendation to approve final acceptance of the water and sewer utility facilities for Cedar Hammock, Unit 4. W /release of any Utilities Performance Security Page 10 October 9, 2007 B. TRANSPORTATION SERVICES 1) Approve the purchase of 2.50 acres of improved property which is required for road right-of-way for the Vanderbilt Beach Road Extension Project. Project No. 60168 (fiscal impact: $431,713.00) Located at 2440 lih Avenue NE, Golden Gate Estates 2) Recommendation to award Bid No. 07-4167 Purchase oflimerock and fill material, fixed term contract for the estimated annual amount of $500,000 to APAC, Inc., Florida Dirt Source and Florida Rock Industries Inc. For use in grading, rebuilding and shoulder repair on all County and State roadways 3) Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) for the Freedom Park a.k.a. the Gordon River Water Quality Park in Collier County, Florida. To comply with permit requirements necessary for the development of the park 4) Approve the purchase of 2.5 acres of improved property which is required for road right-of-way for the Vanderbilt Beach Road Extension Project. Project No. 60168. (Fiscal Impact: $430,000) Located at 1110 Everglades Boulevard N, Golden Gate Estates C. PUBLIC UTILITIES 1) Recommendation to approve award of bid 07-4189 in the amount of $734,000 to Douglas N. Higgins for Master Pump Station 316 Improvements, Project No. 72546 and Project No. 73970. Located in Fiddler's Creek 2) Recommendation to approve award of bid 07-4190 in the amount of $784,000 to Douglas N Higgins for the Master Pump Station 318 Improvements, Project No. 72546 and Project No. 73970. At the intersection of SR 951 and US 41 (Southeast corner) Page 11 October 9, 2007 Moved to Item #lOM 3) Recommendation to approve a Florida Innovative Waste Reduction and Recycling Grants contract in the amount of $78,500 with the Florida Department of Environmental Protection to fund the Collier County School Beverage Container Recycling Challenge grant and the necessary budget amendment to allow the processing of this grant. As detailed in the Executive Summary 4) Recommendation to approve a Florida Innovative "Waste Reduction and Recycling Grants" contract in the amount of $79,732 with the Florida Department of Environmental Protection to fund the Collier County seasonal and year-round business "How to Recycle" videos and approve the budget amendment to allow the processing ofthis grant. For the promotion and development of business recycling through education and training programs 5) Receive approval for the donation of bottled water for Collier County Government or Collier County Water-Sewer District sponsored events in the estimated amount of $5,000 annually. Continued to the November 13,2007 BCC Meeting 6) Recommendation to approve an Interloca1 Agreement for reconstruction of the existing interconnect between the Collier County Water-Sewer District and Bonita Springs Utilities, Inc., to provide for reverse potable water flows at Bonita Springs Utilities, Inc., expense, to provide for the design and construction of a second interconnect, at a location to be determined, at the expense of the Collier County Water-Sewer District, and to establish rates for usage of potable water. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Release relating to a Declaration of Restrictions recorded in error against property located at 5249 Hardee Street. A release is needed now that Habitat for Humanity will not be purchasing the property Page 12 October 9, 2007 2) Recommendation to the Board of County Commissioners to accept the Retired and Senior Volunteer Program grant award and recognize revenue in the amount of $67,313. Funded by the Corporation for National and Community Service for the period ending September 29,2008 3) Recommend that the Board of County Commissioners approve and authorize its Chairman to sign Amendment Number 1 to the 2007 North Jetty Doctors Pass Tourism Agreement between Collier County and the City of Naples providing for a one (I) year time extension; additional funding totaling $6,772 and approval of all necessary Budget Amendments. To cover costs of engineering services for an agreement ending April 1, 2008 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 37, Trail Ridge. Deferring $19,372.46 in impact fees 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 38, Trail Ridge. Deferring $19,372.46 in impact fees 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 39, Trail Ridge. Deferring $19,372.46 in impact fees 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Page 13 October 9, 2007 Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 40, Trail Ridge. Deferring $19,372.46 in impact fees 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 41, Trail Ridge. Deferring $19,372.46 in impact fees 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 42, Trail Ridge. Deferring $19,372.46 in impact fees 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 129, Trail Ridge. Deferring $19,372.46 in impact fees 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 167, Trail Ridge. Deferring $19,372.46 in impact fees 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 171, Trail Ridge. Deferring $19,372.46 in impact fees Page 14 October 9, 2007 13) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 172, Trail Ridge. Deferring $19,372.46 in impact fees 14) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 173, Trail Ridge. Deferring $19,372.46 in impact fees 15) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 174, Trail Ridge. Deferring $19,372.46 in impact fees 16) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 175, Trail Ridge. Deferring $19,372.46 in impact fees 17) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 176, Trail Ridge. Deferring $19,372.46 in impact fees 18) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Freeman & Freeman, Inc. (DEVELOPER) for deferral of 100% of Collier Page 15 October 9, 2007 County impact fees for an owner-occupied affordable housing unit located at Lot 138, Block D, Arrowhead Reserve at Lake Trafford Phase Two. Deferring $19,305.88 in impact fees 19) This item continued from the September 25, 2007 BCC Meetinl!. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a State Housing Initiative Program (SHIP) grant in the amount of$22,200 to The Empowerment Alliance ofSW Florida (EASF) for Homebuyer Counseling to low and moderate income households in Eastern Collier County. This program will consist of home buyer education and one-to-one counseling for potential new homebuyers. As detailed in the Executive Summary 20) This item continued from the September 25. 2007 BCC Meetinl!. Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a State Housing Initiative Program (SHIP) grant in the amount of$35,000 to The Collier County Housing Development Corporation (CCHDC) for Homebuyer Counseling to low and moderate income households in Collier County. This program will consist of home buyer education and one-to-one counseling for potential new homebuyers. As detailed in the Executive Summary 21) Recommend approval ofFDEP Amendment No.2 to Cost Share Contract No. 05CO 1 and authorize the County Manager or his designee to sign this amendment and any subsequent amendments to this Agreement for additional funding with Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems for the construction and monitoring of the City of Naples/Collier County Beach Renourishment Project No. 905271. Only the Deputy County Manager is authorized to sign this amendment 22) Recommendation to accept the Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of$200,000 between Collier Page 16 October 9, 2007 County Board of County Commissioners and the United States Department of Justice, Office on Violence Against Women and approve the necessary budget amendment to recognize the revenue. To improve supervised visitation services, enhance security and expand center services E. ADMINISTRATIVE SERVICES 1) Approve Deductive Change Order No. 10 in the amount of ($1,660,798.00) for direct purchase of materials for the "Construction Manager at Risk for the Courthouse Annex Project", Contract No. 04- 3576. Scheduled for completion in the first quarter of 2009 2) Recommendation to approve a Frequency Reconfiguration Agreement (FRA) between Collier County and Sprint Nextel. 3) Recommendation to award RFP #06-3971S "Annual Contract for General Contractors Services" on an as-needed basis, to the following firms: Bradanna, Inc.; Brooks & Freund, LLC; Surety Construction Company; Wright Construction Group, Inc. and Zurqui Construction Service, Inc. (Estimated value of $600,000) Providing additional resources to various County departments 4) Recommendation to approve a resolution authorizing the Human Resources Department to host an Employee Book Fair and to use the associated 10% rebate for Employee Recognition Initiatives. Resolution 2007-280 5) Recommendation to reject all responses to Bid #07-4146, Safety Equipment and Supplies. Reject due to the necessary changes that must be made to the existing bid specifications in order to provide the level of service required F. COUNTY MANAGER 1) Recommendation to approve a Florida Emergency Medical Services County Grant Application, Grant Distribution Form and Resolution Page 17 October 9, 2007 for Training and Medical/Rescue Equipment and Supplies in the amount of$157,253.00 and to approve a Budget Amendment to appropriate additional grant funds in the amount of $57,253.00 which is the difference between the $100,000.00 budgeted for FY 08 and the $157,253.00 deemed by the State of Florida as the grant award. Resolution 2007-281 2) Recommendation to approve an Agreement between Collier County and the Florida Division of Emergency Management accepting $105,806 for Emergency Management Program Enhancement. 3) Recommend approval of Contract Amendment # 1 for Contract #06- 4007 with Paradise Advertising and Marketing, Inc. to increase the County Museum advertising budget to the amount of$120,000 and authorize the Chairman to execute Contract Amendment # 1 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Board of County Commissioners approve a budget amendment in the amount of $29,800.00 to fund the increased cost of construction for Taxiway C at the Immokalee Regional Airport. To fund an engineering fee cost omission H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the East Naples Civic Association's Monthly Luncheon for September 2007 on September 20th, 2007 at Carrabba's Restaurant; $21.00 to be paid from Commissioner Fiala's travel budget. Located at 12631 Tamiami Trail East, Naples 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Collier County Bar Association Annual Dinner in honor of The Florida Second District Court of Appeals, October 4, 2007 at Page 18 October 9, 2007 the Port Royal Club. $60.00 to be paid from Commissioner Coletta's travel budget. Located at 2900 Gordon Drive, Naples 3) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Participating in the Migrant Matrix IV: A map to decipher farm worker services and regulations on October 4, 2007 at the Immokalee Sports Park. $25.00 to be paid from Commissioner Coletta's travel budget. Located at 505 Escambia Street, Immokalee 4) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the NAACP Annual Awards Ceremony in honor oflocal organizational NAACP founders, September 29, 2007 at the Naples Hilton and Towers. $75.00 to be paid from Commissioner Coletta's travel budget. Located at 5111 Tamiami Trail North, Naples 5) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Final Weed and Seed Steering Committee Luncheon on September 20, 2007 and is requesting reimbursement in the amount of$20.00, to be paid from his travel budget. Held at the Career and Service Center (One Stop) in Immokalee I. MISCELLANEOUS CORRESPONDENCE 1) To file for record with action as directed J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of September 15,2007 through September 21,2007 and for submission into the official records of the Board. Page 19 October 9, 2007 2) To obtain Board approval for disbursements for the period of September 22, 2007 through September 28, 2007 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment for Parcel 103 in the lawsuit styled Collier County v. Pelican Marsh Community Development District, Case No. 04-1532-CA (Vanderbilt Beach Road Project No. 63051). (Fiscal Impact $1,604.05) 2) Board approval of Addendum to County Attorney Employment Agreement providing for a 120 day extension to the term of employment. Extended until March 22, 2008 3) Recommendation that the Board of County Commissioners authorize Municipal Code Corporation to provide monthly electronic updates to the Code of Laws and Ordinances and the Land Development Code and to modify the proof requirement for the Land Development Code. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: SV-2007-AR- 11349, Sre LQ FL Properties, LLC, represented by Robert D. Pritt of Roetzel & Andress, LPA, is requesting a Variance from the maximum 12 Page 20 October 9, 2007 square-foot area requirement for off-premises directional sign to replace an existing directory sign that was damaged by hurricane Wilma with a new off-premises directional LaQuinta Inn & Suites sign. The proposed sign would be located at 185 Bedzel Circle, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2007-282 B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. V A-2007-AR-11703 Kurt Lutgert, represented by Q Grady Minor, and Richard D. Y ovanovich, Esquire, Good1ette Coleman and Johnson, P.A., requests a variance to legitimize the legally-constructed non-conformities and permit a minor additional encroachment along the front ofthe home to enclose and modernize the carport as a standard two-car garage. The applicant would like to enclose the carport, and expand the width of the home alone the east side of the property to the current side setback requirement of 7.5 feet. An addition was added to the original home on the northwest side and, although it was legally permitted, the current survey indicates a 1.5-foot encroachment into the required front yard. The subject property is located at 180 Channel Drive, Conner's Vanderbilt Beach Estates subdivision, Section 29, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2007-283 C. Recommendation that the Board of County Commissioners adopt an Ordinance repealing Ordinance No. 2003-14 relating to mandatory street numbering of all structures and the establ ishing of a grid pattern for street numbering and replacing the repealed text with provisions that provide for clarification of administrative processes and procedures, eliminating potential for the duplication of addresses, street names, developments and subdivisions and providing improvements to the public notification process as previously directed by the Board of County Commissioners. Ordinance 2007-62 18. ADJOURN INOUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 21 October 9, 2007 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 9. 2007 Withdraw Item 6B: Public Petition request by Kenneth Thompson to address lack of communication between Code Enforcement and the public. (Petitioner's request.) Item 8A continued to the October 23. 2007 BCC meetina: (Note that this item should have included the following: "This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members.") Petition: CU-2005-AR-8748, Ashraf Fawzy, represented by Wayne Arnold, AICP of Q. Grady Minor & Associates, P .A., requesting approval of a Conditional Use in the Rural Agricultural (A) zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture facility in the Agricultural (A) zoning district, per Section 2.04.03 Table 2 of the Land Development Code (LDC). The subject property, consisting of approximately 15.08 acres, is located at 2060 Tobias Street, in Section 22, Township 49 South, Range 27 East, Collier County, Florida. (Petitioner's request.) Item 10A: The underlined text is added to the Recommendation in the Executive Summary as follows: The Board directs staff to extend the termination date of the Starnes contract for 60 days, until December 16, 2007. and authorizes the Chairman to execute an addendum statina same. subiect to approval bv the Office of the Countv Attornev. (Staff's request.) Item 16A1 continued indefinitelv: Recommendation to Endorse Code Enforcement Board and Special Magistrate Rules and Regulations. (Staff's request.) Item 16C6 continued to the November 13. 2007 BCC meetina: Recommendation to approve an interlocal Agreement for reconstruction of the existing interconnect between the Collier County Water-Sewer District and Bonita Springs Utilities, Inc. to provide for reverse potable water flows at Bonita Springs Utilities expense, to provide for the design and construction of a second interconnect, at a location to be determined, at the expense of the Collier County Water-Sewer District, and to establish rates for usage of potable water. (Staff's request.) Item 16E2: (The Frequency Reconfiguration Agreement was not included in the agenda packet. Copies have been distributed to all concerned and made available for review.) Recommendation to approve a Frequency Reconfiguration Agreement (FRA) between Collier County and Sprint Nextel. (Staff's request.) Item 16F3: The title on the index should read: Recommend approval of Contract Amendment #1 for Contract #06-4007 with Paradise Advertising and Marketing, Inc. to increase the County Museum advertising budget to the amount of $120,000 and authorize the Chairman (rather than "authorize the County Manager or his designee") to execute Contract Amendment #1. (Staff's request.) Item 17 A should read: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: SV-2007-AR-11349, Bre LQ FL Properties, LLC, represented by Robert D. Pritt of Roetzel & Andress, LPA, is requesting a variance from the maximum 12 square-foot area requirement for off-premises directional signs to replace an existing directory sign that was damaged by hurricane Wilma with a new off-premises directional LaQuinta Inn & Suites sign. The proposed sign would be located at 185 Bedzel Circle, in Section 34, TownShip 49 South, Range 26 East, Collier County, Florida. (Staff's request.) ~ 4A PROCLAMA TION WHEREAS, it is hereby noted that Tom Kuck is retiring from the stoff of the Collier County Boord of County Commissioners after twenty-nine years of dedicated, faithful service: and, WHEREAS, it is duly noted that during his tenure with the Boord of County Commissioners, and more specifically with the Rood and Bridge l>eportment, and later with Community Development and Environmental Services Division, that Tom faithfully and honorably served the citizens of Collier County. While serving os the Public Works Administrator, and later the County Engineer, and Director of Engineering Services, he provided rDtld construction supervision, and supervision of 011 plan and plot engineering structural reviews, engineering inspections, subdivision inspections, well inspections and excavation inspections, and in doing so, served the vital interests of Collier County, and, WHEREAS, having served os the Director of Engineering Services, Community l>evelopment and Environmental Services Division from April, 1994 to September, 2007, he faithfully and honorably served to promote exemplary residential and commercial review standards and governmental oversight of the development and building industry, and in doing so promoted harmony between the industry and the citizens of Collier County, contributing immeasurably to the enhancement of our community development, quality of life, and community character of the County: and, WHEREAS, it is reported that every day he worked diligently and enthusiastically and always displayed 0 positive "con doH atti'frKM thrtJug/Hlut the work thy and in doing so led and maflQged one of the most efficient and effective Engineering Deportments in the Stote of Florida: and, WHEREAS, it is reported tht1t he maflQged and led 0 team of dedicated employees that reviewed and processed thoustmds of Site l>evelopment Plans and Subdivision Plots for commercial and residential development during his tenure os the Director of Engineering Services and in doing so, profess,"-11y and proficiently enforced the dictates of the Board of County Commissioners, the Collier County Growth Management Plan and the L.ond l>evelopment Code: and, WHEREAS, given his laudabt. contributions to the ecolNlmic, social, and cultural well-being of the citizens of Collier County, it is fitting that we recognize Tom Kuck for his dedicated and faithful service to the 80tIrd of County Commissioners and the citizens of Collier County from September 5, 1978 to October 12, 2007. NOW THEREFORE, be it proclaimed by the Boord of County Commissioners of Collier County, Florida, that October 9, 2007, b. designated as Tom Kuck Recognition Day DONE AND ORDERED THIS 9th Day of October, 2007. ATTEST: Q;;,~&~~ DWIGHT E. BROCK, CLERK PROCLAMA TION ~ 48 WHEREAS, more than 10 million Americans are affected by bipolar disorder, a serious brain disorder that causes extreme shifts in mood, energy, and functioning: and, WHEREAS, misdiagnosis is a major problem for people with bipolar disorder, as seven out of ten receive at least one misdiagnosis and many suffer for ten years before an accurate diagnosis is made: and, WHEREAS, undiagnosed bipolar disorder can lead to suicide, incarceration, substance abuse and other harmful consequences: and, WHEREAS, lifetime costs per consumer range from $12,000 for a person with a single manic episode to hundreds of thousands of dollars for those with multiple episodes: and. WHEREAS, NAMI (Nationa/ Alliance on Mental I/Iness) and Abbott Laboratories are recognizing October 11, 2oo7 as Bipolar Disorder Awareness Day, during Mental Illness Awareness Week: and, WHEREAS, Bipolar Disorder Awareness Day seeks to increase peoples understanding of the devastating impoct of bipolar disorder symptoms on the lives of undiagnosed individuals, their family and friends, and seeks to pramote early detection through mental health screenings: and, WHEREAS, while there is no cure for bipolar disorder, there are effective treatment options that can help those with bipolar disorder to lead fulfilling lives. NOW THEREFORE, be it proclaimed by the Board of County Commissioners af Collier County, Florida, that October 11, 2ooT. be designated as BIPOLAR DISORDER AWARENESS DAY in Collier County, and urge all city and county residents to educate themselves on bipolar disorder and mental i/lness, to participate in mental health screenings to aid in early detection and, if necessary, engage themselves or family members in a successful treatment program. DONE AND ORDERED THIS 9th Day of October, 2oo7. ATTEST: ~// ~.., ~_. //~.._"' EJOARD ~F COUNTY CO}1MISSI,.9AlfRS /OLLIE,~ COUNTY, FfOIaDA ..' , I. i//, ",(r; / '.~. L,/-' j! ;' J~hfESCet.errA; CRArRM-, ""'"-. ~'1-:""'" "/ '" ",/ ~/}\, " .-" '. /' ./ ..- /" \. , . .--- / '\ .... ...~/....... "'., L." '., -- ----..______....1 ~~' ',. " ,. ~. " ;.. ." . ~ ~ : ~. ,..., .- n , . ~ \{'\ '." .' ,4C PROCLAMA TION WHEREAS, traffic crashes caused more than 42,000 fatalities nationwide in 2006, (58 of those in Collier County) and highway crashes are the leading cause of death for people ages 3 to 33; and, WHEREAS, speeding was a contributing factor in 30 percent of all fatal crashes in 2005; and, WHEREAS, alcohol-related crashes account for 38 percent of all traffic fatalities; and, WHEREAS, deaths and injuries on U.S. highways cost society over $230 bl1/ion annually (about $820 per person); and, WHEREAS, safer driving behaviors such as the use of seat belts, not drinking and driving and obeying traffic laws would dramatically reduce the number of traffic-related injuries and deaths; and, WHEREAS, increased investment in road and bridge improvements at the local level saves lives, such as making road lanes and shoulders wider and adding medians; and, WHEREAS, Federal Highway Administration and National Highway Traffic Safety Administration data show that every $100 million invested in highway safety improvements will result in approximately 145 fewer traffic fatalities over a 10- year period; and, WHEREAS, Collier County has committed to spending more than $861.7 million on road improvements in the Transportation Five Year Work Program to improve the county's roadway safety and traffic circulation. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October g, 2007, be designated as Put The Brakes On Fatalities Day@ and call upon everyone to help save lives by spreading these important messages throughout our communities. DONE AND ORDERED THIS 9th Day of October, 2007. DWIG. -- ATTEST: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMA TION 'l 4D the goal of 4-H is to provide educational opportunities for the youth and adult volunteers in Collier County in the areas of leadership, citizenship, personal development, and practical skills; and, these activities have resulted in learning experiences and accomplishments that have received State and National awards; and, the Board of County Commissioners of Collier County feels this 4-H program contributes to the overall development of our youth and strengthens our communities; and, the 4-H members receive inspiration and guidance from interested parents, Collier County University of Florida IFAS Extension Staff. volunteers, adult and teen leaders; and support from many community organizations and businesses; and, 4-H forms partnerships and collaborates with other youth-serving agencies to reach a wide and diverse audience. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of October 7 - 13, 2007, be designated as National 4-H Week and all citizens of Collier County are urged to join this Board in giving appropriate recognition to the achievements of the 4-H members and clubs of Collier County. DONE AND ORDERED THIS 9th Day of October, 2007. A TrEST: ~~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 1\ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO t\ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oflice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate lor additional signatures, dates, and/or intbnnation needed. If the document is already complete with the exceotion of the Chainnan's :de:nature, draw a line through routing lines # 1 throuoh #4, complete the checklist, and tCJf\vard to Sue Filson (line #5'. Route to Addressee(s) Office Initials Date (List in routiop order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue filson, need to contact statlfor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the item) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office Agenda Date Item was October 9, 2007 Agenda Item Number 9A Annroved bv the BCC Type of Document Resolution .,lfl!7- 28f Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Artorney's Office and all other arties exec t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date of BCC approval of the document or the final neootiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a lie able. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. @ N/A (jy I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 t9A RESOLUTION NO. 2007-284 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MICHAEL V. MCELROY TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 87-78, as amended, confirmed the creation of the Golden Gate Beautification Advisory Committee and provides that the Committee shall be composed of five (5) members; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided publiC notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNlY COMMISSIONERS OF COLLIER COUNlY, FLORIDA, that Michael V. McElroy, representing Precinct No. 323, is hereby reappointed to the Golden Gate Beautification Advisory Committee for a 4 year term, said term to expire on October 6, 2011. This Resolution adopted after motion, second and majority vote. DATED: October 9, 2007 ATTEST: DWIGHT .1;. {3RR~K; Clerk " . ..'(, . -, BOARD OF COUNlY COMMISSIONERS COLLIER COUNlY, FLORIDA C' '; '.' . \{;/ Att~ f\,.\'.tJ~1 ~ 'i,m,..' .1.:J"&tl,." ?<r' ....' ,- By'~ . JA S COL , air App oved as to form and leg suffi iency: .1.------ '. f I , /' Jeffre A.. latzkow Chief Si~ nt County Attorney \. CP: 07-BCC-00371 Item # ~ ;,.~enda IOlql_-, ,JLlte _~{.ll.-1.. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP _ 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Onginal documents should be hand delivered to the Board Office. The completed routing slip lIDo original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the do(.,'Ument is already complete with the exceotion of the Chairman's signature, draw a line through routing lines #1 throu~ #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routine order) l. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Ch<lirman '5 signature are to he delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office Agenda Date Item was October 9, 2007 Agenda Item Number 9B Aooroved bv the BCC Type of Document Resolution ~O 7- 2s5 Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate, I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions. etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl' Stale Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exee t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne fotiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCe officc within 24 hours of BCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! 6. The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Ucahle. Yes N/A (Not (lnitial A Iicable) @ N/A I: Forms! County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 98 1 RESOLUTION NO. 2007-285 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT DR. JOAN COLFER TO THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY. WHEREAS, in accordance with Chapter 154, Florida Statutes, the Board of County Commissioners of Collier County created the Collier County Health Facilities Authority (the "Authority") by Ordinance No. 79-95 on November 20, 1979; and WHEREAS, Ordinance No. 79-95 provides that five (5) members shall be appointed to the Authority; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Collier County Health Facilities Authority has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Dr. Joan M. Colfer is hereby reappointed to the Collier County Health Facilities Authority for a 4 year term, said term to expire on October 9,2011. 2. This Resolution shall constitute a Certificate of Appointment and shall be filed with the Clerk of the Circuit Court as proVided by law. This Resolution adopted after motion, second and majority vote. DATED: October 9, 2007 ATTEST:" .' " DWIGHT,t. B'RoCK, .Clerk '. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 6" ltttst ..,.~,~! . stgnatur, OIly.' ~ By: . J ES COLETTA, ~ Approved as to form and legal sufficiency,: I ~ i. _.-" . . !; / Jeffre . Klat ow Chief sistant ounty Attorney Item # qB CP: 07-BCC-00370 Agenda ,_lqI07 Dote ~ Date l~i...lo7 Rec'd ~ ~.. 9 C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP .i Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines # I throu1?h #4, comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date ! (List in routinl! order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statffor additional or missing information. All original documents needing the Bee ehairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attornev's Office Agenda Date Item was October 9.2007 Agenda Item Nwnber 9C Aooroved bv the BCC Type of Document Resolution 2m? - oig(, Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Ucable. Yes (Initial N/A(Not A licable) 2. 3. 4. 5. 6. @ N/A I: Forms! County Forms! Bee Forms! Original Documents Routing Slir WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2007-286 ~ 9 C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT BARBARA MINCH ROSENBERG TO THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, the Board of County Commissioners of Collier County adopted Resolution No. 79-34, creating the Collier County Industrial Development Authority pursuant to the authority of Chapter 159, Part III, Florida Statutes; and WHEREAS, the Collier County Industrial Development Authority is composed of five (5) members with four-year terms; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Industrial Development Authority has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Barbara Minch Rosenberg is hereby reappointed to the Collier County Industrial Development Authority for a four year term, said term to expire on October 9,2011. This Resolution adopted after motion, second and majority vote. DATED: October 9, 2.007 ATTEST: .., DWIGPI'"f;E.' MoelS., Clerk.' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA (.:.... '. '. .... . ,........,. P Ilt~~\ ~'I'fIl,,~'INa s 19natul' ~ 0,.1. By'~~ JA S COLl: I I A, Chairman Approved as to form and legal sufficiency: J effre Chief --.-" . "- CP: 07-BCC-00369 J\gl~iida G;'itl' qe.-. Lol-~] !!fr7b7 !t0m# Oftt!::': R"c'd - I '90 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exccntion of the Chairman's silmature, draw a line through routing lines # I through #4, comDlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!! order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared thc executive summary. Primary contact information is necded in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing thc BCe Chairm,m's signature arc to be delivered to the Bce oflice only uilcr the BCC has acted to approve the item.' Name of Primary Staff Kay Nell. CLA Phone Number Extension 8400 Contact Collier Countv Attornev's Office Agenda Date Item was October 9. 2007 Agenda Item Number 90 AnDroved bv the BCC Type of Document Resolution 7P7 - 0111 7 Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike.through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of 'our deadlines! The document was approved hy the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. @ N/A t,'- Q9 I: Forms/ County Forms/ BCe forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 I 9 D RESOLUTION NO. 2007-287 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT LINDA HARTMAN TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE. WHEREAS, Collier County Ordinance No. 87-48 created the Golden Gate Estates Citizens Advisory Committee; and WHEREAS, Ordinance No. 87-48 was amended by Ordinance No. 94-40 which renamed the Committee the "Golden Gate Estates land Trust Committee;" and WHEREAS, this Committee is composed of 5 members; and WHEREAS, the term of one (1) member will expire creating a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided publiC notice soliciting applications from interested parties; and WHEREAS, the Golden Gate Estates land Trust Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Linda Hartman, representing the Phase I category, is hereby reappointed to the Golden Gate Estates land Trust Committee for a four-year term, said term to expire on October 13, 2011. This Resolution adopted after motion, second and majority vote. DATED: October 9, 2007 ATTEST: DWIGHT E. BROCK, ~Ierk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . <; , ! > ~ , . , By:" . :~ " ~,Dep ~. ..~ l'ilt\>l",niln , s 1:;i;'<;..-~;#4r. ';~d'_:\'''>''*' Approved as to form and legal uffi e cy: Jeffrey . latzkow Chief A si nt County Attorney , .1 CPo 07-8CC-00368 E~~ I "olo"da ...Jo/ol l [']hJ ~.~~-- r,ele lol.,/f)1 Rec\~ ~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP jj q E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,.. 'j THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board OtIice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceDtion of the Chairman's silmature, draw a line throul!h wIIlin!! lines #1 throul!h #4, comnlete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date I (List in routine ord~r) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CaNT ACT INFORMATION (The primary contact is the holder of the original document pending Bee: approval. Normally the primary contact is the person who created!prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the item) Name of Primary Staff Kay Nell. CLA Phone Number Extension 8400 Contact Collier Countv Attornev's Office Agenda Date Item was October 9. 2007 Agenda Item Number 9E Approved bv the BCC Type of Document Resolution ~t)) - ..tlr~ Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the doeument or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attaehed doeument. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. d9 N/A @ I: Forms! County Forms! Bce Forms! Original Document>; Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05 ..".~",.-.__.-_;._,,~'"_'_- ~ 9 E RESOLUTION NO. 2007-288 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT ADRIENNE L. MARKOPOLOS TO THE BLACK AFFAIRS ADVISORY BOARD. WHEREAS, the Board of County Commissioners of Collier County adopted Ordinance No. 91-38, as amended, creating the Black Affairs Advisory Board, and provides that the Advisory Board shall consist of nine (9) members; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Black Affairs AdviSOry Board has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, that Adrienne L. Marcopolos is hereby appointed to the Black Affairs Advisory Board for a four year term, said term to expire on June 25, 201l. This Resolution adopted after motion, second and majority vote. DATED: October 9,2007 ATTEST: DWIGHT E.. ~J\9fKi Clerk , ,,' "- !,;.~ , ., BOARD OF COUN1Y COMMISSIONERS COLLIER COUN1Y, FLORIDA /' By: " ~~., .... \~~>., It:?:~(o.t~ In:i ~I "~'''h....~:r,:,~'~i'',.....,'''"w" .'~ i ,':.""v",....ii ~ 'l......tt: :\' By: JA S COLETTA, Chairman Approved as to form and legal ufficiency: /1 -- '~- \ ~ Jeffre Chief Po si atzkow nt County Attorney cPo 07-BCC-00367 It-2m# qE: Agenda (_I J _.., Dstl ~~ 9E Bu.- (2.. T-krn t1 .E. KENNETH K. THOMPSON Attorney-at-Law 1150 Lee Boulevard, Suite 1 Lehigh Acres, Florida 33936 Phone: (239) 369-5664 Fax. (239) 369-8763 September 24, 2007 VIA TELECOPlER & U.S. MAIL David C. Weigel, Esquire Collier County Attorney's Office 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 RE: September 25, 2007 Agenda Item 9- E, Board of County Commissioners - Discussion regarding Collier County to take over the direction of the Collier County Housing and become in the primary functions of thc Authority (Commissioner Henning). Dear Mr. Weigel: Please accept this letter as setting forth my representation of the Collier County Housing Authority (hereinafter "Housing Authority') which I have had the pleasure to represented for more than twenty years. You cannot imagine the shock and surprise that Ms. Esmeralda Serrata, Executive Director of the Housing Authority, experienced when she was made aware late Friday afternoon of Commissioner Henning's agenda item in which he states that he wants to ". . . take over direction of the Collier County Housing Authority and become involved in the primary functions of the Authority." This item came as a complete surprise not to only to Ms. Serrata, but to everyone associated with Housing Authority. There has been no prior discussion from anyone about the possibility of dissolving the Housing Authority, nor is there any legal basis for the Board of County Commissioners to act to "take over the Housing Authority." Any such action on behalf of the Board of County Commissioners will be vigorously opposed by the Housing Authority. Once Ms. Serrata recovered from her initial shock and surprise, she called me and asked me to research the issues raised by Mr. Henning's agenda item. As you can imagine that there is a scarcity of case law on the issue of a county taking over the functions of a county housing authority because it has never been done. However, the Attorney General of Florida has addressed the issue in detail in Attorney General Opinions 77-92. In that opinion the Attorney General addressed two specific questions: 1. Is the Lee County Housing Authority a valid public corporation even though it has been inactive for a period of approximately 10 years? 2. Is the Lee County Board of County Commissioners authorized to rescind its resolution of February 23,1966, adopted pursuant to s. 427.27, F. S., which declared a need for the housing authority to function in Lee County and thereby declare the housing authority to be nonexistent? 9E David C. Weigel September 24, 2007 Page 2 As to the first question, the Attorney General answered in the affirmative, and as to the second question, the Attorney General answered in the negative. At first reading it may appear the questions answered by the Attorney General are not the same issue as raised by Commissioner Henning's agenda item, however upon closer inspection, the Attorney General's reasoning clearly prohibits Commissioner Henning's proposed action. Commissioner Henning's proposal may be based upon a faulty understanding of the relationship between Collier County and the Housing Authority. The Housing Authority is a separate and distinct legal entity from Collier County, and the Housing Authority is not an agency of the Board of the County Commissioners. As the Attorney General wrote: Section 421.27(1), F. S., states that '[in] each county of the state there is hereby created a public body corporate and politic to be known as the 'housing authority' of the county. . ..' (Emphasis supplied.) Pursuant to s. 421.08(1), F. S., a housing authority shall have perpetual succession. Thus, it is clear that it is the Legislature which has created the housing authority as a public or public quasi corporation. See O'Malley v. Florida Insurance Guaranty Association, 257 So.2d 9,11 (Fla. 1971), wherein the court listed housing authorities as examples of public corporations in Florida since 'they are organized for the benefit of the public.' In the absence of constitutional restriction, the Legislature is empowered to create a public corporation for the purpose of carrying out a state function. 81A C.J.S. States s. 141, p. 583. The Legislature defines the powers of such corporations, and they have only such authority as has been delegated to them by law. Forbes Pioneer Boat Line v. Board of Commissioners, 82 So. 346 (Fla. 1919). As they are creatures of the Legislature, public corporations or public quasi corporations may be abolished or eliminated by that body. 81 A C.J.S. States s. 141.( emphasis added). (Id). The single most important step that any Board of County Commissioners take in regards to a county housing authority is in the creation of the housing authority. Once the Board of Commissioners acts to create the Housing Authority, the Board of Commissioners no longer has any control or authority over the Housing Authority. Again, as the Attorney General states: The Legislature, however, has permitted the counties through their boards of county commissioners to decide whether or not they wish to activate the functioning of a housing authority within the confines ofthe county. It is well established that statutes may become effective on the happening of certain conditions or contingencies specified in the act or implied therefrom. Town of San Mateo v. State ex reI. Landis, 158 So. 112 (Fla. 1934); Gaulden v. Kirk, 47 So.2d 565 (Fla. 1950); Stewart v. Stone, 130 So.2d 577 (Fla. 1961). Such is the case with housing authorities, since s. 427.27(2), F. S., provides that a county housing authority may not transact any 9E David C. Weigel, Esquire September 24, 2007 Page 3 business or exercise its powers under Ch. 421, F. S., until or unless the board of county commissioners by proper resolution declares need for such authority to function in the county. However, the language ofs. 421.27(1) makes clear that it is the Legislature which has created and established the housing authority as a public body corporate and politic; the role of the county is to activate or initiate the functioning of the authority in the county. Under such circumstances, it is evident that the continued existence of the Lee County Housing Authority as a distinct and independent entity must be examined with reference to general principles relating to the status of public bodies created by the Legislature. (emphasis added). (IrJ). On July 12, 1966, the Board of County Commissioners of the County of Collier met in regular session and passed a Resolution Creating the Collier County Housing Authority Pursuant to Chapter 421, Florida Statutes. (See attached Exhibit "A"). Beyond the act of activating the Housing Authority the Board of County Commissioners have not further direct authority over the operations of the Housing Authority. The Governor appoints the board of the Housing Authority, and only the Governor may remove the board members of the Housing Authority. The Board of County Commissioners do not even have the ability to terminate the housing authority. "As county housing authorities are created by legislative act, the sole method of termination of their legal status is by legislative act. (Id.) More emphatically, in answering the ability of the Board of County Commissioners to rescind or deactivate the Housing Authority, the Attorney General wrote: At the outset, it should be noted that, as discussed in question 1, the Legislature has created and established a housing authority as a public body corporate and politic in each county of the state, and it alone possesses the power to abolish, dissolve, or terminate such authorities. Moreover, the commissioners of said housing authority are appointed by the Governor, he alone may fill vacancies in office of the commissioners of the authority, and they may be removed or suspended only by him 'in the same manner and for the same reasons as other officers appointed by the Governor.' Section 421.27(2), F. S. And, pursuant to s. 7(a), Art. 4, State Const., only the Governor may suspend such public officers for the reasons enumerated therein, and, upon the suspension, such officials may be removed only by the Senate. Accordingly, the board of county commissioners may neither 'deactivate' the housing authority nor remove the duly appointed commissioners of said body. See State ex reI. Kelly v. Sullivan, 52 So.2d 422 (Fla. 1951). (emphasis added). The remaining consideration is whether or not the board of county commissioners may suspend or terminate the operation and functioning of the county housing authority by rescinding its resolution of February 23,1966, declaring the need for the authority to function in the county. In other words, since the board of county commissioners is not authorized to abolish or dissolve the authority or to remove its commissioners from office, may the board by rescinding its earlier resolution effectively prohibit the authority from transacting any business or exercising its powers under Ch. 421, F. S.? I 9 Ew."P' David C. Weigel, Esquire September 24, 2007 Page 4 As noted in question 1, county housing authorities are public corporations or public quasi corporations. They are independent of, and with an identity separate from that of, tbe county or its governing body. Attorney General Opinion 064-117. (emphasis added). In State ex reI. Burbridge v. St. John, 197 So. 131, 134 (Fla. 1940), the Supreme Court discussed the nature of a municipal housing authority created pursuant to Ch. 421, F. S.: Thus there is created in substance and effect a real corporation, a separate and distinct corporate entity from that of the municipality, having power to contract with the municipality, and furthermore, a corporation which is not a municipality, its prime purposes being the construction and renting of dwellings or housing accommodations to tenants of a low income group for a reasonable rental price, in competition with private citizens. Nor is the Housing Authority of Jacksonville a mere agency of the City of Jacksonville. If such were the case, then the City of Jacksonville might be liable for the large indebtedness created or to be created by the Housing Authority. But the Act under which it was created did not intend that the Housing Authority should be a mere agency of the City Government. A county housing authority possesses the same powers and functions as a municipal housing authority; thus, the principles expressed in State ex reI. Burbridge v. St. John apply with equal force to a county housing authority. Although a county housing authority may be considered to be an agency of the county under certain statutes for certain purposes (see AGO 055-245), it retains an independent and separate corporate existence and is not a subordinate body of the county. (emphasis added). (Id. ). In conclusion, if Commissioner Henning, and the Collier County Board of County Commissioners, take any steps to" . . take over direction of the Collier County Housing Authority and become involved in the primary functions of the Authority, " the Collier County Housing Authority will vigorously oppose all such actions which are clearly beyond the authority of the Board of County Commissioners. Sincerely, '//c/JrA' /'7J,~~, , Kenneth K. Thompson / KKT/dlm cc: Esmeralda Serrata ." .-' 1-591 POOZ/004 H34 SllP-Z4~zoor OS:46am From-C,C,M,A +za9S5TTZ31 EXTRACTS fROM Tli~ ,v,: ~1j""ES OF ^ f1~':GJ:...N{ I~EETI~G Of 'THE UQf,R2I OF' COUXIY CO~.'\\ISSION2.RS Of IHE COUNTY OF CO~~i~R, STATE Of FLOR~OA HELD ON July 12, 1966 The Board of Coun-~y Co:r.:,,15510;,6;'5 01 rho COUi"lT'j of Colllor m~t jn Regular SQsslon at East Naplos. Florica, l.t 9,:30 a.cIOCK .-!l-.rll., on July 12;. 1966 ,The ~eeting W~~ c81lad to-ord~r by 7he C'nntrmu.n' upon Roll Call, ~hos$ present ~nd aDs60t ~iQra oS follows: , ,P~ESENT; De'i'lBV 'Pollv, Ch8.inrL<;ln E"rcll F. ~.~oo!"e. Vice~C~"H:d'rJila";1.. A. C~ P.a::"'.coC:{. Lester \~1'h~~8.?.cr ,I " B. !'-:. -Sent.~ll ABSENT -, none The following ro~olutlon waS ln7rod~ced by Lester Hhitoker SGconded by B. M. Sentell , reud In full ~nd considerod: , RESOLuno~ CREAT I:\G THE COLLI ER CQU:-.ITY HOUS It\G AUTHORITY PURSUANT TO CI1AP,ER ~21, FLORIDA STATUES WHEREAS, a petitIon has bean presented to this Board seeKIng thQ croatlOl"l of <I Housing AuihorJty In Colll()r county pursuant to the prov I s Ions of Ch~pto.- ~2i, llt. seq. t Florida" Statues, DIId WHEREAS, 5ald patition ~a5 been referrod to tne Super~ visor of Roglstr~tlon of Collier Cou~ty ~nd nas bee~ found to cQnt~ln tno slgnotwras of at leas~ ~w0nty five (25) pGr~ SoOS who ~ro residents and froeho:dars of SJld County, and WHEREAS, upon consldo~atlon 1~ has beon" found thot therE! Is Med for the crcuTlon of 5,,!d ~~ou5ii'lg I\u";-horlty and for 5~ld HOusIng Authority to funciio~ 11"1 CoI I iar County In vIew of the .fact. that illst:l,'''d1'~ry Zlf,d uoscdo Inhublted d\~ell- In9 ac<;omodatlooS exist in said cour,--:-y i:lnd th;J1" .hore 15 it shOrtage of sato'and $Oi'llt.:.ry c'l-'liling'i.lcCOr.,Oa',::d"lonS in sold county avai lnble to porsoos of low i~co~a at (ontols they evil af ford, and i'l'HERE:AS, tho Bc.ard of Courrty Co"l'~;\l~~iorwrs'of Cot liar, County In r~ochlng this dot6rminDtiQ~ h~~-~~kon Into cO~$ld- . Qra1'lon the dogr"OG of ov~rcrowdjn5. ~h'iJ .porcon"logo. ,ot 11lnd _1_ i - -- -------~. -. _._~~---_._..._._~_.__..-.~_._- .j an. i ! I I' I I \ i: \' ,i' ! \ ! I' .[ ,I I : \ I I I r9E 'I: \; 'i FX\ll~IT~ F- J-;-C<., SlIp-l4-l00r 08:46am From-C,C,I1,A tl3S65Hl3l H9S P003/004 H34 I. , ! 1 I \ \ '\ , I,ester "'hHo.)<er IT,oyed -,h.7 thO forogolng rosolutio~ I be adoptod a5 introduced aod r0~d, which ~~~io~ Wil~ s0con~od by \ B. M. Sentell Qnd. ,upon r~.i ,I ell j I tho "Aya5" :.;ild "NQ,/::1" Ii \ WGre as follow&: \'~ \, AYES, De....'ev POllY I .\' " '1 \ ;\ \, ! average, tho light, ~lr, ~p~co ~no vccosS DVul:~blo to the Inhabltilnts of tt'le aforo~lJ)d dwell ir'9 uccomodo':';oos, thtl ~Iza and arrangement' of thB rooms, tho silnltary facllltlos, and toe oxtent to which condli!ons exist In such buildings whl.::::' ondanger llie or prop~rty oy fire or o~hor CuU$es. NO'H, THEREFOr~.E, BE II R,SOLVEO tllat a Houslng Authorh,/ pursu~nt to Chupter ~21, florj~a S19Tues, DO ~nd tha same heroby ls creatod, ilc~lvQtcd, authorlzod to functIon u~d transact Its business a~c exercise its ~o~ers pursuant to said S~atu0 made ~nd provlcOd, anO 10 va kno~n 35 tho Colllor County Housing Authority. OO~~ A~O OR~~RE~ 7~is ~1 c~y of ,..I" "u" . 1966. .60A~J Of COUNTY COYMISS~ONERS' Of COLLIER GOUN1Y By DE\'If.Y POLLY Cj'~lti;'\an ATTEST: MARGARET T. SCOTT CI~rk of Circuit Court il. :1 'I " . , E'1ell F. VooOTe :",\," A. C. Ha.ncOck Lest.er 1{.'1i~al{Cr B. M. Sentell NAYS, none ,r 9 E ';lfI '~~ '. " ,: .horo~p~~ dGclurod &31d ~~7Io~ \ \ i ( Tho Chai :m.~n cbrrled and~al~ Re5vlu,lo0 udo?~od. _2_ i ----..-------- ------."-~--_.---.---'~- --," En\\f)IT-f~ i:':~. SlIP-24-20070Q:47arn From-C,C,H,A +1396571232 1-196 P004l004 H34 , 9 E STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Gourts in and for. the Twentieth Judicial Circuit, Collier County. Florida, do hereby certify that the foreBoing is a true and correct copy of: Extracts from the minutes of a Teg\lla~ meeting of the Board of County Commissioners of the . County of Collie!:. State of Florida, held on July 12, 1966 insofar as said originnl minutes relate co the matters in s~id attached extracts. I further certify that the copy of the Resolution appearing in said attached extracts is a true nnd correct copy of the Pesolution ad01,~ted et said meeting and on file ana of record in my office. as it appears in Minute Book 9 . Page (,) 326 and %4A under date of WITNESS my hand and the official seal of the Board of July 12. 1966 County Commissioners of Collier County, Florida. 'this ?'1nl day of July. 1980. WILLI~1 J. REAGAN, Clerk of Courts and Clerk Ex-officio to Board of County Commissioners By --p ,: : ) q., , ~ Deputy f3-t (1:-,... _~.., L...~, "- a..... Clerk / Advisory Legal Opinion - County housing authorities, county commission rgeeJ of Florida Attorney General Advisory Legal Opinion Number: AGO 77-92 Date: September 2,1977 Subject: County housing authorities, county commission James T. Humphrey Lee County Attorney Fort Myers QUESTIONS: 1. Is the Lee County Housing Authority a valid public corporation even though it has been inactive for a period of approximately 10 years? 2. Is the Lee County Board of County Commissioners authorized to rescind its resolution of February 23, 1966, adopted pursuant to s. 427.27, F. S., which declared a need for the housing authority to function in Lee County and thereby declare the housing authority to be nonexistent? SUMMARY: The Lee County Housing Authority created under Ch. 421, F. S., remains a valid public corporation or public quasi corporation even though it has been inactive for a period of approximately 10 years. A county housing authority is a distinct and independent entity created by the Legislature; therefore, only the Legislature may dissolve or terminate the existence of a county housing authority. Once the board of county commissioners has adopted a resolution declaring the need for a housing authority to function in the county, the repeal of such resolution or the adoption of a new resolution by the board declaring that there is no longer a need for the housing authority to function in the county will not operate to dissolve or terminate of suspend the functioning of the county housing authority. Section 421.27(1), F. S., in pertinent part, reads: In each county of the state there is hereby created a public body corporate and politic to be known as the 'housing authority' of the county; provided, however, that such housing authority shall not transact any business or exercise its powers hereunder until or unless the government body, or proper resolution shall declare at any time hereafter that there is a need for a housing http://myfloridalegal.com/ago.nsf/printview!D1FD 1 BF36FDE3F A385256598004D8A 1 C 9/24/2007 Advisory Legal Opinion - County housing authorities, county commission Page 2 of9 authority to function in and for said county . r 9 E Section 421.27(2), F. S., provides that, upon notification of the adoption of such resolution, the commissioners of a housing authority created for a county shall be appointed by the Governor. This section further states that 'each housing authority created for a county and the commissioners thereof. . shall have the same functions, rights, powers, duties, immunities and privileges provided for housing authorities created for cities and the commissioners of such housing authorities, in the same manner as though all the provisions of law applicable to housing authorities created for cities were applicable to housing authorities created for counties . ' In this regard, s. 421.04(3), F. S., provides: In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms, no further detail being necessary, that either or both of the above enumerated conditions exist in the city. Your letter advises that pursuant to s. 421.27(1), F. S., the Board of County Commissioners of Lee County on February 23, 1966, adopted a resolution declaring that there was a need for a housing authority to function in the county, and the Governor appointed the commissioners of the housing authority, which appointments were confirmed by the board of county commissioners on July 6, 1966. (It should be noted that s. 421.27 does not in express terms qualify or limit the Governor's appointive powers, other than requiring his appointees to be qualified electors of the county, or his suspension power and does not require the approval or the concurrence of the county commission for the appointment or removal or suspension of the commissioners of an county housing authority.) You state that 'there is no evidence of any work being accomplished by the commission[ers] and, upon expiration of their terms, no new appointments were made to the authority. ' You also advise that the housing authority remained dormant and inactive until March 1977, when a group of citizens requested that new members be appointed to the housing authority. However, the Lee County Board of County Commissioners adopted a resolution stating that there was no need to 'reactivate' the authority or to appoint new members to said body. Nevertheless, on June 20, 1977, the http://myfloridalegal.com/ago.nsf/printview/Dl FD I BF36FDE3F A385256598004D8A 1 C 9/24/2007 Advisory Legal Opinion - County housing authorities, county commission Page 3 of9 Governor appointed five members to the housing authority, members are 'prepared to conduct the activities of the authority pursuant to Florida law.' Your question must be considered, therefore, in light of these circumstances. Whi~ 9 E iiulio! It'' t~ AS TO QUESTION 1: Section 421.27(1), F. S., states that' [in] each county of the state there is hereby created a public body corporate and politic to be known as the 'housing authority' of the county . (Emphasis supplied.) Pursuant to s. 421.08(1), F. S., a housing authority shall have perpetual succession. Thus, it is clear that it is the Legis~ature which has created the housing authority as a public or public quasi corporation. See O'Malley v. Florida Insurance Guaranty Association, 257 So.2d 9, 11 (Fla. 1971), wherein the court listed housing authorities as examples of public corporations in Florida since 'they are organized for the benefit of the public.' In the absence of constitutional restriction, the Legislature is empowered to create a public corporation for the purpose of carrying out a state function. 81A C.J.S. States s. 141, p. 583. The Legislature defines the powers of such corporations, and they have only such authority as has been delegated to them by law. Forbes Pioneer Boat Line v. Board of Commissioners, 82 So. 346 (Fla. 1919). As they are creatures of the Legislature, public corporations or public quasi corporations may be abolished or eliminated by that body. 81A C.J.S. States s. 141. The Legislature, however, has permitted the counties through their boards of county commissioners to decide whether or not they wish to activate the functioning of a housing authority within the confines of the county. It is well established that statutes may become effective on the happening of certain conditions or contingencies specified in the act or implied therefrom. Town of San Mateo v. State ex re~. Landis, 158 So. 112 (Fla. 1934); Gaulden v. Kirk, 47 So.2d 565 (Fla. 1950); Stewart v. Stone, 130 So.2d 577 (Fla. 1961). Such is the case with housing authorities, since s. 427.27(2), F. S., provides that a county housing authority may not transact any business or exercise its powers under Ch. 421, F. S., unti~ or un~ess the board of county commissioners by proper resolution declares a need for such authority to function in the county. However, the language of s. 421.27(1) makes clear that it is the Legis~ature which has created and estab~ished the housing authority as a public body corporate and politic; the role of the county is to activate or initiate the functioning of the authority in the county. Under such circumstances, it is evident that the continued existence of the Lee County Housing Authority as a distinct and independent entity must be examined with reference to general principles relating to the status of public bodies created by the Legislature. http://myfloridalegal.com/ago.nsf/printview!Dl FD 1 BF36FDE3F A385256598004D8A 1 C 9/24/2007 Advisory Legal Opinion - County housing authorities, county commission Page 4 of9 ~ 9E .401! .", ~~'; '~ iF As county housing authorities are created by legislative act, the sole method of termination of their legal status is by legislative act. See AGO 076-236 wherein it was held that legislative failure to provide funds for travel expenses and staff of the State Board of Building Codes and Standards did not operate to abolish said board, and that the board continued in existence until statutory authority for its existence was either expressly or impliedly repealed by the Legislature. The courts have often applied this rule when considering the status of municipal corporations which have remained dormant for long periods of time. Thus, in Treadwell v. Town of Oakhill, 175 So.2d 777 (Fla. 1965), the court held that the town of Oakhill was a 'valid, subsisting municipality' notwithstanding the fact that the last meeting of the town commissioners was held on July 2, 1930. The court ruled that only the Legislature had the authority to abolish municipalities and that 'fa] non-user of municipa~ powers does not resu~t in disso~ution.' (Emphasis supplied.) Accord: Brown v. city of Marietta, 142 S.E.2d 235 (Ga. 1965), holding that a municipal charter had not expired or been forfeited although it had not been activated for 79 years and no city officials had even been elected or appointed; 62 C.J.S. MUnicipa~ Corporations s. 103, p. 230, stating that a municipal corporation may not surrender the municipal charter unless authority to do so has been conferred by law; AGO 076-96. Applying these principles to the analogous situation presented by your inquiry, I find no provision in either Ch. 421, F. S., or elsewhere in the statutes providing for the dissolution of a housing authority following the adoption of a resolution of need by the board of county commissioners as prescribed in s. 421.27(1) under circumstances where such housing authority has ceased to function or exercise its statutory powers. Compare s. 421.261, providing that within certain counties a municipal housing authority shall continue to function in all respects should the municipality be abolished; s. 421.28, providing that if the governing bodies of two or more contiguous counties declare by resolution that there is a need for a regional housiong authority, each county housing authority created by s. 421.27 shall immediately cease to exist except for the purpose of winding up its affairs; and s. 421.50, providing for the exclusion of a county from the area of operation of a regional housing authority. In this regard, it should be noted that legislation in other states provides for the dissolution of a housing authority if such authority has been inactive for a specified period of time. See, e.g., Mont. Rev. Code s. 35-146, providing that if, after a lapse of 2 years from the date of the creation of the housing authority, no housing project has been commenced or contract entered into for such purposes, then the governing body may adopt a resolution stating that there is no need for the housing authority to exist and that it should be dissolved. Upon serving a copy of such resolution upon the Secretary of State, the housing authority is dissolved, all its functions http://myfloridalegal.com/ago.nsf/printview/DIFD I BF36FDE3 F A385256598004D8A 1 C 9/24/2007 ..~-"...._,~--,_..,,,-,,._-~.~. ----.-,'.--...- Advisory Legal Opinion - County housing authorities, county commission ~ Page 5 of9 9E '~ cease, and the commissioners are discharged. Thus, if the Legislature had intended to establish a procedure whereby the existence of an inactive housing authority could be terminated, it could have easily done so. Cf. s. 165.051, F. S., providing for the dissolution of the charter of any existing municipality or special district. In the absence of such legislation, I can only conclude that the Lee County Housing Authority remains and is a valid public corporation or public quasi corporation even though it has been inactive for approximately 10 years. Your first question is answered in the affirmative. AS TO QUESTION 2: At the outset, it should be noted that, as discussed in question 1, the Legislature has created and established a housing authority as a public body corporate and politic in each county of the state, and it alone possesses the power to abolish, dissolve, or terminate such authorities. Moreover, the commissioners of said housing authority are appointed by the Governor, he alone may fill vacancies in office of the commissioners of the authority, and they may be removed or suspended only by him 'in the same manner and for the same reasons as other officers appointed by the Governor.' Section 421.27(2), F. S. And, pursuant to s. 7(a), Art. 4, State Const., only the Governor may suspend such public officers for the reasons enumerated therein, and, upon the suspension, such officials may be removed only by the Senate. Accordingly, the board of county commissioners may neither 'deactivate' the housing authority nor remove the duly appointed commissioners of said body. See State ex reI. Kelly v. Sullivan, 52 So.2d 422 (Fla. 1951). The remaining consideration is whether or not the board of county commissioners may suspend or terminate the operation and functioning of the county housing authority by rescinding its resolution of February 23, 1966, declaring the need for the authority to function in the county. In other words, since the board of county commissioners is not authorized to abolish or dissolve the authority or to remove its commissioners from office, may the board by rescinding its earlier resolution effectively prohibit the authority from transacting any business or exercising its powers under Ch. 421, F. S.? As noted in question 1, county housing authorities are public corporations or public quasi corporations. They are independent of, and with an identity separate from that of, the county or its governing body. Attorney General Opinion 064-117. In State ex reI. Burbridge v. St. John, 197 So. 131, 134 (Fla. 1940), the Supreme Court discussed the nature of a municipal housing authority created pursuant to Ch. 421, F. S.: http://myfloridalegal.com/ago.nsf/printview/DIFD 1 BF36FDE3F A385256598004D8A 1 C 9/24/2007 Advisory Legal Opinion - County housing authorities, county commission Page 6 of9 9E I' :~j Thus there is created in substance and effect a rea2 corporation, a separate and distinct corporate entity from that of the municipality, having power to contract with the municipality, and furthermore, a corporation which is not a municipality, its prime purposes being the construction and renting of dwellings or housing accommodations to tenants of a low income group for a reasonable rental price, in competition with private citizens. Nor is the Housing Authority of Jacksonville a mere agency of the City of Jacksonville. If such were the case, then the City of Jacksonville might be liable for the large indebtedness created or to be created by the Housing Authority. But the Act under which it was created did not intend that the Housing Authority should be a mere agency of the City Government. A county housing authority possesses the same powers and functions as a municipal housing authority; thus, the principles expressed in State ex re2. Burbridge v. St. John apply with equal force to a county housing authority. Although a county housing authority may be considered to be an agency of the county under certain statutes for certain purposes (see AGO 055-245), it retains an independent and separate corporate existence and is not a subordinate body of the county. Moreover, I find no provision in Ch. 421, F. S., which authorizes the board of county commissioners to divest the county housing authority of any of its powers under Ch. 421, should the board determine that there is no longer any need for the housing authority to function in the county. Cf. Moran v. La Guardia, 1 N.E.2d 961 (N.Y. 1936), indicating that the legislature could provide in the original law that the act shall cease to operate upon the adoption of a joint resolution determining that the emergency was at an end. Upon the adoption of a resolution declaring a need for a housing authority to function in the county, the discretion of the board with respect to the operation of a housing authority is at an end. In Orange City Water Company v. Town of Orange City, 188 So.2d 306, 309 (Fla. 1966), the Florida Supreme Court held that, once a board of county commissioners had by resolution invoked the provisions of Ch. 367, F. S., by bringing the water systems of the county under the jurisdiction of the Public Utilities Commission [now Public Service Commission], the board's repeal of said resolution 'was of no legal effect' and did not oust the jurisdiction of the commission to regulate the water systems in the county. The court relied upon a Wisconsin case--Northern Trust Co. v. Snyder, 89 N.W. 460 (Wis. 1902)--in holding that a special limited power, once executed, is exhausted and that, in the absence of legislative authority, the adoption of an option law is final, and cannot be undone. Accord: Attorney General Opinion 071-372. http://myfloridalegal.com/ago.nsf/printview/DIFD I BF36FDE3F A385256598004D8A I C 9/24/2007 Advisory Legal Opinion - County housing authorities, county commission Page 7 01'9 9E ;f'I l "-'1 ..~ Similarly, with respect to county housing authorities, the act of the board of county commissioners in adopting a resolution declaring the need for a housing authority to function exhausts the role of the board of county commissioners. The Legislature has not empowered the board to supervise or otherwise control the housing authority in any manner following the adoption of the resolution. In the absence of such legislative authorization, the board may not exercise any further control over the functioning of the authority. Ideal Farms Drainage Dist. v. Certain Lands, 19 So.2d 234 (Fla. 1944); Dobbs v. Sea Isle Hotel, 56 So.2d 341 (Fla. 1952); state ex re~. Greenberg v. Florida State Board of Dentistry, 297 So.2d 628, 636 (1 D.C.A. Fla., 1974); cert. dismissed, 300 So.2d 900 (Fla. 1974). An examination of decisions rendered in other jurisdictions supports the conclusions stated herein. In Housing Authority v. City of Los Angeles, 243 p.2d 515 (Cal. 1952), a municipal housing authority sought a writ of mandamus to compel the city to perform certain specified acts contemplated by a cooperation agreement entered into between them pursuant to California's housing authorities law (which is similar to Ch. 421, F. S.). The city had adopted a resolution which declared a need for the housing authority to operate, and subsequently passed an ordinance approving the development and construction of a low income housing project. It then entered into a cooperative agreement with the housing authority. [Section 1401(7) (b) (1) of the United States Housing Act (s. 42 U.S.C.A., s. 1401 et seq.) states that federal funds may not be expended for a housing project constructed pursuant to the act unless the governing body of the locality involved has entered into a cooperation agreement with the public housing authority.] Subsequently, the city passed a resolution canceling the cooperation agreement and setting aside the council's approval of the housing project. The court issued a writ of mandamus compelling the city to perform the acts stipulated in the cooperation agreement. In reaching its conclusion, the court rejected the city's contention that its action was justified because present conditions no longer necessitated the housing project: The city acted within its discretion in determining the local need for the functioning of the housing authority created by state act. All considerations of wisdom, policy and desirability connected with the functioning of a housing authority in the city. . became settled adversely to the adherents of the city's present position by the actions of the state and of the city in declaring the existence of need. Upon the formation of the housing authority the state law thereupon and thereafter controlled the city and the housing authority and no other law concerning the acquisition, operation or disposition of property is applicable to the authority except as specifically provided. http://myfloridalega1.com/ago.nsf/printview!D1 FD 1 BF36FDE3 F A385256598004D8A 1 C 9/24/2007 Advisory Legal Opinion - County housing authorities, county commission Page 80f9 9[' L. \ >4. [243 P.2d at 519.] Accord: State v. city Council of City of Helena, 242 p.2d 257 (Mont. 1952), holding that a city council may not collaterally impeach its finding of fact that there was a need for low income housing in the city. Similarly, in City of Paterson v. Housing Authority of Paterson, 233 A.2d 98 (N.J. 1967) a city sought to rescind the power theretofore given the authority to carry out redevelopment projects and transfer such undertakings to the city. The court noted that no stautory authority existed which would empower a municipality to effect a transfer of functions from the housing authority, and that no such authority would be implied. The court went further to note, at p. 105 of its opinion: To acknow2edge that the city possesses the power it here purports to exercise is tantamount to a determination that it may diss02ve the Authority aLmost at wi22. It is significant to note that in certain other statutes creating instrumentalities of a like nature and intended to perform functions similar to those entrusted to local housing authorities, the Legislature has made no specific provisions for dissolution. ., The inclusion of such provisions in certain acts and their exclusion in others, when all of the statutes are directed toward effectuating a single public purpose and were all enacted at or about the same time lends strong support to the conclusion that such exclusion was purposeful. (Emphasis supplied.) It is likewise significant to note that, in other jurisdictions, legislatures have provided for the dissolution of housing authorities by the appropriate governing body. See, e.g., 7 Gen. Law R. I. s. 45- 25-32, providing either the housing authority or the governing body may apply to superior court for dissolution of the authority upon a showing of payment or satisfaction of all the outstanding obligations of the authority. The failure of the Florida Legislature to make provisions for the exercise of the authority. The failure of the the housing authority by the county commission following the adoption of the resolution finding and declaring a need for it to function in the county or to authorize the county to thereafter dissolve or terminate or suspend the functioning of a county housing authority further supports my view that a county may not do so by rescinding its earlier resolution declaring a need for the housing authority to function in the county or by adopting a new resolution stating that there is no longer any need for the housing authority to function in the county. Your second question is answered in the negative. http://myfloridalegal.com/ago.nsf/printview!D1FD 1 BF36FDE3F A385256598004D8A 1 C 9/24/2007 Advisory Legal Opinion - County housing authorities, county commission Page 9 of9 r 9 E "":1' Prepared by: patricia R. Gleason Assistant Attorney General http://myfloridalegal.com/ago.nsf/printviewIDIFD I BF36FDE3F A385256598004D8A 1 C 9/24/2007 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP f , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP 9 .1'" f,~.' 2 Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception afthe Chairman's sip-nature, draw a line throul!h routing lines # 1 thrO\wh #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routine: order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board 0 f County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statTfor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier Countv Attornev's Office Agenda Date Item was October 9, 2007 Agenda !tem Number 9F Annroved by the BCC Type of Document Resolution ;bo? ~ :?-'b1 Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BeC's actions arc nullified. Be aware of our deadlines! The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) 2. 3. 4. 5. 6. @ N/A I: Formsl County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 - "-~",."","--,-~,-"""",,,""~'''~--''-'''.-'' 9F RESOLUTION NO. 2007-289 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO APPOINT LUIS ALEJANDRO BERNAL TO THE COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs Advisory Board, provided that the Advisory Board shall consist of seven (7) members; and WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by providing that the Hispanic Affairs Advisory Board shall consist of nine (9) members; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Hispanic Affairs Advisory Board has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Luis Alejandro Bernal is hereby appointed to the Collier County Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2011. This Resolution adopted after motion, second and majority vote. DATED: October 9,2007 ATTEST: DWIGHT. E;~OCK, Clerk ~<)) ..' ~(- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JA S COLETTA, Chairman Approved as to form and lega su ciency: \ Jeffre A Klatzkow Chief ss tant County Attorney I CP: 07-6CC-0 366 Page I of6 f;L6-R- I Q{07 mm lOA Transfer of Deve10pment Rights Search Page Collier County Rural Fringe Mixed Use District(RFMUD) - Transfer of Development Rights(TDR) Program SENDING AREA SEARCH (RFMUD) SITE Folio Number: Owner Name: Acreage Between: 0.1 TORs tor Sale Between: And 4.5 And Sort Order: Folio Number Search Enter the Folio Number, Owner Name, Acreage Range, or TOR's for Sale Range. Leave all fields blank to return all availahle records. TORs REFLECT BASE TORs, BUT MA Y NOT REFLECT BONUS TORs A V AILABLE PLEASE CONTACT COMPREHENSIVE PLANNING(Sce link below) FOR VERIFICATION OF TOTAL TORs FOR SALE. Contact Us: "IDRs!(.l,lcoll iergov .Ild Pott'ntial lllHs \.pplicltion St'\lTt'd Folio Nhr (h\IH.T \l.rl'a~(' for TIlRs '-alt.' TIlRs !'DR, 00180760008 SZCZERBANIUK. 4.19 0.84 0.00 0.00 000 GEORGE 00180840009 ADAMS JR. H CLARK 4.34 0.87 n.oo 0.00 o.on 00289320006 CALI & ASSOCIATES. 2.50 0.50 0.00 0.00 000 INC 00289400007 BRENNER. SHERRY 2.48 050 0.00 0.00 0.00 00289680005 HAYLOCK. RICARDO 4.34 0.87 0.00 noo o.on A & MILDRED M 00291040002 BAZAR. ELAINE R 2.50 0.50 0.00 0.00 0.00 00291120003 SIDOTI ET IIX. JOHN I 2.50 0.50 0.00 0.00 0.00 00291640004 HOLA WA Y. RIISSELI. 2.50 0.50 0.00 0.00 0.00 W 00291960001 BARTON JR. ROBERT 2.50 050 0.00 0.00 000 http://apps2.colliergov .net/webapps/vision/tdr/Default.aspx 9/24/2007 Transfer of Development Rights Search Page 10 Page 2 of6 A B 00300560004 ~RANT IR. WILLIAM 1.50 050 000 0.00 000 00300600003 MC KAIN, PAI!L 2.50 050 0.00 0.00 0.00 CRANDALL 00300640005 MC KAIN. 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RlIN HE 3.80 0.76 0.00 0.00 0.00 00306920004 LIE, RUN HE 3.80 076 0.00 0.00 0.00 003158&0009 D/lERZLSKI,MICHAEL 4.35 0.&7 0.00 0.00 0.00 , 00319800001 LQUITY TRUST 2.07 041 000 0.00 000 COMPANVI R 00320000007 PLOCK, NEIL F & 2.50 0.50 0.00 0.00 0.00 JUDY ANN 00320040009 SPATHAROS, SANDRA 2.50 0.50 0.00 0.00 000 S 00321120009 GIBSON HAL JACK 063 11. 13 100 0.00 0.00 00321160001 BROWN JRI R. JAMES 3.60 0.72 0.00 0.00 0.00 A OOP I '00000 FORSYTH, WILLIAM I'. 0.38 0.08 0.00 0.00 0.00 .- - & AUDREY F 00321240002 BERMAN. RICHARD F 0.38 0.0& 0.00 0.00 0.00 00321400004 PERSAD,KHALI 1.00 0.20 0.00 0.00 0.00 00322040007 MCMAHON, DANIEL 4.00 0.80 0.00 0.00 0.00 003220&0009 KULLlX TERESA 1.00 0.20 0.00 0.00 000 00322400003 STEWARD, ANGELA 2.27 0.45 0.00 0.00 0.00 KRISTINE 003230&0008 CONNOLLY. THOMAS 2.50 0.50 000 0.00 0.00 & LINDA LOll 00324360002 FAUST, RICHARD A 1.00 0.20 0.00 0.00 000 . 0032440000 I HAMMAN. 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GRH;ORY T 4.24 0,85 0.00 000 0.00 01134136000 I FILLMORE LLC 4.24 0.85 000 000 11.00 00341680008 HAYLOCK. MICHAEL 2.50 0.50 0.00 000 0.00 IRVIN 00341720007 IANCOS. GEORGE 0.76 0.15 000 0.00 0.00 0034 I 76000l) LANCOS. GEORGE 138 0.28 0.00 000 0.00 00341800008 IANCOS. GEORGE 0.87 0.17 0.00 0.00 0.00 http://apps2.colliergov .net/webapps/visionltdr/Default.aspx 9/24/2007 Transfer of Development Rights Search Page Page 4 of 6 10 A 00341840000 LANCOS. GEORGE 0.87 0.17 000 0.00 0.00 00341920302 FILLMORE LLC 4.25 0.85 0.00 0.00 0.00 00]45]20005 SPARACINO SR. 2.50 0.50 0.00 0.00 000 DOMINIC D 00345360007 HUSSEY TR. SEAN 12:; 0.25 0.00 0.00 0.00 MEADE 00345400006 PERElRO 1.84 0.37 0.00 000 0.00 TR.EDUARDO 00353600005 BELLE MEADE 2:;0 0.50 0.00 000 0.00 PARTNERS 00353640007 (;REEN ACRES 2.27 OA5 0.00 0.00 0.00 O)J --(8)) 9 CENTURY DEV OE 206 OAI 0.00 0.00 000 I. ).1 110 COLI.IER CTY INC 00]53 nOOO8 BELLE MEM)E 2.27 OA5 000 0.00 0.00 PARTNERS 00396120005 US HOME CORP. 2.03 OAI 000 0.00 0.00 00396:;60005 HURLEY. .lAMES 2.50 0:;0 000 0.00 0.00 00396640006 LEVANGIF. THOMAS 0.83 0.17 0.00 1.00 1.00 00396920001 BAIER. .lAMES L 2.50 0.50 0.00 0.00 0.00 00397160006 MADERAI.-COZAD. 2.50 0.50 0.00 0.00 0.00 ANN 00397320008 VACHON. DENNIS.I & 2.50 0.50 000 0.00 0.00 DOREEN 00397400009 MACDONALD TR. C 2.50 0.50 0.00 000 000 00397480003 EPIC COMPONENTS 1.18 0.24 0.00 1.00 1.00 INC 00397520002 ICKES. HEIDI 1.04 0.21 0.00 1.00 1.00 00397560004 FOX. KENNETH .I & 1.04 0.21 0.00 0.00 0.00 SHIRLEY A 00397600003 FOX. KENNETH .I & 1.04 0.21 0.00 0.00 0.00 SHIRLEY A 0039764000' BULLARD 1.04 021 000 1.00 1.00 CONSTRUCTION.INC. 00.197680007 BULLARD IAO 028 0.00 1.00 1.00 CONSTRUCTION.INC 00397720006 BULLARD 1.04 021 0.00 1.00 1.00 CONSTRUCTlON.INC 00397760008 RUSSELL. NOELLA 1.04 0.21 0.00 1.00 1.00 00397800007 ~~I~~)~.. ~OBERT C & 104 021 0.00 000 0.00 00397840009 LEVANGIE. THOMAS 1.04 0.21 0.00 1.00 1.00 00397880001 IlISSl'LL. NOELLA 104 021 000 1.00 1.00 01 -97'POO( 0 BULLARD 1.04 0.21 0.00 0.00 0.00 I, - ) CONSTRUCTlON.INC. 00397960002 BUl.LARD 1.04 0.21 0.00 1.00 100 CONSTRI lellON. INC BUl.LARD http://apps2.colliergov .net/webapps/vision/tdr/Default.aspx 9/24/2007 Transfer of Development Rights Search Page Page 5 of6 10 A 00J98000000 CONSTRUCTION. INC 1.40 0.c8 0.00 1.00 1.00 0039804000c O'NEILL. JAMES 1.04 O.C I 000 1.04 1.04 00398080004 REARDON.PATRICIA 1.40 0.28 0.00 1.40 1.40 003981 cIJOO3 REARDON. PA TRICIA 1.04 O.C I 0.00 1.04 1.04 00398160005 REARDON. PATRICIA 1.08 0.22 000 1.08 1.08 00398c40006 ANDERSON. ANGELA c.50 0.50 0.00 0.00 0.00 M 00398680006 KURTH. .11M LEE C.SO 050 0.00 0.00 0.00 00414c40003 MARRERO. (JNAIDA c.50 0.50 0.00 0.00 0.00 00415880006 KURUI'. 2.50 050 0.00 000 0.00 RADHAKRISHNA K 00416160000 PIPER TR. JOHN A 2.50 0.50 0.00 0.00 0.00 00416240001 LASTRA. TOMAS .I c.50 050 000 0.00 0.00 004.18000009 TOLI.-RATTLLSNAKI' c.67 0.53 0.00 0.00 0.00 L.L.C 004.18160004 rOLL-RATTL.ESNAKE 2.63 0.53 000 0.00 0.00 LLC 004.18.160600 1'~~_L-RATTlESNAKE c.67 0.5.1 0.00 0.00 0.00 00454480001 PHANTlIANIVClNG. 3.75 0.75 0.00 0.00 000 THONG 00456040009 GONZALEZ. ROBERTO 4.33 0.87 0.00 0.00 0.00 00456080001 RODRIGUE/. MANtlEL 41.1 0.83 0.00 0.00 0.00 004561 cOOOO GONZALEZ. A VISAI 4.1.1 0.8.1 0.00 0.00 0.00 0045616000c GONZALI.Z III. 4.33 0.87 000 0.00 000 ROBERT 004S6C80005 IIABR. OUSSAMA A & 4.13 0.8.1 000 0.00 I)()O SONIA R 00456 noooc FAJARDO. JOSE M 4.33 0.87 0.00 0.00 0.00 00456760004 JIMENEZ. MIGUEL 4..1.1 0.87 0.00 0.00 0.00 00456880007 LOPEZ. SIXTO & 4.13 0.8.1 0.00 0.00 0.00 ELENA 00456960008 EAJARDO. MARIANO 4..14 0.87 0.00 0.00 0.00 E 00457040008 POORMAN. KIM W l.c5 0.25 0.00 0.00 0.00 00457081009 F & F LAND LI.C 4..14 087 0.00 000 0.00 00458c4cl06 FLA WEST COAST 0.28 0.06 0.00 000 0.00 RANCHES INC "( '0040000 THOMSON TR. 2.50 I!.SO 0.00 0.00 0.00 j-)j GEORGE D .1c6.100800(JC ORMESH. ERANK 250 0.50 000 000 0.00 .12630120001 BUIVIDAS. ANN c.50 (UO 0.00 000 000 .126.103COOO5 HOBSON. CHARLES E 0.53 0.11 0.00 0.00 000 .1c6.10.160007 ~IANCAGLlNI. TONY 4.c5 O.8S 0.00 0.00 0.00 http://apps2.colliergov .netlwebapps/visionltdr/Default.aspx 9/24/2007 Transfer of Development Rights Search Page 32630680004 IHOMSON TR. 2.50 0.50 0.00 GEORGE D 32630720003 ORMESH. FRANK 2.50 0.50 000 32631160002 LEI(iHTON, ERIKA 2.20 044 0.00 32631200001 I.EIGHTON, ERIKA 2.81 0.56 0.00 32631400005 THOMSON TR, 2.50 0.50 000 GEOR(;E D 32631440007 THOMSON TR. 2.50 0.50 0.00 (,EORGE D 32631480009 THOMSON TR, 2.50 050 0.00 GEORGE D 32631520008 THOMSON TR, 2.50 0.50 0.00 (,EORGE I) 32631600009 LODATO. MADELINE 170 0.34 000 32631640001 LODATO, MADELINE 170 0.34 0.00 32631960008 LODATO. MADELINE 1.70 0.34 0.00 ,2632000006 LODATO. MADELINE 170 0.34 0.00 32632160001 BARILE. ANTHONY S 2.50 0.50 000 & JOSEPHINE 32632200000 SPINA. LOUIS A & 2.50 050 0.00 ASSUNTA M ,2634960005 DERENTHAL VICKI A 2.50 0.50 000 Page 6 of6 10 A 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 1.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 000 0.00 0.00 0.00 'ill'ill' 1111(" i I,t',. li'\f 'I~;I,! n,! i r,jll)!Ulllii :,1 I-J(Ij,Ir" I!qll I f'jH)I',I'){'lj/4F.YJ') 'II i I i.II!ll"1 I VV('j,sl1.:' i j, \,.1, 'I""j l\,'i',i'Jli ild':'II".t '.11,,(,','11' 1",,/,;,- http:// apps2 .co lIiergov .net/webapps/visionltdr/Default.aspx 9/24/2007 10 A Lot of record: A lot of record is (1) a lot which is part ofa subdivision recorded in the public records of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit ofland or water under common ownership which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been so recorded in the public records of Collier County, Florida, on or before the effective date of this LDC; or (3) a lot, parcel, or the least fractional unit ofland or water under common ownership which has limited fixed boundaries, for which an agreement for deed was executed prior to October 14, 1974, if within the Coastal Area planning district and January 5, 1982, if presently within or previously within Immokalee Area planning district prior to May 1, 1979. IDA Page 1 of 1 1 Quti /, ;;'",.> / / gOt; X 330 0.. bY ,,&(; 10/1/2007 http://maps.collierappraiser.comloutput/ColIier_2007 _ SDE024636222846916.jpg Details lOA Page 1 of 1 Property Record Sketches 'if' ell Folio No.1 00321120009 Current Ownership Property Address NO SirE ADDRESS ~ Owner Name GIBSON ET AL. JACK Addresses % JACK OR CAROLYN GIBSON 10100 SAINT PAUL RD City NORTH FORT MYERS State FL Zip 33917 - 5122 Legal 244927 S1/2 OF NE1/4 OF SE1/4 OF NW1/4 LESS E 476FT + LESS W 100FT BEING A STRIP OF LAND 84FT X 330FT .63 AC *For more than four lines of Legal Description please call the Property Appraiser's Office. Section II Township 1i Range Acres 24 49 27 0.63 Sub No. I 100 ACREAGE HEADER ..I~ Use C9.de I 99 NON-AGRICULTURAL ACREAGE Ma No. 4C24 Strap No. 492724034.0004C24 j:'; MIII;!lHl.Area 62 ~ MjI~ 11.9374 2007 Preliminary Tax Roll (Subject to Change) Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value I $ 12,600.00 Date Book - Page Amount (+) Improved Value $ 0.00 07 1 2004 3807 -1618 $ 0.00 (=) Market Value $ 12.600.00 03 1 2000 2652 - 2836 $ 0.00 H SOH Exempt Value $0.0 10/1965 '\ 200 - 50 $ 800.00 (-) Assessed Value $ 12.600.0 / (-) Homestead and other Exempt Value $ 0.00 - (=) Taxable Value $ 12.600.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?Map=No&Folio1D=OOOOOOO321120009 10/112007 lOA Page 1 of/ ''', '~-"("".'"'-"".~.., ~ " , . ~___!llZGlL'tI'""".._..~~_~ . > ..."<<,, "'-''''''i'>._.. " ,;, ' 1 , , ; '~ ",.. '. " """ - " .,. rIll- 6fPJ1;e1 http://maps.collierappraiser .com! output/Collier _ 2007 _ S DE02463 6222846820 .jpg 10/1/2007 Details Page 1 of 1 10 A 1 Property Record Sketches ~ Folio No.1I 00398160005 Current Ownership Property Addressll NO SITE ADDRESS ~ Owner Name REARDON, PA TRICIA A Addresses JEREMIAH REARDON 7851 SE 131ST AVE City MORRIS TON State Fl Zip 32668. 5071 legal 1 50 26 COMM NW CNR. E 2643.2FT. S 200FT TO POB. S 136.89FT. S 87 DEG W 329FT. N 149.87FT. E 328.68FT TO POB "For more than four lines of Legal Description please call the Property Appraiser's Office. Section II Township ~ Range II Acres 01 II 50 26 1.08 Sub No. I 100 ACREAGE HEADER ~ Use C.otle 99 NON-AGRICULTURAL ACREAGE Map No. 5B01 Strap No. 502601 046.0005B01 ~ Millag'A~ 1 -:'; MilJaM 12.8694 2007 Preliminary Tax Roll (Subjectto Change) Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll land Value II $ 54.000.00 I (+) Improved Value $ 0.00 (=) Market Value $ 54,000.00 (_) SOH Exempt Value $ 0.00 (=) Assessed Value $ 54,000.00 H Homestead and other Exempt Value $ 0.00 (=) raxable Value $ 54.000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 08 I 2006 06 I 2004 01/ 2002 01/2001 07 / 2000 Book - Page 4093 - 43 3583 - 2736 2968 - 717 2768.1 2693 - 2253 Amount $ 0.00 $ 45.000.00 $ 33.400.00 $ 20.000.00 $ 0.00 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?Map=No&FolioID=0000000398160005 10/1/2007 1 0 Aage 1 of 1 I -rfJl 6J'/1.1?~ http://maps.collierappraiser.com/output/Collier _ 2007_ SDE0221 04220046207 .jpg 10/1/2007 Details Page I of I IDA 1 Property Record Sketches i;oj, ~ Folio NO.~ 00397520002 Current Ownership U Property Addressll4415 BENFIELD RD cEj, 2iI Owner Name ICKES. HEIDI Addresses 6170 12TH AVE SW City NAPLES State FL Zip 34116-4808 Legal 1 50 26 COMM NW CNR. E 2643.2FT. S 200FT. W 328.68FT. S 149.87FT TO POB. S 138FT. S 87 DEG W 329FT. N *For more than four lines of Legal Description please call the Property Appraiser's Office. Section Ii Township Ii Range Acres 01 50 26 1.04 Sub No. 100 ACREAGE HEADER ~ Use Code 99 NON-AGRICULTURAL ACREAGE Map No. 5B01 Strap No. 502601 030.0005B01 ~ MiUamt.Area 1 ~ MlUa~ 12.8694 2007 Preliminary Tax Roll (Subject to Change) Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 52,000.00 (+) Improved Value $ 0.00 (=) Market Value $ 52.000.00 H SOH Exempt Value $ 0.00 (=) Assessed Value $ 52.000.00 (_) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 52.000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 06 / 2005 01 / 2005 01/ 2002 01/2001 07 / 2000 Book - Page 3818 - 4095 3713 - 3940 2968 - 719 2768 - 3 2693 - 2253 Amount $ 0.00 $ 72,500.00 $ 33.400.00 $ 20.000.00 $ 0.00 The Inlonnalion is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?Map=No&FolioID=0000000397520002 10/1/2007 Page 1 of 1 10 A ".~ ~..........,,,,,~_.,,,,._._., ,( , ,~ ~_ , , -""'-'"""-~~"~""~~"""',"'"",iW:'4:;...:., . , ""~V'li"""'" ~_'" " , . ~ " " " " - . "7ft 0p4YJJeJ http://maps.collierappraiser.com/output/Collier_2007 _ SDE024636222846830.jpg 10/1/2007 Details Property Record Sketches ,:?~ 8fI Folio No.11 00397480003 Current Ownership II Property Addressll4408 BENFIELD RD Owner Name EPIC COMPONENTS INC Addresses 5760 SHIRLEY ST STE 14 City NAPLES State FL lOA ~ Page 1 of 1 Zip 34109 -1821 Legal 1 50 26 COMM NW CNR. E 2643.2FT, S 200FT. S 136.89FT. S87DEG W 329FT TO POB. S87DEG W 329FT. N 162.84FT. S89DEG E "For more than four lines of Legal Description please call the Property Appraiser's Office. Section II Township ~ Range Acres 01 50 26 1.18 Sub No. 100 ACREAGE HEADER ~ VS~ Code. 99 NON-AGRICULTURAL ACREAGE 2007 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 59,000.001 (+) Improved Value $ 0.00 (=) Market Value $ 59.000.00 (_) SOH Exempt Value $ 0.00 (=) Assessed Value $ 59,000.00 H Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 59.000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Map No. 5B01 ~ Millage__~~a 1 Latest Sales History Date 01/ 2002 01/2001 07/ 2000 Book - Page 2968 - 717 2768 -1 2693 - 2253 The Information is Updated Weekly. Strap No. 502601 029.0005B01 ~ Mlllag!! 12.8694 Amount $ 33.400.00 $ 20.000.00 $ 0.00 http://www.collierappraiser.com/RecordDetail.asp?Map=No&F olioID=0000000397 480003 I 0/1/2007 lOA Page 1 of 1 if/I<. (;ra;? /<:-~ http://maps.collierappraiser.comloutput/Collier _2007_ SDE0221 0422088424.jpg 9/24/2007 Details Page 1 of 1 10 A Property Record Sketches ~ Folio No.~ 00396640006 Current Ownership Property Addressll NO SITE ADDRESS ~ OWner Name LEV ANGIE. rHOMAS Addresses 3730 RECREATION LN City NAPLES I Statell FL Zip~ 34116 -7328 Legal I 1 5026 FROM NW CNR OF SEC 1. S89DEG E 2643.2FT. S 200FT, SLY 1240.89FT TO POB SLY 61.91 FT, S88DEG W 658FT, N 47.36FT. *For more than four lines of legal Description please call the Property Appraiser's Office. Section ~ Township II Range II Acres 01 50 26 I 0.83 Sub No. I 100 I ACREAGE HEADER _/~ U$e Code 99 NON.AGRICUL rURAL ACREAGE Map No. 5B01 Strap No. 502601 008.0005B01 ~ Millage_A~_a 1 ,/~ Millage 12.8694 2007 Preliminary Tax Roll (Subject to Change) Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 41,500.00 II (+) Improved Value $ 0.00 I (=) Market Value $ 41.500.00 (-) SOH Exempt Value $ 0.00 I (=) Assessed Value I $ 41,500.00 I H Homestead and other Exempt Value I $ 0.00 II (=) Taxable Value I $ 41,500.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date II Book - Page II Amount I 09 / 2006 II 4102 -1948 II $0.00 I 07 / 2004 I 3601 - 758 I $ 0.00 01/ 2002 2968 - 733 $ 33,400.00 01/2001 I 2768 - 17 $ 20.000.00 07 / 2000 I 2693 - 2253 $ 0.00 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?Map=No&FolioID=0000000396640006 9/24/2007 lOA Page 1 of\l rloi.V 4/~ http://maps.collierappraiser.com/output/Collier 2007 SDE021504417246090.jpg 10/1/2007 -,-,.,.,~---._...~---~._-------~._,- Details 10 AagelOfl Property Record Sketches ~ Folio NO.II 00324560006 Current Ownership Property Address" NO SITE ADDRESS ~ OWner Name THAYER, KAREN E Addresses 44 OLD WAQUOIT RD City EAST FALMOUTH State MA Zip 02536 - 8513 Legal 244927 NW1/4 OF NW1/4 OF NE1/4 OF NE1/4 LESS N + W 30FT 2.07 AC OR 1567 PG 2293 Section ~ Township ~ Range I Acres 24 49 27 2.07 Sub No. ~ 100 I ACREAGE HEADER ....'~ LJ$~Code ~ 99 I NON-AGRICULTURAL ACREAGE II Map No. 4C24 II Strap No. I 11492724116.0004C24I ,~ MlUa-9-@Area 62 ~ Millage 11.9374 2007 Preliminary Tax Roll (Subjectto Change) Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 41.400.00 Date (+) Improyed Value $ 0.00 10/1990 (=) Market Value $ 41.400.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 41,400.00 (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 41.400.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Book ~ Page 1567 - 2293 Amount $ 0.00 The Infonnation is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?Map=No&FolioID=OOOOOO0324560006 10/1/2007 Details Page 1 of I IDA Property Record Sketches gj Current Ownership ~ I Folio No.1I 00319800001 II Property Addressll NO SITE ADDRESS I Owner Name EQUITY TRUST COMPANY TR Addresses IRA ACCOUNT NUMBER TRUST 225 BURNS RD City EL YRIA II Statell OH II Zipll 44035 - 1512 Legal 244927 NE114 OF NW114 OF NE1/4 OF NE114 LESS N 30FT 2.07 AC OR 649 PG 285 Section II Township II Range :1 Acres II Map No. II Strap No. I 24 II 49 II 27 2.07 4C24 11492724002.0004C241 Sub No. I 100 I ACREAGE HEADER ~ MiIlag~ Area " ..-:') MUla~ "'~ Use Gode II 99 NON-AGRICULTURAL ACREAGE 62 II 11.9374 2007 Preliminary Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 41,400.00 Date Book - Page Amount (+) Improved Value $0.00 1112005 3936 - 787 $ 60.000.00 (=) Market Value $ 41.400.00 05/1976 649 . 285 $0.00 H SOH Exempt Value $0.00 (=) Assessed Value $ 41,400.00 H Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 41.400.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?Map=No&FolioID=OO00000319800001 10/112007 _.~_____.__._,..__ _ W'.'__O'__'~'_"_ ." ._~"--"--'--'- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE Print on pink paper Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to I:Jc forwarded to the Board Office only ~ftcr the Board has taken action DO the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the f exception {} the Chairman's Signature, draw a hoc through routing lmes #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. ... 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 10 -lID -(j~ 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees ahove. including Sue Filson, need to eonlaet staff for additional or missing information. All original documents needing the BCe ~hairman's signature arc to be delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Number of Original Documents Attached 1. Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts. agreements. ete. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCe Chairman and the Clerk to the Board The Chairman's signature line date has heen entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials arc re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BeC's actions arc nullified. Be aware of our deadlines! The document was approved by the BCC llnlf2- -0 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's OfflL'e has reviewed the chan es, if a licable. 1 Yes (Initial) N/A(Not A Iicable) 2. 3. 4. 5. 6. I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS OriginaI9.0:U)4. Reviscd 1.26.05, Reviscd 2.24.05 'iJ (~ I' , ce. \._ RESOLUTION NO. 2007----bCj-l- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLARIFYING ITS INTENT AS TO THE CHARACTER OF THE PROPERTY INTEREST IDENTIFIED AS PARCELS 801, 802, 803 AND 804 IN RESOLUTION 2007-89, AND AMENDING SAID RESOLUTION TO CORRECT A SCRIVENER'S ERROR (CAPITAL IMPROVEMENT ELEMENT NO. 291, PROJECT NO. 51101). .' WHEREAS, on April 10, 2007, the Board of County Commissioners of Collier County, Florida, after consideration of alternative routes and locations, long range planning, costs, safety and environmental concerns, adopted Resolution No. 2007-89, authorizing the use of its eminent domain power to acquire those parcels identified in Exhibit "A" of the Resolution for the construction of stormwater improvements known as Phase One of the Lely Area Stormwater Improvements Project (LA SIP) located in east Naples; and WHEREAS, the legal descriptions and sketches and for Parcels 801, 802, 803 and 804 (being pages 9, 10, 13 and 14 of Exhibit "A" to said Resolution) were correctly identified as "Fee Simple Interest," but, as a result of a scrivener's error, the words "Perpetual, Non- Exclusive Drainage Easement" were inadvertently included in the introductory verbiage of the legal description; and WHEREAS, the project number 511012, identified in the title of Resolution 2007-89, incorrectly includes the sixth digit "2," which digit is appended to a project number in order to designate the funding cost center; and WHEREAS, the Board desires to clarify its original intent in the adoption of Resolution 2007-89 and to correct the afore-described scrivener's errors by amending the resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The above recitals are true and corrected and incorporated herein. 2. It was and is the intent of the Board of County Commissioners to authorize the condemnation of a Fee Simple Interest in Parcels 80 I, 802, 803 and 804, as identified in Exhibit A-I attached hereto. 3. Resolution 2007-89 is hereby amended to correct scrivener's errors by removmg erroneous and inconsistent verbiage, "perpetual, non-exclusive drainage easement," contained on pages 9, 10, 13 and 14 of Exhibit A to Resolution 2007-89, and by substituting the 5-digit project number of 51101. 4 It"\, r" , ; ';':,~ \, . THIS RESOLUTION IS ADOPTED this ~ day of 0 ctobu ,2007, after motion, second and majority vote. ..,~\fl.";' ~.>'// <,,,<, AT1:EST: . t.-_ ", ,,''- . DWGRTE.BROCK. Clerk ~~ 11 gnaturl!' IQ{r.l. ,- . - BOARD OF COUNTY COMMISSIONERS :~COZ~J'U AMES COLETTA, Chairman Approved as to Form and Legal Sufficiency h vi%//~~ Ellen T. Chadwell Assistant County Attorney Condemnation Resolution Page 2 108 EXHIBIT A - \ Page I 01:1(: PROJECT NO. 511012 PROJECT PARCEL NO. 801 FOLIO NO. 60780040003 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 30 FEET OF LOT 1, BLOCK "A," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 1 ( BLOCK "A" ) N FEE SIMPlE INTEREST SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Department 08/101074:20 PM 10 B EXHIBIT A ~ I Page z. of ~ PROJECT NO. 511012 PROJECT PARCEL NO. 802 FOLIO NO. 60781160005 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 30 FEET OF LOT 1, BLOCK "B," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 1 ( BLOCK "B" ) N FEE SIMPlE INTEREST SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Department OB/10107 4:21 PM 10 B EXHIBIT A-J Page :3 of-:r PROJECT NO. 511012 PROJECT PARCEL NO. 803 FOLIO NO. 60782320006 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE WEST 30 FEET OF LOT 1, BLOCK "C," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 1 ( BLOCK "C" ) N FEE SIMPLE INTEREST SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Department 08110/07 4:21 PM 108 '1 EXHIBIT A - I Page .-A.-of 4 PROJECT NO. 511012 PROJECT PARCEL NO. 804 FOLIO NO. 60784520008 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 30 FEET OF LOT 31, BLOCK "E," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 31 ( BLOCK "E" ) N FEE SIMPLE WTEREST SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Department 08/10/074:21 PM ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 U v TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Hoard Office. The completed routing slip and original documents are to be forwarded to the Board Office only !!flY the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention oCtile Chairman's sitmature, draw a line throue.h routinQ' lines #1 throul!h #4, comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routinQ" order\ ~ J. ----- --- --- 2. ---------- ------ 3. ------------ 4. - 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needcd in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to he delivered to the Bee otliee only aftcr the Bee has acted to approve the item.' Name of Primary Staff K~\i'II--~ t'-tCt--(C'i;:\ (" ie Phone Number j~~F'/1 "I Contact " Agenda Date Item was () (-[ . c ;;'cC7 Agenda Item Number Ir' ADDroved bv the BCC 1 , ,...' C Type of Document K"- \ () 1/~'\V Number of Original I Attached )(:1[.l/l ,C/o-,I Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is a fO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney' 5 Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on I (i. '1- c7(enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. N/A(Not A licable) // ~ ,/ 2. 3. 4. 5. 6. I: FormsJ County FormsJ Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 lOC RESOLUTION NO. 2007- ?q? A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFf OR PURCHASE OF THE FEE SIMPLE AND THOSE PERPETUAL AND TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF ROADW A Y, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM WEST OF WILSON BOULEV ARD TO EAST OF EVERGLADES BOULEVARD (PHASE I), AND THE FEE SIMPLE INTERESTS NECESSARY FOR THE CONSTRUCTION OF STORMWATER RETENTION AND TREATMENT PONDS REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM WEST OF WILSON BOULEV ARD TO DESOTO BOULEVARD. (PHASES 1 AND 2.) (PROJECT NO. 60040.) WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted Ordinance No. 2005-25 thercin establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2005-25; WHEREAS, the expansion of Golden Gate Boulevard from west of Wilson Boulevard to DeSoto Boulevard (Project No. 60040) is one of the capital improvement projects required under the Transportation Elcment of thc County's Comprehensive Plan; and WHEREAS, the construction of the proposed improvcments and related facilities along Phase I of the project conidor, as dcpicted in Exhibit "A" attached hereto and incorporated herein, and the stormwater retention and treatment ponds along Phases 1 and 2 of the project conidor, in the locations collectively rcpresented by the legal descriptions depicted in Exhibit "B" attached hereto and incorporated herein. are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrcncy requirements of the Growth Management Plan for Collicr County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has dctermined that the expansion of Golden Gate Boulcvard from west of Wilson Boulevard to DeSoto Boulevard, Project No. 60040 (hereinafter referred to as "the Project"), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. 10 L 2. The construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. 3. It is necessary and in the best interest of Collier County for the Board to acquire right-of- way in either fee simple or as easements for roadway, drainage and/or utility purposes within Phase 1 of the Project corridor, identified on Exhibit "A" (attached hereto by reference and made a part hereof), and storm water retention and treatment pond sites in fee simple within Phases 1 and 2 of the Project corridor. in the locations collectively represented by the legal descriptions depicted in Exhibit "B" attached hereto and incorporated herein, as best suits the needs of the project; and the County Manager or his designee is hereby authorized and directed to acquire said right-of-way and stormwater retention and treatment sites by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to make purchase offers to property owners based upon appraisals prepared by licensed real estate appraisers. 5. The Board hereby authorizes the County Manager or his designee to approve right-of- way and stormwater retention and treatment pond site purchases where the property owner has agreed to sell the required land rights to the County at its appraised value, or at an amount not to exceed $50,000 over the appraised value. 6. The Board hereby authorizes its Chairman, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to execute Easement Agreements and Purchase Agreements for right-of-way and/or stormwater retention and treatment pond sites where the property owner has agreed to sell the rcquired land rights to the County at its appraised value. or at an amount not to exceed $50,000 over the appraised value; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approvcd by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. Said settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 8. Where the property owner agrees to convey a necessary interest in real property to the County, through the execution of a "Purchase Agreement" or "Easement Agreement," and upon the proper execution by the property owner of such legal instruments as the Office of the County Attorney may require. the Board hereby authorizes the Finance Department to issue warrants, -Page 2- IOC '1' payable to the property owner(s) of record, and to others who may possess an equitable interest in the subject right-of-way parcels or stonnwater retention and treatment sites, in those amounts as shall be specified on a Closing Statement. 9. All title to real property which has been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be rcquired to remove the lien of any encumbrance from the acquired properties. q.J/.- This Resolution, adopted on this ----L- day of CCT 0 BE::. R .2007, after motion, second and majority vote. ~. t;~~'FtC' ' ATIm: . "&, . wilH1' p. BROC~CLERK 19. ,.., "'..'. ,.,.... '.s;,.. .': . " ',:. '. . - ~'. .'...... . . . . ill, \~t' =~\~.~~/ It. s~ fi'~' . ,f BOARD OF COUNTY COMMISSIONERS ::7~~ Approved as to fonn and legal sufficiency: " . C ' i { t (, Heidi F. ASlhon-Cicko Assistant County, Attorney ttem# I'OG J$kr Agenda Date -Page 3- 10 C EXHIBIT ".11 II Page I of :EK~. .ST1S~W.; ~--:;:! r ~._-;.-!: i I ~.lSTiH~ ~ITTI i! i :~; ~ }-: !: ~ ; ; i I! i ; i I ! !'" ~; i1 . . if' SiW,,! ~ j 1 ~! ; I,! 1. :1. !9"1 N. Kl ! : (~ ::- " 11:-!"::' -=- 111"1 ::;!ll::= :..l:Rb1 :' i; ~ ~ ;:;; i ; :- ;~ I, ~;; ~ ;' ;-hd' ...-!~lTV . .'1 u :J' ~I . .~ ~ )i i. ! i : !: : i I III J 51 "'.EL ;-: 1,. . I 'I'" - I. . Tl' , I .~" ~~!. : ; : li.1fJ +ri-'~' oj 'J !:.t. ~.t,d)J-.W.l.; j l~ --.,.., I. !$.E;!: 1 . . .. . "'. r., i STU!lJ: ii., I. l..b1J lJ i F i ! l !=i1- ~* iT ij I = i r f r aWrsrl~~ i JCf1+ I t T~, ~J! ~t f-l=: ~:f J" ~I ! : ! : T I I ! : ! 1:# i I. I I ! J ! ! ! : ! Tl_. t . . -rt;. f ._....L.J---.!...-....t. . f : t . t l ': . . . ~ .. . .. _._"4 .-- -r'!~".1'" ,. 6!I"Ai '! ;15.!:! i ~i J ?.. 'i j rIl4. S1.' . . . ; ,;,.~ ~ : L..A - -- .~. ~ !":' :..',.:.;':.',,!- .~.-.. i 1.--. -T.-."-'.... .....L. U..; i!!' :.l'!::t:: - t i. :I..:! '!.! 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'. _.:, i . ., -".:....i-~~ ,1." : :' ..:.; .6J.-pl:: I.ibl I>>fl !:E.; i ; ; I; lit o.l.! i: I ..u~.~ Pt- · . . ii~ I . -. ...~ , ii ..~ ~. ......... -,..-!,... ...,., ~""rl"'" ;., 1- .. . -1".... .- ~r'-' ...... b.. ,t - - --- J . _....... ..;.....:....... \I' ... .. i- -., .... c.: .... .... 1III"~IlI_ . ~- . ~ I- .' I. ,,'"' _ I~ l--!-"""""" .... ..... It : ... __ : . ,_ ~ _M....... ..... ...::_ I -4-- "'.~';' It ~~~1~~-';;-.; -t~ =t ~ : -; :; r ~::: ;i..-t.. -I~ ......~ ". :. "" ;-'; El" ...... i=:'. ':i;.' ......t-.;: n:' ~ITTI" '..i -' t -: : ' ' : I .- ,~~9-<' . " .-\". .... ..: : : .: : : : I:. .1. ;" ; d!j :~2~1'.~1.;: " . . . t .. . r ~ . _ : ... ".,. ; '--4 -~ -.. 5l2~''''''.!_-' 'i-J. :....... '. .:t;' Y'Ift; , -.. ""i- ........., ,-!."I ,!.. :-:.J;i--;--t ..... ... ... ..C' .......: _..~. - I~'.- t- ......-. .. ... ........ ~I-.... a '.' <-!-- ~;:~'~=~i~':. :: fl~~ ~ ~!-L__ 01- : . ..fit:"" I 10 C EXHIBIT B GOLDEN GATE BOULEVARD POND SITE PARCELS ALL INTERESTS TO BE ACQUIRED IN FEE SIMPLE Parcel No. Legal Description: PSP1W1 The East 165 feet of Tract 18, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37221200005. PSP1W2 The West 180 feet of Tract 19, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37221280009. PSP1 E1 The West 150 feet of Tract 130, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228760001. PSP1 E2 The East 200 feet of Tract 130, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228720009. PSP2W1 The East 180 feet of Tract 57, Golden Gate Estates Unit No. 48, according to the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of Collier County, Florida. Folio No. 39204000000. PSP2W2 The West 150 feet of Tract 57, Golden Gate Estates Unit No. 48, according to the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of Collier County, Florida. Folio No. 39204040002. PSP2E 1 The North 350 feet of Tract 127, Golden Gate Estates Unit No. 13. according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228540001. PSP2E2 The South 330 feet of Tract 127, Golden Gate Estates Unit No. 13, according to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the public records of Collier County, Florida. Folio No. 37228520005. PSP3W 1 The West 180 feet of Tract 153, Golden Gate Estates Unit No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No. 39394600006. PSP3W2 The West 75 feet of the East 150 feet of Tract 153. Golden Gate Estates Unit No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No. 39394680000. PSP3W3 The East 75 feet of Tract 153, Golden Gate Estates Unit No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of Collier County, Florida. Folio No. 39394640008. PSP3E Tract 63, Golden Gate Estates Unit No. 80, according to the plate thereof, as recorded in Plat Book 5, Page 18, of the public records of Collier County, Florida. Folio No. 40866000000. PSP4 Tract 19, Golden Gate Estates Unit No. 78, according to the plate thereof, as recorded in Plat Book 5, Page 16, of the public records of Collier County, Florida. Folio No. 40741080006 ___"_____' __ _n..__ ___ --.. -- ----.----'--" 100 ., .1.}; .~~ MEMORANDUM Date: November 2, 2007 To: Jack Curran, Purchasing Agent Purchasing Department From Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Contract #07-4130: "Wells No. 34 & 37 and Pipeline Replacement" Contractor: Mitchell & Stark Construction Co., Inc. Enclosed, please find three (3) original contracts as referenced above, (Agenda Item #10D) approved by the Board of County Commissioners on Tuesday, October 9, 2007 One original is being forwarded to the Finance Department and one original document is being retained for the Board's permanent record. If you should have any questions, please can me at 252-8406. Thank you. Enclosures (3) ITEM NO.: ..' <':1...< Ut. il;f 100 .UUNfY ATTO,*f[(\ DATE RECEIVED' ()17- f~C - ClJ7<t:J-.. mJutT 30 roM 3: 02 "..,',., FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 30, 2007 R~rt Z~ary c( (2; P Assistant County Attorney Jack curra~'? Purchasin~~nt c.C ~v~ ~~~ / \\1 l' To: From: Re: Contract #07-4130 "Wells No. 34 & 37 and Pipeline Replacement" Contractor: Mitchell & Stark Construction Co., Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on October 9,2007 Agenda Item: 10.0 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. \((I/fJ7- ~ ~of-'//If~ c/.ddJ-@ /(/J-/67-f~6 iL~/j) 100 Memorandum OATE: October 30, 2007 TO: Wayne Fiyalko, Senior Analyst Risk Management Oepartment Jack Curran, Purchasing Age~L Purchasing Oepartment /" FROM: RE: Review ofInsurance for: #07-4130 "Wells No. 34 & 37 and Pipeline Replacement" Contractor: Mitchell & Stark Construction Co., Inc. This Contract was approved by the BCC on October 9,2007 Agenda 10.0 Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 239/252-6098. ~~~~~ SJ \ () (,Bo(?Sf cc: Oscar Martinez, PUEO ----.----.....--.--.--------.,-----..,----.- lOD Wells No. 34 & 37 and Pipeline Replacement COLLIER COUNTY BID NO. 07-4130 COLLIER COUNTY, FLORIDA Design Professional: Camp Dresser & McKee Inc. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 10D TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by CDM, Inc. and identified as follows: Wells No. 34 & 37 and Pipeline Replacement as shown on Plan Sheets G1 through G2. C1 thru C10, CD1 thru CD2, L 1 thru L2, D1 thru D3. S1 thru S2, M1 thru M3, MD1, E1 thru E8, 11 thru 8. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records 100" PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Wells No, 34 & 37 and Pipeline Replacement COUNTY BID NO. 07-4130 Separate sealed bids for the construction of Wells No. 34 & 37 and Pipeline Replacement, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 13th day of July, 2007, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 20th day of June, 2007 at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. All Bidders shall submit all questions via www.collierQov.netJbid under current bid#. No questions will be accepted after July 6th, 2007 @ 3:00PM. All questions will be answered on the web site via the bid document. The Engineer's Estimate for this project is three million five hundred thousand Dollars ($3,500,000.00). Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Wells No. 34 & 37 and Pipeline Replacement Bid No. 07- 4130 and Bid Date of July 13th, 2007". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work, Bidding Documents may be examined via electronically at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents and Plans may be obtained electronically at www.collierQov.netJbid. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue. Suite 104A Ft Myers. FL 33916 GC-PN-1 100' Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds. as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds. Insurance Contracts and Certificates of Insurance shall be either be executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within Two Hundred and Sixty Days (260) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 13 day of June 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell Purchasing/General Services Director GC-PN-2 100 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-13 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number. Project Name and Bid opening Date and Time. and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. GC-IB-1 10D ''IiII' ~; 2.2 Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Reauirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk. a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance. all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds. with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders, All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred and twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred and twenty (120) days from opening. unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC-IB-2 100 Section 5. Signina of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual. his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-IB-3 100 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided. however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid. each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2,3 of the General Conditions to the Agreement. Section 10. Material ReQuirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. GC-IB-4 10D Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed. the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC-IB-5 100 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S.. otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner. or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner. disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto. said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC-IB-6 100 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan. fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III. Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual. firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time. including but not limited to: submitting bids, RFP. and/or quotes; and. c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 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U (I) 'C 0 OJ C o ._ L o 0 U ::l o (I) U 0 <(u I I!:l III ~ > ffi '" '" ::> :z: UJ ~ '" '0 o '0 L ~ 0 8 ci..E 0 0 0....- +-' C {f)::9.:;2 0 OJ (I) E -" 0 (I) .~ 0 0 ~ "'0 Q) C 0 o L... .C C ~8-D 0 ~~~g- 10uU I 1 100 Contract Documents and Specifications For Collier County, Florida WELLS NO. 34 & 37 AND PIPELINE REPLACEMENT BID NUMBER 07-4130 ADDENDUM NO. 2/(L ' , Oate Issued: July 5, 2007 IN ADDENDUM NO.1 Sheet L-2 "Well 37 Landscape and Irrigation Plan" issued as Addendum No.1 shall replace Sheet L-2 "Well 37 Landscape and Irrigation Plan" of the bid documents in its entirety. ON THE DRAWINGS 1. SHEET L-1 "WELL NO. 34 LANDSCAPE & IRRIGATION PLAN" The irrigation equipment for Wells 34 and 37 shall be connected to the MPZ as indicated in the electrical drawings. A separate feed from FP&L for the irrigation equipment shall not be required. 2. SHEET 1-2 "SYSTEM ARCHITECTURE" The attached Sheet 1-2 shall replace Sheet 1-2 of the bid documents in its entirety. No changes have been made to the content of the drawing. The sheet was reprinted as some areas on the original prints were illegible, END OF ADDENDUM NO.2 O:\Currcnt - Bids\Bid Samples 07\07-4130 Add # 2_doc Page 101' 1 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 100 ORIGINAL Wells No. 34 & 37 and Pipeline Replacement BID NO. 07-4130 Full Name of Bidder {vl,'.fchell und Star J<- COr\StrlAc+f'o", COl'l1pan'( I Inc. Main Business Address (pOOl Shirle'j St. AJc<ples I Fl 54/09 Place of Business (0001 Sh:l'"le~ St, Nv{'les, FL 54109 TelephoneNo.J2-Srt) :;97- 2J/{)S- Fax No. (2.3'1) 5'010 -78roS- State Contractor's License # cue o-tro0'20 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Date Issued Contractor's Initials Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents. and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC-P-1 BID SCHEDULE Wells No. 34 & 37 and Pipeline Replacement 100 .~ :-1. ITEM No. Brief Description of Items AMOUNT in FiQures Part I. Mobilization! Demobilization I 1. Mobilization/ demobilization $ G,-3,;)b~ . SUBTOTAL PART I $ (." 1, ~ f' c ~ (Item 11) Part II. New and Upgraded Wellhead Facilities 111. Site Work $ 97, 5~) ~ II 2, Disinfect Wells $ lq ?oc ".! I II 3. Furnish and Install Submersible Turbine Pumps $ 12~, 1.Jo ~ . 114, Furnish and Install 6-inch FRP Well Pump Discharge Pipes $ 00 [00- II 5. Furnish and Install Raw Water Supply Wellheads ~o $ ~ (, ; (Hz. - II 6. Furnish and Install Precast Concrete Well Building $ If, )66~ 117. Furnish and Install Pig Launching Facility Lf ,,~ $ 2>, %'lc- GC-P-2 II 8. Pressure Sustaining Valve $ I j ':,{ 0 ~, lOD I $ z:S3 "" I OCt- $ lV/~, 't5~!<' 119. Instruments and Controls II 10. Electrical Work 1111. Extra Work $ "', 100 - SUBTOTAL PART II ':?P $ /, 2-10 'j' . '3 5 S' (Sum of Item's 111 through II 11) Part III. Raw Water Transmission Lines 1111. Furnish and Install 12-inch Diameter Raw Water Transmission Main Ct;.. $ 20 -H z. - , II' 2. Furnish and Install 24-inch Diameter Raw Water Transmission Main co $ l, 2-11a t OCt) - ill 3. Furnish and Install 12-inch Diameter Raw Water Gate Valve $ Co I fJ'(<+ ";.! III 4. Furnish and Install 24-inch Diameter Raw Water Gate Valve "'~ $ 'N ,91+2-- 1115. Furnish and Install Air Release Valves $ I {"?o s,c I 1116, Reinforced Concrete $ w (06 - 1117, Gravel Fill $ v<) '2'5 - GC-P-3 III 8. Excavation Below Normal Grade N< $ 210- 100 ,l~;", '.... III 9. Temporary Pavement Repair ~. $ I OIDC- I 11110. Permanent Pavement Repair 0('> $ 10, 000 - !I! 11. Test Pits $ C>Q ~- 11112. Extra Work $ "'" \ .- SUBTOTAL PART III . .... $ \ I '2.9 I I '27tt ~ (Sum of Items 111 through 1112) Part IV. Project Coordination Facilities SUBTOTAL PART IV $ [D/ '200 ~ $ \0,"200"'- (Item IV 1) IV 1. Project Coordination Facilities TOTAL CONTRACT ~' $ Z I (." ~y., <<>5'9 (Sum of Parts I, II, 1/1 and IV) TOTAL CONTRACT IN WORDS (Sum of Parts I, II, III, and IV) '\w. "",lA,b, ",. 1cv......J..u ~ .(.w t(..CO'C_4 ~;" hu......l..J tL-~ - A.~ ).. U.,y-f "-~J. ",. L~ Deductive Alternate (as shown on the drawings and described in Section 01010) The owner may elect and the bidder aggress to deduct from the lump sum price for the deductive alternative for all materials and labor required for furnishing of the proposed improvements as indicated on the drawings. GC-P-4 Provide a price for the alternate including all or part of the following items: 100 III 2. Furnish and Install 24-inch Diameter Raw Water Transmission Main (including demolition of existing pipe) $ 7s~/2.0,OO III 4. Furnish and Install 24-inch Diameter Raw Water Gate Valve III 5. Furnish and Install Air Release Valves $ 2Q,'Vf2...00 $ 1/530,00 $ S-O.OO $ 0.00 $ 0.00 $ Q.OD $ ~I 000.00 $ 100.00 $ 0.00 1116. Reinforced Concrete III 7. Gravel Fill III 8. Excavation Below Normal Grade III 9. Temporary Pavement Repair 11110. Permanent Pavement Repair 11111. Test Pits 11112. Extra Work TOTAL OF DEDUCTIVE ALTERNATE $ 71'),742.. .00 (Sum of above items) GC-P-5 IOD MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. II OL\-.} Q..c, - -IJ..-...'\.. ~I" I"" Ll....,..} 2. f'....""'p ~ I::> l> Dld,c., 3. 4. 5. Dated 111'3 IOf Mitchell o-nd S+aV'1<- Bidder ~ Canst, LO, , Th[, . BY: GC-P-6 LIST OF SUBCONTRACTORS 10D The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. Cateqorv of Work ~ leL.:>r/l~<- "'- ( Subcontractor and Address (""'~ \~ .C.../r.'+8 <:. ,..--- fUo'fl~,,--C. r(, 2. 3. 4. 5. Dated 7/13/07 IvI,'h:Iile.1i lAnd St-o.rl<- ConST. Co" The. ~ j/ BY: GC-P-7 10D STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. VU~Il~h P. fL17U(J Ft /IIr. 12J;d lIif5j/h.< 2. jJf"rWk. t.1J~5 -4ks-, r2 j)" V','c( G.6b 3. ,4 r/t - I1lIt Ii~ ;Y'r ~ FL /II/c.W )llA.q?t::~ 4. !I1~'J.AI,(.~ LetM"..=; R. ;1/WY R..- U , I ..-.JI~( f.e>/J,.,U'"S 5. Lelkl~n Lt;/~~. Fl. m'{Vl"1 .P- ~.-ye.55'&t L"d,-k:.r 6. t.e~ 15/,w, ,Fl. 1'J17.er.s, .FL r~ I< q..../'" , Dated -1/13/01 M,'tche\1 {And S-htV'1<. COYl~T, Co.,::ChL. Bidder ~-- BY: GC-P-8 .LUU ..;t'I' ~~ ,~~:.1: TRENCH SAFETY ACT 100 Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF.SY) Unit (Quantitv) Unit Cost Extended Cost 1. Slopr7 2. ~ L/--- /G>oc;;> /~ 6C... I Co C!:>C> - 3. 4. 5. TOTAL a:c...- $ /(906 - Failure to complete the above may result in the Bid being declared non-responsive. Dated '7//)/01 ,v\11-chel \ e,,,J Shirl<- COI,.st-, Co, I rhL. Bidder #-~ BY: GC-P-9 Upon notification that its Bid has been awarded, the Successful Bidder will exeltiO Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement. Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Two Hundred and Forty Days (240) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Twenty (20) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfullv Submitted: State of r-lo..-Id c,, County of Co 11,'e (' /'5..-,'0.11 P-enY\ev- , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. t;'...,-C"., P-eJ'1 ",e. . also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC-P-10 100 (a) Corporation The Bidder is a corporation organized and ~ncj.'o.l'\o.. which operates Mo't-cflel\ ""d Star-I<. ('.00'\5+' Co" rhl_ officers are as follows: existing under under the laws of the State of the legal name of , and the full names of its President ~..-ed Ho.v-n's 0 Y\ Secretary B'r~V\ PeV\l'\e. r Treasurer I="recl \-\0 v-V'~s 0 " Manager Enl,w, Pe V\ \'\-e, v- The g'\'Gc\,\ pel"l \"lev- is authorized to sign construction bids and contracts f9r the company by action of its Board of Directors taken /2. /2- ';? Lo(o , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is GC-P-11 1J~;.. A U Witness BY: 100 A-;..h'Yt,? Us.. c;.!-c-rh- Lv,..)$-?: (o.;L-<J<:...- Legal entity J!,.i"l'i....-v P"",..v...ve. /" UD M:+c\;jel\ ... St-or)c. COI'lSt-. Co.,LnG. N~(Typed) Signature ,'':,'>l DATED 7/1'<:,107 ~&-- Witness CEo Title STATE OF rr:lo6dc~ COUNTY OF Co II,'-ev- The foregoing instrument was acknowledged before me this Jl. day of Jvt 1'1 2007, by gr'-ltV] Ff:"Vler , as ('fio of /If,h;i1e II or Swrk (0"$'1-. CO. I InL. , a rl'1cli'onlc corporation, on behalf of the corporation. He/she is personally known to me or has produced s identification My Commission Expires: ( ignature of Notary ~/(<'S$LL Jf ViI JOAJeo,E (Legibly Printed) and Q.i6-(did not) take an oath. NAME: Notary Public, State of Flo"r/J.o. Commission No.: (AFFIX OFFICIAL SEAL) LH DEJONGE ,."'V'i''''" RUSSEL ONIDD539117 lil~" ~\ MYCOMMISSI \11 ZOIO ~...~ !:~ E.J:PI\1ES: AUQ~~ll~u~~afflr\\llra ,Ji.:.... / ecndwi'T\'lfUNQU,IY 'Il.Rr"f.' GC-P-12 100 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI. Section 2, of the By-Laws of said Company, . are set forth on the reverse. side hereof and are hereby certified to be in full force and effect on the date he, 00s by nominate, constitute and appoint Anthony E. ORTMAN, Jo HOLLlNGSWORTH~nd C i!\~ of Indianapolis, Indiana, EACH its true and lawful agent and AllOrn;iiy-in-F, ~hl3 ,Q, and on its behalf as surety, and as its act and deed: any and all bonds ~ ' a such bonds or undertakings in pursuance of these presents, shall be as bi 'u~ om ~r;k,~ ply, to all intents and purposes, as if they had been duly executed and ack ere ! dffitlers of the Company at its office in Baltimore, Md., in their own proper perse~~p f~o Issued on behalf of Anthony E. ORTMAN, Andrew M, HATHEWAY, Jo HgL'dN'd.JW~~i er M. JOACHIM. dated August 29, 2005. The said Assistant ~e~ lileVeIiY certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Ucl?~dCompany, and is now in force. IN WITNESS WHEREOF. the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of January. A,D,2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~ ;J~~r By: Assistant Secretary l/d,J/ /01 {/{VO{ t / / Eric D. Barnes William J. Mills Vice President State of Maryland }ss: City of Baltimore On this 23rd day of January, A.D, 2007, before the subscriber, a Notary Public of tile State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS. Vice President, and ERIC D, BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn. severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .. \\ \\~; t ~~ rs 11111' ~i,.~\:""';"':'~f'-r"'... .:f- .... H(I~l"iI.:"~~';' ~t(~... (;,}:.y '1....t(>~L:II(...<(",t (,',i~.'i;i;ll\~:~'\"."''; It'IIII\\\ ~~[)~ Maria D. Adamski Notary Public My Commission Expires: July 8. 2007 POA-F 044-A 100 " EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2, The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice~Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto," CERTIFICATE I. the undersigned. Assistant Secretary ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and efIect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the lOth day of May, 1990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company. shall be valid and binding upon the Company with the same force and effect as though manually affixed," IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal of the said Company. this ptt-, day of JJ /'1 o2otJ '/ , 4 lLI/ :; dtJ Assistant Secretary BID BOND 100 '" KNOW ALL MEN BY THESE PRESENTS, that we Mitchell and Stark Construction Co., Inc. (herein after called the Principal) and Fidelity and Deposit Company of Mal'vland (herein called the Surety), a corporation chartered and existing under the laws of the state of Marvland with its principal offices in the city of Baltimore and authorized to do business in the State of Florida are held and tinnly bound unto the Collier County Boal'd of Commissioners (hereinafter called thc Owner, in the full and just sum of Five Percent of Maximum Bid Amount dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and tinnly by these presents, Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for furnishing all labor. materials, equipment and incidentals necessary to furnish and install: Wells No. 34 & 37 and Pipeline Replacement County Bid No. 07-4130 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date ofa written Notice of Award, execute a Contract in accordance with the Proposal and upon the temls, conditions and plice(s) set forth therein, of the fonn and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of 100 Percent of the total Contract price each in a fonn and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereot~ the Principal and Surety have caused these presents to be duly signed and sealed this ~ day of Julv , 2007 MITCHELL AND STARK CONSTRUCTION CO" lNC. ~~nciPal ~ c...Ge> (Seal) FIDELlT, ,Y ANO DEP~ OF MARYLANO Suret); 2./( ~ ,. By .( ,;:> (Seal) Anthony E. Ortman - Attorney-in-fact Countersigned Local Resident Producing Agent for Florida 100 BUSINESS CONTACT INFORMATION Wtcl-.e.l\ Mel 5+0. 1"1 Cons t . (Firm's Complete Legal Name) (0. . InC. , Main Business (fOOl Shkle"l S+. (Address) Contact Name E:;r1c\Vl Pcnn-er- Title e60 AJcID Ie s, r- L. . I , (City, State, ZIP) Phone No. 2.Hl - Sq 7 ..- 2-1 (0 S- FAX No. 2:.s<~- 5-&'(" - 7 ?i'cOS- Email address:p.e.l.\()-€r@/IiI..tc11el\Sheu-l<-.com 3410q **************************************************************************************************** ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY if different from above) (Company Name used as Payee) (Address) (City, State, ZIP) Contact Name Title Phone No. FAX No. Email address: Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) (Address) (City, State, ZIP) Contact Name Title Phone No. FAX No. Email Address: GC-P-15 IOU THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings. descriptive literature. etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples. Florida 34112 11. The mailing envelope must be sealed and marked with: <=:oBid Number; <=:oProject Name; <=:oOpening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified openinq date and time, (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET fl1,':.rche..tI and Sfar-I<- Bidder Name ~ Cons-/-, CD- /Ihl.-_ - C.EO Signature & Title DATE: 7//3/07 GC-P-16 SUPPLEMENTARY COND'~10NS (CONSTRUCTION PROCURH~H;NT) EXHIBIT W A TER-03Lh 100 APPENDIX G TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION OF COMPLIANCE WITH 41 CFR 60-1.7: REPORTS AND OTHER REQUIRED INFORMATION [Note: This certification is required by 41 CFR 60-1.7(b) and is applicable to all FDEp-assisted construction contracts and subcontracts with a price exceeding $10,000; this certification is to be included in all FDEp-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] This certification relates to a construction contract proposed by Collier County, Florida, which expects to finance the proposed (insert the name of the Owner) construction contract with assistance from the Florida Department of Environmental Protection (which administers a State revolving fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency). I am the undersigned prospective construction contractor or subcontractor. I certify that. . . (1) I V have/ or subcontract have not participated in a previous contract subject to the Equal Opportunity Clause and (2) if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause, I __ have/ __ have not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I understand that, if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause and have failed to file all reports due under the applicable filing requirements, I am not eligible, and will not be eligible, to have my bid or offer considered, or to enter into the proposed contract or subcontract, unless and until I make an arrangement regarding such reports that is satisfactory to the office where the reports are required to be filed. I agree that I will obtain identical certifications from prospective lower-tier construction subcontractors when I receive bids or offers or initiate negotiations for any lower-tier GC-CA-I-31 SUPPLEMENTARY CONI"~JONS (CONSTRUCTION PROCURE)v'SNT) EXHIBITWATER-03Lh laD construction subcontracts with a price exceeding $10,000. I also agree that I will retain such certifications in my files. ~ IV (Signature of Authorized Official) (Date) If!, r/~ ('e..-.-ro-Ie,r Ck0 '/ /I?;';; (Name and Title of Authorized Official [Print or Type]) GC-CA-I-32 SUPPLEMENTARY CONr'~!ONS (CONSTRUCTION PROCURE!\~~NT) EXHIBIT W ATER-03Lh M ~+L-kBII..l-..(fc.....h (c;cV.s;:; CD. 7n.JL. (Name of Prospective Construction Contractor or Subcontractor [Print or TypeJ~ G, t:> 0 \ S h \~ r- (~ ~;: Nc...f?/&s/ h 3 lflo7- J..3 ~ -JP'?- 2./fe,r (Address and Telephone Number of Prospective Construction Contractor or Subcontractor [Print or Type]) sfo9 ~C(!;;2....D (Employer Identification Number of Prospective Construction Contractor or Subcontractor) GC-CA-I-33 100 SUPPLEMENTARY COND'~TONS (CONSTRUCTION PROCURErvn'NT) EXHIBIT W ATER-03Lh 100 APPENDIX H TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION OF NONSEGREGATED FACILITIES [Note: This certification is required by 41 CFR 60-l.8(b) and is applicable to all FDEp-assisted construction contracts and subcontracts with a price exceeding $10,000; this certification is to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] This certification relates to a construction contract proposed by Collier County, Florida, which expects to finance the proposed (insert the name of the Owner) construction contract with assistance from the Florida Department of Environmental Protection (which administers a State revolving fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency). I am the undersigned prospective construction contractor or subcontractor. I certify that I do not and will not maintain any facilities I provide for my employees in a segregated manner and that I do not and will not permit my employees to perform their services at any locations under my control where segregated facilities are maintained. I agree that I will obtain identical certifications from prospective lower-tier construction subcontractors prior to the award of any lower-tier construction subcontracts with a price exceeding $10,000. I also agree that I will retain such certifications in my files. ~~ (Signature of Authorized Official) (Date) g rl~,j ~""'.-..IeJr- cG,v (Name and Title of Authorized Official [Print or Type]) k~J-c.lze,/!.L {/z..t'k Co,..,.1/; to. JklC (Name of Prospective Construction Contractor or Subcontractor [Print or Type]) GC-CA-I-34 SUPPLEMENTARY CONf'-"IONS (CONSTRUCTION PROCURHA'CNT) EXHIBIT W ATER-03Lh IPbc:> ( siJ ~"f~jSZ (lJA;?/~c r(;.. .3 CfID? 100 .~, "' (Address and Telephone Number of Prospective Construction Contractor or Subcontractor [Print or Type]) sro'7 C r P2-D (Employer Identification Number of Prospective Construction Contractor or ---- Subcontractor) GC-CA-I-35 laD CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Mitchell and Stark Construction Company, Inc. ("Contractor") of 6001 Shirley St.. Naples, FL 34109, a Florida corporation. authorized to do business in the State of Florida, to perform all work ("Work") in connection with Wells No. 34 & 37 and Pipeline Replacement, Bid No. 07- 4130 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Camp Dresser & McKee Inc, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. S. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely. and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: two million six hundred thirty four thousand six hundred thirty nine dollars and zero cents ($2,634,639.00). GC-CA-1 100 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount. the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liquidated Dama~es. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Two Hundred and Forty (240) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Twenty (20) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable. acting directly or through duly authorized representatives. B, Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC-CA-2 100 such event, the total amount of Owner's damages, will be difficult, if not impossible. to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Nine Hundred and Sixty Two Dollars and Fifty Cents ($962.50) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions, F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. GC-CA-3 100 G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by Camp Dresser & McKee Inc. and identified as follows: Wells No. 34 & 37 and Pipeline Replacement as shown on Plan Sheets G1 through G2, C1 thru C10, CD1 thru CD2, L 1 thru L2, D1 thru D3, S1 thru S2, M1 thru M3, MD1, E1 thru E8, 11 thru 8, Contractor's List of Key Personnel Stored Materials Record GC-CA-4 100 Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Mr. Oscar P. Martinez, P.E. Sr. Project Manager Collier Count Public Utilities Division 4370 Mercantile Ave. Naples, FI. 34104 Email: OscarMartinez@colliergov.net Tel: 239-530-6214 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Brian Penner, CEO Mitchell and Stark Construction Company, Inc. 6001 Shirley St. Naples, FL 34109 (239) 597-2165 (239) 566-7865 Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-CA-5 100 " Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. GC-CA-6 100 Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** GC-CA-7 100 .-. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: Mitchell & Stark Construction Company, Inc. By: ~~~ etl'c..Nf~NU' (cO/';? Type/Print Name and Title' Date: l \-a--O-ODr OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY ~~N- Dwight E. Brock, Clerk BY: ~tl~ to ~.a.,-. ApprMrJ}..\'Jollf!b~m ' and Legal Sufficiency: 16VV\ rfAj~ Assis nt County' Attorney Item # 'JD...ld... ~~~;da .10-'1-0 GC-CA-8 10/15/2007 12:53 "') .' . .J . ) ""./ 12395557855 , HITCHELLSTARK PAGE 02 100 EXHIBIT A PUBLIC PAYMENT BOND Wells No. 34 & 37 and Pipeline Replacement Bond No. "S'7' 5-";1 ol J Contract No. 07-4130 KNOW ALL MEN BY THE~;E PRESENTS: That Mitchell & stark Const. Co., Inc:. , as Principal, , as and Fidelitv and De=sit of Marv]"nil Surety, located at P.O. Box 1227, Baltimore, Maryland 21203 (Business Address) are held and firmly bound to Board of county Commissioners of Collier a Obi' . the m of Count:(, Florida. s Igee In su .JPwo l!ilh';'u'~ 3,;,xflW~d. T!.J.l~-Puo.u Thws.:d'ld Six r~ed ($ 2,634,639 ) for the paymen w ereo we ma ours Ives, our elrs, execu ors, Thirty- personal representatives, successors and assigns, jointly and severally. Nine. WHEREAS, Principal has entered into a contract dated as of the ~ day of October 2007, with Obligee for Bid 1107-41;)0 Wells 34 & 37 and Pip" T,ioe Replaa: in accordance with drawings and specifications, which ment contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Princip;:t1 with labor,. materials or supplies, used directly or indirectly by Principal in th'e prosecution of the work provided for in the Contract, then this bond is void: otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 9 day of october 20)7, the name of each party being affixed and these presents duly signed by its under-si~ned representative, pursuant to authority of its governing body. . GC-CA-A-' 12395557855 i MITCHELLST ARK PAGE 03 10/15/2007 12:53 ') . 'J / ) 100 ~:." ".'> Signed, sealed and delivered in the presence of: ~~t~ PRINCIPAL Mitchell & Stark Const. Co., Inc. ~~ Brian penner COO / VP r~~ Witnesses as to Principal BY: NAME: ITS: STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 9 day of October 20~, by Brian Penn~r . as coo I VP of Mitchell & stark Canst. Co.. Inc. ,a Indiana corporation, on behalf of the corporation. He/she is per:,onally known to me O~roduced as identification .and did.(did not) take an oath. / / _ '~"", My Commission Expires: ~ /29 ~ (Signature Of Notary) '~~~~:~int~)~ -JU-UC~ ,.,,'.-..";,;...."" \ [ , , .' I t,: NAME: (AFFIX OFFICIAL SEAL) rt. Notary Public, State of Commission No.: ATTEST: SURETY: rd/,'j ;J ()./-/ '7", I.. ,"',d'e.. '1 / c''vld'' 1-^l;:C~fl C-l1t-v!/)L;rlv ~f- /7t:/'1M1#' (Printed Name) , I' j'd.J1 {)<,j(':J~ hs 120 ,~ C',4 .?OD LA ,f"(.,.,,,, ~LO;'" z: /1,! <Y t,'}'L/ {! (Business Addres'~/p /,-;,7 ,.;71 /' '/,e--"""~ (Author ed Signature) (. 1 /~V\ Ii. Di'~"" E' Of' t-I~14 i..-J (Printed ame) l1!/crh'1 .:.'-t - h,j- ~~ v' A /7 ./~ ~//~ ( .~'-'~ WJ(ness-es to rely r GC-CA.A-2 10/15/2007 12:53 ,") ,,' . '; ...... ) 12395667865 . MITCHELLSTARK PAGE U4 100 OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) Witnesses (Business Address) 30- 6-'/(" - lj,f,r .J.. (Telephone Number) STATE OF COUNTY OF ~/jjJ,I4. t-1dt !'1,J,o(...,. The foregoing instrument was acknowledged before me this /J 14 day of DcA ~ d' , 2007, by I/vd.JHOi't' E tJ('.J-l1/"U~ ., as ::;;:t;,~6n;b~h~~tsure1:f. He/Sh~ i/~~;:~~~I~~;t~\:~taR ~s ~;~d~~d# Dr;Vf[', L-'Lt</li c as identification and who did (did not) take an oath. My Commission Expires: 5 ' .J'c is' (s~~a::~~)(r, ~-( ''-'-_'--,LY:0\..~ Name: ~Ju \-\,,1\. ,,(~,\,,>,( 11\ (Legibly Printed)' Notary Public, State of ~-- ~\ Commission No.: <L,o\ L\ :c), "\ , '\ -v..;u "X,- 'cJ'_) I~ .:; C('-r) (AFFIX OFFICIAL SEAL) GC.CA-A-3 10/15/2007 12:53 -') . ) ) ",.,.",,~ 12395667865 · fHTCHELLSTARK PAGE 05 100 EXHIBIT A pUBLIC PERFORMANCE BOND Wells No. 34 & 37 and Pipeline Replacement Bond No. Contract No. 07-4130 KNOW ALL MEN BY THESE PRESENTS: That futchell &. stark Canst. co., Inc. . ,as Principal, and fidelity and Deposit af Maryland , as I Surety, located at P.o. BoX 1227, Balt:iJnc:'re, Maryland 21203 , (Business Addre~s) . are . held and firmly bound to Board of county canm1ss1~,ners, COlher Count, FL , as Ot;>ligee in the sum of 1Wo Million six !l\.mdred 'J'hirty-Four Thousand IS1X Hun ThuEy-Nine Dollars. ($ 2,634,639.00 ) for th,= payment whereof wejbond ourselves, our heirs, executors, personal representatives, successors and aSSignsijOintlY and severally. WHEREAS, Principal has entered into a contract ated as of the 9th day of october , 2007, with Obligee for Bid 1107-4130 Wells 34 ane! 37 Pipeline Replac~t in accordance with drawir,gs and specificationsl which contract is incorporated by reference and made a part hereof, and is referred ~o herein as the Contract. THE CONDITION OF THIS BOND is that if Principkl: 1. Performs the Contract at the times and in th manner prescribed in the Contract; and 2. Pays Obligee any :lnd all losses, dama es, costs and attorneys' fees that Obligee sustains because (If any default by princi'al under the Contract, including, but not limited to, all delay dam:lges, whether liquidate or actual, incurred by Obligee; and 3. Performs the guaraniee of all work and mat rials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or Jnder the Contract an~ compliance or noncompliance with any formalities connected with the Contract orlhe changes do not affect Sureties obligation under this Bond. The Surety, for value re,;eived, hereby stipui tes and agrees that no changes, extensions of time, alterations or additions to the~rms of the Contract or other work to be performed hereunder, or the specifications ref rred to therein shall in anywise affect its obligations under this bond, and it does hereb waive notice of any such changes, extensions of time, alterations or additions to the Jerms of the Contract or to work or to the specifications. GC-CA.A.4 10/15/2007 12:53 12395557855 · MITCHELLSTARK PAGE 05 100 ,,,.," ."') This instrument shall be ,;onstrued in all respects as a common law bond It is expressly understood that the lime provisions and statute of limitations under Section 255.05, Florida Statutes, st1all not apply to this bond, In no event will the Surely be liable in the aggregate to Obligee for more than the penal sum of this Performance Eond regardless of the number of suits that may be filed by Obligee_ IN WITNESS WHEREOF, the above parties have executed this instrument this 9th day of october , 2007, the name of each party being affixed and these presents duly signed by i':s undersigned representative, pursuant to authority of its governing body. Signed, sealed and deliveri:id in the presence of: (LW-v ~~ ~-J.. \l-~ Witnesses as to Principal PRINCIPAL Mitchell & stark Const. Co., Inc. BY: //~'? c__--"....-. NAME: ITS: Brian Penner Cl':U / v~ ~ ') STATE OF Florida . COUNTY OF Collie.r instrument was acknowledged before me this 9 day of 2007, by Brian Penner as . of Mitchell & stark C'-Onst. Co.. Inc. ,a ., corporation, on behalf of e corporation. He/she is to me OR has produce _ as identificati~~ My Commission Expires: The foregoing october CFJ:) I VP Indiana personally known ."""" RUSSEL E ,.1i,~"'''ii;;, L H, 0 JONGE ,.!~.., MY COMMISSION #DO 539117 \:(.... -'/ EXPIRES: Auguslll, 2010 -'i'),;nr.,W." Bond8dThruNollryP~bIlCUndtrwrllers Notary Public, State of F ( , Commission No.: (AFFIX OFFICIAL SEAL) \ ,) ."..... GC-CA-A-S 10/15/2007 12:53 ') . ) .,..,.' 12395557855 · MITCHELLSTARK PAGE 07 100 ATTEST: SURETY: ~A/;~ {""J {J"'f\l"'/ C2.'1<ii1 cf' /-1A '1~ 1'/ (Printe NalTle) J ' 0J.i.1 (Yck''''(^<5 !'''''W .,{''''' e ]'t/O .j.A.. /~ ~/14f 1Ir) ,\- .L- '1J (Business ,c(ddr~ss) /;(J , tL1 r ~~ . (Authori d Signature) /7 .. /flot 'PL'"" E_ (J;^AI/!4tcf . (Printed Name) 1111"" "~1 -;"'. ~{:/ OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF :J;;hti tH- I'1/. ri c l-1 , , ,It The foregoing instrument was acknowledged before me t~is ~' day of Oc!.v ~ d , 2007, by !l'V,j(O(!1A'1 .F {)1'/IAA.U "1 ,as /1/,4, 11-1<"; ic" ..L,;,,~ OfgdJ"tLa"";l,;Jt;,/c;,~~'ftl3 .i'A"''7l--, a c.'tI'N";'" Surety, on behalf of Su ety. e ,:;he is personally known' to me OR has produced .or;v~,'!. !,'i"""" L as identification and who did (did not) take an oath. My Commission Expires:'j.c)\'C: d(\tS , ) L~CJ\~"i"l" .' VW--'t- (Signature) , ) (AFFIX OFFICIAL SEAL) Name: '\\) t-'\C,\\.,\C', \',')()i"h, (Legibly Printed) , . -----y-- -., Notary Public, State of: ~,\'-.J Commission No.: c-j. r; ''''lIe, ::'I GC-CA-A.6 'lee C., ;;'0:. \,) \ S ( , ,-::)'0 "'-\.,\' 100 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland. by WILLIAM J, MILLS, Vice President. and ERIC D, BARNES. Assistant Secretary. in pursuance of authority granted hy Arlick VI, Section 2, of the By-Laws or said Company, " are set fOrlh 011 the reverse side hereof and are herehy certified to he in full force and effect on the oale h~c , cGs~hy nominate. constitute and appoint Anthony E. ORTMAN, Jo HOLLINGSWORTH and C.!JIji>\~ei\I, ct~~ of Indianapolis, Indiana, EACH its true and lawful agent and Allorney-in-Fjl5~~ \!~gJtd~f1\f\~ 1~~1lfMj>. and on its hehalf as surely, and as its act and deed: any and all bonds ~~~~~~ ~,~&t?\C~~'tJ~'N.A:l\f(uch bonds or undertakings in pursuance of these presents," shall hC~':S hi \\iIm ~,~\~~~~, fllll';'l\l{it!!i\tb~-a11fplY, to all intents and purposes. as if they had heen duly executed and ack~~, ~lI}NiIe r~6'!t,'J1't;~ eWers or the Company at its oilier in Baltimore. Md.. in tbeir own proper pe~\,\%pCu.\;~ )fjllJOOjC!~j~'h;;{ Issued on hehalf of Antbony E ORTMAN, Andrew M, HA THEW A Y. Jo 1-I(lt'h1N'G~,W.(.}~,9riS1tPlrer M, JOACHIM, dated August 29. 2005. The said Assistant .'iJ~~~~er&y certify thatlhe extracl set forth on the rl.werse sick hereof is a true copy or Article VI, Section 2, of the By-Laws'~ald Company, anLl is now in l'oree. TN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto suhscrihed their names and affixed the Corporate Seal of tbe said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of January, A,D,2007, ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (I Z,u /? ,"i (7^~fr- By: Eric D. 8arne" Assistant S('cr('f(1'~\, Wi/liliil1J. Mills Vicc Presidelll State of Maryland } ss: City or Baltimore On this 23rd day of January, A.D. 2007. hell"e the suhscriber, a Notary Puhlic of the State of Maryland. duly commissioned and qualified. came WILLIAM J. MILLS. Vice President, and ERIC D, BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 10 me persunally known to he the individuals and officers descrihed in and who executed the preceding instrument, and they each acknowledged the execution of till: same, and heing hy me duly sworn, severally and each for himself deposeth and saith, that they arc the said officers or the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal or said Company, and (hat the said Corporate Seal and their signatures as such officcrs were duly affixed and suhscrihed to thc said instrument hy lhc authority and direction of the said Corporation. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year first ahove written. \\\\HI1/1il ~~\~,\('.~~ ;.!::.~(:'(" " \ ~ '..,. , .:: ./ I~(jl/;J.,""~i:~ ~~\:~(",:,-;J) 11,:(t_(;i;l,i'-;'\\'\~ //11111\\\ i) (-' /". , ~" ; - . I - )! , / Hfv1u"-' j'/ \~/.L.CIft" - Maria D. Adamski Normy Public My Commission Expires: July~, 2007 POA-F 044-A 100 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairm:lll of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice~Prcsidcnls or Vice-Presidents specially authorized so 10 do hy the Board of Directors or hy the Executive Conunitlcc, shall have power, hy and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the husiness or the Company may require, or to authorize any person or persons to execute on hehalf or the Company any honds, undertaking, recognizances, stipulations, policies, contracts, agreements, decos, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages....and to atTix the seal or the Company thereto." CERTIFICATE I. the undersigned, Assistant Secretary oIthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do herehy certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provideJ in Article VI, Section 2. of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Cerlificate may he signed hy facsimile under and hy authority or the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day oIMay. ]990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary or the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and hinding upon the Company with the same rorce and effect as though manually afrixed. rr IN TESTIMONY WHEREOF. I have hereunto subscrihed my name and affixed the corporate seal of the said Company, this i~-l",-_ day oI C'Llo I, d' dt'tJ / ' i\ssislllnl.\'('('rcItIIT 100 -' ACORD.. CERTIFICA TE OF LIABILITY INSURANCE OP 10 C21 DATE (MMIDDNYYY) ~-- MITCH-1 10/19/07 Pi'OOVCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 'I"-lbias Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 47 N, Meridian St. Ste. 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, lndianapolis IN 46260 F-',one: 317-844-7759 Fax:317-844-9910 ! INSURERS AFFORDING COVERAGE NAIC # - ______n__ ---t-~--~- -----" -~ .I)P,,(; INSURER A. Zunch Am..r>."..n In... Company -- -.~._--,._-- ---,-. -- -... INSURER B __"~~~ .sp..cialty Insuranc.. Co. 21199 Mitchell & Stark Construction -- -.-. --_._'--'-- -- ------- com~anKI Inc. - Florida INSURER C , -~---- --..-------.-, --------------i 600 S ~rle~ Street INSURER 0 Naples FL 3 109 ~ - _.__._.~_._._---._---- INSURER E COVERAGES r'~ I'()I ;'[''0 Of INSURA!\CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVlTHSTANOING I [fr,' :rlt',II~NI TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR -,~. 1\ 1 ',-, [ INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ;<GR[J3ME LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I;W'" ,ADDt'L I FiOUC'{EFFeetlVl::" MUCy'l:}(piRATTON . _~_T',- 2"~~9 TYPE OF INSURANCE POLICY NUMBER DATE MMIDDNY DATE MMIDDNY GENERAL LIABILITY EACH OCCURRENCE LIMITS x x '-, jr'..jM[RCIA~ GENERAL L1ABILI ry GL0464148402(07) 03/01/07 03/01/08 ._l,OOg ,_000 .1 ~_}-.9_~-,-~ 9 g_ i.10,000 ---j-- ... - PERSONAL&ADVINJURY 1$1,000,000 GEN~;;~A-;G~-EGATE l $ 2 I Q,90 ~~OO-O !,~g~~_~T~-=-~_Cl~_~IOP AGG_l!1_L9_QQ , 000 PREMISES (Ea occure~ce) MEO EXP (Anyone person) '~; AIM:'; MADE X OCCUR X Contractual Liab X $2,500 PO OED II UloN. M~GR[GA,E LIMIT APPLIES PER :c'c~_ ICY IX ~'~g LOC 1------- ---- AUTOMOBILE LIABILITY i fl.. X :',N'",\UTO 1 , I I BAP464148302(07) 03/01/07 , I COMBINED SINGLE LIMIT 03/01/08 : (Eaaccldent) !$l,OOO,OOO P,U. '~\'NNED AUTOS X "IG'EJACJTOS X ',C'i-eWvlJED AUTOS I' BODILY INJURY _ (pe~ person) ~BODILY INJURY (Peraccidenl) ---_.-....-_...----~-- PROPERTY DAMAGE (Peraccldenl) s SC;'l,JULEOAUTOS GARAGE LIABILITY ;'.~n ,\UTO I AUTO ONLY. EA ACCIDENT S ~J~~~~~~N"- -.--EA:~ : EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE _'_5,,000,000 '5,0_00,000 - J'_ ~__ '$ ___ ---1-------- I. o X UO:llf, CLAIMS MADE ULP000476302(07) 03/01/07 03/01/08 i AGGREGATE ,- ------- L______ ___ c'[[.UCTIBl..E X fT'::NTION s10,000 /VORKERS COMPENSA TION AND ~r',~PLOYERS' LIABILITY ';-'I<:~l ~R"'PARTNER/EXECUTIVE f, "'-,\-'I!CR EXCLUDED? WC464148502(07) 03/01/07 03/01/08 X 'TORY L1MITS_ _.i."J~-I3_ E L. EACH ACCIDENT EL DISEASE. EA EMPLOYEE _~_1, 000,000 .~_~L~o.g,.009 s 1,000,000 l:1l.J8' SIONSbelo," E.L. DISEASE. POLICY LIMIT ')TH'R i I 1-.------ , r>:o:,CRIPTION OF OPERATIONS I LOCATIONS I VEHICL.ES I EXCL.USIONS ADDEO BY ENDORSEMENT I SPECIAL. PROVISIONS : ADDITIONAL INSURED[GENERAL LIABILITY]: COLLIER COUNTY BOARD OF COMMISSIONERS & ANY OTHER CONTRACTUALLY REQUIRED ENTITIES BUT ONLY WITH RESPECT TO 1 OPERATIONS PERFORMED ON THEIR BEHALF BY OR FOR THE NAMED INSURED. RE: i CONTRACT 07-4130 WELLS NO. 34 & 37 AND PIPELINE REPLACEMENT. CEF{TIFICATE HOLDER J-~---~ CANCELLA TION COLLI-8 SHOUL.D ANY OF THE ABOVE DESCRIBED POL.ICIES BE CANCELL.ED BEFORE THE EXPIRA TION DATE THEREOF, THEISSUING INSURER WIL.L ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIL.URE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. r ~~:ORDCORPORATION1988 COLLIER COUNTY BOARD OF COMMISSIONERS 3301 EAST TAMIAMI TRAIL NAPLES FL 33962 ACORD 25 (2001108) I N aTE PAD: INSUREO'S NAME Mitchell & Stark constructiO:", I " YO') ARE THE RECIPIENT OF THIS CERTIFICATE: iiY 'AORDING TO INCLUDE THE HOLDER AS AN ADDITIONAL INSURED, PROVIDE UVERAGE ON A PRIMARY AND NON-CONTRIBUTORY BASIS, OR PROVIDE A WAIVER OF URROGATION APPLIES ONLY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT . \.MITCH-1 OP ID C2 i I i , J l" YOU ARE THE REQUESTOR TO PROVIDE THIS CERTIFICATE: Toblas Insurance Group, Inc. has, upon your request, issued the attached CGrtlficate of Insurance. T r YO'.l did not already I we highly recommend that you provide our Agency w; t;h a copy of the insurance and indemnification provisions of the contr3ct pertaining to the certificate request so that we may properly 83certain whether your insurance program addresses the terms, types and lamounts of lnsurance coverage referenced by the contract. 1','11" 1e most certificates can be issued at no cost to you, the contract may identify lnsurance requirements that require the purchase of insurance Icoverage at an additional premium. In some instances, the coverage idontified in the contract may be outsid~ the underwrit~ng guidelines of Itho lnsurance carr~er and cannot be obta~ned. In other ~nstances, you may ._1 r:ot wish to purchase the additional coverage and may attempt to negotiate ~hanges ~n the insurance requirements. ! In performing the review of your contracts, neither Tobias Insurance G~-oup, Inc. nor its employees are providing legal advice or a legal :::,pi_nion concerning any portion of the contract. Our Agency is not u;;dertak~ng to identify all potential liability that might arise under LhlS contract. This review is provided for your information and should nuL be relied upon by third parties. ",ny dQscription of insurance coverage is subject to the terms, conditions, :xclus~ons and other provisions of the policies and any applicable rogulations, rating rules or plans. ! I L PAGE 2 OATE 10/19/07 100 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified. true and exact copies of all insurance policies required shall be provided to Owner, .- on a timely basis, if requested by Owner. (5) The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt. of any notices of expiration, cancellation. non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder. Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. '9) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 100 coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, 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 provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B. must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida, WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ~ Yes _ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements GC-CA-B-2 b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee 100 ~ $1.000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) D Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) D Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes _ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors. Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate GC-CA-B-3 $ 300,000 $ 300,000 $ 300,000 $ 300.000 $ 50,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 50,000 $1,000.000 $1.000,000 100 Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $ 50.000 $ 5.000.000 $ 5.000,000 $ 5.000.000 $ 5,000,000 $ 50,000 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) o Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) o Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. GC-CA-B-4 100 (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5.000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other __ perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise, (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear, AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? L Yes _ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership. maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000.000 Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if - <;0. shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. GC-CA-B-5 100 - (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-6 lOG COUNTY OF COLLIER STATE OF FLORIDA) EXHIBIT C RELEASE AND AFFIDAVIT FORM Before me. the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands. damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated . 2007 for the period from to . excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns. that all charges for labor. materials, supplies. lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed. have been fully satisfied and paid, (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions. claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY ITS: President Witnesses DATE: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of . 2007, by ,- ~ .a corporation, on behalf of the corporation, He/she is personally known to me or has produced as identification and did (did not) take an oath, My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public. State of Commissioner No,: GC-CA-C-1 100 .. ~, 1'; EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: % % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION $ Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ = Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR (Contractor's Name) (Signature) DATE (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 Gl o (, )> ._. 0 , N ~I~I~I iT 1111;Ili~~rl ro IJlIQ I I ,ffi '~I:Tio -I 'CL:-c ICD , '~.ia1 ~~I ~ :J:::I,0 _ '@'!II:o r.: ......Im IQ. .u I 1~'lil~ I ,5 3 c 'I' ~1~15.. ~]II~r III .....1< ttml 310'15 - ' :' Q) glfi I I I: I~ ICD :):>1 i '&r'o , 'I '~~'I : I ij: liig" -,'t'ri 1-lfr'~I' , ~:-1 , I ,I I~I~ -+ J' ,~'~ ... I_1m '~,:,il '. "'~ 1~1~'g; ml I, I, , .1 1'1 . !I!I-- , !m!~: 'lll'l I , ~~, , 0,3- +- ,_II--1*1~II, ' i1ll~ , C '0 '~'-~~~,i ---I ;: aim ' :, : 13 io ' " II~I~ -f'-'II '-~~,~rl 5,~ ' I I I ,0> in I i~l![i I ;ffiCtl , , c i-I~I"j 'I~~'I I !~ro I ,:;3 ml i !:r'Ol, -il-r--'---'-I ~,: I I , I! 11il@.1 I ' o!~ I !~ 'T1!tlil J.I !ilJ~i II' "3 11_ ,m, ~ .LL.LLL I I --= LJ ~ m >< II~ ,~ ~i :>: III ' :~I~ i .... ' ,ml;: I; I 0 i :;Q, I . '0 !". II 0 " '" " Iii Ie , ,e, I~ :!l , '0 z I , I I -'- -+~ ,~ ,I! ! <I~ I , I~I! :J, I ~ ' '--I -+ I -l"tJ ; : ~ ~ I, I , ~ : ;I~~-UI , ~ i!5 15 0 I, 0 m:Po 0 , ! ~ g '~I'II i ~ ;;l ~ '~rt''iiOIV" ~I I 1m ~ ~,.E. C ~';!o r II, rn 0,'" i I Iii I 0, -l --t ,"-_, -+1, 1;:~I!!l 'I I m 0 , I I i , I~I~ ' I, , 'I' I '~ 1-1- I 10 " ~I~I~I~ : II' -I :::O:-l r- : I m~I~1 +T ' I~I~ , Ir-~ , , I ' ::t:-H-, I IOI~ I I~I~ I,' I--IT' -I I I~I<: :~,'" , 1_ m'_~~ II~I' III J~,~,'" ~ -':' I' i:;:,m -I -l,-lo I 1~lil~ , -'- -'- ..L - I -'- 100 ,>~~<, .~.""\ EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: FROM: Collier County Government Construction Agreement Dated: Date: Change Order Description Original Agreement Amount ...................... ................................ ...$ Sum of previous Change Orders Amount .......................................$ This Change Order Amount ...........................................................$ Revised Agreement Amount........................................................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Authorized by: Division Administrator Date: (For use by Owner: Fund Number: ) Cost Center: Object Code: Project GC-CA-E 100 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No PROJECT: Design Professional's Project No, CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all-inclusive. and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, GC-CA-F-1 100 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2007 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2007 CONTRACTOR By Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2007 OWNER By: Type Name and Title GC-CA-F-2 100 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No,: Contractor: Project No,: Date: .2007 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents, Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form), 3, Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form), 5, As-Built drawings obtained and dated: 6, Owner personnel trained on system and equipment operation, 7, Certificate of Occupancy No,: issued on (attach to this form). 8, Certificate of Substantial Completion issued on 9, Final Payment Application and Affidavits received from Contractor on: 10, Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase, 12, All Spare Parts or Special Tools provided to Owner: 13, Finished Floor Elevation Certificate provided to Owner: 14, Vendor Evaluation 15, Other: If any of the above is not applicable, indicate by N/A If NO is checked for any of the above. attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) GC-CA-G-1 By Design Professional: By Owner: GC-CA-G-2 100 .....,..' (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 100 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work. materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication. shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work. trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors. bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete. serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly. but without limitation, with respect to the following: GC-CA-H-1 100 those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 100 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price. listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC-CA-H-3 100 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC-CA-H-4 Ion 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof. because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC-CA-H-5 100 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of GC-CA-H-6 Ion ^,.... substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute. including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC-CA-H-7 100 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 8.1.3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items. both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall GC-CA-H-8 100 faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit. inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC-CA-H-9 100 'i,jft;. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or GC-CA-H-10 100 sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the GC-CA-H-11 100 Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. GC-CA-H-12 1 0 r,l , " 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense. with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including. but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 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. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities. footings. structures, trees and shrubbery. not indicated in the Contract Documents to be removed or altered. shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. GC-CA-H-13 100 "it .,. 16. ASSIGNMENT. 16,1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void, If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218,80, F,S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s), Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits, Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits, 17,2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17,3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work, 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents, 18,2 Owner shall notify Contractor in writing of Contractor's default(s), If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against GC-CA-H-14 100 the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials. tools. equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies. and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (I) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days GC-CA-H-15 100 through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certic::ate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of GC-CA-H-16 10[; Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work. without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. GC-CA-H-17 100 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. GC-CA-H-18 10D .t....~. . ;-,. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager. Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering. exposure, observation. inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, GC-CA-H-19 100 0",..... ..,.~",.. ,.", incorporating the necessary revIsions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior w'itten notice to Project Manager except under extraordinary circumstances. The super ltendent shall be employed by the Contractor and be the Contractor's representative A the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; GC-CA-H-20 10D such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition. the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor. or its subcontractors. agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be GC-CA-H-21 100 deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. GC-CA-H-22 100 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun. rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. GC-CA-H-23 100 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (OS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.neUpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOr) policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: GC-CA-H-24 lOD 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints. total time for completion, construction market conditions, availability of labor and materials. community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those GC-CA-H-25 lOD proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, GC-CA-H-26 100 "",t foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price. damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to. the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs GC-CA-H-27 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 100 Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PM IS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Consultant shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. GC-CA-H-28 100 Consultant shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. 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. GC-CA-H-29 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03 Lh 100 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling and Microsoft Project; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program/Risk Management Program; f. Quality Assurance/Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. 3. All engineering site plans and drawings referencing a specific geographic area must be submitted in an AutoCad 14 or later format drawn in the Florida State Plane East (US Feet) Coordinate System. The drawings should either reference specific established Survey monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or be derived from the RTK(Real-Time Kinematic) GPS Network as provided by the Collier County Transportation Division. FDEP 1 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W ATER-03Lh Florida Department of Environmental Protection Bureau of Water Facilities Funding Supplementary Conditions for Formally Advertised Construction Procurement FDEP 2 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh TABLE OF CONTENTS 100 FOR THE FLORIDA DEPARTMENT PROTECTION SUPPLEMENTARY CONDITIONS OF ENVIRONMENTAL Article Number Article Title Page 1 DEFINITIONS .............................................. FDEP-4 2 PRIVITY OF AGREEMENT/CONTRACT............................ FDEP-6 3 PROCUREMENT REQUIREMENTS........ ......................... FDEP-7 4 RESOLUTION OF PROTESTS AND CLAIMS/DISPUTES ............... FDEP-7 5 CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS ...... ...... FDEP-8 6 ADVERTISEMENT FOR BIDS; SUBMISSION OF BIDS; OPENING OF BIDS .......................................... FDEP-8 7 BONDS AND INSURANCE ...................................... FDEP-8 8 AWARD OF AGREEMENT/CONTRACT.............................. FDEP-9 9 CONTRACT TIME AND NOTICE TO PROCEED. ...... .... ...... ..... FDEP-10 10 ITEMIZED CONSTRUCTION COST BREAKDOWN; CONSTRUCTION AND PAYMENT SCHEDULES .... .... .......... ..... FDEP-10 11 AVAILABILITY OF LANDS .................................... FDEP-10 12 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONSTRUCTION PERMIT (S) ................................... FDEP-11 FDEP 3 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 13 ENG INEER ................................................. FDEP-ll 14 APPLICATIONS FOR PAYMENT ................................. FDEP-ll 15 ACCESS TO RECORDS ........................................ FDEP-ll 16 ACCESS TO WORK SITE(S) ................................... FDEP-ll 17* MINORITY AND WOMEN'S BUSINESS ENTERPRISES .......... ...... FDEP-ll 18* VIOLATING FACILITIES (SECTION 306 OF THE CLEAN AIR ACT, SECTION 508 OF THE CLEAN WATER ACT, AND EXECUT IVE ORDER 11738) ................................... FDEP-12 19* DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549) ......... FDEP-13 20 EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) ............................................. FDEP-14 *DESIGNATES PROVISIONS THAT ARE NOT REQUIRED FOR NON-EQUIVALENCY PROJECTS FDEP 4 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 100 AppendixAppendix Title Letter Page A* CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. FDEP-16 B NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) .... ..FDEP-lS C GOALS AND TIMETABLES FOR MINORITIES AND FEMALES . . . . . . . . . . . FDEP-2 0 D EQUAL OPPORTUNITY CLAUSE ......... .. ........... ............ FDEP-23 E NOTICE TO BE POSTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FDEP-25 F STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) . . . . . . . . . . . FDEP-2 6 G CERTIFICATION OF COMPLIANCE WITH 41 CFR 60-1.7: REPORTS AND OTHER REQUIRED INFORMATION.. .... ........ ..... FDEP-31 H CERTIFICATION OF NONSEGGREGATED FACILITIES............ ... FDEP-33 *DESIGNATES PROVISIONS THAT ARE NOT REQUIRED FOR NON-EQUIVALENCY PROJECTS FDEP 5 SUPPLEMENTARY CONOlTlONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh FDEP 6 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W ATER-03Lh FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS 100 The intent of the Florida Department of Environmental Protection (FDEP) Supplementary Conditions is to complement and supplement other provisions of the Bidding Documents. However, if there is any conflict between the FDEP Supplementary Conditions and other provisions of the Bidding Documents, the FDEP Supplementary Conditions shall take precedence over the other provisions except when the other provisions are similar to, but more stringent than, the FDEP Supplementary Conditions. When other provisions of the Bidding Documents are similar to, but more stringent than, the FDEP Supplementary Conditions, the more stringent provisions shall apply. ARTICLE 1 . DEFINITIONS 1.1. Wherever used in these Supplementary Conditions (except in the appendices to these Supplementary Conditions), the following terms have the meanings indicated, which are applicable to both the singular and plural thereof. 1.1.1. Addendum - A written or graphic instrument that is issued prior to the opening of bids and that clarifies, corrects, or changes the Bidding Documents. 1.1.2. Agreement or Contract - The written agreement between the Owner and the Contractor covering the Work to be performed and furnished; these Supplementary Conditions and other Contract Documents are attached to the Agreement/Contract and made a part thereof as provided therein. 1.1.3. Application for Payment - The form that is accepted by the Engineer and used by the Contractor in requesting progress and/or final payments and that is to include such supporting documentation as is required by the Contract Documents. 1.1.4. Bid - The offer or proposal of a bidder submitted on the prescribed form and setting forth the price(s) for the Work to be performed and furnished. 1.1.5. Bidder - Any person, firm, or corporation that submits a bid directly to the Owner. FDEP 7 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 1.1.6. Bidding Documents - The Advertisement for Bids or the Invitation to Bid, the Instructions to Bidders or the Information for Bidders, the Bid Form, the proposed Contract Documents, and all addenda. 100 1.1.7. Bond - An instrument of security. 1.1.8. Change Order - A document that is recommended by the Engineer and signed by the Contractor and the Owner; that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price FDEP 8 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh or the Contract Time; and that is issued on or after the Effective Date of the Agreement/Contract. 100 1.1.9. Contract Documents - The Agreement/Contract; the Contractor's Bid when attached as an exhibit to the Agreement/Contract; the Performance and Payment Bond(s); the General Conditions; the Supplementary Conditions (including these Supplementary Conditions); the Specifications (written technical descriptions of material, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto); the Drawings (drawings that show the character and scope of the Work to be performed and furnished); all addenda that pertain to the Contract Documents; and all change orders. 1.1.10. Contract Price - The moneys payable by the Owner to the Contractor under the Contract Documents as stated in the Agreement/Contract. 1.1.11. Contract Time - The number of days or the date stated in the Contract Documents for completion of the Work. 1.1.12. Contractor - The person, firm, or corporation with whom or which the Owner enters into the Agreement/Contract. 1.1.13. Effective Date of the Agreement/Contract - The date indicated in the Agreement/Contract on which the Agreement/Contract becomes effective, or if no such date is indicated in the Agreement/Contract, the date on which the Agreement/Contract is signed and delivered by the last of the two parties to sign and deliver the Agreement/Contract. 1.1.14. Engineer - The person, firm, or corporation named as such in the Contract Documents. 1.1.15. Minority Business Enterprise (MBE) - A historically Black college or university or a business that is (a) certified as socially and economically disadvantaged by the Small Business Administration, (b) certified as an MBE by a state or Federal agency, or (c) an independent business concern which is at least 51-percent owned and controlled by minority group members. (A minority group member is an individual who is a citizen of the United States and one of the following: [i] Black American; [ii] Hispanic American [with origins from Puerto Rico, Mexico, Cuba, or South or Central America]; [iii] Native American [American Indian, Eskimo, Aleut, or native Hawaiian]; or [iv] Asian-Pacific American [with origins from Japan, China, the Philippines, Vietnam, Korea, FDEP 9 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan, or the Indian Subcontinent].) 100 1.1.16. Notice to Proceed - The written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform its obligations under the Contract Documents. FDEPJO SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 1.1.17. Owner - The local government (municipality, county, district, or authority; or any agency thereof; or a combination of two or more of the foregoing acting jointly) with which the Florida Department of Environmental Protection may execute, or has executed, a State revolving fund loan agreement and for which the Work is to be provided. 100 1.1.18. Project - The total construction or facilities described in a State revolving fund loan agreement between the Florida Department of Environmental Protection and the Owner, of which the Work to be provided under the Contract Documents may be the whole or a part. 1.1.19. Subcontract - A direct contract between a subcontractor and the Contractor, or any other subcontractor at any tier, for the furnishing of goods (material and equipment) or the performance of services (including construction) necessary to complete the Work. 1.1.20. Subcontractor - A person, firm, or corporation having a direct contract with the Contractor, or any other subcontractor at any tier, for the furnishing of goods (material and equipment) or the performance of services (including construction) necessary to complete the Work. 1.1.21. Successful Bidder - The lowest responsive, responsible bidder to whom or which the Owner intends to award the Agreement/Contract. 1.1.22. Women's Business Enterprise (WBE) - A business that is (a) certified as a WBE by a state or Federal agency or (b) an independent business concern which is at least 51-percent owned and controlled/operated by women. (Determination of whether a business is at least 51-percent owned by women shall be made without regard to community property laws [e.g., an otherwise qualified WBE that is 51-percent owned by a married woman in a community property state will not be disqualified because the married woman's husband has a 50-percent interest in the married woman's share of the business; similarly, a business that is 51-percent owned by a married man and 49-percent owned by women will not become a qualified WBE by virtue of the married man's wife having a 50-percent interest in the married man's share of the business].) 1.1.23. Work - The entire completed consLruction or the various separately identifiable parts thereof r~quired to be performed and furnished under the Contract Documents; Work is the result of performing services, furnishing labor, furnishing material and equipment, and incorporating materia' and equipment into the construction as required by the Cor.tcdct Documents. FDEP II 100 SUPPLEMENTARY CONOITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh ARTICLE 2 - PRIVITY OF AGREEMENT/CONTRACT 2.1. The Owner expects to finance this Agreement/Contract with assistance from the Florida Department of Environmental Protection, which administers a State revolving fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency. Neither the State of Florida nor the United States (nor any of their FDEP12 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh departments, agencies, or employees) will be a party to this Agreement/Contract or any lower-tier subcontract. ARTICLE 3 - PROCUREMENT REQUIREMENTS 3.1. This Agreement/Contract and the Owner's solicitation and award of this Agreement/Contract are subject to requirements contained in Chapter 62-552 (Revolving Loan Program), Florida Administrative Code. ARTICLE 4 - RESOLUTION OF PROTESTS AND CLAIMS/DISPUTES Resolution of Protests Concerning the Owner's Solicitation and/or Award of this Agreement/Contract: 4.1. Protests concerning the Owner's solicitation and/or award of this Agreement/Contract must be filed in writing with the Owner to be considered. 4.2. All timely written protests concerning the Owner's solicitation and/or award of this Agreement/Contract are to be resolved in accordance with the Owner's dispute resolution process. A copy of the ordinance(s), resolution(s), or written policy(policies) that set forth the Owner's dispute resolution process is included elsewhere in the Bidding Documents or is to be made available by the Owner upon request. 4.3. Neither the Florida Department of Environmental Protection (FDEP) nor the United States Environmental Protection Agency (USEPA) will become a party to, or have any role in resolving, protests concerning the Owner's solicitation and/or award of this Agreement/Contract. Protest decisions made by the Owner can not be appealed to the FDEP or the USEPA. Resolution of Claims and Disputes Between the Owner and the Contractor: 4.4. Unless otherwise provided in the Contract Documents, all claims and disputes between the Owner and the Contractor arising out of, or relating to, the Contract Documents or the breach thereof are to be decided by arbitration (if the Owner and the Contractor mutually agree) or in a court of competent jurisdiction within the State of Florida. 4.5. Neither the Florida Department of Environmental Protection nor the United States Environmental Protection Agency will become a party FDEP13 SUPPLEMENTARY CONOITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W ATER-03Lh to, or have any role in resolving, claims and disputes between the Owner and the Contractor. 100 FDEP14 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) 10 0 EXHIBIT WATER-03Lh ARTICLE 5 - CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS 5.1. All changes to the Bidding Documents made subsequent to the Florida Department of Environmental protection's (FOEP's) acceptance of the Bidding Documents and prior to the opening of bids are to be documented via addendum (addenda) to the Bidding Documents; all changes to the Contract Documents made after the opening of bids are to be documented by change order(s) to the Contract Documents. The Owner shall submit all addenda and change orders to the FDEP. ARTICLE 6 - ADVERTISEMENT FOR BIOS; SUBMISSION OF BIOS; OPENING OF BIDS Advertisement for Bids: 6.1. At a minimum, this Agreement/Contract is to be advertised for bids in local and statewide newspapers. Submission of Bids: 6.2. Bidders shall submit their bids at the place and by the deadline indicated elsewhere in the Bidding Documents. Opening of Bids: 6.3. Bids are to be opened and read aloud publicly at the time and place indicated elsewhere in the Bidding Documents. ARTICLE 7 - BONOS AND INSURANCE Bid Guarantees: 7.1. Each bidder's bid is to be accompanied by a bid guarantee made payable to the Owner in an amount at least equal to five percent of the bidder's maximum bid price and in the form of a certified check or bid bond. Performance and Payment Bond(s) : 7.2. The Contractor shall furnish a combined performance and payment bond in an amount at least equal to 100 percent of the Contract Price (or, if required elsewhere in the Contract Documents, the Contractor shall furnish separate performance and payment bonds, each in an amount at least equal to 100 percent of the Contract Price) as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. This (these) FDEPI5 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh bond(s) are to be delivered to the Owner by the Contractor along the executed Agreement/Contract. The Owner shall forward a copy this(these) bond(s) to the Florida Department of Environmental Protection. FDEP16 with of SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh Insurance: 100 7.3. The Owner and/or the Contractor (as required elsewhere in the Contract Documents) shall purchase and maintain, during the period of construction, such liability insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims that may arise out of, or result from, the Contractor's performance and furnishing of the Work (whether the Work is to be performed or furnished by the Contractor or any subcontractor at the Work site) and the Contractor's other obligations under the Contract Documents. This insurance is to include workers' compensation insurance, comprehensive general liability insurance, comprehensive automobile liability insurance, and contractual liability insurance applicable to the Contractor's indemnification obligations and is to be written for not less than the limits of liability and coverages determined by the Owner or required by law, whichever is greater. 7.4. The Owner and/or the Contractor (as required elsewhere in the Contract Documents) shall purchase and maintain, during the period of construction, property insurance upon the Work at the Work site in an amount equal to the full replacement cost of the Work or the full insurable value of the Work. This insurance is to include the interests of the Owner, the Contractor, and all subcontractors at the Work site (all of whom are to be listed as insureds or additional insured parties); is to insure against the perils of fire and extended coverage; and is to include "all-risk" insurance for physical loss or damage due to theft, vandalism and malicious mischief, collapse, water damage, and/or all other risks against which coverage is obtainable. 7.5. Before any Work at the Work site is started, the Contractor shall deliver to the Owner certificates of insurance that the Contractor is required to purchase and maintain in accordance with Paragraphs 7.3 and 7.4 of this Article and other provisions of the Contract Documents, and the Owner shall deliver to the Contractor certificates of insurance that the Owner is required to purchase and maintain in accordance with Paragraphs 7.3 and 7.4 of this Article and other provisions of the Contract Documents. The Owner shall forward a copy of these certificates to the Florida Department of Environmental Protection. ARTICLE 8 - AWARD OF AGREEMENT/CONTRACT 8.1. If this Agreement/Contract is awarded, it is to be awarded to the lowest responsive, responsible bidder. A fixed-price (lump-sum or unit-price or both) agreement/contract is to be used. A clear explanation of the method of evaluating bids and the basis for awarding this Agreement/Contract FDEP17 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh are included elsewhere in the Bidding Documents. All bids may be rejected when in the best interest of the Owner. FDEPl8 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh ARTICLE 9 - CONTRACT TIME AND NOTICE TO PROCEED 100 Contract Time: 9.1. The number of days within which, or the date by which, the Work is to be completed and ready for final payment (the Contract Time) is set forth elsewhere in the Contract Documents. Notice to Proceed: 9.2. The Owner shall give the Contractor a notice to proceed fixing the date on which the Contract Time will commence to run. The Owner shall forward a copy of this notice to proceed to the Florida Department of Environmental Protection. ARTICLE 10 - ITEMIZED CONSTRUCTION COST BREAKDOWN; CONSTRUCTION AND PAYMENT SCHEDULES 10.1. The Contractor shall submit to the Owner, within ten calendar days after the Effective Date of this Agreement/Contract, an itemized construction cost breakdown and construction and payment schedules. 10.1.1. The itemized construction cost breakdown, or schedule of values, is to include quantities and prices of items aggregating the Contract Price and is to subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices are to include an appropriate amount of overhead and profit applicable to each item of Work. 10.1.2. The construction, or progress, schedule is to indicate the Contractor's estimated starting and completion dates for the various stages of the Work and is to show both the projected cost of Work completed and the projected percentage of Work completed versus Contract Time. 10.1.3. The payment schedule is to show the Contractor's projected progress and final payments cumulatively by month. ARTICLE 11 - AVAILABILITY OF LANDS 11.1. The Owner shall furnish all lands and shall obtain all rights-of-ways and easements upon which the Work is to be performed and furnished. FDEP19 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 100 ARTICLE 12 - FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONSTRUCTION PERMIT(S) 12.1. The Owner shall obtain the appropriate Florida Department of Environmental Protection construction permit(s) required for the Work. ARTICLE 13 - ENGINEER 13.1. The Owner shall employ a professional engineer registered in the State of Florida to oversee the Work. ARTICLE 14 - APPLICATIONS FOR PAYMENT 14.1. The Contractor's applications for payment are to be accompanied by such certificates or documents as may be reasonably required. The Owner shall forward a copy of such certificates or documents as may be reasonably required to the Florida Department of Environmental Protection. ARTICLE 15 - ACCESS TO RECORDS 15.1. Authorized representatives of the Owner, the Florida Department of Environmental Protection, and the United States Environmental Protection Agency shall have access to, for the purpose of inspection, any books, documents, papers, and records of the Contractor that are pertinent to this Agreement/Contract. The Contractor shall retain all books, documents, papers, and records pertinent to this Agreement/Contract for a period of five years after receiving and accepting final payment under this Agreement/Contract. ARTICLE 16 - ACCESS TO WORK SITE(S) 16.1. Authorized representatives of the Owner, the Florida Department of Environmental Protection (FDEP), and the United States Environmental Protection Agency (USEPA) shall have access to the Work site(s) at any reasonable time. The Contractor shall cooperate (including making available working copies of plans and specifications and supplementary materials) during Work site inspections conducted by the Owner, the FDEP, or the USEPA. GC-CA-I-1 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 100 ARTICLE 17 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES 17.1. A goal of ~* percent of the Contract Price is established for Minority Business Enterprise (MBE) participation in the Work, and a goal of 3 * percent of the Contract Price is established for Women's Business Enterprise (WBE) participation in the Work. If bidders or prospective contrators (including the Contractor) intend to let any lower-tier goods or services (including construction) subcontracts for any portion of the Work, they shall physically include these percentage goals for MBE and WBE participation in all solicitations for subcontracts and shall take affirmative steps to assure that MBEs and WBEs are utilized, when possible, as sources of goods and services. Affirmative steps are to include the following: (a) including small, minority, and women's businesses on solicitation lists; (b) assuring that small, minority, and women's businesses are solicited whenever they are potential sources; (c) dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small, minority, and women's businesses; (d) establishing delivery schedules, when requirements permit, that will encourage participation by small, minority, and women's businesses; and (e) using the services of the Small Business Administrative and the Office of Minority Business Enterprise of the United States Department of Commerce as appropriate. *The percentage goals for MBE and WBE participation are to be inserted by the Owner and are to be based upon the percentage goals that have been, or will be, stipulated in the State revolving fund loan agreement for the Owner's FDEp-assisted Project. 17.2. Within ten calendar days after being notified of being the apparent Successful Bidder, the apparent Successful Bidder shall submit to the Owner documentation of the affirmative steps it has taken to utilize Minority and Women's Business Enterprises (MBEs and WBEs) in the Work and documentation of its intended use of MBEs and WBEs in the Work. The Owner shall keep this documentation on file and shall forward to the Florida Department of Environmental Protection a copy of the apparent Successful Bidder's documentation concerning its intended use of MBEs and WBEs in the Work. 17.3. Minority and Women's Business Enterprise (MBE and WBE) participation in the Work is to be considered in the award of this GC-CA-I-2 100 SUPPLEMENTARY CONOlTIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh Agreement/Contract. The Owner shall not execute this Agreement/Contract until the Florida Department of Environmental Protection has approved the extent of MBE and WBE participation in the Work. ARTICLE 18 - VIOLATING FACILITIES (SECTION 306 OF THE CLEAN AIR ACT, SECTION 508 OF THE CLEAN WATER ACT, AND EXECUTIVE ORDER 11738) 18.1. The Contractor, and all subcontractors at any tier, shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. l857[h]), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 (Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans), and 40 CFR Part 15, which prohibit the use, under nonexempt Federal contracts, grants, or loans, of facilities included on the United States Environmental Protection Agency's List of Violating Facilities. 18.2. In accordance with 40 CFR Part 15, if the price of this Agreement/Contract exceeds $100,000 and/or if this Agreement/Contract is otherwise nonexempt from 40 CFR Part 15, the Contractor agrees to the following: 18.2.1. the Contractor will not use any facility on the United States Environmental Protection Agency's List of Violating Facilities in the performance of this Agreement/Contract for the duration of time that the facility remains on the List; 18.2.2. the Contractor will notify the Florida Department of Environmental Protection/United States Environmental Protection Agency (USEPA) if a facility it intends to use in the performance of this Agreement/Contract is on the USEPA's List of Violating Facilities or if it knows that a facility it intends to use in the performance of this Agreement/Contract has been recommended to be placed on the USEPA's List of Violating Facilities; and 18.2.3. in the performance of this Agreement/Contract, the Contractor will comply with all requirements of the Clean Air Act and the Clean Water Act, including the requirements of Section 114 of the Clean Air Act and Section 308 of the Clean Water Act, and all applicable clean air standards and clean water standards. GC-CA-I-3 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 18.3. If the Contractor, or any subcontractor at any tier, awards any lower-tier goods or services (including construction) subcontracts for any portion of the Work, it shall physically include in all such subcontracts the following provision: 18.3.1. The Subcontractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857[h]), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 (Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans), and 40 CFR Part 15, which prohibit the use, under nonexempt Federal contracts, grants, or loans, of facilities included on the United States Environmental Protection Agency's (USEPA's) List of Violating Facilities. In accordance with 40 CFR Part 15, if the price of this Subcontract exceeds $100,000 and/or if this Subcontract is otherwise nonexempt from 40 CFR Part 15, the Subcontractor agrees to the following: (a) the Subcontractor will not use any facility on the USEPA's List of Violating Facilities in the performance of this Subcontract for the duration of time that the facility remains on the List; (b) the Subcontractor will notify the Florida Department of Environmental Protection/USEPA if a facility it intends to use in the performance of this Subcontract is on the USEPA's List of Violating Facilities or if it knows that a facility it intends to use in the performance of this Subcontract has been recommended to be placed on the USEPA's List of Violating Facilities; and (c) in the performance of this Subcontract, the Subcontractor will comply with all requirements of the Clean Air Act and the Clean Water Act, including the requirements of Section 114 of the Clean Air Act and Section 308 of the Clean Water Act, and all applicable clean air standards and clean water standards. In addition, if the Subcontractor awards any lower-tier goods or services (including construction) subcontracts under this Subcontract, the Subcontractor shall physically include this provision in all such subcontracts. ARTICLE 19 - DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549) 19.1. If the price of this Agreement/Contract equals or exceeds $25,000, the Owner shall not award this Agreement/Contract, nor permit any lower-tier goods or services (including construction) subcontract with a price equaling or exceeding $25,000 to be awarded, to any party that is debarred or suspended or is otherwise excluded from, or ineligible for participation in, Federal assistance programs under Executive Order 12549 (Debarment and Suspension). GC-CA-I-4 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh 100 19.2. The attention of all bidders or prospective contractors (including the Contractor) is directed to the certification/clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions", which has been extracted from Appendix B to 40 CFR Part 32 and included as Appendix A to these Supplementary Conditions. The certification/clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions" is applicable to this Agreement/Contract if the price of this Agreement/Contract equals or exceeds $25,000. 19.3. If bidders or prospective contractors (including the Contractor), or any prospective subcontractors at any tier, intend to let any lower-tier goods or services (including construction) subcontracts for any portion of the Work, they shall physically include the certification/clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions", which is included as Appendix A to these Supplementary Conditions, in all lower-tier goods and services (including construction) subcontracts with a price equaling or exceeding $25,000 and in all solicitations for such subcontracts. ARTICLE 20 - EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 20.1. If the price of this Agreement/Contract exceeds $10,000, the Contractor, and each construction subcontractor awarded a lower-tier construction subcontract with a price exceeding $10,000, shall comply with Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity), as amended by Executive Order 11375 of October 13, 1967, and as supplemented in United States Department of Labor regulations (41 CFR Part 60). 20.2. The attention of all bidders or prospective contractors (including the Contractor) is directed to the following, all of which are applicable to this Agreement/Contract if the price of this Agreement/Contract exceeds $10,000: 20.2.1. the "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)", which has been extracted from 41 CFR 60-4.2(d) and included as Appendix B to these Supplementary Conditions; GC-CA-I-5 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh 100 20.2.2. the "Goals and Timetables for Minorities and Females", which are included as Appendix C to these Supplementary Conditions; 20.2.3. the "Equal Opportunity Clause", which has been extracted from 41 CFR 60-1.4(b) and included as Appendix D to these Supplementary Conditions; 20.2.4. the "Notice to Be Posted", which has been extracted from 41 CFR 60-1.42(a) and included as Appendix E to these Supplementary Conditions; 20.2.5. the "Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)", which have been extracted from 41 CFR 60-4.3(a) and included as Appendix F to these Supplementary Conditions; 20.2.6. the "Certification of Compliance with 41 CFR 60-1.7: Reports and Other Required Information", which is required by 41 CFR 60-1.7(b) and is included as Appendix G to these Supplementary Conditions; and 20.2.7. the "Certification of Nonsegregated Facilities", which is required by 41 CFR 60-1.8(b) and is included as Appendix H to these Supplementary Conditions. 20.3. If bidders or prospective contractors (including the Contractor), or any prospective construction subcontractors at any tier, intend to let any lower-tier construction subcontracts for any portion of the Work, they shall physically include in all lower-tier construction subcontracts with a price exceeding $10,000 and in all solicitations for such subcontracts the "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)", the "Goals and Timetables for Minorities and Females", the "Equal Opportunity Clause", the "Notice to Be Posted", the "Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)", the "Certification of Compliance with 41 CFR 60-1.7: Reports and Other Required Information", and the Certification of Nonsegregated Facilities", which are included as Appendices B through H to these Supplementary Conditions. 20.4. If the price of this Agreement/Contract exceeds $10,000, all bidders shall complete and submit to the Owner, with their bids, the "Certification of Compliance with 41 CFR 60-1.7: Reports and Other Required Information", which 3 included as Appendix G to these Supplementary Conditions. In ,ddition, if bidders GC-CA-I-6 101 L: SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh (including the Contractor), or any prospective construction subcontractors at any tier, intend to let any lower-tier construction subcontracts for any portion of the Work, they shall obtain the "Certification of Compliance with 41 CFR 60-1. 7: Reports and Other Required Information" from each prospective construction subcontractor that may be awarded a lower-tier construction subcontract with a price exceeding $10,000 and shall do so at the time bids or offers for each such subcontract are received or at the outset of negotiations for each such subcontract. 20.5. If the price of this Agreement/Contract exceeds $10,000, the apparent Successful Bidder shall complete and submit to the Owner, within ten calendar days after being notified of being the apparent Successful Bidder, the "Certification of Nonsegregated Facilities", which is included as Appendix H to these Supplementary Conditions. In addition, if the Contractor, or any construction subcontractor at any tier, intends to let any lower-tier construction subcontracts for any portion of the Work, it shall obtain the "Certification of Nonsegregated Facilities" from each prospective construction subcontractor that will be awarded a lower-tier construction subcontract with a price exceeding $10,000 and shall do so before awarding each such subcontract. 20.6. If the price of this Agreement/Contract exceeds $10,000, the Owner shall give written notice to the Director of the Office of Federal Contract Compliance Programs within ten working days of award of this Agreement/Contract. The notice is to include the name, address, and telephone number of the Contractor; the employer identification number of the Contractor; the dollar amount of this Agreement/Contract; the estimated starting and completion dates of this Agreement/Contract; the number of this Agreement/Contract; and the geographical area in which the Work is to be performed. 20.7. If the price of this Agreement/Contract equals or exceeds $50,000 and if the Contractor has 50 or more employees, the Contractor shall file with the Florida Department of Environmental Protection (FDEP)/United States Environmental Protection Agency (USEPA), within 30 calendar days after the award of this Agreement/Contract, a report on Standard Form 100 (EEO-l), which has been promulgated jointly by the Office of Federal Contract Compliance Programs, the Equal Employment Opportunity Commission, and Plans for Progress, unless the Contractor has submitted such a report within 12 months preceeding the date of award of this Agreement/Contract. In addition, the Contractor shall ensure that GC-CA-I-7 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh 100 each construction subcontractor having 50 or more employees and a lower-tier construction subcontract with a price equaling or exceeding $50,000 also files with the FDEP/USEPA, within 30 calendar days after the award to it of the lower-tier construction subcontract, a report on Standard Form 100 (EEO-l) unless the construction subcontractor has submitted such a report within 12 months preceding the date of award of the lower-tier construction subcontract. (Subsequent reports are to be submitted annually in accordance with 41 CFR 60-1.7(a) or at such other intervals as the Director of the Office of Federal Contract Compliance Programs may require. ) GC-CA-I-8 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh Ion u APPENDIX A TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS [Note: This certification/clause has been extracted from Appendix B to 40 CFR Part 32 and is applicable to all FDEP-assisted goods and services (including construction) contracts and subcontracts with a price equaling or exceeding $25,000; this certification/clause is to be included in all FDEP-assisted goods and services (including construction) contracts and subcontracts with a price equaling or exceeding $25,000 and in all solicitations for such contracts and subcontracts.] Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction ", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. GC-CA-I-9 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 100 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared GC-CA-I-10 100 SUPPLEMENTARY CONOITlONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (3) The prospective lower-tier participant also certifies that it and its principals: (a) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (3) (a) of this certification; and (c) Have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective lower-tier participant is unable to certify to any of the above, such prospective participant shall attach an explanation to this proposal. GC-CA-I-11 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 100 APPENDIX B TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) [Note: This notice has been extracted from 41 CFR 60-4.2(d) and is applicable to all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000; this notice is to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on on all construction work in the covered area, are as follows: Goals for minority Goals for female Timetables in each participation for each participation trade trade Indefinite 17 .1 6.9 These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. GC-CA-I-12 SUPPLEMENTARY CONOlTlONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 100 The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Collier County, Florida (Insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any.) GC-CA-I-13 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh 100 APPENDIX C TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS GOALS AND TIMETABLES FOR MINORITIES AND FEMALES [Note: These goals and timetables are the goals and timetables referred to in ~bLbgrbph 2 01 the "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Exec~tive Order 11246)"; these goals and timetables are to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] Appendix A The following goals and timetables for female utilization shall be included in all Federal and federally assisted construction contracts and subcontracts in excess of $10,000. The goals are applicable to the contractor's aggregate on-site construction workforce whether or not part of that workforce is performing work on a Federal or federally-assisted construction contract or subcontract. Area covered: Goals for Women apply nationwide. Goals and Timetables Timetable Goals (percent) Indefinite 6.9 Appendix B-80 Until further notice, the following goals for minority utilization in each construction craft and trade shall be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, federally assisted or nonfederally related project, contract or subcontract. Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4.5) are requlred to comply with the goals of the Hometown Plan with regard to construction work they GC-CA-I-14 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA or EA goal contained in this Appendix 8-80. GC-CA-I-15 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh Economic Areas 100 State (percent) Goal Florida 041 Jacksonville, FL: SMSA Counties: 2900 Gainesville, FL 20.6 FL - Alachua 3600 Jacksonville, FL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21.8 FL - Baker, Clay, Duval, Nassau, St. Johns Non-SMSA Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22.2 FL - Bradford, Columbia, Dixie, Gilchrist, Hamilton, LaFayette, Levy, Marion, Putnam, Suwannee, Union; GA - Brantley, Camden, Charlton, Glynn, Pierce, Ware 042 Orlando - Melbourne - Daytona Beach, FL: SMSA Counties: 2020 Daytona Beach, FL 15.7 FL - Volusia 4900 Melbourne - Titusville - Cocoa, FL . . . . . . . . . . . . . . .. 10.7 FL - Brevard 5960 Orlando, FL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15.5 FL - Orange, Osceola, Seminole Non-SMSA Counties 14.9 FL - Flagler, Lake, Sumter 043 Miami - Fort Lauderdale, FL: SMSA Counties: 2680 Fort Lauderdale - Hollywood, FL . . . . . . . . . . . . . . . . . .. 15.5 GC-CA-I-16 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh FL - Broward 5000 Miami, FL 39.5 FL - Dade 8960 West Palm Beach - Boca Raton, FL . . . . . . . . . . . . . . . . .. 22.4 FL - Palm Beach Non-SMSA Counties 30.4 FL - Glades, Hendry, Indian River, Martin, Monroe, Okeechobee, St. Lucie GC-CA-I-17 100 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh Economic Areas State (percent) Goal Florida - continued 044 Tampa - St. Petersburg, FL: SMSA Counties: 1140 Bradenton, FL .................................... . 15.9 FL - Manatee 2700 Fort Myers, FL ................................... . 15.3 FL - Lee 3980 Lakeland - Winter Haven, FL . . . . . . . . . . . . . . . . . . . . . .. 18.0 FL - Polk 7510 Sarasota, FL ..................................... . 10.5 FL - Sarasota 8280 Tampa - St. Petersburg, FL . . . . . . . . . . . . . . . . . . . . . . .. 17.9 FL - Hillsborough, Pasco, Pinellas Non-SMSA Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17.1 FL - Charlotte, Citrus, Collier, DeSoto, Hardee, Hernando, Highlands 045 Tallahassee, FL: SMSA Counties: 8240 Tallahassee, FL .................................. . 24.3 FL - Leon, Wakulla Non-SMSA Counties ....................................... . 29.5 FL - Calhoun, Franklin, Gadsden, Jackson, Jefferson, Liberty, Madison, Taylor 046 Pensacola - Panama City, FL: SMSA Counties: GC-CA-I-18 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh 100 6015 Panama City, FL 14.1 FL - Bay 6080 Pensacola, FL 18.3 FL - Escambia, Santa Rosa Non-SMSA Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15.4 FL - Gulf, Holmes, Okaloosa, Walton, Washington GC-CA-I-19 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh 100 APPENDIX D TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS EQUAL OPPORTUNITY CLAUSE [Note: This clause has been extracted from 41 CFR 60-1.4(b) and is applicable to all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000; this clause is to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. GC-CA-I-20 10D SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. GC-CA-I-21 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 100 APPENDIX E TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS NOTICE TO BE POSTED [Note: This notice has been extracted from 41 CFR 60-1.42(a) and is the notice referred to in Paragraphs (1) and (3) of the "Equal Opportunity Clause"; this notice is to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW - DISCRIMINATION IS PROHIBITED BY THE CIVIL RIGHTS ACT OF 1964 AND BY EXECUTIVE ORDER NO. 11246 Title VII of the Civil Rights Act of 1964 - Administered by: THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 75 or more employees, by Labor Organizations with a hiring hall of 75 or more members, by Employment Agencies, and by Joint Labor-Management Committees for Apprenticeship or Training. After July 1, 1967, employers and labor organizations with 50 or more employees or members will be covered; after July 1, 1968, those with 25 or more will be covered. ANY PERSON Who believes he or she has been discriminated against SHOULD CONTACT THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 2401 E Street NW, Washington, D.C. 20506 Executive Order No. 11246 - Administered by: THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. GC-CA-I-22 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 100 By all Federal Government Contractors and Subcontractors, and by Contractors Performing Work Under a Federally Assisted Construction Contract, regardless of the number of employees in either case. ANY PERSON Who believes he or she has been discriminated against SHOULD CONTACT THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS U.S. Department of Labor, Washington, D.C. 20210 APPENDIX F TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) [Note: These specifications have been extracted from 41 CFR 60-4.3(a) and are applicable to all FDEp-assisted construction contracts and subcontracts with a price exceeding $10,000; these specifications are to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts. ] 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); GC-CA-I-23 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh 100 (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification) 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the u.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors performing construction work in geographical areas where they do not have a Federal or GC-CA-I-24 lOG SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL REGISTER in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the u.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities GC-CA-I-25 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh 10D available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employmen', decisions including specific review of these items with o~site supervisory personnel such as Superintendents, General Forc~en, etc., prior to the initiation of construction work at any job site. A written GC-CA-I-26 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and GC-CA-I-27 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh 100 necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling anyone or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized) . GC-CA-I-28 IOu SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligation under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under GC-CA-I-29 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh the Public Works Employment Act of 1977 and the Community Development Block Grant Program). GC-CA-I-30 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh APPENDIX G TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION OF COMPLIANCE WITH 41 CFR 60-1.7: REPORTS AND OTHER REQUIRED INFORMATION [Note: This certification is required by 41 CFR 60-l.7(b) and is applicable to all FDEp-assisted construction contracts and subcontracts with a price exceeding $10,000; this certification is to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] This certification relates to a construction contract proposed by Collier County, Florida, which expects to finance the proposed (insert the name of the Owner) construction contract with assistance from the Florida Department of Environmental Protection (which administers a State revolving fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency). I am the undersigned prospective construction contractor or subcontractor. I certify that... (1) I have/ have not participated in a previous contract or subcontract subject to the Equal Opportunity Clause and (2) if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause, I have/ have not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I understand that, if I have participated in a previous contract or subcontract subject to the Equal Opportunity Clause and have failed to file all reports due under the applicable filing requirements, I am not eligible, and will not be eligible, to have my bid or offer considered, or to enter into the proposed contract or subcontract, unless and until I make an arrangement regarding such reports that is satisfactory to the office where the reports are required to be filed. I agree that I will obtain identical certifications from prospective lower-tier construction subcontractors when I receive bids or offers or initiate negotiations for any lower-tier GC-CA-I-31 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh construction subcontracts with a price exceeding $10,000. agree that I will retain such certifications in my files. (Signature of Authorized Official) 100 I also (Date) (Name and Title of Authorized Official [Print or Type]) GC-CA-I-32 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh (Name of Prospective Construction Contractor or Subcontractor [Print or Type]) (Address and Telephone Number of Prospective Construction Contractor or Subcontractor [Print or Type]) (Employer Identification Number of Prospective Construction Contractor or Subcontractor) GC-CA-I-33 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 100 .. APPENDIX H TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION OF NONSEGREGATED FACILITIES [Note: This certification is required by 41 CFR 60-1. 8 (b) and is applicable to all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000; this certification is to be included in all FDEP-assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] This certification relates to a construction contract proposed by Collier County, Florida, which expects to finance the proposed (insert the name of the Owner) construction contract with assistance from the Florida Department of Environmental Protection (which administers a State revolving fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency). I am the undersigned prospective construction contractor or subcontractor. I certify that I do not and will not maintain any facilities I provide for my employees in a segregated manner and that I do not and will not permit my employees to perform their services at any locations under my control where segregated facilities are maintained. I agree that I will obtain identical certifications from prospective lower-tier construction subcontractors prior to the award of any lower-tier construction subcontracts with a price exceeding $10,000. I also agree that I will retain such certifications in my files. (Signature of Authorized Official) (Date) (Name and Title of Authorized Official [Print or Type]) (Name of Prospective Construction Contractor or Subcontractor [Print or Type]) GC-CA-I-34 lOL SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh (Address and Telephone Number of Prospective Construction Contractor or Subcontractor [Print or Type]) (Employer Identification Number of Prospective Construction Contractor or Subcontractor) GC-CA-I-35 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh 10D EXHIBIT J TECHNICAL SPECIFICA TrONS GC-CA-J-1 -'----'-~.~~,."._..u.._~__.....~_..__.___".__.. 100 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT WATER-03Lh EXHIBIT K PERMITS GC-CA-K-1 SUPPLEMENTARY CONDITIONS (CONSTRUCTION PROCUREMENT) EXHIBIT W A TER-03Lh EXHIBIT L STANDARD DETAILS GC-CA-L-1 100 100 EXHIBIT M PLANS AND SPECIFICATIONS GC-CA-M-1 100 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1 Gl o o ~ 6 , ~ 0 .. - CD 0 CD Ul n ~ ~. - o. .. C/l i oj" ~ z- c .. 3 ~ C" -. CD n ~ CD ;041 CD CD n < CD -. ~ -.0 < c CD Ul Q.- '< ;!;o -. CD Ul n "'DCD OJ ~ <' -. CD o Q. Q. _"'D .. ~ Ul CD -< .. -. 0 _0 -c CD Ul Q.- '>< -I:I: m_ :;OlD 5>=i ro CIl :;0 m o o :;0 c ORIGINAL DOCUMENTS CHECKLIST & ROUTIl'lnrE I i~ I . TO ACCOMPANY ALL ORIGINAL DOCUMENTS S~ "" THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim on pink pap.... AltI<:h ., original d~-. Original "~~-.. 3houJd be !wid delivered ., tbJl Bout! Office. TheClllllpw..! lOwiDg!lip md original d~-"are"betbcwmfed..,tbJlBout!OflU:conlymtbJlBoudbast1lo'l.aaum.ontbJli__) . . , ,., .. , . . ,ROUTING SLlP. . Cmnplcte routing !iDes 'llllrough 114 as ~ fer addililmlsillJ1ll'lIl"S, dales, mdlorintbrmalion necded..IttbJl dNrn._,,, m.dy Clllllplcte witIL!be tionat.tbJl '""""""-'s ' dr2waline throu I'llIIlin !iIles'! throu 114, I= tbJl d1ecklI3l; and!brward., S...FiI.mlI (lilIe1lS). Route to Addressee(s) . Office Initials Date (Li.tt in routin order) ..." L PRIMARY CONTACT INFORMATION ('!be primlIry - " !be bc_ of <he original documeo' pceding Bce appmvul. Normally the primlIry ccn= i> <he pmOll wbc <:re:lIl:dIJ>r' <he executive SUIJUZWy. Primary CCDClCl: iDfommtiOD. is l1CCdcd. in d:le event ODe of cbe 3ddresse=s i1bove. including Sue Filsoa. need to cpattct ~ for lIdditioaa.l or missing iDfcnaadoa. All original d.,..,~-~ needing <Iln BCe Chairman', signn_ "" '" b. <loUvered ., <he BCe office only after <he Bce bas aaod ID 'PP"'ve <he itaa.) Name of Primary Staff Contact Agenda Date Item Wll:l roved b the BCC Type of Document Atlached \,', 2. 3. 4. 5. Sue FIlson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office Phone Number Agenda Item Number IE> 9 ZDo7 A J.. t\ €.() ~\,LJY\ ~ Number of Original Documents Atlached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"NJA" in the Not Applicable column. whichever is Ie. 1.. Original document bas been sigDedl"mitialed fur legal sUfficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Oflice of the County A11/Jrney. This includes signalllre pages from ordinam:cs. resolutions. etc. signed by the County A11/Jrney's Office and signalllre pageS from contracts, agreements, ere. that have been fnlly =uteri by all parties except the BCC Chairman and Clerk to the Board and I Slate Officials.) 2. AIllwldwritten.strike-through and revisions have been initialed by the County ~y: s Office and all other arties t the BCe Chairman and the Clerk to the Board 3. The CllaiIlpan's signature line t!ale bas been entered as the date ofBCC approval of the document or the final ne tiatcd contract t!ale whichever is licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si. and initials are r uired.. 5. In ri10st = (some contracts are an excepticn), the original document and this roWing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCe on (enter date) and all c:hanges made during the meeting have been incorpo . the attached document. The Coon Attorn's Office has reviewed the es, if a Iicable. ;!..62... - 89/7 /0& I Yes (Initial) N/A(Not licable) ~a.f> ,- rJ/A ";).Cl.P t - .tJ /,q ~ FonmI CoUllty FonmI Bce FonmI Original D<xmnous Rowing Slip WWS Original9,D:l.04, Revised 1.26,OS, Rcvi3ed 2.24,0$ 10 E ADDENDUM TO AGREEMENT II f/" '- t THIS ADDENDUM is entered into this day of e f'1 f. h u.. , 2007, by and between MARILYN H. ADKINS, AS TRUSTEE OF THE MARILYN H. ADKINS REVOCABLE TRUST U1D/T DATED JULY 8,1997, as to an undivided one- eight (1/8) interest, whose address is 15232 Fiddlesticks Blvd, Ft. Myers, FL 33912, JOAN H. BICKEL, TRUSTEE OF THE JOAN H. BICKEL LIVING TRUST DATED MARCH 29, 2000, as to an undivided three-eights (3/8) interest, whose address is 15 Wood creek Lane, Frisco, TX 75034, and HUGH E. STARNES AND JUDY A. STARNES, A/K/A JUDY ANN STARNES, husband and wife, as to an undivided one- half (1/2) interest, whose address is 3715 McGregor Boulevard, Fort Myers, FL 33901, (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, (hereinafter referred to as "County"), as to an undivided ninety-four point four (94.4%) percent interest, whose address is 3301 Tamiami Trail East, Naples, FL 34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non profit corporation, (hereinafter referred to as "CREW'). as to an undivided five point six (5,6%) percent interest, (hereinafter collectively referred to as "Purchaser"), Purchaser and Seller entered into that certain Agreement for Sale and Purchase dated (the "Agreement"), Subsequent to entering into the Agreement and pursuant to provision _ of the Agreement, Purchaser and Seller wish to append the Agreement with the following additional terms and eonditions: 1, Paragraph 4,014 of the Agreement should be modified to read "Reservations of oil, gas, and mineral rights that exist in the chain of title as well as applicable leases may affect Purchaser's use of Property for conservation purposes, Purchaser shall have one hundred and fifteen (115) davs from the effective date of this Agreement to obtain releases of such rights to surface exploration and mining or to otherwise satisfy concerns that surface exploration and mining will not occur on Property, or to otherwise terminate this Agreement at no penalty," Except as expressly provided herein, the Agreement between the Purchaser and the Seller remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein, IN WITNESS WHEREOF, the Purchaser and Seller have hereto executed this Addendum the day and year first above written, IN WITNESS WHEREOF, the parties hereto have signed below, Dated Project/Acquisition Approved by BCC: /[ 'I { '7 (2y/ r,L t~C "I( ;Il 7TJ{)C; AS TO PURCHASER: ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,<,-," ~\ ,0,(,. BY: Clerk JAMES COLETTA, Chairman ~~ " , :' ~~ - ~,' : :,,,~.,.., Ii Item # lO~ ~~~da 10 -4-0 Date l \ -'2.1-D Rec'd - ...^..~...", .~" DATED: l\ - \'\-01 WITNESSES: ~U ~~ '0 ~~~ L,""A- r-I\fW...\.€... 'D'Aml La (Printed Name) ~/I~ eN 1Z.16J:"NE. 5. B,;{l..f2.Y (Printed Name) 10 E CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST, INCORPORATED, a Florida non profit corporation By:0rn~ RayJud airman AS TO SELLER: DATED: Ii/ 6/0 if f f WITNESSES: ~;3(!~~ (Signature) /fe/en !3. Cru'Y/1 6,e (Printed Name) DATED:~ WITNESSES: )Lew 13. C !clL-4 ~~ (Signature) , I-Ie! eN /J (! yo rn 6.. e. (Printed Name) 10 E BY iij 1v/I}f6;~'--~ HUGH .STARNES d12ltL~v ES a/kla JUDY ANN STARNES IDE A.S TO SF! ! _Fr~: r\ ^'-r,r'\. l.lM! rLJ \/\fITNE=SSFS' ~>/;,..,...-r_[,_- 1,.( ..;T- (SiQnature) -f / '~1:j_..,:_J, [. (- ~ /// " A '-.//J,' I /u'! L' ,,,,.1 /' /<//"" / _ (, / .<.;1 '. D!: /. 11..t~ !//'/ ---c<.-I!. Ll(~ rV1At;tIL YN H.' ADKINS, AS TRUSTEE OF THF MI\RiI YN H ADKINS RFVOr.ABI. F TRIJST lJ/DfT DATFD ,J?7"y/;; r.r'.";';,tf: J- ,- j---:- L-'/Y c-~'O n:}6~c.tr...-t ~'~"".iI""',,-,\ ',' -'-'-""" ---"'-.'j .P q --./ ~ ~no~ . ' bLO-l, 8 ~()rJ) L--' Ie" " ,:_-::-1:] _ .tlJr _ i ft4~Y ., cc,... 2:, A t1.. /...-/ "'-I {Drir+~Jj M8n1~\ AS TO SELLER: DATED: //.. ,.;'/ . c'I ~mrSES: 7ixi j~/!1z ?/~.~. (Si~nature) U)VI ~jQfY11 /17) If (Printed Name) 9)uU<~~)'i~C (Signature) \ - . Approved as to form and legal sufficiency: 10 E (~ By:4~,,<, 7 /". ~.~ <.. AN H. BICKEL, TRUSTEE OF THE JOAN H. BICKEL LIVING TRUST DATED MARCH 29, 2000 IDE RESOLUTION NO. 2007-307 A RESOLUTION OF THE BOARD . OF' COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $20,550,000 . FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE COSTS AND EXPENSES RELATING TO THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF THE COURTHOUSE ANNEX, INCLUDING THE REIMBURSEMENT OF CERTAIN COSTS INCURRED BY THE COUNTY IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinatler defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. IDE ..~ "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex-otTIcio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Manager" means the County Manager of the County or his designee and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement in accordance with Article III thereof. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A-41" means the Loan designated as "Loan No. A-41" the proceeds of which shall be used to finance a portion of the costs of Project A-41. "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit I to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. 2 IDE ,"." "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only atler provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A-41" means the costs and expenses relating to the acqUiSItion, construction and equipping of the Courthouse Annex, as more particularly set forth in the plans and specifications on file or to be on file with the County and as the same may be amended or modified from time to timc. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revcnues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution IS adopted pursuant to the provisions of the Act. SECTION 3. declared that: FINDINGS. It IS hereby ascertained, determined and (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the 3 IDE .I..~~ County, desiring to finance and refinance the cost of acqumng, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements, including Project A- 41. (D) The County desires to borrow an amount not to exceed $20,550,000 m order to finance a portion of Project A-41. (E) The County hereby determines that the prOVISIOn of funds by the Commission to the County in the form of Loan No. A-41 pursuant to the terms of the Loan Agreement and the financing of Project A-41 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most etTIcient and economical development of such services, facilities and programs. (F) Loan No. A-41 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (G) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-41, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver thc Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A-41 in the aggregate amount of not exceeding $20,550,000 for the purpose of providing the County with sutTIcient funds to finance, refinance or reimburse the costs of Project A-41. The Chairman and the Clerk are hereby authorized to execute, seal and 4 10 E · deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-41 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The County Manager shall determine the date or dates of funding of Loan No. A-41 in accordance with the tcrms of the Loan Agreement. The Loan shall mature on such date as the County Manager may determine prior to the issuance of the Loan Note for Loan No. A-41; provided, however, the final maturity of the Loan may not be later than the expiration date of the Letter of Credit (as defined in the Loan Agreement) at the time of the Draw. Loan No. A-41 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A-41 shall be 30 basis points or such other amount as Wachovia Bank and the County Manager shall agree. SECTION 5. AUTHORIZATION OF PROJECT A-41. The County does hereby authorize the acquisition of Projcct A-41 and the reimbursement of any costs incurred by the County with respect to Project A-41 within the prior 60 days that are approved by bond counsel to the Program. SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A-41 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A-41 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the making of the Loan by the Commission, this Resolution shall be deemed to be and shall constitute a contract between (i) the County and (ii) the Commission and its successors and assigns (the Commission and its successors and assigns hereinafter referred to as the "Lender"). The pledge and agreements of the County herein set forth shall be for the benefit, protection and security of the Lender. SECTION 8. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and otlicer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. 5 ,lOE ~ , ,~ SECTION 9. SEVERABILITY. If anyone or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 24th day of October, 2007. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) By~N -jlM: COLETTA, Chairman ATTEST: Dwight E. Brock, Clerk """"'111"""11 ~":,c,'~,,.j~~~'3" Dl ...' 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C (") ~ -- 0 ::J lor N o o (X) () --. CD tl) ~ <. CD QO "U --. o 0.. C (") ~ o. ::J it ~ ~ tu e-: en ro 10 \ MEMORANDUM Date: October 17, 2007 To: Lyn Wood, Purchasing Agent Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #06-4092 "SAP Upgrade Project" Contractor: Labyrinth Solutions, Inc. Enclosed please find three (3) copies of the original documents as referenced above, (Agenda Item #101) as approved by the Board of County Commissioners on Tuesday, October 9, 2007. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures (3) lOG MEMORANDUM Date: November 27, 2007 To: Scott Johnson, Purchasing Agent Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #07-4182 Collier County Chiller Plant Contractor: Kraft Construction Company, Inc. Enclosed please find three (3) copies of the original documents as referenced above, (Agenda Item #10G) as approved by the Board of County Commissioners on Tuesday, October~007. The Finance Departhment and Minutes & Records Department have retained a copy. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures (3) FILE NO.: 01- fJ,fe _ C079~ 10 if"> 'tl'" ~, .." 'I...... <"".. ,r IJr .. . . <;.,11. IC- 'J10RNt." I.DUN1'\' ~ DATE RECEIVED: 1'1'\ 4: oe 'ltnl tiO ~ 2 \ ITEM NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: November 21, 2007 To: Robert Zachary Assistant County Attorney From: Scott D. Johnson Purchasing Agent M- Re: Contract #07-4182 "Collier County Chiller Plant" Contractor: Kraft Construction Company, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on October 10, 2007 Agenda Item: 10.G This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. /I/;;'&/07-~ ~~ f~ ~ 19 c c.. (UVL- /) c. -07 I f- ,t- 10 G Memorandum FROM: Wayne Fiyalko, Senior Analyst Risk Management Department 1/ Scott D. Johnson, Purchasing Agent Purchasing Department \ \ \d~-6l \? ~vJ5) DATE: November 21, 2007 TO: RE: Review ofInsurance for: #07-4182 "Collier County Chiller Plant" Contractor: Kraft Construction Company, Inc. This Contract was approved by the BCC on October 9,2007 Agenda IO.G Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 239/252-8995. cc: Hank Jones, Facilities 10 [ - e-r County -- - ...oil Collier County Chiller Plant Renovations COLLIER COUNTY BID NO. 07-4182 COLLIER COUNTY, FLORIDA Design Professional: Spillis Candela DMJM Architects, Engineers COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 Construction Document - Manual Revised 7/07 lOt TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Spillis Candela and identified as follows: Collier County Chiller Plant Renovations as shown on Plan Sheets dated July 9, 2007. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records Construction Document - Manual, Revised 7~2007 10 G PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Collier County Chiller Plant Renovations COUNTY BID NO. 07-4182 Separate sealed bids for the construction of Collier County Chiller Plant Renovations, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 29th day of August, 2007, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 15th day of August, 2007, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Chiller Plant Renovations Bid No. 07-4182 and Bid Date of August 29, 2007". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the Collier County Purchasing E-Procurement site: www.collierqov.netlbid. Bidding Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. Construction Document - Manual, Revised 7-2007 GC-PN-1 lOG All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surely or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within two hundred forty (240) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 30th day of July, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director Construction Document - Manual, Revised 7.2007 GC-PN-2 10 G PART B -INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-12 as included in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Construction Document - Manual, Revised 7-2007 GC-IB-1 10 G Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Reauirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Riaht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Construction Document - Manual, Revised 7-2007 GC-IB-2 10 G Section 5. Si~l"ina of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the Construction Document - Manual, Revised 7-2007 GC-IB-3 10 G opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2,3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Construction Document - Manual, Revised 7-2007 GC-IB-4 lOG Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. Construction Document - Manual, Revised 7-2007 GC-IB-5 10 (' u Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified" 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major Construction Document - Manual, Revised 7-2007 GC-IB-6 lOG '11 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TVVO for a period of 36 months from the date of being placed on the convicted vendor list." Section 18. Immigration Reform and Control Act Bidder acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C, 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Construction Document - Manual, Revised 7-2007 GC-IB-7 ~ COLLIER COONTY GOVERNMENT ~CHASING DF,PARTMF.NT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 252-8407 FAX (239) 252-6588 http~/colliergov.net ADDENDUM DATE: August 28,2007 TO: Interested Bidders FROM: Scott D, Johnson, Purchasing Agent SUBJECT: Addendum # 2 - Bid #07-4182 "Collier County Chiller Plant Renovations' Addendum #2 covers the following change for the above-referenced Bid: Change: Bid opening date is now September 4, 2007 @ 2:30 p.m, Add: The following sections to the specifications, Section 17050 & 17200 If you require additional information please call Hank Jones, Facilities Management Department at 239/774.8380 or me at 239/774-8995 or bye-mail at ScottJ oh n so n@colliergov,net. NOTE: Wordspave been deleted, words underlined have been added. cc: Hank Jones 'W~ - Deleted: struck through lOG ADDENDUM NO.2 To BID SPECIFICATION (PROJECT MANUAL) FOR COLLIER COUNTY CHILLER PLANT RENOVATIONS Bid SetIPennit Set, Dated July 9, 2007 THE FOLLOWING TWO (2) SECTIONS WERE INADVERTENTLY OMITTED FROM THE ORIGINAL SPECIFICATIONS. PLEASE INCORPORATE THESE SECTIONS IN YOUR BID DOCUMENTS AND INCLUDE IN YOUR PRICING. ]. SECTION 17050 - GENERAL REQUIREMENTS 2. SECTION] 7200 - BUILDING AUTOMATION SYSTEM PLEASE SUBMIT WITH YOUR BID A NOTATION OF THE DOLLAR AMOUNT INCLUDED -IN YOU BID AND ALLOCATED TO THE JOHNSON CONTROLS. 10C SECTION 17050 - GENERAL REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. All work of this Division shall be coordinated and provided by Johnson Controls - Systems and Services Division. Contact Shawn Simpson for pricing and scheduling @ 239-455.2930 B. The work of this Division shall be coordinated with and interfaced with the associated work of other trades. Reference the following Division Documents for details: 1.2 I. Division 01 - General Requirements 2. Division 02 - Site Construction 3. Division 13 - Special Construction 4. Division 15 - Mechanical 5. Division 16 - Electrical C. If the BUILDING TECHNOLOGY SYSTEMS Contractor believes there are conflicts or missing information in the project documents, the Contractor shall promptly request clarification from the design team. DEFINlTlONS A. Acceptable Manufacturer: A manufacturer qualified to provide the item(s) specified. B. Analog: A continuously variable system or value not having discrete levels. Typically exists within a defined range of limiting values. C. Approval: The Contractor is responsible for obtaining approval, prior to commencing any Work which would establish a financial obligation for the Owner, as well as for any Work or aspect of the Work for which such prior approval has been specified. D. Architect: The architect is "Spill is Candela DMJM". E. Facility Backbone: Facility Backbone is a network connecting different networks to one another. F. Binary: A two-state system where an "ON" condition is represented by one discrete signal level and an "OFF" condition is represented by a second discrete signal level each separated by a defined deadband. Typically used for on/off, open/close type monitoring and control. G. Conflicts: This term refers to any real or potential discrepancy between portions of the Specification, which includes the entire project Specification, as well as all other Contract Documents. 17050-1 GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 10 G H. Control Sequence: An FMS pre-programmed arrangement of software algorithms, logical computation, target values and limits as required to attain the defined operational control objectives. I. Demonstration: This process ofvcrifYing, by operation, movement or adjustment, of an item or system by comparing the item or system performance against a standard or standards as set forth in the specific requirements of the cited paragraph. J. Direct Digital Control: The digital algorithms and pre-defined arrangements included in the FMS software to provide direct closed-loop control for the designated equipment and controlled variables. Inclusive of Proportional, Derivative and Integral control algorithms together with target values, limits, logical functions, arithmetic functions, constant values, timing considerations and the like. K. Electrical Contractor: The company engaged by the Owner or it's designated representative to provide materials and serviccs for Division 16 electrical work, as defined and described in the Contract between the Electrical Contractor and the Owner. L. Facility Management System (FMS): The total integrated system of fully operational and functional elements, including equipment, software, programming, and associated materials, to be provided by this Division and to be interfaced to the associated work of other related trades. M. Technology Contractor: The single Contractor to provide the work of this Division. This Contractor shall be the primary manufacturer, installer, commissioner and ongoing service provider for the work. N. Integration: The complete functional and operational interconnection and interfacing of all work elements and nodes in compliance with all applicable codes, standards and ordinances so as to provide a single coherent system as required by this Division. O. Network: The total digital on-line real.time interconnected configuration of system digital processing units, workstations, panels, sub-panels, controllers, devices and associated elements individually known as network nodes. May exist as one or more fully interfaced and integrated sub-networks, LAN, WAN or the like. P. Furnish: The tenn "Furnish" and its derivatives when used in this Division shall mean supply at the BUILDING TECHNOLOGY SYSTEM Contractor's cost to the designated third party trade contractor for installation. BUILDING TECHNOLOGY SYSTEM Contractor shall connect furnished items to the FMS, calibrate, test, commission, warrant and document. Q. Install: The tenn "Install" and its derivatives when used in this Division shall mean receive at the jobsite and mount. R. Node: A digitally programmable entity existing on the BUILDING TECHNOLOGY SYSTEM network. S. Or Equivalent: "Or equivalent," or words of similar intent, refers to systems or equipment which are the products of a manufacturer, fabricator, or vendor whieh are comparable or equal in quality and performance to the systems or equipment cited in the Specification. GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-2 10 G T. pc: IBM PC compatible Personal Computer U. Product: This term means material, system, device or equipment. V. Provide: The term "Provide" and its derivatives when used in this Division shall mean to furnish, install in place, connect, calibrate, test, commission, warrant, document and supply the associated required services ready for operation. W. Software: The term "software" and its derivatives when used in these Division documents shall mean all of programmed digital processor software, preprogrammed firmware and project specific digital process programming and database entries and definitions as generally understood in the FMS industry for real-time, on-line, integrated FMS configurations. X. Test: The systematic exercising of an item or system under specified conditions to determine how the item or system compares to the performance specified for that item or system or to a specified standard. Y. Wiring: The tenn "Wiring" and its derivatives when used in this Division shall mcan provide the wiring and terminations. Z. Work: The material, equipment services, and labor required to construct and complete the Project, as described in the Specifications and Drawings and as required by the Contract Documents. AA. The use of words in the singular in these Division documents shall not be considered as limiting when other indications in these documents denote that more than one such item is being referenced. BB. Headings, paragraph numbers, titles, shading, bolding, underscores, clouds and other symbolic interpretation aids included in the Division documents are for general infonnation only and are to assist in the reading and interpretation of these Documents. They do not form a formal part of the Documents and may not be consistent or complete in their use throughout the Documents. CC. The following abbreviations and acronyms may be used m describing the work of this Division: ADC AFF Al ANSI AO ASC ASCII Analog to Digital Converter Above Finished Floor Analog Input American National Standards Institute Analog Output Application Specific Controller American Standard Code for Information lnterchange American Wire Gauge Border Gateway Protocol Building Industry Consulting Service International Basic Rate Interface, an ISDN interface AWG BGP BlCSI BRI GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-3 10 G EIA ELL ELS EMI EML FAS FCC FOPP Ft GbE Gbps GBIC GUI GWS HOA ID IEEE I/O INMS IP ISDN ISR Card Access and Alarm Monitoring Category 5E Copper Cable Closed Circuit Television Cable Management System Copper Patch Panel Central Processing Unit Change Request Cathode Ray Tube Channel Service Unit Digital to Analog Converter Direct Digital Control Digital Input Digital Output Carrier Service at 64 Kbps Data Service Unit/Channel Service Unit Carrier Service equal to 28 TI s (44.736 Mbps) Digital Video Recorder Electronically Erasable Programmable Read Only Memory Electronic Industries Alliance Electric Lock Electric Strike Electromagnetic Interference Electromagnetic Lock Fire Alarm Detection and Annunciation System Federal Communications Commission Fiber Optic Patch Panel Feet (linear) Gigabit Ethcmet Gigabits per second Gigabit Interface Converter Graphical User Intcrface Guard Watchtour System Hand-Off-Auto I dcntification Institute of Electrical and Electronics Engineers Input / Output Integrated Network Management System Internet Protocol Integrated Services Digital Network OWNER Infonnation Systems Department Server CAAM CAT-5E CCTV CMS CPP CPU CR CRT CSU DAC DDC OJ DO DSO DSU/CSU DS3 DVR EEPROM Room !TU Kbps LAN Ib Ibf LCD LED International Telecommunications Union Kilobits per second Local Area Network Pound Pound-force Liquid Crystal Display Light Emitting Diode GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-4 LF LX/LH m mm ~m wavelenl,>th MB Mbps MCC MDR MHz MMF M/POP mpps N/A NC NCF NEC NIC nm NO NOC OAT OTDR PA PC PHID PIN PRI PSTN PTZ PZ QA QC QoS RAM RAR REX RF RFI RH RJ.XX RMON ROM RTD SC SMF GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 10l Linear feet GBlC interfaces for single mode fiber, long range Meter Millimeter Micrometer or micron, a measure of optical Mega-bytes Megabits per second Motor Control Center Main Distribution Room Megahertz Multimode Fiber Minimum Point of Presence, a carrier's service entry point into a facility Millions of packets per second Not applicable Normally Closed Network Computer Facility National Electric Code (NFPA 70) Not In Contract Nanometer, a measure of optical wavelength Normally Open Network Operations Center Outdoor Air Temperature Optical Time Domain Reflectometer Port Adapter Personal Computer Photo-Identification Personal Identification Number Primary Rate Interface, an ISDN interface Public Switched Telephone Network Pan. Tilt-Zoom Power Zoom Quality Assurance Quality Control Quality of Service Random Access Memory Remedial Action Request Request To Exit Radio Frequency Radio Frequcncy Interference Relative Humidity Type of cable termination and port, e.g., RJ-45 for CAT-5Ecable Remote Monitoring Read Only Memory Resistance Temperature Detector Type of connector used for optical fiber Single Mode Fiber 17050-5 1.3 lOG SNMP SONET SPOT SPST SVGA SX TBA TCP/IP Simple Network Management Protocol Synchronous Optical Network Single Pole Double Throw Single Pole Single Throw Super Video Graphics Adapter GBIC interface for multi-mode fiber, short range To Be Advised Transmission Control Protocol/Internet Protocol Time Domain Reflectometer Telecommunications Industry Association Telecommunications Room Thermistor Temperature Detector Trunk Level I, a digital transmission link with a total signaling speed of 1.544 Mbps Underwriters Laboratories, Inc. Un interruptible Power System Unshielded Twisted Pair, a fonn of copper cable Volts, Alternating Current Variable Air Volume Video Cassette Recorder Volts, Direct Current Video Display Unit Voice Intercom System Virtual Local Area Network Wide Area Network TOR TIA TR TTD TI UL UPS UTP VAC VAV VCR VDC VDU VIS VLAN WAN DESCRIPTION A. The work of the single Technology Contractor shall be as defined individually and collectively in all Sections of this Division specifications together with the associated Drawings and associated interfacing work as referenced in the related documents as listed in Part I of this Section. B. The work shall consist of the provision of all labor, materials, tools, equipment, software, software liccnses, software configurations and database entries, interfaces, wiring, tubing, installation, labeling, engineering, calibration, documentation, testing, commissioning, training services, pennits and licenses, transportation, shipping, handling, administration, supervision, management, insurance, temporary protection, cleaning, cutting and patching, warranties and items, even though these may not be specifically mentioned in these Division documents which are required for the complete, fully functional and commissioned system. C. Provide a complete, neat and workmanlike installation. Use only manufacturer employees who are skilled, experienced, trained, and familiar with the specific equipment, software and configurations to be provided for this project. D. The Technology Contractor shall be Johnson Controls ~ Systems and Services Division 239- 455.2930, no substitutions allowed. Manufacturer's Representatives, Wholesalcrs and 17050-6 GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 10 .," organizations whose sole business is other than the manufacture, installation and support of Facility Management Systems shall not be considered. E. Manage and coordinate the BUILDING TECHNOLOGY SYSTEM work in a timely manner in consideration of the Project schedules. Coordinate cooperatively with the associated work of other trades so as to assist the progress and not impede or delay the work of associated trades. F. The Owner reserves the right to purchase the materials and equipment specified in this document, in whole or in part, and to require modification of pricing to include installation only. This entitlement shall not obligate the Owner to purchase materials or equipment. G. The BUILDING TECHNOLOGY SYSTEM as provided shall incorporate, at minimum, the following intef,'fated features, functions and services: 1. Infonnation, alann management and control functions. 2. Enterprise-level information and control functions. 3. Infonnation management including monitoring, archiving, retrieval, and reporting functions. 4. Diagnostic monitoring and reporting functions. 5. Remote monitoring. 6. Energy management. 7. Central Plant monitoring and supervisory management. 1.4 QUALITY ASSURANCE A. General I. The Technology Contractor shall be a factory owned branch office that is regularly engaged in the engineering, programming, installation and service of total integrated Facility Management Systems of similar size, scope and complexity. 2. The BUILDING TECHNOLOGY SYSTEM Contractor shall have a local branch facility with a 50-mile radius of the job site supplying complete maintenance and support services on a 24 hour, 7-day-a.week basis. 3. If the Contractor desires to sublet any portion or portions of the Work, other than the subcontracts stated in the Submittals, the Contractor must submit the names and qualifications of such subcontractors to the Owner or it's authorized representative for approval prior to letting any such subcontracts. All proposed subcontractors shall be subject to the qualifications stated above, and it is the responsibility of the Contractor to attend to such submittals. No Work shall be assigned or sublet to other parties without the written consent of the Owner or it's authorized representative, but in no case shall such consent he construed as a release from the obligations of the Contractor. 4. The Contractor shall be responsible for familiarizing each of its subcontractors with all aspects of the Contract affecting each subcontractor respectively. The Contractor shall GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-7 10 G be responsible for coordinating the Work of its subcontractors to prevent interference and/or omissions of any kind. 5. As evidence and assurance of the contractor's ability to support the Owner's system with service and parts, the contractor must have been in the BUILDING TECHNOLOGY SYSTEM business for at least the last ten (10) years and have successfully completed total projects of at least 10 times the value of this contract in each of the preceding five ycars. B. Quality Management Program I. Provide a competent and experienced, full time on site, Project Manager employed by the Technology Contractor. The Project Manager shall be supported as necessary by other Contractor employees in order to provide professional management service for the work. The Project Manger shall attend all scheduled Project Meetings and shall be empowered to make technical, scheduling and related decisions on behalf of the Technology Contractor. At minimum, the Project Manager shall: a. Manage the scheduling of the work to ensure that adequate materials, labor and other resources are available as needed. b. Maintain the scheduling of the work and report monthly in writing to the Architect on progress. c. Manage the linancial aspects of the Technoloh'Y Contract. d. Coordinate with the Site Supervisor and with the Architect and other trades as necessary to maintain progress ofthe Contract. 3. Provide a construction site office staffed as previously stated. The site office shall allow the site staff to provide immediate communication with the project team. Coordinate the location of the site office with the Owner or it's designated representative. 4. Maintain a legible copy on-site of, at minimum, the following documentation: a. The Technology Contract Documents including all approvcd Change Orders. b. All Technology related written Requests For Infonnation and responses. c. All approved Shop Drawings and other submittals. d. A copy of the Technology Contract Schedule. e. Primary Technology related correspondence and minutes f. A record of daily on-site manpower deployment g. Other records as pertinent and required by the Contract Documents. 1.5 REFERENCES A. All work shall confonn to the following Codes and Standards, as applicable: 1. National Fire Protection Association (NFPA) Standards. 2. National Electric Code (NEC) and applicable local Electric Code. 3. Undcrwriters Laboratorics (UL) listing and labels. 4. UL 916 Energy Management. 5. National Electric Manufacturer's Association (NEMA). 6. American Society of Hcating, Refrigerating and Air Conditioning Engineers (ASH RAE). B. All work shall meet the approval of the Authorities lIaving Jurisdiction at the project site. GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-8 10 G BUILDING TECHNOLOGY SYSTEM COORDINATION MATRIX C. The demarcation of work and responsibilities between the BUILDING TECHNOLOGY SYSTEM Contractor and other related trades shall be as outlined in the BUILDING TECHNOLOGY SYSTEM RESPONSIBILITY MATRIX herein BUILDING TECHNOLOGY SYSTEM RESPONSIBILITY MATRIX WORK FURNISH INSTALL WIRE PATHWAYS PROVIDE POWER 1 BUILDING TECHNOLOGY SYSTEM 17 17 17 17 17 network computer equipment, PC's, Fileservers, Workstations, Printers, Network , equipment. L 2 FMS software, firmware and site specific programming 17 17 N/A N/A N/A and database entries. 3 Network Nodes 17 17 17 N/A I 17 4 FMS low voltage and 17 17 17 17 I N/A communication wirine:. I I ! .-- 5 Line voltage wiring from 17 17 17 17 17 designated electrical panels I (by Div. 16) to FMS ! i equipment and nodes. 6 FMS power supplies, signal 17 17 17 N/A ] 17 conditioning, surge protection and local Uninterruptible Power Supplv Units. 7 BAS device piping such as 15 15 N/A N/A N/A differential pressure i switches, pressure switches and pressure sensors. 8 Variable Frequencv Drives 17 16 16 16 16 9 Ladder Racks, Wire Racks, 17 17 N/A I N/A N/A Racks and wire management within Communication i closets. 10 Manual valves and dampers. 15 , 15 N/A I N1A N/A ~-,. ! 11 Automatic control valves 17 ! 15 17 , N/A 17 1-- I-~... -----. j -.- j 12 Automatic control dampers 17 I 15 17 17 17 I" and actuators. ! m____ - ---..-..----. -- ----- Combination fire/smoke 17 ! 15 16 line 16 17 dampers with actuators, open voltage; I end switch and closed end 1710w ----- . _.~._---- ... --- GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-9 10 G -. - _'.m. switch - ---- voltage 14 V A V controllers, differential 17 IS N/A N/A 17 pressure sensors, and actuators. 15 V A V controller Power 15 15 16 17 17 supplies / Transformers. 18 V A V Thennostats 17 17 17 17 N/A 19 - . FMS pipe insertion devices 17 IS N/A N/A N/A such as thennowells, flow measuring devices, and pipe taos for pressure monitoring. 20 BAS interface node to 17 17 17 17 17 chillers. 21 Chiller interface to BAS. IS IS 17 17 17 -. 22 Variable Frequency Drive 17 17 17 N/A N/A interface with BAS , , 23 Testing and Labeling of I 17 17 N/A I N/A N/A cabling. I ! 24 Fire Stopping I 16 16 N/A N/A N/A 1.6 SUBMITTALS A. Shop Drawings, Product Data, and Samples 1. Prepare coordination drawings in accordance with Division 1, detailing major elements, components, and systems of network equipment and materials in relationship with other systems, installations, and building componcnts. 2. The BUILDING TECHNOLOGY SYSTEM Contractor shall submit a list of all shop drawings with submittal dates within 30 days of contract award. Within forty-five (45) days of receiving a Notice to Proceed, the Contractor shall furnish the following in a single consolidated format: a. The name of the person who will act as the Contractor's official contact with the Architect and Owner. b. Peml its. The Contractor shall obtain all required permits and provide copies to the Architect and/or Owner. c. Product Data: Complete manufacturer's product literature for all products to be used within the system(s}, as well as any samplcs requested by the Architect and/or the Owner. 3. Submit detailed installation drawings within 90 days of contract award. 4. Submittals shall be in defined packages. Each package shall be complete and shall only referencc itself and previously submitted packages. The packages shall be as approved by the Architect and Engineer for scope. 5. Allow 15 working days for the review of each package by the Architect and Engineer in the scheduling of the total BUILDING TECHNOLOGY work. GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-10 lOG 6. Each submittal shall have a cover sheet with the following infonnation provided: submittallD number; date; project name, address, and title; BUILDING TECHNOLOGY Contractor name, address and phone number; BUILDING TECHNOLOGY Contractor project manager, and project engineer names and phone numbers. 7. At a minimum, provide the following submittals: a. Network architecture diagrams including all nodes and interconnections. b. Schematics, sequences and flow diagrams. c. Points list for each point in the FMS specification, including: Tag, Point Type, System Name, Object Name, Expanded ID, Display Units, Controller Type, Address, Cable Destination, Module Type, TenninallD, Panel, Slot Number, Reference Drawing, and Cable Number. d. Shop drawings shall be to sufficient detail to allow the work to be built. e. Graphic User Interface Screens: Include a sample of each GUI screen type and associated menu penetrations to show hierarchy and functional interrelationsh ips. f. Detailed Bill of Material list for each node, identifying: quantity, part number, description, and optional features. g. Control Valve Schedules. This spreadsheet type schedule shall include a separate line for each valve and a column for each of the valve attributes, including: Code Number, Configuration, Fail Position, Pipe Size, Valve Size, Body Configuration, Close off Pressure, Capacity, Valve CV, Calculated CV, Design Pressure, Actual Pressure, and Actuator Type. h. Catalog product data sheets and manuals of all products used. 1. Train ing course outlines for each session. 8. Technology Contractor shall not order material or begin fabrication or field installation until associated submittals are approved. Technology Contractor shall be solely responsible for the removal and replacement of any item not approved by submittal at contractors' cost. 9. The Technology Contractor shall correct any errors or omissions noted in the first review. The Technology Contractor shall revise the submittal and resubmit for review. Any required third or subsequent review shall be at the cost of the Technology Contractor. The Owner's reasonable costs for any third or subsequent additional reviews, including the Consultants fees and direct expenses, may be deducted by the Owner directly from the monies due to the Technology Contractor under this Contract by way of a contract change. 10. Provide all drawings with Computer Aided Drafting (CAD). 1.7 RECORD DOCUMENT A nON A. All Drawings, Specifications and copies thereof furnished by Architect are and shall remain the property of the Owner. Thcy are to be used only with respect to this Project and are not to be used on any other project. With the exception of one contract set for each party to the Contract, such documents are to be returned or suitably accounted for to the Architect at the completion of the Work. The Contractor admits that the documents contain vital and sensitive information about the Owner's Project and communications network, and warrants to take due and reasonable care to safeguard GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-11 lOG this information during the course of the Project, including all documents lawfully retained after the completion of the Project. B. No systems, equipment or materials shall be ordered or purchased and no Work shall be perfonned without Drawings and Specifications clearly marked to indicate that appropriate reviews have been conducted by the Architect and/or their duly appointed representatives. Such acceptance shall not relieve the Contractor of his obligations herein. Such reviews by the Architect, and/or their representatives, shall only be for general compliance with the Contract Documents and shall not be deemed an approval or acceptance of correctness and accuracy of dimensions, details, and related infonnation. Such reviews shall not relieve the Contractor of his obligations under this Contract. C. Operation and Maintenance Manuals 1. Three (3) copies of the Operation and Maintenance Manuals shall be provided to the Owner's Representative upon completion of the project. The entire Operation and Maintenance Manual shall be furnished on Compact Disc media, and include the following for the FMS provided: a. Table of contents. b. As-built system record drawings. Computer Aided Drawings (CAD) record drawings shall represent the as-built condition of the system and incorporate all information supplied with the approved submittal. Provide documentation per AlA standards including Tagging and Layers of drawings. c. Manufacturers product data sheets for all products. d. System Operator's manuals. e. Archive copy of all site specific databases 2. The Operation and Maintenance Manual CD shall be self-contained, and include all necessary software required to access the project record drawings and product data sheets. A logically organized table of contents shall provide dynamic links to view and print all project record drawings and product data sheets. Viewer software shall provide the ability to display, zoom, and search all documents. The CD-ROM shall contain adequate space for future system updates. D. On. line Documentation I. After completion of all the tests and adjustments listed above, the contractor shall install the following information on the FMS: a. "AS-BUlL T" drawing files b. Dctailed catalog data on all installed system components with address and phone number of factory repair service. 1.8 WARRANTY /W ARRANTY -MAINTENANCE A. Standard Material and Labor Warranty: I. Provide a one-year labor and material warranty on the system. GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-12 10, 2. If within twelve (12) months from the date of acceptance of product, upon written notice from the owner, it is found to be defective in operation, workmanship or materials, it will be replaced, repaired or adjusted at the option of the BUILDING TECHNOLOGY Contractor at the cost of the contractor. PART 2 - PRODUCT (Not Applicable) PART 3 - EXECUTION 3.1 INSTALLATION PRACTICES A. BUILDING TECHNOLOGY Wiring/Optical Fiber I. All conduit, wiring, optical fiber, accessories and connections required for the complete operational installation of the Facility Management System, as herein specified, shall be provided by the BUILDING TECHNOLOGY Contractor unless specifically detailed on the Drawings to be furnished or provided by another Division. BUILDING TECHNOLOGY details are depicted on the drawings. 2. All wiring shall comply with all local and national electric codes. 3. All BUILDING TECHNOLOGY wiring and optical fiber materials and installation methods shall comply with BUILDING TECHNOLOGY manufacturer recommendations. ,-' 4, The sizing type and provision of cable, conduit, and communications trunking shall be the design responsibility of the BUILDING TECHNOLOGY Contractor. If complications arise, however, due to the incorrect selection of cable, communications trunking and/or conduit by the BUILDING TECHNOLOGY Contractor, the Contractor shall be responsible for all costs incurred in replacing the selccted components. 5. Class 2 Wiring a. All Class 2 (24V AC or less) wiring shall be installed in conduit. b. Class 2 signal wiring and 24V AC power can be run in the same conduit or pathway. Wiring 120V AC and greater shall not share the same conduit vv'ith Class 2 signal wiring. 6. Perfonn circuit tests using qualified personnel only. Provide necessary instruments and equipment to demonstrate that: a. All circuits are continuous and free from short circuits and faults. b. All circuits are free from unspecified grounds; that resistance to ground of all circuits is no greater than 50 megaohms. c. All circuits are free from induced voltages. 7. Provide complete testing for all cables used under this Contract. Provide all equipment, tools, and personnel as necessary to conduct these tests. 8, Provide for complete grounding of all signal and communications cables, panels and equipment so as to ensure system integrity of operation. All cables and conduits shall be grounded at the panel. Grounding loops will not be acceptable. GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-13 llOG ~ B. FMS Line Voltage Power Source 1. I 20-volt AC circuits used for the Facility Management System shall be taken from panelboards and circuit breakers furnished by Division 16. 2. Circuits used for the FMS shall be dedicated to the FMS and shall not be used for any other purposes. 3. DDC terminal unit controllers may share 120-volt AC power from electric heater circuits if acceptable by the FMS manufacturer. C. BUILDING TECHNOLOGY Raceway 1. All wiring shall be installed in conduit or raceway except as noted elsewhere in this specification. The minimum control wiring conduit size shall be 3/4". 2. Where it is not possible to conceal raceways in finished locations, surface raceway (Wiremold) may be used as approved by the Architect. 3. All conduits and raceways shall be installed level, plumb, at right angles to the building lines and shall follow the contours of the surface to which they are attached. 4. Flexible Metal Conduit shall be used for vibration isolation and shall be limited to 3 feet in length when tenninating to vibrating equipment. Liquid Tight Flexible Metal conduit shall be used in wet and damp locations. Flexible Metal Conduit may be used within partition walls. All flexible Metal Conduit shall be UL listed. D. Pcnetrations 1. Fire-stopping for all penetrations shall be provided as specified in Section 07841-- THROUGH-PENETRATION FIRESTOP SYSTEMS. 2. All openings in fire proofed or fire stopped components shall be closed by using approved UL fire resistive sealant. 3. All wiring, cabling and/or optical fiber passing through penetrations, including walls, shall be in conduit or enclosed raceway. 4. Penetrations of floor slabs shall be by core drilling. All penetrations shall be plumb, true, and square. 5. No penetrations in structural elements shall be made before receipt of written approval from the architect. E. BUILDING TECHNOLOGY Identification Standards I. Node Identitication: All nodes shall be identified by a permanent label fastened to the outside of the enclosure. Labels shall be suitable for the node location. 2. Cable shall be labeled at a minimum of every] 8" with the BUILDING TECHNOLOGY System manufacturer's name and the type of signal carried GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-14 lOG within the cable, i.e. Analog Input, Analog Output, Binary Input, Binary Output, 24 V AC. 3. Each of the cable types specified in Item A shall be of a different color coding for easy identification and troubleshooting. Recommended color coding: a. Analog Input Cable Yellow b. Analog Output Cable Tan c. Binary Input Cable Orange d. Binary Output Cable Violet e. 24 V AC Cable Gray f. General Purpose Cable Natural g. Tier 1 Comm Cable Purple h. Other Tier Comm Cable Blue 4. Raceway Identification. All the covers to junction and pull boxes ofthe BUILDING TECHNOLOGY raceways shall be painted with the appropriate color by the company installing said pathway. 5. Wire Identification. All low and line voltage BUILDING TECHNOLOGY wiring shall be identified by a number, as referenced to the associated shop drawing and as-built drawing, at each end of the conductor or cable. Identification number shall be pennanently secured to the conductor or cable and shall be a printed type label. F. BUILDING TECHNOLOGY Node Installation 1. The BUILDING TECHNOLOGY nodes shall be located as indicated at an elevation of not less than 2 feet from the bottom edge of the panel to the finished floor. Each node shall be anchored per the manufacturer's recommendations. 2. The BUILDING TECHNOLOGY contractor shall be responsible for coordinating node locations with other trades. 3. Provide proper access to all nodes as recommended by the manufacturer. G. Input I Output Devices I. All Input and Output devices shall be installed per the manufacturer recommendation 2. Locate components of the BUILDING TECHNOLOGY in accessible local control panels and equipment rooms wherever possible. 3.2 TRAINING A. The BUILDING TECHNOLOGY contractor shall provide the following training services: 1. Ten days of on-site training by a field engineer who is fully knowledgeable of the specific installation details of the project. This orientation shall, at a minimum, consist of a review of the project as-built drawings, the FMS GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHNProject Number 17050-15 lOG software layout and naming conventions, and a walk through of the facility to identify panel and device locations. Provision for User orientation. 2. Factory training (Building Automation) for two owner representatives in the manufacturers factory training lab. This training shall be perfonned by a factory-certified professional trainer and, at a minimum, shall consist of: a. Two days training covering basic system operation. b. One day training covering system reporting and alarm management. c. One day training of scheduling and point trending 3. The owner representatives shall be issued Continuing Education Credits (C.E.U.s) for the factory training. 3.3 COMMISSIONING A. Provide an allowance of 80 hours of programming time within this project scope of work. This allowance is for work above and beyond any specified work included herein. These hours shall be included, but shall not be consumed unless directed by the owner or architect/engineer. The time is to be used to optimize the plant operation during the start-up phase as directed by the engineer. Any unused time shall be credited to the owner upon conclusion of the work. B. Fully commission all aspects of the Facility Management System work. C. Acceptance Check Sheet 1. Prepare a check sheet that includes all points for all functions ofthe FMS 2. Submit the check sheet to the Architect for approval one month prior to testing. 3. Complete the check sheet for all items and functions of the FMS and initial each entry with time/date as record of having fully calibrated and tested the FMS. Submit to Architect. 4. The Architect will use the check sheet as the basis for acceptance testing with the BUILDING TECHNOLOGY Contractor. 3.4 BUILDING TECHNOLOGY SPECIFIC REQUIREMENTS A. BUILDING TECHNOLOGY Reports I. Define custom rep0l1s required for this project. The contractor shall include an allowance of 80 hours for the preparation of custom reports/graphics. 2. The contractor shall request pennission from the architect to draw against the 80 hour allowance, prior to its use. B. Graphic Displays 1. Provide a color graphic system flow diagram display for each system with all points as indicated on the point list. GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-16 10 G 2. Provide two color graphic displays that will dynamically indicate the plant operation. C. OWS Schedule ID TYPE LOCATION FUNCTION NOTES OWSI Desktop Chiller Plant Building Plant Provide 40" PC Operation LCD monitor and desktop 20" LCD monitor with dynamic color graphic display of the ooeration D. Printer Schedule ID TYPE LOCA TION FUNCTION NOTES Printer I Laserjet Chiller Plant Building Plant Report print Printer Operation functionality -- ccc-.-.--....---- f----.-.. reauired -- Printer 2 24.pin Existing Building Alarm printer tractor feed Mana"ement Office. END OF SECTION GENERAL REQUIREMENTS Collier County Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17050-17 ~7. ...r:; (-, .i..1t ;' .....,'~ SECTION 17200 - BUILDING AUTOMATION SYSTEM PART I - GENERAL l.l RELATED DOCUMENTS A. All work of this Division shall be coordinated and provided by the single Technology System Contractor, refer to 17050. B. The work ofthis Section shall be coordinated with and interfaced with the associated work of other trades. Reference the following Division Documents for details: I. Division 0 I - General Requirements 2. Division 08 - Architectural Doors and Windows 3. Division 15 - Mechanical 4. Division 16 - Electrical PART 2 - PRODUCTS 2.1 SYSTEM ARCHITECTURE A. Provide extension of Johnson Controls Metasys system. Products shall be off the shelf current models provided and serviced by Johnson Controls - Systems and Services Division. B, Provide a network of systems and equipment which are digitally and physically independent, yet software integrated via network interface devices. C. Each independent system shall share a common high speed backbone network. C. Each application shall reside on the communication network to allow interoperability, flexibility and capability for expansion. 1. The BAS shall consist of a number of Nodes and associated equipment connected by industry standard network practices. All communication between Nodes shall be by digital means only. 2. The BAS network shall at minimum comprise of the following: a. Operator Workstation. b. Network processing, data storage and communication equipment including tile servers. c. Routers, bridges, switches, hubs, modems and like communications equipment. d. Active processing Nodes including ticld panels. e. Intelligent and addressable devices and end devices. f. Third-party equipment interfaces. g. Associated components required for a complete and working BAS. BUILDING AUTOMATION SYSTEM Collier Count Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17200-1 /~\\ fiC) ,I/:J '1 ~...J '-i. 3. The PC Workstations, File servers and principal network equipment shall be standard products of recognized major manufacturers available through nonnal PC vendor channels. "Clones" are not acceptable. 4. Provide licenses for all software residing in the BAS system and transfer these licenses to the Owner prior to completion. D. Network 1. The BAS shall incorporate a primary Tier 1 network. At the Contractor's option, the BAS may also incorporate an integrated secondary Tier 2 network. 2. The BAS Network shall utilize an open architecture of the following: a. Utilizing standard TCP/IP b. Tier 1 - Connecting via BACnel. c. Tier 2 - Connecting via N2 or BACnet MSTP 3. The BAS network shall support both copper and optical fiber communication media. E. Third-Party Interfaces 1. BAS Contractor shall integrate real-time data from systems supplied by other trades as required in 17050, Divisions 15 and Division 16. 2. The BAS system shall include necessary BAS hardware equipment and software to allow data communications between the BAS system and other low voltage systems as specified. The Technology Contractor shall map the connected points into the Integrated BAS. 3. The trade contractor supplying other systems will provide their necessary hardware and software and will cooperate fully with the BAS contractor in a timely manner at their cost to ensure complete data integration. F. Un interruptible Power Supply (UPS) I. UPS shall be sized for 50% spare capacity. The UPS shall be complete with batteries, external bypass and line conditioning. G. Power Fail/ Auto Restart 1. Provide for the automatic orderly and predefined shutdown of parts or all of the BAS following total loss of power to parts or all of the BAS. 2. Provide for the automatic orderly and predefined startup of parts or all of the BAS following total loss of power to those parts or all of the BAS. Archive and annunciate time and details of restoration. 3. Provide for the orderly and predefined scheduling of controlled return to normal, automatically time scheduled, operation of controlled equipment as a result of the auto restart processes. 4. Maintain the BAS real-time clock operation during periods of power outage for a minimum of 72 hours. BUILDING AUTOMATION SYSTEM Collier Count Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17200-2 ~ t" ,~-, 2.2 I/O DEVICES A. Operator Workstation. 1. The Operator Workstation (OWS) shall provide the primary means of communication with the BAS and shall be used for operations, engineering, management, audit, reporting and other related functions. 2. The OWS shall consist of fixed and portable units as scheduled in Part 3 ofthis Specification. The fixed units shall consist of installed PC-based configurations. The portable units shall consist of digital hand.held, PC Laptop or similar designed unit, complete with keypad or similar entry/selection device and complete with display and communication arrangements. 3. Each fixed OWS shall, at minimum, consist of: a. PC processor with minimum 64-bit word structure. b. Hard drive or equal high-speed data storage. c. Removable high-speed data storage and export device(s) such as Read/Write CD ROM or equal. d. Full ASCII keyboard and digital Mouse or equal pointing device. e. Full color, flat screen VDU display units, (I) minimum 20 inches and (I) 40 inches diagonal screen, minimum 1280 x 1024 resolution, 0.26 or better dot pitch and minimum 72 Hz refresh rate. Provide proper video display driver cards. f. Printers as scheduled in Pmt 3 of this Specification. Printers shall be monochromatic or full color as scheduled and designed for the functional requirements and duty of the application. 4. All fixed OWS shall operate independently and concurrently without interference and under individual user password protection. 5. OWS functionality shall be individually definable by software means such that OWS may be designated for specific limited users and may also be readily re- designated to provide OWS back-up to other OWSs in the BAS. 6. Portable OWS shall operate under user password protection and using subsets of the fixed OWS programming arrangements with common point and device designations and designed to meet the application. 2.3 OPERATOR INTERF ACE SOFTWARE A. General 1. The BAS Operator Interface shall be user friendly, readily understood and shall make maximum use of colors, graphics, icons, embedded images, animation, text based infonnation and data visualization techniques to enhance and simplify the use and understanding of the BAS by authorized users at the OWS. 2. Operating System software shall be Microsof{" Windows XP or most current Microsoft server software at the time of installation. Provide standard Microsoft applications on each PC (Word, Excel, Access and VISIO). B. BAS Application BUILDING AUTOMATION SYSTEM Collier Count Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17200-3 lOG ]. User access to the BAS shall be protected by a llexible and Owner redefinable software-based password access protection. Password protection shall be multi- level and partitionable to accommodate the varied access requirements of the different user groups. Provide the means to define unique access privileges for each individual authorized user. Provide the means to on-line manage password access control under the control of a Master Password. 2. The Operator Interface shall incorporate comprehensive support for functions including, but not necessarily limited to, the following: a. User access for selective information retrieval and control command execution b. Monitoring and reporting c. Alarm and non-normal condition annunciation d. Selective operator override and other control actions e. Information archiving, manipulation, formatting, display and reporting f. BAS internal performance supervision and diagnostics g. On-line access to user HELP menus h. On-line access to current BAS as-built records and documentation 1. Means for the controlled re-programming, re.configuration of BAS operation and for the manipulation of BAS database information in compliance with the prevailing codes, approvals and regulations for individual BAS applications. 3. Provide BAS reports and displays making maximizcd use of simple English language descriptions and readily understood acronyms, abbreviations and the like to assist user understanding and interpretation. All text naming conventions shall be consistent in their use and application throughout the BAS. 4. Each fixed and portable OWS shall be on-line configurable for specific applications, functions and groups of BAS points. C. Alanns I. Designated OWS shall annunciate alarnls generated by the BAS. The alarm managemcnt portion of the OWS software shall, at the minimum, provide the following functions a. Log date and time of alarm occurrence. b. Generate a "Pop' Up" window, with audible alann, infonning a user that an alarm has been received. c. Allowa user, with the appropriate security level, to acknowledge, or disable an alarm. d. Provide an audit trail on hard drive for alarms by recording user acknowledgment, deletion, or disabling of an alarm. The audit trail shall include the name of the user, the alann, the action taken on the alann, and a time/date stamp. 2. The BAS shall annunciate diagnostic alarms indicating system failures and non- normal operating conditions 3. The BAS shall annunciate application alarms at minimum, as required by Pal13 and the sequence of operations. D. Reports BUILDING AUTOMATION SYSTEM Collier Count Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17200-4 10' t\ I. Reports shall be generated and directed to one or more of the following: OWS display, printer, or archive at the user's option. As a minimum, the system shall provide the following reports: a. All points in the BAS. b. All points in each BAS application. c. All points in a specific AN. d. All points in a user-defined group of points. e. All points currently in alarm in an BAS application. f. All points locked out in an BAS application. g. All BAS schedules. h. All user defined and adjustable variables, schedules, interlocks and the like. I. BAS diagnostic and system status reports. 2. Provide all applicable standard reports of the BAS manufacturer. 3. Provide for the generation by the user of custom reports as specified in Part 3 and per the sequence of operations. E. Dynamic Color Graphics I. An unlimited number of graphic displays shall be able to be generated and executed. 2. The graphic displays shall be able to display and provide animation based on real- time BAS data that is acquired, derived, or entered. 3. The user shall be able to change values (setpoints) and states in system controlled equipment. 4. Provide a graphic editing tool that allows for the creation and editing of graphic files. 5. BAS system shall be provided with a complete user expandable symbol library containing all ofthe basic symbols used to represent components of a typical BAS system. F. Schedules I. Provide a spreadsheet-type schedule input fonn for automatic BAS time-of-day scheduling and override scheduling of BAS operations shall be provided. At a minimum, the following spreadsheet types shall be accommodated: a. Weekly schedules, b. Temporary override schedules. c. Special "Only Active If Today Is A Holiday" schedules. d. Monthly schedules. 2. Schedules shall be provided for each system or sub-system in the BAS. Each schedule shall include all commandable points residing within the system. Each point may have a unique schedule of operation relative to the system use schedule, allowing for sequential starting and control of equipment within the system. Scheduling and rescheduling of points shall be accomplished easily via the system schedule spreadsheets. BUILDING AUTOMATION SYSTEM Collier Count Chiller Plant tOO% CD - August 22, 2007 DMJMHN Project Number 17200-5 3. Monthly calendars for a ] 2.month period shall be provided that allow for simplified scheduling of holidays and special days in advance. Ho]idays and special days shall be user-selected with the pointing device or keyboard, and shall automatically reschedule equipment operation as previously defined on the weekly schedules. 10 G G. Historical trending and data collection I. Trend and store point history data for all BAS points and values as selected by the user. 2. The trend data shall be stored in a manner that allows custom queries and reports using industry.standard software tools. 3. At a minimum, provide the capability to perfonn statistical functions on the historical database: a. Average. b. Arithmetic mean. c. Maximum/minimum values. d. Range - difference between minimum and maximum values. e. Standard deviation. f. Sum of all values. g. Variance. H. Alann Paging: ]. Provide automatic alphanumeric paging of pcrsonnel for user-defined BAS events. a. System shall support both numeric and alpha.numeric pagers, using Alphanumeric, PET, or IXO Protocol at the owner's option. b. Users shall have the ability to modify the phone number or message to be displayed on the pager through the system software. c. System shall utilize pager schedules to send pages to the personnel that are "on-call". d. Contractor shall be responsible for providing a modem for connection to the . . paging service. 2.4 APPLICATION NODES A. General I. The Application Nodes (AN) shall include all monitoring, control and information Nodes including field panels. 2. AN shall be programmable and govemed by the requirements oftheir applicable codes, approvals and regulations. 3. The AN shall be designed, packaged, installed, programmed and commissioned in consideration of their specific service and prevailing operating conditions. They shall be proven standard product of their original manufacturer and not a custom product for this Project. BUILDING AUTOMATION SYSTEM Collier Count Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17200-6 "I' L';';: 4. A failure at an AN shall not cause failures or non-normal operation at any other system AN other than the possible loss of active real-time information from the failed AN. 5. Ancillary AN equipment, including interfaces and power supplies, shall not be operated at more than 80% of their rated service capacity. 6. AN shall comply with FCC Part 15 subpart J class A emission requirements. B. HV AC Nodes I. HV AC Node shall provide both standalone and networked direct digital control of HV AC systems. 2. A dedicated HV AC Node shall be configured and provided for each primary HV AC system (air handler, chiller, boiler) and each terminal HV AC system (V A V Box, Unit Heater, Fan Coil Unit, Cabinet Heater, Heat Pump, Fan Powered Box, CV Box) 3. Each HV AC Node shall be able to retain program, control algorithms, and setpoint infornlation for at least 72 hours in the event of a power failure, and shall return to normal operation upon restoration of power. 4. Each HV AC Node shall report its communication status to the BAS. The BAS shall provide a system advisory upon communication failure and restoration. 5. For each primary HV AC system, provide means of indication of system performance and setpoints at, or adjacent to the HV AC Node. 6. For each primary HV AC system, provide a means to adjust setpoints and start/stop equipment at, or adjacent to the HV AC Node. 7. Provide a means to prevent unauthorized personnel form accessing setpoint adjustments and equipment control functions. 8. The HV AC Node shall provide the ability to download and upload configuration data, both locally at the Node and via the BAS communications network. 9. The HV AC Node shall be provided with a permanently-mounted local graphic tenninal where required in the sequences ofthis specification. The local graphic tenninal shall provide dynamic graphical representation of the associated system status, with the ability for the operator to enter commands with proper password protection. 2.5 APPLICATION SOFTWARE A. BAS Application Software I. Event Messaging: Provide for the automatic execution of user. defined messages on the occurrence of each predefined BAS real-time event including equipment/point status change, approaching limit or alann, time of day and the like. BUILDING AUTOMATION SYSTEM Collier Count Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17200-7 lOG 2. Auto Alann Lockout: Provide for scheduled and automatic lockout of alann annunciation from equipment during non-nonnal operating conditions including shutdown, emergency power operation, fire alarm and the like. 3. Demand Limiting: Provide software to limit excess utility charges caused by uncontrolled demand. Provide the ability to prioritize the demand limiting actions based on BAS system parameters. 4. System Restart: Upon restoration of the AC power to an HV AC Node, automatically restart all equipment and restore all loads to the state as required by the BAS. Provide appropriate time delays to prevent demand surges or overload trips. 5. Heavy Equipment Delays: The system shall provide protection against excessive demand situations during start-up periods by automatically introducing time delays between successive start commands to heavy electrical loads. 6. Runtime Totalization: Automatically sample, calculate and store runtime hours for binary input and output points as listed in the point schedule of this specification. 7. Analog/Pulse Totalization: Sample, calculate and store consumption totals on a daily, weekly, or monthly basis for user-selected analog and binary pulse input- type points. 2.6 FIELD DEVICES A. Input Devices I. Air Flow Measuring Station a. Materials: Anodized Aluminum with stainless steel brackets b. Rating: +300F to 1200F & 0-99%RH (Non-condensing) c. Mounting: Duct Mount d. Range: 400.5000FPM e. Accuracy: +/- 3% of reading over operating range f. Protection: NEMA 1, NEMA 4 (outdoor use) g. Input/Output: 24V AC power, 0-1 OvDC, 4-20mA 2. Air Low Differential Pressure Switch a. Rating: NEMA I b. Mounting: Duct Insertion c. Range: 0.05" to 5.0" WC, complete with field adjustable setpoint. d. Protection: Overpressure to 1 PSIG e. Output: Form C Contact, minimum 50VA f. Speeial: Automatic reset, provide complete installation kit including static pressure tips, tubing, fittings, and air filters. 3. Air Low Differential Pressure Sensor a. Rating: NEMA I b. Mounting: Duct Insertion c. Range: 0.05" to 5.0" WC, d. Protection: Overpressure to 1 PSIG e. Output: O-IOvDC, 4-20mA BUILDING AUTOMATION SYSTEM Collier Count Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17200-8 ') l f. Special: Provide complete installation kit including static pressure tips, tubing, fittings, and air filters. 4. Air High Differential Pressure Switch a. Rating: NEMA 1 b. Mounting: Duct Insertion c. Range: 1" to ] 0" WC, complete with field adjustable setpoint. d. Protection: Overpressure to 1 PSIG e. Output: 2 Fonn C Contacts, minimum 360V A f. Special: Manual reset, provide complete installation kit including static pressure tips, tubing, fittings, and air filters. 5. Carbon Monoxide Sensors a. Materials: Metal Oxide Semiconductor b. Rating: 5000 sq feet c. Mounting: 5' above finished floor d. Range: 0 to 200ppm e. Output: 0.10vDC, 4-20mA f. Special: Provide test and calibration kit for sensors 6. Carbon Dioxide Sensors a. Materials: Molded plastic enclosure b. Rating: 0 to 5000ppm c. Mounting: Duct or Wall d. Range: 0 to 2000ppm e. Accuracy: +/- 50ppm f. Output: 0-lOvDC, 4-20mA g. Special: Provide test and calibration kit for sensors 7. Current Switch a. Materials: Encased copper b. Rating: 600vAC c. Mounting: Split Core d. Range: 1.5amps to 50 amps e. Action: Trip point adjustment f. Output: SPST, N.O. g. Special: Status LED 8. Humidity Sensors a. Materials: Polymer b. Rating: class 2 c. Mounting: Duct or Wall d. Range: 20% to 80% e. Accuracy: +/-3% f. Protection: 0-100% non-condensing g. Output: O-IOvDC, 4-20mA h. Special: Duct or Wall Mounting Kit 9. KW Transducer a. Materials: Encased copper b. Rating: 600vAC c. Mounting: Split Core BUILDING AUTOMATION SYSTEM Collier Count Chiller Plant 100% CD - August 22, 2007 DMJ1\1HN Project Number 17200-9 lOG (<~ f' .,) "1 d. Range: Up to 2400amps e. Accuracy: +/- 1% f. Output: 4-20mA 10. Temperature Sensors a. Materials: Nickel element in a copper tube. b. Mounting: Duct/Pipe, Room c. Range: -50'F to 250'F, 550F to 850F d. Accuracy: 0.1 % e. Output: Resistive 1 OOOohms @ 700F f. Special: Duct Element Holder, Brass Well Assembly, Room Mounting Bracket and Cover 11. Water Differential Pressure Switch a. Materials: Brass bellows b. Mounting: Pipe mounted c. Range: 2 - 26 PSI, 1.2 PSI fixed differential d. Protection: 120 PSI Differential overpressure, 180 PSI static pressure. e. Output: Form C contacts, 50 V A f. Special: Pipe taps and shut off valves provided by Div. 15. 12. Water Flow Monitoring (GPM) a. Materials: Electrolyses Nickel Plated Brass b. Rating: 2.5gpm to 60,900gpm c. Mounting: 2.5" minimum pipe diameter to 36" d. Range: 50: 1 e. Accuracy: +/-2% @ .4 to 20ft/sec f. Protection: 400psi@ 1800F g. Output: O-lOvDC, 4-20mA h. Special: Hot Tap Assembly B. Output Devices 1. Control Relays a. Materials: Gold Flash b. Rating: 10 amps @ 120-277vAC c. Monnting: Standard Electrical Box d. Protection: NEMA I Housing e. Output: SPDT, DPDT f. Special: Provide LED for position indication. Provide with HOA switch, except when used in Smoke Control applications. C. Controlled Devices J. Ball Valve 1/2" through I" a. Materials: Forged Brass Body; Stainless steel ball b. Rating: 350F to 250oF, 400psi c. Mounting: Actuator above the centerline of the horizontal piping d. Range: 150: 1 e. Input: control 0-1 OvDC and power 24v AC f. Special: Factory mounted actuator 2. Globe Valve 112" through 2" BUILDING AUTOMATION SYSTEM Collier Count Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17200-10 '! 0 G ~" a. Materials: Cast Bronze Body; Brass plug b. Rating: 350F to 250oF, 400psi c. Mounting: Actuator above the centerline ofthe horizontal piping d. Range: 25: 1 e. Input: control 0-1 OvDC and power 24v AC f. Special: Factory mounted actuator 3. Globe Valve 21/2" through 4" a. Materials: Cast Iron Body; Bronze plug b. Rating: 200F to 250oF, 125psi c. Mounting: Actuator above the centerline of the horizontal piping d. Range: 25:1 e. Input: control O-lOvDC and power 24vAC f. Special: Factory mounted actuator 4. Butterfly Valve a. Materials: Cast Iron body; Ductile iron disk b. Rating: 350F to 250oF, c. Mounting: Actuator above the centerline of the horizontal piping d. Input: 80psi main air and 20 psi control air e. Special: Provide valve position switch for indication of valve position; Factory mounted pneumatic actuator 5. Electric Damper/Valve Actuators. a. Rating: NEMA 1 Enclosure b. Mounting: Direct mount c. Control Input: Continuous 0-10 VDC or 0-20 mADC d. Power: Nominal 24 VAC e. Protection: Stall protection f. Torque: Size for minimum 150% of required duty g. Special: Output position feedback, manual override, field selectable direction, field adjustable zero and span. For spring return provide field selectable spring retum direction. 6. Automatic Control Dampers a. Mounting: Field b. Nonnal Position: Closed c. Blade Configuration: Opposed d. Blade/Frame: Extruded Aluminum e. Bearing/Seal: AcetallSantoprene, synthetic 7. Combination Fire/Smoke Dampers a. Mounting: Fast angle with sleeve b. Actuator type: 120v AC, two position c. Normal Position: Closed d. Blade Configuration: Opposed e. Blade type: Triple V f. Activation Temp: 2120F g. Special: Two independent blade position switches. D. Other Devices BUILDING AUTOMATION SYSTEM Collier Count Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17200-11 lOG 1. Uninterruptible Power Supply a. Materials: Sealed, Captive electrode. b. Rating: FCC Part J, Class A for EMIIRFI, IEEE 587; THO 5%, Single harmonic 3% c. Mounting: On top of PC cabinet, under associated video display, adjacent to peripherals d. Accuracy: regulation +/- 5%; frequency stability +/-.5Hz e. Protection: Overload capacity of 12% for I second; Main circuit breaker f. Output: 1500 V A continuous filtered power for 15 minutes; 5 electrical receptacle outlets (two conditioned, three UPS power). g. Special: Max audible noise 47DBA, non-corrosive, exerts no flammable gases. 2. Variable Speed Drives a. Enclosure: Type I b. Input Voltages: 208/230/480 c. Input Voltage tolerances: + 10% / -15% of rated value. d. Rating: UL508C, Plenum rated e. Mounting: Wall mount f. Analog Input current: 4-20mA, 250 ohm differential g. Analog Input voltage: 0.] OvDC, 200 ohm differential h. Auxiliary inputs: Six digital I. Auxiliary Outputs: (I) 0-20mA, (2) programmable relay outputs J. Voltage protection: Over and Under k. Current Protection: Over I. Relative Humidity: 0.95% non-condensing m. Acceleration/Deceleration: 0-3000 seconds n. Control Method: Frequency control o. BAS Serial communications: N2/xt bus, LonWorks@ofdriveand all bypass features p. Number of Skip frequencies: Six q. Line reactors: 3% r. Disconnect: Lockable s.Type 12 Keypad: Three parameters simultaneously t. Manual Switching: Hand-Off-Auto; Drive/Bypass PART 3 - EXECUTION A. Serial Communications - General I. Provide serial communication gateways/interfaces, and/or interfacing devices to the third party equipment including chillers, and speed drives. END OF SECTION BUILDING AUTOMA nON SYSTEM Collier Count Chiller Plant 100% CD - August 22, 2007 DMJMHN Project Number 17200-12 lOG ~1 ' ~ COlLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 732-0844 http://colliergov.net ADDENDUM DATE: August 23, 2007 FROM: Interested Bidders _J!t/ / Scott D. Johnson, Purchasing Agel~ Addendum # 1 - Bid #07-4182 Collier County Chiller Plant Renovation TO: SUBJECT: Addendum #1 covers the following change for the above-referenced Bid: Question: The project specifications include section 16415, Transfer Switches. There is no work detailed on the plans that show new or replacement transfer switches. Please confirm the intent of including section 16415 in the bid specifications MARTIN ROGERS 8/16/2007 12:41 :53 PM ResDonse: Delete Project Manual Specification section 16415 Transfer Switches Question: Will the contractor need to furnish a temporary generator during the generator replacement activity or does the owner have a portable generator that they connect to the existing generator receptacle on the north side of the building that is intended to be used during this activity? MARTIN ROGERS 8/16/2007 10:59:04 AM ResDonse: Bidders shall provide an Alternate Price for providing and connecting a temporary generator as required to accomplish the scope of work Question: Section 15990 - Test and Balance Page 15990-1 lists 3 acceptable agencies for T&B. All of the listed agencies are on the east coast of Florida. Can you provide ancies that might be local, or can we get bids from any agency that is NESS Certified? tin 8/15/2007 5: 14:56 PM ResDonse: Bidders shall propose qualified alternate Test and Balance agencies 10 (' for approval Question: Inside the FPL Vault do you want a tap box installed on the Bussway? Gary Beck 8/14/2007 2:31:13 PM ResDonse: The FPL Vault, systems and equipment are under FPL control per FPL specifications. If a tap box is required by FPL on the Bussway then it shall be the General Contractors' responsibility to coordinate this and all Vault requirements with FPL to accomplish the scope of work. Question: Chiller # 2 breaker is set at 1200 amps yet the sub feeders are parallel SOO MCM. Parallel SOO's are inadequate, please clarify Gary Beck 8/14/2007 2:30:41 PM ResDonse: See NEC (2005); overcurrent protection provided according to 430.52. Branch circuit conductors' size provided according to 430.22. Question: MCC elevation and one-line drawings show the VFD's internally mounted. Spec 1SQS6, 2.1.B.1 list ABB as the only approved VFD manufacturer. Are Square D drives to be supplied internal to the MCC as shown on E5.1.01 or do ABB drives have to be provided externally. Jared Bloom 8/8/2007 3:07:58 PM ResDonse: Due to lack of space, the most compact solution was chosen; that is to include the VFD in the MCC. Provide an Alternate Price to provide an external VFD by "ABB"; this Alternate shall include the proposed location of the "ABB" drives. Question: What contractor recently replaced the roof on the Chiller Building and is responsible for the warranty? ResDonse: The roofing contractor is Sutter Roofing contact Adrienne Doane cell phone 239-633-2856 Question: What vendor does the County use to provide water treatment to the existing, roof top cooling towers? ResDonse: The contractor who provides water treatment to both the cooling towers and the chill water systems is Aquasure of Largo, FL; contact Don Shure; Telephone 727-535- 1726. If you require additional information please call Hank Jones, Facilities Management Department at 239/774-8380 or me at 239/774-8499 or bye-mail at ScottJohnson@colliergov.net. cc: Mr. Hank Jones, Facilities Management ORIGINAL CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA lOG Collier County Chiller Plant Renovations BID NO. 07-4182 Full Name of Bidder: Kraft Construction Company, Inc. Main Business Address: 3520 Kraft Road Place of Business: Naples. FL 34105 239-643-6000 Fax No.: 239-643-0090 Telephone No.: State Contractor's License #: CGC 009709 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Date Issued Contractor's Number Initials NO.1 August 23, 2007 _0ftrL- NO.2 August28,2oo7 /{Ir& Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid pages. Construction Document - Manual, Revised 7-2007 GC-P-1 10 G BID SCHEDULE Collier County Chiller Plant Renovations Bid No. 07-4182 Project Notes: 1. Absolutely NO INTERRUPTIONS to the chiller plant operations (all other chiller units other than No.2 will be permitted. 2. Trane is the only acceptable supplier of the Centrifugal Chiller Unit. Base Bid: (')100 ~d\l(Jj..) ~<lN ~.y,,,-,,,~ .' $ 1/,3,,,Cd) ~N~&.. ~~ N ltJQ.... >lY;/co,,) Dollars, Lump sum Net Credits for salvage/resale of Major, removed Equipment 1. Existing No.2 Chiller $7-. ('00 2. Existing Cooling Tower $ t' ..(l1~ 3. Existing Emergency Diesel Generator$ Deliver to Owner per Spec Section 16231, 1.2F. 4. Existing Chill Water Pump $ &lro 5. Existing Condenser Water PumpS .'(1nJ 6. Existing Air Handling Unit No.1 $ ,'C"ln.., Net Total Bid (base bid less credits) $ JL 1'3 '-t . OCD 010@ tv' J.llO.J..) ";--Que"..) Vt~~ \.~ ~1.l\fL. ~U5~ . Dollars Schedule: Days to operation of new Chiller /56 Construction Document - Manual, Revised 7-2007 GC-P-2 10 G ~- '1 ~:,,'!.i MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. r~~Q,F c.I,,\\l~ u~t - \ (2-frtJ e. 2. '?-cot \-\~ ~~\ CO 3. -::i:" ~ tU-1U1L .\>kl"'-t. .c;~N VJ 1\ k o..JI\l-S 4. G:.'i\-kol<; ~\J\.50t--:l 5. W~0>oM ~t~ ovu.J:; 0010 {l...\L.. \<'.. . Dated: September 4, 2007 Kraft Construction Companv, Inc. Bidder BY: ~~ Construction Document- Manual, Revised 7~2007 GCRP-3 10 G LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. Cateaorv of Work 'D~ Subcontractor and Address 4. Q.o0~-CYW ~~f1~:d- N~~s ~N Ahp fa- s '<::;u ~ tJ kpCo-s ~.11\(J~-G ~<;..~OV\.., fl ~S ~Q.-\~~ N>1' Cas 2. MJ-,.{ <, 3. 't<- 00 flN& 5. --Yo~ Dated: September 4, 2007 Kraft Construction Company, Inc. B~ BY: Construction Document - Manual, Revised 7-2007 GC-P-4 10 r, f., (..~ STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. North Collier Hospital Naples, Florida See attached Rendering #1 See attached Rendering #2 2. Ave Maria University Ave Maria, Florida 3. North Collier Regional Park See attached Rendering #3 Naples, Florida See attached Rendering #4 4. Sea Gate Elementary School Naples, Florida 5. Allen Systems Group-Phase II Corporate Office See attached Rendering #5 Naples, Florida 6. Gulf Coast High School See attached Rendering #6 Naples, Florida Dated: September 4. 2007 Kraft Construction Company. Inc. BY B~_ Construction Document - Manual, Revised 7-2007 GC-P-5 Rendering #1 Current phase: Complete Completion date: 2006 Services provided: Construction Mgt at Risk Owner: NCH Healthcare Systems Larry Ray, VP Facilities Construction 11190 Health Park Boulevard Naples, FL 34110 (239) 436.5000 Architect: Jonathan Bailey Associates Jonathan Bailey 400 South Akard Street Dallas,TX 75205 (469)-227-3900 -- North Collier Hospital Naples, Florida 10 ~:. Kraft broke ground in 2004 on this $50 million expansion project that in- cludes construction of a six-story patient tower at the NCH North Collier Hospital campus housing 150 patient beds all wired for the most modern high tech capabilities. The new facility is fully integrated with the existing single.story hospital and based on a spa-like, non-institutional concept. The first fioor of the facility houses a lobby, a radiology department. outpatient services and a cafeteria. The intensive care, progressive care and dialysis units will be located on the second fioor. The third fioor is de. voted to pediatrics and medical/surgical beds. Patient rooms are situated on the fourth fioor. Rendering #2 Current phase: Under Construction Completion date: Ongoing Services provided: Construction Mgt at Risk Owner: Ave Maria University Don Schrotenboer (239) 348-2501 Architect: Cannon Design Keith Alf 2170Whitehaven Road Grand Island,NewYork 14072 (716) 773-6800 -- Ave Maria University Ave Maria, Florida 10 r: \..\ In a joint venture with Suffolk Construction, Krah is currently construct- ing the first new Catholic institution to be established in the U.S. in half a century, Ave Maria University, part of what will be a new college town to serve 5000 students on its 750-acre campus. A 3,000-seat landmark Oratory will become the nation's largest Roman Catholic place of worship and a soaring focal point serving as the symbolic and physical heart of both town and university. As its philosophic touchstone, the design of the site and campus build. ings were conceived in response to the University's founder and princi- pal benefactors advocacy for the design principles of Frank Lloyd Wright, with the use of clean horizontal lines, natural materials and extensive landscaping. The individual scale and massing of each building has been deliberately modulated to refiecttheir specific program of use and create a distinct sense of place. Surrounding the Oratory is a library, a science math and technology building and a graduate academic center. The resi. dential zone includes five undergraduate and two graduate dormitories and the recreation zone separates student activity and student recreation centers. Completing the first phase is a central plant and K-12 school. Rendering #3 Current phase: Complete Completion date: July 2006 Services provided: Construction Mgt at Risk Owner: Collier County Government Ron Hovell 3301 EastTamiami Trail Building "w" Naples, FL34112 (239) 774-8380 Architect: Burke Hogue Mills & Associates 100 Colonial Center Parkway Suite 150 Lake Mary, FL 32746 (407) 629-4511 ABC "Excellence in Construction" Award 2007 ~ North Collier Regional Park Naples,Florida 10G North Collier Regional Park is a large regional park that was built to accom- modate alternative recreation and sports tournaments. The 212-acre park includes the Sun-N-Fun Lagoon with water slides, pools and wet.and.wild play areas. Also included is a 1,200 foot Lazy River, three water slides, div- ing/lap pool. family pool. interactive, wading and activity pool. The program also includes an exhibit hall with gymnasium, meeting rooms, fitness center, playground with a mock Calusa fossil dig site, picnic shelters, five softball fields and eight soccer fields. Other highlights include an el- evated boardwalk through a 100-acre wetlands preserve area and a two and a half mile walking trail with bicycle paths. Current phase: Complete Completion date: 2006 Services provided: Construction Mgt at Risk Owner: School Board of Collier County Alvah Hardy 5775 Osceola Trail Naples, FL 34109 (239) 377-0230 Arch itect: Burt Hill/Pollock Krieg Architects, Inc James Henley, AlA 13099 S. Cleveland Avenue Fort Myers, FL 33907 (239) 482-4761 [gi Rendering #4 Sea Gate Elementary School Naples, Florida 10 G Kraft Construction is currently completing a two phased addition and renovation project at Sea Gate Elementary School. Phase I included an addition of a new 25,000 SF, two-story classroom building and expansion and replacement of the chiller plant. An exist. ing chiller was replaced and five new chilled water pumps were in- stalled over the summer break. Phase II was a 14,000 5F renovation and addition ofthe existing school building. The construction included additions to the stage, the media center, the existing bus loop, and the faculty parking area. The caf. eteria, two classrooms, the PTA room and a main corridor were com- pletely renovated and remodeled. All ofthe work was performed on an occupied campus with no disrup- tions to the students and faculty. Current phase: Complete Completion date: 1998 Services provided: Construction Mgt. at Risk Owner: Allen Systems Group, Ine. Arthur L Allen, President 1333 Third Avenue South Naples,FL 34102 (239) 435-3680 Architect: My Architect, Ine. Van Miller (239) 435-9482 ~ Rendering #5 Allen Systems Group - Phase II Corporate Office Naples, Florida lOG Phase II of the Allen System Group corporate office consists of a three story building with similar components to the original building and includes technological upgrades such as a generator which is able to sustain operations for ten days. Other upgrades include high efficiency dual panel insulated impact glass to withstand winds of up to 140 mph. This building features the latest technology currently available. Current phase: Complete Completion date: 1998 Services provided: Construction Mgt at Risk Owner: School Board of Collier County Alvah Hardy 5775 Osceola Trail Naples, FL 34109 (239) 377-0230 Architect: SchenkelShultz Architecture Gary Krueger 2640 Golden Gate Parkway Suite 112 Naples, FL 34105 (239) 434-2400 ~ Rendering #6 Gulf Coast High School Naples, Florida lOG i ",<,-, ,','- . ":':"."C't:~tiJ-'>i~' · f,~f~~' '..:: :.: :', ',;ii\'.:"'~:." This Construction Management at Risk project consists offourteen build. ings totaling 300,000 SF. In addition to typical classrooms, Gulf Coast High School, with a 2000 student station capacity, features 500 multi. media computers, twelve computer labs, fiber optics in every classroom, a double gymnasium with balcony seats, a full sized baseball field, prac. tice soccer and football fields and a cafeteria that seats the entire 2000 student body at one time. The project also included a 3000 seat football stadium and a state-of-the-art 1,258 seat auditorium. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) Unit (Quantity) Unit Cost Extended Cost 1. ~uuU Lr :F-:::,"O :iJ I/D60 2..0 2. 3. 4. 5. TOTAL $ :t/lXJO Failure to complete the above may result in the Bid being declared non-responsive. Dated: September 4, 2007 Kraft Construction Company, Inc. Bidder BY: frLA..- Construction Document- Manual, Revised 7-2007 GC-P-6 10 G Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within two hundred ten (210) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfullv Submitted: State of Florida County of Collier Travis A. Coulter, being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Travis A. Coulter, also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. Construction Document - Manual, Revised 7.2007 GC-P-7 lOG (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of FLORIDA, which operates under the legal name of KRAFT CONSTRUCTION COMPANY, INC., and the full names of its officers are as follows: President John Pinholster Secretary Thomas E. Williams Treasurer Phil Teioe Manager N/A Tho is authorizod to sign construction bids and oontraots for tho oomp::my by aotion of its Board of Direotors takon , a cortifiod copy of '....hioh is hereto attachod (strike out this last sontonco if not applicablo). (b) Co-Partnership N/A The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual N/A The Bidder is an individual whose full name is and if operating under a trade name, said trade name is Construction Document - Manual, Revised 7-2007 GC-P-8 10 ~ DATED: September 4,2007 ~~ Kraft Construction Company. Inc. legal entity BY: Travis A. L&ulter Kraft Construction Company. Inc. Wi <" Na~ Bidder (Typed) .#~ Sign ure Senior Vice President Title STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 29th day of August, 2007, by Travis A. Coulter, as Senior Vice President of Kraft Constructi pany, Inc. a Florida corporation, on behalf of the corporation. He/she' rsonally know Of take an oath. My Commission Expires: J;:~ \ 'I \ g I JODi ( ignature of Notary M.OJJ.. (pp /J/1 A - s k~nVltlv'\ (Legibly Printed) . ....'i/io,'!....., MAUREEN A. SHERMAN i.'rib~;" MY COMMISSION '.00 4363.76 "".~.;,; EXPIRES:July18,2009 "f.1f./if,"i;;"rft' BondedThruNotary Public Underwnlers NAME: (AFFIX OFFICIAL SEAL) Notary Public, State of FJ- Commission No.: b D /.P'//137/0 Construction Document - Manual, Revised 7-2007 GC-P-9 THE AMERI(,r\N INSTITUTE OF ARG. i1TECTS 10 C AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Kraft Construction Company Inc. 3520 Kraft Road, Naples, FL 34105 as Principal, hereinafter called the Principal, and Safeco Insurance Company of America 2055 Suqarloaf Circle, Duluth. GA 30097 a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto Collier County Government 3301 TamiamiTrail, Naples, FL 34112 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Collier County Chiller Plant Renovation County Bid No. 07-4182 3301 E. Tamiami Trail, Naples, FL 34112 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principai shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 24th day of August 2007 Signed and sealed this (Witness) Kraft Construction Com an Inc, ~~(~~/) ...-(11c,~i\-5 "'. \IJ ,i-l-tItrJ'\ "'> (See!) ~~ B: I ?, S r=~ec.. VJ~ \.u-s:. E,..ec;V\a ,~S. (ritf9) Co 'I, (Soal) (Tiffo) .-., AlA DOCUMENT A310. BID BOND. AlA. FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., l\'.W., WASHINGTON, D.C. 20006 &'mIm~ POWER OF ATIORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 10' KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA Washington corporation, does each hereby appoint No. 13188 and GENERAL INSURANCE COMPANY OF AMERICA, each a ...............RICHARD G. AVERY; THOMAS BEAN; KAREN BOWLING; MARY ALICE J. CORBffi; SUSAN LUPSKI: GERARD S. MACHOLZ: CAMILLE MAITLAND; ROBERTT. PEARSON: RITA SAG/STANO: Garden City, New York; KATHLEEN M. CRISTiANO: JOSEPH DOBKOWSKI, JR.; ADRIANNE SCALERA; Mountainside, New Jersey***-.... its true and lawful attorney{s)-ln-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of August 2006 ~~~ STEPHANIE DALEY.WATSON.SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SUREfY CERTIFICATE Extract from the 8y.Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in~fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its business... On any instrument making or eVldenclng such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.. Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any.certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of~attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of~attomey appointment Is In full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.. I. Stephanie Daley.Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,. do hereby certify that the foregoing extracts of the By~Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-laws. the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 24 day of AUGUST , 2007 ~~~ STEPHANIE DALEY.WATSON, SECRETARY Safeco€l and the Safeco logo are fe9istered trademarks of Safeco Corporation. 8..0974/084/05 WEB POF ACKNOWLEDGMENT OF PRINCIPAL -IF A CORPORATION STATE OF .......%'.,~,A~........} ss COUNTY OF ......'.0.-i~~:-:-:...... . zl\~ ^... lA':i.- loo-1 On this ................................. day of .....~.....'.......................,.., ......... before me personally appeared ............~.'(I:'A.:?..l:..:....'v:!.:~I.0.~:-::~?....................... to be known, who, being by me dUly sworn, did depose and say; that h~/she resides at ...............N.A.P.i:-<:.?,..lli:(..I'O.'4:'............ ...... ............................................., that he/she Is the .....~.4.r.~.,..\l..I.c,~..~.. President of .....~e.A.~..~.c~-y.~\0".l.'?'?.~\i'0'?:1.,..~.Y............................ the corporation described in and which executed the within insurance instrumenl; that ~.!:"she knows the seal of said corporation; that the seai affixed to said instrument is such corporate seal; that is was so affIXed by the Board of Directors of said corporation; and that he/Sh~lgned his/her name thereto by like order. t\6a - --- ~ ' sta\eo\rIQ .. .Mp,,r................0=-. ....+\O~tj,~~~~~..'il\)4~\~..... ,," '",,+ ~ .\~1"""''''",\O" ~u~ ACKNOWLEDGMENT OF PRINCIPAL -IF INDIVIDU ~~~~.,\'lJl"l~ 10 G STATE OF ........................} 35 COUNTY OF ..................... On this ................................. day of :.........................................., ......... before me personally appeared ..................................................................................... to me know to be (the individual) (one of the firm) of ................................................................................... described in and who executed the within instrument ._and he/she thereupon acknowledged to me that he/she executed the same (as the act and deed of said firm). , . . .................................................n.......................................... ACKNOWLEDGMENT OF SURETY COMPANY STATE OF .~.J~~.......... } COUNTY OF ...~~~........ 33 On this .....!v.{ffi~X..?~l..}QQL........., before me personally came ............~~~..~.~~~........................ to me known, who, being by me duly sworn, did depose and say; that he/she resides In .......~M:y...~.9.w.rr.x.........................., State of ...New :(ork................ that he/she Is the Attomey-in-Fact of the .......~.~..~~~~~.~~~..?~..~~................. the corporallon described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument Is such corPorate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed h(slher name thereto by like order; and the affiant did further. depose and say that the Superintendent of Insurance of the State of New ~ ha~cBJifsuanl to Section 1111 of the Insurance Law of the State of New York, issued to ...:;;m.~~..~~........~.........~.!?,F:..~~....................... (Surety) his/her certificate of quarlfication evidenCing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate ha, "tb"," "~"d~~~mm JEANNE GARGUILO NY acknowledgement Notary Public, State of New York No.01GA6112526 Qualified In Nassau Count!. _ _ y Commiaalon Expires July 8, ~ ~:Insurance ~ . 10 SAFECO INSURANCE COMPANY OF AMERICA n b FINANCIAL STATEMENf - DECbdlJER 31,2006 Assets Cash and Bank Deposits........... ............................ S 86,659,875 *Bonds - U.S Goverrunent....... ......................... .........134.111.814 'Oth" Bonds..... ...... ......... ....... ................,.... ........... 2,821,326,707 'Stocks .................. ..................... ....... ..... ........ ......... 523 ,881 ,548 Real Estate.. ......... __.......... ....... .... ....... "... ........ ........_....... 0 Agents' Balances or Uncollected Prcmiums..........h.....626.775.902 Accrued Interest and Rents .................................... 40,188,467 2S9 .094.036 Other Admitted Assets....................... ..... hu ..... ...... Total Admitted Assets ._.....__.___.___...___ $4 511 o:\~ :\49 Liab iIities Unearned Premiums.............................................. S 706,885,899 Reserve for Claims and Claims Expense ...................1,563,240.516 Funds Hdd Under Reinsurance Treaties............... 139,204 Reserve for Dividends to Policyholders......................... 2,116,676 Additional Statutory Reserve................................ Reserve for Conunissions, Taxes and Other liabilities ........................................... 1.094.254.631 Total ___.___.___.____.___.___.____.___ $3,366,636,926 Special Surplus Funds...... S (504,853) Capital Stock................................ 5,000,000 Paid in Su.plus................................ 260,561,321 Unassigned Surplus................... 890.344955 Surplus to Policyholdus ....._........._......... 1.155.401.423 Tota1Liablliti~ and Surplus....................._....... S4 511 nlR U9 * Bonds arc stated at amortized or investment value; Stocks atAssociationMackct Values. Securities carried at $124,431,457 are deposited as required bylaw. I, TIM MlKOLAJEWSKI, Senior Vice-President of SAFECO Insurance Company of America,. do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2006, to the best of my knowledge and belief. m WITNESS WHEREOF, I have hercWlto set my hand and affixed the seal of said Corporation at Seattle, Washington., this 1st day of March, 2007. 8-1262a3lO1 . nn,~~^ Senior Vice-President - 6 A reg's1ered trademark<< SAFECO Corporalion 10 G THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: {=>Bid Number; {=>project Name; {=>Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified openina date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Kraft Construction Company, Inc. Travis A. Coulter Bi r Name Senior Vice President DATE: September 4, 2007 Construction Document - Manual, Revised 7-2007 GC~P-12 10 G CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Kraft Construction Company, Inc. ("Contractor") of 3520 Kraft Road, Naples, FL 34105, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Collier County Chiller Plant Renovations, Bid No. 07-4182 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Facilities Management, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: one million seven hundred thirty nine thousand dollars and zero cents ($1,739,000.00). GC-CA-1 10 "" r" \,,~ Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liquidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within two hundred ten (210) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC~CA~2 10"" 1- U such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, two thousand ten dollars and ten cents ($2010.10) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. GC-CA.3 10 G G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by Spillis Candella DMJM and identified as follows: Collier County Chiller Plant Renovations as shown on Plan Sheets dated July 9,2007. Contractor's List of Key Personnel Stored Materials Record GC-CA-4 10 G Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Hank Jones, P.E Senior Project Manager Facilities Management Department 3301 Tamiami Trail East BLDG "W" Naples, FL 34112 Tel: (239) 774-8380 Fax: (239) 530-6421 E-Mail: HankJones@colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Travis A. Coulter, Senior Vice President Kraft Construction Company 3520 Kraft Road Naples, FL 34105 Tel: (239) 643-6000 Fax: (239) 643-0090 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-CA.5 10 ro. t, Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any tirne or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. GC-CA-6 lOG Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** GC-CA.7 In "'.;,i IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WI~ES: /~ /--r-;- ~ FIRS~NE S /' By: any, Inc. ---- ./7 __ y> --- .' /' ~fi' / to. ?': fc.,"-- V Type/Print Name -. ~(CJ) '-'C_ . ~ SECOND WITNESS ~o;</ OL./v'EY Type/Print Name ,...,../' ~......t f2]1~ ;;-1 Type/Print Name and Title ~~-"'~lT/ C-c6 Date: Nooom~Y ,i,1J1C07 ATTEST: . OWNER: D . t E. Brock, C~rk . " '1'" ." '" - " . '. . . ~. 1, ';:- BY: '.' :,. Atttst IS to~ tiM. . s1gnatu,', 00 1.' . Approved As To Form ood L'g" s~ ~ Print Name: ~ Assistant Co nty Atto ey BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA dt.~ I/U Ja s Coletta, Chairman BY: \tem# _lOG ~I \ ,"'" lili~ I ~~~Vil' GC.CA-8 EXHIBIT A PUBLIC PAYMENT BOND 10 G t'll ! , Collier County Chiller Plant Renovations Bond No. 6518555 Contract No. 07-4182 KNOW ALL MEN BY THESE PRESENTS: That KRAFT CONSTRUCTION COMPANY, INC. 3520 Kran Road, Naples, FL 34105 , as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , as Surety, located at 2055 Sugarloaf Circle, Duluth, GA 30097 (Business Address) are held and firmly bound to COLLIER COUNTY GOVERNMENT as Obligee in the sum of ONE MILLION SEVEN HUNDRED THIRTY NINE THOUSAND AND 00/100 DOLLARS ($ 1,739,000.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 2006, with Obligee for Collier County Chiller Plant Renovation Contract No. 074182 in Naples, FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 5 day of NOVEMBER, 2007 0006\ the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Construction Document - Manual, Revised 7-2007 GC-CA-A-.1 10 Signed, sealed and delivered ;0 Jeo~ of & (10M! ~ L(j.-c 0~ , .' Witnesses as to Principal'.. , PRINCIPAL KRAFT CONSTRUCTION COMPANY, INC. ~~3L.WJN:-1O BY: NAME: T~IMM.-e. uSll.L,~ ITS: E~~. ~c.e "'P~"v.J~ STATE OF Florida COUNTY OF (l,..,lIie.. The foregoing instrument was acknowledged before me this 5th day of JJoveMber 20.03:., by "nl)t'f\a~ W;l\,arnS , as E.'lLe('. V,QP preside..-H of v..(.(ifI... CO(\~(J()t\O{\ C'f\,/IV"l('. ,a corporation, on behalf of the corporation. He/she is Rersonally known to me OR has produced as identification and did (did not) take an oath. ,.,., ,"-, Notary Public State of Flqa ~'~-'f. Ashley Wallace ;, ~; My Commission DD650]~O .... o,"~ Expires OS/20/2011 My Commission Expires: NAME: otary) Asn\~ 1A.hJ.loct" (Legibly rinted) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: SAFECO INSURANCE COMPANY OF AMERICA (Printed Name) 2055 Sugarloaf Circle Duluth, GA 30097 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) Construction Document - Manual, Revised 7-2007 GC-CA-A-2 10 ~~)y~ OR ,P-J1,(z.t'(eJev s!Attorney in Fact (Attach Power of Attorney) D)/J~a~ Witnesses GERARD S. MACHOLZ (Printed Name) COUNTERSIGNED BY FLORIDA RESIDENT AGENT ~g~--~-~---_._------------------------- RICHARD F. FERRUCCI & ASSOCIATES, LLC 1001 Franklin Avenue, Suite 208 Garden City, New York 11530 (Business Address) 516414-8900 (Telephone Number) STATE OF NEW YORK COUNTY OF NASSAU The foregoing NOVEMBER, 2007 ATTORNEY.IN.FACT Surety, on behalf of Surety. N/A take an oath. instrument was , lW5, by acknowledged before me this GERARD S. MACHOLZ of SAFECO INSURANCE COMPANY OF AMERICA He/She is personally known to me OR has produced as identification and who did (did not) 5 day of , as JEANNE GARGUilO Notary Public, State of New Yor1l: No.01GAS112526 Qualified In Nassau County,."...."o CommilSion Expire. July e. ~v~ ~~>~L My Commission Expires: Name: JEANNE GARGUILO (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: NEW YORK Commission No.: 01GA6112526 Construction Document - Manual, Revised 7-2007 GC-CA-A-3 ..~ POWER OF ATIORNEY Safeco Insurance Company of America General Insurance Company of AmeriC<l Safeco Plaza Seaffie,WA9B16S 10 ,', ti KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and Washington corporation, does each hereby appoint No. 13188 GENERAL INSURANCE COMPANY OF AMERICA, each a .....--......RICHARD G. AVERY; THOMAS BEAN; KAREN BOWLING; MARY ALICE 1. CORBffi; SUSAN LUPSKI; GERARD S. MACHOLZ; CAMILLE MAITLAND; ROBERTT. PEARSON; RITA SAGISfANO; Garden City, New York; KATHLEEN M. CRISTIANO; JOSEPH DOBKOWSKI, JR.; ADRIANNE SCALERA; Mountainside, New Jersey**"....... its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of August 2006 ~~~ STEPHANIE DAlEY.WATSON.SECRETARY TIM MIKOLAJEWSKJ. SENIOR V/CE.pRESIDENr, SURETY CERTIFICATE Extracl from !he By-Laws of SAFECo INSURANCE COMPANY OF AMERICA and of GENERAL INSURANce COMPANY OF AMeRICA: "Article V, Section. 13. . FIDELITY AND SURETY BONOS ... the President, any Vice President, tile Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoInt Individuals as attomeys.-ln-ract or under Qther appropriate titles wlth- authority to execute on behalf of the company fide(lty and surety bonds 'and other docurtJents of slmdar character Issued by the company In the' COUl'lie of Its business... On any Instrument making or evidencing such appolntmenf.. Ihe signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company, the' seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking." Extracl from a Resolution of !he Boald ofOlrootors of SAFECO INSURANCE COMPANY OF AMeRICA and of GENERAl INSURANCE OOMPANY OF AMERICA adopted July 28, 1978. "On any, c;:ertlticate executed by the Secretary or an asslsts,nt secretary Qf the Company setting out, (I) The po>v1slons of Article V, Section 1~ of the By-taws, and (U) A oopy o('lI1e power-of..aftQmey appoIntment, executed pursuant thereto, and 011) COf1jfylng !hat said power-<lf...ttomey appoln1ment Is In fuR force and effeol, the .Ignature of the certlfylng officer may be by facsimile, and !he seal of !he Company may be a facsimile !hereof." l~ StephanIe Daley-Watson . SecretaI)' of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby oertlfy that the foregoIng eldl:acls of !he By-Laws and of a Resolution of the Boan! of Olrec/Ors of these corporaflons, and of 8 Power of Attorney Issued pt.tf'Suant Ihtlt!itoi are true Gnd OOfTect, and-that bath the fJ'y-laws, the Resolution and lite POWOf of Altomey are still 10 full force and effecl IN WITNeSS WHEREOF,. have hereunto eet my hand and, affixed 'Ute facsImile seal of saId corporation !hIs 5 day of NOVEMBER , 2007 ~~~~ srePHANIE DALEY-WATSOH,SECIlETARY S~97~ItlS ~IOS Sa(ecof.) anri fie Sa(eoo logo an! feg'!$teAld Ir.ldemarb of Safeco C<Kpomion. WEB POF ~lnsurance SAFECO INSURANCE COMPANY OF AMERICA FINANCIAL STATEMENT - DECEMBER 31, 1006 Assets Cash and Bank Deposits ........................................ S 86,659;m 'Bonds - U.S GovernmenL.............................. ..........134,111,814 'Other Bonds..........................................,............ 1,811,326,707 'Stoeks ....... ....................... ...... ....... ................ ......... 513 .881,548 Rea! Estate..................................................................... 0 Agents' Balances or UocoUected Premiums.._.._._...... 626.775$02 Accrued Interest and Rents _.................._.............__ Other A dmitted Assets......... .............................. .... 40,188,467 189.094,036 Total Admitted Assets ....____...__.___.__.._ S'4!i?1 ,n~R 149 "/ 'J 1"> Lt',hilt'ties I. , 'j' ...l." ';"._ ",,,'. Unearned Premiums.............................................. S 706,&85,899 Reserve for Claims and Claims Expense ...................1.563,140,516 Funds Held Under Reinsurance Trea6es.._........h. 139,204 Reserve for Divi&nds to Policyholders......................... 2,116,676 AdditiorW Sututory Reserve ._._._._..._....._.......... RestIVe for Commissions, Taxes and Other Liabilities ..................._....._............... 1.094.254.631 Total___.___.__....._.._...__.___.____.___ 13,366,636.916 Special Surplus Funds...... S (504.853) Capita! Stoek................................ 5,000,000 P.::.id in SUa111us...._.........__..m.........260,561,321 Unassigned Surplus................... 890.344955 Surplus to Policyholdtt's __'"___''''''''_''' 1.155.401.423 Total Liabilities and SW'plus-....._........................ f4.~?? O:tR :\49 . \\i ,1<, t - ~-_~I~: ~ I , + Bonds ace stated at amortized orinvestrnent value; Stoeks at Association Marleet Values. Secwities cacried at $124,43-IA57 ate deposited as required by law. l,. TIM MIKOLAJEWSKI, Senior Vice-Pcesid"ent of SAFECO Insurance Oompany of America.. do hereby certify that -the foregolog is a true, and correct statement of the Assets and Liabilities ofnid Cotpotation, as of Doccmbcf' 31, 2006, to the best orrny Jcnowtcdgc and, belief. IN WllNESS WHEREOF, I have hcccunto $et my hand and allixed the .ea! of said COlpol11Uon at Scollle, Wadungton, this 1st day of March, 20Cl7. &-1262~3f07 \JJ)\~~~0.~ Senior Vice-President - ." e ^ reg.sterea trademal1< ((GAFECO"Corporatlon 10ft f,_ i.~ EXHIBIT A PUBLIC PERFORMANCE BOND Collier County Chiller Plant Renovations Bond No. 6518555 Contract No. 07-4182 KNOW ALL MEN BY THESE PRESENTS: That KRAFT CONSTRUCTION COMPANY, INC. 3520 Kraft Road, Naples, FL 34105 , as Principal, and SAFECO INSURANCE COMPANY OF AMERICA as Surety, located at 2055 Sugarloaf Circle, Duluth, GA 30097 (Business Address) are held Collier County Government, 3301 Tamiami Trail, Naples, FL 34112 and firmly bound to , as Obligee in the sum of ONE MILLION SEVEN HUNDRED THIRTY NINE THOUSAND AND 00/100 DOLLARS ($ 1,739,000.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 2006, with Obligee day of for Collier County Chiller Plant Renovation Contract No. 07-4182 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract .or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees .that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, .or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. Construction Document - Manual, Revised 7-2007 GC-CA-A-4 10G ~ ~ " . ~ ~ This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 5 day of NOVEMBER, 2007 ., ~6, the name of each party being affixed and these presents duly signed by. its undersigned representative, pursuant to authority of its governing body. PRINCIPAL __ ~A 0/0- Witness(~s as to Principal ~~::t~cw;:s NAME: ITS: ~1M.M e. iJ,)\t..(.,;aw...s. \C;)(..e-z.. '\}\'U! f"1le$\'O&>1_ STATE OF COUNTY OF ~\ or,' d.o.. . ColI,"er The foregoing instrument was acknowledged before me this .5::tb. day of ..1lIo"eO\ber ,2006, by 'noMQ" \A)\llia..mS , as !;.)(;.e(I. V"CP (>r~iden+ . of ~roA (loflstr"UC'tio-n r>""jln<>., a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did did not) take an oath. My Commission Expires: ".. '. Notary Public State of Floride R....J"<r Ashley Wellece ;,.~. ~ My Commission DD650750 ." OF ,,<~ :::P!"S OS/20/2011 (AFFIX OFFICIAL SEAL) Name: M\\e'l Wallace (Legibly Printed) Notary Public, State of: Commission No.: Construction Document - Manual, Revised 7-2007 GC-CA-A-5 10 61"1 ATTEST: SURETY: SAFECO INSURANCE COMPANY OF AMERICA (Printed Name) 2055 Sugarloaf Circle Duluth, GA 30097 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) _n101t~ JGtL- OR ~ viA 6!- It. fA C\{jVl k." As Attorney in Fad / (Attach Power of Attorney) ~,ULl CatdfLLL- Witnesses GERARD S. MACHOLZ (Printed Name) RICHARD F. FERRUCCI & ASSOCIATES, LLC 1001 Franklin Avenue Suite 208 Garden City, New York 11530 (Business Address) CpyNTERSIGNED BY FLORIDA RESIDENT AGENT Vd~'~ ________'=--'_ --,. ___.._.__$________________________________. PETER F, JO E 516414-11900 (Telephone Number) STATE OF NEW YORK COUNTY OF NASSAU The foregoing instrument was acknowledged before me this ~ day of NOVEMBER,2007 , lOOalil, by GERARD S. MACHOLZ , as ATTORNEY.IN-FACT of SAFECO INSURANCE COMPANY OF AMERICA , a Seattle Washington Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. My Commission Expires: r::::J.. f<JJ\..M ~ A r,_ . ' P ~ (~nature) _/ V9~~ JEANNE GARGUILO tloIoty Public. St... of Now_ No. 01GAe112528 Qualified In Nassau CountJ. _ _ 0 Comm_n Explroo July I,~. Name: JEANNE GARGUILO (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: NEW YORK Commission No.: 01GA6112526 Construction Document - Manual, Revised 7-2007 GC-CA-A-6 1If.lt POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA9B185 10 G KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and Washington corporation, does each hereby appoinl No. 13188 GENERAL INSURANCE COMPANY OF AMERICA, each a .....-........-RICHARD G. A VERY; THOMAS BEAN; KAREN BOWLING; MARY ALICE J. CORBETT; SUSAN LUPSKI; GERARD S. MACHOLZ; CAMILLE MAITLAND; ROBERTT. PEARSON; RITA SAGISTANO; Garden City, New York; KATHLEEN M. CRISTIANO; JOSEPH DOBKOWSKI, JR.; ADRIANNE SCALERA; Mountainside, New Jersey**"........ its true and lawful attomey(sHnw(act, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the COUrse of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of August 2006 ~~~ STEPHANIE DALEY.WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract lrom the By-Laws 01 SAFECO INSURANCE COMpANY QF AMERICA and 01 GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the PresldenL any Vice PresldenL the SecretaI)', and any Assistant Vice President appointed for that purpose by the officer In charge of. surety operations, shall each have authority to appoint Individuals as attomeys..Jn-ract or under oUlar appropriate titles with, authority fD execute on behalf of the company fide(lty and surety bonds and other documents of similar character Issued by the company In the course of Its business... On any InsCnlment maklng or evidencing such appointment, the sIgnatures may be aftlxed by facsimile. On any Instrument conferring such authority or ,on any bond or undertaking of the company. the' seal, or a faCSImile thereot; may be Impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessBf)' to the validIty of any such Instrument or undertaklng.- Extract from a Resolution 01 the Boaid 01 Dlreotol1l 01 SAFECO INSURANCE COMPANY OF AMERICA ' and 01 GENERAL INSURANCE COMPANY OF AMERICAadopfed July 28, 1878, "On any: ~rtificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V. Secticn 1~0lthe By-laws, and (II) A copy of. the power-of..attomey appoIntment, executed pursuant thereto, and ~II) C~fylng that said power-<JI"ttomey appointment Is In full force and elfe.~ lite sIgnature of the certifylng officer may be by facsImile, and the seal 01 the Company may be a facsImile thereol.' I~ staphanle Daley-Watson . Secrelaty 01 SAFECO INSURANCe COMPANY OF AMERICA and 01 GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify !hat Ute loregolng emots of th" By-Laws and of a Resolution 01 the Board of Directol1l of these corporations, and of B Power of Attorney Issued pursuant thereto; are we qnd correct, and-that both the B'y.laws, the Resolution ' and Ute Po_ol Attorney are sUl11n full foroe andelfect IN WtTNess WHEREOF, I have hereunto set my hand and- affixed 'the facsfmUe seal of said corporation. this 5 day of NOVEMBER , 2007 ~~~~ STEPHANIE DAlEY.wATSON, SECRETARY S.(J97~IOS ~ro5 Sa(e<::ofJ aM f\e Safec:o logo am regls(e"red lrademacb of Safeoo CoqiotaUan. WEB POF ~IInStfrance '" '..'0; SAFECO INSURANCE COMPANY OF AMERiCA FINANCIAL STATEMENr - DECEMBER 31, 1006 10 ..... , u Assets Cash 1Uld B1Ulk Deposits ..-.................................... $ 86,659,875 'Bonds - U.S GovernrnenL............................. ..........134,111,814 'Other Bonds ....... ..- ......... ....... .......... ...." ....... ... .... 2,811,326,707 'Stoeks .. ............................ .._....... _. .._............_ ..... 523 ,881,548 Real Estate...................._............_.........._..................... 0 Agents' Balances or UncoUected Premiwns..___..__.... 626,775,902 Accrued Interest and Rents ___................................ Other Admitted Assets..._.._.n.._....... _....... ..... _.... 40,188,467 289.094.036 Total Admitted Assets .........._...__...__...___ 14 S11.n~R 3.49 Liabilities Unearned Premiums........................................_.... S 706,885,899 Reserve for Claims and Claims Expense ...................1.563,240,516 Funds Hel"d Under- Reins.urance .Treaties...._.......... 139,204 Reserve for Dividends to Policyholders................._...... 2,116,676 Additional Statutory Reserve._................._.......... Reserve for Commissions, Taxes lll1d Other Liabilities ....................._..._............... 1.094.254.631 Total___.___.___.____.___.___.____.___ $3,366,636,916 Special Surplus Funds...... S (504.853) Capital Stock........._..................... 5,000,000 P::.id in Stuplus..............._....u.........260.561,321 UrulSsigned Surplus................... 890.344955 Surplus to PoUcyholdtt'.t .._.____._.._.__. 1.1SSAOl.423 Total Llabllities and Surplus..._...__..._........._.. ~4~?1 n~R :t4q * Bonds arc stated at amorti.zed or invc:rtmc:nt value; Stocks at Association Muket Valucs. Secutities carried at $124,431A57 ate deposited as r-equired by la.w. ~ TIM MIKOLAJEWSKI, Senior Vice..Prcsid"ent of SAF.ECQ Insurance Company of America, do hereby certify that the foregoing is a: true, and correct statement of the Assets and liabilities of said CorporalioD, as of Dcc:c:mbc:r 31. 2006, to the best of my knowledge and belief. IN Wl'lNESS WHERllOF, I have hereunto $et my h1Uld and alfu;ed the seal of said COlJloration at Seattle, Washington, this 1st day or M:arch, 2007. s.1262a3f()7 .:I1ID~~~~ SeniorVice~Presldeat e ^ regslered trademarf< rt:GAFeco" Col'para<<oo -----, CERTIFICATE OF LIABILITY INSURANCE 10 ,) ACOROS J DA.TE (MM/DO/YYY'T') ~ 11/09/2007 I PRODUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION menbaum-Harber Company, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR t'0 Box 33269 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Beach Gardens, FL 33420 561-799-1337 INSURERS AFFOROING COVERAGE NAIC# INSURED INSURER A: Old Republic Insurance Company Kraft Construction Company, Inc. INSURER B' 3520 Kraft Road INSURER c' Naples, FL 341 05 INSURER D I INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTA INSRD TYPE OF INSURANCE POLICY NUMBER D~ITJMM/DDrYYl~ DATE (MMIDD/YV) LIMITS A GENERAL LIABILITY A2CG41 040705 06/01/2007 06/01/200B EACH OCCURRENCE $ 2,000,000 0.- COMMERCIAL GENERAL LIABILITY ~~~~~%J9E~~~J~r~nce) I 100,000 D CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,000 B" PERSONAL & ADV INJURY $ 2,000,000 GENERALAGGAEGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 n POLICY IV'1 PROJECT n lOC A AUTOMOBILE LIABILITY A2CA41040705 06/01/2007 06/01/2008 COMBINED SINGLE LIMIT $ 1,000,000 ..; ANY AUTO (Eaaccidenl) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) ..; HIRED AUTOS BODILY INJURY $ ..; NON-OWNED AUTOS (Peraccidenl) PROPERTY DAMAGE I (Pereccident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY' AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE I P OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND A2CW41 040704 06/01/2007 06/01/2008 ./1 TORY lIMIT-S rl ER- EMPLOYERS' LIABILITY ANY PAOPRIETOR/PARTNERfEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICEA/MEMBER EXCLUDED? EL. DISEASE. EAEMPLDYEE $ 1,000,000 ~~~21~tS~~b~Jj~1~~s below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER .... -..-, , RE: Collier County Government Center Chiller Plant Renovation (C07036). Contractor's General Liability coverage shall be primary to any similar coverage carried by the Owner and name Collier County, Fl as an Additional Insured as to the operations of Contractor under thJs Agreement and shall contain a severability of interests provision. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Board of County Commissioners of Collier County 3301 East Tamiami Trail Naples, FL 34112 DATE THEREOF, THE ISSUING INSURER WIll. ENDEAVOR TO MAIL 30 DAYS WRITTEN ACORD 25 (2001/08) R NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 10 G IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of I nsurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25 (2001/0S) POLICY NUMBER: A-2CG.410407.05 10 G COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the fallowing; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatio~~ Locatiol1(& Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule. but only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in whole or in part. by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your be- half; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. CG20 10 07 04 B. With respect to the insurance afforded to these addi- tional insureds, the following additional exclusions ap- ply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials. parts or equipment furnished in connection with such work, on the proj- ect (other than service, maintenance or repairs) to be performed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing op- erations for a principai as a part of the same proj. ect. @ISO Properties, Inc., 2004 Page 1 of1 10 G ." (10.93) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 2404 10 93 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the Inception date of the policy unless another date is indicated below, Endorsement effective Policy No, 06101/07 12:01 A.M. standard time A-2CG-41 0407-05 Named Insured KRAFT CONSTRUCTION CO.. INC, Countersigned by (Authonzed RepresentatIVe) SCHEDULE Name of Person or Organization: WHERE REQUIRED BY WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable 10 this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV. COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Copyright, Insurance Services Office, Inc., 1992 lOG EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of .- II insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. ') Should at any time the Contractor not maintain the insurance coverage's required herein, the 0wner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 10 G "--,:overage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Jwner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, 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 provisions. ,..- 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must expressly state that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ~ Yes 0 No ~'1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the ~ontractor during the term of this Agreement for all employees engaged in the work under this GC-CA-B.2 10 S -\greement in accordance with the laws of the State of Florida. The amounts of such insurance shall ,ot be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. o Applicable ~ Not Applicable ......(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the fork. o Applicable ~ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ~ Yes 0 No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury GC-CA-B-3 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 50,000 $ 500,000 $ 500,000 $ 500,000 .-- Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage x General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage 10 G $ 500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided '-'nder the following: Commercial General Liability Coverage Part. The General Aggregate Limit ..Jnder LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. D Applicable ~Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. D Applicable ~ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial '-"ontract Amount as well as subsequent modifications thereto for the entire Work at the site on a -"placement cost basis without voluntary deductibles. Such property insurance shall be maintained, GC-CA-B-4 lOG -'nless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons ,nd entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. '-''1) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and .,laintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? ~ Yes 0 No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, __maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 GC.CA-B-5 10'('" ~ ~, L\ -'( Bodily Injury & Property Damage - $1,000,000 Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-6 1 0 G~' I"t'f EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 2006 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid, (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2006, by ,- ~ ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) _(AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Construction Document- Manual, Revised 7-2007 GC-CA-C-1 1 a G ' "~,, , EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No, (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: = Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Retainage @ 10% thru[insert date] $ Retainage @ _0/0 after [insert date] $ % % Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work, By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Construction Document - Manual, Revised 7.2007 GC-CA-D-1 I I ~!~ zit- ~I~ "," w" ll..'O '0 -. -- , ale IW,w w ...III-, I- c('wiD:: c( l- ...l:00 o ll..11- , l-:::;;;cnO O! 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' 1 1 1 I 1 i I 10 f"' U N o J: o U (9 .... o o N ~ U W o , w '" rn ~ c '" 2 I 0: w E B o o c o U 2 ;;; c o () 10 G EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No,: FROM: Collier County Government Construction Agreement Dated: Date: Change Order Description Original Agreement Amount ,.. ......,..,..........,.. ............. Sum of previous Change Orders Amount ,............ ......,.... This Change Order Amount ..,........ ........................ Revised Agreement Amount. ..,.............. ,.....,..... .........,..... .....$ ....$ ...$ ........$ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department GC-CA-E-3 ,,- Authorized by Director (For use by Owner: Fund Number: ) Cost Center: Date: Object Code: GC-CA-E-4 'i' Jt Project 10 G EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, Design Professional's Project No, PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, Construction Document - Manual, Revised 7-2007 GC-CA-F-1 lOG r." 1lI The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents, Executed by Design Professional on ,2006 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2006 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2006 OWNER By: Type Name and Title Construction Document - Manual, Revised 7-2007 GC-CA-F-2 10 G EXHIBIT G FINAL PAYMENT CHECKLIST Bid No,: Contractor: Project No,: Date: ,2006 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents, Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days, Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days, YES NO 1, All Punch List items completed on 2, Warranties and Guarantees assigned to Owner (attach to this form), 3, Effective date of General one year warranty from Contractor is: 4, 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form), 5, As-Built drawings obtained and dated: 6, Owner personnel trained on system and equipment operation, 7, Certificate of Occupancy No,: issued on (attach to this form), 8, Certificate of Substantial Completion issued on 9, Final Payment Application and Affidavits received from Contractor on: 10, Consent of Surety received on 11, Operating Department personnel notified Project is in operating phase, 12, All Spare Parts or Special Tools provided to Owner: 13, Finished Floor Elevation Certificate provided to Owner: 14, Other If any of the above is not applicable, indicate by N/A If NO is checked for any of the above, attach explanation, Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) Construction Document- Manual, Revised 7-2007 GC-CA-G-1 By Design Professional: By Owner: lOG \,,, (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) Construction Document - Manual, Revised 7 ~2007 GC-CA-G-2 10 G EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1,1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for, When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning, Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein, 1,2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work, 1,3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings, Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager, Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents, 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2,3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: Construction Document - Manual, Revised 7~2007 GC-CA-H-1 10 G ~,~ '1',\ "I ., those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance, The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation, 2,2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2,2 as the "Utilities", Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption, Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents), 2,3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions, Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work, If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons, Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice, If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties, Construction Document - Manual, Revised 7-2007 GC-CA-H-2 lOG 3. SCHEDULE. 3,1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"), The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time, The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3,2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below, The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3,3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a,m, to 7:00 p,m" Monday through Saturday, No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4,1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D, 4,2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order, Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds, Construction Document - Manual, Revised 7-2007 GC-CA-H-3 lOG 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction, Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional), After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218,735 F,S" the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F,S, and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively, In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved, 4,5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less, Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule, Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy, 4,6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work, Construction Document - Manual, Revised 7-2007 GC-CA-H-4 lOG 4,7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4,8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule, Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time, No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule, 4,9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable, 5. PAYMENTS WITHHELD. 5,1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents, The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor, Construction Document - Manual, Revised 7-2007 GC-CA-H-5 , lOG ."1 '''',' '" ~l .. , , 5,2 If any conditions described in 5,1, are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense, Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218,735, F,S, and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20,1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G, 6,2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection, 7. SUBMITTALS AND SUBSTITUTIONS. 7,1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples, Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7,2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required, Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named, Requests for review of Construction Document - Manual, Revised 7-2007 GC-CA-H-6 10 G substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor, 7,3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified, The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty, All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated, The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute, The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute, 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents, The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7,5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing, The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute, The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby, Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute, Construction Document - Manual, Revised 7-2007 GC-CA-H-7 10 G 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8,1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8,1,1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8,1.2 8,1,3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8,1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8,1,5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8,1,6 Description of Work being performed at the Project site; 8,1,7 Any unusual or special occurrences at the Project site; 8,1,8 Materials received at the Project site; 8,1,9 A list of all visitors to the Project 8,1,10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents, 8,2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction, The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services, All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e,g, interior or exterior wall Construction Document - Manual, Revised 7-2007 GC-CA-H-8 10 ,. faces), The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference, Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8,3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours, 9. CONTRACT TIME AND TIME EXTENSIONS. 9,1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor, Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12,2, herein, 9,2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension, 9,3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay, Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision, This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion, Construction Document - Manual, Revised 7-2007 GC-CA-H-9 10 G 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10,1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work, Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items, Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes, Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had, 10,4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%), All compensation due Contractor and any Subcontractor or Construction Document - Manual, Revised 7-2007 GC-CA-H-10 10 G sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item, 10,5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change, 10,6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents, Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11,1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents, The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents, The responsibility to substantiate a Claim shall rest with the party making the Claim, 11,2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim, Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim, Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11,3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing, Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim, 12. OTHER WORK. 12,1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts, If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work, If Contractor believes that such performance will involve additional expense to Contractor Construction Document - Manual, Revised 7-2007 GC-CA-H-11 10 " ; u or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work, If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12,2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs, Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work, Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected, The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors, 12,3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results, Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work, 13. INDEMNIFICATION AND INSURANCE. 13,1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13,2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party, The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party Construction Document - Manual, Revised 7-2007 GC-CA-H-12 lOG for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations, 13,3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B, 14. COMPLIANCE WITH LAWS. 14,1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing, To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15,1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work, At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15,2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work, Subject to the Section 2,3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work, 16. ASSIGNMENT. 16,1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void, If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be Construction Document - Manual, Revised 7-2007 GC-CA-H-13 lOG ,- bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17,1 Pursuant to Section 218,80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s), Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits, 17,2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17,3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18,1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents, 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion Construction Document - Manual, Revised 7.2007 GC-CA-H-14 10 G r'~ . of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose, 18,3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed, All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid, If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18,5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below, 18,6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written Construction Document - Manual, Revised 7"2007 GC-CA-H-15 10 G notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19,1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed, 19,2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension, If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents, In no event shall the Contractor be entitled to any additional compensation or damages, Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension, 20. COMPLETION. 20,1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete, Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion, If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20,2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if Construction Document- Manual, Revised 7w2007 GC-CA-H-16 lOG ffi.. ~ they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner, Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations, Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable, 21. WARRANTY. 21,1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents, If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense, These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law, 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection, Failure of the Contractor to correct Construction Document - Manual, Revised 7-2007 GC-CA-H-17 10G ,- the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing, Contractor shall provide proper, safe conditions for such access, Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals, 22,2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22,3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation, Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice, If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22,5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work, Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays, 22,6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents, Construction Document - Manual, Revised 7.2007 GC-CA-H-18 10 G OJ'. , ... " 23. DEFECTIVE WORK. 23,1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work, If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work, Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same, 23,2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, 23,3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated, The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person, 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work, If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work, Construction Document - Manual, Revised 7-2007 GC-CA-H-19 10 G ~'1 r,'" i", '.l~_' :. :~.,~ _::"} , 23,5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency, Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency, To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere, Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph, All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work, Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder, 24. SUPERVISION AND SUPERINTENDENTS. 24,1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents, Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents, Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances, The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24,2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Construction Document - Manual, Revised 7~2007 GC-CA-H-20 lOG Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.8, for services not rendered, 25. PROTECTION OF WORK. 25,1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor, 25,2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25,3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith, 26. EMERGENCIES. 26,1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss, Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby, If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations, If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time, Construction Document - Manual, Revised 7-2007 GC-CA-H-21 10 n b 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work, 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1,1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28,1,2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28,1,3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents, 28,2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss, Contractor shall erect and maintain all necessary safeguards for such safety and protection, Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property, Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred, 28,3, Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents, This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property, All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such Construction Document - Manual, Revised 7-2007 GC-CA-H-22 lOG substances while on any Owner property, Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind, 28,5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28,5,1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28,5,2 All Employees shall be provided an identification badge by Contractor, Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times, All Employees working at the Project site must log in and out with the Contractor each day; 28,5,3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28,5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28,5,5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site, Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28,5,6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28,5,7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28,5,8 The Employees may not solicit, distribute or sell products while on Owner's property, Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28,5,9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time, 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to Construction Document - Manual, Revised 7-2007 GC-CA-H-23 10 "-', ~ "'J \'..~ discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference, Copies are available through Risk Management and/or Purchasing Departments, and are available on-line at colliergov,net/purchasing, The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements, Strict adherence to the requirements of the Maintenance of Traffic ("MOr) policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page, If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award, 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32,1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32,2 below: 32,2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment Construction Document - Manual, Revised 7-2007 GC-CA-H-24 lOG included in the Work ("Direct Purchase"), Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes, A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases, Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner, 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes, 33. SUBCONTRACTS 33,1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs, 33,2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. Construction Document - Manual, Revised 7-2007 GC-CA-H-25 10 G ':';~"" It. I"~ , ., ,j All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance, 33,3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work, Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work, 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to, Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses, All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound, Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors, ,- 33,5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e,g" general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work, The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two Construction Document - Manual, Revised 7-2007 GC-CA-H-26 lOG years within the last five years, The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work, 33,6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33,6,1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33,6,2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33,6,3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation, Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33,6 into their sub-subcontracts and purchase orders, 33,6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims, 34. CONSTRUCTION SERVICES 34,1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1,1 34.12 34,1,3 34 1 .4 34,1,5 34,1.6 34,1,7 34,1,8 34,1,9 34.1,10 34,1,11 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Construction Document - Manual, Revised 7-2007 GC-CA-H-27 34.1,12 34,1,13 34,1.14 34,1,15 34,1,16 34,1,17 34,1,18 34,1,19 34,1,20 34,1,21 34.1.22 34.1.23 34.1,24 34,1,25 34,1.26 34,1,27 34,1,28 34.1,29 34.1,30 34.1,31 34,1.32 10 G Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PM IS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying, 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term, Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee, Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued, Construction Document- Manual, Revised 7-2007 GC-CA-H-28 "-_.~-'_.~",----_.- TPA#1953633,11 lOG EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GC-CA-I-1 10 G EXHIBIT J TECHNICAL SPECIFICATIONS TPA#1953633,11 GC-CA-J-1 10~ EXHIBIT K PERMITS TPA#1953633.11 GC-CA-K-1 10 G . If EXHIBIT L STANDARD DETAILS TPA#1953633,11 GC-CA-L-1 lOG EXHIBIT M PLANS AND SPECIFICATIONS TPA#195363311 GC-CA-M-1 10 G l' EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT TPA#1953633,11 GC-CA-N-1 a IX: o o W IX: o~ 1-< mIX: -w J:I- ><< w::!: a w IX: o l- (/) "" ~ o U Ol Il:: '" ii .;: Ol - .. :E "" Ol ~ o - (/l 1" ~ 0 ! ,- f- Ol= uu uS c '" .. c ii- Ell "" "" 0 I & ';: = Ol 0 se.. , '" '" c ,- _.c , f- >. -"" I ~ oS!! II 0- .- .. I >- Ol '" i I ~ c I e..- , I , "" I "" 0 Ol ,- > ~ I .- Ol (() Ole.. I I u CI) .!!l Il::.c ! f- ! , ~"" '" Ol ::l > I <{ o .- I .- Ol > U Ol Ol c:ll:: Ol ~ u Ol ._ .0 0 E , > , C ::l ! , -z I , I ! , , , ~ ,!!! i ~ I ::l (/l , i , i I , ! ! I i i , i c I 0 I I ]. I , I ~ u ! , '" Ol , C , I i I ! ! Ol i - I .. c i I LL I ..L__~_ ei '" <D '" on '" .. <: 0. f- uu I o II (() + <{ lJ1 :J E f- a LJ.. ~ 6 J: II <..l l'J I 10H RESOLUTION NO. 2007-290 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $7,975,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF AN EMERGENCY SERVICES CENTER, INCLUDING THE REIMBURSEMENT OF CERTAIN COSTS INCURRED BY THE COUNTY IN CONNECTION THEREWITH,; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. / 10H ~ . "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex-otlicio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Manager" means the County Manager of the County or his designee and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (I) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement in accordance with Article III thereof. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A-37" means the Loan designated as "Loan No. A-37" the proceeds of which shall be used to finance a portion of the costs of Project A-37. "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit I to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. 2 lOH "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes atTecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A-37" means the costs and expenses relating to the acqUlsltlOn and construction of an Emergency Services Center, as more particularly set forth in the plans and specifications on tile or to be on file with the County and as the same may be amended or modified from time to time. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution IS adopted pursuant to the provisions of the Act. SECTION 3. declared that: FINDINGS. It IS hereby ascertained, determined and (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the 3 ION County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements, including Project A- 37. (D) The County desires to borrow an amount not to exceed $7,975,000 in order to finance a portion of the acquisition and construction of Project A-37. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A-37 pursuant to the terms of the Loan Agreement and the financing of Project A-37 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (F) Loan No. A-37 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (G) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-37, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A-37 in the aggregate amount of not exceeding $7,975,000 for the purpose of providing the County with sufficient funds to finance, refinance or reimburse the costs of Project A-37. The Chairman and the Clerk are hereby authorized to execute, seal and 4 IOH j deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-37 shall ret1ect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The County Manager shall determine the date or dates of funding of Loan No. A-37 in accordance with the terms of the Loan Agreement. The Loan shall mature on such date as the County Manager may determine prior to the issuance of the Loan Note for Loan No. A-37; provided, however, the final maturity of the Loan may not be later than the expiration date of the Letter of Credit (as defined in the Loan Agreement) at the time of the Draw. Loan No. A-37 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. Loan No. A-37 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A-37 shall be 30 basis points or such other amount as Wachovia Bank and the County Manager shall agree. SECTION 5. AUTHORIZA TION OF PROJECT A-37. The County does hereby authorize the acquisition of Project A-37 and the reimbursement of any costs incurred by the County with respect to Project A-37 within the prior 60 days that are approved by bond counsel to the Program. SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A-37 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A-37 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the making of the Loan by the Commission, this Resolution shall be deemed to be and shall constitute a contract between (i) the County and (ii) the Commission and its successors and assigns (the Commission and its successors and assigns hereinafter referred to as the "Lender"). The pledge and agreements of the County herein set forth shall be for the benefit, protection and security of the Lender. SECTION 8. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to 5 10H be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 9. SEVERABILITY, If anyone or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof SECTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such cont1ict. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 9th day of October, 2007. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) ;~I:H c~n By: ATTEST: Dwight E. Brock, Clerk ,. ,,.,, r;",' ", un;.,.ietl\. .....' ~ .; --..--~'"- , APP~~I;~RMAND LEG.;\L "sUFEJCIF,;N~X': ~ " . - . '~, ,f" ~', '" '.., David C. Weigel County Attorney Item # J..OjX ~~~;da JD-q-o Date O_'\J-AC Rec'd ~u C 6 'IJ/;'IV' 1.0 I 'j ! /~J li"'r"';f ',)n \'i ITEM NO.: DATE RECEIVED: '):lili "'. r 16 :~-': 21 FILE NO.: ROUTED TO: 07-fJRC- 00769 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 16, 2007 From: Robert Zachary Assistant County Attorney Lyn M. Wood, C.P.M. if Contract Specialist (}{/fy---- 252-2667 U To: Re: Contract Amendment #1, Exhibit #A-l, for Contract #07-4092 "SAP Upgrade Project" Contractor: Labyrinth Solutions, Inc. d/b/a LSI Consulting BACKGROUND OF REQUEST: This contract was approved by the BCC on October 9, 2007; Agenda Item 10.1 This item has not been previously submitted. ACTION REQUESTED: Contract amendment review and approval. OTHER COMMENTS: This amendment (Statement of Understanding) is allowed under the present contract. Please let me know if you need a copy of the contract. After approval, please forward to the Chairman ofthe BCC for signature. If there are any questions concerning the document, please contact me. Thank you. c c {2IVZ- to-11-67 EXHIBIT A-I Contract Amendment #1 "SAP Upgrade Project" 10 I i ;"1 j "J This amendment, dated October 9, 2007 to the referenced agreement shall be by and between the parties to the original Agreement, Labyrinth Solutions, Inc., d/b/a LSI Consulting (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 07-4092 - "SAP Upgrade Project" The following language shall be added to the second paragraph in item 2, Statement of Work: Additional services will be acquired through the use of a purchase order and a proposal from the Consultant Purchase orders for additional services in excess of two hundred thousand dollars ($200,000.00) will require the approval of the Board of County Commissioners. Changes to Board approved purchase orders in excess of ten percent (10%) will be returned to the Board for approvaL All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date( s) indicated below. Accepted: October, lOth ,2007 CONSULT ANT: LABYRINTH SOLUTIONS, INC. d/b/a LSI CONSULTING BY:<~~ Stephen M. Smith Type Name of Signatory ATTEST: OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FL RillA Dwight E. Brock, Clerk By: Approved as to form and Legal su ,.....----, c~ ';':' .'," , ~ "<-', ',~, By:...,....'; DWl%h\f. SrOCk.... ". Clei1\.,ofJI~J2ircuit CS"rt Atte$t;".~"t.o Chl'lr-.an .llilllatri:OIH i 10M ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Baanl has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the execotion of the Chairman's signature, draw a line throuP'h routing lines #1 through #4, comnlete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the ex.ecutive summary. Primary contact information is needed in the evmt one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chaimlan's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Dave Jaye, Project Manager Phone Number 239-252-7620 Contact Agenda Date Item was Agenda Item Number 16C3 / Aooroved bv the BCC ~/JOf'1 Type of Document School Beverage Container Recycling Number of Original Two Attached Challenge Documents Attached FY 07/08 Innovative Recycling Grant I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark .'N/A.. in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions. etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have heen initialed by the County Attorney.s Office and all other arties exce t the Bec Chairman and the Clerk to the Board The Chairman's signature line date has heen entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman.s si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved hy the BCC on_l0-09-07 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A(Not A licable) ]>S 2. ");). " :f 1).5 'j)-:J 3. 4. 5. 6. I: Forms! County Forms! Bee Fomls! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 10M ITEM NO.: FILE NO.: ROUTED TO: DATE RECEIVED '..., \,,1, ,I 1,- ;' I-T II , TT '-'1- ~., . "I\JI", 1 ' n, i :"1"" I!'" . ,', I \ I 0'7 ;5J)/I/ ~ ()aJ37 Z~B7 M', - 2 REQUEST FOR LEGAL SERVICES GRANT ITEM - TIME SENSITIVE AM:,: I.; 9 DATE: July 31, 2007 ~c 1C/ ~r'J?J? ~.; ) UC\ IL ~; '1 , . 6 ~ /.' , ')'6 , TO: Tom Palmer, Assistant County Attorney Robert Zachary, Assistant County Attorney Kay Nell, Certified Legal Assistant FROM: Marlene Foord, Grant Coordinator, 774-8971 Dave Jave , Senior Project Manager, 239-252-7620 Name of project manager, Title, Phone Number RE: Review of Grant Application - School Beverage Container Recycling Challenge, Florida Department of Environmental Protection FY 07-FY 08 Innovation Grant BACKGROUND OF REQUEST: The attached grant includes documents that require the signature of the Chairman of the BCC. The grant is scheduled for BCC approval on September 25, 2007 This item HAS I AS NO been previously submitted under RLS # (erR E ONE) ATTACHMENTS: Include the executive suml1Ulry, grant application (even if in draft form, but make sure all pages that require signature are FINAL), transmittal letter if applicable, and all other documents requiring the Chairman's signature or that require other legal review, Be sure to add a SIGN HERE sticker to each document that needs signature. I. Grant Application ACTION REQUESTED: Please provide legal review of the attached School Beverage Container Recycling Challenge, Florida Department of Environmental Protection FY 07-FY 08 Innovation Grant. DOCUMENTS THAT REQUIRE BCC CHAIRMAN'S SIGNATURE: (explain any specific instructions or requirements). I. Grant Application COMMENTS: This item is scheduled for the September 25, 2007 Board Meeting. Tom Palmer, Assistant County Attorney will be added as an Approver for this item in Novus. Original documents will be delivered by Dave Jave. Senior Proiect Manager 10M Florida Department of Environmental Protection Charlie Crist GO\il.:rTll)!' ~--------~~~--- -~ -~ Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 .lefT Kottkamp f.t. Governor \licha~j \V. Sole Sccn:tar:;. June 20, 2007 David Jaye Senior Project Manager 3301 Tamiarni Trail East. Building H. Naples, Florida 34112 Re: 2007-2008 Innovative Waste Reduction and Recycling Grant Agreement Dear David, Enclosed is the 2007-2008 Innovative Grant Agreement. Please have both copies signed by your authorized representative and return one copy to the address below. The second copy is for your records. Please return the grant agreement with all attachments. Thanks for your cooperation and we look forward to working with you. Return to: John Labie 2600 Blair Stone Road, MS 4565 Bob Martinez Center Tallahassee, Florida 32399-2400 Sincerely, ;!.1JJ John Labie , \/U/"L' !J/'n!ecf;(i1l. I"L'SS F, )L'c'ss \(\\'\1 d<!p.sfutL'jl liS 10'" IVl 2007-2008 INNOVATIVE WASTE REDUCTION AND RECYCLING GRANT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES PART I - GRANT NOTIFICATION INFORMATION 1. Grant Agreement Number: IG8-07 2. June 21,2007 3. Grant Title: INNOVATIVE WASTE REDUCTION AND RECYCLING GRANT 4. Grant Period: July 1, 2007 or Execution (whichever is later) - July 1, 2008 5. Grant Amount: $ 78,500.00 6.Grantee Match Amount: $ 97,850.00 7. CSFA # and Project Name: 37.050/lnnovative Waste Reduction and Recycling Grants 8. Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste Waste Reduction Section (MS 4570) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 245-8716 9. Grantee(s): COUNTY/CITY/SPECIAL DISTRICT- Specify by Name Grantee Agency Name: Collier County Board of Commissioners Address: 3301 TamiamiTrail East Building H Naples, Florida 34112 10. Grantee Fiscal Year End: September 30,2007 11. Federal Employer Identification Number: 59-6000558 12. Grantee's Representative Authorized to execute Agreement: Name: Jim Colletta Title: Chairman of the Collier County Board of County Commissioners Phone No.: (239) 774 8097 13. Grantee's Grant Manager: Name: Title: Address: Phone No.: Fax No.: David Jaye Senior Project Manager 3301 Tamiami Trail East, Building H Naples, Florida 34112 (239) 732 2508 (239) 774 9222 14. Department's Grant Manager: DEP Agreement No. IGS-07, Page 1 of 9 DEP 55-237 (05/07) 10 ~' · I 14. Department's Grant Manager: Phone No.: Fax No.: John Labie Environmental Specialist 2600 Blair Stone Road, MS 4565 Tallahassee, Florida 32399-2400 (850) 245 8731 (850) 245 8033 Name: Title: Address: PART II - GRANT CONDITIONS GENERAL CONDITIONS: 15. The Florida Department of Environmental Protection (hereinafter referred to as the "Department" or "DEP") does hereby enter into an Innovative Waste Reduction and Recycling Grant Agreement with Collier County Board of Commissioners (hereinafter referred to as "Grantee" or "Recipient") to conduct the project described in Attachment A - Project Work Plan, Attachment B - Grant Proposal, and Attachment C - Certification by Engineer or Other Qualified Professional, attached hereto and made a part hereof. 16. The method of payment, for the period beginning July 1, 2007 or upon Agreement execution, whichever is later, through July 1, 2008 will be on a reimbursement basis for direct costs only. All work must be completed and grant funds expended by July 1, 2008. 17 A. The Grantee shall be reimbursed quarterly on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment D, Payment Request Summary Form. In addition to the summary form, the Grantee must provide from its accounting system, a listing of expenditures made under this Agreement, as well as any appropriate contracts. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. Allowable travel expenses to be incurred are included in the amount of this Grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. The travel forms can be found at http://www.dep.statefLus/admin/forms/FinAcct formshtm. A final Payment Request Summary Form must be submitted no later than July 1, 2008. B. Five percent (5%) of each request, up to a maximum of five pecent (5%) of the total Grant amount, shall be withheld until the final report has been received and accepted by the Department. Payment Request Summary Forms must be signed by the Grantee's designated authorized representative. This should be the same person who executed the Grant Agreement. If there is a change in the authorized representative during the Grant period, the Department must be notified in writing. C. In addition to the invoicing requirements contained in the paragraph above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre- audit and post-audit thereof. State guidelines for allowable costs can be found in PEP Agreement No. IG8-07. Page 2 of 9 DEP 55-237 (05/07) 10M -1 ~fj the Department of Financial Services' Reference Guide for State Expenditures at htto://www.fldfs.com/aadir/reference%5Fouide. D. Progress reports shall be submitted quarterly, in conjunction with the Payment Request Summary Form, and shall clearly describe the activities undertaken during the reporting period, activities anticipated for the next reporting period, problems encountered, problem resolutions, a financial summary of the project (including matching and in-kind services), and any schedule updates. In addition to the progress reports required above, the Grantee shall submit the deliverables specified in Attachment A - Project Work Plan. The Grantee shall submit a final project report (as described in paragraph 18, below) no later than thirty (30) days prior to the completion date of this Agreement Upon receipt and approval of all deliverables specified herein and an invoice requesting payment, the Department will release all funds retained pursuant to paragraph 17.B. E. Quarterly reports shall be submitted to the Department's Grant Manager no later than fifteen (15) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. F. The State of Florida's performance and obligation to pay under this Grant Agreement is contingent upon an annual appropriation by the Legislature. 18. The Grantee's final report should be presented in a technical or scientific manner. It should be able to stand on its own so individuals with first time knowledge of the project might understand it The final report shall be submitted in hardcopy and MS Word or PDF electronic format and include, but not be limited to, the following information: A. An introduction briefly describing the project and the contents of the final report, which must include at least the following: 1. The background of how this project came about; 2. The objectives or goals of the project; 3. An explanation of why the project is consididered innovative; and 4. The proposed audience and date for the formal presentation about the project at an appropriate state or national workshop, and a description of any articles published or planned for publication in recognized trade journals or professional journals. B. The implementation of the project, which must include at least the following: 1. A description of equipment and/or services that were purchased and how they were utilized; 2. A description of the various elements or components and a project timeiine; 3. Problems encountered during the project and how they were resolved or addressed. C. The project results, which must include at least the following: 1. How the objectives or goals were or were not met for this project; 2. How this project demonstrated or utilized advanced technologies or processes which are not in common use on a statewide basis in jurisdictions of similar size or demographics; OEP Agreement No. IGB-07, Page 3 of 9 DEP 55-237 (05/07) 3. How this project lead to greater quantities of recovered materials and/or created a product that is more recyclable and/or marketable; 4. The transferability of the technology or processes realized from this project and how it was or will be applicable to other communities, businesses or individuals; and 5. A detailed analysis and discussion of how this project resulted in substantial improvements in recycling program cost effectiveness and efficiency as measured against statewide average costs for the same or similar programs. Include the following: a. Total dollar figures of the various elements or components of the project, including administration, equipment, operations, advertising, education and any other expenses incurred during the project; b. Project expenditures categorized for both the public and private sectors, and the sources of project funding from the county (including in-kind services) and the innovative grant; c. Tipping fees avoided as a result of waste diversion/reduction; d. How the project has collected and recycled nontraditional materials, and enhanced their marketability and availability to end markets; and e. A cost/benefit ratio for the project comparing the cost of project with the benefits that were achieved. Include any assumptions made in deriving this information. Discussion should include the following: 1. Avoided disposal of waste at area landfills using material tonnages and airspace (in cubic yards); 2. Possible impacts on conservation of natural resources; and 3. Cost per capita and per ton of specific material(s) recovered or recycled as part of this project. 19. The Grantee shall maintain accurate records of all expenditures of Grant funds and shall assure that these records are available at reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least five (5) years following the end of the Grant period. The Grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this Grant Agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 20. A In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager to request a copy of the updated information. DEP Agreement No. IG8-07, Page 4 of 9 DEP 55-237 (05/07) 10 r. . j'v'J B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations RecipientlSubrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps.fldfs.com/fsaa The Grantee should confer with its chief financiai officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 21. A. The Department has the right to terminate this Agreement and demand refund of grant funds for non-compliance with the terms or obligations of this Agreement. Such action may also result in the Department declaring the Grantee ineligible for further participation in the program until the Grantee complies with the terms of this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 22. When applicable, the Grantee shall obtain all necessary construction-related permits before initiating construction. 23. A. The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. C. The Grantee must comply with the applicable requirements of Section 287.055, F.S., when acquiring professional services (professional engineers, architects, landscape architects, and/or survey and mappers). D. The Grantee shall acquire all contractual services and/or commodities utilizing procurement methods comparable to those described in Chapter 287, F.S. PEP Agreement No. IG8-07, Page 5 of 9 DEP 55-237 (05/07) 24. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. Pursuant to section 216.347, Florida Statutes, the Grantee is prohibited from using Grant funds for the purpose of lobbying the Legislature, the judicial branch, or a State Agency. 26. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Grant Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor simiiariy to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Grant Agreement Is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 27. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 28. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 29. The Grantee covenants that it presently has no interest and shall not acquire any interest, which would confiict in any manner or degree with the performance of services required. 30. Upon satisfactory completion of this Grant Agreement, the Grantee may retain ownership of the equipment purchased under this Grant Agreement. However, the Grantee shall complete and sign a Property Reporting Form, provided as Attachment F, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. D. The Grantee shall report the inventory of the equipment, on an annual basis, no later than January 31" for each year this Agreement is in effect. DEP Agreement No. IGB-07, Page 6 of 9 DEP 55-237 (05/07) 10M E. The equipment may be leased or loaned to a private business, if necessary for this project. If leased, proceeds received from lease shail be documented and used to offset reimbursement requests made under this Agreement. F. For a period of three years foliowing the completion date of this Grant Agreement, the Grantee shali maintain ownership of all equipment purchased with funds from this Grant, shali list said equipment purchases on its property inventory, and shali assure that said equipment is used exclusively in some recycling capacity in the State of Florida. Within the above stated three-year period, the Grantee may seli the equipment for fair market vaiue provided that the proceeds of such sale are returned to the Department G. A "release of lien" for any structures built or purchased with grant funds must be provided to the Department with the final report. Any site containing state purchased equipment must provide records disclosure/access to state auditors. 31. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shail be exciuded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Grant Agreement. B. An entity or affiliate who has been piaced on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, suppiier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 32. A person or affiliate who has been placed on the convicted vendor list foliowing a conviction for a public entity crime may not perform work as a Grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 33. The Grantee shail comply with ali applicable federal, state and local rules and regulations in conducting the project funded under this Grant Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in ali subcontracts issued as a result of this Grant Agreement. 34. Land acquisition is not authorized under the terms of this Agreement. 35. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shali require formal amendment to this Agreement. DEP Agreement No. IGB-07, Page 7 of 9 DEP 55-237 (05/07) 36. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. IG8-07, Page 8 of 9 DEP 55-237 (05/07) 10M PART III . OFFER AND ACCEPTANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the Collier County Board of Commissioners for all allowable costs incurred up to and not exceeding $ 78,500.00 STAT~ 'pF FLORIDA, 9EPARTMENT OF ENVIRONMENTAL PROTECTION: 1//;/, ~~~..; (/<~,(-,? Charles F. Goddard, Chief Date Bureau of Solid & Hazardous Waste In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the Grantee, and (2) the Grantee agrees to the,.. general and special conditions of this Agreement. :'j' 1 I 1"- i! Ii ~ --"""":'1 .. (\~~ .. ,~~ (J.i:~ ~ .. Attest .Q.f." 'f U-.....!! ,'.. tr... _......... 01 11... ., 'For Agreements with governmental boards/commissions: If someone other thfln the. Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. /., '/ Date 1- 0 '/- Sig re of Authorized Representative Name: :lC\.f"'t.S C.\ Q.-\\a. TItle: C-.ha.lrM.. fI AuAl ,'\ ' DWJ8RT B. BROOI(oC!.... Please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Waste Reduction Section - M.S. # 4570 2600 Blair Stone Road Tallahassee, Florida 32399-2400 BY: List of attachments/exhibits included as part of this Agreement: Specify Tvoe Attachment Attachment Attachment Attachment Attachment Attachment Letter/ Number A B C D E F Descriotion (include number of oaoes) Project Work Plan (2 Pages) Grant Proposal (11 Pages) Certification by Engineer or Other Qualified Professional (1 Pages) Payment Request Summary Form (1 Page) Special Audit Requirements (5 Pages) Property Reporting Form (1 Page) (".qrnda (01 q \ 0"" Dale ~ Dile 10\ "f tJ7 Fkc'd ~ DEP Agreement No. IGS-07, Page 9 of 9 DEP 55-237 (05/07) .( .... = ~ e ~ c.l ~ "t: .( E '" ~ Cll C) .2 e <= a. Cll CllC/) Ol- e 0 Cll Cll - 0- m 0 J:: U OC/) Ol- e e ~~ ~ e U ,n ~ >-v oUOl O&!::: CD ~ (3 .- Cll >- -eu o .iij Cll 0_0:: 5 Cll u~ Cll m Ol> m 0 ~ e Cll e > CllClCl OO!;2 -t-- 00 i?>- uw.. 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'" ~ " ~ " ;; E M C € 8- 0. ;;: N '0 N " '" " "- E ~ ~ e "- . ~ - " " B ~ - jj il" . '" . - .. ~ o U . ~ ~ . > . '" " jj "' ~ g o U ~ ;; ~ j1 " u COLLIER COUNTY SOLID \VASTE MANAGEMENT DEPARTMENT .~ (l M ,I, ~J f~i :)301 Easl Tami;cmi TrmI' BuildingH . Naples, Florida 341 J2 0 (239) 732-2508' r,u (239) "17-+-9222 Florida Department of Environmental Protection FY 2007-08 INNOVATIVE GRANT APPLICATION FORM Proiect Information 1) Applicant Name: Collier County Solid Waste Management 2) Primary contact person: Dave Jaye, Senior Project Manager 3) Complete Address: 3301 Tamiami Trail East, Building H, Naples, Florida 34112 4) Telephone Number(s) (including SunCom number): 239-732-2508 5) E-mail address:Qavidiaye(Ll)collier~ov.net 6) Project Title: School Beverage Container Recycling Challenge Program. 7) Grant Request Amount: $78,500. 8) Length of project (months): 9 first year, then ongoing. ~>2~ ,- Authorizing Signature Chairman.. Board of County Commissioners Title . . . '," (1 .~ I: (, November 14.2006 Date ATTEST: > . . DWIGHT,E. BRQC)(, Clerk, . .~ n.,')' ':"..< . .,.', -' By: l..JlM.>\:).t: ., . ' Deputy CI, .. , ., .'. . iJ1.~t.i' . 'Ch.l1r"~, ~ i1Q..iatut''':CJll- '. . . .. .,. rm and legal sufficiency: ",./1 /..-'( er, Assistant County Attorney c o - - ~ ~. .'~~' ( ill \J i e y Co o u M 1: ,'l' 10, Attachment B Florida Department of Environmental Protection FY 2007-08 INNOV A nVE GRANT APPLICA nON FORM Proiect Information 1) Applicant Name: Collier County Solid Waste Management 2) Primary contact person: Dave Jaye, Senior Project Manager 3) Complete Address: 3301 Tamiami Trail East, Building H, Naples, Florida 34112 4) Telephone Number(s) (including SunCom number): 239-732-2508 5) E-mail address:davidiave!Wcollierf.?ov.net 6) Project Title: School Beverage Container Recycling Challenge Program. 7) Grant Request Amount: $78,500. 8) Length of project (months): 9 first year, then ongoing. Authorizing Signature Chairman. Board of County Commissioners Title November 14.2006 Date ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: By: Deputy Clerk Thomas C. Palmer, Assistant County Attorney 10M PROJECT ABSTRACT (No more than 20 lines. Every word over 20 lines will constitute a one point deduction.) (do not delete the instructions on this page) School Beverage Container Recycling Challenge This proposal uses humor, music and student competition to encourage beverage container recycling and boost paper recycling in Public Schools. The American Beverage Association produced non-royalty radio commercials including country, urban, rock and Spanish music versions. The radio ads are built around the refrain "we got plans for your bottles and cans" http://www.rccvcleitnow.nct/commercials ads.asp?menu=5 . The marketing campaign was initially launched in test markets in Pittsburgh, Pennsylvania and Hampton Roads, Virginia and increased beverage container recycling by 25% and drove up recycle rates for other materials. The 30 second TV ads are produced by college student video competition to promote recycling http://www.re3.orglflicks.htm . We propose to locate new Recycle Bins shaped like giant plastic bottles that feature the colorful Recycle logo in schools to serve as visual reminders to recycle away from home. This challenge program will spark student's natural competitiveness and creativity by creating three annual categories of competition: I. Student music-advertisement videos with recycling themes, 2. Recycling weight competition and 3. Recycling poster drawing contests. The recycling music videos, TV commercials, top building recyclers and drawing contest winners will be awarded traveling trophies awarded on National Recycling Day November 15th, 2006. Local radio & TV stations will be asked to stage promotional events and provide public service announcements. The school morning TV shows can feature the recycling commercials and contest information. Collier's web site will show recycling rates by building and contestant winners. The eye-catching logo features one letter from the labels of several highly recognizable beverages forming the word RECYCLE. We learned lessons from the three year Sarasota School recycling program. Page 2 11 flI,n, " I (I ' ~J,j PROJECT DESCRIPTION (1 page) The Collier County Board of Commissioners established a mandatory commercial recycling program which includes Collier County Schools. In 2006 Collier County gave the District School Board of Collier County a Waste Reduction award for their success in recycling paper. This project proposes to build on the partnership developed between both entities by establishing the first Florida School Beverage Container Recycling Challenge Program. The project will increase the recycling rate at schools saving the schools money and saving Collier County valuable landfill airspace, This grant will help promote the culture of recycling among Collier County school children, This school challenge program has the goal of getting all 50 Collier County Schools to increase recycling rates for beverage containers as well as paper, cafeteria and other school supplies. Some schools may participate at higher levels than others. Some students are recent immigrants who are coming from countries without a recycling culture. Some students have English and sometimes illiterate in their own language. The visual emphasis of the bottle shaped beverage container and the display ads helps build understanding, interest and excitement about recycling. The invitation to compete with other schools in producing recycling music videos TV commercials, recycling posters and recycling the most items compared to other schools will help build a school recycling culture and identity. The traveling Trophies for best Middle and High School music videos in Rock, Country, Urban and Spanish will be a generate school spirit and pride. Student submitting a recycling music video and/or environmental poster will get a certificate of participation. The recycling music video, recycling poster winners and school recycling rates will be featured in a calendar and on our County web site. We are working with Collier County Public Schools Security and Environmental Management officers and the Commercial recycler Sunshine Recycling. The plan is designed to be explained to principals, building environmental coordinators, teachers, performing arts chairs, janitors, cafeteria staff and building staff in Spring of 2007 before the grant process is completed. We will make adjustments and devise solutions to any implementation barriers Spring/Summer 2007, Our target is to have the Beverage Container recycling program ready for the first day of the school year in August 2007. Laminated posters with the American Beverage Association (ABA) recycling themes including: "cans to pans, quarts to shorts, and bottles to goggles" will inspire students about the program. Laminated posters are reusable. Schools will be urged to play the humorous ABA radio award winning commercials as part of their morning TV show programs. The videos will educate, entertain and hopefully motivate students to create their own recycling music videos, TV commercials recycling posters and compete to make their school tops in total material recycled. We will produce a brochure to explain the program for students and parents using the ABA poster display ads of kids recycling. Marketing programs that use web pages are particularly successful with students. The ABA produced an interactive website: www.rccyclcitnow.net that is educational and entertaining. Web site visitors have access to information about recycling, how to get involved and what the end products can be. Students can play interactive games and visit the recycling campaign on line. Students may get approval to earn community service credit hours necessary for High School graduation by participating in the recycling program. Some schools have formed environmental clubs. Some school ROTC clubs collect trash and recyclables at the football and other school sports events. We will seek partnerships with local Rock, Country, Urban and Spanish Radio stations and TV stations to build excitement, school competition and community awareness. We will ask radio & TV stations will donate time for recycling public service announcement that will include the student recycling music videos and recycling posters. We have proposed a modest $4,000 radio budget to help promote and build interest in the program. Page 3 10M Criteria 1: TECHNOLOGIES or PROCESSES (1 page) (do not delete the instructions on this page) (20 points) The range of scoring is between 0 and 20 points, with up to 10 points for meeting one of the following sub- criteria, up to 15 points for meeting two, and up 20 points for meeting all three. Note: applicant may adjust space used to address each sub-criterion. Sub-criteria 1 - Not in common use in Florida. "Recycle This!" was initially launched in test markets in Pittsburgh, Pennsylvania, and Hampton Roads, Virginia. While the campaign is primarily focused on beverage containers, it increases recycling rates of all recyclable materials. r I'.J:JJ ):;j:) jJJ:)j)j; ....if, ',. ' ;. ;'",. '.:_ '.~... . ,. ':....;... . '( Sub-criteria 2 - Novel application of an existing technology or process. "Recycle This!" is a novel use of radio music and TV commercials. Florida's Elementary, Middle and High schools have their own student featured TV show. 'J Cans To fans. 1r;,=::~~\ ,~>'i'il"jf !iff-,'\;; t' . "..~'-"'::'\~- r:! P / . \t"'~...fJt.,' , ,," , (, E~iitJIP America'iS ,- ''t.' ",~', l"verage Companies w, Sub-criteria 3 - Overcoming obstacles to recycling/waste reduction in new or innovative ways. "Recycle This!" uses recycling bins designed to look like beverage container. Although schools come under the mandatory Collier County Commercial recycling ordinance, most schools are not recycling beverage containers like water and juice bottles. The music video contest, recycling poster competition and competition to be the school that recycles the most will be recognized with a traveling trophy. ,~Li:ll::::f; J,hLj, ~jj.Jj..:1,.; - - Page 4 10M Criteria 2: TARGETS (I page) (do not delete the instructions on this page) (10 Points) Demonstrate innovative processes to collect and recycle or reduce these targeted materials/sectors: Construction and Demolition Materials, Commercial/Institutional Sectors, Hurricane Debris, Pay-As- Y ou- Throw and Waste Tires. Note: if the proposed project also includes materials/sectors other than those targeted by this criteria, the project will receive less than the maximum 10 points allocated for the criteria. The Collier County Board of Commissioners established a mandatory commercial recycling program which includes Collier County Schools. In 2006 Collier County gave the District School Board of Collier County a Waste Reduction award for their success in recycling paper. This project proposes to build on the partnership developed between both entities by establishing the first Florida School Beverage Container Recycling Challenge Program. The project will increase the recycling rate at schools saving the schools money and saving Collier County valuable landfill airspace. This grant will help promote the culture of recycling among Collier County school children. Public Schools are a big institution and the largest employer in Collier County. This proposal uses humor, music and student competition to encourage beverage container recycling and boost paper recycling in Public Schools. We also propose to locate in schools new recycle bins in the shape of giant plastic soda bottles that feature the colorful recycle logo and will serve as visual reminders to recycle away from home. This application will spark student's natural competitiveness and creativity by creating three annual categories of competition: 1. Student music videos with recycling themes, 2. School building recycling collection competition and 3. Recycling poster drawing contests. If awarded, grant funds will purchase recycling bins, traveling trophies and promotional materials. The National Beverage Association will provide professional radio ads and promotional materials free of charge. A local firm, Sunshine Recycling, will provide a cash donation. Collier County Solid Waste Department will provide in-kind support services to the School District. Collier County Schools will be in charge of administrating the collection of recyclables. The total amount of funding available for the FDEP grant program varies from year to year and there is no maximum grant award. In 2006, the Legislature allocated $ 1,599,500 for all eight awards. If awarded, a grant agreement will be forwarded for consideration in July 2007 and Collier County will have one year to complete the project. After completion of the grant, the Solid Waste Department will continue to provide support services to the Collier commercial sector and recognize the annual recycling award winners. Public Schools are a big institution and the largest employer in Collier County. Hopefully school children will bring their recycling habits home and encourage their parents to recycle. School children will help establish a culture of recycling in those households of recent immigrants who came from areas that did not have a chance to be educated about recycling and protecting our environment. ~ee'J(le We Got Plans For Your Bottles And Cans Page 5 10 rv: Criteria 3: BENEFITS/ Cost-Effectiveness (1 page) (do not delete the instructions on this page) (25 points) Demonstrate the potential economic, environmental, and cost-effectiveness of the program's approach. Note: applicant may adjust space used to address each sub-criterion. Sub-criteria 1 - Environmental Benefits (5 points). . Methodology Collier County Solid Waste Department and Collier schools will conduct a waste audit on one High School, one middle school and one elementary. There should not be any waste other than food waste in the front office. . Toxicity The importance in limiting contamination in the fiber and container recycling bins will be stressed. Schools are a seasonal business. Schools have a constant challenge of new students and new employees to train each year. New students, teachers, janitors need to be trained each year due to growth rate and population mobility of our schools. State wide over 50% of schools students are minorities. Sub-criteria 2 - Economic Benefits (5 Points). The beverage containers are made of durable plastic and should be a one time purchase. Recycling collections services are cheaper than regular trash pick up. Schools could reduce the frequency of trash pick up, reduce the size of trash pick up containers and or reduce the number of trash bins at the school. We will measure the district wide billings for recycle pick up and trash pick up. We will use the recycling and trash collections information by building to calculate how well each school building is recycling per student head count. Ifwe add in the economic value of the landfill space saved by diverting recyclables and the market value of businesses selling paper and containers the pay back period to the community and the complete economic benefit to the community and environmental value of the program can be calculated. We will make adjustments for population growth and possible hurricane or disaster generated solid waste and new schools. Sub-criteria 3 - Cost-Effectiveness (15 Points). Recycle This! Is cost effective as the program promotes source separation at the individual level. Creating recycling habits in school children benefits the community as children become workers and homeowners. Sarasota County Schools and Sarasota Solid Waste Management Department have had three years of a comprehensive recycling program compared to one year of recycling program at Collier Schools. In 2005 Sarasota Schools saved approximately $275,000 in waste collection fees due to higher recycling (Lois Rose, Sarasota Solid Waste Management Department leroseia;scgov.nct). Sarasota has 41 schools compared to Collier's 50 schools. Building on the lessons learned from Sarasota Schools and the excitement and interest generated by the 'Recycle This!' program, we estimate that Collier schools will be able to attain similar savings as Sarasota. Therefore 50/41 = 1.22 times $275,000 = $335,500. Since Collier is already recycling some paper we estimate the 'Recycle This!' program's increase will be half of Sarasota's recycling savings $335,500/2 = $167,750 plus $5,125 in saved tipping fees totals $172,875. The total 'Recycle This!' Program cost is $176,350. Therefore the program will pay for itself in approximately the first year. Sarasota diverted twenty three 8 yard dumpsters of recyclables from the landfill. Therefore 23 times 1.22 (Collier's population factor) = 28.06 yards of waste tipping fee avoided adds even more savings to this program: 28 times .055 (tons per cubic yard uncompacted waste) = 1.54 times $64 per ton tipping fee $98.56 times 52 weeks a year is $5,125. (Reference: Collier County's Franchise agreement for Solid Waste, recyclable materials and yard trash collection materials). Page 6 10M Criteria 4: SUST AINABILITY: (I page) (do not delete instructions on this page) (25 points) Demonstrate the sustainability of the proposed program. The program will be launched at the School open house each year. Schools will be encouraged to form environmental clubs. Some JR-ROTC organizations pick up trash after school football games. A traveling trophy for best recycling schools will keep up competition. Annual competitions for best recycling music videos/TV Commercials by category will be timed for airing on November 15 National Recycling Day. Environmental Clubs, Performing Arts clubs and JR ROTC will help sustain the program each year. Students must accumulate 40 hours of community service time in order to be eligible to graduate from high school. Finally, schools are legally required to recycle under Collier County's mandatory commercial recycling ordinance. Watching funny Music Videos, TV commercials and poster boards from other students will inspire underclassmen to meet and exceed the achievements of recent graduates. Our County Web page will feature the winning videos/TV Commercials, recycle posters and school recycling rates by building. School reputations in creative music/TV commercial design and recycling are traditions to be maintained or established are important for students, teachers, administrators and parents. Collier Solid Waste Management maintains a proactive relationship with Collier Public Schools that include: landfill tours, Recycling Center tours, class room visits, Earth Day and Recycling Day activities and teacher recycling kits. In 2006 Collier County gave the District School Board of Collier County a Waste Reduction award for their success in recycling paper. This project proposes to build on the partnership developed between both entities by establishing the first Florida School Beverage Container Recycling Challenge Program. The project will increase the recycling rate at schools saving the schools money and saving Collier County valuable landfill airspace. This grant will help promote the culture of recycling among Collier County school children and their families. Local Radio and TV Stations will be asked for in-kind public service announcements. Page 7 10M Criteria 5: TRANSFERABILITY (1 page) (do not delete the instructions on this page) (10 Points) Demonstrate transferability of technology and processes and specify how the project will promote transferability. Note: applicant may adjust space used to address each sub-criterion. Sub-criteria 1- Transferability of technology and processes (5 points). The lessons learned by implementing a school district wide beverage container program will be easily transferable to other schools. Sarasota County took three years to get their school district to start recycling. The lessons learned by them helped Collier organize our school recycling program. Recycle This! is a turn key recycling program that can be immediately used by any school. Collier County's grant will use the Recycle This! radio, bill boards, education web site and bottle shaped containers localized with student talent. Collier will focus on student's natural school competition with the traveling recycling champions' trophy. We focus on students' creativity by first playing the radio ads then inviting students to submit their own music creations. The student music video award winners in the four music categories of Rock, Hip Hop, Country and Spanish separately for High School and Middle School categories and the recycling poster winners will be announced on Novcmber 15,2006 National Recycling day. Budgeted radio advertisement in local Rock, Hip Hop, Country and Spanish Radio stations and TV stations will generate excitement, radio van visits to schools and hopefully additional public service announcements. This program has budgeted money to hire a professional Video company that will product videos to promote the Beverage recycling Challenge program in the schools. The video will also contain the winning student music videos and winning posters. Sub-criteria 2 - How project will promote transferability (5 points). The project will promote transferability by making a copy of the student radio/TV spots available to other schools through our county web page and through DVDs. Students will be excited about participating in a fun, educational program promoting recycling with music as they saw in other Florida school's programs. The program budgets $5,500 to conduct training workshops at Collier County Solid Waste Department and Collier Schools, at Florida Recycling and SW ANA meetings including case study implementation tools kits. ~~. IaUallSL6'" .......... ,......,........-....---- ,----.... ..:;.,...,;~:.:.::_J'i:~:J::r~"'!i.~" ,tiIlbtW, ~ a:::::::::::::; --...-- .,' .'~..I ~._--- ..... ---'- ---.-... .-.... . ..--- t~lrL" 1'. .-I .. Q, r.llMID -- f~, u..__........._____._.... ---- ,-.-....................- ~...._-- rB.btW Page 8 The American Beverage Association's www.rccvcleitnow.net is an exciting interactive website and their radio ads are royalty free. 10M Criteria 6: LOCAL SUPPORT (1 page) (do not delete the instructions on this page) (10 Points) Demonstrate local support for the proposed project in commitment of cash or in-kind matching funds. Please provide the name, address and phone number of ALL contributors. (Points will be allocated for only those contributors located within the jurisdiction of the applicant.) . 00 points 00/0 up to and including 1 % of total project cost . 01 points Greater than 1 % up to and including 100/0 of total project cost . 02 points Greater than 100/0 up to and including 200/0 of tot a] project cost . 03 points Greater than 20% up to and including 30% of total project cost . 04 points Greater than 30% up to and including 40% of total project cost . 05 points Greater than 400/0 up to and including 500/0 of tot a] project cost . 06 points Greater than 50% up to and including 60% of total project cost . 07 points Greater than 600/0 up to and including 700/0 ortota] project cost . 08 points Greater than 700/0 up to and including 800/0 ortota] project cost . 09 points Greater than 80% up to and including 90% of total project cost . 10 points Greater than 90% up to and including tOO% of total project cost Collier County will approach radio stations to have public service announcements with the same categories as the Recycle This! Themes: Rock, Country, Hip Hop and Spanish Language songs. We will ask local TV stations and newspapers to run public service announcements. Our Collier government channel will publicize the competition and winners. Collier County staff will maintain the web site of the local student talent winners. Collier county staff will contribute staff time to introduce and sustain this school beverage recycling program. Free Public Service Radio/TV Broadcasts estimated: Collier County in kind Administrative & travel estimate: Collier Schools in kind Administrative & travel estimate: American Beverage Association in kind donation for 12 radio spots the Marketing Company's royalty free radio ad market value quote for use Six Recycle This! Posters art work Total in-kind contribution Sunshine recycling cash donation $4,000 $24,350 $18,500 $48,000 $2,000 $95,850 $1,000 Total matching contribution $97,850 Total matching contribution $97,8501176,350 total program cost = 55% or six points. Page 9 10M I 'I' ' BUDGET (1 page using Budget Table Template) (do not delete the instructions on this page) Describe the project's budget allocated by task and budget categories per the Budget Table Template available from DEP's Innovative Grants web site in Microsoft Excel digital format ( www.deo.state.fl.us/waste/catel!ories/recvclinV03l!es/lnnov3tiveGr3nt82007-08.htm ). See Attached State DEP budget templates. Page 10 . "E . to o o U o ~ . 0: . ;; ~ E ~o ou. ii-- ~. o ~ .~ 0: 0 .al > 1i > o c .: ~ 9 ~ o o N >- U. . o . " ::;: g -. ~ . 0: S ~ E ;< <i '2 . e_ e ~. .._ R - CD!!. ~ C).- ~ "CJ ~ J::::::I'" III.!! '" (J~ ~ c . e ~ c . :l! ! ~ :!! o i , o (.) - ~ o (.) ., c . i < ~ c ~ . . Nt; ~ ~! g- oO: .. .c'i= ..~ - '" ::E '" " "0 _I: ~ ;!i: - ...J-.s~ . e ~ 6: a .c Jl . :l! .c . . u <;; 0> " , al ~ .. ! 5 c o t; 2 .. c o (.) <i , 1l ~ E o (.) . .! is. 0. , '" E . e 0. '; 0" w ~ ~ .. .. c c o ~ . Q. ~ Ul ." 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"' N '" N jj . :l! . ~ '" o ~ . a. Attachment C: Environmental Certification Form 10M Attachment C CERTIFICATION BY ENGINEER OR OTHER QUALIFIED PROFESSIONAL I, the undersigned authorized representative of ( ~ /;,.~ r County, certify that I have reviewed the Innovative Recycling Grant proposal, including the detailed scope of services for this project, and evaluated those impacts on the environment and public health which might reasonably be expected to result from the implementation of this project. In my professional judgment, this project, if implemented in accordance with the detailed scope of services, will comply with all applicable rules of the Department and will not create a significant threat to public health or the environment. I also agree to provide the Project Manager with a set of instructions for proper implementation of the project if needed as part of this Certification. Signature /) J . f-[\ I~ /, (l., 330/ L::. '/(~,~.n_,,^,' 'V/..,,7 Mailing Address L City, State, Zip Code 2 c'3 ~' - 7. L2 - .2 5u L Telephone Number ~ /-0 7 Date 10M ATTACHMENT D PAYMENT REOUEST SUMMARY FORM DEP AGREEMENT NO.: IG8-07 GRANTEE'S GRANT MANAGER: David Jaye PAYMENT REQUEST NO.: GRANTEE: Collier County DATE OF REQUEST: PERFORMANCE PERIOD COVERED: TOTAL MATCHING FUNDS REQUIRED: AMOUNT REQUESTED THIS PERIOD: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End-of-Grant Periodl TOTAL AMOUNT OF THIS CUMULATIVE MATCHING CATEGORY OF EXPENDITURE REOUEST PAYMENTS FUNDS Salaries $ $ $ Fringe Benefits $ $ $ Travel (if authorized) $ $ $ Subcontracting: $ $ $ $ $ $ _. $ $ $ $ $ $ Land Purchase $ $ $ Equipment Purchases. $ $ $ Supplies/Other Expenses $ $ $ TOTAL INVOICES SUBMITTED $ $ $ Less 5% (unless final invoice) $ Amount Retained (for final invoice only) $ Total Reimbursement Requested $ Less Total Cumulative Payments of: $ TOTAL REMAINING IN GRANT $ .Single purchases over $1,000. See Attachment F GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above-cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name David Jaye Telephone Number Telephone Number (239) 732 2508 DEP Agreement No. IGS-07, Attachment 0, Page 1 of 1 10M ~,' ' ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2 In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. DEP 55-215 (02/07) OEP Agreement No. IG8-07, Attachment e, Page 1 of 5 10M PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:llapPs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leo.state.fl.us/Welcome/index.cfm. State of Florida's website at http://www.mvflorida.com/. Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audoen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directlv to each of the following: DEP 55-215 (02/07) DEP Agreement No. IGB-07, Attachment E, Page 2 of 5 10M A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the I nspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directlv to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (02/07) DEP Agreement No. IG8-07, Attachment E, Page 3 of 5 10M 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directlv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (02107) DEP Agreement No. IG8-07, Attachment E, Page 4 of 5 " ~ ~ 0 ...l ...l 0 ""- "-l :I: I- ""- 0 I- - r/J I r;; l- e; - ell U - ~ I- Z fOI "-l ::;: "-l ~ " < r/J 55 I- 0 l- I- Z < ::> r/J ~ ::> 0.. 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'" .. <0 c: '" Q) c: E ~ Q) '" ::I '" ~ c: '" ::E o<l ~ ~ 1i c: e '" c: ... iI: Q) ~ .t: .. ~ ~ ":; ~ c- ":; ~ i!! ~ - '" 0 c ~ "v; '" .. ~ c: 0> Q) "- 15ti~ co Q. 5.~15 ..: o ~ 5. . .. z80tl c: .. ..QJzj'g E .c ",.c c: u z..... ..0 ~ ~""'I-U Oz < zc:wQJ ::lo::t-E ..: OPw..... .. uJb!r",O .b u o.<{ c: s:! <{ E z.Q o8<(tl _0 z ~~ Ci r-z < o?:: E ?5c: Wta:8 0" ~,f!w~ -e "'~ <{~~o N 12 ~~a:1j '0> u.. ...'" :2< c: - fh8.frj~ 0..0.. ww 0::10 ill 00 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents arc to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's siIDlature, draw a line through routing lines #1 thrOllllh #4, comDlete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. ~ 4. Scott R. Teach, ACA County Attorney ~t:<( 10/11107 5. Sue Filson, Executi ve Manager Board of County Commissioners 6. Minutes and Records Clerk of Court" s Office 7. Scott R. Teach, ACA County Attorney I/'" J IIi r; - PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, induding Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Margaret Bishop Phone Number (239) 213-5857 Contact Agenda Date Item was 10/09/07 Agenda Item Number 16B3 Approyed by the BCC Type of Document Conservation Easement Number of Original (2) Two Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. I Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) All handwritten strike-through and revisions have heen initialed by the County Attomey's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception). the original document and this routing slip should he provided to Sue Filson in the BeC office within 24 hours of BeC approval. Some documents arc time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on October 9. 2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Please return one executed ori inal document to Scott R. Teach, ACA Vcs (Initial) SRT NJA(Not A lieahle) 2. 3. 4. 5. 6. 7. NJA SRT SRT N/A SRT SRT l: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 <<mauecnumbef);!<<documenCnumben, Retn: CLERK TO THI BOARD INTIROPPICI 4TH PLOOR lIT 7240 4084158 OR: 4292 PG: 3317 RICORDID in the OPPICIAL RICORDS of COLLIIR COUNTY, PL 10/16/2007 at 10:14AM DWIGHT I, BROCK, CLIRK RIC m DOC-,70 coms 129.00 ,70 15,00 16B3 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT DEED OF CONSERVATION EASEMENT Return recorded document to: South Florida Water Management District 3301 Gun Clut> Road, MSC 4210 West Palm Beach, FL 33406 THIS DEED 9th OF CONSERVATION EASEMENT day of October is given 2007 , this , by whose mailing Collier County address ("Grantor") is Collier County 3301 East Tamiami Trail Naples I ],'L 3411.0 to the South Florida Water Management District ("Grantee"), As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor desires to Freedom Park (aka Gordon Ri ver \"la ter Qual i ty )("Project") at a Call i er County, which is subject to the jurisdiction of South Florida Water Management District ("District"); and construct site in regulatory WHEREAS, District Permit No, 11-00820-3 ("Permit") authorizes certain activities which affect surface waters in or of the State of Florida; and Form 1191 (01/2007) Deed 01 Conservation Easement - Standard Passive Recreational __~~.Q.01l.. Page 1019 16 B 311 OR: 4292 PG: 3318 WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the Permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement defined in Section 704.06, Florida Statutes, over the area described on Exhibit "8" ("Conservation Easement"). NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the property described on Exhibit "8" which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the Conservation Easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, or Form 1191 (01/2007) Deed of Conservation Easement - Standard Passive Recreational ___"~q,iP'l.. Page 2 of 9 16 B 3 I'" OR: 4292 PG: 3319 other activities described herein that are permitted or required by the Permit, the following activities are prohibited in or on the Conservation Easement: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. or water areas; Acts or uses detrimental to such aforementioned retention of land h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance. 4. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any District rule, criteria, the Permit and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this Conservation Easement may be permitted upon written approval by the District. a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as docks, boardwalks or mulched walking trails. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: i. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow in such area; Form 1191 (01/2007) Deed 01 Conservation Easement- Standard Passive Recreational JI"ov.Q..O'l. Page 3 019 .,' .-., <-) ,~,', ;" ""~:. '. ., 'OR: 4292 PG: 3320 ii. Such facilities and improvements shall be constructed and maintained utilizing Best Management Practices; iii. Adequate containers for litter disposal shall be situated adjacent to such facilities and improvements and periodic inspections shall be instituted by the maintenance entity, to clean any litter from the area surrounding the facilities and improvements; iv. This Conservation Easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, District or local permitting requirements. 5. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement Parcel which shall automatically relate back to the recording date of this Easement. Grantee may foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property. 8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Assiqnment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 10. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. Form 1191 (01/2007) Deed of Conservation Easement - Standard Passive Recreational _ s~I'QSII-'l9'l.. Page 4 of 9 '11 i" P, JL U ~,~ OR: 4292 PG: 3321 11. Terms, Conditions. Restrictions, Purpose. The terms, conditions, restrictions and purpose of this Conservation Easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. Any future holder of the Grantor's interest in the Property shall be notified in writing by Grantor of this Conservation Easement. 12. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in-interest. 13. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Collier Cou~~ TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. IN Collier County WITNESS WHEREOF, (Grantor) has hereunto set its day of October authorized hand this , 20 07 9th ~(# ~3~l\:3~a:trolX By: Name: James N. Coletta (Print) Collier County Board of Commissioners Titl>e':,'.~~:'..i;.:J Chairman, -.> .-,- .aTr-,.",'- -'.~ .' ,,' ~ Qf.~/ AJT~~T~:.7~OCK, CLERK '}1! \>H"\, ~~ '"" . , -0.."L___. COLIn y Alto; "ey D8ed of Conservation Easement - Standard Passive Recreational .FJ!l'~.~9'l. Page 5 of 9 [DESCRIPTION OF PROPERTY] EXHIBIT A Form 1191 (01/2007) Deed of Conservation Easement - Standard Passive Recreational OR: 4292 PG: 3322 16B3~' sJ:!!JI'~qlp'L ~ .+, THIS IS NOT A SURVEY (INDEX) OR: 4292 PG: 3323 168:3 p, m Cf] ~ M M o-j CJ1 S!~~~ ~~~.~ wo><'~ ~~;. ~b igS~~ . (JJ ~ M M o-j OJ (JJ ~ M M o-j """ H08 ~h ~~~~ 6 ~~ . (JJ ~ M M o-j w , ~ . n o mjj ~~'g; i~..j mWI ;i~!lii I ~~ ~! " . 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (2,39) 597.0575 FAX: (239) 597-057B DATE: OSf16107 SCAlE: 1""150' DRAWN BY: MAS CHECKED BY: CLIENT: D\XZAINC. Planning Visualization CONSULTING CivilEnllincelin~ &. "" , .L ..... Swveying & Mappin~ TITLE: COLLIER COUNTY GORDON RIVER CONSERVATION EASEMENT JJH SEe: TWP: RGE: PROJECT 27 495 25E NUMBER: 050009.00.Q1 SHEET NUMBER:INOEX OF FILE NUMBER: 0002 ::;: .+z m ~~ w~~ ~ ~J~. ."oz;E ~ ~?l~~ THIS IS NOT A SURVEY (INDEX) CI.l ~ M M >-3 CJ1 CI.l ~ M M >-3 Q) ~~~8 'm~E i~ !R r~~ . D\lZA1NC. Planning Visuali1'..ation CONSUL TING Civil EnlJineerin~ L "" , .L .... Surveying & Mappin~ 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239)597-0575 FAX: (239) 597-0578 CI.l ~. M M >-3 .p.. ~~~~~ @~~~; d>.l DATE: 05J16f07 SCALE: 1~"150' CLIENT: DRAWN BY: TITLE: MAS CHECKEDB'r': JJH SEe: TWP: RGE: PROJECT 27 495 25E NUMBER: CI.l ~ M M >-3 W OR: 4292 PG: 3324 16P3 "1 ".{~ ~~~~ a!~ ;;l!l("m . ~ - n n mn~~l l;~15~, UhlH " h COLLIER COUNTY GORDON RIVER CONSERVATION EASEMENT 050009.00.01 SHEET NUMBER:INDEX OF FILE NUMBER: 0002 LEGAL DESCRIPTION (CONSERVATION EASEMENT) OR: 4292 PG: 3325 1683 .1~ LEGAL DESCRIPTION CONSERVATiON EASEMENT A PARCEL OF LAND LYING IN SECTION 27, TOWNSHIP 49 S., RANGE 25 E" COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 11 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS ACCORDING TO THE PLAT THEREOF AS RECORED IN PLAT BOOK 2, PAGE 2, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYlNG NORTHERLY OF THE NORTH RIGHT-Of-WAY OF GOLDEN GATE PARKWAY PER OFFICIAL RECORD BOOK 2053, PAGE 1671 AND OFFICIAL RECORD BOOK 2053, PAGE 1687. THENCE 5,OO'25'35"E. ALONG THE WEST LINE OF ESTl,JARY AT GREY OAKS, LTD., OR. BOOK 2631, PAGE 1404, FOR 333.28 FEET; THENCE CONTINUING ALONG SAID WEST LINE OF ESTUARY AT GREY OAKS, LTD. S.0114'57~E, FOR 214,12 FEET; THENCE LEAVING SAID WEST LINE OF ESTUARY AT GREY OAKS, LTD. 5.20'D4'54~W. FOR 22.16 FEET; THENCE 5,69'07'51 "w. FOR 89,80 FEET; THENCE 5.S2'21 '09"W. FOR 1 01.40 FEET; THENCE S.58'S6'OS~W. FOR 117.67 FEET; THENCE s,n'41'S2"W. FOR 25,39 FEET; THENCE S.2B'31'0B"W, FOR 11.42 FEET TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY OF GOLDEN GATE PARKWAY PER O,R. BOOK 2053 PAGE 1671 AND O.R, BOOK 2053 PAGE 1687; THENCE ALONG SAID RIGHT-Of-WAY UNE 5.89'39'35"W. FOR 67,59 FEET; THENCE CONTlNUING ON SAID RIGHT-OF-WAY UNE S.89'38'46~W. FOR 235.01 fEET; THENCE LEAVING SAID RIGHT-Of-WAY LINE N,OO'OO'OO~E, FOR 71.29 fEET; THENCE N.46'09'43"E. FOR 25,5S FEET; THENCE N. 71'05'1 2"W. FOR 48,80 FEET; THENCE N.40'14'33~E. FOR 53.96 FEEt; THENCE N,2S'05'51 "E. FOR 32,78 FEET; THENCE N.n'49'49"E. FOR 17.88 FEET; THENCE N.3B'3B'37"E. FOR lB,73 FEET; THENCE N.61'lB'47"E. FOR 20,48 FEET; THENCE N.2S'09'lZ"E. FOR 31.93 FEET; THENCE N.19'SB'11"W. FOR 24.00 FEET; THENCE N.12'33"6"W, FOR 36.97 FEET; THENCE N.l1'Z2'17"W. FOR 18.77 FEET; THENCE N.24'29'2B"W. FOR 21.55 FEET; THENCE N.63'Z4'17"W, FOR 20,30 FEET; THENCE N,74'06'14~W. FOR 23,15 FEET; THENCE N.80'01'08"W. FOR 36.35 FEET; THENCE 5.BT04'51"W. FOR 7.55 FEET; THENCE 5.05'47'15"E. FOR 13.04 FEET; THENCE S.03'25'38~W. FOR 26.29 FEET; THENCE S.13'06'16~W. FOR 36.17 FEET; THENCE S.04'07'06"E. FOR 42.51 FEET; THENCE S.48'48'56"W. FOR 28.62 FEET; THENCE' S,01'28'01"W. FOR 19.22 FEET; THENCE S.OT51' 49"W. FOR 20.59 FEET; THENCE 5,03'01'28"W. FOR 35.04 FEET; THENCE S..34'38'25"W. FOR 33.75 FEET; THENCE S.04'47'34"W. FOR 13.79 FEET; THENCE S.22'40'54"W. FOR 77.55 FEET; THENCE N.3T24'22"W. FOR 75,20 FEET;' THENCE N.16'21'21"W, FOR 35.51 FEET; THENCE N.04"37'06~W. FOR 35.70 FEET; THENCE N,19'24'44"W. FOR 16.59 FEET; THENCE N..38'S8'35"W. FOR 45.68 FEET; THENCE N,50'4S'SS"E. FOR 42.41 FEET; THENCE N.27'4B'22"E. FOR 8.0.3 FEET; THENCE N,2418'26"W. FOR 40.20 FEET; THENCE N.31'21'55~W. FOR 30.45 FEET; THENCE N.34'S5'12"W, FOR 44,07 FEET; THENCE N.17'27'28~W, FOR 34.03 FEET; THENCE N.2.3'26'19"W. FOR 63.52 FEET; THENCE 5.86'20'07"E, FOR 73.44 FEET; THENCE N. 75'49'57~E. FOR 40,08 FEET; THENCE 5.66'1S'59"E. FOR 22.90 FEET; THENCE N.77'46'00"E. FOR 24.23 FEET; THENCE N.86'47'17~E. FOR 21.12 FEET; THENCE N. 78'32' 44"E. FOR 1 3.43 FEET; THENCE N.25'22'27"E. FOR 8.30 FEET; THENCE N.20'.39'26"E. FOR 21.47 FEET; THENCE N.60'39'47~E. FOR 12.04 FEET; THENCE N.43'41'21"W. FOR 19.83 FEET; THENCE N.68'53'l1"W. FOR 12.90 FEET; THENCE N.67'14'41"W. FOR 26.55 FEET; THENCE 5.6T22'08"W. FOR 9.10 FEET; THENCE N. 79'S6'21 "w. FOR 30,29 FEET; THENCE N,86'22'30"W, FOR 18.92 FEET; THENCE S.83.39'S8"W, FOR 30.98 FEET; THENCE S.6.3'39'10"W. FOR 44,56 FEET; THENCE S.73'34'51"W. FOR 48.65 FEET; THENCE N.49'05'18"W. FOR 44;18 FEET; 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239)597-0578 DATE: CLIENT; 05/16/07 COLLIER COUNTY SCALE: 1""60' DRAWN BY: TITLE: GORDON RIVER MAS CHECKED BY: CONSERVATION EASEMENT JJH SEe: TWP: RGE: PROJECT I SHEET I FILE NUMBER: 050009.00.01 NUMBER; 1 OF 7 NUMBER; 0002 27 49S 25E D\XZAINC. Planning Visualiz.lltion CONSUL TING Civi.l En!:ineerin~ L '"' , .... .... Surveying & Mappin~ LEGAL DESCRIPTION (CONSERVATION EASEMENT) OR: 4292 PG: 3326 I If~ '\.;' THENCE N.3S"J2'21"W, FOR 8.23 FEET; THENCE N. 71 "25'2B"W. FOR 16.56 FEET; THENCE 5.4-5"21 'S4"W. FOR 17.66 FEET; THENCE N.6S"01'49"W. FOR 30.45 FEET; THENCE N.77'02'59"W. FOR 26.21 FEET; THENCE N.42'OS'41"W. FOR 34.18 FEET; THENCE N.53"22'43"W. FOR 17.64 FEET; THENCE N. 72'19'01 "w. FOR 35.00 FEET; THENCE N.66'24'44"W. FOR 58.17 FEET; THENCE N.4S'10'44"W. FOR 35.29 FEET; THENCE N.27'35'58"W. FOR 38.51 FEET; THENCE N.01'06'OQ"E. FOR 46.34 FEET; THENCE N.52'31'16"E. FOR 67.56 FEET; THENCE N.76'12'02"E. FOR 58.07 FEET; THENCE N.89'46'39"E. FOR 17.43 FEET; THENCE 5.55'44'3'''E. FOR 59.23 FEET; THENCE 5.24'53"5"E. FOR 46.54 FEET: THENCE S.37'26'52"W. FOR 3.13 FEET; THENCE 5.84-"46'10"E. FOR 13.86 FEET; THENCE S.89'14' 31 "E. FOR 10.59 FEET; THENCE N.71052'37"E. FOR 22.59 FEET; THENCE S.74"22'19"E. FOR 26.67 FEET; THENCE S,69017'11"E. FOR 22.65 FEET; THENCE S.34'06'45"E. FOR 56.49 FEET; THENCE S.22034'00"E. FOR 21.16 FEET; THENCE S.80040'55"E. FOR 7.85 FEET; THENCE S.88059'58"E. FOR 38.90 FEET; THENCE S,82'41'31"E. FOR 29.73 FEET; THENCE S.79"29'.34"E. FOR 14.00 FEET; THENCE N.6403B'51"E. FOR 9.09 FEET; THENCE S.8.3"29'01"[. FOR 22.06 FEET; THENCE N.86034'20"E. FOR 32.30 FEET; THENCE S.40'59'19"E. FOR 4.65 FEET; THENCE N.25017'54"E. FOR 25.29 FEET; THENCE N.39"31'05"E. FOR 52.63 FEET; THENCE N.27054'44"E. FOR 50.26 FEET; THENCE N,44019'02"E. FOR 30.45 FEET; THENCE N.15005'39"W. FOR 26.54 FEET TO THE SOUTH LINE OF WILDERNESS C.C. UNITS 1-11 O.R. BOOK 901 PAGE 1476; THENCE ALONG SAID SOUTH LINE N.89046'.39"E. FOR 591.43 FEET;TO THE POINT or BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 545,919 SQUARE FEET OR 12.5 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTR!CTIONS OF RECORD. BEARINGS ARE BASED ON NAD 83 (1999) STATE PLANE ADJUSTMENT FOR THE FLORIDA EAST ZONE, NOT VALID WITHOUT SIGNATURE AND RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. DATE DATE: CLIENT: D'XTAINC. 05116107 COLLIER COUNTY Planning SCALE: . Visualil'.ation 1";060' CONSUL TING Civil EUllincerinll DRAWN BY: TITLE: GORDON RIVER L '-, , .L .... Surveying & lVlappinll MAS 6610 Willow Park Drive, Suite 200 CHECKED BY: CONSERVATION EASEMENT Naples, Florida 34109 JJH Phone: (239) 597-0575 SEC: TWP: RGE: PROJECT SHEET FILE FAX: (239) 597-057B 27 49S 2'E NUMBER: 050009.00.01 NUMBER; 2 OF 7 NUMBER: 0002 WILDERNESS C.C UNITS 1-11 O.R. BOOK 901 PAGE 1476 THIS IS NOT A SURVEY OR: 4292 PG: 3327 1683 Itt ~- 08 N w+, s POINT OF BEGINNING NE CORNER, LOT 11 OF NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, PLAT BOOK 2, PAGE 2, COLLIER COUNTY, FLORIDA ': 'i< E-< I:LI I:LI ::c [(] I:LI I:LI [(] r"I Z ~ ....:l ::c U E-< <r: ::e: CONSERVATION EASEMENT ESTUARY AT GREY OAKS, TRACT"A", LTD., O.R. BOOK 2631, PAGE 1404 UNPLATTED j;; COLLIER COUNTY O.R. BOOK 2053, PAGE 1671 PORTION OF LOT 97 MATCH LINE SEE SHEET 6 Dl\llAINC. Planning Visualization CONSUL TING Civil Ensinccrin~ .&.. '-, , ~ .... Surveying & Mappin~ DATE. CLIENT: 05/16107 SCAlE: 1":60' JJH COLLIER COUNTY GORDON RIVER CONSERVATION EASEMENT DRAWN BV: TITLE: MAS 6610 Willow Park Drive, Sulle20Q Naples, Florida 34109 Phone: (2J9) 597-0575 FAX: (239) 597.0578 CHECKED8Y: SEe: TWP: RGE: PROJECT 27 495 25E NUMBER: 050009.00.01 SHEET FilE NUMBER: 3 OF 7 NUMBER: 0002 THIS IS NOT A SURVEY l100 ~~~R~~~JctG: 3328 UNITS 1-11 O.R. BOOK 901 B 3 PAGE 1476 N w+, s CONSERVATION EASEMENT 5 L LO E-< (i:i (i:i ::r:: lfJ (i:i (i:i lfJ (i:i Z >-< >---=i ::r:: U E-< <I; :::;; ~ ~ !'J iii ~ M ~ M M ~ ;>; ~ ~ M ~ ~ MATCH LINE SEE SHEET 6 D\llAINC. Planning VisuaJ.i7.ation CONSULTING CivilEn~incerin~ a. ....., , .L .... Swveying & Mappi~ DATE: OSt16/0? CLIENT: SCALE: 1"=60' DRAWN BY: TITLE: MAS 6510 WlIJow Park Drive, Soite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597.0578 CHECKED av: JJH SEe: TWP: RGE: PROJECT 27 495 25E NUMBER: COLLIER COUNTY GORDON RIVER CONSERVATION EASEMENT 050009.00.01 SHEET NUMBER: 4 OF 7 FILE NUMBER: C'") E-< ~ (i:i ::r:: lfJ ~ ~ lfJ (i:i Z >-< >---=i ::r:: u E-< <I; :::;; 0002 THIS IS NOT A SURVEY OR: 4292 ~G: 3329 . c' ~7 'I ~ WILDERNESS C.C UNITS 1-11 O.R. BOOK 901 PAGE 1476 LB4 ~ ~ .0 [9, $lBBL8 98 $ CONSERVATION EASEMENT 6 L51 N w+, 'it CONSERVATION EASEMENT S ------------------~---------.~----------~-------- ----------------------+.._------------------------------- MATCH UNE SEE SHEET 6 r " DATE: CLIENT: D'XTAINC. 05116/07 COLLIER COUNTY PJarming SCALE: Visunliz.ation 1~"60' CONSULTING Civil En5;:ineerin~ DRAWN 8Y: TITLE: GORDON RIVER ..&. " T T"," .... Surveying & Mappinj; MAS 6610 Willow Park Drive, Suite 200 CHECKED BY: CONSERVATION EASEMENT Naples, FJorlda341Q9 JJH Phone: (239)597-0575 SEe: TWP: RGE: PROJECT SHEET FILE FAX: (239) 597-0578 27 495 25E NUMBER: 050009.00.01 NUMBER: 5 OF 7 NUMBER: 0002 "<;j< E-< I:LI I:LI ~ Cf) I:LI I:LI Cf) I:LI Z >-< .....:i ~ U E-< ~ ::::s THIS IS NOT A SURVEY ;::;: "+ ~lJl~lJl"UO;;oZ gsO~O)>"-O .....O~O;;oG)~;;o ^)>^~O-i-i ZN<r-' I ~OO)>OO "'-< " "'0'" m, '" - Z=iE "U;o"U9G))> )>. ~;:<J)>-< G) m -ir m mZ m 11 m --- .---- ,~ - " " OR: f292 PGf !30 · Ii, ., MATCH LINE SEE SHEET 5' ! 35 3 3 ~~ L31 o 9 '1 ~" L22 ~ ~ >-3 n ~ ~ l' 05 >-< Z M UJ M M UJ CONSERVATION EASEMENT ~ M M >-3 .p.. ~ ~ "U"UOO 0)>' 0 ;;OG);:<Jr ::!mlJlC o~om z~o;;o O~^o " ~8 r O1Z o "'-i -i - -< <0 ..... MATCH LINE SEE SHEET 3 OATE: CLIENT: D'XTAmc. 05/16/07 COLLIER COUNTY Planning SCALE: Visualization 1~"'60' CONSULTING CivilEn~inecrin~ DRAWN BY, TITLE: GORDON RIVER .&. '" , ..... ... Surveying & Mappin~ MAS 6610 Willow Park Drive, Suite 200 CHECKED BY, CONSERVATION EASEMENT Naples, Florida 34109 JJH Phone: (239) 597.0575 sEe: lWP: RGE: PROJECT SHEET FILE FAX: (239) 597-0578 27 49S 25E NUMBER: 050009.00.01 NUMBER: 6 OF 7 NUMBER: 0002 LINE TABLE LINE BEARING LENGTH L1 500.25' 35"E 333.28 L2 501.14'57"E 214.12 L3 520.04'54"W 22.16 L4 569'07'51 "w 89.80 L5 552'21 '09"W 101.40 L6 558'56'05"W 117.67 L7 57T41'52"W 25.39 L8 528.31 '08"W 11.42 L9 589'39'35"W 67.59 L10 589.38' 46"W 235.01 L11 NOO.OO'OO"E 71.29 L12 N46'09' 43.'E 25.55 L13 N7T05'12"W 48.80 L14 N40.14'33"E 53.96 L15 N25.05'51 "E 32,78 L16 N7T49' 49"E 17.88 L17 N38"38'37"E 18.73 L18 N61'18'47"E 20,48 L19 N25.09'12"E 31.93 L20 N1 9.58'11 "w 24.00 L21 N12.33'16"W 36.97 L22 N11.22'17"W 18,77 L23 N24'29'28"W 21.55 L24 N63'24'17"W 20.30 L25 N74.06'14"W 23.15 L26 N80.01 '08"W 36.35 L27 58T04'51 "w 7.55 L28 505.47'15"E 13.04 L29 503"25' 38"W 26.29 L30 513.06'16"W 36.17 L31 504.0T06"E 42.51 L32 548.48'56"W 28.62 L33 501.28'01 "w 19,22 L34 50T5; '49"W 20.59 L35 503'01 '28"W 35.04 L36 534.38'25"W 33.75 L37 504.47'34"W 13.79 L38 522.40'54"W 77.55 L39 N3T24'22"W 75.20 L40 N16.21 '21 "w 35.51 L41 N04.37'06"W 35.70 L42 Nl 9.24' 44"W 16.59 L43 N38.58'35"W 45.68 L44 N50.46'55"E 42.41 L45 N2T48'22"E 8.03 L46 N24.18'26"W 40,20 L47 N31'21 '55"W 30.45 L48 N34.S5'12"W 44.07 L49 N1 T27'28"W 34.03 LSO N23"26.19"W 63.S2 L51 586.20'07"E 73.44 LS2 N7S'49.S7"E 40.08 LS3 566.18'59"E 22.90 LS4 N7T46'00"E 24.23 Dl\lZAINC. Planning Visualization CONSULTING Civil En2incerinji; .&. "" , .L .... Surveying & Mappinl,: DATE. CLIENT: 05f16J07 SCALE: 1"-60' DRAWN BY: TITLE: MAS CHECKED BY: JJH SEC: TWP, RGE: PROJECT 27 49S 25E NUMBER: 6610 Willow Park Drive, Suite 200 Naples, Florida34109 Phone: (2:39) 597+0575 FAX: (239) 597-0578 *** OR: 4292 PG: 3331 *** LINE TABLE LINE BEARING LENGTH LS5 N86.4T17"E 21.12 L56 N78'32'44"E 13.43 LS7 N2S.22'27"E 8,30 LS8 N20.39'26"E 21.47 LS9 N60'39'47"E 12,04 L60 N43.41'21"W 19.83 L61 N68.53'11 "w 12.90 L62 N6T14'41"W 26,SS L63 56T22'08"W 9.10 L64 N79.S6.21 "w 30.29 L6S N86.22'30"W 18.92 L66 583'39'S8"W 30,98 L67 563"39'10"W 44,S6 L68 573.34'51 "w 48.65 L69 N49.0S'18"W 44.18 L70 N3S.32'21 "w 8.23 L71 N71.25'28"W 16.S6 L72 545.21 '54"W 17.68 L73 N68.01'49"W 30.45 L74 N77'02'59"W 26,21 L7S N42.08'41"W 34.18 L76 N53.22' 43"W 17.64 L77 N72.1 9'01 "w 35.00 L78 N66.24'44"W S8,17 L79 N45.1 0' 44"W 3S.29 L80 N2T3S'S8"W 38.S1 L81 N01.06'00"E 46.34 L82 NS2.31 '16"E 67.56 L83 N76.12'02"E 58,07 L84 N89.46'39.'E 17.43 L85 555.44'31"E 59.23 L86 524.53'15"E 46.54 L87 53T26'52"W 3.13 L88 584'46'10"E 13.86 L89 589.14' 31 "E 10.59 L90 N71.52' 37"E 22:59 L91 574'22'19"E 26.67 L92 569'17'11 "E 22,65 L93 534.06'46"E 56.49 L94 522.34'00"E 21.16 L95 580.40' 55"E 7.85 L96 588.59'58"E 38.90 L97 582.41'31"E 29.73 L98 579.29'34"E 14,00 L99 N64.38'51 "E 9.09 L100 583.29'01 "E 22.06 L101 N86.34'20"E 32.30 L102 540'59'19"E 4.65 L103 N25'17'54"E 25.29 L104 N39'31 '06"E 52.63 L105 N2T54' 44"E 60.26 L106 N44.19'02"E 30.46 L107 N15.05'39"W 26.54 L108 N89.46'39"E 591.43 COLLIER COUNTY GORDON RIVER CONSERVATION EASEMENT 050009.00.01 SHEET NUMBER: 7 OF 7 0002 FilE NUMBER: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 8 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. 2. 3. 4. Scon 1 each JEfF vi 121' 1f"T County Attorney rr} ~(t7-ltJj 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Courts Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one o[the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee otlice only after the Bee has acted to approve the item. Name of Primary Staff Margaret Bishop Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number (239) 252-5857 ,()-q-c7 Agenda Item Number 2 Partial Release of Conservation Easement Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed if by the Office of the County Attorney. This includes signature pages trom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages trom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. NA Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 6/22/04 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office ?)Jl Lj '~ has reviewed the changes, if applicable. I: Forms! eounty Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04 16B3 MEMORANDUM Date: June 1,2009 To: Margaret A. Bishop, Sr. Project Manager Transportation Stormwater Mgmt. From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Partial Release of Conservation Easement to the South Florida Water Management District for the Freedom Park a.k.a. the Gordon River Water Quality Park Attached are two original Partial Release of Conservation Easement documents referenced above, (Agenda Item #16B3) approved by the Board of County Commissioners on Tuesday, October 9, 2007. After forwardin2 to the South Florida Water Mana2ement District for the necessary si2natures and havin2 the partial release recorded in the Official Records of Collier County, please return one of the executed original (recorded) partial release of easements to the Minutes and Records Department so it may be kept as part of the Board's permanent record. If you should have any questions, please call me at 252-8406. Thank you. Attachments (2) ITEM NO.: ocr -~.-O{oJd- FILE NO.: ROUTED TO: ili6B~ , I DATE RECEIVED: ':' -~ ,... /, . ') i . ~, is .. ,I,., REQUEST FOR LEGAL SERVICES /8"- /\ rt -Ft; 1; ~~;?" ~ ~ DATE: May 22, 2009 TO: Office ofthe County Attorney, Jeff Wright FROM: 1t~tormwater Management Section, Margaret Bishop RE: Gordon River Water Quality Park (Freedom Park) Partial Release of Conservation Easement BACKGROUND OF REQUEST: The original Conservation Easement was approved by the BCC on October 7,2007. The easement was recorded and submitted to the SFWMD. There is a conflict with FPL. Weare granting a partial release of conservation easement for the overlapping FPL and SFWMD easements. The SFWMD form and easements are attached. I am returning the partial release of conservation easement documents for sheet 3 of 5 signature. This iteQ HA~ NOT been previously submitted CgeLE ONE) 1. 2. 3. 4. Partial Release of Conservation Easement Form (2) Original Deed of Conservation Easement (2) Release Parcel (2) Pink Sheet ..(/~/i . Thank \ ! ATTACHMENTS: ACTION REQUESTED: Please review the partial release of conservation easement and sign for legal you. COMMENTS: ~ -- ~~. ITEM NO.: CJ1-ftJn rD(D ~ FILE NO.: ROUTED TO: " ,"\. i It-\\1r. \ )f'h\,\- ,~-:;"\-'Pl:\\\:\( - \\ '\ i.'.' .... . CIQ1~ RECEIVED: '" 3' \ ~ \ ~ 'I \ Sf" . fj\'\\\1 t" ~\ \ ,t...\}I." 1'~ DATE: REQUEST FOR LEGAL SERVICES May 15,2009 / J~ Office ofthe County Attorney, Scott TeacV Stormwater Management Section, Margaret Bishop P&\t.t 00\ ~~o" :/0' l#)wt )~ TO: FROM: RE: Gordon River Water Quality Park (Freedom Park) Partial Release of Conservation Easement BACKGROUND OF REQUEST: The original Conservation Easement was approved by the BCC on October 7, 2007. The easement was recorded and submitted to the SFWMD. There is a conflict with FPL. Weare granting a partial release of conservation easement for the overlapping FPL and SFWMD easements. The SFWMD form and easements are attached. ATTACHMENTS: ~ ~ 1. Partial Release of con..servation Easement Forr~;(2) - /II ~ $/~' -1 &.W'.vn-M . 2. Original Deed of Conservation Easement (2)v t. ;~i;Z~ ,/ ACTION REQUESTED: Please review the partial release of conservation easement and sign for legal sufficie cy. you. ". S, ~ G COMMENTS: ~ fh~f~~~~ . ~ H ~0!~(J.'_/A/~H (t ..\ r ~ I~ VV/VUL 2 ~ ~ () \ ~t~~~~~~~~' 1683 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Environmental Resource Regulation Department November 25, 2009 REC''''''i'. re 'J t: I \, ",", Margaret A. Bishop, P.E. Stormwater Management Section 2885 South Horseshoe Naples, Florida 34104 NOV 2' 2009 STORMWf'\TER MOMT Dear Ms. Bishop: SUBJECT: Partial Release of Conservation Easement Project: Gordon River Water Quality Park River Pump Location: Collier County; S27/T49/R25 Permit No.: 11-00820-5-02 Application: 080111-26 On November 13, 2009, the Governing Board of the South Florida Water Management District approved the attached Partial Release of Conservation Easement for the subject project. The original document is enclosed, and must be recorded in the public records of Collier County. After it has been recorded please send two certified copies to the appropriate South Florida Water Management District staff, at the below address: Ken Kellum South Florida Water Management District Lower West Coast Service Center 2301 McGregor Boulevard MSC 4274 Ft. Myers, Florida 33901 Should you have any questions concerning this matter, please do not hesitate to contact me at (561) 682-6866. Sincerely, tladlL -jJ 6~ Anita R. Bain, Director Environmental Resource Permitting Division AB\mld Enclosure 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL W ATS 1-800-432-2045 Mailing Address: PO. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov POSTED JUN - 8 2009 BeB I SFWMD 16B3 ADD / REVISED SUBMITTAL I JUN 0009 J BCB SERVICE CENTER APPLICATION NUMBER 0,8 0 111 - 2 6 Permit: f 1- 0 0 b'')' o~ S Tract: PARTIAL RELEASE OF CONSERVATION EASEMENT This Partial Release of Conservation Easement ("Partial Release") is made this I ~ day of .Nov-€ t'Y\ ~.e.r- , 200~ by the SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("District") having an address of 3301 Gun Club Road, West Palm Beach. Florida 33406 and a mailing address of Post Office Box 24680, West Palm Beach. Florida 33416-4680. WITNESSETH: WHEREAS, COLLI ff( ('ovN T'( granted in favor of the District that certain Deed of Conservation Easement dated 10 -j b --07 and recorded in Official Record Book~ at Page -'3 ,:>, 1 of the Public Records of C OL.L.j E.f{ County, Florida (hereinafter referred to as the "Conservation Easement") encumbering the real property described on Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Original Premises"); and WHEREAS, the District has been requested to release a portion of the Conservation Easement with respect to only that portion of the Original Premises described on Exhibit "B" attached hereto and made a part hereof (hereinafter referred to as the "Release Parcel"); and WHEREAS, the District is amenable to amending the conservation easement to release a portion of the Conservation Easement only with respect to the Release Parcel. NOW, THEREFORE, for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the District hereby partially releases the Conservation Easement to discharge, tenninate and release the Conservation Easement with respect to only the Release Parcel, without impairing the operation and effect of the Conservation Easement as to the remainder of the original premises which are not contained within the Release Parcel, (the original Premises less and except the Release Parcel is hereinafter referred to as the "Remainder Premises"). The Conservation Easement shall remain in full force and effect with respect to the Remainder Premises and shall remain unaffected by this Partial Release of Conservation Easement. All references in the Conservation Easement to "Property" shall hereafter mean and refer to the Remainder Premises. IN WITNESS WHEREOF, the South Florida Water Management District has caused this Partial Release f Conservation Easement to be executed in its name and its official seal affixed hereto by ~ , Chairperson, and attested by its District Clerk, this 13 day of 00+, :::o()o:::oz ~o~~(j) \Jr-\J-l ~CG)O:::o .....mI:::O~ ~:::O-low 6()fT1m~ 00 00 clD.....--J z:::Ol\..l..... -l0~0 -<()I\..l:::O ()^g~ r (OU1 m ..... :::0 N~ ^ 6"'0 o O>G) ." "'Ow -l S::1\..l I "'OCD m )>w () G) - m ~ (j) c ..... -l U1 () o C :::0 -l THIS CONVEYANCE ACCEPTED BY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. 2004-201 Partial Release of CE -April. 2007 10f5 POSTED JUN - 8 2009 BeB I SFWMD 1683 (Corporate Seal) STATE OFFLCltJPA ft_ COUNTY OF t(1l fY\ I~~ c.h f\ ~ /;:> ~t~fl?regoing ASlruJl!t'!.l . ~a<:~olVlt:<!ge,:! before me this t3 day of I \J.}v~~ , 200::..{ by cylG~\Lbf fJ{.).-(Ill, Chairperson of the South Florida Water Management District, a public corporation of the State of Florida, on behalf of the corporation, who is personally known to ~,,\\""I1"""I" ~"... 6 "I:1VlON illl,I. ~~<ot;;;:\ ........"" ~ *~ ..~~\OlI ... ~ ~.. .-sA .. ~ ~~..#;# ~ 4-.J-'. ~ ::::~:f~.<::5 .....o':.a:; =iTt. s -x>' '" o.;P:; =0: 2.ai. ~ ~:--f= :.-n~~-I {\)i;j:::X::: ~""!l.~'" ..,'VI ~. """::: ~'Q.. O\<:i,Y~(j"~~ ~~;.... S3\:1\o'i-;...=---.~~ ~' ~ ....... S~":~ ~II" s ~"" ""/IJIUI""""- LEGAL FORM APPROVED BY OFFICE OF COUNSEL, April, 2007 Print My Commission Expires: , L&/~~ td ~ 55 (p (t:;)S- Ide J 0 ADD I REVISED SUBMlTTAl l JUN 4 lUlI9 1 BCB SERVICE CENTER Partial Rclca.e of CE -Arril. 2007 20fS APPLICATION NUMBER 0,8 0 111 .. 2 6 1683 Acceptance by Grantee: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /' . ,. """," "', t1~~nl) ~"'" ,,~r::, ...... <:1'/:- . -,'. ...'........ ~"'" "\ 0.0'",'. Approved as to form and legal sufficiency: By: ff . Wright A stant County Attorney ADD I REVISED SUBMITTAL r JUN 4 2009 I BCB SERVICE CENTER POSTED JUN - 8 2009 seB I SFWMD APPLICATION NUMBER 080111..26 30f5 EXHIBIT A - ORIGINAL PREMISES 1683' (Original legal description from the original Conservation Easement) POSTED JUN - 8 2009 sea I SFWMD Partial Release of CE -April. 2001 APPLICATION NUMBER , 0,8 0 111 - 2 6 4 of 5 ,. ADD I REVISED SUBMITTAL I JUN 4 2009 I 8CB SERVICE CENTER IECAI. DESCRIP110N CONSEIlVAlIOH EASDlENT Exhibit A 1683 " LEGAL DESCRIPTION (CONSERVATlON EASEMENT) OR: 4292 PG: 3325 A PARCEL Of LAND LYlNC IN stCnoN 27, TOWNSHII' 49 s.. RANGE ~ E COIJJDI CClUHTY FLORIDA BEING "OIlE PARl1CULI,R1. 'I' DESCJV8Cl AS FOU.OWS: 8EGIHNlHO AT lHE NOInHtAST CORHEll Of'LOT II NAPLES IMPROVEMENT COIoIPAN'I'S UTltE FAlIlIS ACCORDIHG TO THE PLAT 1HEAEOf' AS AECORm III PLAT 800K 2. PACE 2. PUBUC R~OS or COWEll COUNTY, fLORIOA. L'I'INC NOIl1HERL'I' or lHE NORIM RlQfT-Of-WA'I' Of COlDEN GAtt PAR~WA'I' POI omClAL ItECORD BOOK 2053. PAGE 1871 AIIO omaAl. IlECORD IIOOJ< 2053, PAGE 1587, THENCE S.OO~J5'E, ALDNIllHE WEST UNE Of ESTUAIt'l' AT GRl:l' OAKS. L'lO., OIl. 800K 2531. PAGE 1404, FOIl 33328 FEET; 1Hf:NCE CDN'I1HUIIlC ALONC SAID waT UHE OF ESTUARY AT CM:V OAKs.. L 70, S.Ol'4'5rE FOIl 214.12 FEET; THENCE LEAVlNC SA/l) waT UHF: Of' ESTUARY AT GREY OAKS L70 S,20'll-t'$4'W FOR U 18 flrT: IMF:IICE $.81"07'51'W FOIl 1It.80 FEET: 1HEHCE 5.52 21 ag'W. FOIl 101 40 mT: !HENCE 5 ~~"~'1I FOIl 117.87 fEET; DlENCE 57741'52"W FOIl Z5..l9 flrT: '!HElICE 5.2II'Jlorl'l. FOIl 11.42 FEET TO 1HE INlElIstCllON MlH 1HE NOIlDl AIOHT-OF-WAY Of' GOLOE'H GATE PARKWAY PER 0.1t lOOK 2D5J PAGE. 1871 ANI) O,R BOOK 205J PAGE 1887: IMENct AI.CNll SAID AIOHT-Of'-WAY IJHE 5.1lt'311'J5"W. FOIl 87 SI FEET: THENCE lD/l1NUl1lG ON SAID RlOHT-Of-WA'I' UHE :s.811'3ll.....W. FOR 2Jll 01 FEET: THENc( LL\'IlIIC SAID R1Ilf1T-OF-WAY UHE 11.00'00'00'1;. FOIl 71 29 FEET: THENCE N,48W'4n FOIl 2!l.88 flXT: THENCE II. 77'115'I2'W FOIl 48.80 flXT: lHDlC( H,4O'14'33"E FOIl 53.18 FEETl 1HEHCE N 25'0681"E FOIl n.78 FUll DlENCE N 77 ~I' 41"! FOIl 17 88 FEET: 1HEIICE tU8'Je 37'E, FOIl I.7J FEET: \HENCE N..' '11'47"[ FOR 20.48 FEETI !HENCE N. 251ll1'12"E FOIl JI 93 FEET: 'THENCE N,19~'11''W. FOIl 2400 fUl: !HENCE H 12"J.1I&'W FOR Je.17 FEET: !HENCE H 1122 17"W. FOR '" 77 FEET; DlENCE H 24"29'28'W FOIl 2155 FEET; IHEHCE N eJ'24'I7"w. FOIl 20.30 FEET; '!HENCE N 74'1l1'I4"W. FOIl 2J, 15 FEET; \HENCE N, 80'01 '08'W FOIl JIS.J5 FEET; lHD/CE 587'04'51'W. FOIl 7.115 FUT; lHEHCE 5.054715"[. FOIl 13.04 FEET) '!HENCE $ 03 25 Jl"W FOIl 28.21 FEET; 1ItENCE 5.13'08'II'W fOR J8..17 FEET; lHEHCE S 04'07 06't. FOIl 42.51 FEET: '!HENCE 5,48'4II'55'W FOIl 2U2 FEET: THENCE SOI'2I1'OI'W, FOIt 18,22 FEET: 'IlWICE 5 07 ~I'41 'w., FOIl 21151 FEET: THENCI'; $,03'OI'B'W. FOIl ~04 FEET: '!HENCE 5,3431125'W FOR 33.75 FEET: THENCE $ 04'47'J4'W FOR 13.71 FEET; '!HENCE 8.22'40'114'. fOR 17,55 FEET: '!HENCE N,3724 U"W FOR n.20 FEET: lHENCE N 1821'21'W, FOIl 35.51 FEET: DlENCE N 04 'J7'08'W FOIl 35.70 FEET; \HENCE N. 11I24'44'W, FOR 18.51 FEET: lHENCE N ,38'58 J5"W fOR 4UI FEET: \'liENCE N 1lO48'511"t:, FOR 42.41 FEET; \'liENCE N 274l1'Z2'[ FOIl 8,03 1Ul: tHENCE N 241" B'W FOR 40. 20 FEET: THOICF: N JI'21'55'W, FOIl 30.45 FEET; THOICE H .34'SS'12"W FOR 44.07 FlET; THOICE N.17'2TB"W. FOR J4 03 FEET: THENCE N 2J 28 19"w. FOIl 83.52 FEET: THOICE $,8820'07'[. FOR 7:\.44 FEET, MIlCE N 75 4r57'[ FOR 40.08 FEET: 1HEIICE S 88'1'51'E, FOIl 22.10 FUT: 1HENCC H,11'441'OO"t FOR 24.23 fEE'F: THENCE N 118'47~7"t FOR U 12 FEET: DlENCE N 7832'44'E fOR 13.13 FEET: '!HENCF: N. 25"2Z'27'E. FOIl 8.30 FEET: !HENCE N20"JII'2&'E. FOR 2147 FEET: THENCE N,8O"3147"[, FOIl 1204 FEET: MNCE N 43 '41 '21'W, FOR 1183 FEET: !HENC[ H 88113'".." FOR 1210 FEn: DlENCE H 8711' 41"W. FOIl 26.55 FEET: DlENl:( 18722'08'W FOIl 9.10 FEET: IMENCE N 7I'58'21"W. FOIt 3O.Z9 FEET: !HENCE N 8822'3O'W, FOR 1112 FEET: 1HENCE 5 83 39 '58'w FOR 30.18 FEET: THENct S.8331'IO"W FOIl 44.58 fEET: DlENCE 5.73J4'51"W, FOR 4U5 FEET: THENCE H,4I'06 In FOR 4411 FEET: [)\XT" INC~~OQ :ONSULTI~~ QviJ Bn~l! ... '" , ..&. ... Surveyiria &: MaflpiD. ..,a=.,,=ror2DO ~c=r== APPLICATION NUMBER 080111-26 ADD / REVISED SUBMITTAL I JUN 42009 1 BCB SERVICE CENTER POSTED JUN - 8 2009 BeB I SFWMD ---- iwI:i CUENT: ClIIIMIr ICoIUl ,- -... TITl..E:: - t-a; ..... .... _ PROJECT 'D 41. ~ HUIoI8DI: - COLLIER COUNTY GORDON RIVER CONSERVATION EASEMENT _01 I ='~R: I OF 7 I ~~8E1l: 1683 .~ LEGAL DESCRIPTION OR: 4292 PG: 3326 (CONSERVATION EASEMENT) ntENCE N J5 32 21"W FOR 8.23 FITT: ntENtE N.71'2528'W FOR 1&58 FEET: ntENCI: 5.4~'ll'54'W FOR 11.118 FEET: ntENCE N 58'01 49'W. FOR 30 45 fEET: lI1ENCE N.n'02 ~9'W FOil 2821 FEET: !HENCE N 42'1ll14I'W. FOR J41B fELT; ntENCE N 532243'W. FOR 1784 fEET: THf:NCE N.721!J'Ol"W. FOR 35.00 FEET: lHEIla: N8n4'44"W FOIl 5817 FEET: 1HENCE N .,.,0'44"W. I'OR 35.29 FEET: lI1ENCE N 27~'58'W. fOIl 38,~1 FEET; lHtNCE N 0' 'Oll'OO'"E FOR 4&.34 fEET: ntDlCE N$2'31'IS'[. FOR 8758 FEET: THfNCE N. 7f12'02'E FOIl 58 07 FEET; 1l1ENCE N8114e'3!I'E FOR 17 4J fEET: THEHCE 555 \44 31'E, FOR 59 23 FEET: lI1EHCE s. 24 :13'15'[, FOR 4&.84 FEET: 1HEHCE 5.:s7 2&'S2'W FOR 3,13 nET: THENCE 5..84'41\ 'O'E FOIl '388 FEET; lHEHCE &11.,4'3\'[. FOR '0.5' ntT: lHENcE N 71112'37'E FOR 22 58 nE'n 1HENCE 5 74"22' 111'[ FOR 21.'7 fEET; lIlENCE 5 II 1Tn"E. FOil 22.85 FEET: lHENcE S 34'01 4&'[ FOR 58 48 fEEl: THDICI: 5..22'34'00'[ FOR 21.18 fEE1l !HENCE 5 80"40'5.5"[, FOR 7.85 fEE1l lI1EHCE s.aB~'58"[ FOR 3B.1lO ntT: lI1EIfCE 5.82'41 31"E. FOil 2lI73 FtEll !HENCE 578'2I'34'E, FOR 14.00 fEET; ntENCE N,G438'S"[ I'OR '.09 FtET: 1l1ENCE S.832l1'01'E. f'OA 22.08 FtE1l l11ENCE It B8 34'2O"t FOIl 32,30 fEET; lItENCE 5 4O'S9~I'[, rOIl 01.85 rEET: lItENCE II 26'17'54'[. FOR 25.2lI fEETl 1IlOICt N.J..,I'06'Eo FOR 52 U FtE1l 1ItENCt' N 27'501'44'[. I'1lR 80..28 fEET; THENCE N 44T1'~"E. rOIl 30.4& FtET: 1l1ENCI: N.I$'05'3'"W rOIl 28.54 FEET TO TH[ SCUnt UNE Of' 'ItILOERNE55 COC UNIlS 1_11 0.11 BOOK 901 PAOE 1471; TIiEHCE Al.OIIC SAID SOUTH UN[ N -'9 '41'3'"[, roo 511.43 fEET; TO ntE POIIT Of' IIECIIUIlNe OF 1HE PAIICEl. DESCRIBED HEllEJII COHTAlNING 545,919 SQUAftE FEET OR '2.5 ACRES 1I01l[ 011 LESS. SU8.lCCT TO EASEMENTS AND RE5TlllC11ONS OF RECORD. BEAllINOS I\RC BASED OH NAD 1I3 (1IR1) 5TA 1t PUH[ AOAJS'IIotEHT rOR ntE FLORIOA EAST ZONE NOT VALlO WITHOUT SIGNATURE' AND RAISED SrAL Of A PROfESSIONAl. SURVE'tOR AND MAPPER cYeJS~w~ ~U[Amc~~~::.~ , '" , ... ... Survoyla&" MAij:Jpq IIIO__OoM._1GO ........._341. r:=&:== ..... 0fI1111D7 IIIlUI "- -Ill lIA8 _1ft ",.. ... .... .... PRO.IECT 11 4N 251! NUIIBE'R: CUENT: TITt.E:: ADD / REVISED SUBMITTAL r JUN 42009 j BCB SERVICE CENTER APPLlCA rlON NUMBER 0,8 0 111 - 2 6 POSTED JUN - 8 2009 t Bea I SFWMD COLLIER COUNTY GORDON RIVER CONSERVATION EASEMENT -.out l~ 2 OF 1 1~8Ell; _ 1683 1 WILDERNESS CC UNITS 1-11 THIS IS NOT A SURVEY O.R. BOOK 901 PAGE 1476 OR: 4292 PG: 3327 N w+, s POINT OF BEGINNING NE CORNER, LOT 11 OF NAPlES IMPROVEMENT COMPANY'S LITrLE FARMS, PLAT BOOK 2, PAGE 2, COLLIER COUIIITY. FLORIDA !: ADD / REVISED UBMITTAL "'<I' Eo-< W W ::r: en w w en W Z ~ JUN 4 BCB SERVIC CENTER CONSERVATION EASEMENT ::r: u ~ :::il ESTUARY AT GREY OAKS, TRACT "A", LTD" OR. BOOK 2631, PAGE 1404 UNPLATTEO APPL\CA 1'0 0,8 0 11 NUMBER -26 MATCH LINE SEE SHEET 6 COU.'ER COUNTY O.R. BOOK 2053, PAGE 1671 PORTION OF LOT 97 ~llT~ ~~~~E L,"' fri s.-yJaI&~ ...._-IlIIwe._* NIjII...Flodda34ll11 "='&f~ COLLJER COUNTY T1TlE: GORbON RIVER CONSERVATION EASEMENT _.00.01 ~~ 3 OF' :;~1ItIl: OOOZ CUM: ~EJ~Jc.tG: 3328 UNITS 1-11 O.R. BOOK 901 PAGE 1476 THIS IS NOT A SURVEY 'lo N w+. s CONSERVATION EASEMENT l() :...., ~ :.J ~ :n :.J :il :Ii :Ll z: - ..... :r:: :..> ~ ADD I REVISED SUBMITTAL l JUN 4 2009 I BCB SERVICE CENTER APPLICATION NUMB . 0,8 0 111 - 2 6 1683 M e-. ~ ::r:: en r.::I r.::I en ~ Z ::J ::r:: u ~ MATCH LINE SEE SHEET 6 aca .....llT" INC~ ~NMTI~~ Civil ~I .. " ,.... A SurvcyiaI &: ~ .'o=.":C...a..:.l::'JIlO ........lZ3flm.em FAX: lZIfIlI7-1lf71 COLLIER COUNTY TITlE: GORDON RIVER CONSERVATION EASEMENT SHEET flU: 05ll0llI._ _BER: 4 OF ~ NUII8ER: aooz CUENT: THIS IS NOT A SURVEY WILDERNESS C C UNITS 1-11 O.R. BOOK 901 PAGE 1478 OR: 4292 PG: 3329 N w+. s ADD / REVISED SUBMITTAL l. JUN 4 2009 j BCB SERVICE CENTER APPLICATION NUMBER Oi8 0 111 - 2 6 POSTED JUN - 8 2009 BeB I SFWMD ~~ CONSERVATION EASEMENT t MATCH UNE SEE SHEET 6 nllTA INC~~ ~NSULTING Ci.vil~ L "" , ... .... SuIwyiDI &; MIijlpla. 1I1O=,~~=-1IlO "='== ..... cUOO: 0liI111\l'1 . ... ,- - 1M TITlE: lIAS _Ill JJIf _ _ _ PRO.IECT 'II 411 25E NUI/IlDl: COLLIER COUNTY GORDON RIVER CONSERVATION EASEMENT - SHEET FU NUlIIlER: . OF" 7 NUMBEA: 1683 1 ~ E-< I:il I:il ~ l'Il ~ I:il l'Il I:il Z :::g :r: ~ - THIS IS NOT A SURVEY ~ .+ m ADD / REVISED SUBMITTA l JUN 4 Z009 J BCB SERVICE CENTE APPLICATION NUMBER 0,80111-26 POSTED JUN - 8 2009 Bea I SFWMD 1683 1 OR: 4292 PG: 3330 ....O:I....OI"'OO::OZ ~8~gSi"T1(5~ ,,>;a;2S8:!:i-l I\lZ~;;!:"'6:X: goC1l~O,," wow. ~ ~ "'O~~PCi)~ ~ Ci)fU>.~ m m fill:: Z m "'O~oC) ~Ci);;o~ =lmlDl:: o...~m z!1J ;u 0'" ~ "TI N~ 5 ~z ""l . :;! ~ n\"1 JA INC~OQ ~NS~TlNG Clw~i L ...., ,... .&. SIIM)iD& &: MappiQs 11'0__00109,_200 1lIpIos.~3<I'0I ,,=,=.w= 0IIl1IU7 CUENT: ,- - 11\ TlltE: IolAS 11\ _ ..... .... PRO.llCT 21 4" _ NUIlBEJI: MATCH LINE SEE SHEET 5 a::: ~ () ::r: ~ z tz:l CIJ tz:l .. t".l CIJ ::r: tz:l t:tJ '-i oflo. CONSERVATION EASEMENT MATCH UNE SEE SHEET 3 COLLIER COUNTY GORDON RIVER CONSERVATION EASEMENT 0IlllICIIJI0.0' ':~ER" OF- 7 ~BER: oao2 1683 ~ tit OR: 4292 PG: 3331 ttt LIIIl TAEIlE UNE TABU UNE BEARING LENGTH UNE BEARINr: II'"NGTI-I LI 500'25'35..E 333.28 L55 N86'47'17"! 21.12 L2 5Dl'14'57"E 214,12 L56 N78'32'44"1 13.43 L3 .5 O'04'S4'W 22.16 LS7 N25'22'27' 8.30 L4 5 9"07'SI"W B9.BO"_ LS8 N20'39'2B' 21.47 L5 S 2'21'09"W 101.40 L59 N60'39'47"E 12,04 Ul 5 B'S6'Of'W 117,67 LBO N43'41'21"W 19.83 L7 S77'41'5~"W 25.39 L61 N6B'S3'11'W 12.90 LB 528'31'O~'W 11.42 L62 N6714',WW 26,55 L9 S89'39'3~ "w 67.59 L6J S67'22'OS"W 9.10 LIO S89'38'46"W 235.01 L64 N79'S6'21"W 30.29 L11 NOO'OO'OO"E 71.29 Las N86'22'30"W 18.92 L12 N46'09'43"E 25.55 L66 SB3'39'Sa"w 30,98 l13 N77"OS'12"W 48.80 l67 563'39'10'W 44.56 L14 .N4014'33"E 53.98 LIlS 573'34'SI"W 4B.65 LIS N2S'OS'S1'E 32. 7B Le9 N49'05'18"W 44.18 L16 N77"49'49'E 17.B8 L70 N35'32'21"W B.23 L17 . N3B"3S'37"E 18.73 L71 N71'2S'26"W 16.56 LIB N6116'47"E 20.48 L72 I 54S'2I'54"W 17.86 L19 N25'09'12"r 31.93 L73 NSII'OI'411'W 30.4S l20 N19'58'WW 24.00 L74 N77"02'S9'W 26.21 L21 N12'J3'16"W 36.97 L75 N42"OB'41"W 34.18 l22 ~ 1 1'22'17"W 16.77 l76 N53'22' 43'W 17.64 L2J I N24'29'2B.W 21.55 L77 N72'19'Ol"W 313.00 L24 Na3'24'17"W 20.30 L7B I N66"24'44"W S6,17 L25 N74"06'14"W 23.1S L79 N4S10'44"W 35.29 ADD I EVISED SUBMITTAl L2B ' NSO"01'OB'W 36.35 LBO N27"3S'Sa"w 38.51 l27 S67'04'51'W 7.55 L61 N01'OB'DO' 46.34 L2S 505'47'15"[ 13.04 LS2 N52'31'IS"1 67.56 l29 503'2S'3B'W 26,29 L83 N7612'02" 58.07 4 2009 LJO 513"OB'16"W 36.17 l64 NS9'46'39" 17.43 L3, 504"07'06"E 42.51 LBS 555'44'31"[ 59.23 L32 548'48'56"W 28.B2 lB6 524"53'15" 46,54 L33 501 '28'0' "w 19.22 LB7 537'26'52" 3.13 BCB ERVICE CENTER L34 507'Sl'49"W 20.59 L8B 564'46'10" 13.86 L35 503"01'28".W 35.04 L89 58914'31" 10.59 L36 534'38'2S"W 33,75 _, 190 N71'52'37" 22.59 L37 S04'47'34"W 13.79 L91 574'22'19'E 26.67 1.38 522'40'54"W 77.55 L92 569'17'11"[ 22.65 CATION NUM~ER L39 N37'24'22"W 75.20 L9J 534'06'46"( 56.49 l40 N16'21'21"W 35.51 L94 522'34'oo"E 21.16 APP L41 N04'37'OS"W 35.70 L95 580'40'55"r:: 7.85 L42 NI9'24'44'W 18.59 L9S 5118'59'5B'E 38.90 i L43 N38'S8'35"W 45.68 L97 582'41'31"E -z9.7j- 0,8 111 - 2 $ L44 N50'46'SS"E 42.41 L98 579'29'34"( 14.00 l45 N27'48' '7'( 8.03 L99 N64'36'SI"E 9.09 L46 N241B'2S"W 40.20 L100 . 5B3'29'Q1"E' 22.06 L47 N31'21'5S"W 30.45 LIOl NBS'34'20"r 32.30 L48 N34'5S'12"W 44.07 Ll02 540"59'19"( 4.65 L49 NI7'27'2S"W 34,03 Ll03 - N2517'S4" 25.29 LSD N23'26'19"W 63.52 1.104 N39'31 '06" 52.63 L51 586'20'07"[ 73.44 __ Ll0S N2' "54'44" 60.26 L52 N75'49'57"E 40.06 L106 N4419'02. 30.46 LS3 56618'59"[ 22.90 Ll07 N15"05'39"W 26.54 L54 N77'46'OO'[ 24.23 _.L10S NB9'46'39"E 59t.43 I SFWMD DlIT~ mc,~ iO.f~Lyf\ ~~ .10__lllIiIo,_2lIO ......_141. ~~eW= l'r= .. CUENT: 0111 Mn' COLLIER COUNTY GORDON RIVER CONSERVATION EASEMENT 1_ -- "" TITLE: IoIAS -... JJH IlCI "'" ... PROJECT . 27 _ 25E NUN8Dl: -- :~EII: 7 Of' 7 FlU; NUMaER: - 1683_ EXHIBIT B - RELEASE PARCEL (Ex.hibit to be prepared by Owner containing the legal description of only the propcl1y to be released. Pernlit Reviewer must confirm that Exhibit B contains only the description of the portion being released.) POSTED JUN - 8 2009 Bca I SFWMD APPUCATION NUMBER 0,8 0 111 - 2 6 ADD I REVISED SUBMITTAL I JUN 4 2009 j BCB SERVICE CENTER Partial Release of CE -April. 2007 5 of 5 w z+w ~ 150 300 . GRAPHIC SCALE 1"0300' ASSREVlA TIONS Tv.f' . TOWNSHIP RGE . RANCE O.R. . OFfICIAL RECORDS BOOK P.B, . PLAT BOOK P.D.C. - POINT or COMMENCEMENT P.O.B. - POINT or BECINNING ADD I R ISED SUBMITTAL 4 2009 BCB S RVICE CENTER APPLI ATION NUMBER 080111-26 STEO - 8 2009 Be I SFWMD Exhibit B 3 ESTUARY AT GREY OAKS TRACT "Ii' P,S. 43, PG. 6-11 P.O.C. w !;;( Cl Z w Cl ...J o Cl ~ 3: ~ ll:: ~ P.O.B. PARCEL "s" I I I I I I FP&L I EASEMENT I OR 2868 ~ PG 3126 I I I I I I I I I \ \ \ \ '\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ) I I I I l I I I I I I I I I I I I I I PART OF NAPLES FARM COMPANY'S LITTLE FARM PER O.R. 4371. PG. 1595 ------. - GOODLETTE FRANK ROAD (C.R.-851) Moy 12. 1009 2:29 PM Q.\2oo5\05Ooo9 01.01 Gordon River - AdditionOI Servku\OOOJ Skelch And O~sc. - ReltNJse Porccf\05QO09010tSK05.dwg DATE 5/12/09 D\11 A INC'~tion CONSUL T1NG Civil Engineer.ing ..... ....., , ..L ... Surve<Jing & Mapping 6610 WIIow Park Drlve, StJIte 200 Noplot. _ 301109 m~5;=' Florida Certllk:ate of Authorlzalon I b-6952 .""', CLIENT: COLLIER COUNTY TRANSPORTATION, ENG. & CONST. MGN. TITLE: GORDON RIVER WATER QUALITY PARK RELEASE PARCEL N A OIMwH BY RY CHECKeD trr MAW sr.c rwp: RGr' PROJECT 27 495 25E NUMBER, SHEET NUMBER, 1 FilE. NUMBER 050009.01.01 or 3 SK05 w z+~ 3: o lOa 200 1 \ GRAPHIC SCALE 1"= 200' ADD I REVI ED SUBMITTAL 4 2009 BCB SER ICE CENTER LINE L1 L2 L3 L4 L5 L5 L7 LB L9 L10 L11 L12 L13 L14 L15 LINE TABLE BEARING 501'14'57"E 520'04'S4"W 559'07'51"W 5S2'21 '09"W 558'S6'05"W 558'56'OS"W Sn'41'52"W 528'31 '08"W 589'39'35"W 589'38' 45 "w NOO'OO'OO"E S89'38'57"W S22'40'S4"W N3T24'22"W N89'38'S7"E LENGTH 214.12 22.16 89.80 101.40 57.49 50.18 2S.39 11.42 57.59 235.01 45.00 IOS.09 24.73 28.52 25.85 ESTUARY AT GREY OAKS TRACT "A" P,B. 43, PC. 5-11 SOO'25'3S"E 333.29 Ll P.O.C. N.E. CORNER, LOT 11 OF NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS P.B. 2, PG. 2 P.O.B, PARCEL "A" PART OF NAPLES FARM COMPANY'S LITTLE FARM PER O.R. 4371, PG. 1595 L11 I !I ",J P 0 B ';2, ,,1>0 . , . -'1\.0 I PARCEL "B" I I FP&L I I EASEMENT _-1 OR 2868 'I PG 3126 I I I I 3 'f ~ ;: ~ a::: <( a... w ~ t:l Z w ~ I PARCEL "A' PARCEL "B" APPLICATION NUMBER ,080111-26 050009.01.01 SHEEl NUMBER 2 POSTED JUN - 8 2009 Bce I SFWMD May 12. 2009 2:28 PM 0:\.2005\050009.01.01 Gordon Ri\le-r - Additional Services\OOOJ Sketch And D~sc. - Release Porcel\O'OOO9010rSK05.dwg ClATE: 5/12/09 0\11 ^ INC.~=f;!arlon CONSULTING Civlll!.ngineF-..r1ng .L '"' , .... .... SlJ:l"(eying & Mapping 861Q WiltJwParkOrtwe, Sule 200 Naples. Florid. M10ll P~~15;~~~5 FIottda CerUllcale of AutharizBtian . b-8952 N A CLIENT: COLLIER COUNTY TRANSPORTATION, ENG. & CONST. MGN. TITLE: GORDON RIVER WATER QUALITY PARK RELEASE PARCEL SCI<U . DRAWN O'r' RY CH[CK[D BY MAW see TWP. NeE PROJECT 27 495 25E NUMBER; or 3 filE NUMBER; 5K05 LEGAL DESCRIPTION (RELEASE PARCEL) A PARCEL OF LAND LYING IN SECTION 27. TOWNSHIP 49S. RANGE 25E. COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 11 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS ACCORDING. TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 2, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.00'25' 35" E, FOR 333.29 FEET; THENCE S.O 1'14's1' E. FOR 214.12 FEET; THENCE S.20'04'S4"W. FOR 22.16 FEET; THENCE S.69'07'SI"W. FOR 89.80 FEET; THENCE S.52'21'09"W. FOR 101.40 FEET; THENCE S.58'S6'OS"W. FOR S7.49 FEET TO A POINT LYING ON YHE NORTH LINE OF A FLORIDA POWER & LIGHT EASEMENT AS RECORDED IN O,R. BOOK 2868, PAGE 3126 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA THE POINT ALSO BEING THE POINT OF BEGINNING OF PARCEL "A HEREIN DESCRIBED; THENCE CONTINUE S.SB'S6'OS"W. FOR 60.18 FEET; THENCE S.77'41'S2"W, FOR 2S.39 FEET: THENCE S.2B'31'08"W. FOR 11.42 FEET; THENCE S,89'39'35"W. FOR 67.59 FEET; THENCE S.89'38'46"W. FOR 235.01 FEET; THENCE N.Oa-OO'OO" E. FOR 46.00 FEET TO A POINT TO ALSO BE REFERED TO AS POINT" K; THENCE N.B9'38'51'E. FOR 384.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 15.761 SQUARE FEET, MORE OR lESS. AND AlSO COMBINED WITH A PARCEL OF LAND COMMENCING AT POINT" A'; THENCE S.89'38'57"W. FOR 105.09 FEET TO THE POINT OF BEGINNING OF PARCEL "El" HEREIN DESCRIBED; THENCE S.22'40'54"W, FOR 24.73 FEET; THENCE N,3724'22"W. FOR 28.52 FEET; THENCE N.89'38'57"E. FOR 26.86 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 306 SQUARE FEET, MORE OR LESS. :;5!~~:~~~~~::~_~_~_:~5'_____________________________ MICHAEL A, WARD, ?Rf)FESSIONAL SURVEYOR AND MAPPER LS#5301 SIGNING DATE:--ftLt:.J-'?l---------- SUBJECT TO EA!::EMEHiS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH LINE OF SAID FLORIDA POWER & LIGHT EASEMENT AS BEING N.89'38'57"E. ADD I REVISED SUBMITTAL l JUN 4 1009 1 BCB SERVICE CENTER APPLICATION NUMBER ,0,80111-26 POSTED JUN - 8 2009 aca I SFWMD May '2. 2009 2:29 PM Q.\2005\050oo9.01.01 eofdon Hi~, ~. Addilloflal 5efvicl."s\OOOJ SJcetch "rld D~5C". - Rf.'ie-oSt' Pun:el\D5ooa9oroISK05.dw9 DATE 5/12/09 N A DRAWN BY: RY CH(CKEO av' MAW stc. TWP: ffC(. PROJECT 27 49S 25E NUMBER, CLIENT: COLLIER COUNTY TRANSPORTATION, ENG. & CONST. MGN. TITLE: GORDON RIVER WATER QUALITY PARK RELEASE PARCEL D'11 ^ JNC'Oi~~tlon CONSULTING CivilEn' irJg ..&. '" ,~ ... SllJV~Japping BBIO W1low P....IIrivI. suo. 200 Noples. F10Itda 34108 ~~=~~~~5 FIo~ C._ of Authorlz.1lan , 1tH;952 sc^'-[ 050009.01.01 SHEET NU!olBER, 3 OF 3 FIlE NUMBER, SK05 16 C 1 MEMORANDUM Date: November 16, 2007 To: Jack Curran, Purchasing Agent Purchasing Department From Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #07-4189 "Rehabilitation of Master Pump Station 316" Contractor: Douglas N. Higgins Enclosed please find three (3) set of the original documents as referenced above, (Agenda Item #16C1) as approved by the Board of County Commissioners on Tuesday, October 9, 2007. If you should have any questions, please contact me at 252-8411. Thank you. Enclsoures 16 ~. __, . . l.: '" ... if, 1 "OU'^.I~'- lit" I(-ii.'. IY/r ATTot~ DATE RECEIVED~,.} fiNEr fJ NO~' ~ 7 . PH 12: I 1 ITEM NO.: FILE NO.: ROUTEDTO: 01- fJ ee. ()17ff& DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: November 7, 2007 o/16#4<lvnary'~ f ~ Assistant County Attorney Jack Currarf11{ Purchasinj'Agent To: From: (:C fcP 1 LI/~ )I ( ) Re: Contract #07-4189 "Rehabilitation of Master Pump Station 316" Contractor: Douglas N. Higgins BACKGROUND OF REQUEST: This contract was approved by the BCC on October 9, 2007 Agenda Item: l6.C.l This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. I I /J .J-(!9 \(/1~!D7/ ~~( \ ~ll~\ 16 C 1 Memorandum DATE: November 7, 2007 TO: Wayne Fiyalko, Senior Analyst Risk Management Department Jack Curran, Purchasing Agen()1( Purchasing Department FROM: RE: Review of Insurance for: #07-4189 "Rehabilitation of Master Pump Station 316" Contractor: Douglas N. Higgins This Contract was approved by the BCC on October 9, 2007 Agenda l6.C.l Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 239/252-6098. \ \ l }i., O( ~('"~~~~~ cc: Sandy Sridhar, PUED 16Cl\f Rehabilitation of Master Pump Station 316 COLLIER COUNTY BID NO. 07-4189 COLLIER COUNTY, FLORIDA Design Professional: Q Grady Minor and Associates, P.A. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 Construction Document - Manual Revised 7/07 TABLE OF CONTENTS 16 C 1 A PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT 1.: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Q Grady Minor and Associates, PA and identified as follows: Rehabilitation of Master Pump Station 316 as shown on Plan Sheets 1 through 11. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records Construction Document - Manual, Revised 7-2007 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA 16 i.'"' ~. ; ...t. Rehabilitation of Master Pump Station 316 COUNTY BID NO. 07-4189 Separate sealed bids for the construction of Rehabilitation of Master Pump Station 316, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 14th day of September, 2007, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:30 a.m. LOCAL TIME on the 28th day of August, 2007, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. The Engineers Estimate is ($1,164,000.00) One Million One Hundred and Sixty Four Thousand Dollars. r1n instances where the Owner has deemed the pre-bid to be Mandatory. the Bidder's failure to attend the pre-bid conference shall result in the reiection of its bid.l Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Rehabilitation of Master Pump Station 316 Bid No. 07- 4189 and Bid Date of September 14, 2007". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the Collier County Purchasing E-Procurement site: www.collierQov.net/bid. Bidding Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. Construction Document - Manual, Revised 7~2007 GC-PN-1 16 C 1 The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One Hundred and Fifty (150) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 16th day of August, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director Construction Document - Manual, Revised 7-2007 GC-PN-2 16 1 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-12 as included in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Construction Document - Manual, Revised 7-2007 GC-IB-1 ~6 C 1 IfA,1 Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Reauirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Riaht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Construction Document - Manual, Revised 7-2007 GC-IB-2 16 C 1 Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the Construction Document - Manual, Revised 7-2007 GC-IB-3 16 C 1 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. In instances where the Owner has deemed the pre-bid to be mandatory. the Bidder's failure to attend the pre-bid conference shall result in the reiection of his bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Reauirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Construction Document - Manual, Revised 7-2007 GC-18-4 16 C 1 Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the dafe that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. Construction Document- Manual, Revised 7-2007 GC-IB-S 16 ...... .(: .., .... ,~ .; .~ .1 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as .The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be ..qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are .'qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not ..qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major Construction Document- Manual, Revised 7-2007 GC-IB-6 16 C 1 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 18. Immigration Reform and Control Act Bidder acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Construction Document- Manual, Revised 7~2007 GC-IB-7 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVESERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34H2 (239) 252-6098 FAX (239) 252-6596 16' www.colliergov.net/purchasing ADDENDUM #1 DATE: August 30,2007 TO: Interested Bidders /}iI FROM: John P Currarf/F-' Purchasing Agent SUBJECT: Addendum # 1 - Bid # 07-4189, "Rehabilitation of Master Pump Station 316" Addendum #1 covers the following change for the above-referenced BID: 1. A complete set of Plans has been attached as part of this Addendum. There are a total of 11 sheets as part of the Set. Please note that Sheet 10 and 11 as shown on the Index of Drawings correspond to Sheet E1 and E2. 2. Stormwater Discharge, Sheet No.3 - Motor Operated Valve Provide and install the required conduit and wiring to provide for power to new MOV and control interconnection between said MOV and the float terminal cabinet. Upon high level alarm, the float will send a signal to the MOV calling for it to close. The valve shall remain closed until it is manually reset. The MOV shall be fed from existing Panel "L" located in the onsite control building. Contractor shall provide and install (1) 3/4" conduit with (2) #10 and (1) #12 ground from MOV to Panel "L" and terminate at both ends. Termination in Panel "L" will be on an existing 20A/1 P circuit breaker. Control interconnection between the MOV and the high level float shall also be provided. Contractor to run 3;4" conduit with required control cabling as specified byt6 C 1 MOV manufacturer from the MOV to the exiting wetwell interface cabinet where the float cables are terminated. Contractor shall provide terminations of control wiring at both ends. 3. Site Plan, Sheet NO.3 Upon additional site evaluation, the existing manhole to be raised is to have existing cone section removed and a 2' - 4' diameter section shall be added and existing cone reinstalled. A new bolt down type manhole frame and cover shall be added. This existing manhole is live and receiving flow. Only the new manhole section shall be coated with standard coal tar epoxy coating. 4. Site Plan, Sheet NO.3 The proposed above grade piping is to tie into the existing 20" force main with a 20 x 20 tapping sleeve and valve. 5. Site Plan, Sheet NO.3 Some clearing on both sides of the existing fence may be required for installation of the new wall. Where possible, existing trees will be saved by adjustment of the wall footing by "boxing" out a portion of the wall. 6. Building Plans/Elevations/Sections, Sheet NO.4 No painting of the existing interior or exterior of the control building shall be required. Painting, if required, shall be limited to any surfaces damaged by the Contractor's work. 7. Notes, Sheet NO.5 For additional information on the electrical for the proposed Duplex Blower system, see the Electrical Plans. 8. Proposed Plan, Sheet NO.5 and Item Number List, Sheet NO.6 The following additional information is provided for the flow meter. The flow meter shall be a Krohne Optiflux 4000. The meter shall have a NEMA 6 rating. The flow converter shall be an IFC-020 with a NEMA 4X rating. Grounding rings shall be 316 stainless steel. Flow meter shall be rated for use with wastewater. Contractor shall reroute and use existing conduit run for instrument control power from the existing flow meter vault. Details (3) are attached for additional information on the flow meter/transmitter installation. 9. The Owner (Collier County) shall order and purchase the pumps and accessories for the proposed pump station. This shall include the following items: Pumps, pump discharge elbows, mounting plates, guide rails, cable holders and power cords to the new disconnect. Contractor shall be responsible for all other items including but not Iimi!d ~o C 1 piping, piping supports and concrete anchors. The existing pump control system shall remain. 10. Existing Service to the site is a 400 Amp, 480 Volt, 3 Phase. 11. Proposed Plan, Sheet NO.5 Fitting NO.6 is identified as a flanged/flanged spool to be replaced. This is based upon data from the original plans. This will need to be verified prior to ordering and adjustment made if necessary. 12. The Bypass Pumping equipment shall be capable of providing a total flow of 815 GPM at a total dynamic head of 68 feet. 13. The Bid Schedule has been revised to reflect deletion of Item 10 - Building Painting. 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'" : .'~.J II I :,,'-~ I I;' J-'\ '" '" ~ 11 ~~ Ii ._~ --'----=-=-=-=Flf'=FT( 'T::::Lc ': f ------------ x (--;;,' 1,1 :; g<;j r (I I 6 ~~ "", I" " w , : 1 i ~~H ,-_.' ':'~I T U li < r,~ ::'L: ~w- ,~ 0 T,=: Z c:: ~ :~:,;=! Z ~,'.t ;::J o :E ~~ X L ::' Cc B3 -" ;::J ,::~ ~ ?;J_, ;.L. :.oJ~ L:::; Cl ~j ~_ Oc , ~; " iO> l~'_/, __ --:=- _:':> -~- _ ----------_:----m---r~~~~1 L,~t - =]=i"1, - --- c..-- )1: ,1,/" I I I ~'~J "I I. ", ,., 1 "II' , 1 ,,' 41 "'1(" .1~'rT~ 0' 8(0 e- w :;;::: 1 -II o z t< ~6 c' .'" r' Q{? ~'~~ 'Cl~L~ 0;O:'(() ~<'2 . g co ~~ ! ~ i!!ii :- J ~: ~ ~T I I '" ~ o ~ ~t;m u ~(f) ",'z 00 L- ~ "Q '" o :;:; D C::,,," '"-, > .ex L ~~~T-~~ ~~~~~i ~i~ 1 1 II 16 C 1 .. wI: :, o. ". '. f. 1~ ~;!! ,:iT ~Ib CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ORIGINAL 16 C 1 Full Name of Bidder Rehabilitation Of Master Pump Station 316 BID NO. 07-4189 DOUGLAS N. HIGGINS, INC. Main Business Address 3390 Travis Pointe Road, Suite A. Ann Arbor, MI48108 Place of Business 2887 Tamiami Trail East. Suife 1, Naples. FL 34112 Telephone No, 239-774-3130 State Contractor's License # CGC 060189 Fax No. 239-774-4266 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number / Date Issued 6'/-, {) / [l 7 / / Contractor's I~~~. . .."............-----.---- >/ Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid pages, Construction Document - Manual, Revised 7~2007 GC-P-1 16 Cl MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specificafion. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. 2. 3. D,nfjp 7:'MI CO N('-c'ff~le v / J i? ,,~ / ().s. ?1I.)e. I Ce J-?1e~X 4. 5. Dated September 14. 2007 BY: DOUGLAS N. HIGGINS, INC. Bidder !<vlj a. CU,LI~ Construction Document - Manual, Revised 7-2007 GC-P-3 16 C 1 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Cateqory of Work Subcontractor and Address -;;;/lnN y 1lr.;('C;'CI~fe_~ ;7) ~o~r~r; 0/ku S'-rtAc.'(/ --;;;1>,,/ t9 ;':-L 1. C' .J (//'1/(', r:/)I'I<;lnlC.f,~ 0' j/./!'-() 2. 3. 4. 5. Dated September 14. 2007 DOUGLAS N. HIGGINS, INC. Bidder ko)~ a-~ BY: Construction Document-Manual, Revised 7-2007 GC-P-4 16 C 1 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. iJJ11Ui1i-d 2. 3. 4. 5. 6. Dated September 14. 2007 DOUGLAS N. HIGGINS, INC. Bidder BY: ~a_ W~ Construction Document - Manual, Revised 7-2007 GC-P-5 Project: Owner: Engineer: Contract Date: Completion Date: Contract Amount: Project Description; ******* Project: Owner: Contract Amount: Contract Dare: Completion Date: Description: DOUGLAS N. HIGGINS, INC, EXPERIENCE STATEMENT RELEVANT FLORIDA PROJECTS 16 C 1 Big Coppitt Wastewater Collection System FKAA Project #4002-00 DNH Project #925-06 FLORJDA KEYS AQUADUCT AUTHORITY 1100 Kennedy Drive Key West. FL 33041 Jim Reynolds (305) 296-2454 Boyle Engineering Corp 4415 Metro Parkway, Suite 404 Fort Myers, FI. 33916 Robert Garland (239) 278-7996 December, 2006 June 2007 $2,186,480.00 14,000 LF of Force main installed in US I FDOT right-of-way in the Florida Keys. Also includes Stainless Steel Bridge Pipe and 3,300 LF of Gravity Sewer Watermain Interconncct-Lee Blvd from SR 82 to Booster Station Project # ll02 - LE 038 DNH Project #1101-06 Florida Government Utility Authority (fgua) 280 Wekiva Springs Rd, Suite 203 Longwood,FL32779 Victor Hurlburt, PE with Malcolm Pimie (407) 659-5550 $2,884,382.00 June 06 April 07 1,000 LF of 20" Watenl1ain, 3,000 LF of 18" Watermain, 700 LF of 16" Waterrnain, 3,300 LF of 10" Watermain. 3,400 LF of 8" Walemlain along major thoroughfare (Lee Blvd) right-of-way. Project: Owner: Collier Blvd Widening Contract #06-3881 R DNH Project #888-06 Collier County Purchasing Department 3301 Tamiami Trail EaSl Naples, FL 34112 Contract Amount: Contract Date: Completion Dale: Description: Steve Riller (239) 253-1154 16 C 1 $12,000,000 October 06 June 08 9,000 LF of24" Watermain, 3,600 LF of 12" Watelmain, 2,700 LF of 12" Forcemain, 16,500 LF of24" to 54" RCP Storm Pipe in County Road Right-of-Way. Project: Owner: Contract Amount: Contract Date: Completion Date: Description: A1ico Rd Interchange - 1-75 FOOT Project: 200966-1-52-01 DNH Project #880"05 Florida Department of Transportation/ Lee County Utilities Contact: Kiewet Southern - John Connell- 863-284-5727 Contact: Lee County Utilities - Tom Boyle - 404-392-9660 $1,288,742.63 October 05 June 07 7,500 LF of36" Ductile Iron Pipe Water Main in the FOOT tight-of-way. Gilbert Southern supplied the Pipe. We worked as a subcontractor under Gilbert Soothern. The owner ofthe watermain is Lee Cbunty Utilities ~.-._-------_.__.._-----------------------------------------------------.-------------------------------------------------------.-----.--- Project: Owner: Engineer: Contract Date: Completion Date: Contract Amount: Project Description: WW -1 OC Everest Outfall Pressure Main Project # 7011834 DNH Project #1100-05 City of Cape Coral Our Contract was with Engineer (MWH) M,WH Constructors, Inc. 2503 Del Prado Blvd, Suite 430 Cape Coral, FL 33904 Maxim Bougo (239) 458-4729 January 2006 July 2006 $1,837,400.00 ........................................................................................... Installed 6,400 LF of24" outfall watennain including all tie-ins & restoration. Project: O\\'ller: US 4] Water Main, CR95 1 - Manatee Rd Contract 05-3866 DNH Project #940-05 Collier County Purchasing Department 3301 Tamiami Trail East Contract Amount Contract Date: Completion Date: Description: Naples, FL 34112 Ron Dillard (239) 530-5338 16 C 1 $1,061,835.55 October 05 June 06 6,500 LF ofl6" Diameter Water Main & 1,250 LF oflg" Diameter Watennain in the U.S. 41 ROW ________________________________________________~______________________________MM~MH____________________________.________________________ Project: Owner: Engineer: Contract Date: Completion Date: Contract Amount Project Description: ******* Project: Owner: Engineer: Contract Date: Completion Date: Contract Amount: Project Description: Bay Point Water and Wastewater Systems Improvements FKAA Project #'s 2203-03 & 4005-00 DNH Project #710-04 FLORIDA KEYS AQUADUCT AUTHORITY I JOO Kennedy Drive Key West, FL 33041 Jim Reynolds (305) 296-2454 Boyle Engineering Corp 4415 Metro Parkway, Suite 404 Fort Myers, FL 339t6 Alfred J. Mittle (239) 278-7996 Apri12004 September 2005 $5,591,535.27 Insl1l11ed 5,000 LF ofwatel1unins, 15,000 LF of vacuum main, a US] Bridge Crossing, and a $2, I 00,000.00 Waste Water Treatment Plant. All of this work was in the Florida Keys and included US I PDOT right-of- way work. City of Layton Wastewater Management System Project # 6701863 DNH Project #900-05 FLORIDA KEYS AQUADUCT AUTHORITY 1100 Kennedy Drive Key West, FL 33041 Jim Reynolds (305)296-2454 Brown & Caldwell (Part of Design Build Team March 2005 March 2006 r I I I $2,301,000 Installed gravity sewer including pump sl1ltions for the City of Layton in the Florida Keys. Work included 7,000 LF offorcemain along US 1 FDOT right-of-way. ******* Project: Owner: Contract Amount: Conb'llct Date: Completion Date: Description: 16C 1 Naval Air Station - Repair Stonn Water & Sanitary Sewer Systems - NAF, Key West Contract N62467-03-0282 DNH Project #825-03 u.s. Department ofthe Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293-2841 David Franklin (843) 820-5733 $3,654,654.00 November 2003 December 2004 Remove, Replace, Install new Storm Water & Sanitary Sewer Systems on various Naval Properties ..........................................................................................1 ******** Project: .-. Owner: Cuntract Amount: Completion Date: ******* Project: O\\11er: Engineer: Contract Date: Contract Amount: Project Description: Naval Air Station - Replace Sewer _ Trumbo Point - NAF, Key West Contract N62467-01-X-0387 DNH Project #880-0 I u.S. Department ofthe Navy P.O, Box 9018 NAF, Key West, FL 33040 Jeannette Swe~ting, Supervisor Contract Speciali~t (305) 293-2841 David Franklin (843) 820-5733 $1,859,155.00 November 2002 Sanitary Sewer Rehabilitation for Service District F & G DNH Project #1125-00 City of Key West 525 Angela iJtreet Key West, FL 33040 David Femandez (305) 292-5600 CH2M Hill 3011 S.W. WillIston Road Gainesville, FL 32608-3928 Joe Castronovo (352) 335.7991 Jnly 7, 2000 $6,994,597.15 Installed approximately, 23,550 L.F. of 8", 1,870 L.F. of 10", 1,625 L.F. of 12", 2,325 L.F. ofl5" and 45 L.F. of20" of sanitary sewer and related appurtenances. Completion Date ******* Project: Owner: Contract Amollnt: Completion Date: ******** Project: Owner: Conn'llct Date: Contmct Amount: Completion Date: ******* Project: Owner: Contract Amollnt: Completion Date; ******* Project: Owner: October 2002 16 C 1 Naval Air Station - Lift Station Transmitter System~ Sigsbee Park - NAS, Key West Contract N62467-0 I-C-2766 DNH Project #880-0 I U.S. Department ofthe Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293-2841 David Franklin (843) 820-5733 $529,514.50 September 2002 Interior Electric Renovation at East Martello Tower Monroe County, FL DNH Project #840-02 Monroe County, Florida August 21, 2002 $69,000.00 September 2002 Naval Air Station.-RepJace Sewer- Truman Annex - NAS, Key West Contract N62467-01-X-0370 DNH Project #825-0 I U.S. Department of the Navy P.O. Box90J8 NAF, Key West, FL 33040 Jeannette Sweeting; Supervisor Contract Specialist (305) 293-2841 David Franklin (843) 820-5733 $1,276,321.00 August 2002 Sanitary Sewer Rehabilitation for Service Distt'ict C DNH Project #1025-99 City of Key West 525 Angela Street Key West, FL 33040 Engineer: Conu'act Date: Contract Amount: Project Description: Completion Date: ******* Project Owner: Engineer: Contract Date: Contract Amount: Completion DMe: ******* Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: ******* David Femandez (305) 292-5600 16 Cl CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608-3928 Joe Castronovo (352) 335"7991 January 5, 2000 $6,291,463.36 Installed approximately 425 LF. of6", 25,050 L.F. of 8", 425 L.F. of 10", 1,700 L.F. of 12", 400 L.F. of 15" and 1,350 L.I'. of20" of sanitary sewer and related appurtenances. Mm'Ch 2002 City of Key West Pump Station A Rehabilitation and Force Main DNH Project #01-1225 City of Key West 525 Angela Street Key Wesl, FIc 33040 David Fernandez (305) 292-5600 Allen Perez, P.E. (305) 292-0642 March 23, 200 I $941,759.00 December 2001 Flagler Interceptor, Phase II Sanitary Sewer Rehabilitation DNH Project #925-99 City of Key West 525 Angela Street Key West, FL 33040 Ed Doty (305) 292-5600 CH2M Hill 301l S.W. Williston Road Gainesville, FL 32608-3928 Joe Castronovo (352) 335-7991 I I , I March 31,1999 $5,114,565.16 June 2000 16Cl TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SYl Unit Cost Extended Cost Unit (Quantitvl 1. S/OD/;'O I ( !ll.. 00 l) 2ov. DO LF /()() 2. 3. 4. 5. TOTAL $ 200 00 Failure to complete the above may result in the Bid being declared non-responsive. Dated September 14. 2007 DOUGLAS N. HIGGINS. INC. Bidder BY: I~ a. WvLk4 i [ I i I I Construction Document - Manual; Revised 7-2007 GC-P-6 16Cl";j Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred and Twenty (120) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfullv Submitted: State of Iv( I U1/% c?/1 County of tA!f.(. \ 1 feNUJ / ! [{, 1 fA) I t..te/ , being first duly sworn on oath deposes and sal(s hat the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. tf) f<A A, Wi /I~lb , also deposes and says that it has examined'Jand carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specificafions and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. Construclion Documenl- Manual, Revised 7.2007 GC-P-7 16 [ i 04 (a) Corporation The Bidder is a corporation organized and existing Iv] IcMlaafJ , whiGh operates under / J)OLl~klJ ,V. Itw9/V1i :01 C . officers are as foil. ws: J President ~()(/yld",; N, 1;7/13111') Secretary if. S i.J 2-d!!} II}(J !](,uJf\er Treasurer i!..J OU!I1f/1 e !1zwJ},O V'a-f~~~t~~t j)an;el N. t-hfP/JJ tl,/lltlfJ1 D J!Jqjl/1/ .,]61/110) H..Jvveel- . . . .' 1':1) /A fJ LlVi1(It' The t ell.A1 rt fA I J<.!J!. VI!!" ;Jre'i)),Jvt; is auth6nzed t~ sign construction bids and contracts for the company by action of its Board of Directors taken IIA(~ IS', )-00 r , a certified copy of which is hereto attached (strike out this las sentence if not applicable). under the laws of the State of the legal name of , and the full names of its (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The Go-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED ,S'ep!tfnb(y /II;..zoo l I legal entity Construction Document- Manual. Revised 7-2007 GC-P-8 16C 1 Witness " (IJ Jvv '?> /-2- . II l t1ild~ ( BY: J)OU~i4jN I1}Cj:J'hs: J1/1(;. Name b Bidder (Type ) j(?CfJ Q. WJj~ Signature _VI ~e'~ If (ffi (}a1 j Title Witness STATE OF till I Ofi/!gatl COUNTY OF VI/eLl Vi lc:{/ltlll\/ The foregoing in~trufTlent was acknowledged before me this I Lj<rh day of -Sf:[JCI'Yib,r::r' 2007, by d I WI k ,.as Vilt ~ frt?f,1<111/' of Ie IV, J'VI :):./](' ,a M;d/(~o,j"\ corporation, on behalf of (t e corporati '. He/s'1~sonally known 0 me or has produced as identification and did (dklnot) take an oath. \1. GV:f.ANNE tlI),WKER Notary f"ublic,. Wr!i:il\~naw Co~m~y, Ml t'/iY COlnmlsSivn Expires Mar 7,2011 NAME: '. de<- nr--L ,)'/cw,;-~e/c (Signatu of Nofary) f.< , S({ 2,{ {/J ilc: flaw kO" (Legibly Printed) My Commission Expires: (AFFIX OFFICIAL SEAL) t Notary Public, State of /VI rUI/Qt'J1 Commission No,: v Construction Document - Manual, Revised 7~2007 GC-P-9 16 C 1 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Douglas N. Higgins, Inc. (herein after called the Principal) and Hartford Accident and Indemnitv Co. , (herein called the Surety), a corporafion chartered and existing under the laws of fhe State of CT with its principal offices in the city of Hartford and authorized to do business in the State of n are held and firmly bound unto the Board of County Commissioners Collier County, n (hereinafter called the Owner), in the full and just sum of five percent of attached bid dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Rehabilitation of Master Pump Station 316 Bid No. 07.4189 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, othelWise to remain in full force and effect. Construction Document - Manual, Rev!sed 7-2007 GC-P-10 16L] IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 14th day of September, 2007. Countersigned Local Resident Producing Agent for Dr., Ann Arbor, MI 48106 Dougla$ N. Higgins, Inc. K[Jj~tj [t. ~u~k~ i(e./JI It. {{),J !qe.; v,?( 'PffbJciej/lt Hartford Accident nd Indemnity Co. I '. V' Principal BY (Seal) Surety (Seal) flllolideod/<ellOl 8Co.7JlO11I\1 IlIlami,llmn""SIlllliS11lll9O Hylant Group, 24 Frank Lloyd Wright Construction Document - Manual, Revised 7-2007 GC-P-11 16 C 1 CERTIFICATE OF SECRETARY The undersigned, being the duly elected secretary of Douglas N. Higgins '.. Inc., a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Directors of said corporation at a meeting held on May 15,2007 and that said resolution is in full force and effect: "RESOLVED, That the following listed persons are hereby authorized to execute, on behalf of Douglas N. Higgins, .Inc., any and all contracts and documents." Douglas N. Higgins Daniel N. Higgins william D. Higgins James H. S>leet Kelly A. Wilkie Dated: May 15, 2007 (t~~ ;Z) Jl Lt---' , hi^'\. PIJr-. ;;;&~ ~ !}.~ 0(, W~ J( ~~il'~ ~f.UIUiC R. Suza-e Hawker Secretary POWER OF ATTORNEY 16Cl Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORO, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code; 35-350851 KNOW ALL PERSONS BY THESE PRESENTS THAT: CK=:J Hartford Fire Insurance Company, a corporation clul)' organized under the lawsoCthe State ofConllccticut [K:J Hartford Casualty Insurance Company, a corporation dul)' organized under the laws of the State oflndiana ~ Hartford Accident and Indemnity Company, n corporation duly organized under the laws of the State ofConnecticm I==:J Hartford Underwriters Insurance Company, a corporation dilly organized under the laws of the State ofConnccticul [=:=J Twin City Fire Insurance Company, a <:OJ'poralion duly organized under the Inws oftllc State ofIndiana c=I Hartford Insurance Company of Illinois, a corporation duly organized under tile laws of the State of Illinois c=J Hartford Insurance Company of the Midwest, n corporation duly orgallized under the laws of the Stale of Indiana c=J Hartford Insurance Company of the Southeast, a corporation dilly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Heat/,er M. Johnson, Judy K. Macklem of Ann Arbor, MJ their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by [8J, and to execute, seal and acknowledge any and all bonds, undertakings, contracts arid other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice PresJdent and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. I~O Ct. ~ () ~ ? t7ib~ Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONN ECTICUT} 55, Hartford COU NlY OF HARTFO RD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrliment; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ncAr?& Scotl EPascka Notary Public MYCollllllissiouExpirestktober31,2007 ., fu1J1i";;:'-tt- ._-- Gary W. Stumper, Assistant Vice President i'OA2005 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department 16 C 1 BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required draWings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: ~Bid Number; ~Project Name; ~Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified openinq date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET PouCjltlJ N l//C1!pfJ.S; ]/lC Bidder Name ~I '< ?Uakl-{; 0tL~?1r3f:;,)dt./1f Tifle DATE: September 14. 2007 Construction Document - Manual. Revised 7 ~2007 GC-P-12 16Cl CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Douglas N. Higgins, Inc. ("Contractor") of 2887 Tamiami Trail East, Suite 1, Naples, FL 34112, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Rehabilitation of Master Pump Station 316, Bid No. 07-4189("Project"), as said Work is set forth in the Plans and Specifications prepared by Q Grady Minor and Associates, P.A, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Docurnents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: seven hundred thirty four thousand dollars and zero cents ($734,000.00). GC-CA-1 16 C 1 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liQuidated Damaaes. A Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One Hundred and Twenty (120) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC-CA-2 16 C 1 such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Four Hundred and Twenty Three Dollars ($1423.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. GC-CA-3 16 C 1 G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit 1.: Exhibit N: Exhibit 0: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Q Grady Minor and Associates, PA and identified as follows: Rehabilitation of Master Pump Station 316 as shown on Plan Sheets 1 through 11. Contractor's List of Key Personnel Stored Materials Record GC-CA-4 16 C 1 Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Sandy Sridhar, Project Manager Collier County Public Utilities Engineering 3301 Tamiami Trail East Naples, FI 34112 Tel: 239-530-5345 Fax: 239-530-5378 Email: SandySridhar@colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Kelly A. Wilkie, Vice President Douglas N. Higgins, Inc. 2887 Tamiami Trail East, Suite 1 Naples, FL 34112 (239) 774-3130 FAX (239) 774-4266 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-CA-5 16Cl Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and AssiQns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. GoverninQ Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire AQreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. ChanQe Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. GC-CA-6 16 C 1 Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly. obligation under the Contract Documents upon the Contractor at Owner's discretion. **** GC-CA-7 16Cl IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: (Z,.... tf--~ .....FIRST WITNESS JiVVk'\ it Sv'vccf C _T~e~:;;Ze ~ITNESS ~/;l\iI (j J. \A), \ 'K I C. Type/Print Name By: Douglas N. Higgins, Inc. kw~y\W)k ,~ei f~ A L,U;I,k~iL Vlce-f(1)ldd1r Type/ int Name and Title Dat~:, . OWNER: BOARD OF COUNTY COMMISSIONERS OF ,~ COLLI::CO~,2;:~ ttlt~.; , s 19~a~r-" o;ll' Approved As To Form and Legal Sufficiency: ~/~_l{)ln P0-l~ Assistant County Attorney r~'-'----- .--"- litem ~ M.{ Igo',Ja ~+- ~ Udl;'; I eM, Itl'LlfI 'Rcc_d ~~..,.- .~ -~_..", GC-CA-B 16Cl EXHIBIT A PUBLIC PAYMENT BOND Rehabilitation Of Master Pump Station 316 Bond No. 35BCSEN7455 Contract No. 07 -4189 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc., 3390 Travis Pointe Rd., Suite A, Ann Arbor, MI 48108 , as Principal, and Hartford Accident and Indemnity Co., PO Box 3001, Troy. MI 48007 , as Surety, located at PO Box 3001. Trov. MI 48007 (Business Address) are held and firmly bound to The Board of County Commissioners of as Obligee in the sum of Seven Hundred Thirty Four Thousand Dollars and 00/ llier CtY,F ($ 734,000.00 ) for the payment whereof we bind ourselves, our heirs, execu ors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 11 th day of October (award) 2007, with Obligee for Contract 1107-4189 "Rehabilitation of Master Pump in accordance with drawings and specifications, which Stn 316" contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 17th day of October 2007, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Construction Document-Manual, Revised 7-2007 GC-CA-A-1 16Ll Signed, sealed and delivered in the presence of: PRINCIPAL Douglas N. Higgins, Inc. Witnesses as to Principal BY: NAME: ITS: STATE OF COUNTY OF . The foregoing instrument was acknowledged before me this day of 20_, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: Hartford Accident and Indemnity Co. (Printed Name) PO Box 3001 Troy, MI 48007 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) Construction Document - Manual, Revised 7~2007 GC-CA-A-2 ~llUAA 16 C 1 OR instrument was acknowledged before me this 17th day of , 2007, by Heather M. Johnson , as of Hartford Accident and Indemnity Co. He/She is personally known to me OR has produced as identification and who did (did not) /~ ~ <r - :-r____. Witnesses - . STATE OF Michigan COUNTY OF Washtenaw The foregoing October Attorney in Fact Surety, on behalf of Surety. Heather M. Johnson (Printed Name) Hylant Group 24 Frank Lloyd Wright Dr. Ann Arbor, MI 48106 (Business Address) 734-741-0044 (Telephone Number) take an oath. My Commission Expires: (AFFiX OFFICIAL SEAL) ~.);~ (Signature) Name: ;..};/(/("..;" 'Iv I ! f, 00- (Legibly Printed) Notary Public, State of: Commission No.: ;1:[: ~ Construction Document - Manual, Revised 7-2007 GC-CA-A-3 16Cl EXHIBIT A PUBLIC PERFORMANCE BOND Rehabilitation Of Master Pump Station 316 Bond No. 35BCSEN7455 Contract No. 07-4189 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc., 3390 Travis Pte Rd Ste. A, Ann Arbor, MI 48108 , as Principal, and Hartford Accident and Indemnity Co. as Surety, located at PO Box 3001. Troy, MI 48007 (Business Address) are held and firmly bound to The Board .of County Commissioners of Collier County, FL, as Obligee in the sum of Seven Hundred Thirty Four Thousand Dollars and 00/100 ($ 734,000.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 11 th October (award) 2007, with Obligee Contract 1/07-4189 "Rehabilitation of Master Pump Station 316" in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. day of for THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. Construction Document - Manual, Revised 7-2007 GC-CA-A-4 16Cl This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 17th day of October , 2007, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: . PRINCIPAL Douglas N. Higgins, Inc. BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 2007, by day of , as ~ , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of: Commission No.: Construction Document - Manual, Revised 7~2007 GC-CA-A-5 16 C1 ATTEST: SURETY: Hartford Accident and Indemnity Co. (Printed Name) PO Box 3001 Troy. MI 48007 (Business Address) (Authorized Signature) Witnesses as to Surety . (Printed Name) ~\~lLLl, , (? . ~a.-rz.. ~_____..-r~ Witnesses ,. Heather M. Johnson (Printed Name) Hylant Group 24 Frank Lloyd Wright Dr. Ann Arbor, MI 48106 (Business Address) 734-741-0044 (Telephone Number) STATE OF COUNTY OF Michigan Washtenaw The foregoing instrument was acknowledged before me this 17th day of October , 2007, by Heather M. Johnson , as Attorney in Fact of Hartford Accident and Indemnitv ,ca. Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did. not) take an oath. My Commission Expires: ~ 'N~ (Signature) Name: N/kJ:J 'jN'/S6k- (Legibly Printed) (AFF!X OFFICIAL SEAL) Notary Public, State of: Commission No.: /II Construction Document - Manual, Revised 7-2007 GC-CA-A-6 POWER OF ATTORNEY Direct Inquiries/Claims t 6 C 1 THE HARTFORD BOND, T-4 P.O. BOX 2103,690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860.757-5835 ;JW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35-350851 [K] Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut [KJ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana [K] Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana D Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of l11inois D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Heather M Johnson, Judy K. Macklem of Ann Arbor, MI their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. f~O c\. ~ () ~ I c7Uvv>- Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT} ss. COUNlY OF HARTFORD On this 4th day of August. 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Hartford Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 3],2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 17, 2007. Signed and sealed at the City of Hartford. L)c%?E (ryJJ~ Gary W. Stumper, Assistant Vice President POA 2005 ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID U HIGGI 5 10 17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI TE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXT D ALTER THE COVERAGE AFFORDED BY THE POLICIES E 07 PRODUCER Hylant of Ann Arbor, LLC 24 Frank Lloyd Wright Dr J4100 Ann Arbor MI 48105 -- ,ne:734-741-0044 Fax: 734-741-1850 Columbia Casualt Valle For e Ins. Co Co. NAIC# 020427 020494 020443 31127 020508 INSURERS AFFORDING COVERAGE Inc. Sui.te A INSURER A INSURER 8: INSURER c: INSURER 0: INSURER E: American Casualt Co Trans ortation Ins. Co. h...uRED Douglas N. Higgins, 3390 Travis Po~nte, Ann Arbor MI 48108 Contin,mtal Cilsua1ty Company an COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE !NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POl.ICY NUMBER ~~'4~Yr.f~DE~~E Pgk~Clfij:h~J!..~N LIMITS GENERAl. l.IABILITY EACH OCCURRENCE $1,000,000 - 12/10/06 12/10/07 PREMIS'ES lEa occurencel A X COMMERCIAL GENERAL LIABILITY C161922047 $100,000 I CLAIMS MADE [j] OCCUR MED EXP (Anyone person) $15 000 ~ Includes XCU PERSONAL & AOV INJURY $1,000,000 ~ Contractual Liab GENERAL AGGREGATE $ 2,000,000 ~.~ AGGRErilE~L1MIT APFlSIPER PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X ~f8T LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 E ~ ANY AUTO C161922033 12/10/06 12/10/07 (Eaaccident) ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Peraccidenl) - PROPERTY DAMAGE $ "-.- (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBREl.LA LIABILITY EACH OCCURRENCE $10,000,000 B !J OCCUR D CLAIMS MADE C161922050 12/10/06 12/10/07 AGGREGATE $10,000,000 $ ~ ~EDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X ITOR/LIMITS I IOJ~' C EMPLOYERS' l.IABILlTY WC161922016 12/10/06 12/10/07 $ 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL. DISEASE. EA EMPLOYEE $ 500,000 If yes, describe under $1,000.000 SPECIAL PROVISIONS below EL. DISEASE - POLICY LIMIT OTHER D Professional and CZB276202771 01/03/07 01/03/08 2,000,000 Pollution Liab 25,000 ded DESCRIPTION OF OPERATIONS Il.OCATIONS 1 VEHICl.ES 1 EXCl.USIONS ADDED BY ENDORSEMENT I SPECIAl. PROVISIONS Job - Contract #07-4189 "Rehabilitation of Master Pump Station 316". Additional Insured for General Liability - Board of County Commissioners Collier County, FL. Pollution Deductible $25,000. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3301 Tamiami Trail East Naples FL 34412 COLC002 SHOUl.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILl. ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTlFICAT Ol.DER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ACORD 25 (2001/08) @ACORDCORPORATION 1988 16 C 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 16 G 1 '"'l'j IIi EXHIBIT B INSURANCE REQUIREMENTS CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida. as described in the attached Contract Insurance Requirements form. 3.2 The OWNER shall procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project. The property insurance obtained by OWNER shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents 3.3 OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTORs, Design Consultant, SubCONTRACTORs, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTORs, Design Consultants and SubCONTRACTORs and shall require each of them to include similar waivers in their contracts. :'l".A The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 3.5 CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 3, and certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). 3.6 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 provisions. 3.7 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 8 The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONTRACTOR's sole responsibility. GC.CA.B.1 16 G 1 ;'.0 Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. 3.10 The CONTRACTOR and/or its insurance carrier shall provide 30 days written notice to the OWNER of policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 3.11 Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased, If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents, 3,12 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. GC-CA.B.2 16Cl Co~T County ~ COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS (Check) X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and Requirements X Employer's Liability $500,000 X $1,000,000 Commercial General $500,000 per occurrence X $1,000,000 per occurrence Liability (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Hanqarkeepers Liability $500,000 per aircraft $1,000,000 per aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaqe damaqe Business Automobile $500,000 per occurrence X $1,000,000 per occurrence Insurance bodily injury and property bodily injury and property damaqe damaqe Pollution Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence - bodily injury and property bodily injury and property damaqe damaqe Builders Risk Insurance OWNER Will Purchase-Replacement Cost- All Risks of loss I I INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE..The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceotable. Thirty (30) Days Cancellation Notice required on Agreements. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and/or Airport Liability where required. GC-CA-B-3 16:61 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2007 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2007, by ,_ ~ ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) ._iAFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Construction Document - Manual, Revised 7-2007 GC-CA-C-1 EXHIBIT 0 FORM OF CONTRACT APPLICATION FOR PAYMENT 16 .... o 1 .h (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: = Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ % % Percent Work completed to Date: Percent Contract Time completed to Date Liq uidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Desig n Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Construction Document - Manual, Revised 7 ~2007 GC-CA-D-1 i . . I ~ . .. , 0 l1) z . W ;; . => .~ . ~ .,- . ..J .,. ~'o ~ u. 0 W ..J => C W i:J: 10 .l1) ! I , -~ I ! 1 , I ...,.. Zll- ~'I~ "'~ .... fLi~ I:i:cw ...II-WI- c(wD::o( 1-...100 O~... 1-::&00 ~.ol- .. O~ .." "'- '" 01.. "'1. .." .. o w ... w ... .., :& o o " 0: o ~ o "2 :Co: "'W .. .... Z'" 0" _0 ..... "U ~Z ~ ~.. ~ ".. ... "" 20 >" ..'" o:~ ~. 01 i ~..I ""I o~ .." ~> o! on' ! 1 I I z , 51, ...' ~' ! ~! u ! .. - .. " 01 . , I c I :;; I c 0 ~ .'-- i 0 . '" I ~ . .. , zi ~Im I m Ii ~i~ x ,>< ~I Iw ., ... " ... o ... '1 I QI.!l Q;l'Il Qj~ "I.:': 81:: <Ill.!! ~I';;j ~! g ciZ OitO UIE . . J::~ -:c: '...1 c' :J!C: c::E ~I! i ;;~ ';Co: :::: 2 I 1'Il.c:. i .... o . ~'~ :; - c --'!~-~7--~ '0 0 I ,;I~ ' ;:u .~ I~II~. I'~i ~ .2!!~ . . o . - ~I'~ ~i~ I ::I~ ~I~ i .~l; I . '<('0 . . . . :J.:; l'Il .; BE ~1a..:2 0..;:;1: ~ ....1 ci c: Q), 0:'- -O:;:QI ; ~i~ IfJ .....ill! co~ . ;C'I 0 1'=; ~ : 01 (11,_ ~! ~I~, ~II]) ':::'1 "'In.;w Q)'aJ-o -;;;llllQ) i ;;'~ ~ :;~~ ~I~ ".~ C >; ltl 'I%~~';~ w_~ . ,I:: ~ 16C1 N o <i: u (,) (9 ... 0 I 0 N '"' "0 I i " .. .~ '" <ii " c rn :; I C " 1 E " u 0 0 c E u 2 1i5 c 0 U 1 7 f- ~ 1 11.-.." I. j EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: FROM: Collier County Government Construction Agreement Dated: Date: Change Order Description Original Agreement Amount.. ........... Sum of previous Change Orders Amount This Change Order Amount ... Revised Agreement Amount...... ............ .............$ ..................$ ....... ............. ..$ ................................$ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: DatE Purchasing Department GC-CA-E-3 Authorized by Director (For use by Owner: Fund Number: ) Cost Center: Date: Object Code: GC-CA-E-4 l6C{ Project 16Cl EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Construction Document - Manual, Revised 7-2007 GC-CA-F-1 t!"": II J, The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2007 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2007 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2007 OWNER By: Type Name and Title Construction Document - Manual, Revised 7-2007 GC-CA-F-2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No.: Date: ,2007 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) Construction Document - Manual, Revised 7-2007 GC-CA-G-1 By Design Professional: By Owner: 16 "'''l' \J ,~ .i (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) Construction Document - Manual, Revised 7-2007 GC-CA-G-2 c: I ( L':: ~ EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning, Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. ' 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: Construction Document - Manual, Revised 7-2007 GC-CA-H-1 16 C 1 those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities", Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. Construction Document - Manual, Revised 7-2007 GC-CA-H-2 3. SCHEDULE. It, 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"), The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor, All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday, No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4,1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date, Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. Construction Document - Manual, Revised 7-2007 GC-CA-H-3 16 C 1 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F,S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. Construction Document - Manual, Revised 7-2007 GC-CA-H-4 4,7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor, 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5,1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor: or (g) any other material breach of the Contract Documents by Contractor, Construction Document - Manual, Revised 7-2007 GC-CA-H-5 1 ' .L~6 1 5.2 If any conditions described in 5,1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20,1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection, 7. SUBMITTALS AND SUBSTITUTIONS. 7,1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named, Requests for review of Construction Document - Manual, Revised 7-2007 GC-CA-H-6 substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7,3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7,5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute, The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute, Construction Document - Manual, Revised 7-2007 GC-CA-H-7 16L1 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8,1,1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8,1,2 Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8,1.3 personnel; 8,1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8,1,9 A list of all visitors to the Project 8,1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents, 8,2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall Construction Document - Manual. Revised 7-2007 GC-CA-H-8 ( ( faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9,1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein, 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Construction Document - Manual, Revised 7-2007 GC-CA-H-9 16C1 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change, In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had, 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%), All compensation due Contractor and any Subcontractor or Construction Document- Manual, Revised 7-2007 GC-CA-H-10 71 sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10,5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts, If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor Construction Document - Manual, Revised 7-2007 GC-CA-H-11 16Ll or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work, If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs, Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected, The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party Construction Document - Manual, Revised 7-2007 GC-CA-H-12 for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B, 14. COMPLIANCE WITH LAWS. 14,1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing, To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work, 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void, If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be Construction Document - Manual, Revised 7-2007 GC-CA-H-13 16Cl bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS. LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s), Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor, 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s), If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion Construction Document- Manual, Revised 7-2007 GC-CA-H-14 ( of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose, 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor, The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18,5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may t'orminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written Construction Document - Manual, Revised 7-2007 GC-CA-H-15 16Ll notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19,2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension, If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages, Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20,1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion, If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if Construction Document- Manual, Revised 7-2007 GC-CA-H-16 'fl.. I/~ I I ' --' ".../ ',~ they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C, (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations, Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection, Failure of the Contractor to correct Construction Document - Manual, Revised 7-2007 GC-CA-H-17 16[;1 the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22,1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs: to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. Construction Document - Manual, Revised 7-2007 GC-CA-H-18 16i;1 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work, Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. Construction Document - Manual, Revised 7-2007 GC-CA-H-19 1 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work, Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents, Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances, The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Construction Document - Manual. Revised 7.2007 GC.CA.H.20 )"".:" N" m uH ~ Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.8, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss, Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time, Construction Document - Manual, Revised 7~2007 GC-CA-H-21 16~l 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28,1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work, Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28,1,1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1,3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property, Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such Construction Document - Manual, Revised 7~2007 GC-CA-H-22 ',J ;;o' i i fl~__ J. \,) i substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind, 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free, Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28,5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to Construction Document - Manual, Revised 7-2007 GC-CA-H-23 16Cl discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000, To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCO), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (OS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and are available on-line at colliergov,net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award, 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32,1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment Construction Document - Manual, Revised 7-2007 GC-CA-H-24 :0 "NI ~,,/ r'';fJ' --::J,( included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner, Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs, 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor, Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. Construction Document - Manual, Revised 7-2007 GC-CA-H-25 16Cl All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33,3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors, 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two Construction Document - Manual, Revised 7-2007 GC-CA-H-26 c-:;' {' : f' J. years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33,6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time, 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims, 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34,1.3 34.1.4 34.1.5 34.1,6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Construction Document - Manual, Revised 7-2007 GC-CA-H-27 34,1.12 34,1.13 34.1.14 34.1.15 34.1.16 34.1.17 34,1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1,32 16Cl Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee, Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. Construction Document - Manual, Revised 7-2007 GC-CA-H-28 EXHIBiT i SUPPLEMENTAL TERMS AND CONDITIONS i. The Notice to Proceed wiii be issued oniy after the foiiowing documentation has been submitted to Owner: a. Complete COntractual documents, induding payment and performance bonds and insurance certificate; D. Progress scnedUi8, Wllich snail UtiliZe Ine GnliCai raIn melnoa Oi scheduling and Microsoft Project; c. Submittal schedule; u. Draw (funding) SchedUle, wnicn shall conSist 01 a inonti~IIY projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program/Risk Management Program; f. Quality Assurance/Quality Control Program; and g. Security Plan L. I ne cprv'i Scheaule and UldW c,cneauie snail be updated rnontll'Y and submitted with each Contractor Application for Payment If both items are not SUbiTiilted VVltil AppiiCation tor FaYiTlent, tnat paynlent wiil be wlthneid untii both items are received and accepted by the Owner and Engineer. 3. Ail engineering site pians and drawings referencing a specific geographic area must be submitted in an AutoCad 14 or later format drawn in the Florida State rlane cast (U0 reet) Coordinate 6YSlenl. i ne oraWings SilOUid either reference specific established Survey monumentation, such as Certified 0ection Corners ~HaJt Of Uuarter c;ections are also 8cceptaoie), or be denved from the RTK(Real-Time Kinematic) GPS Neiwork as provided by the Collier County Transportation Division. TPA#1953633.11 GC-CA-I-l 16C1 EXHIBIT J TECHNICAL SPECIFICATIONS TPA#1953633.11 GC-CA-J-1 , I EXHIBIT K PERMITS TPA#1953633.11 GC-CA-K-1 16Cl EXHIBIT L STANDARD DETAILS TPA#1953633.11 GC-CA-L-1 I, " EXHIBIT M PLANS AND SPECIFICATIONS TPA#1953633.11 GC-CA-M-1 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT TPA#1953633.11 GC-CA-N-1 16Cl c a:: o u W a:: oll) ...J I-CI: !Xlii: -W :I: I- XCI: W:i!: c W a:: o l- ll) 'C {!. I i .. ! J (' wuJ! I c:: VI ..., ,. CO c:: Oi- III I w 'C 'C 0 " & "C 0 0 S~ , u VI VI c:: .- , _.c:: tIl I- + <( >. VI'C Cti :::I .. :::I U .S! Oi E > - ~ l!! VI 0 c:: u.. e..- 'C "t:J 0 .. .;: tIl .:!: .. "t:J Ole.. ~ u VI 0 u ~:E .. l- ll:: .!!! CO >'"t:J .;: .. VI .. - :::I > CO <( 0 'c; :2 ':; u l!! .. l!! e.. lI:: , .. ~ , u .. '0 .c I U > E i U .E :::I Z I (9 ~ .. I ~ :::I Ul I I , I i I I I i i I ! ! I i i I I c:: ! 0 ! ~ i I i .;: I I I I I U ! VI I : I I I .. I I , I I C , I I I , I , , I I I I I I , I I , , .. , - I CO I I - C - , I I '" ! '" ---,-~~- I , <D I i '" I '" I , '" i it ~ f- 1 o <( o - Ul 16C2 .~ MEMORANDUM DATE: December 21, 2007 TO: John Curran, Purchasing Agent Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Dept. RE: Contract #07-4190 "Rehabilitation of Master Pump Station 318" Contractor: Douglas N. Higgins, Inc. Enclosed are three (3) original contract documents, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, October 9, 2007. The Finance Department and Minutes & Records Department have their copIes. If you should have any questions, you may contact me at 252-8406. Thank you, Enclosures (3) ITEM NO.: _.'i'hel: (jf' IHL 16 G 2 00UNTY ATTORNEY DATE RECEIVEll: 07-l1lc- 00'60h 26010EC 12 PM 1:39 "f ., FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES ~c iC ~ J~1 )/, I'll \ Date: December 11,2007 Ro~ Z~ary 1~f Assistant County Attorney Jack Curran<1oJC . I t-J1 (j Purchasing~ent '/ lcl/I D I To: From: Re: Contract #07-4190 "Rehabilitation of Master Pump Station 318" Contractor: Douglas N. Higgins, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on October 9, 2007 Agenda Item: 16.C.2 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. ~ 1)//3/07- iff~f57 ~~ #'~A.I~~~r p-(11Io1 -~.::Jv~@ 16C2 . f.:V'l.J " .~,,' 1 Memorandum DATE: December II, 2007 TO: Jeff Walker, Director Risk Management Department Jack Curran, Purchasing Age~ Purchasing Department nJ~ FROM: RE: Review oflnsurance for: #07-4190 "Rehabilitation of Master Pump Station 318" Contractor: Douglas N. Higgins, Inc. This Contract was approved by the BCC on October 9, 2007 Agenda 16.C.2 Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 239/252-6596. cc: Sandy Sridhar, PUED ~~~~~ (.2f/~~ ~ ~~~~~ ~y/kz-~ ~ -/~ end'~ ~ ~;.;:;~ ~~~4'~ 16C2 er County Rehabilitation of Master Pump Station 318 COLLIER COUNTY BID NO. 07-4190 COLLIER COUNTY, FLORIDA Design Professional: Q Grady Minor and Associates, P.A. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 Construction Document - Electronic, Revised 7/07 16 C 2i~ TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Q Grady Minor and Associates, PA and identified as follows: Rehabilitation of Master Pump Station 318 as shown on Plan Sheets 1 through 11. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records Construction Document - Electronic. Revised 7-2007 16C2 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Rehabilitation of Master Pump Station 318 COUNTY BID NO. 07-4190 Electronically submitted bids for the construction of Rehabilitation of Master Pump Station 318, will be received on the Collier County Purchasing Department E- Procurement website: www.collierqov.netlbid. until 2:30 P.M. LOCAL TIME, on the 14th day of September, 2007, at which time all bids will be publicly electronically opened and read aloud. Any bids received after the time and date specified will not be accepted by the e-procurement website. Any bidder not able to submit bid response electronically, must ensure that bid is delivered to the Collier County Purchasing Department, 3301 Tamiami Trail East, Bldg. "G", Naples, Florida 34112 no later than the time and date specified herein. In this instance, sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Rehabilitation of Master Pump Station 318 Bid No. 07-4190 and Bid Date of September 14,2007". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-12) shall be removed from the Bidding Documents prior to submittal. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 11 :00 a.m. LOCAL TIME on the 28th day of August, 2007, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project [In instances where the Owner has deemed the pre-bid to be Mandatory. the Bidder's failure to attend the pre-bid conference shall result in the reiection of its bid.l Copies of the Bidding Documents may only be obtained at the Collier County Purchasing E-Procurement site: www.collierqov.netlbid. Bidding Documents obtained from sources other than Collier County Purchasing may not be accurate or current Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. Bid security may be electronically submitted, or delivered at the required date and time stated herein. Cashiers checks must be delivered before the required date and time. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. Construction Document - Electronic, Revised 7-2007 GC-PN-1 16C2 All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One Hundred and Fifty (150) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 16th day of August, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY /s/ Stephen Y Carnell, CP.M. Purchasing and General Services Director Construction Document - Electronic, Revised 7-2007 GC-PN-2 16C2 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1 A The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted electronically or manually on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-12 as included in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter where applicable and shall sign the Bid correctly. Bid Schedules are submitted electronically or if manually shall be a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Manual bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building "G", Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. Construction Document - Electronic, Revised 7-2007 GC-IB-1 16 C 2 'I, If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied electronically or manually by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). Cashiers checks must be delivered before the required date and time. The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Construction Document - Electronic, Revised 7-2007 GC-IB-2 16C2 . . f"'~ '1 Section 4. Riaht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Sianina of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn electronically at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids. Manually submitted bids may be withdrawn prior to the hour fixed in the Legal Advertisement for the opening of Bids provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted by the e-procurement website or Collier County Purchasing that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications Construction Document - Electronic, Revised 7-2007 GC-IB-3 16C2 shall be submitted to the Collier County Purchasing Department E-Procurement website: www.collierqov.netlbid to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of a written response, and shall be sent electronically to all known Bidders at their designated email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Any addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. In instances where the Owner has deemed the pre-bid to be mandatory, the Bidder's failure to attend the pre-bid conference shall result in the reiection of his bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Downloaded and examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Construction Document - Electronic, Revised 7-2007 GC-18-4 16C2 . , Section 10. Material ReQuirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to Construction Document ~ Electronic, Revised 7-2007 GC-1B-5 16C2 strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. Construction Document - Electronic, Revised 7-2007 GC-IB-6 16 C 2 !h~ 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Construction Document - Electronic, Revised 7-2007 GC-l B-7 16C2 " " Section 18. ImmiQration Reform and Control Act Bidder acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Construction Document - Electronic, Revised 7-2007 GC-18-8 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252-6098 FAX (239) 252-6596 16C2 www.colliergov.net/purchasing ADDENDUM #1 DATE: August 30,2006 TO: Interested Bidders I , I '('. FROM: John P Curran '/ - Purchasing Agent SUBJECT: Addendum # 1 - Bid #07-4190, "Rehabilitation of Master Pump Station 318" Addendum #1 covers the following change for the above-referenced BID: A complete set of Plans has been attached as part of this Addendum. There are a total of 11 sheets as part of the Set. Please note that Sheet 10 and 11 as shown on the Index of Drawings correspond to Sheet E1 and E2. 2. Stormwater Discharge, Sheet NO.3 - Motor Operated Valve Provide and install the required conduit and wiring to provide for power to new MOV and control interconnection between said MOV and the float terminal cabinet. Upon high level alarm, the float will send a signal to the MOV calling for it to close. The valve shall remain closed until it is manually reset. The MOV shall be fed from existing Panel "L" located in the onsite control building. Contractor shall provide and install (1) 3/4" conduit with (2) #10 and (1) #12 ground from MOV to Panel "L" and terminate at both ends. Termination in Panel "L" will be on an existing 20A/1 P circuit breaker. 16C2 "1 Control interconnection between the MOV and the high level float shall also be provided. Contractor to run y." conduit with required control cabling as specified by the MOV manufacturer from the MOV to the exiting wetwell interface cabinet where the float cables are terminated. Contractor shall provide terminations of control wiring at both ends. 3. Site Plan, Sheet NO.3 Upon additional site evaluation, the existing manhole to be raised is to have existing cone section removed with the 2' diameter riser section. A 4' diameter section shall be added and existing cone reinstalled. A new bolt down type manhole frame and cover shall be added. Only the new manhole section shall be coated with standard coal tar epoxy coating. 4. Site Plan, Sheet NO.3 The proposed above grade piping is to tie into the existing 20" force main with a 20 x 20 tapping sleeve and valve. (The 20 x 16 tapping sleeve and valve is in error.) 5. Site Plan, Sheet NO.3 Some clearing on both sides of the existing fence may be required for installation of the new wall. Where possible, existing trees will be saved by adjustment of the wall footing by "boxing" out a portion of the footing. 6. Notes, Sheet NO.3 Note NO.7 shall be deleted. No odor control work shall be required. 7. Building Plans/Elevations/Sections, Sheet NO.4 No painting of the existing interior or exterior of the control building shall be required. Painting, if required, shall be limited to any surfaces damaged by the Contractor's work. 8. Notes, Sheet NO.5 Note NO.1 shall be deleted. No odor control work shall be required. 9. Demolition Notes, Sheet NO.5 Note E shall be deleted. No odor control work shall be required. 10. Notes, sheet NO.5 For additional information on the electrical for the proposed Duplex Blower system, see the Electrical Plans. 11. Proposed Plan, Sheet NO.5 and Item Number List, Sheet NO.6 16C2 The following additional information is provided for the flow meter. The flow meter shall be a Krohne Optiflux 4000. The meter shall have a NEMA 6 rating. The flow converter shall be an IFC-020 with a NEMA 4X rating. Grounding rings shall be 316 stainless steel. Flow meter shall be rated for use with wastewater. Contractor shall reroute and use existing conduit run for instrument control power from the existing flow meter vault. Details (3) are attached for additional information on the flow meter/transmitter installation. 12. The Owner (Collier County) shall order and purchase the pumps and accessories for the proposed pump station. This shall include the following items: Pumps, pump discharge elbows, mounting plates, guide rails, cable holders and power cords to the new disconnects. Contractor shall be responsible for all other items including but not limited to piping, piping supports and concrete anchors. 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I SENSOR CABLE TO LOCAL INDICA TOR TRANSMITTER SEE LOCAL INDICATOR AND TRANSMITTER INSTALLATION DETAIL FOR ADDITIONAL INfORMATION. FLOW METER TRAt //- ,// f1 FLOW // GROUND RING . FLOW METER PEDESTAL #2 CU SOLID TINNED CONNECTION TO ~ BE MADE BY EXOTHERMIC WELD. -', "--- #2 CU llNNED SCUD BON! TO GROUND ROD. #2 CU SaUD TINNED DElElE GROUND ROIl TEST YtE1L fOR METER PIT INSTALlATION AND PRO't1DE SlfE'<[ IN BOTTQ,t Of PIT FOO GROUND ROD INSTAllATION; MAKE PENElRATlON WATER-TlTE. rGROUNDING CONDUCTOR TO BE ROUTED THROUGH OPENING/NOTCH IN COVER ".\'" :"".:':', :'.. PRO\/IlI! I'U.&I ON ClRACI! 'R!IlT W!\J. ItACI;eR~ I"'tCUlDoiI"",," co. -.vc CADWEl.D TO TOP OF ROO. '. '. . . .', ;'" ,I '1VVVVV VVVVVV 2 cu. FT, '1VVVVV CRUSHED ROCK #2 CU SOUD TINNED VVVVVV VVVVV~ vvvvvv -, , 3/"" D1A x 20' COPPER. ENCASED SlEEl ORD. ROO. GROUNDING OF MAGNETIC FLOWMETER No Scale 1 . . f:.J:'i' /- 2' AlUMINUM PIPE / / ~ TRANSMIT1ER // MOUNllNG / BRACKET ~/ T I i I = o ..- I ~I ! I.. d.::.. r 16C2 n'~ (J) I (J) (J) (J) (J) (J) 1 i I , / CONCRElE fLOOR / POWER AND SIGNAl SURGE SUPPRESSION. EQUAL TO EDCO TYPE "SLAC" WITH OPllONAL NEMA 4X STAINLESS STEEL ENCLOSURE, CONT. HINGE: TYPICAL ALL 120V POWERED lRANSMITIERS. PROVIDE EDCO TYPE "SS" SURGE SUPPRESSION ON LOOP POWERED lRANSMITlERS: CLOSE NIPPLE TO lRANSMITlER. 12"X12"Xl/4" AlUMINUM PLATE U-BOL T TO PIPE FLEX CONDUIT TYPICAL S.S. U-SlRUT SUPPORTS TYP. 120V POWER CONDUIT 4-20MA SIGNAl CONDUIT I --120V POWER YiP TOGGlE SWITCH 16 INSULA lED BOND WIRE /f WHERE EXPOSED: BARE IF / I EMBEDDED: FRDM/TO ALL / J CONlROL PANELS AND / ; INSlRUMENTS AND TO 20' j GROUND RODS OR PERIMETER ! GROUND SYS1EM. ELEVATIONS T 5/S"X 20' DRIVEN COPPER CLAD ROD INSTRUMENT ELECTRICAL INSTALLATION DETAIL No Scale r ~ . . ~3/416 C 2 3/8" ALUMINUM PLATE ~TH 3/8" U-BOLTS ~ED FOR EQUIP. MOUNTING DISCONNECT, CONTROL ~ PANEL, WIRING DEVICE OR ~ ELECTRICAL EQUIPMENT. SIZE AS REQUIRED o ~ N~ 'lJ. ->- _s 2" ALUMINUM PIPE AND FLOOR FLANGE r / o 10" PLAN ~ If) () ~ If) z 0 f- <( f- If) 0 -'-' I 0 ':..t 00: f- f- Z <( 0 f- 0 Z 00: => 0 0 LL :2 CONCRETE FLOOR ~WELO ,/ , ~l"MIN. "',...\ '+, DET AILS FLOOR OR PLA TFORM \ BASE PLATE AS DETAILED I .I I ' 2" ALUMiNUM PIPE . . ~. . .'~ '. - ~ '. '- .i '. .'~ . 'ILUMINUM BASE PLA / 1/2" CINCH ANCHOR ! I 80L TS AND NUTS if ,~CEMENT GROUT (TYP .", ,~,: : .... ,=' .: ": :: ".' .. . '. " ~ ," '- " '. ~ ", ~::'{;::.~::.... ii. NOTE: ALL MOUNTING HARDWARE TO BE STAINLESS STEEL. USE WASHERS AND SPUT LOCK-WASHERS UNDER ALL NUTS. ": ':~'j".:" . . '.. ~ ,., :1' :'.~:.'~.~': .' '.' BASE PLATE DETAIL N. TS ~ . PEDESTAL MOUNTED DEVICE No Scale . . 16C2 ,: ~,;,:f~ ".<.' ORIGINAL CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rehabilitation Of Master Pump Station 318 BID NO. 07-4190 Full Name of Bidder DOUGLAS N. HIGGINS. INC. Main Business Address 3390 Travis Pointe Rd.. Suite A. Ann Arbor. MI 48108 Place of Business 2887 Tamiami Trail East. Suite 1. Naples. FL 34112 Telephone No. 239-774-3130 State Contractor's License # CGC 060189 Fax No. 239-774-4266 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the OWner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number I Date Issued '2l3~/D7 { I Contractor's ~~~- ./ Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid pages. Construction Document- Electronic, Revised 7~2007 GC-P-1 16C2 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification, Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1, /}vcj//". Iro^,' C {)fV r y-"J.e. f:,'e J () <; Pot: / C€ft1r>Y 2. 3. 4. 5. BY: DOUGLAS N. HIGGINS. INC, Bidder v'e'~~J(,1. uUkic Dated September 14. 2007 Construction Document - Electronic. Revised 7~2007 GC-P~3 16C2 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 150f Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who include$ non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the Issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Categorv of Work Subcontractor and Address "7r:,"/I-,) /I' v .Il ':.s 11<"//11,,.5 /V, .1 #.5 ;:L ;:z' /;f",k/lc:It?6 1/;;/"." ,~f,y!//c'e. ~:;;'jo1"?A, ;::; L I 1. C ....) uvue (1 2. O-'N.~-Il/l/c..tJ 'v A' o de,) 3. 4. 5. BY: DOUGLAS N. HIGGINS, INC. Bidder f<u,{(~ c(., U),}j({Q () Dated September 14, 2007 Construction Document-Electronic, Revised 7~2007 GC-P-4 16C2'~ STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude cornpleted within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as cornpletely and as rapidly as required under the terms of the Agreernent. Proiect and Location Reference 1. (\~N-(( dleJ 2. 3. 4. 5. 6. Dated Septernber 14, 2007 DOUGLAS N, HIGGINS, INC. Bidder !<eJJA-1 4, /.tJ,i!kI..J U BY: Construction Document - Electronic, Revised 7-2007 GC-P-5 Project: Owner: Engineer: Contract Date: Completion Date: Contract Amount: Project Description: *""***** Project: Owner: Contract Amount: Contract Date: Completion Date: Description: 16C2 DOUGLAS N. IllGGINS, INC. EXPERIENCE STATEMENT RELEVANT FLORIDA PROJECTS Big Coppitt Wastewater Collection System FKAA Project #4002-00 DNT-I Project #925-06 FLORIDA KEYS AQUADUCT AUTHORITY IIOO Kennedy Drive Key West, FL 33041 Jim Reynolds (305) 296-2454 Boyle Engineering Corp 4415 Metro Parkway, Snite 404 Fort Myers, FL 339 I 6 Robert Garland (239) 278-7996 December, 2006 June 2007 $2, I 86,480.00 14,000 LF of Forcemain installed in US 1 FDOT right-of-way in the Florida Keys. Also includes Stainless Steel Bridge Pipe and 3,300 LF of Gravity Sewer Watermain Interconnect - Lee Blvd from SR 82 to Booster Station Project # B02 - LE 038 DNH Project II I 101-06 Florida Govel11lnent Utility Authority (fgua) 280 Wokiva Spriugs Rd, Suite 203 Longwood, FL 32779 Victor Hurlburt, PE with Malcolm Pimie (407) 659-5550 $2,884,382.00 J nne 06 April 07 1,000 LF of20" Watermain, 3,000 LF of 18" Watellnain, 700 LF of 16" Watermain, 3,300 LF of 10" Watennain, 3AOO LF of 8" Watermain along major thoroughfare (Lee Blvd) right~of-way. Project Owner: Collier Blvd Widening Contract #06-3881 R DNH Project #888-06 Collier Connty Purchasing Departmcnt 330 I Tamiami Trail East Naples, FL 34112 Contract Amount: Contract Date: Completion Date; Description: 16C2 Steve Ritter (239)253-1154 $12,000,000 October 06 June 08 9,000 LF of24" Watennain, 3,600 LF of 12" Watennain, 2,700 LF of 12" Forcemain, 16,500 LF of24" to 54" RCP Stonn Pipe in County Road Right-of-Way. Project; Owner: Contract Amount: Contract Date: Completion Date: Description: Alico Rd Interchange - 1-75 FOOT Project: 200965-1-52-01 DNtI Project #880-05 Florida Department of Transportation I Lee County Utilities Contact: Kiewet Southern - John Conllell- 863-284-5727 Contact: Lee County Utilities - Tom Boyle - 404-392-9660 $1,288,742.63 October 05 June 07 7,500 LF of36" Ductile Iron Pipe Water Main in the FOOT right-of-way. Gilbert Sonthern supplied the Pipe. We worked as a subcontractor under Gilbert Southern. The ovroer of the watermain is Lee County Utilities _____~~____~~___~______~__~__~~________~~__~_~~_____~~___~w~~___~______~_w_~w__________~___~______~w______w_____________~~~~__~~_"____~__________ Project: Owner: Engineer: Contract Date: Completion Date: Contract Amount: Project Description: WW-IOC Everest Outfall Pressure Main projeet II 7011834 DNtI Project 111100-05 City of Cape Com I OUf Contract was with Eogineer (MWH) MWH Constructors, Jnc. 2503 Del Prado Blvd, Suite 430 Cape Coral, FL 33904 Maxim Bouga (239) 458-4729 January 2006 July 2006 S 1 ,83 7,400.00 ............ ..... ... ... ..Il......... I... I........... ..... .... .......... ....... ..... I.... ..., Installed 6,400 LF of24" outfall watermain including all tie-ins & restoration. projeet: Owner: US 41 Water Main, CR95 I - Manatee Rd Contract 05-3866 DNH Pl'Oject #940-05 Collier County Purchasing Department 3301 Tamiami Trail East Contract Amount: Contract Date: Completion Date: Description: 16C2 Naples, FL 34112 Ron Dillard (239) 530-5338 $1,061,835.55 October 05 June 06 6,500 LF of 16" Diameter Watcr Main & 1,250 LF of 18" Diameter Watennain in the U.S. 41 ROW ~--------~----------------------------------~-------------------------~~----------~--------""----------------~----------~~~~~----~--------------~ Project: Owner: Engineer: Contract Date: Completion Date: Contract Amount: Project Description: ******* Project: Owner: Engineer: Contl1lct Date: Completion Date: Contract Amount: Project Description: Bay Point Water and Wastewater Systems Improvements FKAA Project #'s 2203-03 & 4005-00 DNH Project #710-04 FLORIDA KEYS AQUA DUCT AUTHORITY 1100 Kennedy Drive Key West, fL 33041 Jim Reynolds (305) 296-2454 Boyle Engineering Corp 4415 Metro Parkway, Suite 404 FOIt Myers, FL 33916 AJrred J. Mittle (239) 278-7996 April 2004 September 2005 $5,591,535.27 Installed 5,000 LF of watermai.ns, 15,000 LF of vacuum main, a US I Bridge Crossing, and a $2, 100,000.00 Waste Water Treatment Plant. All of this work was in the Florida Keys and included US I FDOT right-of- way work. City of Layton Wastewater Management System Project # 6701863 DNH Project #900-05 FLORIDA KEYS AQUADUCT AUTHORITY 1100 Kennedy Drive Key West, FL 33041 Jim Reynolds (305) 296-2454 Brown & Catdwell (Part of Design Build Team March 2005 March 2006 $2,30 I ,000 Installed gravity sewer including pump stations for the City of Layton in the Florida Keys. \Vork included 7,000 LF offorcemain along US I FDOT right-of-way. ******* Project: Owner: Contract Amount: Contract Date: Completion Date: Description: 16C2 Naval Air Station ~ Repair Stolm Water & Sanitary Sewer Systems - NAF, Key West Contract N62467-03-0282 DNH Project #825-03 U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293-2841 David Franklin (843) 820-5733 $3,654,654.00 November 2003 December 2004 Remove, Replace, Install new Storm Water & Sanitary Sewer Systems on various Naval Properties ........................................................................................... ******** Project: Owner: Contract Amount: Completion Date: ******* Project: Owner: Engineer: Contract Date: Contract Amount: Project Description: Naval Air Station ~ Replace Sewer- Tmmbo Point- NAF, Key West Contract N62467-0 I-X-0387 DNH Project #880-01 U.S, Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293-2841 David Franklin (843) 820-5733 $1,859,155.00 November 2002 Sanitary Sewer Rehabilitation for Service District F & G DNH Project # 1125-00 City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292-5600 CH2M Hill 3011 S.W. Williston Road Gaioesville, FL 32608-3928 Joe Castronovo (352) 335-7991 July 7, 2000 $6,994,597.15 Installed approximately, 23,550 L.r. of 8", 1,870 L.F. of 10", 1,625 L.F. of 12", 2,325 L.F. of 15" and 45 L.F. of20" of sanitary sewer and related appurtenances. Completion Date ******* Project: Owner: Contract Amount: Completion Date: ******** Project: Owner: Contract Date: Contract Amount: Completion Date: ******* Projed: Owner: Contract Amount: Completion Date: ******* Project: Owner: October 2002 Naval Air Station - Lift Station Transmitter System- Sigsbee Park - NAS, Key West Conn'act N62467-0 I-C-2766 DNH Project #880-01 U.S. Department oftbe Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293-2841 David Franklin (843) 820-5733 $529,514.50 September 2002 Interior Electric Renovation at East Martello Tower Monroe County~ FL DNH Project #840-02 Monroe County, Florida August 21, 2002 $69,000.00 September 2002 Naval Air Sta~tion - Replace Sewer - Truman Annex- NAS, Key West Contract N62467 -0 I-X -03 70 DNH Project #825-01 U.S. Department oftbe Navy p.o. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293-2841 David Franklin (843) 820-5733 $1,276,321.00 August 2002 Sanitary Sewer Rehabilitation for Service District C DNH Project ff I 025-99 City of Key West 525 Angela Street Key West, FL 33040 16C2 Engineer: Contract Date: Contract Amount: Project Description: Completion Date: ******* Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: ******* Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: ******* 16C2 David Fernandez (305) 292-5600 CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608-3928 Joe Castronovo (352) 335-7991 January 5, 2000 $6,291,463.36 Installed approximately 425 L.F. of6", 25,050 L.F. of 8", 425 L.F. of 10", 1,700 L.F. of 12", 400 L.F. of 15" and 1 ,350 L.F. of20" of sanitary sewer and related appurtenances. March 2002 City oCKey West Pump Station A Rehabilitation and Force Main DN H Project #01-1225 City of Key West 525 Angc la Street Key West, FL 33040 David Fernandez (305) 292-5600 Allen Perez, P.E. (305) 292-0642 March 23, 200 I $941,759.00 December 200 I Flagler Interceptor) Phase JI Sanitary Sewer Rehabilitation DNH Project #925-99 City of Key West 525 Angela Sh'eet Key West, FL 33040 Ed Doty (305) 292-5600 CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608-3928 Joe Castronovo (352) 335-7991 March 31,1999 $5,114,565.16 June 2000 TRENCH SAFETY ACT 16C2 Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990, The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) Unit (Quantity) Unit Cost Extended Cost 'zoo. vi? Failure to complete the above may result in the Bid being declared non-responsive. 1. S /D 0 11/'/ / 1/2. ,,0 Lf 100 2. 3. 4. 5. TOTAL $ 200. "" Dated September 14. 2007 DOUGLAS N, HIGGINS. INC. Bidder kd1~~ a, iAA)j(A-L BY: Construction Document - Electronic, Revised 7~2007 GC-P-6 16C2 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents, The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notrfies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred and Twenty (120) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfullv Submitted: State of /VI I Ul/1tjtU1 County of I!Vt(.fflllt.VfJW Kef {\f /I, W,/ku::. , being first duly sworn on oath deposes and sa.ys that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. ,td It! A. wf/;;ui , also deposes and says that it has examinEid and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. Constfuction Document- Electronic, Revised 7~2007 GC.,P-7 16G2 (a) Corooration The Bidder is a corporation organized and existing . I' I.i' '1 . which ... operates under lv,.I,'o,t rI1J,.Tn:..', s follows: \ \ presidentPOL:q ItlJ IV, (Ii fit)' iZl Secretary (<, Su Zdl1ttC, Ifzlu.J/i'ty' Treasurer lL ,(U2IU1 J1{~ j+~U/J f; tr t/;t.e--ft,f;/i#:/f l)lil1;'el N., dl~c: IrIS, M/ltCUJ1J) !JifllY;~ \).4,1J7eS IUi~ " " ' , ". ,) . I f' < j 11( 4<;<iv; / t:Le The ',LL fl, ~~ I<u: !/;C'rZr/J(("'i)(/cl1 is authorized/to sign construction bids and ontracts for the company by action of its Board of Directors taken ,U 1:5' o{XF - , a certified copy of which is hereto attached (strike out this las sentence if not applicable), under the laws of the State of the legal name of , and the full names of its (b) Co-Partnershio The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED SV",;{f}/l1tJ{( I'~ 7/:.;07- I legal entity Construction Document - Electronic, Revised 7-2007 GC-P-8 16C2 .- >.. Lt/.V\ j)!1~ . ~ Witness ~ !JIM l !/{A1/~ Witness v (J BY: )]udas j\J ,W~~1~ J t.K.. J?1(, Name'of Bidder (Typ t{~{.ilt Cl. WLL/Cl~ SignaturEL) VI{~> J~f:?E;Kie;r/ Title STATE OF jVJt't41/(;jtLlJ u COUNTY OF WtlFh/(htUU The foregoing in~tru ent W?13 a,cknowledged before me this /t/:aay of -!ffIj1t1l1h'< 2007, by lid.&. VV, ~ , as /ie/{1,c.:(! ref//.:- of JAY rd I.,c. }1S J'1k;., ,a !l/tiC11IqFI)/) corporation, on behalf of th corporation, He/she is .Jlersonally known' to me or has produced ---.. 'n_._..,.._..> as identification and did (dicj.Qot) take an oath. H. !;;l)Z!~NNC: HAWKER Npti:Uy 'Pu~~lic" Vit~~l1t~mfl'tJ .county, ~AI Niy CommisSlcn E):plres lvw,( 7. 20' I NAME: ):!J /~(ytl<M...- jjeUJJl2.vL (Signature' of Notary) fL (' p/2.rJ!11J10 fitlj,;jk.er' (Legibly Printed) My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of IUi{;I1~9Cll1 Commission No.: Construction Document - Electronic, Revised 7-2007 GC-P-9 16C2 CERTIFICATE OF SECRETARY The undersigned, being the duly elected secretary of Dougli3cs N. Higgins! Inc., a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Directors of said corporation at a meeting held on May 15,2007 and that said resolution is in full force and effect: "RESOLVED, That the following listed persons are hereby authorized to execute, on behalf of Douglas N. Higgins, ,Ine., any and all contracts and documents." Douglas N. Higgins ~e~ <, ~JJl~ , h!~,- l7!Jr- ~~ f)~ ct. WjJu~ Daniel N. Higgins William D. Higgins James H. Sweet Kelly A. Wilkie ,,,,,' it } I .. ,J( 0C{~(hCi-<..-...AV.lLa;/f..L'-- R. Suza ne Hawker Secretary Dated: May 15, 2007 16C2 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Douglas N. Higgins, Inc. (herein after called the Principal) and Hartford Accident and Indemnity Co. , (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal offices in the city of Hartford and authorized to do business in the State of FL are held and firmly bound unto the Board of County Commissioners Collier County, FL (hereinafter called the Owner), in the full and just sum of Five percent of the attached bid dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Rehabilitation of Master Pump Station 318 Bid No. 07-4190 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided In the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. Construction Document - Electronic, Revised 7-2007 GC~P-10 16G2 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 14th day of September ,2007, Douglas N. Higgins. Inc. Principal BY (Seal) Surety Local Resident Producing Agent for Dc., Ann Arbor, MI 48106 (Seal) P.clls fl. R.Ji!!lmt 1;,"Wt ...-/ .al1iJ & Co. 2001 ffi'llDRIlIM>. ~~r~ fl 33112 ;. :t~f.'~) ,,',~ \l-')1K) Hylant Group, 24 Frank Lloyd 1~right Countersigned Construction Document - Electronic, Revised 7-2007 GC~P-11 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: lbt.:2 Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103,690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 35-350851 ~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the Slate of Connecticut ~ Hartford Casualty Insurance Company, a corpomtion dilly organized ullder the laws of the State ofIndiana [K.=J Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State OfCOIUlccticut c:=J Hartford Underwriters Insurance Company, a corp~>ratiol\ duly organized under the laws ofthe StnID of C01Ulecticut c=J Twin City Fire Insurance Company, a <:OI"pomtion duly organized undertbe laws of the State ofIndiana D Hartford Insurance Company of illinois, a corporation duly organized under the Jaws oflhe Slate of Illinois c=J. Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ot'the Slate oftndiana (==:J Hartford Insurance Company of the Southeast. a corporation duly organized under tbe laws ofthc State ofFloridn. having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Heather M. Jotmson, Judy K. Macklem of Ann Arbor, MI their true and lawful Altomey{s)~in~Fact, each in their separate capacity if mote than ons is named above, to sign its name as surety(ies) only as delineated above by 18), and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of personsl guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals .to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Ot.~ () wJ '7,0h.VV'-' Paul A Bergenholtz, Assistant Secretary David T. Akef$, Assistant Vice President STATE OF CONNECTICUT} ss. Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known. who being by me duly sworn, did depose and say; that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice P(esident of the Companies, the corporations desctibed in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Drrectors of said corporations and that he signed his name thereto by like authority. <f.:<e....&:: ~ CERTifiCATE I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is still in full force effective as of September 14, 2007. Signed and sealed at the City of Hartford. ., @."""~' "".~ '". -.-..;- \~,~i '.~""_'...;'.P ......~, -D~70E g Scali E, PilSc!;1l NoulryPtlblic. lI.lyC0Il1111ission ExpircsOtlol1er31,2007 frfJfyl;;;. ir-- -- Gary W. Stumper. Assistant Vice President POA1005 16G2 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1, The Bid has been signed, 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked, 4. The payment terms have been indicated, 5. Any required drawings, descriptive literature, etc. have been included~ 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <::>Bid Number: <::>Project Name: <::>Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified openinq date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET /)OO( () leu N, 1f)3,(1114,( :tnt', Bidder Nah'ie v t UfM it LLlJ.JvJ., V/'ce ~f(f8} dj~/1 f Signature ~Jitle DATE: September 14, 2007 Construction Document - Electronic. Revised 7.2007 GC-P-12 l'&C-2 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Douglas N. Higgins, Inc. ("Contractor") of 2887 Tamiami Trail East, Suite 1, Naples, FL 34112, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Rehabilitation of Master Pump Station 318, Bid No. 07-4190("Project"), as said Work is set forth in the Plans and Specifications prepared by Q Grady Minor and Associates, PA, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike rnanner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreernent to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreernent: seven hundred eighty four thousand dollars and zero cents ($784,000.00). GC-CA-1 16C2 Section 4. Bonds. A Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liquidated Damaaes. A Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One Hundred and Twenty (120) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC-CA-2 16C2 such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand and Four Hundred and Twenty Three ($1,423.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. GC-CA-3 16C2 G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit N: Exhibit 0: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Q Grady Minor and Associates PA and identified as follows: Rehabilitation of Master Pump Station 318 as shown on Plan Sheets 1 through 11. Contractor's List of Key Personnel Stored Materials Record GC-CA-4 16C2 Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Sandy Sridhar, Project Manager Collier County Public Utilities Engineering 3301 Tamiami Trail East Naples, FI 34112 Tel: 239-530-5345 Fax: 239-530-5378 Email: SandySridhar@colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Kelly A. Wilkie, Vice President Douglas N. Higgins, Inc. 2887 Tamiami Trail East, Suite 1 Naples, FL 34112 (239) 774-3130 FAX (239) 774-4266 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-CA-5 16C2 Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it Section 10. Successors and Assiqns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement Section 11. GoverninQ Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Aqreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. ChanQe Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. GC-CA-6 16C2 Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** GC-CA-7 16C2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: By: Douglas N. Higgins, Inc. UL~ rA, LlJ&tL ( . Kp I \'~ 1+, WIIKi~ \1/ Cl- pres \,dcllt 'TYR /Print Name and Title D(Wi d L\h j KJC Type/Print Name ~l~ j{~ ECOND WITNESS JUlrYlf.'> S\vec t Type/Print Name Date: \ 0-...... ~ -- Cll::Oi OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk ~? / dJ/f L BY:l).uu. 1\lJ~J..d).G. BY: ~ attwllS to ~M1U" (I Jaml Coletta, Chairman .t~ QII). ApproveaAs 10 Form and Legal Sufficienc~) II: , \ cvv\ \ ft.," . Print Name: 'I~f"\' i}'['IIV- Assistant Count} ttorne~~1 Item # ~ ~ t.L.. ~.genda l D ~ "() 1 Date __ Dai~ l'a' <]-I--() Reed GC-CA-8 16C2 EXHIBIT A PUBLIC PAYMENT BOND Rehabilitation of Master Pump Station 318 Bond No. 35BCSEN7456 Contract No. 07 -4190 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc., 3390 Travis Pointe Rd., Ste. A, Ann Arbor, HI 48108 , as Principal, and Hartford Accident and Indemnity Company , as Surety, located at PO Box 3001, Troy, HI 48007 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier as Obligee in the sum of Seven Hundred Eighty Four Thousand Dollars and 00/100 County, FL ($ 784,000.00 ) for th'e payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 12th day of October 2007, with Obligee for Rehabilitation of Master Pump Station 318, 07-419 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number cif suits that may be filed by claimants. IN WITNESS WHEREOF, tbe above parties have executed this instrument this 3rd day of December 2007, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Construction Document - Electronic, Revised 7w2007 GC-CA-A-1 16C2 Signed, sealed and delivered in the esence of: eM 11 ',. L.(.J. /./. r:::. . .-.f.---" ~ ..J C1.J~ Wt . t p' . I ~ . ~ pc~ I nesses as 0 nnClpajW'r'1<" -'I '. " PRINCIPAL Douglas N. Higgins, Inc. BY: NAME: ITS: ~6~~ET~~F 1"1 \~~~~~~t\ (ltv' . The foregoing instrument was acknowledged before me this3rc~ day of b~~('e{'Vllxr 20ft, by ~<ellu 1\-, lJ-.,IJ KLe , as :~lct-aJ,'eSi dcflt of HC } . Jtl ',. 1 :', 'le ,a /JLI (t~i (~.J\ corporation, on behalf of the corporation. e/she is _..9nallYJ5.[10Wn to me OR as produced as identification and did (dig,not) take an oath. R. sUZ.,",!",(\'JE HAVFKER t";O~i:H:/ f':"l;:'\~ Co:.mty, MI f.}~' C':dllr_iSS;t>1 M,,:r 7, 2011 NAME: ;t &eZia~ Aa.u/;II..u- (Signatur f Notary) R, i WZt1 VI flc, i+?tWK~ ~- (Legibly Printed) My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: A-/ ' cIA W)€u? ,J ATTEST: SURETY: Hartford Accident and Indemnity Co. (Printed Name) PO ,Box 3001 Troy, MI 48007 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) Construction Document - Electronic, Revised 7-2007 GC-CA-A~2 16C2 ~ OR Q1~ Heather M. Johnson (Printed Name) 24 Frank Lloyd Wright Dr. Ann Arbor, MI 48106 (Business Address) (734) 741-0044 (Telephone Number) STATE OF MI COUNTY OF Washtenaw The foregoing December instrument was acknowledged before me this 3rd day of , 2007, by Heather M. Johnson , as of Hartford Accident and Indemnity Co. Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission EXPires~}J6}-.. ) 01,5 'Y:we!A' tJM4-1~~ (Signature) . Name: AI/ !ck, W, / S' ate- (Legibly Printed) Notary Public, State of: MI Commission No.: (AFFIX OFFICIAL SEAL) Construction Document - Electronic, Revised 7-2007 GC-CA-A-3 16C2 EXHIBIT A PUBLIC PERFORMANCE BOND Rehabilitation Of Master Pump Station 318 Bond No. 35BCSEN7456 Contract No. 07-4190 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Higgins, Inc., 3390 Travis Pte. Rd., Ste. A., Ann Arbor, HI 48}.QiS Principal, and Hartford Accident and Indemnity Company ,as Surety, located at PO Box 3001, Troy, HI 48007 (Business Address) are held and firmly bound to The Board of County Conunissioners of Collier County, J<;Las Obligee in the sum of Seven Hundred Eighty F~ur Thousand Dollars and 00/100 ($ 784,000.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 12th October , 2007, with Obligee Rehabilitation of Master Pump Station 318, 07-4190 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. day of for THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. Construction Document - Electronic, Revised 7-2007 GC-CA-A-4 16C2 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 3rd day of December , 2007, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed sealed and delivered in the esence of: tfi' ,. 1# . . 1/ ~ l% i Lei ,1<: :,~~- ,(t~ Witnesses as to PrincipaUcl.ll1CS: S v. e,'1- NAME: ITS: PRINCIPAL Douglas N. Higgins. Inc. BY: 1<'" tj OJ W J}KA-e ~e~i~ A. Wi Ibe I . -Po' p" I ~r n-r STATE OF COUNTY OF 1\\1 ()liOidJl iAJO\ 1,1-1('J~ (l.",,; The foregoing instrument _Due:'}" ba ,2007, by vi (f / p' ,'so .101 t- ;\'\1 Ct,~i"j/[/1 personally own to '--- .......---..- F. :',_ '~:\';:~l[ !-;l\.\r~'XE:1: . wZ~5~,::'~.~:~"'i.\,;'~L;n:y~ M: t:..; J; I t..~,;\, ,,:<i 1, <;~(.) j 1 was acknowledged before me this ;)l'd t,el/y A. Cd It:.i" of' . ,ilAcict.....' itlee :VI:" 1;;')(" corporation, on beha of the c me OR has produced as identification and did (diQ'.not) take an oath. '1? '&?:lu~r-L- ./2lau'~ (Signature)O Name: f( ~v[l(UliJc Haw~t't (Legibly Printed) day of , as , a He/she is My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of: ILl; (41IUU') './ Commission No.: Construction Document - Electronic, Revised 7~2007 GC-CA-A-5 16C2 ATTEST: SURETY: Hartford Accident and Indemnity Co. (Printed Name) PO Box 3001 Troy. MI 48007 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR f)k~ Heather M. Johnson (Printed Name) 24 Frank Lloyd Wright Dr. Ann Arbor, MI 48106 (Business Address) (734) 741-0044 (Telephone Number) STATE OF MI COUNTY OF Washtenaw The foregoing instrument was acknowledged before me this 3rd day of December , 2007, by Heather M. Johnson ,as Attorney in Fact of Hartford Accident and Indemnitv ,08. Surety, on behalf of Surety. He/She is personally known to me OR has produced ... '. as identifcati.~n and .whO. d~;di~ not) take an oath. My Commission Expires: Ai 6 r.) 6;3 () ~ h.fG ( ignature) Name: N/ ttr ); !r6)~ (Legibly Printed) Notary Public, State of: MI Commission No.: (AFFIX OFFICIAL 3EAL) Construction Document - Electronic, Revised 7-2007 GC-CA-A-6 POWER OF ATTORNEY Direct InqUirieS/Claim! t09 C 2 THE HARTFORD BOND, T-4 P.O. BOX 2103,690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 35-350851 ..NOW ALL PERSONS BY THESE PRESENTS THAT: OCJ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut OCJ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana OCJ Hartford Accident and Indemnity Company. a corporation duly organized under the laws of the State of Connecticut D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State ofCOImecticut D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana D Hartford Insurance Company of Illinois, a corporation duly organized under the Jaws of the State ofll1inois D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Heather M Johnson, Judy K Macktem of Ann Arbor, MI their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. eQl. .....",._..~._,~"" ~~ . :O.--;,.~"",p..r~\l: ~~~ ~~, .' . \;~;;i2; f~O 0\ ~ ((.J ! <c_v--Gt.-' / ~ _./1 (.., 7 c:iA- WL Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT} SS. COUNlY OF HARTFORD On this 4th day of August. 2004, before me personally came David T Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ~ ^ .(;//) ~,%(: /.~ CERTFICATE I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of December 3, 2007. Signed and sealed at the City of Hartford. @ . 0~~"S lUP f.'~<O;" . -'.. - \,.~E . ~'''~~.;;;,~.''~ /l")lV -iylc- ( Gary W. Stumper, Assistant Vice President POA2005 From: Karen Collins At: Hylant of Ann Arbor FaxlD: To: Cheryl Daleo 12117120071:6M~a2 of3 L _ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID 00 I DATE (MMJDDNYYY) HIGClI-5 12/17/07 :lDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATiON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hylant Group - Ann Arbor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 24 Frank Lloyd Wright Dr J41 0 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ann Arbor HI 48105 i I NAIC# Phone:734-74~-0044 Fax:734-741-18S0 ! INSURERS AFFORDING COVERAGE -i'I~ISTiRED-- .~.._._". IINSlJRERA ..- ~~~~~~n Casualty company ~2042.?~ L:~,~~~~_~~_~.' Tra.~sporta~_.!?_~_. Ins..: Co. 020494 Douglas N. Higgins, Inc. i lNSUHER C conHI"'n~..l cuu.lt.y Conp.nx 020443 '---'-" 339 Travis po~nte, Suite A ! INSURER 0 Columbia Casualty Company 31127 Ann Arbor MI 48108 Valle" F;-~~e -".-.--. - ; INSlJRERE Ins. Co. 020508 COVERAGES THr:: POlICl[S OF INStJRP-.NCELlST[O lJCLOW I lAve OECN ISSUED TO 111[ INSUReD NA!-I.EDAOOV;: FORTHF. POLICY PERIOD IND1Ci"Jm, NOTW!TI1STANDH":G P-NY fiFOUiRF;ktFNT, TERM OR CONDITION OF ,"NY Cmfl'RACT OR OTHER DOCUW.;:tJT WITrl RE~,pECTTO W~lICH nilS CFRTIClCATF VAY BE ISSUEO OR M"Y PERIAIN. IHf. INSURANCE A!-'FORDED~'" IHE POliCES DESCRiBED Hf.Rf.1N IS SUI,M:CI TO ALL THe. TERMS. EXCLU510~jS I>NO CCNDI1I0NS Of SUCH POLICIES. AGSRF.GA1E UMiTS SI-'.owN WAY Ii"-VE BEEN REDUCED 8Y PAID CAlMS ~R mRr PTI(rCYEFF'E'CTJVI:-- .--. _.n_ - TYPE OF IMSURANCE POLICY NUMBER DATE (MMJDD1YY DATE IMMlDDfi'Y) LIMITS ~1'IERAl LIABILITY [AC11 OCCURRENCE i 1,000/000 12/10/07 12/10/08 '"DJlJ. "r:: 'I:' I: A X X CO\l.VERCIAL GFI','FRJll. I U\8I1lTY C161922047 I~~,-EMISE:,~ J~.~:!:l~.~l,!.rc(1t::~} 5200,000 - ~ CLAIMS M"'DE [,ill OCCUR MEDEXI' (Pr-y one p5r~onJ "..-- $15,000 - -"- Includes XCU PERSOiWlL Ii ADV INJuRY $1,000/000 .- - - X contractual Liab GE;_ER/lJ_ AGGREGATE $2,000/000 - ...,- ......,--,- .~~.rn jl.GGR,EGZll~~~.,.p?~~FER PRODUCTS . cb~(J>/O? AGoG '2,000,000 ""1 POL ICY X -iCeT LOC ~TOIo1QeILE LlAelLll1' COM31NED SlNGLE LIMIT Sl,OOO,OOO '" X fJ.^'{AUIO C161922033 12/10/07 12/10/08 (Ea ~ccir!enl) = ----- m__.. - Nt OWNED Auras HODIL Y !NJU.1Y (i--'erol'rson) $ SCrl::DUi-ED AUTOS - ".~-- ..- X HIRED AUTOS BODIL Y :NJU~Y (per ~ccid,-,r,!) , - -"- NO!~.OW;~ED ,l..UTOS I -...--- - - ,- PROPERTY C/W\AG!:: . (p(l(~c-cidenll GARAGE LlABILllY "'UTO Qi\'l Y - EA ACCIDENT , I~ .^M AUTO -_.~ OTH::;:~ TH^N EAACe , AllTO O:--t.Y AGG , EXCESS/UMBRELLA LIABILITY I EACH OCCURRf.NCE S 10,000,000 B D occu;.r, D Cl.AIMS l.t"Df C161922050 12/10/07 12/10/08 ~~,~~~.~ ...m _~'..~n~ 000,000 ...".-..... ~ --- 2.___ DEDUCTlS:...E $ -.--.. ._n"____ X RETENTION SlO,OOO , WORl(ERS COMPENSA110N AND XITO~~1 Tor,,: EMPLOYERS'LIAGILlTY .__._--_._~-- C ANY PROPRIFHlRlPAH11\:ERJEXECUTIVE WC161922016 12/10/07 12/10/08 E.L EAC-{ACCID~NT S 500 J 000 OfFIC1:RI1&JvBER EXCLUDED? ~~E EII.!~~~P.LOYEE $500,000 lIyu,des~ribilunt!e.r I E.L. DISEASE. rOUey LIMIT S ~, 000 I 000 SPFC'Al. PROV1SK1NS helW.. OTHER I 0 Professional and CZ8276202771 01/03/07 01/03/08 2,000/000 Pollution Liab 25,000 ded DESCRIPTION OF OPERATIONS Il.OCATIONS, VEHICLES I eXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL pROVISIONS Job - Contract #07-4190 II Rehabilitation of Master pump Station 319" Additional Insured for General Liability - Board of county COllunissioners, Collier County, FL. CERTIFICATE HOLDER CANCELI.ATION COLCOa 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVoR TO r.-lAlL 30 DAYS WRITTEN Collier county Board of county commissioners 3301 Tamiami Trail East Naples FL 34412 I-JOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL IMPose tlD OBLlGATlON OR LIABILITY OF ANY I{INO UPON THE INSURER, ITS AGENTS OR REPRESEhITATlVES. AUTHqlJlzeO RePRE)"9'IT~IVjS _ ..1 I ACORD 25 (2001l0S) @ACORDCORPORATION 1988 From: Karen Collins At: Hylant of Ann Arbor FaxID: To: Cheryl Dale, '2/17/2007 0129 PCC2f3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions ot the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate hoider in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between tile issuing rnsurer(s), authorized representative or producer, and the certificate hofder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001lOB) 16C2 EXHIBIT B . INSURANCE REOUlREMENTS o CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida. As described in the attached Contract Insurance Requirements form. o The OWNER shall procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project The property insurance obtained by OWNER shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents o OWNER and CONTRACTOR waive against each other and Owner's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from Owner's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. o The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. o CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this Article 3, and certificates attached as Exhibit B to this Agreement Certificates must identify the specific Project name, as well as the site location and address (if any). o 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 interest's provisions. o Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: . Collier County . Board of County Commissioners . Naples, Florida o The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services 16C2 EXHIBIT B Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR must identify on the Certificate ofInsurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. o Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. o The CONTRACTOR and/or its insurance carrier shall provide 30 days written notice to the OWNER of policy cancellation or non-renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immedialely take steps to have the aggregate limit reinstated to the full extent permitted under such policy. o Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. o If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. 16C2 EXHIBIT B Co~r County "'~ COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS (Checkl X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and Reauirements Empjover's Liabilitv $500,000 $1,000,000 Commercial General $500,000 per occurrence X $1,000,000 per occurrence Liability (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damane damaae Hanaarkeeoers Liabilitv $500,000 oer aircraft $1,000,000 oer aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaae dama~e X Business Automobile $500,000 per occurrence X $1,000,000 per occurrence Insurance bodily injury and property bodily injury and property damaae dama~e X Pollution Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence bodily injury and property bodily injury and property damaae damaqe Builders Risk Insurance OWNER Will Purchase-Reolacement Cost- All Risks of Loss I INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be accentable. Thirty (30) Days Cancellation Notice required on Agreements. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liabilitv and/or Airport Liabilitv where reauired. 16C2 COUNTY OF COLLIER STATE OF FLORIDA) EXHIBIT C RELEASE AND AFFIDAVIT FORM Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2007 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2007, by ,. cl ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) _lAFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Construction Document - Electronic, Revised 7-2007 GC-CA-C-1 16C2 EXHIBIT 0 FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: = Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved By OWNER'S Project Manager (Signature) DATE: (Type Name and Title) Construction Document ~ Electronic, Revised 7-2007 GC-CA-D-1 1 6 C 2 '1I;1~ I ~I~ wW I ~i~ - ,--.1'-4 ~.~ :;:'loW . ~I~ W I- <C(wll:::c( 1-..,10:0 I', ,I el~:;; 0 ie;"" l- II/ ~I~! - _II ~@ I ttTlll I 0!1~ ,I~ ,ILlil 01 ~~ '-J#~w ,fl 'IIII'~I ~~ o . .' :E' - c :I~, I 'I' g,1 5 ~ ::> ,I '" ~- I~ t+jl-~I ~ ~ I~ III'! I ~ ~ 'mj 01 ~~ , III ~,~II I "WI~I I I I I ~i>' I 'II I, III III I I ~I I 1- III ~I ~ I C I~ II III I~ I I, I I i 1~1~111 ~'*I' I~ I till ~I~I ! 1:1;;1 1 I~~ I "I' . lj ~ 1 r 01" , I ~~ ' I I~~H+I ' :;121 ' Ijl; III. I if'iIH+lj- ;I~ ' II I~I~ 11II !~~l-II .--L Inlllll ~I~ : l~I~lltr I I- ," 0 III I jl~1 "I II J ~'~'I' ~ .ll: .;1.8 E '~'~I!II H~ I' I ~1.2.~1 . EEl u o ~ ';i~11 I ~ ~',;I~' I- 1: ~ ,!:Oil' i o !n,W I I I- IO,~u., ' :'~ ~ J I ~BfL I~ I~I~;;IIII' ' ~~I~I i i N o J:: u U C) "" o o N ,.:. '0 ID W 'S; ID "' <i C e 13 ID iiJ I C ID E ~ u o o c o U 2 ;; c o U 16C2 H: EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: FROM: Collier County Government Construction Agreement Dated: Date: Change Order Description Original Agreement Amount. ............. Sum of previous Change Orders Amount This Change Order Amount ....... Revised Agreement Amount.. .....$ ..$ ......$ .....$ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by Date: Purchasing Department GC-CA-E-3 Authorized by Director (For use by Owner: Fund Numbe~ ) Cost Center: GC-CA-E-4 Date: 16C2 Object Code: Project 16C2 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Construction Document - Electronic, Revised 7-2007 GC-CA-F-1 16C2 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2007 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2007 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2007 OWNER By: Type Name and Title Construction Document - Electronic, Revised 7-2007 GC-CA-F-2 Bid No.: Contractor: 16C2 EXHIBIT G FINAL PAYMENT CHECKLIST Project No.: Date: ,2007 The following items have been secured by the for the Project known as Original Contract Amount: and have been reviewed and found to comply with the requirements of the Contract Documents. Commencement Date: Final Contract Amount: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Actual Final Completion Date: YES NO Calendar Days. 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other If any of the above is not applicable, indicate by N/A If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) Construction Document - Electronic, Revised 7-2007 GC-CA-G-1 By Design Professional: By Owner: Construction Document - Electronic, Revised 7-2007 GC-CA-G-2 16C2 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 16C2 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: Construction Document - Electronic, Revised 7-2007 GC-CA-H-1 16C2 those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. Construction Document - Electronic, Revised 7-2007 GC-CA-H-2 16 C 2":f~ 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. Construction Document - Electronic, Revised 7-2007 GC-CA-H-3 16C2 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. Construction Document - Electronic, Revised 7-2007 GC-CA-H-4 16C2 ' 4.7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments othelWise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or e:;uipment; (d) reasonable doubt that the Work can be completed for the unpaid bal:lce of the Contract Amount; (e) reasonable indication that the Work will not be comp,eted within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. Construction Document - Electronic, Revised 7-2007 GC-CA-H-5 16c2 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of Construction Document - Electronic, Revised 7-2007 GC-CA-H-6 16C2 substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. Construction Document- Electronic, Revised 7-2007 GC-CA-H-7 16C2 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 8.1.3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8.1 A The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall Construction Document - Electronic, Revised 7-2007 GC-CA-H-8 16C2 faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 122. herein. 92 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Construction Oocument~ Electronic, Revised 7-2007 GC-CA-H-9 16C2 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or Construction Document - Electronic, Revised 7-2007GC-CA-H-1 0 16C2 sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Proiect Manager within fifteen (15) calendar days after the occurrence of the event, unless tie Owner grants additional time in writing, or else the Contractor shall be deemed'. have waived the Claim. Claims not settled by the aforesaid procedure, shall be esolved according to the Dispute Resolution Procedure copies of which are availa' , in the County Attorney's Office or Purchasing Department. All Claims shall be p ed in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its r rformance as directed by the Owner, regardless of any pending Claim, action, SL or administrative proceeding, unless otherwise agreed to by the Owner in writing Owner shall continue to make payments in accordance with the Contract Documc ,ts during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility C'Nners or let other direct contracts. If the fact that such other work is to be performed IS not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor Construction Document - Electronic, Revised 7 -2007GC-CA-H-11 16C2 or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party Construction Document - Electronic, Revised 7-2007GC-CA-H-12 '. 6 C 2,fl for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be Construction Document - Electronic, Revised 7-2007GC-CA-H-13 16C2 bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion Construction Document - Electronic, Revised 7~2007GC-CA-H-14 l~ 6C2 " "1 of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 185 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written Construction Document - Electronic, Revised 7-2007GC-CA-H-15 16C2 notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if Construction Document - Electronic, Revised 7-2007GC-CA-H-16 16C2 they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct Construction Document - Electronic, Revised 7-2007GC-CA-H-17 16C2 the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. Construction Document - Electronic, Revised 7-2007GC-CA-H-18 16C2 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's ev,iuation of and determination to accept defective Work. If such determination is rell:,ered prior to final payment, a Change Order shall be executed evidencing such ac~.coptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. Construction Document - Electronic, Revised 7-2007GC-CA-H-19 16C2 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Construction Document - Electronic, Revised 7 -2007GC-CA-H-20 16C2 Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Construction Document - Electronic, Revised 7-2007GC-CA-H-21 16C,2 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such Construction Document - Electronic, Revised 7-2007GC-CA-H-22 16C2 substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to Construction Document - Electronic, Revised 7-2007GC-CA-H-23 16C2 discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and are available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment Construction Document - Electronic, Revised 7-2007GC-CA-H-24 16C2 included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. Construction Document - Electronic, Revised 7-2007GC-CA-H-25 16C2 All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two Construction Document - Electronic, Revised 7-2007GC-CA-H-26 16C2 years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 341.2 34.1.3 34.14 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings ad Specifications with Addenda Warranties and Gua antees Cost Accounting R",cords Labor Costs Material Costs Equipment Costs Cost Proposal Request Construction Document - Electronic, Revised 7-2007GC-CA-H-27 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 16C2 Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. Construction Document - Electronic, Revised 7 -2007GC-CA-H-28 16C2 EXHiBIT i SUPPLEMENTAL TERMS AND CONDITIONS i. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, induding payment ano performance bonds and insurance certificate; D. r'rogress sClledUi8, WiliCh shaH UtiliZe the Critical rain melnoa OJ scheduling and Microsoft Project; c. Submittal schedule; 0. UldW \IUIIUIII~H SGlleUWe, whlci) shall consist of d rnontrliy projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program/Risk Management Program; f. Quality Assurance/Quality Control Program; and g. Security Plan L. -I tie cprvi Scnedule and uraw 0L:IIt:::Uuie snaii De upaatea rnonthJy dllU submitted with each Contractor Application for Payment. If both items are not suonlitted wltll Application tor FaYiTlent, tnat payrnent \ivdl be witlllleid UiTUi both items are received and accepted by the Owner and Engineer. 3. Ail engineering site plans and drawings referencing a specific geographic area must be submitted in an AutoCad 14 or later format drawn in the Florida State Plane cast (U0 reei) Coordinate 6ystern. j ne draVv"jjjgs SilOUid eitner reference specif1c established Survey monumentation, such as Certified Ciection Corners ~Hait or \1uaiier 08ctions are also acceptablej, or De derived from the RTK(Real-Time Kinematic) GPS Network as provided by the Collier County Transportation Division. TPA#195363311 GC-CA-I-1 16C2 EXHIBIT J TECHNICAL SPECIFICATIONS Construction Document - Electronic, Revised 7-2007 GC-CA-J-1 I6C2 EXHIBIT K PERMITS Construction Document - Electronic, Revised 7-2007 GC-CA-K-1 16C2 EXHIBIT L STANDARD DETAILS Construction Document - Electronic, Revised 7-2007 GC-CA-L-1 16C2 EXHIBIT M PLANS AND SPECIFICATIONS Construction Document - Electronic, Revised 7-2007 GC-CA-M-1 16C2 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Construction Document - Electronic, Revised 7-2007 GC-CA-N-1 c a:: o (,) W a:: o~ 1-<( Dia:: -w :I: I- x<( w::E c w a:: o ?- m o 1-- .,- "S W <: III .. <: .. III '8 W -g "i: " :=., 00'" Q. OJ III I 1:'- o _~ , ell + ~"C <( Ill., . :2= '" 0.. "'S U.__ E > III '- e c o Q. LL -+ '1:1 ~ o " ., 0:: III .. .;: ., ,. :;; '1:1 ., ~ o - (/) '1:1 '1:1 0 Q) 'E: > ., 00 'G) a.. " III ., .- 0::.:::: I- -'=''1:1 III ., = > o .- <( .- B > ., l!!o:: Q. ~ ., ., ".c '0 E > = .Ez ~ ~ I ~ r I I ~ 'l: " III , ~ ., - I ~ I 1 i I J I , -1 I I 1 i : I j ! II I I II 11 [I -+ 16C2 -I I i I I j I I I , , - I 1 .I j ! I I I I i I 1 J. 1 I ' I .1-'.. J ~..._L -.1_ I + I 1 II I I m '1 I j I .. ! ! , I I I I I I I : I ~ o .d: o o l') '" o o N ,.:. '0 '" ~ '5 '" 0: U C o iJ '" ill I c '" E ~ " o o c o jj 2 ;;; c o U \" 16Cb . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF' COUNTY COMMISSIONERS OF'FICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the documem is already complete with the . I h h rd' exception of the Chairman's sif!:nature, draw a line through routine: Imes #1 through #4, complete tee eck 1St, an forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court.s Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. NOlllwlly Ihl: primary contact is the person who created/prepared the executive summary_ Primary contact information is needed in the event one of the addres~ees ahove, including Sue Filson, need to conlact staff for additional or missing information. All original documents needing the Bce Chairman's signllture arc to be delivered tll the HCC office only after the BCe has acted to approve the item.) Name of Primary Staff Dave Jaye, Project Manager Phone Number 239-252-7620 Contact Agenda Date Item was Agenda Item Number 16C4 Approved by the BCC Type of Document Two Commercial "How to Recycle" Videos Number of Original Two Attached FY 07/08 Innovative Recycling Granl Documents Attached I. INSTRUCTIONS & CHECKUST Initial the Yes column or mark "N/A.' in Ihc NOI Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewcd and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts. agreements, etc. that have been fully cxcculed by all parties cxccplthe BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed hy the County Attorney's Office and all other arties excc t the BCC Ch31rman and the Clerk 10 the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in Ihe BCC omee within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlincs~ The doeument was approved by the BCC on__1O-09-07 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne '5 Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A Iicable) 2. 3. 4. 5. 6. 11:] -1 -" '"" ~ .1 v' 1> .:> ]}.1 I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Oliginal 9.03.04, Rcvised 1,26.05, Revised 2.24.05 16C4 Florida Department of Environmental Protection Cil:.Jrlic Crist Ci,l\Cnllll' Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399.2400 ,i,-'!'!' I\..')t:k~\lllp [J, (,o\,'cnh)r \h.:iwcl \\. Sole Scct\.:tar:, June 21, 2007 David Jaye Senior Project Manager 3301 Tamiami Trail East. Building H. Naples, Florida 34112 Re: 2007-2008 Innovative Waste Reduction and Recycling Grant Agreement Dear David, Enclosed is the 2007-2008 Innovative Grant Agreement. Please have both copies signed by your authorized representative and return one copy to the address below. The second copy is for your records. Please return the grant agreement with all attachments. Thanks for your cooperation and we look forward to working with you. Return to: John Labie 2600 Blair Stone Road, MS 4565 Bob Martinez Center Tallahassee, Florida 32399-2400 Sincerely, lit ill! John Labie "'IIiFl' f'/'o/"C!/lJ/l. !.es.\' Process" ))\1'\1' deliS/ilk. tI liS 16C4 2007-2008 INNOVATIVE WASTE REDUCTION AND RECYCLING GRANT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES PART I - GRANT NOTIFICATION INFORMATION 1. Grant Agreement Number: IG8-09 2. June 21, 2007 3. Grant Title: INNOVATIVE WASTE REDUCTION AND RECYCLING GRANT 4. Grant Period: July 1, 2007 or Execution (whichever is later) - July 1, 2008 5. GrantAmount: $ 79,732.00 6.Grantee Match Amount: $ 24,097.00 7. CSFA # and Project Name: 37.050/lnnovative Waste Reduction and Recycling Grants 8. Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste Waste Reduction Section (MS 4570) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 245-8716 9. Grantee(s): COUNTY/CITY/SPECIAL DISTRICT- Specify by Name Grantee Agency Name: Address: Collier County Board of Commissioners 3301 TamiamiTrail East Building H Naples, Florida 34112 10. Grantee Fiscal Year End: September 30, 2007 11. Federal Employer Identification Number: 59-6000558 12. Grantee's Representative Authorized to execute Agreement: Name: Jim Colletta Title: Chairman of the Collier County Board of County Commissioners Phone No.: (239)7748097 13. Grantee's Grant Manager: Name: Title: Address: David Jaye Senior Project Manager 3301 Tamiami Trail East, Building H Naples, Florida 34112 (239) 732 2508 (239) 774 9222 Phone No.: Fax No.: DEP Agreement No. IGS-09, Page 1 of 9 DEP 55-237 (05/07) 14, Department's Grant Manager: Phone No,: Fax No,: John Labie Environmental Specialist 2600 Blair Stone Road, MS 4565 Tallahassee, Florida 32399-2400 (850) 245 8731 (850) 245 8033 Name: Title: Address: PART II - GRANT CONDITIONS GENERAL CONDITIONS: 15, The Florida Department of Environmental Protection (hereinafter referred to as the "Department" or "DEP") does hereby enter into an Innovative Waste Reduction and Recycling Grant Agreement with Coliier County Board of Commissioners (hereinafter referred to as "Grantee" or "Recipient") to conduct the project described in Attachment A - Project Work Plan, Attachment B - Grant Proposal, and Attachment C - Certification by Engineer or Other Qualified Professional, attached hereto and made a part hereof, 16, The method of payment, for the period beginning July 1, 2007 or upon Agreement execution, whichever is later, through July 1 2008, will be on a reimbursement basis for direct costs only, All work must be completed and grant funds expended by July 1 2008. 17, A. The Grantee shall be reimbursed quarterly on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment D, Payment Request Summary Fonn, In addition to the summary form, the Grantee must provide from its accounting system, a listing of expenditures made under this Agreement, as well as any appropriate contracts, The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name, Allowable travel expenses to be incurred are included in the amount of this Grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112,061, Florida Statutes, The travel forms can be found at htto://www.deo,state,fl.us/admin/forms/FinAcctforms,htm, A final Payment Request Summary Form must be submitted no later than July 1, 2008. B, Five percent (5%) of each request, up to a maximum of five percent (5%) of the totai Grant amount, shall be withheld until the final report has been received and accepted by the Department. Payment Request Summary Forms must be signed by the Grantee's designated authorized representative, This should be the same person who executed the Grant Agreement. If there is a change in the authorized representative during the Grant period, the Department must be notified in writing, C, In addition to the invoicing requirements contained in the paragraph above, the Department will periodically request proof of a transaction (invoice, payroll register, etc,) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits), All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre- PEP Agreement No. IGB-09, Page 2 of 9 DEP 55-237 (05/07) 16C4}~. audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5FQuide. D. Progress reports shall be submitted quarterly, in conjunction with the Payment Request Summary Form and shall clearly describe the activities undertaken during the reporting period, activities anticipated for the next reporting period, problems encountered, problem resolutions, a financial summary of the project (inciuding matching and in-kind services), and any schedule updates. In addition to the progress reports required above, the Grantee shall submit the deliverables specified in Attachment A - Project Work Plan. The Grantee shall submit a final project report (as described in paragraph 18, below) no later than thirty (30) days prior to the completion date of this Agreement. Upon receipt and approval of all deliverables specified herein and an invoice requesting payment, the Department will release all funds retained pursuant to paragraph 17.B. E. Quarterly reports shall be submitted to the Department's Grant Manager no later than fifteen (15) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. F. The State of Florida's performance and obligation to pay under this Grant Agreement is contingent upon an annuai appropriation by the Legislature. 18. The Grantee's final report should be presented in a technical or scientific manner. It should be able to stand on its own so individuals with first time knowledge of the project might understand it. The final report shall be submitted in hardcopy and MS Word or PDF electronic format and include, but not be limited to, the following information: A. An introduction briefly describing the project and the contents of the final report, which must include at least the following: 1. The background of how this project came about; 2. The objectives or goals of the project; 3. An explanation of why the project is considered innovative; and 4. The proposed audience and date for the formal presentation about the project at an appropriate state or national workshop, and a description of any articles published or planned for publication in recognized trade journals or professional journals. B. The implementation of the project, which must include at least the following: 1. A description of equipment and/or services that were purchased and how they were utilized; 2. A description of the various elements or components and a project timeline; 3. Problems encountered during the project and how they were resolved or addressed. C. The project results, which must include at least the following: 1. How the objectives or goals were or were not met for this project; DEP Agreement No. IGB-09, Page 3 of 9 DEP 55-237 (05/07) 2. How this project demonstrated or utilized advanced technologies or processes which are not in common use on a statewide basis in jurisdictions of similar size or demographics; 3. How this project lead to greater quantities of recovered materials and/or created a product that is more recyclable and/or marketable; 4. The transferability of the technology or processes realized from this project and how it was or will be applicable to other communities, businesses or individuais; and 5. A detalied analysis and discussion of how this project resulted in substantial improvements in recycling program cost effectiveness and efficiency as measured against statewide average costs for the same or similar programs. Include the following: a. Totai dollar figures of the various elements or components of the project, including administration, equipment, operations, advertising, education and any other expenses incurred during the project; b. Project expenditures categorized for both the public and private sectors, and the sources of project funding from the county (including in-kind services) and the innovative grant; c. Tipping fees avoided as a result of waste diversion/reduction; d. How the project has collected and recycled nontraditional materials, and enhanced their marketability and availability to end markets; and e. A cost/benefit ratio for the project comparing the cost of project with the benefits that were achieved. Include any assumptions made in deriving this information. Discussion should include the following: 1. Avoided disposal of waste at area landfills using materiai tonnages and airspace (in cubic yards); 2. Possible impacts on conservation of natural resources; and 3. Cost per capita and per ton of specific material(s) recovered or recycled as part of this project. 19. The Grantee shall maintain accurate records of all expenditures of Grant funds and shall assure that these records are availabie at reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least five (5) years following the end of the Grant period. The Grantee agrees that it will expeditiously initiate and compiete the program work for which assistance has been awarded under this Grant Agreement in accordance with all applicable provisions of Florida Statutes and the Fiorida Administrative Code. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 20. A. In addition to the requirements of the preceding paragraph, the Grantee shail comply with the applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in compiying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager to request a copy of the updated information. DEP Agreement No. IG8-09, Page 4 of 9 DEP 55-237 (05/07) 16C4 B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Sub recipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: httos://aoos. lidfs. com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 21. A. The Department has the right to terminate this Agreement and demand refund of grant funds for non-compliance with the terms or obligations of this Agreement. Such action may also result in the Department declaring the Grantee ineligible for further participation in the program until the Grantee complies with the terms of this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 22. When applicable, the Grantee shall obtain all necessary construction-related permits before initiating construction. 23. A. The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reliect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. C. The Grantee must compiy with the applicable requirements of Section 287.055, F.S., when acquiring professional services (professional engineers, architects, landscape architects, and/or survey and mappers). D. The Grantee shall acquire all contractual services and/or commodities utilizing procurement methods comparable to those described in Chapter 287, F.S. OEP Agreement No. IGB.OB, Page 5 of B DEP 55-237 (05/07) 24. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. Pursuant to section 216.347, Florida Statutes, the Grantee is prohibited from using Grant funds for the purpose of lobbying the Legislature, the judicial branch, or a State Agency. 26. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Grant Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similariy to provide Workers' Compensation insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. in case any class of employees engaged in hazardous work under this Grant Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 27. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 28. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 29. The Grantee covenants that it presently has no interest and shall not acquire any interest, which would conflict in any manner or degree with the performance of services required. 30. Upon satisfactory completion of this Grant Agreement, the Grantee may retain ownership of the equipment purchased under this Grant Agreement. However, the Grantee shall complete and sign a Property Reportin9 Form, provided as Attachment F, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. D. The Grantee shall report the inventory of the equipment, on an annual basis, no later than January 31" for each year this Agreement is in effect. DEP Agreement No. IG8-09, Page 6 of 9 DEP 55-237 (05/07) 16C4f;~ E. The equipment may be leased or loaned to a private business, if necessary for this project. If leased, proceeds received from iease shall be documented and used to offset reimbursement requests made under this Agreement. F. For a period of three years following the completion date of this Grant Agreement, the Grantee shall maintain ownership of all equipment purchased with funds from this Grant, shall list said equipment purchases on its property inventory, and shall assure that said equipment is used exclusively in some recycling capacity in the State of Florida. Within the above stated three-year period, the Grantee may sell the equipment for fair market value provided that the proceeds of such sale are returned to the Department. G. A "release of lien" for any structures built or purchased with grant funds must be provided to the Department with the final report. Any site containing state purchased equipment must provide records disclosure/access to state auditors. 31. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Grant Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 32. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a Grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 33. The Grantee shall comply with all applicable federal, state and local rules and regulations in conducting the project funded under this Grant Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Grant Agreement. 34. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 35. Land acquisition is not authorized under the terms of this Agreement. DEP Agreement No. IGB-09, Page 7 of 9 DEP 55-237 (05/07) 36. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. IG8-09, Page 8 of 9 DEP 55-237 (05/07) 16C44lt PART III - OFFER AND ACCEPTANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the Collier County Board of Commissioners for all allowable costs incurred up to and not exceeding $ 79,732.00. STA~/ FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION: U~ I!~ ~7~) Charles F. Goddar , Chief Dat- Bureau of Solid & Hazardous Waste In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the Grantee, and (2) the Grantee agrees to the general and special conditions of this Agreement. BVAHO;P-;;{lU Signature of Authoriz\l.~ Representative Name:.... :T(,-i"\L s C~k1\1A Title: C ~'" r /"'1" It)..q- (rbl_ Date l'ftlll am..nl. ~T" -11T ) .t' II:Q.W.-t ~~~IJ.c.I' Atttst ItS a..h.... l5. . fonaturt 011 h' .:: 'For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. 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Q) 0 "0 >2i ~8 oen >.- o c >.Q)<1l -c::~ Soe> 0- Ol U~~ ~ :c 0 ~- ~ o lii Q) UoC:: ~ Q) Q) > E"" E <1l o > U g 05 ;too 1-0 - ...... o >- LL a . a . ., a . I-- a .. - a .. a ~ 1: N M " I! 0:: " " "" ." " i '"' 0 .".' N "" '"' i N "'. M U 0 "" i , I " . . I i ... ~ ~ OJ - 0 "" 16G4f1 N a N " co '" a. ~ u > -. " is . '" B ~ " .. o . E E o u o ,! "" - , o u ~ " u 16C4 COLLIER COUNTY Sg_~~D_~ASTE MANAGEMENT DEPARTMENT :1:101 Enst Tamiami Trail, Building H . :-Iapks, f!orida)41 12' (2:19) 7:12-2508 . Fnx (219) 7"49222 Florida Department of Environmental Protection FY 2007-08 INNOVATIVE GRANT APPLICATION FORM 1) Applicant Name: Collier County Solid Waste Management 2) Primary contact person: Dave Jaye, Senior Project Manager 3) Complete Address: 3301 Tamiami Trail East, Building H, Naples, Florida 34112 4) Telephone Number(s) (including SunCom number): 239-732-2508 5) E-mail address: 9avidjaye@colljeI:gov~! 6) Project Title: Seasonal and Year Round Commercial 'How to Recycle' Videos. 7) Grant Request Amount: $79,732. 8) Length of project (months): one year production and distribution, then ongoing. ~~ ~?- ----- ~ Authorizing Signature Chairman. Board of County Commissioners Title " :. ) !~, ! \ l.i (' November 14. 2006 Date r~ ,,) , ,,' 0.( " ~ form and legal sufficiency: (' Ie ') /~_/--') f;......1homas c:1almer, Assistant County Attorney '/e..~" ., ~::',>? ;,' c; o ;;_-: ,i;;~ I J{ l: i (.\ y c; o U. 'H y .~-- - 16Cb. . Attachment B Florida Department of Environmental Protection FY 2007-08 INNOVATIVE GRANT APPLICATION FORM 1) Applicant Name: Collier County Solid Waste Management 2) Primary contact person: Dave Jaye, Senior Project Manager 3) Complete Address: 3301 Tamiami Trail East, Building H, Naples, Florida 34112 4) Telephone Number(s) (including Sun Com number): 239-732-2508 5) E-mail address:davidiaye@colliergov.net 6) Project Title: Seasonal and Year Round Commercial 'How to Recycle' Videos. 7) Grant Request Amount: $79,732. 8) Length of project (months): one year production and distribution, then ongoing. Authorizing Signature Chairman. Board of County Commissioners Title November 14.2006 Date ATTEST: DWIGHT E. BROCK, Clerk By; Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney 16C4 i' PROJECT ABSTRACT (No more than 20 lines. Every word over 20 lines will constitute a one point deduction.) (do not delete the instructions on this page) The project consists of two parts: a 'How to Recycle' training video for Florida Year Round businesses and a 'How to Recycle' training video for Florida Seasonal-Hospitality industry workers. A. Year Round Business 'How to Recycle' Training Video Approximately 65% of Collier County's Solid Waste that is buried in the landfill is generated by businesses. However, the business recycling compliance rate to Collier County's mandatory commercial recycling ordinance can be improved. Businesses can save money by recycling and Collier needs to divert recyclables and save our valuable landfill airspace. We propose to build on Mecklenburg County's (around Charlotte, North Carolina) award winning video that highlights how four businesses have complied with the mandatory commercial recycling program and implemented a seven step waste reduction program. B. Seasonal Business "How to Recycle" Training video Florida's Seasonal industry employs many workers who come from counties and or regions that do not have a culture of recycling. Hospitality workers have a variety of formal education levels, communication skills and Seasonal Industry experience which sometimes can be a barrier to learning how to comply with Collier County's mandatory commercial recycling ordinances. Some may not have had a chance to learn wh ,. h paper, plastic, glass and metal materials are recyclable. Some may not have had a chance to learn about the proper disposal of Fats, Oils, Grease (FOG) and organic waste. There also is a large turn over in employees, managers and even owners employers in Seasonal Businesses of Restaurants, Landscaping, Bars, Hotels, Construction Industry and Cleaning and Delivery Services. Page 2 16C411 PROJECT DESCRIPTION (1 page) Hospitality & Seasonal Industry Recycling Training video Florida's Hospitality and Seasonal industries employ many workers who come from counties and or regions that do not have a culture of recycling and some have low levels of English which can be a barrier to learning how to comply with Collier County's Mandatory commercial recycling laws. Some workers have low levels of literacy in their own language. Employee turnover is very high in hotels, restaurants, bars, golf courses, landscaping, cleaning and delivery companies due to seasonal nature of our tourism as many people lose their jobs during the summer and fall low season. About 96% of all restaurants are single-establishment companies that account for around 62 % of total table service restaurant sales. Most small businesses lack formal employee training programs and videos. Most restaurants close within three years. A recycling training video for low level English Seasonal workers will be a great help for Florida's hospitality companies, their employees, their customers and our environment. We will video tape which paper, plastic, metals and glass are and are not recyclable. We will video tape seasonal employees modeling proper recycling procedures on the job. We will create pictures, hand around examples and a brochure to help quickly teach employees how to recycle at work. Year Round Commercial 'How to Recycle' Training video Approximately 65% of Collier County's Solid Waste is generated by businesses. However the business recycling compliance rate to Collier's mandatory recycling ordinance could be improved. Business can save money by recycling and Collier needs to divert recyclables from our valuable Landfill airspace. We propose to build on Mecklenburg County's (around Charlotte, North Carolina) award winning video that highlights how four businesses have complied with the mandatory Commercial recycling program. The first part of the Mecklenburg video shows how recycling is part of employees' every day routine and habits for a bank, snack factory, utility company and a two person office that although exempt, chooses to participate. The second half of the video explains how to implement a seven step commercial recycling program. Our video will add a short company visit by our enforcement staff explaining Collier's mandatory recycling ordinance and how businesses can save money with a waste audit. We will video tape employees who are modeling best recycling practices including construction, medical clinics, finance services, assisted living, retail stores and large communities. The final segment of both versions will feature Collier's single stream recycling in apartments, condos, traditional neighborhoods, ethic neighborhoods and schools. The penalties for dumping auto oil, paint and littering in our community will be highlighted. We will show the locations of County Recycling Centers for Household hazardous waste and contact information for proper Commercial hazardous waste disposal. The recycling training videos will be in English with Spanish, Creole and perhaps other language translations appendix for use by those companies and employees who need it. We will make the recycling workshop training video available free of charge to Collier Employers, churches, schools, day job locations and job employment agencies. A short segment showing Lee County's two source separation system for commingled paper and commingled bottles will be useful as many Collier workers live in Lee County and vice versa. The last segment will show people how lucky we are to live, work and go to school in an environmentally healthy Florida. Both videos will be produced on one disk. Page 3 16C4 ff;l; Criteria 1: TECHNOLOGIES or PROCESSES (I page) (do not delete the instructions on this page) (20 points) The range of scoring is between 0 and 20 points, with up to 10 points for meeting one of the following sub-criteria, up to 15 points for meeting two, and up 20 points for meeting all three. Note; applicant may adjust space used to address each sub-criterion. Sub-criteria 1- Not in common use in Florida. A review of the Recycling Industry literature and extensive survey of recycling professionals at the October 22 to 25, 2006 National Recycling Coalition 25th National Convention in Atlanta, Georgia revealed there are no recycling videos targeting low English level workers. Recycling brochures written both in English and Spanish have limitations. Some immigrants are illiterate in their own language. Many recent immigrants and some native born Americans do not have a culture of recycling. Therefore a video showing them what kinds of glass, paper, plastic and metal to recycle and prohibited items will help businesses comply with Collier County mandatory and other county's voluntary commercial recycling laws at work and at home. We will video record housekeepers, dishwashers, stock people, landscapers, cleaners and others modeling proper disposal of recyclables and non recyclables. Proper disposal of Fats, Oils and Grease (FOG) will save our waste water treatment costs. We will video record residents of apartments, hotels, mobile homes and traditional neighborhoods modeling proper recycling at home. We will show proper paper, beverage container recycling at schools. We will focus on illegal dumping of paint, auto oil and trash and the financial and jail penalties for littering. A segment of a cop arresting a person throwing a cigarette or bottle on the beach, dumping oil down a sewer drain will hopefully motivate people to avoid financial penalties and legal arrest as we motivate people to adopt recycling for altruistic reasons about an ending video of families enjoying Florida's clean waterways, beach and wild life. These two videos will have nation wide utility and use as the immigrant population is increasing nation wide and northern USA also has summer seasonal workers. Sub-criteria 2 - Novel application of an existing technology or process. Seasonal and Year Round Commercial 'How to Recycle' Videos use existing technology to teach people by visual motion and picture examples. A picture is worth a thousands words and more to illiterates. We will also create hands on displays of what and what not to recycle. We have photographs of the resulting problems of contamination in paper and glass recycling plants which also employ immigrants. Sub-criteria 3 - Overcoming obstacles to recycling/waste reduction in new or innovative ways. Seasonal and Year Round Commercial' How to Recycle' Videos overcomes English illiteracy as well as people who are illiterate in their own Spanish, Creole or other languages. The video introduces the culture of recycling in Florida. The Legal, Financial and Altruistic reasons to recycle are discussed. The video shows and trains both illiterate and literate immigrants and native born Americans who are not educated on what paper, plastic, glass and metal can be and must be properly recycled. The video will also show the results of recycling bin contamination to recycling equipment in a Materials Recovery Facility and glass recycling foundry which both happen to employ many new immigrants. Page 4 16 C4 11 Criteria 2: TARGETS (1 page) (do not delete the instructions on this page) (10 Points) Demonstrate innovative processes to collect and recycle or reduce these targeted materials/sectors: Construction and Demolition Materials, Commercial/Institutional Sectors, Hurricane Debris, Pay-As- Y ou- Throw and Waste Tires. Note: if the proposed project also includes materials/sectors other than those targeted by this criteria, the project will receive less than the maximum 10 points allocated for the criteria. These videos target the Seasonal/Hospitality and Year Round Commercial sectors with 'How to Recycle' Videos. The commercial sectors generate 65% of Collier County's Waste Stream. Collier County Solid Waste Department and our contractors will visit the major employers of seasonal and year round businesses to film employees demonstrating proper and improper recycling methods. For the Seasonal/Hospitality workers we will film housekeepers, restaurant workers, grounds keepers, commercial cleaners, landscapers, delivery people and construction industries. We will visit large communities to show proper recycling and improper at apartments, mobile home parks and traditional neighborhoods. For Year Round Businesses we will video tape Banks/Finance offices, Medical Clinics, Assisted Living, Real Estate, Construction, Light Industrial, strip mall and small offices who are exempt from recycling but may choose to recycle voluntarily. We will demonstrate the mail back pouches for printer cartridges, cell phone and lithium batteries. We will video tape improper littering on the beach and road and improper dumping of oil and paints and legal consequences. We will videotape illegal dumping of trash in recycling bins and trash placement and legal consequences. Many people live in Lee County and work in Collier County. Therefore we will video tape the proper recycling in both Collier's single stream and Lee's dual stream recycling. We will show where the recycling centers are located and some businesses which collect used motor oil and batteries. Education & assistance in Mecklenburg County . Waste reduction information . Wlste audits by haulers . Vendors list . Buy recycled information . Business to Business mentoring .~ ~.' ~.,. Voluntary Commercial Waste Reduction [~ Page 5 16C4 ftt Criteria 3: BENEFITS/ Cost-Effectiveness (1 page) (do not delete the instructions on this page) (25 points) Demonstrate the potential economic, environmental, and cost-effectiveness of the program's approach. Note; applicant may adjust space used to address each sub-criterion. Sub-criteria 1 - Environmental Benefits (5 points). . Methodology Collier County Solid Waste Department will conduct a business setting classes describing the Dos and Don'ts of recycling. We will bring photos, illustrations and hand around materials to demonstrate what is and is not recyclable. We will identify of the map Collier County's Recycling Centers for House Hold Hazardous Waste and the locations and procedures for Commercial Hazardous waste disposal. . Toxicity Our program will show how dangerous work place chemicals are to the water and solid waste system. Mercury incandescent lamps, oils, lithium batteries, pesticides, paints, cleaning solvents and other commercial hazardous waste will be discussed. House hold hazardous waste site drop off will be mentioned for employees to drop off hazardous waste. The importance in limiting contamination in the fiber and container recycling bins will be stressed. Seasonal businesses have a constant challenge of new employees to train each year. New businesses owners and managers need to be trained each year due to high failure rates of restaurants. Sub-criteria 2 - Economic Benefits (5 Points). Commercial recycling is cost effective as the program promotes source separation at the business location. Many businesses can reduce their waste disposal cost by implementing a waste reduction plan. A visit by Collier County's Solid Waste Management Department to businesses will show the benefit of a waste audit in saving company money. Creating recycling habits in employees, employers and customers benefits the community and encourages workers and employers to educate and motivate their children to recycle at school, parks and the community. The economic benefits to our county will be significant as the commercial sector generates 65% of our solid waste. Collier County will save valuable landfill airspace if more businesses and residents recycle. Marketable recyclable material will increase and sold by Waste Management Inc at its MIRF and other commercial solid waste recycling operations. We may also see an increase in recycling at our multi Housing units where most of the seasonal workers live. Sub-criteria 3 - Cost-Effectiveness (15 Points). Collier County Commercial Recycling totaled 22,518.79 tons in 2005. Malcomb Pimie, Environmental Engineers, advised us to use $64 a ton tipping fees as the contingency disposal cost at Okeechobee Landfill. A 10% increase in recycling would be 2,250 times $64 avoided landfill costs ofrecyclables saving $144,000. The savings is higher due to the market value of the recyclables. A 5% increase in recycling would be I,] 25 times $64 is $72,000. The total grant cost is $103,829. Therefore we predict the grant will pay for itself in between 9 and 16 months. Producing the Seasonal and Year Round Commercial 'How to Recycle' Videos are very cost effective as a one time production cost project. The DVD videos can be used by every Florida county and most USA areas that have similar seasonal- hospitality and/or similar year round businesses. One disk will have both the Seasonal and Year Round Businesses 'How to Recycle' Videos in English, Spanish and Creole languages. Page 6 16C4 'II Criteria 4: SUSTAINABILITY: (1 page) (do not delete instructions on this page) (25 points) Demonstrate the sustainability of the proposed program. The Season Commercial Recycling program will be launched during September of each year, as new employees are being hired and businesses are ramping up for the Winter Season. The Year round Commercial Recycling program will be launched in April of each year before School lets out and summer vacations begin. Businesses will be encouraged to form peer consulting environmental teams. An annual County WRAP award for the recycling business will encourage business competition to adopt Green Marketing. Finally, businesses are legally required to recycle under Collier County's mandatory commercial recycling ordinance. Our Solid Waste Department staff annually visits, monitors and enforces businesses to encourage compliance with the mandatory recycling code. Collier County continues to focus on commercial solid waste to save our scarce landfill space since the Commercial sector generates about 65% of Collier County waste. Collier county staff will contribute staff time to introduce and sustain this Seasonal-Hospitality and Year Round Commercial 'How to Recycle'. Our Recycling Coordinators with assistance from Utility Billing and Customer Services and Pollution Control visit businesses each week. Our Recycling Coordinators provide waste reduction and recycling audits to help businesses determine how much they can save by recycling. Here's A Tip For You. .~ ~;v 't) ". //"'. tr, . . '.,": "'~ '.,14:"",-: ~--'-. _/ Suite Deal. ~ Measurable Savings. o ",n, -'ylng P"'~Y' '. "~I, .'b.,,,: (OII.tIl1<"II<V.U~ dol.... tII. nib! IIlIRl- '."",,," ,,~i..<, \',1" h., '''''''"',~' \'nlh"~ l:O: 'm --, -.-.-'''l<,-j.... ,;:,-1 c."" ''''', '"., ',.,.,',.'1' ,<'Soo<l_lKy(I.S..._\-c -,1u' -".>,,, ,."~., '-1 '." ',b',,," ',,,. ,', 'F< ", '10,,' -r." ~L,';"'" "",(;",_ 10 ,," .r,l.. :en', t, .,-".,..,..Nld.'<\I_.oddoi.,tllt';p1"'mJ"'" ',) ..f- i ] ',",' '." ~ - ..," ' -h. ,.", ,- ,-" .. "h 1- 'Swt.hc.,.I..S.... 8, "-""l r+~ -- /:.-..- ..h',.,...".",.......,..., @ r+~ lilt_ ;:.,,;:.,",',.. _C;;,C;;,;::;;';; ~ r+~ -- "-,'" ~. 'iW Page 7 16 G4 I' Criteria 5: TRANSFERABILITY (1 page) (do not delete the instructions on this page) (10 Points) Demonstrate transferability of technology and processes and specifY how the project will promote transferability. Note: applicant may adjust space used to address each sub-criterion. Sub-criteria 1- Transferability of technology and processes (5 points). The lessons learned by implementing a Seasonal and Year Round Commercial 'How to Recycle' Videos will be easily transferable by mail to other Florida and USA communities. We have budgeted time and money to make video copies to mail to interested parties. We budgeted time and money to hold various how to workshops locally and around Florida for interested parties. Sub-criteria 2 - How project will promote transferability (5 points). This program has budgeted money to hire a professional Video company that will produced additional CD disks and we have budgeted money to mail the disks to Florida's County Solid Waste Departments and interested municipalities. Our application also budgets $5,500 to produce a Power Point, case study materials and training and travel to implement Seasonal and Year Round Commercial 'How to Recycle' programs in other communities. The $5,500 out reach segment includes a workshop at Collier County Solid Waste Management including visits to companies and a review of our program's successes and lessons learned. This outreach also includes a presentation at future SW ANA and Florida recycling conferences. Businesses will be encouraged to begin a waste reduction and recycling program and training after they see success stories with companies similar to their Florida business. Businesses will be increasingly pressured to recycle as more communities begin to encourage, adopt and enforce mandatory recycling ordinances. Increased tipping fees, fuel prices and collection costs will encourage businesses to recycle. Increase prices for recycled paper, containers and metals will create markets and more demand for business recycling. Finally more consumers are targeting their spending to green companies. Page 8 . : Billboard and Newspaper . . . . . . . . . . . . . Irs vour business. RUs!Mulletyellflg. '.__....QIIiOUJ1311l .__,III"''''''''Sll,tlIlI. Recycling saves businesses money and preserves landfill airspace. 16C4 !1 Criteria 6: LOCAL SUPPORT (1 page) (do not delete the instructions on this page) (10 Points) Demonstrate local support for the proposed project in commitment of cash or in-kind matching funds. Please provide the name, address and phone number of ALL contributors. (Points will be allocated for only those contributors located within the jurisdiction of the applicant.) . 00 points 00/0 up to and including ]0.10 oftolal project cost . 01 points Greater than 1 % up to and including 100/0 of tot a) project cost . 02 points Greater than 100/0 up to and including 200/0 oftolal project cost . 03 points Greater than 200/0 up to and including 300/0 of total project cost . 04 points Greater than 300/0 up to and including 400/0 oftola) project cost . 05 points Greater than 400/0 up to and including 500/0 of total project cost . 06 points Greater than 500/0 up to and including 600/0 of total project cost . 07 points Greater than 600/0 up to and including 700/0 of total project cost . 08 points Greater than 70% up to aud including 80% oftotal project cost . 09 points Greater than 80% up to aud including 90% of total project cost . to points Greater than 90% up to and including 100% of total project cost Collier County in kind staff support: Total Project cost: Total Innovation grant request: $24,097 $103,829 $79,732 $24,097/1 03,829 = 23% qualifies for three points. Page 9 16G4 BUDGET (I page using Budget Table Template) (do not delete the instructions on this page) Describe the project's budget allocated by task and budget categories per the Budget Table Template available from DEP's Innovative Grants web site in Microsoft Excel digital format ( www.den.state.tl.us/waste/catelwries/recvcliDl.!/nal!es/lnnovativeGrant52007-08.htm ). See Attached State DEP budget templates. Page 10 .,. , Attachment C: Environmental Certification Fonn 16C4 i~i4 Attachment C CERTIFICATION BY ENGINEER OR OTHER QUALIFIED PROFESSIONAL t:,J ' / I, the undersigned authorized representative of // ~ County, certifY that I have reviewed the Innovative Recycling Grant proposal, including the detailed scope of services for this project, and evaluated those impacts on the environment and public heahh which might reasonably be expected to result from the implementation of this project. In my professional judgment, this project, if implemented in accordance with the detailed scope of services, will comply with all applicable rules of the Department and will not create a significant threat to public heahh or the environment. I also agree to provide the Project Manager with a set of instructions for proper implementation of the project if needed as part of this Certification. #: c<"'" d ~,// ~{ , ' Signature )? ' /J II / ~ 1/' I'), / j ~~ f ..~ (i.-~ Name imd Title (please type or print) j J CLj.-,"I':....""", ""v,'<<-:/ Mailing Address A./, L1 Ii. rL J i.//Op ~ / City, State, Zip Code 2,19-~J--2- J-SC> ') Telephone Number .:c - 25-: CJ 7 Date ATTACHMENT D 16C4 !~ PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: IG8-09 GRANTEE'S GRANT MANAGER: Davie Jaye PAYMENT REQUEST NO.: GRANTEE: Collier County DA TE OF REQUEST: PERFORMANCE PERIOD COVERED: TOTAL MATCHING FUNDS REQUIRED: AMOUNT REQUESTED THIS PERIOD: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End-of-Grant Period] TOTAL AMOUNT OF THIS CUMULATIVE MATCHING CATEGORY OF EXPENDITURE REQUEST PAYMENTS FUNDS Salaries $ $ $ Fringe Benefits $ $ $ Travel (if authorized) $ $ $ Subcontracting: $ $ $ $ $ $ $ $ $ $ $ $ Land Purchase $ $ $ Equipment Purchases' $ $ $ Supplies/Other Expenses $ $ $ TOTAL INVOICES SUBMITTED $ $ $ Less 5% (unless final invoice) $ Amount Retained (for final invoice only) $ Total Reimbursement Requested $ Less Total Cumulative Payments of: $ TOTAL REMAINING IN GRANT $ 'Single purchases over $1,000. See Attachment F GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above-cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name David Jaye Telephone Number Telephone Number (239) 732 2508 DEP Agreement No. IGB.09, Attachment D, Page 1 of 1 16C4 I'\j ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at hltp://12.46.245.173/cfda/cfda.html. DEP 55-215 (02/07) DEP Agreement No. IGB-09, Attachment E, Page 1 of 5 16C4 "1 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shali consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hltps://appsfldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leq.state.fl.us/Welcome/index.cfm. State of Florida's website at http://www.myflorida.com/. Department of Financial Services' Website at hltp://www.fldfs.com/and the Auditor General's Website at http://www.statefl.us/audqen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directlv to each of the following: DEP 55-215 (02/07) DEP Agreement No. IG8-09, Attachment E, Page 2 of 5 16C4 .~)t ii-i: ~I A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directlv to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (02/07) DEP Agreement No. IGB-09, Attachment E, Page 3 of 5 16C4 ;, 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directlv to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (Iocai governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmentai Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 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W Q Cl t <: '" 8. c. ::l 0 t :s. ~ ~ <: '" 0 E :s. c. ~ ." <: C" '" '" E '" c. .<: ." ~ C" - '" 0 c. '" .<: E ~ V> - ~ 0 '" <: c. ~ E ~ 0> '" <: <: .2 ;: 5 0 i'! <: ~ ~ .e '" .i: :is .v; ~ <: 0 0. V> ~ i'! ~ <: .<!) 0 U ~ ~ ~ <: ~ ~ <: Cl 0 U '" -w E .fl V> <: .. ~ <: Cl 0 '" B .<: ~ ~ V> 1:: '" 0> '" <: E :p '" <: 0> ::l .. 0 <: u .. :.t ::;: o<l t fj ~ <: 0 .. d: <: u:: '" ~ .<: ~ ~ ~ ." ~ ~ ." - ~ '0 0> - <: Ql .v; 0> <: '" V> .. '" .v; a. lSti V> ~ .. fj u: c.~ e - ~ 0<: ~ C. . Ql ZO o~ E U Q)Z~ .<: 0..c c u z-..o J!! ~'OI-U .. zciIiQJ .,; => ,2::t-:E 'i' O-LLJ...... .. u..9l(,9o 0 u 0..<( C ~ <( E Z ,Q o8<C'[l _0 Z (:-::;: 0. ...z g~ <(o~E N ~ l.LJtja:::8 o ~ ~~~ ~ -E '" Ql <(POo N e Zill",t ~~ ~ 0... "-<: 't;; frj8.fu:w 0. a. WW Cl ::l Cl ill 00 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO , THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA it D 1 Print on pink paper Attach to original document. Originallk)\..'Uments should ~ hand deliy..:red to th~ Board Oflicc_ Th~ completed routing slip and original docum~s are to be forwarded to the Board Dt}ice only !ft!!: the Bonrd has taken action on the item_) ROUTING SLIP Complete routing lines #1 through #4 as appropriate fO!" additional signatures, dates, and/or information needed. If the document is already complete with the 41 excention of the ChainnaD's siRlUdUre, draw a line tbroUlzh routiM: lines #1 tbrouRh #4. oomDlete the checklist, and forward to Sue Filson line #5), Route to Ad~\ressee(s) Office Initials Date (List in routino order I.Rosa Munoz Housing & Human Services RM 10-9-07 2.Chairman James Coletta BCC 3. 4. s. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive sununary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.' Name of Primary Staff Rosa Munoz, Grants Coordinator Phone Number 252-5713 Contact Agenda Date Item was October 9, 2007 Agenda Item Number 16DI Aooroved bv the BCC Type of Document Release of Deed Restriction Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes colnmn or mark ..N/A.. in the Not Applicable colunuL whicheyer is a ro riate. Original document has been signed/initialed for legal sufficiency. (All dOCllments to be signed by the Chairman. with the exception of most letters. must be re\jewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions. etc. signed by the County Attorney.s Office and signature pages from coutracts. agreements. etc. that haye been fully executed by all parties except the BCC Chairman and Clerk to the Board and sibh Statc Officials.) All handwritten strike-through and fC\'isions haye been initialed by the Conn\)' Attorney. s Office and all other . es exce t the BCC Chamnan and the Clerk to the Board The Cbainnan' s signature line date has been entered as the date of BCC approval of the dOCllment or the fiuaI ne otiated contract date whicheyer is a licable. ..Sign here.. tabs are placed on the appropriate pages indicating where the Chairman. s si lure and initials are . ed. In most cases (some contracts are an exception). thc original dOClllllcnt and this routing slip should be proyided to Sue Filson in the BCC office within 2-l hours of BCC appro\ al. Some dOCllments are time sensiliye and require forwarding to Tallahassee within a certain time frame or the BCCs actions are nullified. Be aware ohour d~ldlines! The document was app""-ed by the B{'C on 10/9/2007 (enter date) and all changes made during the meeting han been incorporated in the attached document. The County Attorney's Office has reviewed the chan if a lieable. Yes (Initial) N/A(Not A Iicable) 2. 1. -l. 5. 6. 1i- ;:;e #- I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 4082438 OR: 4291 PG: 1479 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 10/11/2007 at 08:08AM DWIGHT E. BROCK, CLBRK REC m coms 35.50 4.00 Record and Return to: Collier County Housing & Human Services Department 3050 N. Horseshoe Drive, Suite 110 Naples, Florida 34104 239-252-4663 Retn: CLERK TO THE BOARD INTEROFFICE 4TH nOOR BIT 7240 1601 , RELEASE THIS DOCUMENT is signed by Collier County, Florida ("Lienee"), who is the owner and holder of, and has not transferred, assigned, pledged, or otherwise encumbered any interest in, the following described Declaration of Restrictions ("Restriction"): Declaration of Restrictions recorded on July 17, 2007 from Habitat for Humanity of Collier County, Inc., ("Lienor") to Board of County Commissioners of Collier County securing those certain Covenants of land in the original amount of Nine Hundred and Fifty Thousand and 00 DOLLARS ($950,000), which Restrictions are recorded in the following: Official Records Book 4259, Pages 0183 through 0185, inclusive, of the Public Records of Collier County, Florida, encumbering certain property located in Collier County, Florida, as more particularly described in the Restriction ("Property"); and THAT Lienee hereby acknowledges that the Restriction was recorded in error and does hereby surrender the Restriction as canceled, releases the Property from the lien of the Restriction, and directs the Clerk of the Circuit Court in and for Collier County to cancel the same of record. DATED this ~ day of , ,\ !; (t ~:' ,'1 ,2007. ~ By: JAMES COLETTA, CHAIRM A TIEST: DWIGH'F E. BROCK, CLERK auJt:,," Itonature 0111. . It€'"# \k..QL Je y A. Ma aging atzkow sistant County Attorney '",~!en(ja ,):0.(.(: ~- Retn: CLIRK TO THI BOARD INTBROmCI 4TH nOOR m WE 4047926 OR: 4259 PG: 0183 RICORDID in the OFFICIAL RICORDS of COLLIIR COUNTY. FL 01/11/2001 at OJ:18PM DWIGHT B. BROCK, CLIRK RIC m coms 21.00 3.00 EXHIBIT "D" Prepared by and Return to: Collier County Housing & Human Services Department 3050 N. Horseshoe Drive, Suite 110 Naples, Florida 34104 ./ OR: 4291 PG: 1480 ,/ 16D 1"~~ DECLARATION OF RESTRICTIONS HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. a private, limited partnership, having its principle office at 11145 Tamiami Trail East, Naples, Florida 34113, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of NINE HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($950.000) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: Bearings are based on the South Line of Lot 14 having bearing of South 50028'30'. West. Lot 14 Block 4 of Naples Manor Addition, A subdivision as recorded in Plat Book 3, pages 67 and 68 of the Public Records of Collier County, Florida. Address: 5249 Hardee Street, Naples, Florida 34113. I. This Declaration of Restrictions shall be deemed as covenants running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to entorce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of$950,000.00 (Approximate range per lot $90,000- $100,00) in CDBG funds as provided through a grant Agreement with the County dated Februarv 1. 2007, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period of twenty (20) years commencing with the expiration date of said grant A~,'reement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility/property whose acquisition or improvements were funded through the grant Agreement that for a period of twenty (20) years after the closing date of said project (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless thc Declarant provides atfected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility/property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building tor the general conduct of government; or ii) The requirements of paragraph 3(b)ofthis section are met. b. If the Declarant determines after consultation with atfected citizens, that it is appropriate to change the use of the facility/property to a use which does not qualify under Paragraph 3(a)(l) of this section or discontinue use of the facility/property, it may rctain or dispose of the facility for such use if the ./ OR: 4291 PG: 14810~ 4259 PG: 0184 County is reimbursed in the amount of the current fair market value of the facility/p!p~yQesAny portion thereof attributable to expenditures of non-COSO funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimburscmcnt to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBO funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility/property will then no longer be subject to these restrictions once the County has recorded a release of these rcstrictions as described above. 4. The Declarant agrees to notify the County in writing through the Housing and Human Services Department of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. 5. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms ofthe grant Agreement and this Declaration of Restrictions. 6. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the twenty-year (20) period described above. 7. Declarant shall submit a Recorded Deed Restriction to Housing & Human Services staff for each unit built and occupied with CDBO funding at Naples Manor, in Naples, Florida. *** OR: 4259 PG: 0185 *** Executed this ISfl.-aay of ?~ ./ *** OR: 4291 PG: 1482 ***.,/ ,20 07 .. 1 6 D 1 . "~l Habitat f~ma.'ty of;5:oV:r County, rnc. />'/ ~.. ..v1 ..~ BY: // ..;: t/ '" SAMUEL J. 0, M.D., PRESIDENT (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF Th, ["go"g Agre",,,,' w", ",k"~ b,[,re m, 'bi;;;} '"'~ ,20 ~b 'I1mwFYv-R..sV / ~ day of , as of , who is personally known to me or has produced YdmJJ/1 JI-. !-(fJ2!?fl2.lf (Print or type name) Notary Public State of Florida at Large My Commission expires: c~;2? ;010 j'''''''', YOLANDA H HERRERA .~ \1'\ (11\1i\11~~1():'\" uD5~S~~~ "'-'J.)-,-" ,~/~ I:\I'IHI~ Jul." n. :'lIjn I.'"'' '-"'l.W, I-I """",,,Il"",(""'1l,\%ICl'" 'VVV'V'VV' 16 D 1 I ~ Record and Return to: Collier County Housing & Human Services Department 3050 N. Horseshoe Drive, Suite 110 Naples, Florida 34104 239-252-4663 RELEASE THIS DOCUMENT is signed by Collier County, Florida ("Lienee"), who is the owner and holder of, and has not transferred, assigned, pledged, or otherwise encumbered any interest in, the following described Declaration of Restrictions ("Restriction"): Declaration of Restrictions recorded on July 17, 2007 from Habitat for Humanity of Collier County, Inc., ("Lienor") to Board of County Commissioners of Collier County securing those certain Covenants of land in the original amount of Nine Hundred and Fifty Thousand and 00 DOLLARS ($950,000), which Restrictions are recorded in the following: Official Records Book 4259, Pages 0183 through 0185, inclusive, of the Public Records of Collier County, Florida, encumbering certain property located in Collier County, Florida, as more particularly described in the Restriction ("Property"); and THAT Lienee hereby acknowledges that the Restriction was recorded in error and does hereby surrender the Restriction as canceled, releases the Property from the lien of the Restriction, and directs the Clerk of the Circuit Court in and for Collier County to cancel the same of record. DATED this ~ day of ;,".' ,2007. A TrEST: DWIGHT E. BROCK, CLERK ....~_B.Y: ....~U Ifonature on I'. By: JAMES COLETTA, CHAIRM atzkow sistant County Attorney Retn: CLERK TO THB BOARD INT!RO!!IC! 4TH nOOR B1T 8406 4U4j~Zb OR: 4Z~~ PG: UIBj R!CORD!D in the O!!ICIAL R!CORDS of COLLI!R COUNTY, !L 01/11/1001 at 03:1m DWIGHT !, BROCK, CLBRK RRC m coms 27. 00 uo EXHIBIT "D" 1601 t Prepared by and Return to: Collier County Housing & Human Services Department 3050 N. Horseshoe Drive, Suite 110 Naples, Florida 34104 DECLARATION OF RESTRICTIONS HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. a private, limited partnership, having its principle office at 11145 Tamiami Trail East, Naples, Florida 34113, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of NINE HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($950.000) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: Bearings are based on the South Line of Lot 14 having bearing of South 50028'30" West. Lot 14 Block 4 of Naples Manor Addition, A subdivision as recorded in Plat Book 3, pages 67 and 68 of the Public Records of Collier County, Florida. Address: 5249 Hardee Street, Naples, Florida 34113. I. This Declaration of Restrictions shall be deemed as covenants running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration, 2. In consideration of the County's grant in the amount of $950,000.00 (Approximate range per lot $90,000 - $100,00) in CDBG funds as provided through a grant Agreement with the County dated Februarv 1. 2007, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant"s funding application to the County, and as described in said grant Agreement, and as set forth below, for a period of twenty (20) years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility/property whose acquisition or improvements were funded through the grant Agreement that for a period of twenty (20) years after the closing date of said project (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements wcre made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to commcnt on, any such proposed change and either: i) The ncw usc of the facility property, in the opinion ofthc County, qualifies as mecting one of the national objectives dcfined in thc regulations governing the CDBG program, and is not a building for the general conduct of government; or ii) The requircments of paragraph 3(b)ofthis section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility/property to a use which does not qualify undcr Paragraph 3(a)( I) of this section or discontinue use of thc facility/propcrty, it may rctain or dispose of the facility for such usc if thc OR: 4259 PG: 0184 16 D 1 ~ County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility, property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. 4. The Declarant agrees to notify the County in wntmg through the Housing and Human Services Department of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. 5. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms ofthe grant Agreement and this Declaration of Restrictions. 6. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the twenty-year (20) period described above. 7. Declarant shall submit a Recorded Deed Restriction to Housing & Human Services staff for each unit built and occupied with CDBG funding at Naples Manor, in Naples, Florida. Ext:cuted this / Sfl.-aay of 0~ *** OR: 4259 PG: 0185 *** 16D1 ,20 07 (CORPORATE SEAL) Habitat forJkhnay,ity ofCoUier County, Inc. ,,/ ' // /' . / ,/ " / / ".vl'~ BY: ./.// . / V ~ SAMUEL J. RSO, M.D., PRESIDENT / STATE OF FLORIDA COUNTY OF Th, th'~""g A,,~m~t ww 'drno:~ h,'m, m, th,;d /ktLt ,20 () r.b 'I1m(..~fi!..f(-5.V J ~ day of , as of , who is personally known to me or has produced Yv//hJJ/f II-- JI<;:(2k.~Kjf (Print or type name) Notary Public State of Florida at Large My Commission expires: "Jrc2Z ,polV ,'''''''. YilLAM1A II. HERRERA ~ \1'\ ('1)',11o.!1~~ln\;:, 1Ji)5-~,H_~ "\~,!,,,:/~ I \l'lln~ JlIl,v n JIIIO I ,,",. ,.'-,,(\0<\ I.; '-nl~" I)"" ".,nl .\",'" l',' 'VV'V'''^^~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 n 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO,' ... THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hiUld delivered to the Board Office The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the . fth Ch . ,. 1 th h # h exc_eptlon 0 e airman s ~gnature, draw a ine roug! routi~g lines 1 trough #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee( s) Office Initials Date .....LUst in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Offict: PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. NormaHy the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached 90 fo,I)3 cr Yes (Initial) N/A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Omce and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines' The document was approved by the BCC on ID '7 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. -Jf j/fr ); Fonnsl County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 16D3 MEMORANDUM Date: October 11, 2007 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: 2007 Tourism Agreement Between Collier County and The City of Naples (Beach Maintenance, Doctors Pass Monitoring and North Jetty Doctors Pass Rehabilitation) Enclosed please find five (3) original contracts, as referenced above, (Agenda Item #16D3) approved by the Board of County Commissioners on Tuesday, October 9,2007. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures (3) 16D3 EXHIBIT A-I Contract Amendment # I 2007 Tourism Agreement Between Collier County and the City of Naples (Beach Maintenance, Doctors Pass Monitoring and North Jetty Doctors Pass Rehabilitation) This amendment, dated (Jclohu 1 , 2007 to the referenced agreement shall be by and between the parties to the original Agreement, The City of Naples (to be referred to as "Grantee") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: 2007 Tourism Agreement Between Collier County and the City of Naples, (Beach Maintenance, Doctors Pass Monitoring and North Jetty Doctors Pass Rehabilitation). In order to continue the services provided for in the original Contract document referenced above, the Grantee agrees to amend the above referenced Contract as follows: Increase the funding amouut for the North Jetty Doctors Pass Rehabilitation Graut. Note: Words struck threHgh have been deleted, words underlined have been added. Delete from the Preamble: Sixty Fiye ThoHsand Dellars ($65,OQQ.QO) for the North Jetty Doctors Pass Rehabilitation. Add to the Preamble: Seventy One Thousand. Seven Hundred Seventy Two Dollars ($71.772.00) for the North Jetty Doctors Pass Rehabilitation. Delete: Section 2. Payment and Reimbursement: SiJEty Pi...e ThsHsalld Dollars ($65,000.00) for the North Jetty Doctors Pass Rehabilitation. Add; Section 2. Payment and Reimbursement: Seventy One Thousand. Seven Hundred Seventy Two Dollars ($71.772.00) for the North Jetty Doctor's Pass Rehabilitation. Original funded amount $65,000.00; Additional funding required $6,772.00; Revised funded amount $71,772.00. The Grantee agrees that this amends the original funding for the North Jetty Doctors Pass Rehabilitation project and that the Grantee agrees to complete the North Jetty Doctors Past Rehabilitation in the amount of Seventy One Thousand, Seven Hundred Seventy Two Dollars ($71,772.00). This Amendment shall extend the Agreement through April I, 2008. All other terms and conditions ofthe agreement shall remain in force. 16D3 ~ IN WITNESS WHEREOF, the Grantee and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the dater s) indicated below. ATTEST,," ( Dwiglit E:. B,rqc~, dlerk . .. . ~ By; .......' :J!J "'"'"" ft., 1 . "". S qn,'}tur'~t r:..... 1 " GRANTEE; . T ITY BY;~ jl~rnett,Mayor 4~d.~ Tara A. Norman, ity Clerk ~sO f~ B;;:;~ . JesSiCa... R. ~sen&Rb printe~1r7trl1jeCLei2J( Approved as to form and Legal sufficiency: C~m~ Assistant County Attorney 6>/leen {VI. fJreene... Printed Name Approved _ to fonn 8IId ~ By ~At ,\) V",^\'l Robert D. pritt, CItr AttoIMy Accepted: (A"J./Dbu. 7 OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, F By: DEPARTMENT DIRECTOR By: ~ (Ija~ At u ();~. Gary Alpin ' TRATOR By: I ,2007 Ilem# ~~03 Agenda 1~/'i-101 Date l'" Date Rec'd ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infommtion needed. If the document is already complete with the execntion afthe Chairman's sienature, draw a line throUlzh routin21incs # I throuclt #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinv order' I .Frank Ramsey Housing and Human Service 71- IO/q/O} 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMA nON (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing information. All original documents needing the Bee Chainnan's signature are to be delivered to the BCC office only after the BCe has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10/09/2007 Agenda Item Number 16D_Y Approved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attomey. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attomey's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines' The document was approved by the BCC on 10/0912007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial 2. 3. 4. 5. 6. 1t- nla ift- '9i # I: Forms! County Fonns! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1J' VI Return to 4082445 OR: 4291 PG: 1501 RECORDED In OFFICIAL RECORDS of COLLIBR COUNTY. Fl 10/11/2007 at 08:15AM DWIGHT B. BROCK. CLBRK mPBB 27.00 coms 3.00 Frank Ramsey HHS 3301 E Tamiami Trail Naples. FL 34112 File# 08-002-IF Retn: CLBRK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 This space for recordin~ 1604 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this J.L day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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 unit(s). 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 Thousand Three Hundred Seventy Two and 46/100 Dollars ($19,372.46). 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 (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] of2 16D4 OR: 4291 PG: 1502 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 tht: 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 written. Attest: DWIGHT E BROCK. p~ By: . .\tte'tttf> to 0..;,.." eputy Clerk S 19l1ature 01110. '. '.' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA 2001" By: Witnesses: C\ fI, , J!' SATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this rL day of 5~ t:.,k,,,,{(( 2007, by Samuel J. Durso, MD. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me. ) .' [NOTARIAL SEAL] i ( i( l,-- CWo ature of Notary Public) " }fjl /iil #- flYd,e~I''( /1 (Print Name of Notary Public) ,""". YOl.ANDA ii iliFRLlCI <.W'" \lYCU\l\\lS\\ll,-'; 1)]1'-:;;:\;;' ,ftr..y"" lXI'IIU<.; ill.\ ';'1:' '.., d r,_ o :":~""-~'_"I W.\ i '""",-, I)".".' " 1-,.,-,: Jeffrey Manag g form and Recolj1mend apprtval: I ' I., M~~; ~:~bijj~i~ec~r ~f - I Housing & Human Services Page 2 of2 *** OR: 4291 PG: 1503 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 37, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved~_I_ 1604 Amount Owed $ I 00.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J 6 D 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print 011 pink paper. Mtach to original document. Original documents should be hand delivered to the Board Ot11cc. The completed routing slip and original documents arc to be forwarded to the Goard Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's signature, draw a line throullh routing lines # 1 through #4, complete the checklist, and forviard to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I . Frank Ramsey Housing and Human Service #- 10)1/01- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10/09/2007 Agenda Item Number 160-5 Aooroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages ITom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines~ The document was approved by the BCC on 10/09/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Hcable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. 7f,L Tt- ~ 7j7t. n/a ~ .71- I: Formsl County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised ].26.05, Revised 2.24.05 Return to 4082442 OR: 4291 PG: 1492 RECORDBD 10 OFFICIAL RECORDS of COLLIER COUNTY I' 10/11/20Di at 08:14AM DWIGHT B, BROCK. CLBRK . l REC m 2i.00 CaPlES 3.00 Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL34112 FiIe# 08-003-IF Retn: CLBRK TO THB BOARD INTBROPIICE 4TH ILOOR BXT i240 1605 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ...ll day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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: 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 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 Thousand Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). 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 oflien. 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 (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 I of2 1605 OR: 4291 PG: 1493 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 written. I'If Attest: ~, DWIGHT E:'BROCK, Clet B~. Attest IS 1;0. Cha I ";'.all lignature 0111-, ,,, ) ,.- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA tar/-, By: JA DEVELOPER: Habitat for Humanity of Collier COUll3, IP. \i:..-;,,". ~//:d'~ ~..:;~:#~[~. .' B~ ,,:t:~,~ L 1... ,~ --t ~ / ''''' '.. :/'1 " ' . Samue}f: Durso, M.D. Title: 'President /1'/. --- STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this JL day of ,Sop ~(I>1.h(i , 2007, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me, .'".,.",,, YOl.AND,\ II H[RRER!\ J;;J... \!Y C()\1111]SSI( 1\. I)I),~'~", ,\~~,-r f-XI'IRI'i I\>k'-'. ,'('i': ~:::\...._,,:..l)"""""'" [NOTARIAL SEAL] Approve legal su and R~.. m'"d~~J.. \. . 'M y Krumbine, ,hector of Housing & Human Services , Jeffrey A. Managing Page 2 of2 *** OR: 4291 PG: 1494 *** EXHIBIT" A" LEGAL DESCRIPTION Lot 38, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, 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 C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _1_1_ 16D5 Amount Owed $ I 00.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '6 0 6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURIi . Print on pink paper. Attach to original document. Original documents should he hand delivered 10 the Board Office The completed routing slip and original documents are to be forwarded to the Board Oflicc only after the I~oard has l{lkcn actioll on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exeeotion of the Chairman's signature, draw a line through routinE: lines #] through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I .Frank Ramsey Housing and Human Service ~ IO/1/o:r 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, nced to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item,) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10/09/2007 Agenda Item Number 16D-" Aooroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO date. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a lieable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 10/09/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes N/A(Not (Initial) A lieable) 1L rrL n/a ,71- ~ 2. 3. 4. 5. 6. 1: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4082440 OR: 4291 PG: 1486 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL 10/11/2001 at 08:10AM DWIGHT B. BROCK. CLBRK RBC FBB coms 21.00 3.00 /ll \ /1 , ./ Frank Ramsey HHS 3301 E Tamiami Trail Naples. FL 34112 FiIe# 08-004-IF Retn: CLBRK TO THE BOARD INTEROFFICF 4TH FLOOR BXT 124 0 This space for recording 1606 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ft day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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 dwdling 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 Thousand Three Hundred Seventv Two and 46/100 Dollars ($ I 9,372.46). 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(s). 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 otht:rwise 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 oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and tht: default is not cured within 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 bt: 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 1606 OR: 4291 PG: 1487 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 partit:s 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 written. Attest:. " DWIGH:TE. BROCK, Cit;,rk ,~ - ~ BY~~ 7: 1 "'~!~~:(;'.~lr~ , y;'}0i4I~ ',,",. ,..' ~'.." ~~, , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RY~~ J ES COLETTA, Chairman ~ii~:':t;,,~'S;1 DEVELOPER: Habitat for Humanity of Collier County, Inc. HY~~ . S'amuel J. urso, M.D. Title: President Print Name ~. . L{~ .t: Fr' am: y, . iL. kr1? tlrJ/'c--' ST ATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of Yplr...t,..r, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me. ",,""0"-0 YOLANDA H HERRERA ..WI \1'i C(J\,1\tISSION l)n'i:\(\(~:i ,%~J,/} i-Xl'lHISJulv.'7..'illll I :r~"'~~" \\<.' 1-: !,:""-,,,.Ih,,',,<,," ..h"'" (-" :( -~.. [NOTARIAL SEAL] Appr and Reco~mend approvil: legal I , ., I , )'--') J/ .-,,-' lI.._/~ Jeffrey tzkow a y Krumbine, rector 0 f Managi istant County Attorney Housing & Human Services Page 2 of2 *** OR: 4291 PG: 1488 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 39, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, ofthe Public Records ofCoIIier County, Florida, EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _1_1_ 16D6 Amount Owed $100.59 $62.08 $368. I 8 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 D 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Otrice The completed routing slip and original documents are to be forwarded to the Board Office only after the 130ard has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures. dales, andlor information needed. If the document is already complete with the exceotion of the Chairman's sienature, draw a line throm!:h routine: lines # 1 thrau{!/} #4, comnlete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routinp" order) I.Frank Ramsey Housing and Human Service #- ID)QI01- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10109/2007 Agenda Item Number 16D -"7- Aooroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 10/09/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. ~ ~ :w: *-- #- nla I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1'/1 ~I Return to 4082437 OR: 4291 PG: 1476 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. FL 10/11/2007 at 08:08AM DWIGHT E, BROCK. CLERK RBC FEE 27.00 coms 3.00 Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 File# 08-005-IF Retn: CLERK TO THE BOARD INTBROFFICE 4TH FLOOR m 7240 This space for recording 1607 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this.J.l day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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: 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 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 unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fet:s are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Ninett:en Thousand Three Hundred Seventv Two and 461100 Dollars ($19,372.46). 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 oflien. 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 (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, colkct 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 I of2 1607 OR: 4291 PG: 1477 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 written. Attest: DWIGHTE. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLiER COUNTY, FL RIDA ~O1- By: . ~tUst i$. to C'1I41~n s' $ i{'l'\4turt': Oitt." . By: JA S COLETTA, Chairman Witnesses: DEVELOPER: Habitat for Humanity of Collier County ~~~c~ /~2/~ By' ~/./~_->z-- 7Samuel . urso, M.D. Title: President S 1\ TE OF FLORIDA COUNTY OF COLLiER The foregoing instrument was acknowledged before me this 2 day ofS<,p~".Jcr, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me. J''''''''.. YOI AND., ii !IiRRER.'\ '~ \1': (~(J\1\1I":-]Ii'< !"I)"--,,:,:~~ ''y.,,,, ",--,,"" 1:\1'11(1:-; Ill!, _'-' '1)11) 1 """""..\F\ 1'1 "-"1.",.1\-,,,,,,,, ~~ [NOTARIAL SEAL] Appro legal s tz w . stant County Attorney Recommend approval: / (. ~ .1 ( /~ '~;';r:~~i~;'tir~ct~;'~f Housing & Human Services ~. Jeffrey Managin Page 2 of2 *** OR: 4291 PG: 1478 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 40, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _/_1_ 1607 ....l Amount Owed $ I 00.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original documr.:n1, Original documents should be hand delivered to the Board Oflke The completed routing slip and original documents are to be IOf\\'arcted to the BO<lrd Otllcc only after the Board has taken action 011 the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the exccntion of the Chainnan's sip-nature, draw a line throm~h routing lines # I throu~h #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in roulin" order) I.Frank Ramsey Housing and Human Service #- 10/1 I 01- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafTfor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the item) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10109/2007 Agenda Item Number 160 -1)' Annroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original ] Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages trom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages trom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a plicable. "Sign here.. tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC au 10/09/2007 and all changes made duriug the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A Iicable) 2. 3. 4. 5. 6. 1L #- 7f!- T? 7f- nla ~ I: Forms! County Forms! Bce Form~! Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05 Return to 4082439 OR: 4291 PG: 1483 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. Fe 10/11/2007 at 08:09AM DWIGHT E. BROCK. CLBRK REC m coms 27. 00 3.00 If') Y Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 File# 08-006- IF Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR iXT 7240 This space for recording 1608 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this J..1 day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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: 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), 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 Thousand Three Hundred Seventy Two and 46/100 Dollars ($19,372.46). 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(s). 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 oflien. 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 (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 1608 OR: 4291 PG: 1484 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 written. Attest: DWIGHt E. BROCK, qerk BY:~~'~ AU;e$te'Sto (:h.; '~l\ eputy Clerk .1~Oi1t~" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By d~~,o~ ES COLETTA, Chairman DEVELOPER: Habitat for Humanity of ~.licrC"OOI~~ ~~ By: ~. ~- . Samuel}.: urso, M.D. Title: President S TE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this.1l day of.~~\ e",~((, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier Cou ty, Inc. who IS ::::::;o;;;]me. 2- (',- (~~ atu Of.N otar0. ../bliC) """'. YOLANIlI II IIIRRERA ,./ Cj I(f:/a H :;,~, \11" Ir~I;:~li~"I'~I\~\ .'-':\~')i-:;'I~":<'; (Print Name of Notary Public) '"", '~;'" W,\ I', \e'.L;'" ilL'."""" ,\',"', ' Approve legal su Re,:o.. mmend aPPrOVal: ( I / . I ( ,\/),~..-J""', J" .'-:"1- ,--.", \., _,_ ( '-Mllrcy Krumbihe'; Director of Housing & Human Services Jeffrey A. lat Managing ssi Page 2 of2 *** OR: 4291 PG: 1485 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 41, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records ofCoIlier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMP ACT FEES JAK Approved ~/_I_ 16D8 '~ Amount Owed $ 100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,5 I 5.00 $]9,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand ddivcrcd to the Board Omce. rhe completed routing slip and original docllments are to be forwarded to the 130ard Office only after the Board h<lS taken action 011 tlK item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the excePtion of the Chainuan's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date ! (List in routimr order) I.Frank Ramsey Housing and Human Service #-- IV/1/01- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10/09/2007 Agenda Item Number 16D_q Approved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 10/09/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Hcable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. 1L #- n/a ~ 7e 71- J: Forms/ County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ri.eturn to 4082436 OR: 4291 PG: 1473 RECORDED lP. OFFICIAL RECORDS of COLLIER COUNTY. FI 10/11/2007 at OB:07AK DWIGHT E. BROCK. CLBRK RBC FBi COPlBS 27.00 3.00 ~^ \J Frank Ramsey HHS 3301 E Tamiami Trail Naples. FL 34112 FiIe# 08-007-IF Retn: CLBRK TO THE BOARD INTiROFFICi 4TH FLOOR iXT 7240 This space for recording 1609 '~ LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ~ day of September, 2007, between Collier County, a political subdivision ofthe State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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: 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 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 Thousand Three Hundred Seventy Two and 46/100 Dollars ($19,372.46). 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 reI east: oflien. 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 (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 16D9 OR: 4291 PG: 1474 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 written. By: Attest a',; t9. en4 It o' signature 0111".: i " ' . By: zeD?' Attest: DWIGHT E. BROCK; Clerk Witnesses: DEVELOPER: Habitat for Humanity of Collier County, Inc. ~.~~.=--- By' ~y~C/C:/ / amuel J. urso, M.D. Title: President T ATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of :'Jcp\O'lJ,,( 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me. ~ ,"''''''., YOIANDf\ fl HERRIR\ t....w. \~y (,oWv\l.\;"Ii)~.; . _lll)<X~~' ,~.~c' I'XI'II\I'<; Jlllv,'.? 'Ill" J-c" ",_" ".' 1'1 ~,',I,,'\ 11\,_...,,,,,, \-""". ( ,,,.,,,.,,,(.,,:-',' "-'::"::::"_..~ 1'l.~~v",----- Y iU.(,/[L.---'/ tyrrf/Notary ~ublic) Y l c/ .J4. ( rint Name of Notary Public) [NOTARIAL SEAL] Approv legal su Re,:ommend apprfval: (. .' \ "'. ',' jM~~Y' K~mbint bi;ec;;;r'of .!. Housing & Human Services Jeffrey A. Managing ssi ant County Attorney Page 2 of2 *** OR: 4291 PG: 1475 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 42, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, 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 C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMP ACT FEES JAK Approved _1_1_ 16D9 Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 t... D 10 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU'Jb:U Print Oil pink paper. Attach to original document. Original documents should he hand delivered to the Board Oflice. The completed routing slip and original documents are to be forwarded 10 the Board Otlice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infomlation needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) I .Frank Ramsey Housing and Human Service '#- 1O}'1/0:;- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the item) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 1010912007 Agenda Item Number 16D -10 Approved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 10109/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chaD es, if a licable. Yes (Initial) N/A(Not A plicable) 2. 3. 4. 5. 6. ~ ~ 7-L TrC- * nla ~ I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4082435 OR: 4291 PG: 1470 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY. F1 10/11/1007 at 08:06AM DWIGHT E. BROCK. CLERK REC FE! 17. 00 COPIES J.OO rr '\j\ Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 Retn: File# 08-014-IF CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16 D 10 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this J] day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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 "8," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). 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 (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 I of2 16D10 OR: 4291 PG: 1471 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 written. Attest: DWIGHT E.BROCK:, Clerk B~J,.! BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "'~' lj , . By: I MES COLETTA, Chairman -, ,,~. . ~".t ~ ',. ",1' Witnesses: /) ~? k;t;!tt ,~~ /~. . Pnnt Name . ,~( ,~u- l Co-...;. ~'''f 7, cat: c(- . f'. int Name DEVELOPER: Habitat for Humanity of Collier County, Inc. -r ___' /2,;';/ ",;~;:;,-~/ >_:;~-;;;~ B.. //;;:;j;;?/) /:';-;:::2--- ~~.,t: /' / t: Samuel J. Du , M.D. Title: President ST ATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this..lL day of '!X,f?t.vt'/2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me. f""'.,. YOl ANI}\ II III RRIRA ". W '.1V ('(j\l\tl\\IiI\ I)I),:,,:~~\~ ,o\"'tf/..r IXI'IIH" ,I[;!\ ,:;'1'[(1 ~'''' ,,\-'--"-.. I" \..'1 ,.,..' '':''C'.'''''' ..\'.'.." f "''''''''I\.:~ I [NOTARIAL SEAL] Jeffrey A. Managing ssi Recommend approval: t' ( /\,v -,', ,,\ j\. ~j 1Vlarc'y Krumbine, bitector of Housing & Human Services Page 2 of2 *** OR: 4291 PG: 1472 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 129, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records ofCoIlier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved ~ ~_ 16DIQ Amount Owed $ I 00.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,5 I 5.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to onginal document. Original documents should be hand delivered to the Board UlriC(: The completed routing slip and original documents are to be forwarded to the Board Office only ll.fti'r the l~oanl has taken action 011 the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's siQnature, draw a line throu2:h routin" lines #1 through 114, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) I.Frank Ramsey Housing and Human Service ~ 10/1 Jot- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's sib'11ature are to be delivered to the Bee office only after the BCC has acted to approve the item) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10/09/2007 Agenda Item Number 16D II Approved by the BCC Type of Document Impact Fee Deferral Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! 6. The document was approved by the Bee on to/09/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chao es, if a licable. Yes (Initial) 'it- ~ n/a ~ Ji:- -:rt- 7L 1: Forms! County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Il-J \ ' ,j Return 10 4082454 OR: 4291 PG: 1522 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, lL 10/11/2007 at 08:38AM DWIGHT B. BROCK, CLBRK RBC FBB 27. 00 coms 3.00 ..'rank Ramsey IIIIS 33(11 t: Tamiami Trail Naples. 1'1,34112 FiIc# 08-00t-IF Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 16D11 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF tOO% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this J.l day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (DEVELOPER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agrce 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 issuance of this Agreement until six (6) months aftcr issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless thc dwelling units are sold to households mecting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the defcrred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). 5. The deferred impact fces 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 licn against the dwclling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public rccords of the County. The deferrals of impact fecs and this Agrecment shall run with the land, and ncither 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 intercst, this lien shall otherwisc 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 oflien. 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 (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 I of2 16u11 OR: 4291 PG: 1523 declarc that thc dcfcrrcd impact fccs arc thcn in dcfault and immcdiatcly duc and payable. Thc COUNTY shall bc entitled to rccovcr all fces and costs, including attorncy's fec and costs, incurrcd by thc COUNTY in cnforcing this Agrecmcnt, plus intcrcst at thc thcn maximum statutory ratc for judgmcnts calculatcd on a calcndar day basis until paid. 8. This Agreement is the sole agreemcnt between the parties with respect to the subjcct matter herein, and shall be binding upon thc 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 Agreemcnt on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: L\'~,~~t ~t:; ,j 1 ""atl""'" Di'V :~!f~J Print Name ".fine h.\ . Witnesses: , (....", SATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged bcfore me this JL day of 5tpl (1?J6t:~ 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me. [NOTARIAL SEAL] .)"'".'.) YOI )\~j),\ lI.HERRERA ".::tJ.J~ \1Y nl\1\tI:-".lil"\.' _ Dll~7~~HS 'f.rIJi!IfI'..,f IXI'\I':j'y 1<11.' '7'1110 ~,),o,.,<1. .. I:'. '-ot".:' 1'1<''\1''- ,\,.,.,.:.'., I "WI I N'li \~" " 7jJl,{/---- \l1~;Z;ubliJjdlf'I/Y! 1)-- (Print Name of Notary Public) -I Approv legal su Rec mmend appro al: Jeffrey A. Managing , / ~_ .-\....___.., /K.....__\ ".e,; arcy Krumbine, 0 ector of Housing & Human Services ~ Page 2 of2 *** OR: 4291 PG: 1524 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 167, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records ofCoIlier County, Florida. EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approvcd_I-.t_ 16D11 Amount Owed $100.59 $62.08 $368. I 8 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLJ'i rh n 'I ;:>> TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~JL \,) ~ J. ""'" THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered 10 the Board O[fic~ The complekd fOuting slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. [fthe document is already complete with the exception of the Chainnan's silmature, draw a line through routing lines # I through #4, comolele the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!! order) I.Frank Ramsey Housing and Human Service 7?- 1~/1/07- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statffor additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the BCe has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10/09/2007 Agenda Item Number 16D-Iz.... Aooroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten sttike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the Bee on 10/09/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a lieable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. W- ~ Te- Te ~ nla 7-{- 1: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4082452 OR: 4291 PG: 1518 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 11 10/11/2007 at 08:37AM DWIGHT E, BROCK, CLERK REC m 27,00 coms 3.Q0 It} 'V Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL34112 Retn: CLERK TO THE BOARD INTEROmCB 4TH FLOOR EIT 7240 File# 08-008- IF 16012 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this L1- day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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: 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), 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 Thousand Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). 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(s). 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 oflien. 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 (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 I of2 16012 OR: 4291 PG: 1519 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 written. Attest: .\ '. \f'I' DWIGHT E, BROCK, Clerk (j;'A ",/!.. . By: /i~; Attest uto Cll41...... 11 gnatureOll ~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By P~D1- J S COLETTA, ChaIrman Witnesses: ','" I..~' , J ;lu cl~cuJ PrInt Name 1 )tt -\-1 I" \ \ I }jff-e-wLU'-;-' t Name k/mLbt. )..{././i:...~LcL /1-- STATE OF FLORIDA COUNTY OF COLLIER . The foregoing instrument was acknowledged before me this ..Jl day of 5t fv~ ,J,rv, 2007, by Samuel J. Durso, MD. as President for Habitat for Humanity of Collier Coun y, Inc. who is personally known to me. DEVELOPER: Habitat for Humanity of Collier County, Inc. .7 ~~/~ ~p~ By;/~ .~~- Samuel J. urso, M.D. Title: President [NOTARIAL SEAL] 0"''"''. YOI.\Nll:\ llllIRRLR!\ ...W.... \\\'(()\l\ll:-.S\(),\ I1U'_>'-,)\' <f,\,Yr_,~ ' I-XI'JtU'S .lul: ,", _'1111, 'f"J!""'/, ", '."".cw.ll,',.,,,,"' ,\"--.- \ ...,''''''~ <. L./ (~'g at of NO] Public). / . .. . 'lclct it // ff6fi!.If',(1'( (Print Name of Notary Public) Appr legal tzkow Pi. istant County Attorney mend approval: ( \ \ . /Marcy Krumbin , D'rector of Housing & Human Services Jeffre Managi Page 2 of2 *** OR: 4291 PG: 1520 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 171, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMP ACT FEES JAK Approved --.J_I_ 16D12 Amount Owed $ I 00.59 $62.08 $368. I 8 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,4 15.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI~ 6 . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 U 13 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original doculllents should he hand delivered to the LJo(lrd (Hlice. rhe completed routing slip and original documents are to be t'orwarded to the Board Office only lifter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the f h Ch d I th 1 I # 1 h h #4 1 h h kl d DdS 'I I # exceptiOn 0 t e airman's signature, raw a me rougn routmg mes t rougr , camp ete tee ec 1St, an orwar to ue r.l son (me 5). Route to Addressee(s) Office Initials Date (List in routing order) I ,Frank Ramsey Housing and Human Service ~ I D/ti/D1- 2. Chairman James Coletta BCC 3, 4. 5, Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder ofthc original document pending Bee approval. Normally thc primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10/09/2007 Agenda Item Number 16D-tS Approved by the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is ap ro riate. Original document has been signed/initialed for legal sufficiency. (AIl documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fuIly executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) AIl handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman'5 si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC omce within 24 hours of BCC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 10/09/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable, Yes (Initial) N/A(Not A Iicable) 2. 3. 4. 5. 6. if- '7L ~ -=K- 7f- n/a ~ I: Forms! County FomlS! BCC Forms! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24,05 4) Vf Return to 4082451 OR: 4291 PG: 1515 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 10/11/2007 at 08:35AM DWIGHT E, EROCK, CLERK mm 27.00 coms 3.00 Frank Ramsey HHS 3301 E Tamiami Trail Naples. FL 34112 File# 08-009-IF Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR !!T 7240 16D13 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this l1:::. day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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: 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 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 Thousand Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). 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 bt: 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 (I 0%) 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 I of2 16D13 OR: 4291 PG: 1516 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 written. Attest: , DWIGHT )3. BROCK, Clerk BY~~ . . 'i. ,. ., Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, F ORIDA By: J DEVELOPER: Habitat for Humanity of Collier County, Inc. ~ ./>"'..--:7 Z' ,~,,/", ,://' /~//~/.. - B. /~'~. ~- :s:;~~-?" ---- Y / /' , ~ " ~0:< c::------ ./ J"" .'.... -' ~ i,../ -,e'tf---./ Samuel !.4JurSo, M.D. Title: Ptesident Witnesses: 1 t OJ ~ '" r: ~, ) ( \If) r: ( J.j PnntNameT)((Hu \ \\ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of ~:,:>\?p\t't~'; 2007, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me. .-".' "('&, YOLANDA II I!IRRIRA \11' ('(1\1~1I:-;:-;ID\ DI}:;~'~:):; IXI'IRI<'; lulv ,J','_ _)11:' ., I '"-""r',:l;-,,';,,lI.\-,'n: ,'" . -Ie /f--- [NOTARIAL SEAL] :.~, "",.;",'1 Appr legal Recommend approval: , I \ " .' / ,- -- ....'....-- "', " L ~,_.v' J effre Managin -Mar y Krumbine, ir ctor of Housing & Human Services Page 2 of2 *** OR: 4291 PG: 1517 *** EXHIBIT "A" 16u13 LEGAL DESCRIPTION Lot 172, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMP ACT 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. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMP ACT FEES $100.59 $62.08 $368.18 $750.00 $ I ,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,5 I 5.00 $19,372.46 JAK Approved _/_1_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 14 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board OITlc<: The t:Olllpktcd routing slip and nriginal documents are to be forwarded 10 the f30ard Ollice only aftcr the Hoard tHIS taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the f h Ch '. d I h h I #1 h h #4 I h h kl d fi d S FI (I' #5) exceptlOn 0 t e aIrman S sIgnature, raw a me t rougn routing I mes t raug , camp ele tee ec lst, an orwar to ue ] son me Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service -::f!- lO}qj01- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder oflhe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman '$ signature are to be delivered to the BCe office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10/09/2007 Agenda Item Number 160 _ 11--( Approved by the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a fa riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 10/09/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not Ap licable) 2. 3. 4. 5. 6. 7i- '=ff-, ~ -=K 7t- n/a ~ l: Forms/ County FomlS/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4082450 OR: 4291 PG: 1512 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. lL 10/11/1007 at 08:34AM DWIGHT B. BROCK. CLBRK NBC FBB 17.00 COPIBS 3,00 \}J Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 FiIe# OS-OlO-IF Retn: CLBRK TO THB BOARD INTBNOF!IC! 4TH FLOOR BXT 714 0 16n14 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1.:1:..- day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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: 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 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 Thousand Three Hundred Seventy Two and 46/100 Dollars ($19,372.46). 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 oflien. 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 (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 16D14 OR: 4291 PG: 1513 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 written. Attest: ," ' , DWIGHTE:BRC)c:K',' Clerk ::lr~,t4, Id:ti.t$i -trI to 'ChI " s , Deputy Clerk SignatUl"t.oo.l. BOARD OF COUNTY COMMISSIONERS ::LLlE~o~ JA~ES COLETTA, Chairman ",; -;,. I"{:'C STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this D=- day ofSrp\n,J>r(; 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me. [NOTARIAL SEAL] i"""'<, YOLANDA II. HERRERA ~ \1\i('()\1\1ISSI()'\::DI)S,'H~~:i "\'r" ".0"" I.:\I'IRI'S I',II\' -~.., _'011) I."""",:.\F.\ II '"J"nll"'C";,,,,,,\,,,.,<(', /' (81 ature of Notary Public) , y(! Ie) 1/1 tlc/lr /('/C['/ /1- (Print Name of Notary Public) Recommend approvlll: . \ \ \ (.'-' ""'" ..." / \ "'-., ".!;.. tant County Attomey M cy Krumbine, irct:tor of Housing & Human Services Page 20f2 *** OR: 4291 PG: 1514 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 173, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records ofCoIIier County, Florida, EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMP ACT FEES JAK Approved ~ _1_ 16014 Amount Owed $ I 00.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,4 15.00 $3,5 I 5.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIlP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D 15 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT Print on pink paper. Attach to original document. Original documents should be hand delivered 10 the [~oard Office. The completed routing slip and original documents are to be torwardcd to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing tines # 1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the excention of tile Chairman's signature, draw a line thrQUl?:h roulin J lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service y-t:- 10/ "I! 07- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Ext:cutive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403.2336 Contact Human Services Agenda Date Item was 10/09/2007 Agenda Item Number 16D_/-S- Approved by the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NIA"' in the Not Applicable column, whichever is a TO riate. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney, This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 10/09/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chaD es, if a IicabIe. Yes (lnitial) N/A(Not A licable) 2. 3. 4. 5. 6. '7t- *- # ~ nla Te- ~ I: Forms! County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Frank Ramsey HHS 3301 E Tamiami Trail Naples. FL 34112 4082448 OR: 4291 PG: 1508 RECORDED in OPFICIAL RECORDS of COLLIER COUNTY, PL 10/11/1007 at 08:10AM DWIGHT E. BROCK, CLERK REC FEE 17.00 COPIES 3.00 t~ Return to FiIe# 08-01 I-IF Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR m 7140 16D15 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 11- day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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 unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), 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 Thousand Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). 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(s). 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 t:videncing same, including, but not limited to, a full or partial release oflien. 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 (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 I of2 16 u 15 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. OR: 4291 PG: 1509 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 written. Attest: DWIGH:rB.BI~{X:K, Clerk , . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By d~l!UwOi- ES COLETTA, Cliairman By:'" #: "'tt )IJ.' . ,'j ,.....1;/... ~:"';' ":. I,"; "l,j :. B / . /~~ }1(.~ TATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this.ll. day of Sfp.,C,J((, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me. ' ( A,4.-. [NOTARIAL SEAL] /'''''''' YOLANllt\ H HERRERA W, \1\' n)\1\1ISS,i(l'~ Imc~,~x~ ,\~lJfl..,~ IXI'II,IS I"lv F"11111 I ""~' :'<;q.,w., I.' '-"',,,:.1"',(""'" ,\,<'; C'" ~ ~J and Rec9mmend approval: ( . I r i( / ~a~; K~:bi'~e:6~e~tor o~ Housing & Human Services .r:.~' Jeffrey A. lat ow Managing SSI ant County Attorney Page 2 of2 *** OR: 4291 PG: 1510 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 174, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records ofCoIIier County, Florida. EXHIBIT "B" IMP ACT 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 1. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved ~ _1_ 16 D 15 Amount Owed $ I 00.59 $62.08 $368. I 8 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 t... D 16 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT~ ' Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office rhc completed routing slip and (mgina] documents are to be forwarded to the Hoard Office only after the Board has taken action 011 the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exccntion of the Chairman's sil!nature, draw a line through routing lines # I throul!h #4, comnlete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 7?- I Dft:t/o t- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature arc to be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10/09/2007 Agenda Item Number 16D -I(? Approved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines! The doeument was approved by the Bee on 10/09/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chao es, if a licable. Yes (Initial) N/A(Not A Iicable) 2. 3. 4. 5. 6. 7L U 7t'-- ::rt- 1tL nla 7t- I: Forms! County Forms! Bee Forms/ OriginaJ Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4082444 OR: 4291 PG: 1498 RBCORDBD in OFPICIAL RBCORDS of COLLIBR COUNTY, Fl 10/11/2007 at 08:15AK DWIGHT B, BROCK, CLBRK RBC FBB 27.00 coms 3.00 LJ) Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR B!T 1240 File# OS-012-IF 16 D 16 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ..L.::L. day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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: 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 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 Thousand Three Hundred Seventv Two and 46/1 00 Dollars ($19,372.46). 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 oflien. 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 (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 I of2 16u16 OR: 4291 PG: 1499 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 attomey'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 written. Attest: DWIGHT E. BROCK, Clerk By: A~1 n4:j),~jl"iqn sfqnaturl! ')01 ;" BOARD OF COUNTY COMMISSIONERS ::LL~~ JA S COLETTA, Chairman DEVELOPER: Habitat for Humanity of Collier County, Inc. ,-1' //;;:/ /";: ,./' :.....- // ,.f' ~ B}:/"'~:':-;: ';1// .-)... Ii! //_.....1' Samuel~. urso, M.D. Title: Bfesident STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ...J..l.. day of (::;'p-\c..,b.,<; 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me. [NOTARIAL SEAL] .....,'".,, YOLANDA II III~RER\ ':'W' \1Y(I)\1\\I:;QO\ !llF'l;l(l(' ,~\VI} :,'I'!IU~ .Ill!" _,,1. ,"1111 ~j,_" "r;~. ,.1 \."r;", PH"""" ,\".,.,', {'" I ""'''''I\F.\ ,c ( (C (,- (.'g ire of Notary Public) : (/ lei {It\. Illl fl! ~Y;I! /1 (Print Name of Notary Public) rm and R~,:ommend apprral: . ..~,.' ",,- f '\>...----.-,,'. "'~- rcy Krumbin, irector of Housing & Human Services Page 2 of2 *** OR: 4291 PG: 1500 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 175, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, ofthe Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMP ACT FEES JAK Approved ~/ _/_ 16 D 16 ~ Amount Owed $ I 00.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 17 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original docuITll.:nts should be hand delivered 10 the Board Offin: nw completed routing slip and original documents are to be forwarded to the Board Omec only after the Board has taken aClion on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chainnan's signature, draw a line through routing lines # I through #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in rautin!! order) I .Frank Ramsey Housing and Human Service "'ff- lojq /01- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 10109/2007 Agenda Item Number [60 -/1- AODroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike.through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a plicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 10109/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A Iicable) 2. 3. 4. 5. 6. 71-- ve TL -=<<- 1f- nla ~ I: Fonns/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4082441 OR: 4291 PG: 1489 RECORDED in OFFICIAL RECORDS of CDLLIER COUNTY, PI 10/11/2007 at 08:11AM DWIGHT E, BROCK, CLERK REC PEE 27.00 cams 3.00 / / \ Frank Ramsey HHS JJOl E Tamiami Trail Naples, FL 34t12 FiIe# 08-013-IF Retn' CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT7W 16D17 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this h day of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (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: 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 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 Thousand Three Hundred Seventv Two and 46/100 Dollars ($ I 9,3 72.46). 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 (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 16D17 OR: 4291 PG: 1490 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 written. V!;' Attest: , .: , DWIOHTE. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FL RIDA 01' - By: ,~ ";,' "~~""f',h~l~ I :, ",,(~~ :J>l\r." By: DEVELOPER: Habitat for Humanity of Collier Co~ I~c> /' " ~,//. /-:;/',/" ,"~--::" ~>--;/-"/ /~/../ /~ / 'l"'Af:"- /,;:' ,-'" ..-/~4' //</.//.......--; ."" By' /.,jifY",i.,/,' .. ..// /- / -:",,{ ,,'/' ...../ L ~ / .. Samuel J.}Thrso, M.D. - Title: Ptesident , , ).. ,..1 f Ie e~ ,e //..-- STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this Jl day of.s,(4)\r<V\)~.t, 2007, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me. [NOTARIAL SEAL] f'""'0. YOEANll.\ IE IIIRRER'\ ',W \\\(,'(1\1\11:'\1,')\, :ll~';-':"x~ ,,'t.V./., IXI'WI<.; hLh ,-, .'11111 'O)'()f<.\{f" I"," ,,,,,,"I.lj:,,,,,,1,.,h,-', '. "'"'.l....\\I\.~'" . , t L. (Sif ~rJ of otary Public), , 1[' t c; l t1. Ii. ki t k fiFKI/ (Print Name of Notary Public) tant County Attorney Re(f.ommend approval: I \ j \ \.. _ ..,f,,-..__,., ',-- J ----\-.. / '-.~, .. cy Krumbine, ire tor of Housing & Human Services ".,.P Page 2 of2 *** OR: 4291 PG: 1491 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 176, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved ~ _/_ 16017 Amount Owed $ J 00.59 $62.08 $368. J 8 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 D 18 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original dO\.:umcnts should be hand delivered to the Board Office. rhe completed routing slip and original documents are to be forwarded to the Board Office only after the Board has tAken action on the item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. [rthe document is already complete with the excention of the Chairman's sip-nature, draw a line throup"h routino lines # 1 thrallP"h #4, comnletc the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl:! order) l.Frank Ramsey Housing and Human Service #- IOhlfil 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the item.l Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403.2336 Contact Human Services Agenda Date Item was 10/09/2007 Agenda Item Number J6D-l '? AODroved by the BCC Type of Document Impact Fee Deferral Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages ITom ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages ITom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBce approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 10/09/2007 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A Ii cable) 2. 3. 4. 5. 6. rt- n/a 'fI- 7ft- 1/- .11-- I: Forms/ County FomlS/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4082443 OR: 4291 PG: 1495 RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY. FL 10/11/2001 at 08:14AM DWIGHT B. BROCK. CLBRK RBC FBB 21.00 coms 3.00 Frank Ramsey Housing and Human Services 3301 E. Tamiami Trail ]\'aples. Florida 34112 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 1240 16D18 FiIe# 07-120-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ~ay of September, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Freeman & Freeman Inc. (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: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any cont1ict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description 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 unit(s). 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 Thousand Three Hundred Fivt: and 88/1 00 Dollars ($19,305.88). 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(s). 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 t:videncing 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 (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 16D18 OR: 4291 PG: 1496 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 thc solc 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 otlicial records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dale and year first above written. "'f '.. 1'; Attest: ".' DWIGHT E. BROCK, Chirk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F ORIDA BY~V? . ,;1<" "....,.",.j' "", ...,IJ-t"",." H~!Vl.ab"f"t Oiih'" By: Witnesses: By: Print Name: t;::~tJn1 N '. .UJI_MA..-J Ernest N. Freeman Title: President - r-- pr~tft~e .~~~~2'E.w1Se'1 '~~ . '. ~. . . P . nt ame .', \ I STATE OF FLORIDA COUNTY OF COLLIER ]'ttl The foregoing instrumentAgreement was acknowledged before me this L day of '5.e{ Ietr\v.?f .^<Hgust, 2007, by Bil\f* Rf'fiAAtL as ~e.~i ~""'l-r for Freeman & Freeman Inc, Ernest N. Freeman who IS personally known to me or has produced cW IlIJtfS iil t'Vr:;,L as identification. [NOTARIAL SEAL] ANN FASCHING Notary PuOI'C . State of FlOrida My Comm,sslIJIl . DO 304461 My CommlSSnJl1 t.,<,UII""S Mar 28, 2008 '/J (Sign ure of Notary Public) 4AJJ F4Se--f/f/0 6 (Print Name of Notary Public) Kl tzkow A . stant County Attorney 1mo"' "PPWY"I~ '-"' M~bLo,o, Housing & Human Services Approv legal s Page 2 of2 *** OR: 4291 PG: 1497 *** EXHIBIT "A" 16018 LEGAL DESCRIPTION Lot 138, Block D, Arrowhead Reserve at Lake Trafford - Phase Two, according to the plat recorded in Plat Book 43, pages 98 through 103, 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 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 Fce I. Law Enforcement Impact Fee $100.59 $144.58 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 TOTAL IMP ACT FEES $19,305.88 JAK Approved-.r_/_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1" 6" u,." 1 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink ptlper. Attach to original document. Original dil(.:u~nb should ~ hand dcliycted to tho.:: Board OtrIcc. Th.: completed routing slip and original documents are to be forwarded to tht: Board Otlice onl~' aftel.the Board has taken action tlll the ikm.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates., and/or information needed. If the document is already complete with the exceOtion afthe Chairman's siOlUlhlre, draw a line thrcotd, routing lines #1 throum #4, oomolete the checklist, and forward to Sue Filson line #5). Route to Ad~tessee(s) Office Initials Date (List in routin2 order I.Rosa Munoz Housing & Human Services RM 10-9-07 2.Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder ofthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is nceded in the event one of the addressees above, including Sue Filson, need to contact !>1afffor additional or missing information. All original documents needing the Bce Chairman's signature are to he delivered to the Bce office onlv after the BCe has acted to approve the item.) Name ofPrimaIy Staff Rosa Munoz, Grants Coordinator Phone Number 252-5713 Contact Agenda Date Item was October 9,2007 Agenda Item Number 16DI9 Annroved bv the BCC Type of Document Subrecipient agreement Number of Original 2 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initia1the Yes eolun11l or mark uN/AU in the Not Applicable colunUl, whicheyer is a ro nate, Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney, Tlus includes siglllltnre pages from ordilUUlces, resolutions, etc. signed by the County Attomey's Office and signature p;.ges from contracts, agreemcnts, etc, that llaye been fully executed b, all parties except the BCC Cbainnan and Clerk to the Board and ssibly State Officials,) All handwritten strike-through and revisions hm'e been initialed by the Count\ AttorneY'S Office and all other rties exce t the Bee ellamnan and the Cled- 10 the Bo~rd . The Cbairman's sig1lllture line date has been entered as the date of Bee approval of the documeut or the fInalne otiated conln.ct dale whicheyer is a Iicable. "Sign hereU tabs are placed on the appropriate pages indicating where the ehairman's si murre and iIutials are re nired, In most cases (some contracts are an exception). the origilml document and tlus routing slip should be proyided 10 Sne Filson in the Bee office within 2-l hours of Bee approval. Some documents are time sensith"e and require forwarding to Tallabassee within a certain time frame or the Bees actions are m~lifIed, Be aware of\Ollf deadlines! The document was al'l,rowd by' the BCC on 10/9/2007 (enter date) and all changes made during the meeting haw been incu'llOrated in the attached document, The County Attorney's Office bas re\'iewed the cban s, if a "Ikable, Yes (hutial) N/A(Not A !icable) 2. , -l, 5. (" #- ::;L I: Formal County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: October 11,2007 To: Rosa Munoz, Grants Coordinator Financial Administration & Housing From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement between Collier County and The Empowerment Alliance of SW Florida Community Development Corporation (EASF) SHIP Homebuying Education and Counseling Enclosed pleae find one original documents of the agreement as referenced above, agenda Item #16D19, as approved by the Board of County Commissioners on Tuesday, October 9, 2007. Kindly forward these documents to the appropriate parties for the required signatures, and return one fully executed original document to the Minutes & Records Department. If you have any questions, please feel free to contact me at 252-7240. Thank you. Enclosures (1) 16D19 16,; '1 r .J. ':; AGREEMENT BETWEEN COLLIER COUNTY AND THE EMPOWERMENT ALLIANCE OF SW FLORIDA COMMUNITY DEVELOPMENT CORPORATION (EASF) SHIP HOMEBUYER EDUCATION AND COUNSELING CSFA #52.901 This Agreement entered into this _ day of , 2007, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and The Empowerment Alliance of SW Florida (EASF), a private not-for-profit corporation, existing under the laws of the State of Florida, having its principal office at 750 South Fifth Street, Immokalee, Florida 34142, and its Federal Tax Identification number as 59-3682139, hereinafter rt:ferred to as "SPONSOR." WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership (SHIP) Program; and WHEREAS, Pursuant to the SHIP Program, the COUNTY is undertaking certain activities to primarily benefit housing for low and very low income persons and neighborhoods; and WHEREAS, the Local Housing Assistance Plan (LHAP) Fiscal Year 2005-2007 was adopted on April 27, 2004 in Collier County Resolution Number 2004-155; and WHEREAS, through Resolution No. 2006-269 the Board of County Commissioners adopted a revision to the three year LHAP adding new definitions and new strategies outlining the intended use of SHIP funds for fiscal years 2004-2005, 2005-2006 and 2006-2007; and WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Local Housing Assistance Plan (LHAP); and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the State Housing Initiatives Partnership (SHIP) Program as valid and worthwhile County purposes. EASF/SHIP 2007 Agreement for Homebuyer Education & Counseling Page I of 15 16 D 19 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (I) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "SHIP" means the State Housing Initiatives Partnership Program of Collier County. "HHS" means the Housing and Human Services Department of Collier County. "SPONSOR" means The Empowerment Alliance ofSW Florida (EASF). "HHS Approval" means the written approval of Housing & Human Services or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and very low income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SPONSOR shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for advancement and/or reimbursement of funds using Exhibit "B" along with the monthly and annual submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date shall be the date of execution of this Agreement, and the services of the SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be reimbursed by thc COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed TWENTY TWO THOUSAND, TWO HUNDRED AND OO/DOLLARS ($22,200) for the services described in Exhibit" A." V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (I) of this Agreement. VI. SPECIAL CONDITIONS The SPONSOR agrees to comply with the requirements of the SHIP Program as described in the Florida State Statute 420.907 and Chapter 67.37 of the Florida Administration Code. The SPONSOR further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for EASF/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 2 of 15 16D19 specitied activities. VI!. GENERAL CONDITIONS A. IMPLEMENT A nON OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS. No payments will be made until approved by HHS or designee. Should a project receive additional funding after the commencement of this Agreement, the SPONSOR shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHS or designee within forty-five (45) days of said official notification. B. SUBCONTRACTS Any work or services subcontracted by the SPONSOR shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guiddines and regulations. Prior to execution by the SPONSOR of any subcontract hereunder, such subcontracts must be submitted by thc SPONSOR to HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." Nonc of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SPONSOR or reimbursed by the COUNTY without prior written approval of HHS or his designee. C. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or SHIP guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approvt:d by the COUNTY and signed by each Party's authorized reprt:sentatives. D. INDEMNIFICA nON The SPONSOR shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SPONSOR. SPONSOR's aforesaid indemnity and hold harmless obligation, or portion or applications thereot; shall apply to the fullest extent permitted by law. The SPONSOR will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SPONSOR. EASF/SHIP 2007 Agreement tor Homebuyer Education & Counseling Page 3 of 15 16019 E. GRANTEE RECOGNITION All facilities purchased or constructt:d pursuant to this Agreement shall be clearly identified as to funding source. The SPONSOR will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SPONSOR will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. F. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SPONSOR with funds under this Agreement shall be returned to HHS or the COUNTY. In the event of termination, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR for set-off purposes until such timc as the exact amount of damages due to the COUNTY from the SPONSOR is dctcrmined. I. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agret:ment upon ten (10) working days written notice to tht: other party. Upon termination, the COUNTY shall pay the SPONSOR for services rendered pursuant to this Agreement through and including the date of termination. 3. RIGHT TO REVIEW AND ADJUST The SPONSOR agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with Housing and Human Services, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY rest:rves the right, but not the obligation, to review and reject any insurer providing covt:rage because of its poor financial condition or failure to opt:rate legally. G. INDEPENDENT AGENT AND EMPLOYEES The SPONSOR al,'fees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and art: not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. Vlll. ADMINISTRATIVE REOUIREMENTS EASF/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 4 of 15 16019 A. HNANCIAL MANAGEMENT The SPONSOR agrees to comply with OMB Circular A -liD (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and a!,'Tees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING I. The SPONSOR shall maintain all records required by the SHIP Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purpose of this Agreement shall be made available to the COUNTY by the SPONSOR at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this A!,'Teement shall be surrendered to HHS if requested. III any event tht: SPONSOR shall keep all documents and records for three (3) years after expiration of this Agreement. 3. SPONSOR shall submit monthly rt:rorts while work is underway and if applicable annual beneficiary rcports by July 30' , to HHS using Exhibit "C'. C. PURCHASING All purchasing for services and goods, including capital equipmt:nt, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-liD, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Advance payments and/or reimbursemt:nt will be contingent on the timely receipt of complete and accurate reports required by this Agreemt:nt, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HHS, COUNTY, AND SHIP REOUIREMENTS HHS shall have the right under this Agreement to suspend or terminate advance payments and reimbursement until the SPONSOR complies with any additional conditions that may be imposed by HHS, tht: COUNTY, or SHIP at any time. F. AUDITS AND INSPECTIONS AND MONITORING At any time during normal business hours and as often as HHS, the COUNTY, or the Florida Housing Finance Corp. may deem necessary, there shall be made available by the SPONSOR to HHS, the COUNTY, or the Florida Housing Finance Corp. (FHFC) for examination all its records with respect to all matters covt:red by this Agreement. The SPONSOR agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SPONSOR to submit a single audit, including any EASF/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 5 of 15 16 D 19 management letter, made in accordance with the general program requirements of OMB Circulars A-IIO (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which SHIP funds are expended. Said audit shall be made by a Certified Public Accountant of the SPONSOR's choosing. The SPONSOR shall provide such audit to HHS. In the event the SPONSOR anticipates a delay in producing such audit or audited financial statements, the SPONSOR shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SPONSOR. In tht: event the SPONSOR is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SPONSOR as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SPONSOR, as deemed necessary by the COUNTY. Collier County Housing and Human Services is responsible for monitoring sub-grantees to provide reasonable assurance that tht:y expt:nd grant awards in compliance with State and contractual requirements. G. GRANT CLOSEOUT PROCEDURES SPONSOR's obligation to the COUNTY shall not end until all closeout requirements art: completed. Activities during this closeout pt:riod shall include, but not limited to; sale and occupancy of the unit, making final payments, disposing of program assets (including the rcturn of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and dett:rmining the custodianship of records. IX. OTHER PROGRAM REOUIREMENTS A. PROGRAM BENEFICIARIES One Hundred percent (100%) of the beneficiaries of the project funded through this Agreement must be low and moderate income persons. The project funded under this Agreement shall assist beneficiaries for the term of the assistance, as dt:signated in Exhibit A of this Agreement. The SPONSOR shall provide written verification of compliance to HHS, on an annual basis, upon HHS's request. B. EVALUATION AND MONITORING The SPONSOR agret:s that HHS will carry out periodic monitoring and evaluation activities as determined necessary by HHS or the COUNTY and that tht: continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SPONSOR al,,'1'ees to furnish upon request to HHS, the COUNTY or tht: COUNTY's designees and make copies or transcriptions of such records and information, as is determined nt:ccssary by HHS or the COUNTY. The SPONSOR shall, upon the requt:st of HHS, submit information and status reports required by HHS, the COUNTY on forms approved by HHS to enable HHS to evaluate said progrt:ss and to allow for completion of reports rcquired of HHS by SHIP. The SPONSOR shall allow HHS to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as determined by HHS and Florida Housing Finance Corporation. EASF/SHIP 2007 Agret:ment for Homebuyer Education & Counseling Page 6 of 15 16019 C. CONFLICT OF [NTEREST The SPONSOR covenants that no person who presently exercises any functions or rt:sponsibi[ities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SPONSOR. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a mannt:r so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employmt:nt of and participation of low and very low-income residents of the project target area. D. PUBLIC ENTITY CRIMES As provided in F.S. 287. [33 by entering into this Agreement or performing any work in furtherance hert:of, the SPONSOR certifies that it, its affiliatt:s, suppliers, subcontractors and consultants who will pt:rtorm hereunder, have not been placed on the convicted vt:ndor list maintained by the State of F[orida Department of Managt:mt:nt Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287. [33 (3)(a). E. DRUG-FREE WORKPLACE REOUIREMENTS The SPONSOR, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 70[) and with HUD's rules at 24 CFR Part 24, subpart F. F. CERTIFICATION REGARDING LOBBY[NG The undersigned certifies, to the best of his or her knowledge and belief, that: [. No SHIP/STATE appropriated funds havt: been paid or will be paid, by or on behalf of the undersigned, to any person for intlut:ncing or attempting to intluence an officer or t:mp[oyt:e of any agency, a Membt:r of Cont,'ress, an offict:r or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any SH[P/STATE contract, the making of any SH[P/STATE grant, the making of any SHIP/STATE loan, the entering into of any cooperative agret:ment, and the extension, continuation, renewal, amendment, or modification of any SH[P/ST A TE contract, grant, loan, or coopt:rative agrt:ement. 2. If any funds other than SHIP/STATE appropriated funds have been paid or will be paid to any person tor intlut:ncing or attempting to intluence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this SH[P/STATE contract, grant, loan, or cooperative ah'l'eement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordanct: with its instructions. EASF/SHIP 2007 Agreement for Homt:buyer Education & Counseling Page 7 of 15 16 D 19 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperativt: Agreements) and that all SPONSORS shall certify and disclost: accordingly. X. SEVERABILITY OF PROVISIONS If any provision of this AI,,'Teement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XI. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fifteen (15) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) countt:rparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the samt: instrument. EASF/SHIP 2007 Agreement for Homebuyer Education & Counsding Page 8 of 15 16 n ~ J I.J 19 XII. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this J-day of Pcf-n~~ , 200.Ef. THE EMPOWERMENT ALLIANCE OF SW FLORIDA COMMUNITY DEVELOP P ION (EASF) (SPONSOR SEAL) " ,1' ATTEST: ~."" DWIGHTE BROcK,'OLERK BY~:,; .=.~o1:n, 1) fgnatu' . ~J;1'. Ap and leg BY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~~~ IOl*- J ES COLETTA, CHAIRMAN Jeffr Assis n rtem# '<.,[)I'L Agenda l^I~IO"7 Date -~ Date 10\11\01 Rec'd EASF/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 9 of 15 16 D 19 EXHIBIT "A" SCOPE OF SERVICES EMPOWERMENT ALLIANCE OF SW FLORIDA (EASF) SHIP HOMEBUYER EDUCATION AND COUNSELING I. THE SPONSOR AGREES TO: A. PROJECT SCOPE: The nonprofit is requesting SHIP funding for a Homebuyer Education and Counseling Program. Currently EASF has previously offered this program to clients of EASF. This funding is to expand the program and make it available to low and moderate incomt: households in Eastem Collier County. This program will be for rt:sidents of Collier County and will consist of homebuyer education and one- to-one counseling for potential new homcbuyers in Collier County. The SPONSOR agrt:es to complete the following: a. Approved evaluation/survey for each class participant must bt: submitted to HHS with a monthly monitoring report. b. Conduct Intro to Home Ownership workshop with 7 classes offered per year in various locations in Eastt:r Collier County including Immokalec, and 3 classes at the Collier County Extension office in Naples c. Reach 120 attendees per year d. SHIP funding will provide for a Homebuyer Counselor/Homebuyer Instructor and supplies. The SPONSOR will bt: responsible for providing supporting documentation for services when a request for payment is made to HHS. B. BUDGET: Line Item: SHIP Funds Salaries Supplies Printing/Manuals Copy st:rvices, postage Food & Refreshments TOTAL SHIP FUNDS $22, 200.00 EASF/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 10 of 15 16 D 19 C. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME/SHIP funded projects may result in tht: delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG/HOME/SHIP funds. D. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Milestone Deadline Offer Intro class 7 times per vear October, 2007-June, 2008 Offer Closing and Maintenance - 3 times October, 2007- June 2008 Provide One-on-One counseling October, 2007- June, 2008 Attend training for home buyers education October, 2007 - June, 2008 Please note that ifany of these activities exceed the timeline by two months a revised work schedule must be submitted to the Housing and Human Services Department at which time the agreement has to be amended and submitted to Bee for approval. E. REPORTS: The SPONSOR shall submit detailed monthly progress reports to HHS outlining the status of specific activities undt:r the project. Each report must account for the total activity for which the SPONSOR is reimbursed with SHIP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be used as an additional basis for HHS' approval of invoict:s, t:tc. for reimbursemt:nt. Annually the Participant Information Form will be used in conjunction with the SHIP Annual Progress Report and will be submitted to HHS until the affordability period is met. F. PAYMENT SCHEDULE: Payment will be rendered to the organization upon conclusion and documentation of conducting the class. Documentation shall include the class roster, sign in shed and evaluation for each participant. Final payment to bt: tied to rt:aching the total number of participants. $1500 per class for 10 classes ~ $15,000 Payment will be rendered on a monthly basis for counseling. Documt:ntation to include individual, dated qualification sheet and action steps for client. $50 per one on one counseling for clients = $4100 Attend training for home buyers education to include registration and travel - $2000 Workshop supplies to includt: copies, printing, books, or snacks - up to $1100 EASF/SHIP 2007 Agreement for Homebuyer Education & Counseling Page II of 15 16D19 EXHIBIT "8" COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SPONSOR Name: The Empowerment Alliance of S W Florida (EASF) SPONSOR Address: 750 South Fifth Street. Immokalee, FL 34142 Project Name: Homebuver Education and Counseling Project No: SHIP Payment Rt:quest # Dollar Amount Rt:quested: $ SECTION II: STATUS OF FUNDS I. Grant Amount Awarded $ $ 22,200 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. Current Grant Balanct: (Initial Grant Amount Awarded Less Sum of all Requests) $ 7. If applicable amount held as retainage to date by tht: County, if not retained by the sub-recipient. $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the SPONSOR. I also certify that the amount of the Request tor Payment is not in excess of current net:ds. Signature Date Titk Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) EASF/SHIP 2007 Agreement for Homebuyer Education & Counseling Pagel20fl5 Ibu19 EXHIBIT "c" SHIP MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff by the ](/" ofthe.following month. Status Report for Month of Submittal Date: Project Name Homebuver Education and Counseling Project Number SHIP Activity Number SPONSOR: Empowerment Alliance of SW Florida (EASF) Contact Person Dottie Cook. Executive Director Telephone: ((239) 658-3315 Fax: (239) 657-3084 E-mail: t:asfCiilearthlink.nt:t l. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3, Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. EASF/SHIP 2007 Agreement for Homebuyer Education & Counseling Pagt: 13 of 15 16 U 19 6. New participants enrolled this month (if applicable): Name of Participant, Name of Date of Race Ethnicity class class Address & Phone Number (see definitions (see definitions on following on following page) page) 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spact:s and in the chart below. Complete tht: below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. Howt:ver, if one person received TWO st:rvict:s this counts as T"VO SERVICE UNITS: TOT AL BENEFICIARIES This project benefits households or persons. Please circle one category (either "'households" or "pt:rsons"). Enter the number olbeneficiaries in the blank space and in box "I. .. INCOME Of the households or persons assisted, are t:xtremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in box "2. .. Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3. .. Of these households or persons assisted, Income (MFI). Enter this number in box "4. .. are low-income (51-80%) of the current Median Family NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This projt:ct assisted in box "5" below. Female Head of Households REGARDLESS of income. Enter this number BOX 1 BOX2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80'10) Household Assisted (O-30%) (JI-50%) i EASF/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 14 of 15 16 D 19 Sponsors must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples oftht: Far East, Southeast Asia, or the Indian subcontinent including, for t:xample, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any ofthe original peoples of North and South America (including Central America), and who maintains tribal afliliation or community attachmt:nt. 5. Nativt: Hawaiian or Otht:r Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or otht:r Pacific Islands. Definitions of Ethnicity: I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Black or African Amcrican Asian American Indian or Alaskan Nativt: Nativt: Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black! African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOT AL: The Participant Information Form is to be used in conjunction with the SHIP Annual Progress Report. Once this information is gathered, the SHIP Annual Progress Report can be completed and forwarded to the SHIP Coordinator at Housing & Human Services, 3301 East Tamiami Trail, Bldg. H, Room 211, Naples, FL 34112. EASF/SHIP 2007 Agret:ment for Homebuyer Education & Counseling Pagel50fl5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 2 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original do..:um.:nt. Original dh;mncnb "hl.uld h.: hand deli,'..:rcd tn tho: Board om..:\:: Th.:: I,:(lmpkted routing slip and nriginal dOl..'Umenls :m:~ to \:It- f()fWarded to the Board Otliee only ath'," th..: Bo.ud has tak~n a.;tion on the ikm.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures., dates, and/or information needed. If the document is already complete with the exc";"'ion of the Chairman's siPltlltur'a draw a line throm~:l1 routiM lines #- 1 throu2h #4, oomolete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routine. order) I.Rosa Munoz Housing & Human Services RM 10-9-07 2.Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder ofthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive sununary. Primary contu.1: information is needed in the event one of the addressees above, including Sue Filson, need to contact stafl' for additional or missing informatioo. All original documents needing the nee Chairman'8 signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Rosa Munoz, Grnnts Coordinator Phone Number 252-5713 Contact Agenda Date Item was October 9, 2007 Agenda Item Nmnber 16020 Aooroved bv the BCC Type of Document Subrecipient agreement Number of Original 2 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes coluum or mark "N/ A" in the Nol Applicllb1e column. whiche,'er is a ro nate. Origirutl documeut I1<1S beeu signed/initialed for leglll sufficiency, (All docnlllents to be signed by the Cl1<1irman. with the exception of most letters. musl be re\iewed and signed by the Office of the County Atlome\, This includes sigmll.re pages from ordiJllmces. resolutions. etc. signed by the County Atlorney' s Office llnd signallne p'.ges from contracts. agreements. elc, toot 11<1\e been fully executed by 1111 panics except Ihe BCC CI1<1irman and Clerk to Ihc Board and ssibly Stllte Officials.) All handwritten strike-t1nough llnd re\isions hme been initillled by the Counly Atlorney' S Office and 1111 other arties exce t the BCC CI",irman and the C1ed. to the Board The COOinnan's sigllllture line date I1<1S been entered as the date ofBCC appro\al of the document or the final.tlc otiatcd eontmet datc whicheycr is a licablc. "Sign here" tabs me placed ou thc appropri.1te ]X.ges indicating where the Chairman's si 13tllre and initials are r uircd. In most cases (some contracts are all exception). the origil131 document and tbis routing slip shonld be pro\ided to Sne Filson in the BCC office withinl~ hours of BeC apprO\'aJ. Some documents arc time scllsitiyc and require fon,"arding (0 Tallalmssee witbin a ccrtain time frame or the BCes actions me nullitied, Be aware of your deadlines! The document was al11lrowd b)' the BCC nn 10/9/2007 (enter date) and all changes made during the meeting haw been incorJlOrated in the attached document. The County Attorne,"s Office has rniewed the chan s, if a Illicahle. Yes (! nitial) N/A(Not A licable) 2. 3. ~, 5. 6, 1C- ~ I: FormsJ County Forms! nee :FormsJ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D20 MEMORANDUM Date: October 11, 2007 To: Rosa Munoz, Grants Coordinator Financial Administration & Housing From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement between Collier County and Collier County Housing Development Corporation SHIP Homebuying Education and Counseling Enclosed pleae find one original documents of the agreement as referenced above, agenda Item #16D20, as approved by the Board of County Commissioners on Tuesday, October 9, 2007. Kindly forward these documents to the appropriate parties for the required signatures, and return one fully executed original document to the Minutes & Records Department. lfyou have any questions, please feel free to contact me at 252-7240. Thank you. Enclosures (1) 16D20 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION SHIP HOMEBUYER EDUCATION AND COUNSELING CSFA #52.901 This Agreement entered into this _ day of , 2007, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and Collier County Housing Development Corporation, a private not-for-profit corporation, existing under the laws of the State of Florida, having its principal office at 4779 Enterprise A venue, Naples, Florida 34104, and its Federal Tax Identification number as 38-3695928, hereinafter referred to as "SPONSOR." WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership (SHIP) Program; and WHEREAS, Pursuant to the SHIP Program, the COUNTY is undertaking certain activities to primarily benefit housing for low and very low income persons and neighborhoods; and WHEREAS, the Local Housing Assistance Plan (LHAP) Fiscal Year 2005-2007 was adopted on April 27, 2004 in Collier County Resolution Number 2004-155; and WHEREAS, through Resolution No. 2006-269 the Board of County Commissioners adopted a revision to the three year LHAP adding new definitions and new strategies outlining the intended use of SHIP funds for fiscal years 2004-2005, 2005-2006 and 2006-2007; and WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Local Housing Assistance Plan (LHAP); and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the State Housing Initiatives Partnership (SHIP) Program as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is a/,'Teed CCHDC/SHIP 2007 Agreement for Homebuyer Education & Counseling Page I of 15 16D20 by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "SHIP" means the State Housing Initiatives Partnership Program of Collier County. "HHS" means the Housing and Human Services Department of Collier County. "SPONSOR" means Collier County Housing Development Corporation. "HHS Approval" means the written approval of Housing & Human Services or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and vt:ry low income persons" mt:ans the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SPONSOR shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for advancement and/or reimbursement of funds using Exhibit "B" along with tht: monthly and annual submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date shall be the date of execution of this Agreement, and the services of the SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be reimbursed by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed THIRTY FIVE THOUSAND AND OO/DOLLARS ($35,000) for the services described in Exhibit "A." V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (I) of this Agreement. VI. SPECIAL CONDITIONS The SPONSOR agrees to comply with tht: requirements of the SHIP Program as described in the Florida State Statute 420.907 and Chapter 67.37 of the Florida Administration Code. The SPONSOR further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otht:rwise available for specified activities. CCHDC/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 2 of 15 .16020 VI!. GENERAL CONDITIONS A. IMPLEMENT A TION OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS. No payments will be made until approved by HHS or dcsignee. Should a project receive additional funding after the commencement of this Agreement, the SPONSOR shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHS or designee within forty-five (45) days of said official notification. B. SUBCONTRACTS Any work or services subcontracted by the SPONSOR shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SPONSOR of any subcontract hert:under, such subcontracts must be submitted by the SPONSOR to HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Prob'1'am set forth in Exhibit "A." None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SPONSOR or reimbursed by the COUNTY without prior written approval ofHHS or his designee. C. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or SHIP guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized represt:ntatives. D. INDEMNIFICATION The SPONSOR shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the tt:rms of this Agreemt:nt, or due to the acts or omissions of the SPONSOR. SPONSOR's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent pennitted by law. The SPONSOR will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SPONSOR. CCHDC/SHIP 2007 Agreement for Homt:buyer Education & Counseling Page 3 of 15 16D20 E. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SPONSOR will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SPONSOR will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. F. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SPONSOR with funds under this Agreement shall be returned to HHS or the COUNTY. In the event of termination, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR for set-off purposes until such timt: as the exact amount of damages due to the COUNTY from the SPONSOR is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if eitht:r party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notict: of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SPONSOR for services rendered pursuant to this Agreement through and including the date of termination. 3. RIGHT TO REVIEW AND ADJUST The SPONSOR agret:s that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with Housing and Human Services, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the lift: of this Agreement. The COUNTY reservt:s the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. G. INDEPENDENT AGENT AND EMPLOYEES The SPONSOR agrees that, in all matters relating to this Agreemt:nt, it will be acting as an independent agent and that its employet:s are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. CCHDC/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 4 of 15 1602\ VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SPONSOR agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and a!,'fees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING I. The SPONSOR shall maintain all records required by the SHIP Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prt:pared, assembled, or completed by the SPONSOR for the purpose of this Agreement shall be made available to the COUNTY by the SPONSOR at any time upon request by the COUNTY or HHS. Upon completion of all work contemplatt:d under this Agrecment copies of all documents and rccords relating to this Agreement shall be surrendered to HHS if requested. In any event tht: SPONSOR shall keep all documents and records for three (3) years after expiration of this A!,'feement. 3. SPONSOR shall submit monthly r~~orts while work i~ unde~ay and if applicable annual benefiCIary reports by July 30 ,to HHS usmg Exhibit "C . C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Advance payments and/or reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreemt:nt, and on the resolution of monitoring or audit findings identified pursuant to this A!,'feement. E. ADDITIONAL HHS. COUNTY, AND SHIP REOUIREMENTS HHS shall have the right under this Agreement to suspend or terminate advance payments and reimbursement until the SPONSOR complies with any additional conditions that may be imposed by HHS, the COUNTY, or SHIP at any time. F. AUDITS AND INSPECTIONS AND MONITORING At any time during normal business hours and as often as HHS, the COUNTY, or the Florida Housing Finance Corp. may deem necessary, there shall be made available by the SPONSOR to HHS, the COUNTY, or the Florida Housing Finance Corp. (FHFC) for examination all its records with respect to all matters covered by this Agreement. Thc SPONSOR agrees to comply with the provisions of tht: Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this CCHDC/SHIP 2007 A!,'feement for Homebuyer Education & Counseling Pagt: 5 of 15 16 n 20 Agreement. This will require the SPONSOR to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-IIO (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable rt:gulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which SHIP funds are expended. Said audit shall be made by a Certified Public Accountant of the SPONSOR's choosing. The SPONSOR shall provide such audit to HHS. In the event the SPONSOR anticipates a delay in producing such audit or audited financial statements, the SPONSOR shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SPONSOR. In the event the SPONSOR is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited tinancial statements and/or to conduct a "limited scope audit" of the SPONSOR as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SPONSOR, as deemed necessary by the COUNTY. Collier County Housing and Human Services is responsible for monitoring sub-grantees to provide reasonable assurance that they expend grant awards in compliance with State and contractual requirements. G. GRANT CLOSEOUT PROCEDURES SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; sale and occupancy of the unit, making final payments, disposing of program assets (including the rt:tum of all unust:d materials, equipment, unspent cash advanct:s, program income balances, and receivable accounts to the COUNTY), and dt:termining the custodianship of records. IX. OTHER PROGRAM REOUIREMENTS A. PROGRAM BENEFICIARIES One Hundred percent (100%) of the bt:neticiaries of the project funded through this Agreement must be low and moderate incomt: persons. The project funded under this Agreement shall assist beneficiaries for the term of the assistance, as designated in Exhibit A of this Agreement. The SPONSOR shall provide written verification of compliance to HHS, on an annual basis, upon HHS's request. B. EVALUATION AND MONITORING The SPONSOR ah'fees that HHS will carry out periodic monitoring and evaluation activities as determined necessary by HHS or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory t:valuation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SPONSOR agrees to furnish upon request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined nect:ssary by HHS or the COUNTY. The SPONSOR shall, upon the request of HHS, submit information and status reports required by HHS, the COUNTY on forms approved by HHS to enabk HHS to evaluate said progress and to allow for completion of reports required of HHS by SHIP. Tht: SPONSOR shall allow HHS to monitor the SPONSOR on site. Such site visits may be scheduled or unscht:duled as determined by HHS CCHDC/SHIP 2007 Agreement for Homebuyer Education & Coupseling Page 6 of 15 16D20 and Florida Housing Finance Corporation. C. CONFLICT OF INTEREST The SPONSOR covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SPONSOR. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and very low-income residents of the project target area. D. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, tht: SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately prect:ding the date hereof. This notice is required by F.S. 287.133 (3)(a). E. DRUG-FREE WORKPLACE REOUIREMENTS The SPONSOR, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.c. 701) and with HUD's rules at 24 CFR Part 24, subpart F. F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: I. No SHIP/STATE appropriated funds havt: been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an offict:r or employee of Congress, or an employee of a Mt:mber of Con/,'fess in connection with the awarding of any SHIP/STATE contract, the making of any SHIP/STATE grant, the making of any SHIP/STATE loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any SHIP/ST ATE contract, grant, loan, or cooperati ve agreement. 2. If any funds other than SHIP/STATE appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this SHIP/STATE contract, /,'fant, loan, or cooperative agreement, the undersigned shall completc and submit Standard Form-LLL, "Disclosurc Form to Rt:port Lobbying", in accordance with its instructions. CCHDC/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 7 of 15 16iJ20 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SPONSORS shall certify and disclose accordingly. X. SEVERABILITY OF PROVISIONS If any provision of this Al,'feement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XI. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fifken (15) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall bt: deemed to bt: an original, and such counterparts will constitute one and the same instrumt:nt. CCHDC/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 8 of 15 16020 XII. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this ~day of o~pd , 200 fr BY: COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION ~T~XECUTIVE DIRECTOR (SPONSOR SEAL) ATTEST: \.," DWIGm:.Ii. BRGCK;'CLERK BOARD OF COUNTY COMMISSIONERS o~~;~ J S COLETTA, CHAIRMAN BY: tzkow s istant County Attorney Aem# I~P2o ~~~;da 1?~1~} 1 ~ , j 1 ~ o?t~ I~~ j . -;;~~~ CCHDC/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 9 of 15 16D20 EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING DEVELOPMENT CORPORA nON SHIP HOMEBUYER EDUCA nON AND COUNSELING I. THE SPONSOR AGREES TO: A. PROJECT SCOPE: The nonprofit is requesting SHIP funding for a Homebuyer Education and Counseling and Foreclosure Prevt:ntion Counseling Program. This program will be for residents of Collier County and will consist of homebuyer education and one-to-one counseling for pott:ntial new homebuyers in Collier County Another component will be the Foreclosure counseling for households that are in a financial crisis and are at risk of losing their home to foreclosure. The SPONSOR agrees to complete the following: a. Approved evaluation/survey for each class participant with a monthly monitoring report. b. Conduct eight (8) classes per year, consisting of 2 nights (Intro to Home Ownership and Closing and Maintenance) for a total of 16 workshops in various locations in Collier County including Golden Gate, North Napks, East Naples, Copeland and perhaps Evergladt:s City. c. Rt:ach 225 attendees per year. d. 50% of attt:ndees to receive SH[P financing. The SPONSOR will be responsible for providing supporting documentation for services when a request tor payment is made to HHS. The SPONSOR further agrees that HHS, in consultation with any partit:s HHS deems necessary, shall be the final arbiter on the SPONSOR's compliance with tht: above. B. BUDGET: Line Item: SHIP Funds Salaries Office Rent Supplies Printing/Manuals Utilities Copy services, postage, travel Class Space (in-kind) Food & Refreshments (in-kind) Volunteers (in-kind) Equipment TOT AL SHIP FUNDS $35,000.00 CCHDC/SHIP Page 10 of 15 2007 Agreement for Homebuyer Education & Counseling 16D20 C. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME/SHIP funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG/HOME/SHIP funds. D. WORK SCHEDULE: The time frame for completion of the outlined activities shall encompass the dates below: Milestone Deadline Offer Intro to Home Buvers Ed - 8 times October, 2007- June, 2008 Offer Closinl! and Maintenance - 8 times October, 2007 - June, 2008 Approach lenders offering Foreclosure October, 2007 - June, 2008 Prevention - 6 lenders Report to Collier County Loan Consortium October, 2007 - June, 2008 - 3 times Offer Fort:closure Prevention counseling October, 2007 - June, 2008 for clit:nts Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to the Housing and Human Services Department at which time the agreement has to be amended and submitted to Bee for approval. E. REPORTS: The SPONSOR shall submit detailed monthly progress rt:ports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which tht: SPONSOR is reimbursed with SHIP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. Tht: progress reports shall be ust:d as an additional basis for HHS' approval of invoices, dc. for reimbursement. Annually thc Participant Information Form will be used in conjunction with the SHIP Annual Progress Report and will be submitted to HHS until the affordability period is met. F. PAYMENT SCHEDULE: Payment will be rendered to the organization upon conclusion and documentation of conducting the class. Documentation shall include the class roster, sign in sheet and evaluation for each participant. Final class payment will be tied to reaching participation numbers. $ I 500 per class for 16 classes = $24,000 Payment will be rendered on a monthly basis for foreclosure prevention presentations and counseling. Documentation to include individual, dated qualification sheet and action steps for client or follow-up memo or letter with date and person from lending institution. $1000 per lending institution meeting (not to exceed) = $6000 $50 per individual counseling session (not to exceed) = $3800 Written reports to Collier County Loan Consortium - 3 times/ $400 each report CCHDC/SHIP 2007 Agreement for Homebuyer Education & Counseling Page II of 15 16020 EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Collier Countv Housing Development Corporation SPONSOR Address: 4779 Enterprise Avenue. Naples, FL 34104 Project Name: Homebuver Education and Counseling Project No: SHIP Payment Request # Dollar Amount Requt:sted: $ SECTION II: STATUS OF FUNDS I. Grant Amount A warded $ 35.000 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 5. Amount of Today"s Request $ $ 4. Amount of Previous Unpaid Rt:quests 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) $ 7. If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ I certify that this request for payment has been drawn in accordance with the terms and conditions of tht: Agreement between the County and us as the SPONSOR. I also certify that the amount of the Request for Payment is not in excess of currt:nt needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) CCHDC/SHIP 2007 Agreement for Homebuyer Education & Counsding Page 12 of 15 16D20 EXHIBIT "C" SHIP MONTHL Y PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff by the /(/" of the following month. Status Report for Month of Submittal Date: Project Name Homebuyer Education and Counseling Project Number SHIP Activity Number SPONSOR: Collier County Housing Development Corporation Contact Person Kathv Pattt:rson, Executive Director Telephone: (239) 434-2397 Fax: (239) 430-2387 E-mail: kpatterson@collierchdc.org 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2, What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. CCHDC/SHIP 2007 Agreement for Homebuyer Education & Counseling Page130fl5 16u20 6. New participants enrolled this month (if applicable): Name of Participant, Name of Datt:of Race Ethnicity class class Address & Phone Number (see definitions (see definitions on following on following page) page) 7. For projects that serve a particular clientele, pleast: complete the following information by entering the appropriate number in the blank spaces and in the chart bdow. Complete tht: below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or pt:rsons served. Howcver, if one person received TWO st:rvices this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number o{benejieiaries in the blank spaee and in box "I. .. INCOME Of the households or persons assisted, arc extremdy low-incomt: income (0-30%) of the current Median Family Income (MFl). Enter this number in box "'2. .. Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Incomt: (MFI). Enter this number in box "3. .. Of these households or persons assisted, Income (MFI). Enter this number in box "4. .. are low-income (51-80%) of the current Median Family NOTE: The total of boxes 2, 3 and 4 should equal the number in box J, FEMALE HEAD OF HOUSEHOLD This project assisted in box "5" below. Female Head of Households REGARDLESS of income. Enter this number BOX I BOX2 BOX3 BOX4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-g0'Yo) Household Assisted (0-30%) (31-50%,) i i CCHDC/SHIP 2007 Agreement for Homebuyer Education & Counsding Page 14 of 15 16 D 20 Sponsors must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: I. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: I. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Otht:r Pacific Islander American Indian/Alaska Native and White Asian and White Black! African American and White American Indian! Alaskan Native and Black! African American Other Multi-Racial TOTAL: The Participant Enformation Form is to be used in conjunction with the SHEP Annual Progress Report. Once this information is gathered, the SHEP Annual Progre.\'s Report can be completed and forwarded to the SHEP Coordinator at Housing & Human Services, 3301 East Tamiami Trail, Bldg. H, Room 211, Naples, FL 34112. CCHDC/SHIP 2007 Agreement for Homebuyer Education & Counseling Page 15 of 15 16D21 EXECUTIVE SUMMARY Recommend approval of FDEP Amendment No.2 to Cost Share Contract No. 05COl and authorize the County Manager or his designee to sign this amendment and any subsequent amendments to this Agreement for additional funding with Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems for the construction and monitoring of the City of Naples/Collier County Beach Renourishment Project No. 905271. OBJECTIVE: Obtain approval of the FDEP Amendment No.2 to Cost Share Contract No. 05COl that sets out state and local funding limits for the City of Naples/Collier County Beach Renourishment Project. CONSIDERATIONS: The FDEP Cost Share Contract sets out state and local funding limits for the construction contract and the Biological Monitoring and Post Construction Monitoring. The original FDEP Cost Share Contract No. 05COl was approved by the BCC on November 29, 2005 Item lOG. Amendment No.2 increases the cost share percentage from FDEP to Collier County based on the recently revised County parking policy. Due to time restraints and the sensitivity of this project, staff recommends that the amendment be signed by the County Manager or his designee. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the approval 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. COUNTY ATTORNEY FINDING: The County Attorney has reviewed and approved this item for form and legal sufficiency. FISCAL IMPACT: Work on this project has been completed. With this Amendment the FDEP financial reimbursement will be increased by approximately $2 million. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Recommend approval of DEP Amendment No.2 to Cost Share Contract No. 05 CO 1 and authorize the County Manager or his designee to sign this amendment and any subsequent amendments to this agreement, subj ect to ratification by the Board of County Commissioners, for additional funding with Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems for the construction and monitoring of the City of Naples/Collier County Beach Renourishment Project No. 905271. PREPARED BY: Gary McAlpin, Coastal Zone Management Director 16D21 AMENDMENT No: 2 DEP AGREEMENT No: 05COl FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR COLLIER COUNTY BEACH NOURISHMENT THIS AGREEMENT as entered into on the 29th day of November, 2005, and amended on the 12'h day of May, 2006, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and COLLIER COUNTY, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: · Paragraphs I - 38 are hereby deleted in their entirety and replaced with the following: I. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the COLLIER COUNTY BEACH NOURISHMENT, (hereafter referred to as the PROJECT), as defined in Attachment A-2 (Project Work Plan), attached hereto and incorporated herein by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on October 31, 2009. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its subcontractor beginning on or after November 29, 2005, shall be eligible for cost sharing by the DEPARTMENT. 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. 5. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the restoration and maintenance of three segments along 10.2 miles of Gulf shoreline in Collier County. The segments consist of the following components: Vanderbilt Beach between DNR reference monuments R22-R37; Park Shore between DNR reference monuments R43-R54; and Naples between DNR reference monuments R58-R79. Approximately 1.8 miles of the project shoreline has not been designated critically eroded by the Department and therefore is not eligible for state funding. The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement and re-initiated upon execution of subsequent amendments to this Agreement for additional funding. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. DEP Agreement No. 05COI, Amendment No.2, Page I of9 16021 6. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as specified in Table I below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate each scope of work must be obtained from the DEPARTMENT prior to the initiation of said task. Failure to obtain prior written authorization for a specific task may result in the forfeiture of all retained funds associated with the PROJECT. 7. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table I below: TABLE 1 Task # Elil!ible PROJECT Items Estimated Project Costs Federal DEP Local Total 2.0 Desilm 2.1 Artificial Reef Design $0 $8,486 $17,835 $26,321 Desie:n Subtotal $0 $8,486 $17,835 $26,321 3.0 Construction 3.1 2006 Nourishment $0 $4,570,802 $15,283,797 $19,854,599 3.2 Construction Management $0 $46,749 $88,325 $135,074 3.3 Mitigation $0 $194,151 $655,849 $850,000 3.4 Additional Turtle Trawls $0 $136,500 $257,895 $394,395 Construction Subtotal $0 $4,948,202 $16,285,866 $21,234,068 4.0 Monitoring 4.1 Physical & Nearshore Biological $0 $305,198 $641,445 $946,643 4.2 Shorebird $0 $11,219 $23,579 $34,798 4.3 Tilling $0 $11,784 $24,766 $36,550 4.4 Post Construction Physical Monitoring $0 $28,992 $60,934 $89,926 4.5 One Yr. Post Const. (2007) Physical Monitoring $0 $147,214 $309,405 $456,619 4.6 One Yr. Post Const. (2007) Biological Monitoring $0 $349,838 $735,267 $1,085,105 Monitoring Subtotal $0 $854,244 $1,795,397 $2,649,641 TOT AL PROJECT COSTS $0 $5,810 932 $18,099.098 $23.910030 8. The DEPARTMENT's financial obligation shall not exceed the sum of $5,810,932 for this PROJECT. Further, the DEPARTMENT's share of the non-federal PROJECT cost, if applicable, for the specific eligible PROJECT items listed above shall not exceed the following: Tasks 2.1, 4.1, 4.2, 4.3, 4.4, 4.5 and 4.6 shall be cost shared at 32.24%; Task 3.2 and 3.4 shall be cost shared at 34.6 I %; and Task 3.3 shall be cost shared at 22.84%. The financial totals for Task 3. I referenced in the above table, include funding by the Federal Emergency Management Agency (hereafter referred to as FEMA). The DEPARTMENT's share of the non-federal PROJECT cost and non-FEMA portion for Task 3.1 shall be cost shared at 34.61 %. 9. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible project items which exceed the estimated project costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. 10. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. DEP Agreement No. 05CO 1, Amendment No.2, Page 2 of 9 16D21 1 I. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B-2 (Funding Eligibility), attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the general public on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access signs that are clearly visible from the highway for the life of the PROJECT. All parking must be clearly signed or otherwise designated as parking for the general public. 12. In accordance with Section 216.181(16)(b), Florida Statutes, the DEPARTMENT, upon written request from the LOCAL SPONSOR including justification for said request, and written approval from the State Chief Financial Officer, may provide an advance payment to the LOCAL SPONSOR. In addition to the written request for advance payment, the LOCAL SPONSOR shall also complete and submit the applicable portions of Attachment C-2 (Advance Payment Justification Form), attached hereto and made a part hereof. Consideration for advance payment is at the discretion of the DEPARTMENT, and shall be limited to eligible proiect construction costs only. The LOCAL SPONSOR's expenditures shall draw proportionally upon both the LOCAL SPONSOR's funds and the DEPARTMENT's advanced funds in accordance with the cost share ratios established pursuant to this Agreement. If advance payment is authorized, the LOCAL SPONSOR shall temporarily invest the advanced funds in an interest bearing account, and the LOCAL SPONSOR shall be responsible to the DEPARTMENT for a quarterly accounting of such funds. Interest income shall be documented by the LOCAL SPONSOR's submission of a current statement of account from the financial institution or agent where such funds are invested. Interest income shall be returned to the DEPARTMENT, within thirty (30) days following each quarter as set forth under this Agreement. Attachment D-2 (Advance Payment - Interest Earned Memorandum), attached hereto and made a part hereof, is provided as a sample of the document generated internally each calendar quarter by the DEPARTMENT's Bureau of Finance and Accounting for agreements which authorized an advance payment. The DEPARTMENT's Grant Program Administrator shall forward such memorandum to the LOCAL SPONSOR's Project Manager, who shall be responsible for completion of the applicable interest statement details and submission to the DEPARTMENT each quarter. This responsibility shall continue as long as advanced funds remain with the LOCAL SPONSOR, or until construction is completed and a final accounting on the advanced funds is completed and the unused funds and interest due the DEPARTMENT are returned to the DEPARTMENT. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the DEPARTMENT, shall be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. The parties hereto acknowledge that the State Chief Financial Officer may identify additional requirements that must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Chief Financial Officer, the LOCAL SPONSOR shall be notified, in writing, by the DEPARTMENT's Grant Program Administrator regarding the additional requirements. Prior to releasing any funds, the LOCAL SPONSOR shall be required to provide a written acknowledgement to the DEPARTMENT's Grant Program Administrator of the LOCAL SPONSOR's acceptance of the terms imposed by the State Chief Financial Officer for release of funds. DEP Agreement No. 05 CO I, Amendment No.2, Page 3 of 9 16D21 13. As consideration for the eligible work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment E-2 (Contract Payment Requirements), attached hereto and made a Part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment F-2 (Request For Payment, PARTS I - III), attached hereto and made a part hereof. These forms may be submitted on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 3 I, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period, of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. In such cases where no reimbursement is sought for a given quarter, all applicable portions of Part III Project Progress Report must be completed and submitted. 14. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible scope of work shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and applicable scope of work for said item. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 15. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period. Schedules may be required to be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. 16. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment G-2 (Completion Certification). A final project certification inspection will be made by the DEPARTMENT within 60 days after the PROJECT is certified complete by the LOCAL SPONSOR. DEP Agreement No. 05C01, Amendment No.2, Page 4 of9 16 D 21 17. Pursuant to Chapter 161.101(17), Florida Statutes, the LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. 18. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation", and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 19. The LOCAL SPONSOR's Project Manager for all matters is Gary McAlpin, Phone: 239/530-5342. The DEPARTMENT's Project Manager for all technical matters is Vince George, Phone: 850/413-7783 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 21. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 22. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR DEPARTMENT Gary McAlpin Collier County 3300 Santa Barbara Blvd. Naples, Florida 34116 (239) 530-5342 Dena VanLandingham, Grants Program Administrator Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 922-7711 23. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 24. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. DEP Agreement No. 05CO I, Amendment No.2, Page 5 of 9 16D21 25. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment 0-2 (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment 0-2 summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment 0-2. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the Department's Grants Program Administrator at 850/922-7711, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment 0-2, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations RecipientlSubrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps.t1dfs.com/fsaa The LOCAL SPONSOR should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 26. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 27. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 29. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. DEP Agreement No. 05CO 1, Amendment No.2, Page 6 of 9 16021 30. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the LOCAL SPONSOR shaIl require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shaIl comply fuIly with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Worker's Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 31. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 32. This Agreement is neither intended nor shaIl it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 33. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. C. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities atforded by this Agreement embrace diversity enthusiasticaIly. The award of subcontracts should reflect the fuIl diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contracting the Office of Supplier Diversity at (850) 487-0915. 34. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, F .S. 35. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the solicitation from which an intended subcontractor was selected. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents, including the solicitation and responses thereto, the bid tabulations and the resulting contract(s) including a detailed scope of work. DEP Agreement No. 05C01, Amendment No.2, Page 7 of9 ,." 16D21 36. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 37. The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 38. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 39. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 40. If a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEP AR TMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 41. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. · Attachment(s) A-I, B, C, D-], E and F are hereby deleted in their entirety. · Attachment(s) A-2 through H-2 as attached hereto are hereby added to the Agreement. DEP Agreement No. 05 CO I, Amendment No.2, Page 8 of 9 16D21 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. COLLIER COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BY:~t~ ecretary or (leslgnee Date: I / <3 - d 7 -6:::;-// Date: a(13(07 FEID No.59-6000558 \J........~~'l. ___~ DEP Grant Program Administr r ~3~~jI0rcl.~1 ~ Jcdnt County Attorney APPROVED as to form and legality: 70 ~ I .. ~ 1--- 'ffy~ DEP Attorney *If someone other than the Deputy County Manager signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Type Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Letter/ Number A-2 B-2 C-2 D-2 E-2 F-2 G-2 H-2 Description (include number of pages) Project Work Plan (3 pages) Funding Eligibility (4 pages) Advanced Payment Justification Form (3 pages) Advanced Payment -Interest Earned Memorandum Sample (1 page) Contract Payment Requirements (I page) Request For Payment (4 pages) Project Completion Certification (1 page) Special Audit Requirements (5 pages) DEP Agreement No. 05CO I, Amendment No.2, Page 9 of 9 16D21 A TT ACHMENT A-2 PROJECT WORK PLAN COLLIER COUNTY BEACH NOURISHMENT The PROJECT consists of the restoration and maintenance of three segments along 8.6 miles of Gulf shoreline in Collier County. The segments consist of the following components: Vanderbilt Beach between DNR reference monuments R22- R37; Park Shore between DNR reference monuments R43-R54; and Naples between DNR reference monuments R58- R79. Approximately 2.4 miles of the project shoreline has not been designated critically eroded by the Department and therefore is not eligible for state funding. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work (hereinafter referred to as SOW) for an eligible PROJECT item. These plans may be found at http://www.dep.state.fl.us/beaches/. Three (3) originals on all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 2.0 Design and Permitting Such activities include work performed and costs incurred in advance of and in preparation for construction activities. Eligible costs may include expenses for governmental and administrative permits, construction design, and other tasks as encountered and approved. Funding in this category ($26,32 I) was an outstanding amount per an approved SOW, from a previous contract (01 CO 1), but new funds were placed in the current contract. The consultant for this contract SOW is CPE. Billings for reef design applicable to later mitigation efforts under 3.1 of this Project Work Plan (PWP) will be cost shared per the overall eligibility calculated under 4.0 of this PWP . 3.0 Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. This project includes three segments (Vanderbilt, Park Shore, and Naples) in Collier County. DEP contract 01 CO 1 provided state funding for the original restoration, which included only critically eroded areas of shoreline. Collier County chose to expand the project and obtained a new permit to include all three segments. A new cost share was developed for each new expanded segment. Segment Vanderbilt Park Shore Naples % Eligible 48.46% 33.16% 95.02% State Share 24.23% 16.58% 47.51% Initial cost estimates were above the County's budget, so the 2005 nourishment was reduced to meet the budget; however the County plans to maintain the permitted template in the future. With this in mind, the cost sharing for the total permitted project will be used for this nourishment event. One SOW approved August 2, 2005 for construction ($18,4 76,312) was submitted by Great Lakes Dredge and Dock. Another SOW approved November 30,2005 for construction management ($135,074) was submitted by CPE. DEP Agreement No. 05 CO 1, Amendment No.2, Attachment A-2, Page I of 3 16D21 Finally, a SOW approved March 21, 2006 for additional turtle trawling ($136,500) was submitted by Great Lakes Dredge and Dock. The project consists of three segments (Vanderbilt, Park Shore, and Naples). However, sand placement was bid on multiple sections. The sections do not correspond directly with critical and non-critical areas of shoreline, but cost share could be determined for each segment by combining sections. This was necessary because each section resulted in a different cost per cubic yard of material. Additionally, the volume of sand that qualified for state reimbursement had to be reduced by the portion paid for by the FEMA. Beach fill costs by segment (non-FEMA) Vanderbilt R22.4 to R37 $2,444,238.41 Park Shore R43.7 to R54.4 $2,598,833.52 Naples R57.3 to R79 $5,597,036.50 Cost share eligibility by segment (non-FEMA) Vanderbilt $2,444,238.41 X .2423 = $592,238.96 Park Shore $2,598,833.52 X .] 658 = $430,886.60 Naples $5,597,036.50 X .4751 = $2,659,] 52.04 Construction costs that can not be attributed to a specific segment (mobilization, performance bond, environmental monitoring, construction management, additional sea turtle trawling, and sea turtle monitoring) will be cost shared based upon the ratio of the combined state funding share and total construction costs for beach fill. This was determined as follows: Sum of cost share eligibility/total beach fill costs = 3,682,277.6011 0,640, 1 08.43 = 0.346] (34.6] %) Based on the State cost sharing described above the total state funding for construction shall not exceed $4,570,802. 3.3 Mitigation Construction Additional reimbursement costs are associated with the mitigation reef construction. The following calculations are based on the DEP Biological Monitoring Plan approved April 20, 2005. Specifically addressed is the coverage of 1.09 acres of hardbottom and the required mitigation. A project bid for the mitigation work was presented by Center Contracting Corporation (approved April 9, 2007), for a total cost of $850,000. All three segments; Vanderbilt, Park Shore and Naples; were used to determine cost share eligibility for reimbursement of required mitigation. Segment % of total mitigation acreage Vanderbilt 21.24% Park Shore 63.77% Naples 14.99% State Share Vanderbilt Park Shore Naples 24.23% ]6.58% 47.51% Cost share eligibility by segment Vanderbilt $850,000 X .2124 X .2423 = $43,745 Park Shore $850,000 X .6377 X .]658 = $89,871 Naples $850,000 X . ]499 X .475] = $60,535 Other mitigation construction costs, if any, will be cost shared based upon the ratio of the combined state reimbursement costs and total mitigation reef construction costs. This was determined as follows: DEP Agreement No. 05CO 1, Amendment No.2, Attachment A-2, Page 2 of 3 16D21 Sum of cost share eligibility/total mitigation costs = 194,151/850,000 = 0.2284 (22.84%) 4.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. Monitoring requirements are consistent between segments. Unlike construction where unit costs vary between segments, monitoring unit costs are consistent. Monitoring for the nourishment shall be cost shared at the ratio of eligible shoreline length to total permitted shoreline length. This was determined as follows: Segment % Eligible Vanderbilt 48.46% Park Shore 33. 16% Naples 95.02% State Share 24.23% 16.58% 47.5 I % Overall: 64.48% 32.24% The SOW approved June 28, 2005 for biological monitoring ($857,819.80) covers pre and post construction services provided by CPE. The SOW approved July 5, 2005 for pre-construction physical monitoring ($88,822.30) was provided by CPE. The shorebird monitoring SOW provided by Conservancy of SW FL ($34,798) was approved November 14, 2005. The SOW approved March 21, 2006 ($36,550) authorizes Lightner Contracting to provide tilling services. The post construction physical monitoring SOW by CPE ($89,926) gained approval November 30, 2005. Finally, a SOW approval for One Year (2007) Post Construction Physical Monitoring ($147,214) has been issued to CPE, effective July 18,2007. Similarly, a SOW approval has been issued to CPE ($349,838) for One Year (2007) Post Construction Biological Monitoring, effective June 27,2007. DEP Agreement No. 05CO 1, Amendment No.2, Attachment A-2, Page 3 of 3 16021 A TT ACHMENT B-2 FUNDING ELIGIBILITY COLLIER COUNTY BEACH NOURISHMENT PROJECT Vanderbilt Beach Se2ment Project Boundary: 350' south ofR22 to R37 Approximate Shoreline Length: 14,920' Public Access Delnor- Wiggins State Recreation Area * Vanderbilt Beach Road* On-site Spaces 340 149 Adjacent Spaces o 18 Total Spaces 340 167 Qualifvine: Hotels La Playa Qualifvin2 Shoreline 360' Area determined to be publicly accessible 350' south ofR22 to 150' north ofT25 30' south ofR26 to 540' north of R31 TotaI Lene:th 2,640' 4,590' Area determined to be criticallv eroded R22.3 - R30.5 Total eligible shoreline length: 7,230' Total project shoreline length: 14,920' Percent eligible for State funding: 48.46% State eligibility incorporates the total project length (critical and non-critical) and eligibility only recognizes publicly accessible critically eroded shoreline. *Primary beach access contains a minimum of 100 parking spaces and public restrooms. DEP Agreement No. 05 CO 1, Amendment No.2, Attachment B-2, Page 1 of 4 ..........""ll". 16D21 FUNDING ELIGIBILITY COLLIER COUNTY BEACH NOURISHMENT PROJECT Parkshore See:ment Project Boundary: 325' north ofR44 to 390' south ofR54 Approximate Shoreline Length: 11,265' Public Access Horizon Way Vedado Way On-site Parking Spaces Metered Permit* 24 14 27 10 Adjacent Spaces 15 o TOTAL Eligible Spaces 53 37 Area determined to be publiclv accessible 870' south ofR50 to 290' south ofR54 Total Lene:th 3,735' Area determined to be criticallv eroded R50.65 to 390' south ofR54 Total eligible shoreline length: 3,735' Total project shoreline length: 11,265' Percent eligible for State funding: 33.16% State eligibility incorporates the total project length (critical and non-critical) and eligibility only recognizes publicly accessible critically eroded shoreline. *Permit spaces are available to residents and the general public for the same price. DEP Agreement No. 05CO 1, Amendment No.2, Attachment B-2, Page 2 of 4 FUNDING ELIGIBILITY COLLIER COUNTY BEACH NOURISHMENT PROJECT Naples See:ment Project Boundary: 1,050' north ofR58 to R79 Approximate Shoreline Length: 19,375' On-site Spaces Adjacent Spaces Total Public Access Public Permit** Public Permit** Spaces Lowdermilk Park* 52 162 0 0 214 8th Avenue North 21 0 0 0 21 th Avenue North 10 2 0 0 12 North Lake A venue 19 19 0 0 38 6th Avenue North 6 4 0 0 10 5th Avenue North 0 0 0 0 0 4th Avenue North 11 4 0 0 15 3rd Avenue North 10 4 0 0 14 2nd Avenue North 12 4 0 0 16 I st Avenue North 11 6 0 0 17 Central Drive 8 4 0 0 12 1 st A venue South 5 II 0 0 16 2nd A venue South 7 4 0 0 11 3rd Avenue South 8 6 0 0 14 4th Avenue South 10 5 0 0 15 5th A venue South 21 0 20 15 56 6th A venue South 4 8 0 0 12 th A venue South 10 6 0 0 16 8th Avenue South 6 5 0 0 11 9th A venue South II 4 0 0 15 loth A venue South 15 6 0 0 21 11 th A venue South 8 5 0 0 13 Broad A venue 20 0 28 0 48 lih Avenue South* 4 0 103 0 107 13th Avenue South 22 0 9 0 31 14th Avenue South 16 14 0 0 30 15th A venue South 10 8 0 0 18 16th A venue South 16 14 0 0 30 1 th A venue South 7 3 0 0 10 18th A venue South 12 13 14 0 39 19th A venue South 0 0 0 0 0 21 st A venue South 0 0 0 20 0 *Primary beach access contains a minimum of 100 parking spaces and public restrooms. **Permit spaces are available to residents and the general public for the same price. DEP Agreement No. 05C01, Amendment No.2, Attachment B-2, Page 3 of 4 16D21 Oualifvine: Hotels Edgewater Motel Oualifvine: Shoreline 265' 16D21 Area determined to be publicly accessible 85' north ofR58 to R79 Total Lene:th 18,410' Area determined to be critically eroded R57.8 - R79 Total eligible shoreline length: 18,410' Total project shoreline length: 19,375' Percent eligible for State funding: 95.02% State eligibility incorporates the total project length (critical and non-critical) and eligibility only recognizes publicly accessible critically eroded shoreline. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 05CO 1, Amendment No.2, Attachment B-2, Page 4 of 4 16D21 A TT ACHMENT C-2 ADVANCE PAYMENT JUSTIFICA TON FORM Use of this form is not required unless the advance requested requires the prior approval of the State Chief Financial Officer. For advance requests that are equal to or less than the purchasing threshold of category two as de tined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215.422( 14). Florida Statutes. use of this form is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior approval of the State Chief Financial Officer. Name/ Address of the Vendor/Recipient: Contact Person/Phone No.: Al!reement No.lPurchase Order No. (if known): Commodities/Services/Project Description: Organizational Structure (i.e. local gov'!. non-profit corporation, etc.) Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover: o 90 days startup IB Full Contract Period o Quarterly Other (specify): Indicate Statutory Authority: 0215.422. F.S I 0 216.181, F.S. GAA Year and Line Item Info: SFY: I I Line Item: I l. Reason advance payment is required: 2. The following information required for advances requested pursuant to 215.422, Florida Statues (and the Reference Guide for State Expenditures) which exceed the purchasine threshold of cateeory two as defined in 287.017, Florida Statutes. A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent (%) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the Department of Financial Services. Division of Accounting and Auditing, Bureau of Auditing at 8501410-4194 or SunCom 210-4194 regarding the current Treasury earnings rate. B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: DEP Agreement No. 05C01, Amendment No.2, Attachment C-2, Page I on ...---...... 16D21 C. Identify the procurement method used to select the vendor. 3. The following information required for advances to Governmental Entities and Non-Profits pursuant to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid Aoorooriation Catel!ories 05XXXX or 14XXXX) A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanccd funds and track thc intcrcst earncd on the advanced funds: Remittances must: I) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Burcau of Financc and Accounting Rcccipts Section P.O. Box 3070 Tallahassce, Florida 32315-3070 B. A lettcr requesting advance payment from the recipient. on its letterhead, must be attached. DEP Agreement No. 05CO I, Amendment No.2, Attachment C-2, Page 2 of 3 16D21 C. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter ofthe agreement period. Description First Quarter Second Quarter Third Quarter Fourth Quarter Salaries (identify personnel/titles) Fringe Benefits Contractual Services (list services and estimated costs) Equipment (identify each item and cost) Supplies Travel Other (specify) Overhead/Indirect Total: Certification Statement The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this time. By: Type Name of Signatory: Date Title: Chief Financial Officer or designee DEP Program Area Review/Approval Recommendation: D Approve Request D Deny Request By: Type Name of Signatory: Date Title: Bureau: Division: The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review and legislature consultation, as appropriate. Bureau of Finance & Accounting Use Only DEP Agreement No. 05CO 1, Amendment No.2, Attachment C-2, Page 3 of 3 16D21 ATTACHMENT D-2 ADVANCE PAYMENT - INTEREST EARNED MEMORANDUM "SAMPLE DOCUMENT" TO: Dena VanLandingham, Bureau of Beaches and Coastal Systems, MS#300 FROM: Linda Scott, Finance and Accounting Director, Bureau of Finance and Accounting, MS#78 DATE: SUBJECT: Advance Payment - DEP Agreement No.: XXXX BECP Project No.: XXX X Interest Due to DEP: (Quarterly) Pursuant to Section 216.181 (l6)(b), Florida Statutes, advance payments may be required to be deposited into an interest bearing account until all funds have been depleted. In order to comply with this statute, advance approval of the State Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later twenty (20) days following each calendar quarter (i.e. Januarv 20. April 20. Julv 20. and October 20.) Advance funding disbursed (date ar disbursement) $ I. Advanced funds expended by contractor covering period of (agreement executian) to (end armast recent calendar qtr) $ 2. Balance advance funding principal available $ 3. Interest earned on advanced funds covering period of (agreement executian) to (end armast recent calendar qtr) $ 4. Amount of interest paid to DEP as of (end armast recent calendar qtr) $ 5. Balance Due to DEP as of (end armast recent calendar qtr) $ (Project Manager's Signature) (Date) Special Instructions: If the grant/contract specifies that any accrued interest which is based upon a grant/contract advance payment(s) will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1,2,3,4, and 5. Items 3,4, and 5 will be the life to date interest. If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2. The line 1 and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables, payables, or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452 in the Contracts Disbursement Section. DEP Agreement No. 05CO 1, Amendment No.2, Attachment D-2, Page 1 of 1 16D 2' A TT ACHMENT E-2 Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: ( I) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). rf the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copIes of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.0 17, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: rf the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the following web address: http://www.fldfs.com/aadir/reference%5Fguide/. DEP Agreement No. 05CO 1, Amendment No.2, Attachment E-2, Page 1 of 1 "'fl""" .....,..._"_".d._..'.~" 16D21 ATTACHMENT F-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT - PART I PAYMENT SUMMARY Name of Project: COLLIER COUNTY BEACH NOURISHMENT Grantee: COLLIER COUNTY DEP Contract Number: 05COl Billing Number: Billing Period: Billing Type: 0 Interim Billing o Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total $ *if applicable Cost Summary: $ $ $ State Funds Obligated $ Local Funds Obligated $ Less Advance Pay $ Less Advance Pay $ Less Previous Payment $ Less Previous Credits $ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retainage (10%) $ Local Funds Remaining $ State Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. 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'- o ~ :J OJ ~ ~ 0) ~ Z 6D21 .q- '- o N <l) t)fJ ro ~ N I ..... ..... c:: <l) S ..c:: Q ro t:: <r: N o Z ..... c:: <l) S "0 c:: <l) S <r: ...... o u V') o o z ..... c:: <l) S <l) <l) bh <r: ~ ~ Ci 16D21 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Name of Project: COLLIER COUNTY BEACH NOURISHMENT DEP Agreement Number: 05COl Grantee: COLLIER COUNTY Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent oftask completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 2.0 DESIGN AND PERMITTING 2.1 Artificial Reef Design 3.0 CONSTRUCTION 3.1 2006 Nourishment 3.2 Construction Management 3.3 Mitigation DEP Agreement No. 05C01, Amendment No.2, Attachment F-2, Page 3 of 4 16021 3.4 Additional Trutle Trawls 4.0 MONITORING 4.1 Physical & Nearshore Biological 4.2 Shorebird 4.3 Tilling 4.4 Post Construction Physical Monitoring 4.5 One Yr. Post Construction (2007) Physical Monitoring 4.6 One Yr. Post Construction (2007) Biological Monitoring REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 05CO 1, Amendment No.2, Attachment F-2, Page 4 of 4 16D21 ATTACHMENT G-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: COLLIER COUNTY BEACH NOURISHMENT DEP Agreement Number: 05COI Grantee: COLLIER COUNTY *1 hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 05CO I, Amendment No.2, Attachment G-2, Page I of 1 16D21 A TT ACHMENT H-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMS Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMS Circular A-l33, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). DEP Agreement No. 05COl, Amendment No.2, Attachment H-2, Page 10f5 .. 16D21 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. PART II: STATE FUNDED This part is applicable ifthe recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. I. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 5. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.comlfsaaJ or the Governor's Office of Policy and Budget website located at http://www.ebudget.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/Welcome/index.cfm, Governor's Website http://www.myflorida.com/, Department of Financial Services' Website http://www.fldfs.com/and the Auditor General's Website http://www.state.fl.us/audgen/pages/flsaa.htm . PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrangejor audits qfStatefinancial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMS Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No. 05C01, Amendment No.2, Attachment H-2, Page 2 of5 16D21 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 120 I East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 8. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 05C01, Amendment No.2, Attachment H-2, Page 30f5 ..,...-- 16D21 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMS Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 05COl, Amendment No.2, Attachment H-2, Page 4 of 5 . ......"#"- - E-o ;is - == >< ~ o Z ~ o ....l ....l o ~ ~ ::c: f- ~ o f- r/l Vi Z o U f- Z ~ :::2 ~ ~ o <: ~ ::c: f- o f- f- Z <: ;:::J r/l 0::: ;:::J 0... f- Z ~ ~ o ~ ~ f- o f- a ~ 2 <: ~ <: r/l a Z ;:::J ~ s::: 0 Q):~ ~ gl5.~ r/l81;:i g:u <: ..... I: =' 0 a <: gf :0 s::: =' ~ ~ s::: .~ ~ ~ '0 ..... r- f= cu <: .c a .... ... ~ 0 u .... '" '(;l = 0 u .... = cu e cu cu 6i .0( '" :2 .... 0 .... ... .... <: Q) = a.D ~ ~ a = '" uz J.. = ~ .... = cu :e c.J cu ex:: ;>... QJ U .c s::: .... ~ 0 .... <: 't:l ~ QJ ... 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Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken a<.'tion on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exception of the Chairman's sil!nature, draw a line throu2h routinlZ lines #1 throulZh #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routimz order) 1. Terri Daniels Housing and Human Services If 10/09/07 2. , , 3. , 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chainnan's signature are to be delivered to the BCC office only after the BCe has acted to approve the item.) Name of Primary Staff Terri Daniels Phone Number 252-2689 Contact Agenda Date Item was October 09, 2007 Agenda Item Number 16D22 Approved bv the BCC Type of Document Grant Acceptance Document Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a fO riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed i by the Office of the County Attorney. This iocludes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from . contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be re of our deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporate the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. I: Fonnsl County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24.05 16 U 22 MEMORANDUM Date: October 11, 2007 To: Terri Daniels, Grants Supervisor Human Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Grant Acceptance Document Department of Jusitce Enclosed, please find one (1) original documents as referenced above (Agenda Item #16D22), approved by the Board of County Commissioners on Tuesday, October 9, 2007. After execution please forward a fully executed copy to the Minutes and Records Department. If you should have any questions, please call 252-7240. Thank you. Enclosures (1) Department of Justice Office on Violence Against Women September 13,2007 Washing/un, DC. 20531 Mr. James Coletta Collier County 3301 Tamiami Trail E. Building J Naples, FL 34112 Dear Mr. Coletta: On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office on Violence Against Women has approved your application for funding under the Safe Havens: Supervised Visitation and Safe Exchange Grant Program in the amount of $200,000 for Collier County. This award provides the opportunity for recipients to develop and strengthen effective responses to violence against women. This grant award, made under the Safe Havens: Supervised Visitation and Safe Exchange Grant Program, is to support supervised visitation and safe exchange options for families with a history of domestic violence, child abuse, sexual assault and stalking. Enclosed you win find the award package. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-an-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact Michelle Dodge at (202) 353-7345. For financial questions, contact the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or by email at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, I'l(;~~ Mary Beth Buchanan Acting Director, Office on Violence Against Women Enclosures 1 16 D 22 f)f " 1. : Cc \, .~ \. . .;,..~~"' Department of Justice Office of Justice Programs Office for Civil Rights Washing/on,D.C. 20531 September 13, 2007 Mr. James Coletta Collier County 3301 Tamiami Trail E. Building J Naples, FL 34112 Dear Mr. Coletta: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OlP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to FederaUy Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in tbe delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.c. ~ 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith~based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. 2 16J 22 State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. These employment provisions have been specifically incorporated into 28 CF.R. Part 38.1 (f) and 38.2(f). Consequently, in many circumstances, it would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on OCR's wehsite at http://www.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to aU segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.c. 9 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(I) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 CF.R. 9 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 CF.R. 9~ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No.6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part~time employees hut excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. tfyour organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the BEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Fonn can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization bas less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Fonn and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. 3 16022 Ensuring the Compliance of Subrecipients (fyour organization makes subawards to other agencies, you are responsible tor assuring that subrecipients also comply with aU of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. lfwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at http://www.ojp.usdoj.gov/ocrl. Sincerely, ~ ). Ii.W>:- Michael L. Alston Director cc: Grant Manager Financial Analyst 4 16 ~T U 22 16 D 22 Department of Justice Office of Justice Programs Office of Comptroller Washington, D.C. 20531 September 13, 2007 Mr. James Coletta Collier County 3301 Tamiami Trail E. Building J Naples, FL 34112 Reference Grant Number: 2007 -CW -AX -0007 Dear Mr. Coletta: I am pleased to inform you that my office has approved the following budget categories fOf the aforementioned grant award in the cost categories identified below: Category Budget Personnel $0 Fringe Benefits $0 Travel $2.250 Equipment $0 Supplies $0 Construction $0 Contractual $197,750 Other $0 Total Direct Cost $200,000 Indirect Cost $0 Total Project Cost $200,000 Federal Funds Approved: $200,000 Non-Federal Share: $0 Program Income: $0 5 If you have questions regarding this award, please contact: Program Questions, Michelle Dodge, Program Manager at (202) 353-7345; and Financial Questions, the Office of the Comptroller, Customer Service Centcr(CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, I{",,~~ y\?~ Marcia Paull Chief Financial Officer 6 16 D 22 Department of Justice Office on Violence Against Women Office on Violence Against Women I. RECIPIENT NAME AND ADDRESS (Including Zip Code) Collier County JJOI Tamiami Trail E. Building J Naples, FLJ4li2 IA. GRANTEE IRSNENDOR NO 59600056] 1-'3. i>iOJECTTITLE- I Collier County Safe Havens; Supervised Visitation and Safe Exchange Progmm2007 16 22 (....,. u PAGE ] OF 4 Grant I 4, A WARD NUMBER: 2007-CW"AX-OQ07 I 5. PROJECT PERIOD: FROM , I BUDGET PERIOD: FROM __ t~.-AW~~_DA T~ _~~~~~7 8. SUPPLEMENT NUMBER 00 ]010112007 TO 09/3012009 10/01/2007 TO 09/30/2009 7. ACTION Initial f--- 9, PREVIOUS A WARD AMOUNT 10 10. AMOUNT OF THIS A WARD $ 200,000 11. TOTAL AWARD $ 200,000 I --. .---- ---. --.- --.--- i 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATIJTORY AUTHORITY FOR GRANT This project is supported under 42 U.S.e. 10420 (OVW - Supervised Visitation) .---1 15. METHOD OF PAYMENT PAPRS f..-- . AGENCY APPROVAL ] 6. TYPED NAME AND TITLE OF APPROVING OFFICIAL Mary Beth Buchanan Acting Director, Office on Violence Against Women i 7. SIGNATURE OF APPROVING OFFICIAL 1tl~~ r----- i --I i 1 ~---_.._-_. GRANTEE ACCEPTAr.icE-----1 -- I 18, TYPEDNAMEANDTlTLE~;.AUTHO~ZEDGRA~TEEOFFICIAL -I 1 -~ I ",SIGNAl: I , -----J j"A.DAl:E 1 l'O/9/0V --~----, I 1 James Coletta Chairman, Collier County BCC _____L 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFe. REG AGENCY USE ONLY - -.--1- 21:-CW07DoOI09 SUB. rOMS AMOUNT x A cw 29 00 00 OJP FORM 400012 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 200000 nam# &19gahl1ftlol!!1l~'f ATIEST:,' .n ""'-----'OWIGI;IT E. ~.ROC~1 CLERK mmty Att'll'n~; ....., &~~~ -"t. Deputy C1 ~. , . \\ 'I ;1:11 (Ai h".~ t\ge:1da Dale " ~.'l '; t..;,'l:t; ;,' l\ Dale Rec'd 7 16D22 Department of Justice Office on Violence Against Women AWARD CONTINUATION SHEET PAGE 2 OF 4 Grant PROJECT NUMBER 2007~CW-AX-0007 AWARD DATE 09/1]/2007 ---I SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition oftne Office of Justice Programs (DJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (ifredpient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements ofOMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the express prior written approval of OVW. 5. The grantee agrees to comply with the applicable requirements of28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not pennitted to discriminate in the provision of services on the basis ofa beneficiary's religion. 6. The grantee agrees to comply with all relevant statutory and regulatory requirements which may include, among other relevant authorities, the Violence Against Women Act of 1994, Pol. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C 3711 et seq., the Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109-162, and OVW's implementing regulations at 28 CFR Part 90. 7. The grantee agrees to submit semiannual progress reports that describe project activities during the reporting period. Progress reports must be submitted within 30 days after the end ofthe reporting periods, which are January I-June 30 and July I - December 31 for the duration of the award. Future awards may be withheld if progress reports are delinquent. Grantees are required to submit this infonnation online, through the Grants Management System (GMS), on the semi-annual progress report for the relevant OVW grant programs. 8. Under the Government Perfonnance and Results Act (GPRA) and VA W A 2000, grantees are required to collect and maintain data that measure the effectiveness of their grant-funded activities. Accordingly, the grantee agrees to submit semi-annual electronic progress reports on program activities and program effectiveness measures. Information that grantees must collect under GPRA and VAWA 2000 includes, but is not limited to: I) number of persons served; 2) number of persons seeking services who could not be served; 3) number of supervised visitation and exchange centers supported by the program; 4) number of supervised visits between parents and children; and 5) number of supervised exchanges between parents and children. 9. A final report, which provides a summary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award, is due 90 days after the end of the award. The Final Progress Report should be submitted to the Office on Violence Against Women through the Grants Management System with the Report Type indicated as "Final". u~ OJP FORM 400012 (REV. 4-88) 8 ZL. 16022 ~------ , e.n'.. , . . Xi I ~ - ". i ~..- i ~.. " ~ <(l '" Department of Justice Office on Violence Against Women - ---r- ! A WARD CONTINUATION SHEET PAGE 3 OF 4 Grant PROJECT NUMBER 2007~CW-AX-0007 AWARD DATE 09/13/2007 -=1 SPECIAL CONDlTlONS 10. The grantee agrees to submit one copy of all reports and proposed publications funded under this project not less than twenty (20) days prior to public release for OVW review. Prior review and approval ofa report or publication is required if project funds are to be used to publish or distribute reports and publications developed under this grant. II. The grantee agrees that grant funds will not support activities that may compromise victim safety, such as: pre-trial diversion programs or the placement of offenders charged with crimes of domestic violence in such programs; mediation, couples counseling, family counseling or any other manner of joint victim~offender counseling; mandatoI)' counseling for victims of domestic violence; forcing the victims to testify against their abusers; or the placement of perpetrators of domestic violence in anger management programs. 12. All materials and publications (written, visual, or sound) resulting from award activities shall contain the following statements: "This project was supported by Grant No. awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. 13. The grantee agrees that grant funds will be used to support services for supervised visitation and safe visitation exchange of children by and between custodial and non~custodial parents. The grantee agrees that funds will not be used to support visitation or exchange of children in foster care or protective custody of courts or social service agencies. 14. The grantee agrees to develop adequate security measures, including but not limited to, adequate facilities, procedures, and personnel capable of preventing violence, for the operation of supervised visitation programs or safe visitation exchange. 15. The grantee agrees that funds will not be used to provide offsite or overnight visitation services. Offsite visitation includes, but is not limited to, any monitored visit between a child and a non-custodial parent that occurs outside the premises of the visitation center. Overnight visitation includes, but is not limited to, any monitored visit between a child and a non-custodial parent that occurs outside of the normal operating hours of the visitation center. 16. Prior to implementing visitation and exchange services, the grantee agrees to submit to OVW, for review and approval, written policies and procedures for case selection and tennination; standards by which supervised visitation andlor safe exchanges will occur; security measures; and fees charged to individuals for use of program services. 17. The grantee agrees that if fees are charged for use of programs or services, any fees charged must be based on the income of the individuals using the programs or services, unless otherwise provided by court order. 18. Grant funds shall be used to support supervised visitation and safe visitation exchange of children by and between parents in situations involving domestic violence, child abuse, sexual assault, or stalking. In accordance with 42 use 10420, the grantee may not use grant funds to support individual counseling, family counseling, parent education, support groups or therapeutic supervision. The grantee may not mandate victims to parent education or other program services. 19. Supervised Visitation Grant Program grantees are required to develop fonnal affiliations with organizations that will be able to provide services and consultation to the programs in their work with children and parents. Accordingly, grantees must establish a consulting committee that includes experts in the following fields: child abuse and neglect, mental health, batterer's intervention, law enforcement, child protection services, and advocacy for victims of domestic violence, dating violence, stalking and sexual assault. , ---- OlP FORM 4000/2 (REV. 4-88) 9 ~ ~!:~- ,{. ..' ':J 17 Department of Justice Office on Violence Against Women A WARD CONTINUATION SHEET Grant PAGE 4 OF 4 I----;~OJE~~ NUMBER 1-------- I 2007-CW-AX~OOO7 AWARD DATE 09/13/2007 SPECIAL CONDITIONS 20. The grantee agrees to allocate project funds as designated by the Office on Violence Against Women for allowable costs to participate in OVW+sponsored technical assistance. Funds designated for OVW-sponsored technical assistance may not be used for any other purpose without prior approval ofOVW. Technical assistance includes, but is not limited to, peer-to-peer consultations, focus groups, mentoring site visits, conferences and workshops conducted by OVW-designated technical assistance providers or OVW-designated consultants and contractors. 21. The grantee will provide the Office on Violence Against Women (OVW) wilh the agenda for any training seminars, workshops, or conferences not sponsored by OVW that project staff propose to attend using grant funds. The grantee must receive prior approval from OVW before using OVW grant funds to attend any training, workshops, or conferences not sponsored by OVW. To request approval, grantees must submit a Grant Adjustment Notice (GAN) request through the grants management system to OVW with a copy of the event's brochure, curriculum and/or agenda, a description of the hosts or trainers, and an estimated breakdown of costs. The GAN request should be submitted to OVW at least 20 days before registration for the event is due. Approval to attend non-OVW sponsored programs will be given on a case-by-case basis. 22. The grantee agrees to submit for OVW review and approval any anticipated addition of, removal of, or change in collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding, and if applicable, the Internal Memorandum of Agreement. 23. The Director ofOVW, upon a finding that there has been substantial failure by the grantee to comply with applicable laws, regulations, and/or the terms and conditions of the grant or cooperative agreement, will terminate or suspend until the Director is satisfied that there is no longer such failure, all or part of the grant or cooperative agreement, in accordance with the provisions of 28 CFR Part 18, as applicable mutatis mutandis. 24. Approval of this award does not indicate approval of any consultant rate in excess of$450 per day. A detailed justification must be submitted to and approved by lhe Office on Violence Against Women prior to obligation or expenditure of such funds. 25. Pursuant to 28 CFR ~66.34, the Office on Violence Against Women reserves a royalty.free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, in whole or in part (including in the creation of derivative works), for Federal Government purposes: (a) any work that is subject to copyright and was developed under this award, subaward, contract or subcontract pursuant to this award; and (b) any work that is subject to copyright for which ownership was purchased by a recipient, subrecipient or a contractor with support under this award. In addition, the recipient (or subrecipient, contractor or subcontractor) must obtain advance written approval from tbe Office On Violence Against Women program manager assigned to this award, and must comply with all conditions specified by the program manager in connection with that approval before: I) using award funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new work developed under this award. It is the responsibility of the recipient (and of each subrecipient, contractor or subcontractor as applicable) to ensure that this condition is included in any subaward, contract or subcontract under this award. OJP FORM 4000/2 (REV. 4-88) 10 ~ 16022 -~I ---I , e Department of Justice Office on Violence Against Women Washing/on. D.C. 20531 Memorandum To: Official Grant File From: Mamie R. Shiels, Environmental Coordinator Subject: Categorical Exclusion for Collier County The Safe Havens: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation Program) was authorized as a two-year pilot program under the Violence Against Women Act of 2000(V A W A 2000)to increase supervised visitation and exchange options for families with a history of domestic violence, child abuse, sexual assault or stalking. The Program was reauthorized in 2005 with the passage of the Violence Against Women and Department of Justice Requthorization Act of 2005 (VA W A 2005). Eligihle applicants for the program include states, Indian tribal governments, and units of local government. By statute, projects funded under the Supervised Visitation Program must demonstrate expertise in the area of family violence, provide a sliding fee scale for clients, demonstrate adequate security measures, and prescribe standards and protocols by which supervised visitation or safe exchanges will occur. None of the following activities will be conducted under the OVW federal action: 1. New construction. 2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year floodplain. 3. A renovation which will change the basic prior use ofa facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets the criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of the Code of Federal Regulations (adopted by OVW at 28 CFR ~ 0.122(b)). 1 1 16 D 22 16u22 '~ I~ I '-- Department of Justice Office on Violence Against Women GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY ------------- l i Grant , i -I PROJECT NUMBER 2007-CW-AX-0007 -----r-- , I , PAGE 1 OF , ] I -. I This project is supported under 42 U.S.c. 10420 (OVW - Supervised Visitation) ~T AFF CON-T ACT-iN~; &: t;l-epho~~ nu~b~~)-- Michelle Dodge (202)353-7345 I I I J 2. PROJECT DIRECTOR (Name, address & telephone number) Marcy Kmmbine Director, Housing & Human Services Department 330] Tamiami Trail E. Building 0 Naples, FL 34112 (239)774-8]54 , I I i ---------.,- ; 3a. TITLE OF THE PROORAM ! OVW FY 07 Safe Havens: Supervised Visitation and Safe Exchange Grant Program I : 3b. POMS CODE (SEE INSTRUCTIONS I ON REVERSE) ! -1------------------ -- I 8. B~~::T PERIOD 10/01/2007 I ---/-..-...-------.----..-- --."._~-" [1O.DATEOFAWARD 09/1312007 ___I, __._._.__.___ ______ r 12. SECOND YEAR'S BUDGET AMOUNT ! 'l3:-THIRD v"EAR's BUDGET PE-RIOD ---1 14~THIRD-Y-EA-R's BUDGET AMOUNT h5~SUMMARY DESCRIPTION-OF-PROJECT (S,,,';;'ru,,;,, ~,,;;;';;) L______ I "TITLE OFPROJECT - , Collier County Safe Havens: Supervised Visitation and Safe Exchange Program 2007 I 1- 5. NAM-E& ADDRESS OF GRANTEE-- I CoJlierCounty I 3301 Tamiami Trail E. Building J LN'.]". FL 34112 : 7. PROGRAM PERIOD I FROM: 10/0112007 -I I . ---- - ----,-:.------ -- .-- ----- I 6. NAME & ADRESS OF SUBGRANTEE _I I ! I -I ! TO: 09/30/2009 TO: 0913012009 19".-AMOUNT OFAWAW-- $200,000 , L_____ ! 11. SECOND YEAR'S BUDGET i i I -! The Safe Havens: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation Program) was authorized as a two-year pilot program under the Violence Against Women Act of2000(V A W A 2000)to increase supervised visitation and exchange options for families with a history of domestic violence, child abuse, sexual assault or stalking. The Program was reauthorized in 2005 with the passage of the Violence Against Women and Department of Justice Requthorization Act of 2005 (VA W A 2005). Eligible applicants for the program include states, Indian tribal governments, and units of local government. DIP FORM 4000/2 (REV. 4-88) ___-.J 12 1--- ! By statute, projects funded under the Supervised Visitation Program ffiml demonstrate expertise in the arca of family violence, provide a sliding fee scale for clients, demonstrate adequate security measures, and prescribe standards and protocols by which supervised visitation or safe exchanges will occur. With funding from the FY 2007 Safe Havens: Supervised Visitation and Safe Exchange Grant Program, Collier County, in collaboration with the Collier County Child Advocacy Council, the 12th Judicial Circuit Court, IInd the Shelter for Abused Women and Children, will continue to expand and enhance existing supervised visitation and exchange services for families living in the rural community of Immokalee, Florida. The fiscal agent for this project will be the Collier County government. The Collier County Child Advocacy Council will serve as the lead agency and will provide program management Specific project goals will include: I) providing visitation services to l50 families; 2) implementing services to improve safety for battered women and their children; 3) increasing communication with local courts; and 4) training court personnel on the dynamics of supervised visitation and domestic violence. CA/NCF 13 16022 --1 I ___J ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlPl ,. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 E 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE' Print un pink paper. Attach to original document Origmal documents should be hand ddivered to the Board Office. The completed routing slip and original documents are 10 be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete rouling lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the cxccDtion of the Chairman '5 sio-nature, draw a line thrall!?h routing lines #1 through #4, comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION tThe primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached ,~/-z:::>>,{../ , Phone Number 1--:J-.FJ / Agend Item Number b?2-- Number of Original Documents Attached 3 C.(J~Lf .m~T J. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing sli should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on -:;- U (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. /V; 3. 4. 5. 6. l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05 04-COA-OI047/98 16E2 FREQUENCY RECONFIGURATION AGREEMENT THIS FREQUENCY RECONFIGURATION AGREEMENT (this "Agreement") is made as of this _ day of , 2007 ("Effective Date"), by and between County of Collier, a Florida county ("Incumbent" or "Licensee"), and Nextel South Corp. ("Nextel"), a wholly owned indirect subsidiary of Sprint Nextel Corp., a Kansas corporation (each is referred to in this Agreement as a "Party" and collectively as the "Parties"). RECITALS A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a Report and Order that modified its rules governing the 800 MHz band. The purpose of the Order was to reconfigure the 800 MHz band to minimize harmful interference to public safety radio communications systems in the band ("Reconfiguration"). B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. The August 6, 2004 and December 22, 2004 FCC orders, and any supplemental FCC Orders in the Reconfiguration proceeding or subsequent actions after the date of this Agreement, are collectively referred to as the "Order." C. Pursuant to the Order, Incumbent and Nextel are licensed on frequency allocations subject to Reconfiguration. D. Pursuant to the Order, Nextel will pay Incumbent an amount to effect a Reconfiguration of Incumbent's affected frequency allocations ("Reconfiguration Cost"). Incumbent will certify to the Transition Administrator appointed pursuant to the Order (the "Transition Administrator") that the Reconfiguration Cost is the minimum amount necessary to provide comparable facilities. FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: AGREEMENT 1. Freauencies to be Reconfil!1lred: Incumbent is the licensee under the license( s) granted by the FCC identified in Schedule A (the "Incumbent Licenses") for the operation of certain 800 MHz frequencies at the locations identified on Schedule A (the "Incumbent Frequencies"). Nextel, including its subsidiaries or affiliates, is the licensee under license(s) granted by the FCC (the "Nextel Licenses") for the operation of Specialized Mobile Radio ("SMR") systems on the frequencies and at the locations identified in Schedule B (the "Replacement Frequencies"). Pursuant to the Order, Incumbent must relinquish the Incumbent Frequencies and relocate its system to the Replacement Frequencies. 2. Freauencv Reconfil!1lration Process: (a) On or before the Closing Date (as defined below) (i) Nextel or Incumbent will cause the modification of the Incumbent Licenses to add the Replacement Frequencies or Nextel will cause the creation of a new FCC license for Incumbent that includes the Replacement Frequencies; (ii) Incumbent will cause the assignment of the Incumbent Frequencies to Nextel or will cause the deletion of the Incumbent Frequencies from the Incumbent Licenses following Reconfiguration of Incumbent's system; and (iii) Nextel will cause the modification and/or cancellation of the FCC licenses it holds for the operation of 800 MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet the technical short-spacing requirements of Section 90.621(b) of the FCC's Rules, 47 C.F.R. S 90.621(b), as such rule may be amended from time to time by the FCC. Page 1 of 24 FINAL October 9, 2007 16[2 (b) The Parties agree that Nextel and the Incumbent (as appropriate) will make the FCC assignment filings for the Replacement Frequencies on a future date to be determined by the Parties through mutual agreement, as provided in Section 5. The Parties agree to notify Nextel and the Incumbent (as appropriate) of the FCC assignment filings in accordance with the Notice provision ofthis Agreement. 3. Reconfil!Uration Costs: (a) Acknowledl!ement ofOblil!ations. Incumbent agrees that: (i) the cost estimate set forth in Schedule C (the "Cost Estimate") sets forth all of the work required to reconfigure Incumbent's existing facilities to comparable facilities that will operate on the Replacement Frequencies; (ii) after all of the work contemplated by the Cost Estimate has been performed in accordance with this Agreement and Nextel has paid all amounts required by this Agreement, the Incumbent's reconfigured system shall be deemed for all purposes of the Order to be "comparable" to Incumbent's existing system prior to Reconfiguration, and Nextel shall be deemed to have satisfied its obligations under the Order to pay the cost of relocating Incumbent's system from the Incumbent Frequencies to the Replacement Frequencies. (b) Pavrnent Terms. In order to facilitate the Incumbent's transition to the Replacement Frequencies, Nextel will pay the costs incurred to reconfigure Incumbent's system in an amount not to exceed the Cost Estimate, except as modified pursuant to Section 3(b )(iii) and Section 8, of this Agreement, Nextel will pay the amount of the Cost Estimate in accordance with the payment terms identified on Schedule C and as set forth below for both payments made directly to Incumbent and payments made on behalf of Incumbent directly to each third party service vendor identified on the Cost Estimate ("Vendor"). (i) Prior to the Closing Date, Incumbent will submit to Nextel documentation (including without limitation invoices, receipts, and timesheets or equivalent documentation) demonstrating the actual costs that Incumbent reasonably incurred or paid to other entities to reconfigure Incumbent's system ("Actual Costs"). Upon receipt by Nextel of documentation of the Actual Costs, Nextel and Incumbent will reconcile the Actual Costs against the payments made by Nextel to Incumbent and the Parties will agree upon the amount of any additional payments (subject to Section 8) due to Incumbent or any refunds due to Nextel. The date of receipt by Nextel of the Reconciliation Statement signed by Incumbent and Incumbent's counsel is the "Reconciliation Date." Should the Parties be unable to agree upon the amount of the additional payments, the Parties shall follow the resolution procedures detailed in the FCC Order. (ii) Any additional payments due to Incumbent from Nextel will be disbursed to Incumbent within thirty (30) days of the Reconciliation Date, provided the additional payments do not result from Actual Costs that exceed the Cost Estimate (in which case the provisions of Section 3(b)(iii) of this Agreement will apply). Any refunds due from the Incumbent to Nextel will be made within thirty (30) days ofthe Reconciliation Date. (iii) In the event Incumbent's Actual Costs exceed the Cost Estimate, Incumbent must submit a Change Notice pursuant to Section 8 of this Agreement describing the change in scope of work that resulted in Incumbent's Actual Costs exceeding the Cost Estimate. Approval of any Change Notice will not be automatic but will be processed in accordance with Section 8 of this Agreement. Additional payments due to Incumbent, which result from an excess of Actual Costs over the Cost Estimate, as agreed on the Reconciliation Date, will be disbursed to Incumbent within thirty (30) days of execution by the Parties of the Amendment documenting the approved changes from such Change Notice. Page 2 of 24 FINAL October 9, 2007 16 E 2 1, (iv) Prior to the Closing Date, Nextel will pay on behalf of itself and Incumbent, both Parties' applicable sales and transfer taxes, if any, and all FCC fees in connection with the preparation and filing of the necessary FCC applications for the assignment(s) described in Section 2 of this Agreement. 4. Loaned Reconfilrnration Eouiument. If needed in order to facilitate the Incumbent's transition to the Replacement Frequencies, Nextel will loan any equipment identified in Schedule D as "Loaned Reconfiguration Equipment" and/or will provide any equipment identified in Schedule D as "Replacement Equipment". Nextel will deliver any Loaned Reconfiguration Equipment to Incumbent in accordance with Schedule D. Incumbent will fax to Nextel a bill oflading associated with each shipment of Loaned Reconfiguration Equipment and Replacement Equipment signed by an authorized representative of Incumbent acknowledging receipt of the Loaned Reconfiguration Equipment and/or Replacement Equipment in good working order. Any Loaned Reconfiguration Equipment will be returned to Nextel by Incumbent prior to the Reconciliation Date. 5. Retornn!! Cooueration: For purposes of this Section, the "Current Program Completion Date" shall mean June 26, 2008 or such other date as may be established by the FCC for the completion of the Reconfiguration. The Parties acknowledge that the number of frequencies and locations covered by this Agreement will require the Parties to cooperate closely in performing their respective reconfiguration activities. The Parties agree that: (i) as ofthe Effective Date, the Incumbent may begin the reconfiguration of its subscriber units, in accordance with the appropriate sections of Schedule C and Schedule D, (ii) Incumbent may commence such other activities associated with the reconfiguration of its system as further detailed on Schedule C as of the Effective Date; and (iii) the Parties will agree on a schedule to make the FCC filings, clear the Replacement Frequencies and decommission the Incumbent Frequencies (the "Schedule"). Depending on the timing of the adoption of this Schedule, it may require the submission of a Change Notice in accordance with Section 8 and/or an Amendment to this Agreement, but in any event the Parties agree to adopt the Schedule no later than: (i) sixty (60) days from the Effective Date of this Agreement, or (ii) pursuant to a Schedule agreed upon at a TA scheduled "Implementation Planning Session" that includes the Incumbent's system, provided the Implementation Planning Session has been scheduled by the T A prior to the expiration of 60 days from the Effective Date of this Agreement, or (iii) such other date as the FCC may require. Notwithstanding the aforementioned, in the event the completion date in the Schedule for the reconfiguration of Incumbent's system extends beyond the Current Program Completion Date, the completion date in the Schedule will be subject to FCC approval. If by the end of the Scheduling Period, no agreement on the Schedule has been reached by the Parties, the Parties will jointly seek resolution in accordance with the dispute resolution provisions of the Order, including dispute resolution procedures adopted by the Transition Administrator; as they may be amended from time to time. Nothing in this Section shall prohibit the Incumbent from beginning work immediately on replacement of the subscriber units and/or subscriber software programming. 6. Reuresentations and Warranties: Each Party represents and warrants to the other as follows: (i) it is duly organized, validly existing and in good standing under the laws of the state of its incorporation; (ii) this Agreement has been duly authorized and approved by all required organizational action of the Party; (iii) neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated by this Agreement will conflict with, or result in any material violation or default under, any term of its articles of incorporation, by-laws or other organizational documents or any agreement, mortgage, indenture, license, permit, lease, encumbrance or other instrument, judgment, decree, order, law or regulation by which it is bound; Page 3 of 24 FINAL October 9, 200? 16E2 (iv) it is the lawful and exclusive FCC licensee of its respective license(s) described in this Agreement, such licenses are valid and in good standing with the FCC, and it has the authority to request the FCC to assign, modify or cancel such licenses; (v) there is no pending or threatened action or claim that would have the possible effect of enjoining or preventing the consummation of this Agreement or awarding a third party damages on account of this Agreement; and (vi) to the best of its knowledge, all information provided to the other Party concerning the transactions contemplated by this Agreement is true and complete. All representations and warranties made in this Agreement shall survive the Closing Date (defined below) for two (2) years. 7. Covenants: From the Effective Date until the Closing Date (defined below), each Party will promptly notify the other Party upon becoming aware of any pending or threatened action by the FCC or any other governmental entity or third party to suspend, revoke, terminate or challenge any license described in this Agreement or to investigate the construction, operation or loading of any system authorized under such licenses. From the Effective Date until the Closing Date, Incumbent will not enter into any agreement resulting in, or othClWise cause, the encumbrance of any license for the Incumbent Frequencies, and Nextel will not enter into any agreement resulting in, or othClWise cause, the encumbrance of any of the Replacement Frequencies. 8. Chanees: The Parties acknowledge that as the Reconfiguration of Incumbent's facilities proceeds in accordance with the work contemplated by the Cost Estimate, the need for changes to the scope of such work may arise. The Parties agree that their review of any such needed changes must be performed expeditiously to keep the work on schedule and that they will provide sufficient staff to manage changes. If either Party believes that a change to the work contemplated by the Cost Estimate is required (including changes by Vendors), such Party will promptly notify the other Party in writing. Such written notice (the "Change Notice") shall set forth (i) a description of the scope of the change to the work contemplated by the Cost Estimate believed to be necessary and (ii) an estimate of any increase or decrease in the Cost Estimate and in the time required to reconfigure Incumbent's existing facilities to operate on the Replacement Frequencies. A Party receiving a Change Notice shall immediately perform its own analysis of the need for and scope of the change and its impact on the Cost Estimate and schedule and negotiate the change in good faith with the other Party. After the Parties have agreed upon a change to this Agreement, they shall prepare a proposed amendment to this Agreement pursuant to Section 25 and submit to the Transition Administrator a copy of the proposed amendment together with a written request for its approval. Such request shall be accompanied by reasonable documentation supporting the need for and scope of the change and any proposed increase or decrease in the Cost Estimate and in the time required to reconfigure Incumbent's existing facilities to operate on the Replacement Frequencies. Incumbent is responsible for all unauthorized changes necessary as it relates to work performed by a Vendor on behalf of Incumbent. No change to the Cost Estimate, the work contemplated by the Cost Estimate or the time required to reconfigure Incumbent's existing facilities to operate on the Replacement Frequencies shall become effective until the Transition Administrator has approved the change in writing and both Parties have signed an amendment incorporating such approved change into this Agreement pursuant to Section 25. In this regard, in the event that the Transition Administrator is unable to approve the proposed amendment within ten (10) business days, then the deadline by which the Incumbent must clear all users from the Replacement Frequencies, pursuant to Section 5, will be automatically extended by the number of days beyond ten (10) business days in which the Transition Administrator does not take final action to approve the proposed amendment. Should the Transition Administrator not approve the proposed amendment, either Party may appeal the decision consistent with the FCC Order, in which event the deadline in Section 5 will be extended by the number of days it takes for such appeal to be resolved. Page 4 of 24 FINAL October 9, 2007 16E2 If the Parties are unable to agree on modification of this Agreement consistent with the Change Notice, either Party may request mediation consistent with the FCC Order. Once mediation has been requested, the deadline in Section 5 will be extended by the number of days it takes for all appeals to be resolved. 9. CIosinl!: The closing ("Closing") of the transactions contemplated by this Agreement will take place within thirty (30) days after (i) FCC approval of the assignment of the Incumbent Frequencies to Nextel and/or deletion of the Incumbent Frequencies from the Incumbent Licenses, (ii) FCC approval of the modification to add the Replacement Frequencies to the Incumbent Licenses with no material conditions or the creation of a new license for Incumbent with no material conditions that includes the Replacement Frequencies, (iii) notification by Incumbent to Nextel that the Incumbent Licenses have been cleared of all Incumbent users pursuant to Section 5 of this Agreement, (iv) delivery by Incumbent of all receipts, invoices and other documentation required to substantiate the Actual Cost and signing by Incumbent and Incumbent's counsel and delivery to Nextel of the Reconciliation Statement and other documents required to complete the Reconciliation similar to those identified on Exhibit B, (v) FCC approval of the modification and/or cancellation of the FCC licenses Nextel holds for the operation of 800 MHz frequencies that are co-channels ofthe Replacement Frequencies, to the extent required to meet the technical short-spacing requirements of Section 90.621(b) of the FCC's Rules, 47 C.F.R. ~ 90.62I(b), as such rule may be amended from time to time by the FCC, (vi) the refund to Nextel or payment to Incumbent as described in Section 3(b)(ii), (if applicable) and (vii) the satisfaction of all other conditions specified in this Agreement (the "Closing Date"). 10. Closinl! Conditions: Performance of each Party's Closing obligations is subject to satisfaction of the following conditions (except to the extent expressly waived in writing by the other Party): (a) the continued truth and accuracy of the other Party's representations and warranties set forth in this Agreement; (b) all of the covenants of the other Party described in this Agreement are performed in all material respects; and (c) execution and delivery by the other Party of Closing documents as well as any other Closing instruments and documents either Party or its counsel may reasonably request. Incumbent will execute and deliver to Nextel a closing certification required by the Transition Administrator. (d) The Parties will cooperate in good faith and exercise their reasonable best efforts to finalize and execute these instruments and documents on or prior to the Closing Date in order to effect the Reconfiguration contemplated. II. Review Ril!hts: Incumbent agrees to maintain records and other supporting evidence related to the costs that Incumbent has expended in connection with the Reconfiguration contemplated by this Agreement and that Nextel has paid or will pay to Incumbent pursuant to this Agreement. Incumbent agrees to maintain such records and make them reasonably available to the Transition Administrator for review or reproduction until eighteen (18) months after the date of Incumbent's executed Completion Certification required by this Agreement or for a longer period if Incumbent, for its own purposes, retains such records for a longer period of time. As used in this provision, "records" includes books, documents, accounting procedures and practices and other data regardless of type and regardless of whether such items are in written form, in the form of computer data or in any other form. Nextel shall be responsible for all post-Closing audit expenses of the Incumbent, except those expenses resulting from fraudulent activity on behalf of the Incumbent. To the extent that any post-Closing audit determines that Nextel paid a third-party vendor more than provided for under the FCC Order, Nextel's sole remedy is to seek Page 5 of 24 FINAL October 9, 2007 16E2 reimbursement directly from the third-party vendor, unless such overpayment was the result of fraud or negligence of the Incumbent. 12. Excluded Assets: No Assumption of Liabilities: Nothing in this Agreement should be construed as a transfer or assignment from either Party to the other Party of any assets (including FCC licenses) except as expressly set forth in this Agreement. Other than as expressly provided in this Agreement, neither Party is obligated to assign and transfer to the other Party any asset, tangible or intangible, nor is either Party entitled to assume any asset, tangible or intangible. Neither Party is assuming, nor is either Party responsible for, any liabilities or obligations of the other Party arising out of or in connection with the other Party's licenses (or related systems and facilities) that are the subject of this Agreement. 13. Confidentialitv: (a) The terms of this Agreement and any proprietary, non-public information regarding the Incumbent Frequencies, Replacement Frequencies, Nextel's business and Incumbent's business must be kept confidential by the Parties and their employees, shareholders, agents, attorneys and accountants (collectively, "Agents"), which confidentiality will survive the Closing or termination of this Agreement for a period of two (2) years. The Parties may make disclosures (i) as required by law, (ii) to the Transition Administrator, (iii) to a manufacturer of Replacement Equipment to allow for the provisioning of that equipment to Incumbent (but only to the extent such disclosure specifically relates to that manufacturers equipment as identified on Schedule D); and (iv) to a Vendor (but only to the extent that such disclosure specifically relates to that Vendor's work and costs under this Agreement (as identified on Schedule C) as required to perform obligations under this Agreement. Nextel, Incumbent and their respective Agents may make disclosures regarding the terms of this Agreement to other public safety licensees and their Agents in accordance with the FCC Order, WT Docket No. 02-55, adopted January 8, 2007. Each Party will cause all of its Agents to honor the provisions of this Section. (b) Notwithstanding the provisions of Section 13(a) above, the Parties acknowledge that this contract is subject to Florida Statutes Chapter 119 and nothing in this Agreement shall be deemed to restrict, impair, or burden the Incumbent's and/or its Agents' compliance with the Florida Public Records Law." In accordance therewith, the Parties agree that absent a valid exemption, including status as a "trade secret," Incumbent and its Agents shall allow public access to all documents, papers, letters, or other material subject to Chapter 119 that are made or received by the Incumbent in conjunction with this Agreement. 14. Cooperation: The Parties will cooperate with each other and the Transition Administrator with respect to the Reconfiguration work contemplated by this Agreement. Without limiting the foregoing obligations, the Parties agree to cooperate in the preparation of any applications required to be filed with the FCC, and Incumbent agrees to provide reasonable access to its facilities so that the Transition Administrator may comply with any audit obligations and so any Reconfiguration work contemplated by this Agreement may be performed in accordance with the Cost Estimate and performance schedule. If a Party is subject to a denial of FCC benefits for delinquent non-tax debts owed to the FCC that would prevent or delay the timely processing of any FCC applications, such Party shall cure such delinquency in an expeditious manner and at its sole expense. 15. Indemnification: From and after the Closing Date, each Party (the "Indemnifying Party") will indemnify and defend the other Party, its officers, directors, employees and agents (collectively, the "Indemnified Party"), from and against all third party demands, claims, actions, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and expenses (collectively, "Costs"), asserted against, imposed upon or incurred by the Indemnified Party arising from Page 6 of 24 FINAL October 9, 2007 16 r': '-> c. or related to: (i) any breach of any covenant, agreement, representation or warranty of the Indemnifying Party contained in, or made pursuant to, this Agreement; or (ii) any and all liabilities (including successor liabilities) or obligations relating to periods prior to the Closing Date resulting from the Indemnifying Party's operation of the system operated pursuant to the Incumbent Licenses or the Nextel Licenses, as applicable, or the ownership or use of those licenses or from the Indemnifying Party's employment, or termination of employment, of its employees. The obligations under this Section survive the Closing for a period of three (3) years. 16. DisDutes: The Parties agree that any dispute related to the Replacement Frequencies, Nexte1's obligation to pay any cost of the Reconfiguration of Incumbent's system contemplated by this Agreement, or the comparability of Incumbent's reconfigured system to Incumbent's existing system prior to Reconfiguration, which is not resolved by mutual agreement, shall be resolved in accordance with the dispute resolution provisions of the Order, including the dispute resolution procedures adopted by the Transition Administrator, as they may be amended from time to time. 17. No Gratuities: No gift, gratuity, credit, thing of value or compensation of any kind shall be offered or provided by Incumbent, directly or indirectly, to any officer, employee or official of either Party for the purpose of improperly obtaining or rewarding favorable treatment under this Agreement. 18. Liens: If any liens or security interests attach to any of Incumbent's facilities in favor of any vendor or service provider that is perfonning any Reconfiguration work contemplated by this Agreement as a result of Nexte1's breach of any obligation to make direct payment (not in dispute) to such vendor or services provider, Nextel upon receipt of Notice from Incumbent will cooperate to remove any Liens. 19. Vendor Performance Issues: Incumbent will select and contract directly with any vendor or service provider perfonning work required to reconfigure the Incumbent's existing facilities to operate on the Replacement Frequencies. Neither the Transition Administrator nor Nextel will be responsible for, or assume the risk of any failure of that Vendor to perform its obligations under any contract entered into between Incumbent and such Vendor in connection with the Reconfiguration contemplated by this Agreement. 20. ReDlaced and ReDlacement EauiDment: (a) If the reconfiguration of the Incumbent's existing facilities to operate on the Replacement Frequencies involves the replacement of any of Incumbent's existing equipment ("Replaced Equipment") with equipment provided by Nextel (as identified on Schedule D) or equipment the cost of which is being paid by Nextel pursuant to this Agreement as listed in Schedule C (collectively the "Replacement Equipment"), then (i) title to Replaced Equipment listed in Schedule D shall pass free and clear of liens and any other encumbrances to Nextel at such time that Incumbent delivers the Replaced Equipment to Nextel's designated shipping agent, and Incumbent shall execute such documentation as Nextel may reasonably request to transfer title to Nextel, (ii) title to Replacement Equipment provided by Nextel will pass to Incumbent at Closing and Nextel shall execute such documentation as Incumbent may reasonably request to transfer title to Incumbent free and clear ofliens, and (iii) Incumbent shall deliver the Replaced Equipment to Nextel at Nextel's cost, pursuant to Nextel's shipment instructions, and prior to the Reconciliation Date. (b) If Incumbent fails to return any item of the Replaced Equipment to Nextel, Incumbent must return to Nextel those items of the Replacement Equipment that would have replaced the Replaced Equipment not returned, prior to the Reconciliation Date. If Incumbent fails to return any item of the Replaced Equipment to Nextel under this Section 20(b) and a Product Typical Value is set forth in Schedule E for the item of Replacement Equipment then either: (i) Nextel will deduct the Product Typical Value (as set forth in Schedule E) for those items of Replacement Equipment provided to replace the Replaced Page 7 of 24 FINAL October 9, 2007 16E2 Equipment not returned to Nextel (including tax (if any) and shipping) (the "Nextel Equipment Refund") from the [mal payment due to Incumbent after the Reconciliation; (ii) Incumbent must pay Nextel the Nextel Equipment Refund for those items of Replacement Equipment not returned to Nextel in accordance with Section 3(b)(ii) (ifno final payment is due to Incumbent); or (iii) Nextel will deduct the portion of the Nextel Equipment Refund up to the value of the final payment due to Incumbent and Incumbent must pay Nextel the remaining Nextel Equipment Refund not covered by the final payment in accordance with Section 3(b )(ii) (If the final payment due Incumbent is less than the Nextel Equipment Refund), or (iv) Incumbent may choose to purchase Comparable Equipment, defined below, from any source and send the equipment, along with adequate documentation, to Nextel prior to the Reconciliation Date. Comparable Equipment, shall mean equipment of the same condition (e.g., new for new or used for used) and from the same manufacturer, that is the identical model and includes the same options and accessories as the Replacement Equipment provided by Nextel. 21. Termination: This Agreement may be terminated and the transactions contemplated by this Agreement abandoned: (i) by mutual consent of the Parties provided in writing; (ii) for cause by either Party upon material breach of the other Party, following a thirty (30) day period for cure by the breaching Party following written notice of the breach; (iii) by Incumbent, in the event that a proposed amendment is not approved, pursuant to Section 8; or (iv) by Nextel prior to Closing in the event of any Adverse Decision affecting the Order by any governmental entity of competent jurisdiction. For purposes of this Agreement, an "Adverse Decision affecting the Order" means an order, decree, opinion, report or any other form of decision by a governmental entity of competent jurisdiction that results, in whole or part, in a stay, remand, or reversal of the Order, or otherwise in any revision to the Order that Nextel determines, in its sole discretion, to be adverse to its interests. In the event of ternrination, the Parties shall take all necessary action (including preparing and filing FCC documents) to return the status quo ante on the date of this Agreement. In the event of ternrination, Nextel shall pay all costs associated with the return to the status quo ante, as well as all Incumbent costs expended in the Agreement negotiations and implementation, except if such ternrination was due to an uncured material breach by Incumbent. Should Incumbent ternrinate this Agreement pursuant to subsection (ill), Incumbent shall not be released of its obligations under the Order. 22. Attornev's Fees: In any legal proceeding by a Party to enforce its rights under this Agreement against the other Party, the Party prevailing in such proceeding will be entitled to recover its reasonable attorney's fees and costs from the other Party. 23. Notices: All notices and other communications under this Agreement must be in writing and will be deemed given (i) the same day if delivered personally or sent by facsimile; (ii) the next business day if sent by overnight delivery via a reliable express delivery service; or (iii) after five (5) business days if sent by certified mail, return receipt requested, postage prepaid. All notices are to be delivered to the Parties at the following addresses: If to Incumbent, to: If to Nextel, to: Nextel South Corp., Inc. c/o Nextel Communications, Inc. 200 I Edmund Halley Drive Reston, VA 20191 Attn: Heather P. Brown, Esq. Phone: (703) 433-4000 Fax: (703) 433-4483 Collier County Collier County Information Technology Department 3301 Tamiami Trail East Naples, FI 34112 Attn: John Daly Phone: 239-732-2531 Page 8 of 24 FINAL October 9, ZOO? 16[2 With a copy that shall not constitute Notice: With a copy that shall not constitute Notice: Alan S. Tilles, Esquire Shulman Rogers Gandal Pordy & Ecker, P.A. 11921 Rockville Pike, Third Floor Rockville, Maryland 20852 Phone: (301) 231-0930 Fax: (301) 230-2891 Nextel Communications, Inc. 6575 The Comers Parkway Norcross, GA 30092 Attn: William Jenkins, VP Spectrum Resources Phone: (770) 326-7484 Fax: (678)405-8252 24. Assi!mment: This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and pennitted assigns. Either Party may assign this Agreement to any direct or indirect subsidiary or affiliate of the Party, upon delivery of written notice to the other Party. 25. Amendments: This Agreement, including without limitation the scope of work contemplated hereby and the Estimated Cost thereof to be paid by Nextel, may be amended or modified only by a written instrument signed by authorized representatives of both Parties, provided. however, no amendment or modification to this Agreement shall become effective until approved by the Transition Administrator, or the FCC after an adverse decision by the Transition Administrator. 26. Benefits: This Agreement is for the benefit of the Parties and their successors and pennitted assigns, and nothing in this Agreement gives or should be construed to give any legal or equitable rights under this Agreement to any person or entity, other than (i) the successors and assigns of the Parties, and (ii) the Transition Administrator as specifically provided in this Agreement. 27. Miscellaneous: If any provision(s) of this Agreement is held in whole or part, to be invalid, void or unlawful by any administrative agency or court of competent jurisdiction, then such provision(s) will be deemed severable from the remainder of this Agreement, will in no way affect, impair or invalidate any other provision contained in the Agreement and the Parties will use their commercially reasonable efforts to amend this Agreement to make the unlawful provision compliant with applicable law so as to preserve the rights and obligations of the Parties. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement, together with the Schedules, constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. This Agreement is governed by the laws of the State of Florida without regard to conflicts of law principles thereof. This Agreement may be executed in one or more countCl}larts, including by facsimile, which will be effective as original agreements of the Parties executing the counterpart. In consideration of the mutual consideration set forth herein, this Agreement is effective as a legally binding agreement between the Parties upon execution by the Parties. Page 9 of 24 FINAL October 9,2007 16[2 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE COLLIER COUNTY: DATED: /(.1-5 -oj ACI~"fP'" . ~c.~"7~.~t tY Clerk '::.' . . ',~' . ,,'''' ~ttfl.t 'kto Ci'14 ln1dn ~ ., jgl14tU.'"OJ ')l11. . I' AS TO NEXTEL: DATED: y~~ ~ 4vy: (pnn e ~ v WI Approved as to fonn and legal sufficiency: ~c~ Assistant County Alto ey FINAL October 9, 2007 BY: J NEXTEL Nextel South Corp ~y: rAA Name: WILL1AM M JENKINS AUffiORlZED SIGNATORY Title: Page 10 of 24 Item # lieF d--.. ~;~'da lti9L 6l- ~:,e II )~(A ~~~ .-----~._~.'_~- ""li " , - SCHEDULE A Incumbent Frequencies Incumbent Name: Collier. County of Incumbent Assigns to Nextel: CALLSIGN Frequencies Licensee Location #of Expiration Date Lat Long Frequencies (N) (W) WQGV527 866.0125 COLLIER, OCHOPEE, FL 2 10/23/2007 26' 81'4' COUNTY OF 10' 57.3' 8.3' W N WQGV527 867.5125 COLLIER, OCHOPEE, FL 2 10/23/2007 26' 81' 4' COUNTY OF 10' 57.3' 8.3' W N WQGV528 866.0125 COLLIER, CARNESTOWN, 4 10/23/2007 25' 81' COUNTY OF FL 54' 21' 36.4' 49.3' N W WQGV528 866.0125 COLLIER, NAPLES, FL 4 10/23/2007 26' 81' COUNTY OF 13' 46' 33.3' 45.3' N W WQGV528 866.0125 COLLIER, MARCO 4 10/23/2007 25' 81' COUNTY OF ISLAND, FL 55' 43' 28.4' 43.3' N W WQGV528 866.0125 COLLIER, NAPLES, FL 4 10/23/2007 26' 81' COUNTY OF 10' 34' 59' 29'W N WQGV528 866.0125 COLLIER, NAPLES, FL 4 10/23/2007 26' 81' COUNTY OF 7' 43' 34' 36'W N WQGV528 866.0125 COLLIER, Imrnokalee, FL 4 10/23/2007 26' 81' COUNTY OF 23' 24' 42.2' 46.2' N W WQGV528 867.0125 COLLIER, Immokalee, FL 4 10/23/2007 26' 81' COUNTY OF 23' 24' 42.2' 46.2' N W WQGV528 867.5125 COLLIER, NAPLES, FL 4 10/23/2007 26' 81' COUNTY OF 13' 46' 33.3' 45.3' N W WQGV528 867.5125 COLLIER, MARCO 4 10/23/2007 25' 81' COUNTY OF ISLAND, FL 55' 43' 28.4' 43.3' N W Page 11 of 24 FINAL October 9, 2007 1t .>> ~e- 'J:~ :#",- iloo \.-,:' ,..""" .- j' :,' .,f'!'-" '<-"". WQGV528 867.5125 COLLIER, NAPLES, FL 4 10/23/2007 26' 81' COUNTY OF 7' 43' 34' 36'W N WQGV528 867.5125 COLLIER, NAPLES, FL 4 10/23/2007 26' 81' COUNTY OF 10' 34' 59' 29'W N WQGV528 868.0125 COLLIER, CARNESTOWN, 4 10/23/2007 25' 81' COUNTY OF FL 54' 21' 36.4' 49.3' N W Page 12 of 24 FINAL October 9, 2007 16E2 SCHEDULE B Replacement Frequencies Incumbent Name: Collier. County of Nextel Assigns to Incumbent: Replacement Lat (N) Long ERP Grnd Ant New Location Assign to Channels (W) (w) Elev. Hgt. Licensee Callsign (ft) (ft) 851.0125 26' 7' 34 81'43' 198 10ft. 256ft. COLLIER, NAPLES, FL WQGV528 N 36W COUNTY OF 851.0125 26' 10' 8.3 81'4' 500 10ft. 194ft. COLLIER, OCHOPEE, FL WQGV527 N 57.3W COUNTY OF 851.0125 26' 10' 59 81' 34' 493 13 ft. 299ft. COLLIER, NAPLES, FL WQGV528 N 29W COUNTY OF 851.0125 26' 13' 81'46' 201 10 ft. 249ft. COLLIER, NAPLES, FL WQGV528 33.3N 45.3W COUNTY OF 851.0125 26'23' 81' 24' 221 25 ft. 295 ft. COLLIER, IMMOKALEE, FL WQGV528 42.2 N 46.2W COUNTY OF 851.0125 25' 54' 81'21' 500 8 ft. 249ft. COLLIER, CARNESTOWN, WQGV528 36.4N 49.3W COUNTY FL OF 851.0125 25' 55' 81'43' 290 Oft. 141 ft. COLLIER, MARCO WQGV528 28.4 N 43.3 W COUNTY ISLAND, FL OF 852.0125 26' 23' 81'24' 221 25 ft. 295 ft. COLLIER, IMMOKALEE, FL WQGV528 42.2N 46.2W COUNTY OF 852.5125 26' 7' 34 81'43' 198 lOft. 256ft. COLLIER, NAPLES, FL WQGV528 N 36W COUNTY OF 852.5125 26' 10' 8.3 81'4' 500 10ft. 194ft. COLLIER, OCHOPEE, FL WQGV527 N 57.3W COUNTY OF 852.5125 26' 10' 59 81' 34' 493 13 ft. 299ft. COLLIER, NAPLES, FL WQGV528 N 29W COUNTY OF 852.5125 26' 13' 81'46' 201 10 ft. 249ft. COLLIER, NAPLES, FL WQGV528 33.3 N 45.3W COUNTY OF 852.5125 25' 55' 81' 43' 290 Oft. 141 ft. COLLIER, MARCO WQGV528 28.4 N 43.3W COUNTY ISLAND, FL OF 853.0125 25' 54' 81' 21' 500 8 ft. 249ft. COLLIER, CARNESTOWN, WQGV528 36.4N 49.3W COUNTY FL OF Page 13 of 24 FINAL October 9, 2007 SCHEDULE C 800 MHZ RECONFIGURATION 16[2 COST ESTIMATE - CERTIFIED REQUEST Incumbent's Name: Collier, County of Request for Reconfilrnration Fundinl! Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests Nextel to fund the estimated reconfiguration costs included below: Incumbent Payment Terms: Nextel will pay Incumbent an amount not to exceed the Estimated Cost(s) for Incumbent with respect to each category of work, as set forth below. Nextel will pay Incumbent Eighty Thousand Nine Hundred Thirty-Seven and 50/100 Dollars ($80.937.50) within IS days (30 days if Incumbent elects to be paid by check rather than electronic funds transfer) after receipt by Sprint Nextel of the fully executed Agreement and fully completed Incumbent Information Form (as set forth on Exhibit A). Nextel will pay any outstanding balance of the Actual Costs due to Incumbent within 30 days after the Reconciliation Vendor Payment Terms: Sprint Nextel will pay each Vendor an amount not to exceed the Estimated Cost(s) for that Vendor with respect to each category of work, as set forth below. Sprint Nextel will pay each Vendor within 30 days after receipt by Sprint Nextel of (A) an invoice from the Vendor and (B) Incumbent's approval of receipt of goods and services and approval of associated costs included on the Vendor invoice. 1. Svstem Description: Collier County operates a 15-channel, six-site 800 MHz Simulcast System, and four stand alone multi-sites. The system supports approximately 5800 subscriber units. The maior svstem elements to be reconfilrnred are summarized in the table below: Base station uencies - Voice channels - Home/Control channels R eater sites Other sites remote recv, BDA Subscriber units retuned Subscriber units r ro ammed Subscriber units r laced Entities operating on the s stem 7 7 5800 5800 338 338 Page 14 of 24 FINAL October 9, 2007 16[2 2. Reconfil!Uration Milestones: Reconfigure Subscriber 90 E ui ment Reconfigure Infrastructure 90 ui ment 3. Implementation Plan: There is not Planning Funding Agreement for this transaction. 4. Cost Estimate: Description of Work To Be Performed Payee (separately identify Estimated Cost( s) for Incumbent and each Vendor Incumbent and each Vendor being paid for work (Not to exceed listed performed) amounO J. Subscriber Equipment Reconfiguration [VENDOR] $993,910 lstnrol!T8lll111ine: Communications 5800 MIA Com radios retuned ($55/radio) - International, Inc. $319,000 4450 US Hwy I Vero Beach, FL 32967 320 removal and install of mobile equipment and reconfiguration of control stations ($400 per unit) - $128,000 50 hours travel on location to various fixed equipment (control stations, etc) locations ($82.501hr) - $4125 384 hours travel to customer location (6 men, 16 trips, 4 hours, $82.501hr) - $31,680 240 days per diem for technicians at customer location for subscriber programming (6 men, 40 days each, $225/day) - $54,000 2nd nroe:rammine: 5800 MIA Com radios retuned ($55/radio) - $319,000 50 hours travel on location to various fixed equipment (control statious, etc) locations ($82.501hr) - $4125 384 hours travel to customer location (6 men, 16 trips, 4 hours, $82.501hr) - $31,680 240 days per diem for technicians at,~~stomer location for subscriber oro in2 , 6 men, Page 15 of 24 FINAL October 9, 2007 1~E2 40 days each, $225/day) - $54,000 483 hours subscriber project management ($IOO/hr) - $48,300 II. Infrastructure Equipment Reconfiguration [VENDOR] $28,410 Communications 14 Mastr III repeaters retuned ($ I 65/each) - International, Inc. $2310 4450 US Hwy I Vero Beach, FL 32967 14 combiners retuned ($330/each) - $4620 24 hours travel to customer location (3 men, 2 trips, 4 hours, $82.50/hr) - $1980 12 days per diem for technicians working on infrastructure programming (3 men, 4 days each, $225/day) - $2700 168 hours infrastructure project management ($100/hr) - $16,800 III. Engineering and Other Vendor Costs [VENDOR] $66,050 Communications 104 hours project management during planning International, Inc. ($IOO/hr) - $10,400 4450 US Hwy I Vero Beach, FL 32967 24 hours engineering during planning ($120/hr) - $2880 24,240 estimated mileage ($0.50/mile)- $12,120 . I ~ programming travel to location (3 trucks, 16 trips, 220 miles) - 10,560 miles . I" programming travel on location (900 miles) . 2"" programming travel to location (3 trucks, 16 trips, 220 miles) - 10,560 miles . 2nd programming travel on location (900 miles) . Infrastructure retuning (3 trucks, 2 trips, 220 miles) - 1320 miles 20 hours other general project management ($100/hr) - $2000 5% Contingency (approximately 5% of the value of the services being provided) - $38,650 IV. Contracts and Legal [VENDOR] $13,725 Shulman, Rogers, Gandal, Legal Fees, Contract negotiations, Review of Pordy & Ecker, P A contract and Closing documents (25 hours @ 11921 Rockville Pike, 3'" Floor Page 16 of 24 FINAL October 9, 2007 16f2 not to exceed $400/hr) - $10,000 Rockville, MD 20852 301-231-0930 FCC Regulatory Filings, 2 sets of applications, Consummation Notices, Rebanding deadline notices and deadline coordination (17 hours @ $175 perhr) - $2975 Review Of Closinl! Documents - $750 V. Incumbent Costs [INCUMBENT] $161,875 Collier County, FL 255 hours project management, planning, PO BOX 413016 negotiations, vendor support ($45/hr) - Naples, FL 34101-3016 $11,475 300 hours asset management and personnel downtime for replacement radios (300 units, I hour/unit, $18/hr) - $5400 5800 hours asset management and personnel downtime during retuning (5800 units, 2 programmings/unit, 0.5 hours/programming, $25/hr) - $145,000 T otaI Estimated Costs $1,263,970 Certification Pursuant to the Order, Incumbent hereby certifies to the Transition Administrator appointed pursuant to the Order that the funds requested above are the minimum necessary to provide Incumbent reconfigured facilities comparable to those presently in use. If applicable, Incumbent further certifies, to the best of Incumbent's knowledge, that any vendor costs listed on Schedule C are comparable to costs that vendor previously charged Incumbent for similar work. Signature: Print Name: Title: Phone Number: E-mail Date: ~ ./? t?~. ?/ JV~ v: ';>,;I-L.-j;. f~UC<:>>n#1 uv,~:?'7~..5 ~~4lt:.6L 2...? <;..?f2--t....5 J/ ,/(Yk/v;),tl '-v a- c.~c:..'-/I/><Z (i..ff';/4/~r- d-/ ~-c77 Page 17 of 24 FINAL October 9, ZOO7 It ~ "'1'0''''''1 ~." SCHEDULE D Replacement Equipment (to be provided by Nextel) Ouantitv Manufacturer Descrintion Model Number NewlUsed 10 MIA-Com P5150 Portable Radio MAHM-S8DXX New 10 MIA-Com ANTENNA, 806-870 MHZ, WHIP<IS> MAHM-NCIK New 20 MIA-Com BATTERY, NIMH, EXTRA HIGH MAHM-PA7Y New CAPACITY, SPARE<IS> 10 MIA-Com BELT CLIP, METAL<IS> MAHM-HC7P New 10 MIA-Com CHARGER, DESK, RAPID, 120/230 MAHM-CH9E New VAC 328 MIA-Com M7100 Mobile Radio MAHG-S8MXX New 328 MIA-Com FEATURE PACKAGE, EDACS MAHG-ED New TRUNKING OPERA nON (includes Conventional oneration) 328 MIA-Com CONTROL UNIT, SCAN, FRONT MAHG-CP7U New MOUNT 299 MIA-Com MICROPHONE, MOBILE MAHG-MC7T New 299 MIA-Com KIT, ACCESSORY, FRONT MOUNT, MAHG-ZN5W New SOW TIC AND BELOW 29 MIA-Com MICROPHONE, DESK MAHG-MC5A New 29 MIA-Com DESKTOP BASE, TONE REMOTE, DSDX04 New LOCAL CONTROL Replaced Equipment (to be delivered to Nextel prior to the Reconciliation Date) Ouantitv Manufacturer Descrintion Model Number 10 MIA-Com E300P Portable Radio E300P Scan 10 MIA-Com Antennas 20 MIA-Com Batteries 10 MIA-Com Charo:ers 10 MIA-Com Belt Clips 299 MIA-Com MDX Mobile Radio (each with mic and control MDX Scan head) 29 MIA-Com MDX Control Stations (each with mic and control MDX Scan head) Page 18 of 24 FINAL October 9, 2007 16f2 SCHEDULE E Product Typical Values The Product Typical Values for Replacement Equipment shall be: a. for Replacement Equipment set forth on Schedule C, the cost shown on Schedule C for the item of Replacement Equipment; or b. for Replacement Equipment comprising M/ A-COM subscriber radios, options and accessories, the most recent price list as of the date a reconciliation statement is sent to Incumbent by Nextelless 15%. In lieu of paying the Product Typical Value as stated above, Incumbent may choose to purchase Comparable Equipment, defined below, from any source and send the equipment, along with adequate documentation, to Nextel prior to the Reconciliation Date. Comparable Equipment, shall mean equipment of the same condition (e.g., new for new or used for used) and from the same manufacturer, that is the identical model and includes the same options and accessories as the Replacement Equipment provided by Nextel. Page 19 of 24 FINAL October 9, 200? 16[2 EXHIBIT A Incumbent Information The following questions are required for processing Electronic Funds Transfers and if Incumbent wants Nextel to complete the FCC fdings on its behalf. All information contained herein shall be kept strictly confidential and will be used only in completion of the Frequency Reconfiguration transaction. I. INCUMBENT INFORMATION Please provide the following itifonnation: Company/Name: CO( c-/~k! c~~ -5<7",.,e,rJo/'- eo-.-n..rJ/5I/C'Xd"eJ Contact: JC/./?/1-.- P-?"-y Title: ;J7tfL~=.r.u"C/~/C#77v><--J.-??p..e. Address: 3/<// ./7:Jh-;;/6/Y>?; ,ne#-/c..- &F-4J~ City/State/Zip: ~,;of?<?t-,t'J. rL- j'y//l-- Phone: J-. 3 5~2- f- '- -).--5.1/ Fax: J-i :; - 2-5-2--- 6' /tJ' 5 If not identified in the contract, please provide the following: If Incumbent is a Partnership, please provide name, address and phone numbers of all other partners: Name: Address: Name: Address: City/State/Zip: Phone: City/State/Zip: Phone: IL BANK ACCOUNT INFORMATION (Required for payment via electronic funds transfer.) Name of Bank: Address of Bank: City/State/Zip: Bank Phone #: ABA (Routing #): Account #: Name on Account: Federal, State or Individual SS #: Name of Brokerage Firm (if applicable): Brokerage Account # (if applicable): In the event Incumbent will not provide information for electronic funds transfer, Incumbent acknowledges that all payments made by check will be mailed within thirty (30) days of the date of performance required by Incumbent (for each payment) as stipulated in the Agreement. Acknowledged by Incumbent: required only if Incumbent ~~ an electronic funds transfer) '777 (signature Page 20 of 24 FINAL October 9, 2007 16[2 IlL TAX INFORMATION The Internal Revenue Service and state tax authorities require N extel to report all transactions, even if the transaction is exempt from taxation (if so, it will be reported to the IRS as a like-kind exchange). Therefore, it is necessary for Nextel to collect the infonnation below. If you have specific questions about your tax implications in this transaction, you should consult your own accountant or financial advisor. Incumbent's Federal, State or Individual Tax ill #, FEIN (Federal) or SSN (individuals): -3-'}-( C/ov,FrJ"- State(s) - sales tax license, resale permit, employment, etc.): ,/-'- fl!l-;i. 6m/frvOr J'y-f'c/U2- /J"JoC-2- Local (if applicable): Current State and County location for your principal executive office: rLo--e ;,I)&' L(7L- t-/b2.Lo~ If there has been more than one location for the principal executive office within the past five (5) years, list each such City/County/State location: IV. REGULATORY INFORMATION Would you like Nextel's Regulatory department to prepare and file all necessary FCC paperwork on your behalf! Yes / No If yes, please provide the following Universal Licensing System ("ULS") infonnation for your licenses: If no, please provide the following information regard who will take care of the preparation and filing of all necessary FCC paperwork on your behalf: FRN (FCC Registration Number): Contact Name: /fL~~# L 6' /n/'4 Organization:5h-"L,..,~--evc~.J C-~y~ .P./'C7 6. C-,b-A< Address: .I / <; t-) A oC--<=-,v/ c-~ '/?/pL City: ;f 0 ex ,r/t-~ ULSPASSWORD: Contact Representative for any FCC related issues: Name: State/Zip: p'?70 2.O.J-t>~ Phone Number: Phone Number3 0' /'- )... 3 ro5 L---~ EmaiIAddress:/'8/-V~ y/o:-",J/-. c<>'..... Page 21 of 24 FINAL October 9, 2007 16[2 I hereby acknowledge that all of the information provided herein is true and correct as of the date signed below. Incumbent Signature: ~ p~ .~~ Print Name: (/C/I'7--- /J1r'- f, ~ Title: fi c...c Corn.#' (/~/~ 'cH--J /"J/JY>,4v4C" Date: //-/ Y-C7 , Page 22 of 24 ANAL October 9, 2007 16E2 EXHIBIT Bl Reconciliation Documentation Certification of Labor Rates Incumbent hereby certifies that the information provided herewith for the Frequency Reconfiguration Agreement dated with Nextel (nFRAn) is true and complete to the best of Incumbent's knowledge. Incumbent further certifies that the reimbursed rate/s listed in the attached invoice(s), if any, have been determined in accordance with the TA's policy on Incumbent Labor Rates as documented at httn://www.800ta.org/content/PDF/policv/IncumbentLaborRatePolicv.odf as of the date of this statement. The Incumbent acknowledges that all costs incurred and/or charged by Incumbent, if any, are subject to the Review Rights (as that term is defined in the FRA with Nextel) of the T A. Incumbent agrees to the foregoing calculations (without changes) in accordance with the terms of the FRA. Incumbent Name: Related Invoice #'s: Signature: Name: Title: Date: Page 23 of 24 FINAL October 9, 2007 it ' . ~":' 1(':") i'" '.-j! ~ ~ EXHIBIT B2 INCUMBENT INTERNAL REBANDING COSTS Pursuant to the Frequency Relocation Agreement made the _ day of , 2007 by and between Incumbent Name and Nextel Name, I, ("Incumbent") verifY and acknowledge that all goods/services identified in Schedule C for completion by the Incumbent and referenced below have been performed. Description of Work Done Mobile/Portable Radios Retunes Re aters Retuned Combiners Retuned Install, verifY operation & remove tern ora e ui ment Field service preplanning support, Frequency Review, Develop Transition Plan, Testin Project Management, SOW Preparation, Cost Estimates, Contract Negotiations, Engineering Support and preplanning meeting, transition planning, coordination of ersonnel Engineering non-labor travel costs (Travel to/from, rental car, hotel) Other Hours or Units com leted xxx Cost per Hour or Unit $$ Total Cost $xxx.xx xxx. xx $xxx,xx xxx. xx $xxx,xx $xxx.xx xxx,xx xxx.xx By: Name: Title: Phone Number: Date: TOTAL $xxx.xx FINAL October 9, 2007 Page 24 of 24 n /,,- "7' ~... i; /.? ,-" - '. ;:i, t MEMORANDUM Date: October IS, 2007 To: Lyn Wood, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Annual Contract for General Contractors Services Contract: Agreement # 06-3971 S Enclosed are three (3) original contract documents, as referenced above, Agenda Item #16E3) approved (ratified) by the Board of County Commissioners on Tuesday, October 9, 2007. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures (3) =';1 , .;;..;, l.~ ,#I ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: () 7~ 'PRe. -OtJ '16.3 DO NOT WRITE ABOVE THIS LINE ....,,) {,-:-'", ',:.,:;> --0 ;~~? REQUEST FOR LEGAL SERVICES - 't,~ r, Date: October 9, 2007 To: Office of the County Attorney Attention: Robert Zachary From: Lyn M. Wood, CP.M., Contract Specialist J 1 _ , Purchasing Department, Extension 2667 (~r- Re: Contract: 06-3971 S "Annual Contract for General Contractors Services" Contractor: Brooks & Freund, LLC BACKGROUND OF REQUEST: This contract was approved by the BCC on October 9, 2007, Agenda Item 16.E.3 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. lo(m(ol- ~ ~TfJ--T~~' ~ ?0-aJ~~~~'&' ~~ WJ ,J;1uJ-i%v-J~'-6 tC. C: Damon Gonzales, Facilities Mgmt. c..... (Z.J\fZ 1 C z..,O Iv.1 16E3 MEMORANDUM TO: FROM: Wayne Fiyalko Risk Management Department Lyn M. Wood, C.P.M., Contract 8pecialistjJ Purchasing Department ).\~ October 9, 2007 DATE: RE: Review Insurance for Contract 06-39718 "Annual Contract for General Contractors Services" Contractor: Brooks & Freund, LLC This Contract was approved by the BCC on October 9, 2007, Agenda Item 16.E.3 Please review the Insurance Certificates for the above referenced contract and the attached letter. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. \.6 l L c Lc:>, K'1.&.(Q ~, ~A"~ ~~~rL DATE RECEIVED OCT - 9 ~007 RISK MANAGEMENT dod/LMW C: Damon Gonzales, Facilities Mgmt. A G R E E MEN T No. 06-3971 S For Annual Contract for General Contractors Services THIS AGREEMENT is made and entered into this (') t I, day of (:Jci l in ",,- , 2007, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Brooks & Freund, LLC, authorized to do business in the State of Florida, whose business address is 5661 Independence Circle, Suite #1, Ft. Myers, Florida 33912 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a period commencing on September 12, 2007 and terminating on September 11, 2008, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have two (2), one (1) year renewals, renewable annually. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, 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 Board of County Commissioners deemed an additional five (5) firms to be pre-qualified and awarded a Contract to each firm under a supplemental Request for Proposals. Each awardee will enter into an Agreement to provide for complete construction services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of supplemental RFP No. 06-3971 S and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) of the nine (9) selected firms on a rotating basis, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director, to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) to One Hundred Fifty Thousand Dollars ($150,000), competitive quotes shall be solicited from all of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director, to initiate the projects. For projects with an estimated cost over One Hundred Fifty Thousand Dollars ($150,000) to Two Hundred Fifty Thousand ($250,000), competitive quotations shall be solicited from all nine (9) of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions and issue a numbered Work Order, signed by the Division Administrator, to initiate the projects. Page -1- 16 >,' In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Construction services shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) for any one (1) project, and projects in excess of this amount will go out for formal competition. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Donald E. Brooks, Managing Partner Brooks & Freund, LLC 5661 Independence Circle, Suite #1 Ft. Myers, Florida 33912 Fax: 239-939-5117 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department Attention: Stephen Y. Carnell Director of Purchasing and General Services 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-252-6584 SteveCarnell@colliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Page -2- 16 ,'" 7- ,., ~, L." I:;JI.. 1'1 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 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. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 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 30 days prior to any expiration date. There shall be a thirty (30) day Page -3- 16 E3 notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Consultant or Consultant 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 Consultant or Consultant or anyone employed or utilized by the Consultant or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, loses its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first pay application, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be Page -4- '" '" ....."3 10 ~. completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the Page -5- -- 'to- ~. ~i' ~"'SJ: II ~ " , :,1 c;.:.:.l......J """" ~ requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. Page -6- 1', E'. 1".. 3 ..'\:" .' ~,- 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Page -7- r:: Ii I. h J-~ \.J' =- Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. Page -8- 16 E 3 HI 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 06-3971 S, Exhibit A, Public Payment Bond; Exhibit A-2, Public Performance Bond; Exhibit B, Release and Affidavit Form; Exhibit C, Form of Contract Application for Payment; Exhibit D, Change Order; Exhibit E, Certificate of Substantial Completion; Exhibit F, Certificate of Final Completion; and Exhibit G, Warranty. 31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 32. 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. 33. 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. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 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. 35. 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. 36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. Page -9- 16[.3 'j" 37. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 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. ~ '''\~J . !:.':: '~Pl) ATTEST..'''...." . ....' " '"'\" ,) " ' Dwi ht E. B'rock,:Clerk of~ourts . c? ..'," ., i' By: Dated: i~tuut Qi ~.I~~ lNIh , \ '-/ Second Witness DMl tU L rLLV(\ef' Type/Print Witness Name Approved as to form and 1'9'~ ~ /' Assis ant nty Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA By: Jam Contractor Brooks & Freund, LLC By: Donald E Brooks Typed Signature ('J,. ()( lilY (f ,v Title rtom# IlPfO--l , ~, Page -10- t>.;J,:;nda Date 16 E:3 , EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 06-3971S KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full fo rce. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -11- 16t:"3 ~t~ L ! d~ Signed, sealed and delivered in the presence of: PRINCIPAL By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,M ~ corporation, on behalf of the corporation. He/she is personally as identification and did (did 200_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page-12- 16 t3 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 16 i. "3 "'- ... Bond No. Contract No. 06-3971S KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- .fi1: I' it ~... J.,V -. ;; ~, : This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 200_, the name of each party being affixed and these presents undersigned representative, pursuant to authority of its governing body. day of duly signed by its Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- '" r " 3 Ih ~~. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- 1.~,." ~ ~/ - "" EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ,200_, by day of corporation. of , a He/she is personally known to me or has produced as identification and did (did not) take an oath. , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -17- 16 ',- 3 L. '1 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Contract No 06-3971 S Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _0/0 after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -18- (Signature) DATE: (Type Name and Title) 16 t3 EXHIBIT D CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 06-3971S TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_ You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now <-J calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated 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 claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: .200_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- 16E3 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -20- 16 t 3 . The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page-21- 16 E 3 '1 EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- 16 E3 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 200 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 200 OWNER By: Type Name and Title Page -23- 16 E3 EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -24- 16 ,} t" '- ACORD. CERTIFICATE OF LIABILITY INSURANCE OPIO.O~ DATE (MMJOONY1Y) BROOKl 0 09/26/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dawson of Florida; Naples HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6609 W1llow park Dr1ve ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples I'L 34109 , Pbone:239-261-6116 ~ax:239-261-2S03 INSURERS AFFORDING COVERAGE NAIC# INSURED I~WRER A Cincinnat1 IrQu:u.nc. Company 10611 l\f'.URER 8 rCC:I c_rcial :InlW:anc:. Co. -- Brooks & Freund, LLC INSURERC 5661 Xnde~ndence Circle #1 INSURER 0 Ft. MYers I'L 33912 111\5'URERE ~-~ - "-- SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIE EXPRATION Collier county Board of county DATE TMEREOF, THE ISSUING IIISlJRfR WILL ENDEAVOR TO WAIL. 30 DAYS WRfTTEN - commissioners NonCE TO THE CERT1FICATE HOL.DER NAMED TO THE LEFT, BUT FAILURE TO 00 so SHALL. purchasinq Department IMPOSE NO OBLIGATlON OR LIABIL.ITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 E. ~amiami -rrail Bld9 Naples I'L 33962 REPRESENTATIVES. ~s~ COVERAGES THE POL,CIES OF INSURANCE LISTED SELOW HAV::: BEEN ISSLED TO l'1E INS~ED ~,AMED .A,SOVE FOR THE PO~ICY PERIOD INDICATED NOTVVITHS,AADING ANY REQUIREMENT, TERM OR C:JNDITION OF Ar:"y CONTRACT OR OTHER DOCUMENT 'WITH RESPECI TO VIHICH T'-1IS CER-I'" C....TE MAYBE ISSLED OR MAY PERTAIN, ThE INSURANCE AFFORDE:J BY T'-1E POLICIES DESCRBEe HEREIN IS SUBJEC TO A~L THE TERMS EXCLUSlor~s AND CONDIT;O~S CF SUCh "OL,CIES AGGREGATE LMITS SHOWr. MAY HAVE BEEN REDUCED BY PAID ~u\IMS ""NO TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENER.'ll LIABiliTY CLAIMS MADE ~ O~-:;CLJR POLICY NUMBER TION DATE (MfNODNYj DATE (NMlODNY] A x CPPOS915S2 08/01/01 OS/01/0S E,A,CH OCCURRENCE '""" PREMISES (Ea cccurence: MEeD :;:J<F'IAnvoneperson) DE::<SONAL &. AD'J INJURY A GENERAL AGGREGATE PRODUCTS. COMP/or AGG CPAOS91582 OS/01/01 COMBINED SING~[ lIM!T 08/01/08 :EaelCCldent: ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NJN9NNEC AUTOS BOllLY INJURY (Fer person) BO[)IL Y INJURY :P"'I d~udenl) A I PROPERTY DAM'l.GE I (Fer acr.ldent~ AUTO CNLi - c.A ACCIDE\IT i $ i On-j~R THAN ,AU-l' ONLY ! Ef\.CH OCCLlRRENCE ~ OCCUR ' C..AIMS MADE OS/01/0S OS/01/01 CPPOS91582 AGG::<=:GA'E DEDuCTIBLE X RETENTION $ None B WORKERS COW>ENSATlON AND EtoI'lOVERS' LIASLI1Y ANY PROPRETORIPARTNERIEXECLfTIVE OFF ,CERIWEMBER EXCLUD::J? ~. -:-OR'r'L1'v1ITS ~_:.E~:~'-1 ACCIDENT !': L ::}SEASE - EA EMPLOYEE I I 41131 08/01/01 OS/01/0S Ifye5,de5Crlb8und(j[ SPEC I"!. PROVISIONS ~elo"" OTHER E ~ DISEASE - POLICY L,MIT A Crime CPPOS91582 OS/01/01 I Disbonest For e OS/01/0S DESCRPTlON OF OPERATIONS I L.OCATIONS I VEHICL.ES I EXCL.USIONS AOOED BY ENDORSEMENT i SPECIAL. PROVISIONS Collier County Board of county commissioners is Named as an Additional Znsured regards the Genera1 Liab1ity and Business Auto Liability Policies CERTIFICATE HOLDER CANCELLATION L.IMITS 11,000,000 '500,000 I~!~JOOO $ 1,000,000 $ 2,000,000 $2,000,000 $1,000,000 " I' I EAA::;C $ $ $5,000,000 '5,000, OO~O__ $ , AGG " '~1,000,000 $1,000,000 $ 1,000,000 250,000 250,000 ACORD 25 (2OO1/0S) "'ACORD CORPORATION 1988 IMPORTANT If the certificate holder IS an ADDITIONAL INSURED, the policY(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 16 E3 MEMORANDUM Date: October 12, 2007 To: Lyn Wood, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Annual Contract for General Contractors Services Contractor: Brandanna, Inc. (#06-39715) Enclosed are three (3) original contract documents, as referenced above, Agenda Item #16E3) approved (ratified) by the Board of County Commissioners on Tuesday, October 9, 2007. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures (3) ITEM NO.: FILE NO.: ROUTED TO: o? -fJKc ~oo 76?-- DATE RECEIVED: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 9, 2007 To: Office of the County Attorney Attention:..Rl.Jl;,srt 1(,i<'''Clryr~ p~ Lyn M. Wood, C.P.M., Contract Specialist J 1^r-'" Purchasing Department, Extension 2667 (~~. From: cC (L f 'Y',.1 ) /1(/_ s~r 10 \~ ~l U~';I, (}l\7' V\.; c.' ~- . " i.- J:c. _f"'" Re: Contract: 06-3971 S "Annual Contract for General Contractors. Services" Contractor: Bradanna, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on October 9, 2007, Agenda Item 16.E.3 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exi~ your office. Thank you. ~ f()(IOI07-~~-rf~~ ~~. ~ ~~. rAtt.~~<'-:' , d.1 / _ /. . t+- l~.<2JA~(l., ~.:1w iJ{J/V,-~ ~ 1-': I/lfhd.- f,.a.4VJ C: Damfn"Gonzales, ~a:ili~~~ ~~~t..J-t J.+ _ / . ,'. A';.JiA. ~..A ~io(rt-r~ ~)A<.- {,NlW-iA (UJ./.rV'lw~,,' ~K, 60 17)' -;f;-~ 01 f( I/1f I 16 -"",i , ":b ,>," MEMORANDUM TO: Wayne Fiyalko Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department J(f DATE: October 9, 2007 RE: Review Insurance for Contract: 06-39715 "Annual Contract for General Contractors Services" Contractor: Bradanna, Inc. This Contract was approved by the BCC on October 9, 2007, Agenda Item 16.E.3 Please review the Insurance Certificates for the above referenced contract and the attached letter. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. ~,l"~~t- IMT[ RfcrlVE"D OCT - 9 2007 RISK MANAGEMENT dod/LMW C: Damon Gonzales, Facilities Mgmt. Page I of I 16E3 DeLeonDiana From: Sent: To: FiyalkoWayne Thursday, September 20,20071033 AM DeLeon Diana Cc: LynWood Subject: RE: 06-3971 S GC Contractors (Bradanna) Ins Cert.pdf Yes. - An Umbrella Policy will be excess over all other lines, unless excluded on the COI, including WC - Employers Liability. From: DeLeonDiana Sent: Thursday, September 20, 2007 9:59 AM To: FiyalkoWayne Cc: LynWood Subject: 06-39715 GC Contractors (Bradanna) Ins Cert.pdf Wayne, Attached is Bradanna's insurance certificate and the requirements from the General Contractor's contract. Please review. Does the Umbrella Liability cover for the deficiency in the Worker's Comp-Employer's Liability policy? The contract has still to be approved by the BCC. We're just trying to get a heads up. Thanks, q)iana q)e ~ Purchasing Dep!. (239) 252-8375; Fax (239) 530-6597 d ianadeleon@col1iergov.net 9/20/2007 A G R E E MEN T No. 06-3971 S For Annual Contract for General Contractors Services THIS AGREEMENT is made and entered into this cy Hi day of (" 1 '- ["c,- , 2007, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Bradanna, Inc., authorized to do business in the State of Florida, whose business address is 2805 Horseshoe Drive South, Suite 12, Naples, Florida 34104 (hereinafter referred to as the "Contractor"). I' i . 6~, L WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a period commencing on September 12, 2007 and terminating on September 11, 2008, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have two (2), one (1) year renewals, renewable annually. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, 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 Board of County Commissioners deemed an additional five (5) firms to be pre-qualified and awarded a Contract to each firm under a supplemental Request for Proposals. Each awardee will enter into an Agreement to provide for complete construction services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of supplemental RFP No. 06-3971 S and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) of the nine (9) selected firms on a rotating basis, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director, to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) to One Hundred Fifty Thousand Dollars ($150,000), competitive quotes shall be solicited from all of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director, to initiate the projects. For projects with an estimated cost over One Hundred Fifty Thousand Dollars ($150,000) to Two Hundred Fifty Thousand ($250,000), competitive quotations shall be solicited from all nine (9) of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions and issue a numbered Work Order, signed by the Division Administrator, to initiate the projects. Page -1- In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Construction services shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) for any one (1) project, and projects in excess of this amount will go out for formal competition. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: joseph Steinmann, President Bradanna, Inc. 2805 Horseshoe Drive South, Suite 12 Naples, Florida 34104 Fax: 239-417-1249 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department Attention: Stephen Y. Carnell Director of Purchasing and General Services 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-252-6584 SteveCarnell@co[liergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Page -2- 16E3 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 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. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 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 30 days prior to any expiration date. There shall be a thirty (30) day Page -3- notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Consultant or Consultant 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 Consultant or Consultant or anyone employed or utilized by the Consultant or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, loses its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first pay application, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be Page -4- "" ~'--, '';; J _ completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "0" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the Page -5- 16E3 requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shail not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. Page -6- 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Page -7- 16 E3 ", Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. Page -8- ':'1 /! ?- ~ 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 06-3971S, Exhibit A, Public Payment Bond; Exhibit A-2, Public Performance Bond; Exhibit B, Release and Affidavit Form; Exhibit C, Form of Contract Application for Payment; Exhibit D, Change Order; Exhibit E, Certificate of Substantial Completion; Exhibit F, Certificate of Final Completion; and Exhibit G, Warranty. 31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 32. 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. 33. 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. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 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. 35. 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. 36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. Page -9- 16 [3 37. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 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: ,,,,' c'~~9 Dwight E. 8f~, Cleri(?af,.Gourts ~ ,-, . ',i,'>IJ ' By: ~~y( rs Witness Henry S. Fernandez ~~me Second Witness Cindi Craw Type/Print Witness Name Approved as to form and legal sufficiency: 11)~ ?J~ Assistant ounty Attorney ,--.. __UJlA^ ?A L WJ~ j\. Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA By: Jam Contractor Bradanna, Inc. 'Sy4k1 Signature Brad W. Steinmann Typed Signature vice President Title ~em # \ 10-63 Agenda 'I...loI_~ Date ~ Date ...I.^ 101 Rec'd ~ Page -10- . ~'-~) EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 06-3971 S KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at _ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,200 ,with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page-11- Signed, sealed and delivered in the presence of: 16 {" C' '- 3 II PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , as corporation, of 200_, by _ of on behalf of the corporation. He/she is personally as identification and did (did ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -12- 16E3 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200__, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- /' (: ~ ,1lJII 'I; '-J?iJ .,-1' EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 06-3971 S WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- 16 E3 '" This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 200_, the name of each party being affixed and these presents undersigned representative, pursuant to authority of its governing body. day of duly signed by its Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF He/She is personally known to me OR has produced did (did not) take an oath. day of of corporation, on behalf of the corporation. as identification and The foregoing instrument was acknowledged before me this 200_, by ,as ,a My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- '7 {, r it ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by ,as of ' Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- 16 E 3 . EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._ CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,200_, by of , a He/she is personally known to me or has produced as identification and did (did not) take an oath. , as corporation, on behalf of the corporation. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -17- .11 t,. r~ EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Contract No. 06-3971 S Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -18- (Signature) DATE: (Type Name and Title) 16 t34 EXHIBIT D CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 06-3971S TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_, You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Originai Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ~ calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated 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 claims of the Contractor arising out of or reiated to the change set forth herein, including claims for impact and delay costs. Accepted: ,200_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSiONERS OF COLLIER COUNTY, FLORiDA By: By: DESIGN PROFESSIONAL: By: Page -19- . 'O'.,'____.._,___.__~._________._."_'_ ._~~ 16 =-::-1 ~." EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -20- . M___'_"'_""_._'~___~._. 16 E 3 i The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,200 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200 OWNER By: Type Name and Title Page -21- l/ '0" i! . I,,!! '~ EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- 16E3 :,~ The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,200 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 200 OWNER By: Type Name and Title Page -23- 16E3 ",.i ~ EXHIBIT G WARRANTY In consideration often dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -24- To: Collier County Brd Of Commissioners From: Ida Alvarado 9/19/20072:42:35 PM (Page 2 of 3) , 16 E3 ...". ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDD/YYVYI 9/19/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dick, Johnson & Jefferson, Inc. -CORP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1429 60th Avenue W HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bradenton, Florida 34207 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Southcm-(fl.1"CT~ TnSllran.cc C,orrrany 10190 Bradanna Tnc, Bradanna Con..<;tntction Inc, Bradanlla Excavation INSURF.R B: Auto-Owners Life Insurance Co. 61190 2805 S Horseshoe Dr#12 Naples. FL 34]04-6159 INSURER c: The North River Insurance Company 21105 INSURER 0: Bridgefield Employers Insurance Co. 10701 INSURER E: THE POLlCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERBN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE L1MrTSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~: AOO" TYPE OF INSURANCE POLlCY NUMBER P~~Y/jrJ8g/W,E P~~lfl,~rJ;'::~\~"-WN LIMITS "'" ~EAALLlABILlTY 0023122069659407 8/1/2007 8/1/2008 EACH OCCURRENCE $ 1,000,000 ^ ~ 5~ERCIALGENERALLlABIUTY ~~~~i~?E~~:I;~nce $ 300,000 CLAIMS MADE 0 OCCUR MEDEXP(Anyonepsrson) $ 10,000 I .!.... Non owned auto PERSONAL & ADV INJURY $ ] ,000,000 I Hired auto GENERAL AGGREGATE , 2,000,000 ~'~AGG~Em LIMIT APn ~ER PRODUCTS. COMP!OP AGG $ 2,000,000 POLICY ./ ~~8T lOC ~OMOBlLE LlABIUTY 4242347500 8/]12007 8/1/2008 COMBINED SINGLE LIMIT $ 1,000,000 B ANY AUTO (Eailccidenl) - - ALL OWNED AUTOS BODILY INJURY , :!..- SCHEDULED AUTOS I (PllrpelSon) :!..- HIRED AUTOS BODILY INJURY $ :L NON.oWNED AUTOS (Peraccid..nl) PROPERTY DAMAGE $ (Peraccidenl) =fGE UAB'W' AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ C EXCESS/UMBRELLA UABLfTY 553-089895-2 5/1/2007 8/1/2008 ~OCCURRENCE $ 3,000,000 I OCCUR o CI..Jl,IMS MADE AGGREGATE $ 3,000,000 $ ~ DEDUCTIBLE I $ RETENTION $ $ D WORKERS COMPENSATION AND 83031245 0054 2/]4/2007 2/1412008 ./ I T~~~IfJI~~ I lbJ~- EMPLOYER$'LlABILITY 500,000 ANY PROPRIETORIPARTNERlEXECUTIVE ELEACHACCIDENT $ OFFICER/MEMBER EXCLUDED? EL. DISEASE .EA EMPLOYEE $ 500,000 Ifyes.descrtbllunder EL. DISEASE -POLICY LIMIT $ 500,000 SPECIAL PROVISIONS below OTHER \ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT /SPECIALPROVlSIONS CERTIFICATE HOLDER Holder's Nature ofTn1eres1 : Additional Insured CANCELLATION COVERAGES Collier County Brd OfCommissianers Gov Cntr Pur Dept Bldg G 3301 Tal11iami Trail East Naples, FL34] 12 SHOULD ANY OF THE ABOVE lJESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTifiCATE HOLDER NAMElJ TO THE LEfT, BUT fAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER, ITS AGENTS OR REPRE SENT A TIVES. AUT~IZEDREPI(EJll:NT ~/J Lffl.Ct'11' 0- ~~"':~.I.( .~:(' @ACORDCORPORATION 1988 ACORD 25 (2001108) -- To: Collier County Brd Of Commissioners From: Ida Alvarado 9/19/20072:42:35 PM (Page 3 of 3) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of InSUi8ilce on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ~._._--""--,-----"...- 16E3 MEMORANDUM Date: October 17,2007 To: Lyn Wood, Purchasing Agent Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #06-3971S "Annual Contract for General Contractors Services" Contractor: Surety Construction Company Enclosed please find three (3) copies of the original documents as referenced above, (Agenda Item #16E3) as approved by the Board of County Commissioners on Tuesday, October 9, 2007. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures (3) 16E3 '" ITEM NO.: DATE RECEIVED: ,- - .--- - ,.,--.\ t. -1"'/ A,I \; i\-:\\l " ' " - FILE NO.: ROUTED TO: 01-PI?C - ool{,[j 2D'll II l'" . ., ~. i j .F L I DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 9, 2007 To: Office of the County Attorney Attention: Robert Zachary From: Lyn M. Wood, C.P.M., Contract Specialist it.) ',-,1".\,"/ Purchasing Department, Extension 2667 Re: Contract: 06-3971S "Annual Contract for General Contractors Services" Contractor: Surety Construction Company BACKGROUND OF REQUEST: This contract was approved by the BCC on October 9, 2007, Agenda Item 16.E.3 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. /OltJlo7-P^f~~' ~.~ Iv~~. /D/I1/b7-~r~~. f~ -& c c..- ~ 1D-1~Vr;, C: Damon Gonzales, Facilities Mgmt. MEMORANDUM 16E3 TO: Wayne Fiyalko Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department ~~ DATE: October 9,2007 RE: Review Insurance for Contract: 06-3971S "Annual Contract for General Contractors Services" Contractor: Surety Construction Company This Contract was approved by the BCC on October 9, 2007, Agenda Item 16.E.3 Please review the Insurance Certificates for the above referenced contract and the attached letter. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. JL ~.s,kvU-0 . A..,..p ..........\ \ c:> \1\. l.., Wa~L- 047F RECEI~ OCT - 9 ~007 RISK trMlu^_ ..."t/1l'it;/tfENT dod/LMW C: Damon Gonzales, Facilities Mgmt. 16r-7 A G R E E MEN T No. 06-3971 S For Annual Contract for General Contractors Services THIS AGREEMENT is made and entered into this qt~\ day of Gc:tc.h",,- , 2007, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Surety Construction Company authorized to do business in the State of Florida, whose business address is 28441 Tamiami Trail S, #109, Bonita Springs, Florida 34134 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a period commencing on September 12, 2007 and terminating on September 11, 2008, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have two (2), one (1) year renewals, renewable annually. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, 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 Board of County Commissioners deemed an additional five (5) firms to be pre-qualified and awarded a Contract to each firm under a supplemental Request for Proposals. Each awardee will enter into an Agreement to provide for complete construction services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of supplemental RFP 'No. 06-3971 S and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) of the nine (9) selected firms on a rotating basis, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director, to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) to One Hundred Fifty Thousand Dollars ($150,000), competitive quotes shall be solicited from all of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director, to initiate the projects. For projects with an estimated cost over One Hundred Fifty Thousand Dollars ($150,000) to Two Hundred Fifty Thousand ($250,000), competitive quotations shall be solicited from all nine (9) of the contracted firms. The Contractor shall respond with the information sought within ten (10) Page -1- 16E3 working days. The County will negotiate favorable project terms and conditions and issue a numbered Work Order, signed by the Division Administrator, to initiate the projects. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Construction services shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) for any one (1) project, and projects in excess of this amount will go out for formal competition. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Terry L. Kelly, President Surety Construction Company 28441 Tamiami Trail S, #109 Bonita Springs, Florida 34134 Fax: 239-992-7977 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department Attention: Stephen Y. Carnell Director of Purchasing and General Services 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-252-6584 SteveCarnell@colliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payrnent for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all Page -2- permits. Owner may require the Contractor to deliver internal budget translr ~o~~nts to applicable Collier County agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 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. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be Page -3- 16E3 sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Consultant or Consultant 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 Consultant or Consultant or anyone employed or utilized by the Consultant or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, loses its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first pay application, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "e". 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to Page -4- subcontractors or for labor, materials or equipment; (d) reasonable doubt that 1 Q,~ ~n be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the \tVork and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. Page -5- I6E3 A Change Order in the form attached as Exhibit "0" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates Page -6- 16[3 of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Page -7- 16E3 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the livork. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day Page -8- 16E3 . 'I i shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 06-3971S, Exhibit A, Public Payment Bond; Exhibit A-2, Public Performance Bond; Exhibit B, Release and Affidavit Form; Exhibit C, Form of Contract Application for Payment; Exhibit D, Change Order; Exhibit E, Certificate of Substantial Completion; Exhibit F, Certificate of Final Completion; and Exhibit G, Warranty. 31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 32. 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. 33. 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. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 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. 35. 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. 36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. Page -9- 16E3 1'1 37. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 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. By: Dated: ~O~~; ".26e7 . .. 4(SeaD)," Atb3t u t~ 'tl\tt.... . S IgnlltUft OIll" " ,," ',' ~ ,. . fA-dA~ -X/))/ /{~ ,_ First Witness . 1 /} "':,)(;1 <;t:.~n /(. 1/1'7f//~;/-- Type/ . t Witness Name ! /,. Second Itness ),1. //tJ j Type/Print Witness~ame Approved as to form and legal s .. ~ Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY.J~(f! Contractor Surety Construction Company . naturL ry lly Typed Signature President Title Page -10- EXHIBIT A PUBLIC PAYMENT BOND 16E3 Bond No. Contract No. 06-3971 S KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page-11- 16E3 Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,_ cl corporation, on behalf of the corporation. He/she is personally as identification and did (did 200_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -12- 16E3 ~" As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200__, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 16[311J Bond No. Contract No. 06-3971 S WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- 16E3 ~__ This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 200_, the name of each party being affixed and these presents undersigned representative, pursuant to authority of its governing body. day of duly signed by its Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200_, by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- 16E3-'- ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- EXHIBIT B RELEASE AND AFFIDAVIT FORM 16E3 COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,200_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page-17- 16E3 1~ EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Contract No. 06-3971 S Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _'I, after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (5) $ AMOUNT DUE THIS APPLICATION: $ CONTRACTOR'S CERTIFICATION The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By Design Professional: By OWNER'S Project Manager: Page -18- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 16E3 ~~ CHANGE ORDER NO. CONTRACT NO, 06-3971S TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_, You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ~ calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated 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 claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- EXHIBIT E 16E3' CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -20- 16E3 I~ The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,200 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page -21- 16E3 ~ EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- 16E3 ..~ The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 200 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 200 OWNER By: Type Name and Title Page -23- 16E3 ~ EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -24- ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNVYY) 10/17/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4100 Goodlette Road N, #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 239 261-3646 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Amerisure Insurance Company Surety Construction Company INSURER B: 28441 Tamiami Trail S, #109 INSURER c: Bonita Springs, FL 34134-3213 INSURER 0: INSURER E: Client#' 52233 SURC03 16~3 ..~ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE Of INSURA.NCE POLICY NUMBER Pr?,N~~~~r~g~I~IE POLICY EXPIRA.TION LT. NS. DATE MM DDNY LIMITS A ~NERAl LIABILITY GL2015714030006 12/10/06 12/10/07 EACH OCCURRENCE .1 000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED '50 000 I CLAIMS MADE [K] OCCUR MED EXP (Anyone person) .5000 I-- PERSONAL & ADV INJURY .1 000 000 - GENERAL AGGREGATE .2 000 000 ~'L AGG~EnEILlMIT APFt,PER: PRODUCTS - COMP/OP AGG .2 000 000 POLICY j~8T LOC A ~TOMOBILE LIABILITY CA2015712030006 12/10/06 12/10/07 COMBINED SINGLE LIMIT J<. ANY AUTO (Eaaccidenl) '1,000,000 - ALL OWNED AUTOS BODILY INJURY (Per person) . - SCHEDULED AUTOS J<. HIRED AUTOS BODILY INJURY (Per accident) . J<. NON-OWNED AUTOS - PROPERTY DAMAGE . (Per accident) =rAGE LIABILITY AUTO ONLY - EA ACCIDENT . ANY AUTO OTHER THAN EAACC . AUTO ONL V- AGG . A iJESS/UMBRELLA LIABILITY CU201571503 12/10/06 12/10/07 EACH OCCURRENCE .5 000 000 X OCCUR 0 CLAIMS MADE AGGREGATE .5 000 000 . :;;1 DEDUCTIBLE . X RETENTION ,10000 . A WORKERS COMPENSATION AND WC201571603 01/01/07 01/01/08 I ~~S:,?!:~DJ;.I IOTH- EMPLOYERS' LIABILITY .1,000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE ,1 000000 ~~E61~LSF,rkbo~s1~~s below EL DISEASE - POLICY LIMIT ,1 000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHIClES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS REP#06.39715 "Annual Contract for General Contractors Services" Certificate Holder is listed as additional insured with respect to general liability per CG7048 0304 & CG7049 0905 and auto liability per CA2048 0299. '30 days notice of cancellation, except for 10 days nonpayment.Umbrella policy extends the limits of the (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPIRATION Collier County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 2800 N. Horseshoe Dr. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR Naples, FL 34104 REPRESENTATIVES. AUTHOR~,~REPRESENTATIVE /lYJ . - I\.J--~; ..... ACORD 25 (2001/08) 1 of 3 #S3200141M309088 MAL @ ACORD CORPORATION 1988 16 E 3 '~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer fights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 3 #S3200141M309088 DESCRIPTIONS (Continued from Page 1) general liability, automobile, & employers liability policies. AMS 25.3 (2001/08) 3 013 #S3200141M309088 16 ~~ MEMORANDUM Date: October 15, 2007 To: Lyn Wood, Purchasing Agent Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #06-3971S Annual Contract for General Contraxtors Services Contractor: Zurqui Construction Service, Inc. Enclosed please find three (3) copies of the original documents as referenced above, (Agenda Item #16E3) as approved by the Board of County Commissioners on Tuesday, October 9, 2007. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures (3) 16E3l~ FILE NO.: " ',1....,'\ \' :, ji,';\'ll I DATE RECEIVED: ITEM NO,: ROUTED TO: [>" >"", / >, \ n en," v.... D1- flfr~~(J!Jo1hS DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 10, 2007 To: Office of the County Attorney Attention: Robert Zachary From: Lyn M, Wood, C,P.M" Contract Specialist ;/.J I Purchasing Department, Extension 2667 (~ Re: Contract: 06-3971S "Annual Contract for General Contractors Services" Contractor: Zurqui Construction Service, Inc, BACKGROUND OF REQUEST: This contract was approved by the BCC on October 9, 2007, Agenda Item 16.E.3 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me, Purchasing would appreciate notification when the documents exit your office, Thank you, fO!/)/o7-~~~ crk.(jZ) c c- /VV2.----- {O~(C;~ C: Damon Gonzales, Facilities Mgmt. 16E3 H~ MEMORANDUM G4~ RE'CE'1~ OC1'9 RISK ~ 2001 fJtt",., DATE: Wayne Fiyalko Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist .'. <jJ Purchasing Department ,fijy"-../ October 10, 2007 TO: FROM: RE: Review Insurance for Contract: 06-3971S "Annual Contract for General Contractors Services" Contractor: Zurqui Construction Service, Inc. This Contract was approved by the BCC on October 9, 2007, Agenda Item 16.E.3 Please review the Insurance Certificates for the above referenced contract and the attached letter. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you, If you have any questions, please contact me at extension 2667. ~~ ~~. 4:-V)~ ~ t(j{ \e ~t>7 ~~Yl dod/LMW C: Damon Gonzales, Facilities Mgmt. 161:3 A G R E E MEN T No. 06-39715 For Annual Contract for General Contractors 5ervices THIS AGREEMENT is made and entered into this <:]-/'I'I day of Ocfn Iou- , 2007, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Zurqui Construction Service, Inc" authorized to do business in the State of Florida, whose business address is 9755 SW 40th Terrace, Miami, Florida 33165 (hereinafter referred to as the "Contractor"), WIT N E 5 5 E T H: 1, COMMENCEMENT: The contract shall be for a period commencing on September 12, 2007 and terminating on September 11, 2008, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed, This contract shall have two (2), one (1) year renewals, renewable annually, The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days, The County Manager, or his designee, 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 Board of County Commissioners deemed an additional five (5) firms to be pre-qualified and awarded a Contract to each firm under a supplemental Request for Proposals. Each awardee will enter into an Agreement to provide for complete construction services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of supplemental RFP No, 06-3971 S and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days, For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) of the nine (9) selected firms on a rotating basis, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director, to initiate the projects, For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) to One Hundred Fifty Thousand Dollars ($150,000), competitive quotes shall be solicited from all of the selected firms, The Contractor shall respond with the information sought within ten (10) working days, The County will negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director, to initiate the projects, For projects with an estimated cost over One Hundred Fifty Thousand Dollars ($150,000) to Two Hundred Fifty Thousand ($250,000), competitive quotations shall be solicited from all nine (9) of the contracted firms, The Contractor shall respond with the information sought within ten (10) working days, The County will negotiate favorable project terms and conditions and issue a numbered Work Order, signed by the Division Administrator, to initiate the projects. Page -1- 16E3 In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion, Construction services shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) for any one (1) project, and projects in excess of this amount will go out for formal competition, 3, THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation, Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4, NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Eddy Gonzalez, Jr., President Zurqui Construction Service, Inc, 9755 SW 40th Terrace Miami, Florida 33165 Fax: 305-221-6110 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department Attention: Stephen Y. Carnell Director of Purchasing and General Services 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-252-6584 SteveCa rnell@colliergov,net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing, 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County, 6. PERMITS: LICENSES: TAXES: In compliance with Section 218,80, Florida Statutes, 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, Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits, Page -2- 16E3 "1 ! ~. '\ , All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work, 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, 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance, 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin, 11, INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability, B, Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership, C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws, The coverage must include Employers' Liability with a minimum limit of $1 ,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 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 30 days prior to any expiration date, There shall be a thirty (30) day Page -3- 16E3 notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions, 12, INDEMNIFICATION: To the maximum extent permitted by Florida law, the Consultant or Consultant 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 Consultant or Consultant or anyone employed or utilized by the Consultant or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13, BONDS, A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days, B, When required by Owner, the Contractor shall fUrnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A", C, If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, loses its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS, Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first pay application, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C", 15. PAYMENTS WITHHELD, Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be Page -4- "4 ,l f." " completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents, 16E3 If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense, Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16, SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance, 17, CONTRACT TIME AND TIME EXTENSIONS, A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors, B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C, No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay, Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18, CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work, Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change, Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order, No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the Page -5- 161="3 1~ requested changes, Contractor shall promptly perform changes authorized by duly executed Change Orders, The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19, COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20, CLEAN UP, Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work, At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22, WARRANTY, Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents, Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES, The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS, If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. Page -6- 16E3 25, PROTECTION OF WORK, A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor, B, Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26, EMERGENCIES, In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss, Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby, If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations, If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27, COMPLETION, When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion, Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion, If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Page -7- 16E3 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B", (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work, Unless and until the Owner is completely satisfied, the final payment shall not become due and payable, 28, LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date, Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation, Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period, If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday, Page -8- 16E3111 29, CONTRACT ADMINISTRATION, This Agreement shall be administered on behalf of the County by the Facilities Management Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No, 06-3971S, Exhibit A, Public Payment Bond; Exhibit A-2, Public Performance Bond; Exhibit B, Release and Affidavit Form; Exhibit C, Form of Contract Application for Payment; Exhibit D, Change Order; Exhibit E, Certificate of Substantial Completion; Exhibit F, Certificate of Final Completion; and Exhibit G, Warranty, 31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No, 2004-05, and County Administrative Procedure 5311, Violation of this provision may result in one or more of the following consequences: a, Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b, Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c, immediate termination of any contract held by the individual and/or firm for cause. 32. 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, 33. 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. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U,S.C, 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, 35, 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, 36, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. Page -9- 16E3 i~ 37. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 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: Dwi htE."la1'otf4!4D,l;erk of Courts ;..\ .' ...... ' '., BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Jame .1"- ~ ea ~,;- 4',' ..ltt.':;'(!fi;,l;y. a.t ll'llllll , , t ']n<:turlt 0.11' Contractor Zurqui Construction ~ervice, Inc. v- ~~~ , ' First Witness By.::; .,/ c.J.l'l G.Of"ll-OI"-"L, ,<, Typed Signature 11~!/JUI Title Approved as to form and ~ Ie en, /' ' Print Name nem # lk-lS? ""....da I~D1 /....;,.. \ '.;":::, -\DI \ ~\D1 \,ccd ~~ Page -10- 16E3j EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No, 06-3971 S KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255,0592, In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body, Page -11- 16E 3 /1 Signed, sealed and delivered in the presence of: PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , as corporation, of 200_, by _ of on behalf of the corporation, He/she is personally as identification and did (did ,a known to me OR has produced not) take an oath, My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No,: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -12- 16F3 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , Surety, on behalf of Surety, He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No,: Page -13- 16E3 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No, 06-3971S KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the 200_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2, Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3, Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- 16E3 This instrument shall be construed in all respects as a common law bond, It is expressly understood that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige, IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body_ Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200_, by ,as ,a HelShe is personally known to me OR has produced did (did not) take an oath, My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No,: Page -15- ATTEST: SURETY: 16E3 !~ (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by , as of , Surety, on behalf of Surety, He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- EXHIBIT B RELEASE AND AFFIDAVIT FORM 16E3 ,~ -\I ~f COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid, (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No, CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,200_, by corporation, of , a He/she is personally known to me or has produced as identification and did (did not) take an oath. , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -17- 16r:"3 . <>;:i,1. ~ <.~~ EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Contract No. 06-3971 S Project No, Application Date Payment Application No, for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -18- (Signature) DATE: (Type Name and Title) 16 ~. 1-, L. 3 .~ -~. EXHIBIT 0 CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 06-3971 S TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L--J calendar days, The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated 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 claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- EXHIBIT E 16E3 i~ CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, ENGINEER'S Project No, PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, Page -20- 16E3 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: , ""~'. ~i ~;" , '<.~~ , RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents, Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page-21- EXHIBIT F 16E3 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No, PROJECT: ENGINEER'S Project No, CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- 16E3 ~ The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 200 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 200 OWNER By: Type Name and Title Page -23- 16E31W~ EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: GONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION, The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given, This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -24- 10/12/2007 15:49 3056631921 CARLOS LUIS INS: 16E3 PAGE 02/02 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GMNG 10 DAYS PRIOR WRITTEN NOTiCE TO THE ceRTIFICATE HOLDER NAMED BELOW, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VAUD MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY A~ POUCY DESCRIBED BELOW. This certifies that: o STATe FARM MU11JAL AlITOMOBILE INSURANCE COMPANY of B1OOllringlon, l.-moiS. or Ill! STATe FARM FIRE AND CASUAl. TV COMPANY of B100mill\llon.lllnDis Has coverage In force for the following Named Insured as shD\IVn below; Named Insured ZURQUI CONSTRUCTION SERVICES, INC_, Address of Named Insured 9155 SW 40TH TERRACE MIAMI, flORIDA 33165 POLICY NUMBER iDS 7ll63-C01-5l1 241 462ll-817-5!1 542 6IJ55.COI-5lI EFFECTIVE DATE OF Cl9IlI'IIU7TOOW1I118 1JIJ/171U7 TO 0211711I8 . lI!WtlU7 TO lI3o'D1Ill8 POUCY "9lIIZUZIJ 05I1ERCEDES SL500 1I5 RANGER ROVER SPORT DESCRIPTION OF JAI.B481HlCL7IIlI583O WDBSK75Fl15F0887lI5 SALME114l15A1.27 VEHICLE LIABILITY COIIERAGE I8lYES NO l81YEs DNO I:8IYEs DNO I8IYES DNO LIMITS OF LIABILITY a. Bodily Injury 5500.000.00 $5IlO,ooo_oo $5IlO.lIOO.OO each Person e, Bodily Injwy . $5IlO,OOO.oo $54)0,000.00 $54)0,000.00 Each Accident b, P",perty Carnage $500,011O.00 $500,000.00 $5IlO,ooo.oo c. Bodily Injury & Property Damage Single UmIl each Accident PHYSICAL DAMAGE ES DNO YES DNO DNO I&1YES ONO COVERAGES $1.0110 DO Deducliblll $1.000,00 a, compreh._ Deductible S b. Collision $1.000.00 Deduetible Deductible EMPLOYER'S NON-OWNERSHIP I8IYES DNO I8lYES DNO I8IVES ONO DYES oNO COVERAGE HIRED CAR COVERAGE NO C.S.R 6590 10(11(07 TiDe Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent r I I I Collier County Government CARLOS WIS, AGENT 3301 East Tamiami Trail 6291 SW 4011< STREET Naples, FI34112 MIAMI, FLORIDA 33155 TEL: 305-663-2300 L _I L FPiXit. 305-66$-1921 ~ Rernam: Check if a permanent CeI1iIicaIe of Insurance for liability coverage is needed: ~ Check if the Certificate HaJder shoukl be added as an Additional Insured: ~ 10/12/2007 15:40 :I135GG:l1'J21 CARLOS LUIS n~G: 16E3 I ~~C 131/131 CERTIFICATE OF INSURANCE sucH INSURANCE AS RESPECTS THE INTl:REST OF THE CERTIFICATE HOLDER WILL NOT Be CANCEL!;" OR OTHERWISE T~RMINATEO WlTtlOUT GMNG 10 DAYS PRIOR WRITTEN NOTIce TO THt:' CERTIFICATE HOLDER NAMED BELOW. BUT IN NO EVENT SHALL THIS CEKTlFICAtt BE VAUD MORE TNAN 311 DAYS !"ROM 1lIE DATE Wll:ITTEN. Tnl:; CERTIFICATE OF INSURANCE DOES NOT CHANGE THF COVERAGE PROVIDEIJ BY ANY POUCY DESCRIBED BELOW. Thi~ C':p.rtifies that (] STAll!. FARM M\1TUAL AUTOMOBILI< INSURAlllcE COMPANY of [lIoomil1\llllll. II_Ill, or \Ill "TATE FARM FIRE AND CA~U/lLTY CO,",PANY of Blw...i....I."" In_ has coveliiSge in force for the following Named In'Sluwf as shown below; Named Insured ZURQUI CONSTRUC'nON sERVlCE-S.INC. Addres. of Named Insured 9155 SYl40T>f TER MIAMI. FL 33165 POLICY NUMocn 19O!MJ2Z.c:'lO S9A i'FFF.ctIVE DA 1IlIIJUlU1TO~ pOLICY IJ3 Lfl(lIS ex 470 nFl'lCRIPTION OF .IT .1BT2DX53lDI&Ul VEHICLS L1A~ILITY cove.AAGE I8lYEG NO LIMITS OF L1Al'liL J1Y e, Bodily Injuty $500,000.00 t.actt parson " BadDy Injury 5500._.00 Sam A...._ u. property Damage $500.000.00 e, BodilY Injury & po'upeow Damage Single Lima Eacn AceId.nt PHYSI,=^L DAMAGE GOVERACM!S 8. COmpre118nswe b. Collision I8lYES DNO m 5lI7&oA16..5l1 :/:i1.1814-013-e9 l11/tfllll7 TO 0111_ 1M3III11<l DU1 07 ~ORD ~1511 ENOL 1FTPWlZV57I\~ s NO oY!;s NO. S ONO $500,ooo.on $500.000.00 $500,000.00 $600,000.00 ssM,nnn.OlI $:ilJO,ooo.oo s 01<10 _ De<luClIble L.IVES NU _ [)Qd.,dible YES L)Nn _ Oeductible NO. Dyes NO. _ Deductible NO. DNO NO DYES DNO l5<IYES DNU I:8lYES _.9L~e.~ C.S.R Tille 6590 Agent's COde NumDer 10/11/07 DBI.. Name and Addr~'" 01 Certificate Holder Nome and Address or Allent ~ r- Collier CouJrty Covcmmenl 3301 E~!tl TAmlaml Trail Naples, FI34112 ~ r- CAKLOS LUIS, AGENT 6291 E:W 40"'" ST MIAMI. FI. 33155 TEL; 3OlHI83-230D FI>J(#: 305-883-1921 L ~ Check if a permanent CCI1Ilio:Jlc of In.uranee fer liability """"rags is needed: Cia Check II tho C"rtific,""" Hold"" """"Id be added as an ACldltlDIIslln5ured: lilI RemarkS: 1i8.~"tO.2 Rov. 0.04 PJWrM in U.S.A. 10/12/2007 15:49 3055531921 CARLOS LUIS INS: 16 E 'E 0t02 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRl1TEN NonCE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VAUD MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POUCY DESCRIBED BELOW. This certifies that 0 STATE FARM MI1TUAL AUTOMOBILE INSURANCE COMPANY of Bloomlnglcn.llr"","" or IllI STATE FARM FIRE AND CASUAL TV COMPANY of Bloomlrialon, IIIlnois has coverage in force for the following Named Insured as shClWll below : Named Insured ZURQUI CONSTRUCTION SERVICES INC Address of Named Insured 9755 SW 40TH TER MIAMI, FL 33165 EMPLOYER'S NON.OWNERSHIP DNO ~YES DNO ~YES DNO DYES DNO COVERAGE HIRED CAR CO~~!l NO .- ^" > / ,: ........... .- -~'..._~.. C.S.R 6590 10111/07 Signah:.rs ~ ~-- TIlle Agent's Code Number Date ~~- Name and Addfws of Certificate Holder Name and Address of Agent I I I I Collier County Government CARLOS LUIS. AGENT 3301 E:1lSt Tamiami Trail 6291 SIN 40T>f ST Naples, FI34112 MIAMI, FL 33155 TEL: 3ll5-663-230D L -1 L FAX#: 30~3-192' .--J POLICY NUMBER EFFECTIVE DATE OF POLICY 1961lO22.C3Q.S9A 0llI3Ml7 TO 03I30IlIII 03 LEXUS auTO DESCRIPTION OF JTJST2llX53lI018U1 VEHICLE LIABILITY COVERAGE S NO LIMITS OF LIABILITY s. Bodily In/lIlY $500,000.00 Each Person a. Bodily Injury S5OO,OOII.00 Eoch Accld.nt b, Properly Darnage $500,001I.00 c" BodilY Injury & Properly Damage Single Limit Eacl1 Accidont PHYSICAL DAMAGE cOVERAGES a. Comprehensive b. CollisiOn .Q3 597M16-5l1 251.11114-013-511 01/16107 TO 01/161lll1 10113ft11 to 04I13/1ll1 01 FORD F15l1 ENOL 1FTPW12V57k1193322 I81YEs NO DYES NO $500,000.00 $500.000.00 S5OO,OOII.00 S5OO.OOII,OO $500,000.00 $500,001I.00 DYES NO DYES NO Deductible Check if a pennan..n! Celtiflc8te of Insurance for llablllly coverage Is needed: 181 Check if the Certlficate Halder should be added as an AddiIilll'lllllnsured: ~ R..merk:il: 158044aO.2 Rev. 9-94 PrInted in u.s.A. 16E3 ~ ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP 10 eH Z U-2 10/10/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, CATE(MMJDDfYYYY) PRODUCER BROWN & BROWN OF FLORIDA INC 8000 GOVERNORS SQUARE BLVD 400 MIAMI LAKES FL 33016-1588 Phone: 305-364-7800 Fax: 305-822-5687 INSURERS AFFORDING COVERAGE NAIC# 02520 10701 INSuRER A ZURQUI CONSTRUCTION SERVICE, INC. 9755 sw 40TH TERRACE MIAMI FL 33165 tN5URERc COVERAGES THE POLICIES OF INSURANCE USTEC BELOW HAV~ REON ISSUED TO THE INSUR~D NAMED ABOVE FOR THE POL ICY PERIOD INDICATED. NOTWITHST~NDING ANY REQUIREMENT, TfRMORCONDITtQNOFANYCONTRACTOROTHER DOCU"'ENTWITN"ESPECIIOWHICNTHISCERTlFICATE"'AYBE'SSUEDO~ MAYPERTA'",THEINSURANCEAFFORDEDBYTHEPOlICIESOESCRIBEDHE""INISSUBJECTTOAllTHETERMS,EXCLUSIONSANDCONDITIONSOFSUCH INSII.PO~~~ lC_~RfGATElI""TSSHO"""MAVHAVEBEENREDUCEDBYPA liD CLAIMS LTl'I ~e.RO TYPE OF I..SU....NCIi lOE..ER.t.lLlABIUTY ! A X ~.x... CO...",ERCIALGENERALlIAB'L1TY , j~__"^'"'"^" c;z:::,,'", . L ' -----=----==----== >'OLICY~UMB~~ POLlCYEFFECT1\IE CATEIMMIDD/YY) >'OUCYEXP_T10N DATE (MMIDD/YY) --- LIMITS DTC07446B022IND07 04/10/07 04/10/08 ~ACH DCCUR~ENCE I OAMAGETO RENTEO ~R~MISE~_,~~~_ I $ ~-' (')~O, 000 $ 300,000 $ ___5,000 $ 1 ~.9_00, 000 s 2-,000,000 $ 2,000,000 -- MEO EXP IAn, on. p'''''") ~L&ADVINJURY GEN,RAlAGGREGATE ~AGGREGATE FLlM'::.AP:~:~PER 1__' I IpouCY JECI i IloC .!".?D<JCTS.COMP"OPAGG ~OMOBll~"',t,BILITY ANY AUTO COMB'NEP SINGLE UM,T IE' '",,'d,"') ALL OWNEO AUTOS SCHIOOUlEOAUTOS BODILY INJURY (Pe,,,.,,onl ~IREDAUTOS FI"'OW",^OW' 60DILYINJURY {p.,.",,'d.n'i "~OPE"TYDA"'AGE IP"",e".nl) OA....BI'L1,t,BIUTY .==l ANY AUTO AUTOONLY.EAACCIDENT i--..---- I'OTHERTHAN AL'TOONIY I ~~~OCCURREN.CE iAGGREGATE EAACG $ - -- AGG S ~~.$1UMBRE"LAUABILITY rOCCUR ... ClAIMSMAOE ==-1- DEOUCTIBLE RETENTIDN I -- --- $ B WORKERaCOMPENU,T10NUlI EM"'-OYERS'LIABIUTY X IT:Y~~~~~' I iOTH I," ANY PROPRIETO~-'PARTNER,'ExECUIIVE OFF'ICER.....E...BEREXCLUOED? 0830-34211 04/10/07 04/10/08 E.L.oACHACCIDENT __ ~!,.QPO,_OOO $ 1,000-,_909_ I $ 1,000,000 I I i i oL.DISEASE EAE"'PlOnE ",e',de,,,'be,nde, SPEC'AlORoV1510NSb,low E.lOISEASEPOLlCYLlM" OntER OnCRIf>l10NOFOl'ERAnoN.fL.OcATION.JVfliIOLE./EXCLU.1lI......0DED.YmDllIlSIiME..TfSI'ECI...LPllOVl&>o... Collier County is an Additional Insured, when required by written contract, with respects to General Liability only. CERTIFICATE HOLDER CANCELLATION COL-942 .HOULDANYOFntE....O\IEOE.CRIBEDPOUCIESBEC....~CEll~OBIiFORETHEExP......T1lIN DAnntERIiOF,THEIUUltlGl..SURERWIU-E"DeAVORTO..AIL 10 CUSWRITTEN COLLIER COUNTY 3301 E TAMIAMI TRAIL NAPLES FL 34112 ..OT1CETOntECIiATlFIOATl;HO"DERN.....EOTOnlELEFT,BUTF...,l......ETODlISOSHALL IM>'O.ENOOBl......TlONORUABIUTYOF....NYKINOUPONTHEINSURER.ITSAOERTSOR REPRU~NTATIVES. '"' R""~n~NT"'T1VE ACORD 25 (2001108) @ACORDCORPORATlON 1988 16E3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ~ f i I'"j L ~. '- ",:!i MEMORANDUM Date: October 22, 2007 To: Lyn Wood, Purchasing Agent Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #06-3971S "Annual Contract for General Contractors Services" Contractor: Wright Construction Group, Inc. Enclosed please find three (3) copies of the original documents as referenced above, (Agenda Item #16E3) as approved by the Board of County Commissioners on Tuesday, October 9,2007. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures (3) 16 LL3 ',:" 1-1 ITEM NO,: : ." ,:DATE RECEIVED: , '\ \. ,;~../ t;\1 i JI',\i\ , ,\; ] '~~ 1 ~. FILE NO,: ROUTED TO: 01- fRe - ()tJ 170 7CUl c:; \ 1,'" t\: 3; DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: October 9, 2007 To: Office of the Cou!J.ly Attorney -"tf Attention: Ro~Zachary r/ L From: Lyn M. Wood, C,P,M" Contract specialist."-P' II ....'\]/ Purchasing Department, Extension 2667 0':.fS Re: Contract: 06-3971 S "Annual Contract for General Contractors Services" Contractor: Wright Construction Group, Inc, BACKGROUND OF REQUEST: This contract was approved by the BCC on October 9, 2007, Agenda Item 16,E,3 This item has not been previously submitted, ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this a standard contract with no changes, Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you,. -;-L...,~.Al.~c:.e-1.t /o/rin- '~~~~'{'-T--'-- jV - ~~f~cIw1tW (tJ p'rCl1 C: Damon Gonzales, Facilities Mgmt. C/ ~CA v \.~ 16E3'~~' MEMORANDUM DATE: Wayne Fiyalko Risk Management Department Lyn M. Wood, C.P.M., Contract Specialist jJ.,':b~ Purchasing Department ~~) October 9,2007 TO: FROM: RE: Review Insurance for Contract: 06-3971S "Annual Contract for General Contractors Services" Contractor: Wright Construction Group, Inc. This Contract was approved by the BCC on October 9, 2007, Agenda Item 16,E.3 Please review the Insurance Certificates for the above referenced contract and the attached letter. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded, Thank you, If you have any questions, please contact me at extension 2667, \" \ 0/\7 ~7 ir 114rr RFcrI~ OCT - 9 2007 RISK ~HENT dod/LMW C: Damon Gonzales, Facilities Mgmt. 16E3 "'~ A G R E E MEN T No. 06-39715 For Annual Contract for General Contractors Services THIS AGREEMENT is made and entered into this crti; day of C.~cfcL.,,-y- , 2007, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Wright Construction Group, Inc" authorized to do business in the State of Florida, whose business address is 5811 Youngquist Road, Fort Myers, Florida 33912 (hereinafter referred to as the "Contractor"), WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a period commencing on September 12, 2007 and terminating on September 11, 2008, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have two (2), one (1) year renewals, renewable annually. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days, The County Manager, or his designee, 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 Board of County Commissioners deemed an additional five (5) firms to be pre-qualified and awarded a Contract to each firm under a supplemental Request for Proposals, Each awardee will enter into an Agreement to provide for complete construction services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of supplemental RFP No, 06-3971 S and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days, For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) of the nine (9) selected firms on a rotating basis, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director, to initiate the projects, For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) to One Hundred Fifty Thousand Dollars ($150,000), competitive quotes shall be solicited from all of the selected firms, The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director, to initiate the projects. For projects with an estimated cost over One Hundred Fifty Thousand Dollars ($150,000) to Two Hundred Fifty Thousand ($250,000), competitive quotations shall be solicited from all nine (9) of the contracted firms, The Contractor shall respond with the information sought within ten (10) working days, The County will negotiate favorable project terms and conditions and issue a numbered Work Order, signed by the Division Administrator, to initiate the projects, Page-1- 16E3 ~ " In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion, Construction services shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) for any one (1) project, and projects in excess of this amount will go out for formal competition, 3, THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s), 4, NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Keith Moyer, Vice President Wright Construction Group, Inc, 5811 Youngquist Road Fort Myers, Florida 33912 Fax: 239-481-2448 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department Attention: Stephen y, Carnell Director of Purchasing and General Services 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Fax: 239-252-6584 SteveCarnell@colliergov,net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5, NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County, 6, PERMITS: LICENSES: TAXES: In compliance with Section 218,80, Florida Statutes, 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, Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits, Page -2- 16E3 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work, 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, 9, TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice, The County shall be sole judge of non- performance. 10, NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin, 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability, B. Business Auto Liabilitv: Coverage shall have minimum limits of $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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies, 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 30 days prior to any expiration date, There shall be a thirty (30) day Page -3- notification to the County in insurance coverage, the event of cancellation or modification \f~n~ ~pulated Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions, 12, INDEMNIFICATION: To the maximum extent permitted by Florida law, the Consultant or Consultant 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 Consultant or Consultant or anyone employed or utilized by the Consultant or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph, This section does not pertain to any incident arising from the sole negligence of Collier County, 13. BONDS, A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days, B, When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A", C, If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, loses its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments, Subsequent to the first pay application, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C", 15, PAYMENTS WITHHELD, Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections, The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be Page -4- completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents, If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense, Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16, SUBMITTALS AND SUBSTITUTIONS, Any substitution of products/materials from specifications shall be approved in writing by Owner in advance, 17, CONTRACT TIME AND TIME EXTENSIONS, A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors, B, Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension, C, No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision, This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion, 18, CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work, Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change, Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the Page -5- 16E3 ~ requested changes, Contractor shall promptly perform changes authorized by duly executed Change Orders, The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree, 19, COMPLIANCE WITH LAWS, Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing, 20, CLEAN UP, Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work, At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21, ASSIGNMENT, Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22, WARRANTY, Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents, Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents, If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law, 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous, 24, TESTS AND INSPECTIONS, If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. Page -6- 16E3 \ , 25, PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made, If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B, Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C, Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith, 26, EMERGENCIES, In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss, Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations, If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION, When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion, Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion, If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor, If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Page -7- 16 E 3~'~~; Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable, Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work, Unless and until the Owner is completely satisfied, the final payment shall not become due and payable, 28. LIQUIDATED DAMAGES, The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date, No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation, The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended, The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation, Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation, Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved, The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period, If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday, Page -8- . 'i- 16E 3 .,~ 29, CONTRACT ADMINISTRATION, This Agreement shall be administered on behalf of the County by the Facilities Management Department. 30, COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No, 06-3971 S, Exhibit A, Public Payment Bond; Exhibit A-2, Public Performance Bond; Exhibit B, Release and Affidavit Form; Exhibit C, Form of Contract Application for Payment; Exhibit D, Change Order; Exhibit E, Certificate of Substantial Completion; Exhibit F, Certificate of Final Completion; and Exhibit G, Warranty, 31, PROHIBITION OF GIFTS TO COUNTY EMPLOYEES, No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No, 2004-05, and County Administrative Procedure 5311, Violation of this provision may result in one or more of the following consequences: a, Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b, Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c, immediate termination of any contract held by the individual and/or firm for cause, 32, 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, 33. 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, 34, IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U,S.C, 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, 35, 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, 36, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. Page -9- 16E3 37, AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 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: Dwi t ~,\,B~&K9 9Jerk of Courts . . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA By: Jam Coletta, Chairman .. Datsd: . (SeaJ),/ Atte~~ _ t>>' cr-. h.... , Signature on1- Contractor Wright Construction Group, Inc. CJ\(ml ..JWlttLnJ.l", First Witness By: I(~ ),ignature 1)lll.nc tJo.l'Zl\1 t 11. Type/Print Witness Name n ,- (U'lJ:.t,L 1l..15'.hLfL~'--- Second Witness :~\ N' <', ': -A' "~ \ .... ',r,,\ ' ,"'.',. c.- 1 v\. (y,<-, Ll ,'{ v ,Y?h t-t \ Type/Print Witness Name Typed Signature KEITH A. MOYER VlCEPRE8lDENTlIUILDING OPERATIONS Title Approved as to form and legal suffic' ~ Print Name Page -10- 16f:3 EXHIBIT A PUBLIC PAYMENT BOND Bond No, Contract No, 06-3971 S KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at _ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255,0592, In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants, IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page-11- Signed, sealed and delivered in the presence of: 161:3 PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoin9 instrument was acknowledged before me this of ,~ cl corporation, on behalf of the corporation, He/she is personally as identification and did (did 200_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No,: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page-12- 16E3 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , Surety, on behalf of Surety, He/She is personally known to me OR has produced as identification and who did (did not) take an oath, My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- 16E3 , 'i". EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 06-3971S WHEREAS, Principal has entered into a contract dated as of the 200_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract, THE CONDITION OF THIS BOND is that if Principal 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2, Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3, Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications, Page -14- 16E3 This instrument shall be construed in all respects as a common law bond, It is expressly understood that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this bond, In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige, IN WITNESS WHEREOF, the above parties have executed this instrument this 200_, the name of each party being affixed and these presents undersigned representative, pursuant to authority of its governing body, day of duly signed by its Signed, sealed and delivered in the presence of : PRINCIPAL Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , a corporation, on behalf of the corporation, HelShe is personally known to me OR has produced as identification and did (did not) take an oath, My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- 16 ~ 3 " ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by ,as of , Surety, on behalf of Surety, He/She is personally known to me OR has produced as identification and who did (did not) take an oath, My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No,: Page -16- EXHIBIT B RELEASE AND AFFIDAVIT FORM 16E3 COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assi9ns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner mi9ht be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._ CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,200_, by corporation, of , a Helshe is personally known to me or has produced as identification and did (did not) take an oath, , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -17- 16E3 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Contract No. 06-3971 S Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page -18- (Signature) DATE: (Type Name and Title) 16 '3 .-, , '-. EXHIBIT D CHANGE ORDER CHANGE ORDER NO, CONTRACT NO. 06-3971 S TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L-J calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated 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 claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- EXHIBIT E 16E3 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, ENGINEER'S Project No, PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, Page -20- The responsibilities between OWNER and CONTRACTOR for security, operation, saJy? E 3 I' maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents, Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page -21- 16E3 EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No, PROJECT: ENGINEER'S Project No, CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents, To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- 16E3 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,200 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 200 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 200 OWNER By: Type Name and Title Page -23- 16E3 ... EXHIBIT G WARRANTY In consideration of ten dollars, ($10,00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION, The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY, It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq, DATE: CONTRACTOR BY: Attest: Page -24- '; 6t ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 MI DATE (MMfDDfYVYY) WlUGH-A 10/18/07 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dawson of Florida; Naples HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6609 Willow Park Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Naples FL 34109 Phone: 239-261-6116 Fax:239-261-2803 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Cincinnati Inll.lnnee Company 10677 INSURERB Bridqefie1d Employers -- -_.-. Wri~ht Construction Group INSURERC Alei. Surplul Inlurance COlIIPilny 581 Younq~ist Road IrJSURERD MIX Specialty InlurilnCI Co. Fort Myers L 33912 INSURERE r3 "'tI COVERAGES THE POLICIES OF INSURANCE LISTED BELOW Ht>.VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWITHSTANDING ANY REQUIREMENT, fERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AfFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO,1>.LL TIlE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IlTR r..':.'!,~ TYPE OF INSURANCE POLICY NUMBER D~~~(MMIODNY) 'l:J~~YIMM/DDNY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 r- CPP0891576 01/01/07 01/01/08 $ 500,000 A X X ~~ERCIAL GENERAl,~IABILlTY PREMISES lEa occurence) I CLAIMS MADE ~ OCCUR MED EX? (Arty one person) $ 10,000 PERSONAl & ADV INJURY $ 1,000,000 r- GENERAL AGGREGATE $2,000,000 r- GEN'L AGGR,En LIMIT APPnPER PRODUCTS - COMP/OP AGG $ 2,000,000 h PRO- Emp Ben. 1,000,000 POLICY JECT LOC AUTOMOBILE LIABILITY CQMBINED SINGLE LIMIT f--- $1,000,000 A X ~ ANY AUTO CPP0891576 01/01/07 01/01/08 (Eaaccidenl) AlL OWNED AUTOS BODIL Y INJURY 1- (Per person) . f- SCHEDULED AUTOS HIRED AUTOS BODILY INJURY f--- $ NON-OWNED AUTOS (Per accident) I f--- f--- PROPERTY DAMAGE $ ; (per accident) GARAGE UABILlTY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ P OCCUR o CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND XITORY LIMITS I I \ fE-it B EMPLOYERS' LIABILITY 830-30920 01/01/07 01/01/0B $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT OFFICERJMEM8ER EXCLUDED? EL DISEASE - EA EMPLOYEE $500,000 If yes, describe under E.L DISEASE - POLICY LIMIT .500,000 SPECIAl PROVISIONS below i OTHER C Builders Risk ECM734285/01/2007 08/08/07 08/08/08 10,000,000 D 1 Builders Risk MAX2XPOOO0240 08/08/07 08/0B/08 7,765,971 DESCRIPTION OF OPERATIONS I LOCATIONS' VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Board of Commissioner for Collier County is named as Additional Insured with regards to the General Liability and Auto policies. PROJECT:#06-3971S Collier County Government-continuing Services CERTIFICATE HOLDER CANCELLATION COLLI-O SHOULD Am OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, lliE ISSUING INSURER VIIILL ENDEAVOR TO MAIL 10 DAYS WRmEN Collier County Board of - NOTICE TO THE CERTIFICATE HOLDER NAMED TO TliE LEFT, BUT FAILURE TO DO SO SHALL Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 E. Tamiami Trail Naples FL 34112 REPRESENTATIVES. AUT~ES~ ACORD 25(2001/08) @ACORDCORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION [S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otlice The completed routing slip and original documents are to be forwarded to lhe Board Office only lifter the BO<lrd ha<; taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. [fthe document is already complete with the exception of the Chatnnan's signature, draw a line through routing lines #1 through #4, complete the chcckU!.l, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. ------- - - 2. c:=-- _.- ......---. 3. ---.-." c___ - -~. - 4. ('-- - -. .. _.... . 5. Sue Filson, Executive Manager Board of County Commissioners efk I c/9 !t7 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending BeC approval. Normally the primary cont8(,1 is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Artie Bay Contact Agenda Date Item was 10/9107 A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Grant Application, Request for Distribution and Resolution o1~ Number of Original Documents Attached 530-6285 l6FI efic l C(; c' Cite. C:ik 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licabJe. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on _10/9/07 _(enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable, I: Forms! County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. MEMORANDUM Date: October 10, 2007 To: Artie Bay EMS, Operations Analyst From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Emergency Management Program Enhancement Enclosed please find four original copies of the above referenced document (Agenda Item #16Fl), approved by the Board of County Commissioners on Tuesday, October 9, 2007. Enclosed you will find a certified copy of the Resolution and the Original of the Grant Application. After the originals are returned to your department, please forward them to the Minutes and Records Department. The originals will be kept in the Minutes and Records Department for the official record of the Board of County Commissioners. If you have any questions, please call me at 252-7240. Thank you. RESOLUTION NO. 2007 -2@1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CERTIFYING THAT THE APPLICATION FOR AND USE OF EMS COUNTY GRANT FUNDS WILL IMPROVE AND EXPAND PRE-HOSPITAL EMS DEPARTMENT ACTIVITIES AND WILL NOT SUPPLANT EXISTING COUNTY EMS BUDGET ALLOCATIONS. WHEREAS, EMS Department Paramedics and Paramedic/Firefighters provide basic and advanced life support care and highly technical service to the citizens and visitors of Collier County; and WHEREAS, the purchase of equipment and provision of training classes shall greatly enhance the effectiveness of pre-hospital emergency medical care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The $157,253.00 in the EMS County Grant will be used to purchase medical/rescue supplies/equipment and training classes and these funds will not be used to supplant existing EMS Department budget allocations. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 'l/lJ day of t;)c7z;6"r ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA R~V~ ~~1'4'~'~Ifi'1fd'9:l1 ' .., $ \r~~)i~t:lrjj" :M 1- . . , . ,,(,~; '.. BY J~~m-"/1Iif' Approved as to form and legal sufficiency: ftem# JIt> ~( Attorney 1;- i i il - co ~. " '= 2 g <n '" "0 '" j EMS COUNTY GRANT ApPLICA TION FLORIDA DEPARTMENT OF HEAL TH Bureau of Emergency Medical Services Complete all items 10. Code The State Bureau of EMS will assi n the ID Code - leave this blank C 1. County Name: Collier County Board of Commissioners Business Address: 330t Tamiami Trail East Naples. FL 341 t 2 Telephone: (239)77'-8459 Federal Tax 10 Number (Nine Digit Number). VF 59.6000558 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other iegal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and corr I. My sig ture acknowledges and assures that the County shall comply fully with the condition lined i e F E County Grant Application. Si nature: Date: D ',) It' I Printed Name: J e Position Tille: 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.) Name: JaftPaga Position Tille: Chiaf,EmergencyMedicalSBlVices Address: 2705 So_Horsesiloo DrivB,Suite202 Naples,Fl34104 Telephone: (239)n4-8459 I Fax Number: (239)775-445' E-mail Address: JeffPage@colliergov.net 4. Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre-hospital EMS system and will not be used to supplant current levels of county expenditures. 5. Budget: Complete a budget page(s) for each organization to which you shall provide funds. List the organization(s) below. (Use additional pages if necessary) Medical Equipment/Supplies $72,253 Training $15,000 Medical/Rescue Equipment $70,000 DH Form 1684, Rev. June 2002 ATn~l: 3 CLf::R.K '_'m____._m._.___~.__ ._.__._ .__.....,_"__._._.._ BUDGET PAGE A. Salaries and Benefits: For each position title, provide the amount of salary per hour, FICA per hour, other fringe benefits, and the total number of hours. Amount TOTAL Salaries TOTAL FICA Grand total Salaries and FICA 000 B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature eXcludinq expenditures classified as operatinq capital outl<lYisee next cateqory). List the item and, if applicable, the quantity Amount Medical Equipment/Supplies 72,253 Training 15,000 TOTAL $ 87,253 c. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of one (1) year or more. List the Item and, If applicable, the quantity Amount Medical/Rescue Equipment 70,000 TOTAL $ 70,000 Grand Total $ 157,253 DH Form 1684, Rev. June 2002 4 FLORIDA DEPARTMENT OF HEAL TH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(a), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre-hospital EMS. DOH Remit Payment To: Name of Agency: Collier County Board of Commissioners Mailing Address; 3301 Tamiami Trail East Naples, FL 34112 Federal Identification number Fed I ! (; f I ~ i Authorized Official: D te James Coletta, Chairman Type Name and Tille Cl.ERK Sign and return this page with your application to: to form & legal sufficiency Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-1738 ,/ Deputy Cle Attest as to a..JI"IIM , 5 !qmltlJf' 'on ..' Do not write below this line. For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant ID: Code: Approved By : Signature of EMS Grant Officer Date State Fiscal Year: Oraanization Code 64-25-60-00-000 E.O_ N OCA N2000 Obiect Cade 7 Federal Tax ID: VF _________ Grant Beginning Date: October 1, Grant Ending Date: September 30, DH Farm 1767P. Rev. June 2002 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 F I THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUM: . 0\ Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board OtIice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or intormation needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line throul!h routin!! lines # I throueh #4, comDlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. --.----.------- 2. ------.--"- -----_.~._-- - 3. ._~-~,_.- 4. --- 5. Sue Filson, Executive Manager Board of County Commissioners 1i/9!c") (1/1(, 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one oFthe addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the Bee Chairman's signature an: to be delivered to the BCe ot1'ice only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number '\\,,;1 L Ie (' I )(i J Ie) qlci A. (c(',)\", I' Agenda Item Number :.\.. \1_'1_ n"! i(! Number of Original Documents Attached C/17-'{r,( )')- lito r'~ -T lit'ec \. INSTRUCTIONS & CHECKLIST h ,h lei Yes (Initial) 111/ I he. ( lie '1 c ' 'tiC ( fIe (li'k:~ (" ("- L Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a 1'0 riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception ofmo,t letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all pmties exeept the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attomey's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the fmal ne otiated contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BeC on lC," {',' (enter date) and all changes made during the meeting have been incorporate in the attached document. The Count Attorne 's Office has reviewed the chan res, if a llicable. I: Forms! County Formsl nee Fomls! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. ~ , 16 F 6? MEMORANDUM Date: October 10, 2007 To: Christine Chase Emergency Management From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Emergency Management Program Enhancement Enclosed please find one (4) copy of the above referenced document, (Agenda Item #16F2), approved by the Board of County Commissioners on Tuesday, October 9, 2007. Please forward to the FDEM for the required signature and return a fully executed original to the Minutes & Records Department. If you should have any questions, please call 252-7240. Thank you. Enclosure (4) 16 F ;( Contract Number: 08-BG-24-09-21-01-_ CSFA Number: 52008 CFDA Number: 97.042 STATE AND FEDERAllY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this Agreement NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget, Attachment A, and Scope of Work, Attachment B and B-1, of this Agreement (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. (3) PERIOD OF AGREEMENT. This Agreement shall begin October 1, 2007 and shall end September 30, 2008, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement Notwithstanding the foregoing, any budget changes which do not increase the overall cost of the project or change the Scope of Work do not require a written modification to this Agreement (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal .common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational 16F~ " Institutions," or OMB Circular No A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records upon request The Recipient shall ensure that audit working papers are made available to the Division designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget, Attachment A, and Scope of Work - Attachment B and B-1, and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS For Federal Funds: (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2 16F0 (c) The Recipient shall also provide the Department and/or the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (I.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.usJ and Division of Emergency Management Bureau of Policy and Financial Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 3 16F~ The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10'h Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (I) Pursuant to Section .320 (I), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management Bureau of Policy and Financial Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department and the Division pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (Iocai governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable 4 16 F Ol- regulations and Agreement provisions within thirty (30) days after the Department or the Division has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla Stat. The IPA shall state that the audit complied with the applicable provisions noted above The audit must be submitted to the Department and the Division no later than nine (9) months from the end of the Recipient's fiscal year. For State Funds: (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Florida Statutes, it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Division by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes. and 5 16F~ - ~. Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (I.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities. Additionai information on the Florida Single Audit Act may be found at the following website: http://www.state.fl.us/fsaa/statutes html. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directlv to each of the following: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 An electronic copy shall also be submitted to the above office at the following address: aurilla. parrish@dca.state.fl.us. and Division of Emergency Management Bureau of Policy and Financial Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 6 16F~ ~ The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department and the Division pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Ruies of the Auditor General, as appiicable. 5. Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, shouid indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (I) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be heid liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Florida Statutes by an independent certified public accountant (IPA) who shall either be a certified public accountant or a pubiic accountant iicensed under Chapter 473, Fiorida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Division. 7 16 F J- (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due forty-five (45 days) after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional reports and information as identified in Attachment D (such additional program updates, reports or information as may be required by the Division). (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment B and B-1 to this Agreement, and reported in the semi-annual and end of the year progress reports. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Division harmless against all claims of whatever nature by third 8 16F ~ , parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United 9 16F _2 States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Commence an appropriate legal or equitabie action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligibie; (e) Require that the Recipient return to the Division any funds which were used for ineiigibie purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and reguiations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disciosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results 10 16F~ commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement (d) In the event that this Agreement is terminated, the Recipient will not incur new obiigations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient wiil cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of iiability to the Division by virtue of any breach of Agreement by the Recipient The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement (b) The name and address of the Division contract manager for this Agreement is: Jenene Helms Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-413-9920 Fax: 850-488-7842 Email: ienene.helms@em.mvflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dan Summers Collier County Emergency Management 3301 Tamiami Trail East; Bldg. F Naples, Florida 34112 Telephone: 239-774-8000/8445 Fax: 239-775-5008 Email: DanSummers@collierqov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. 11 16F:l. ~ (14) SUBCONTRACTS If the Recipient subcontracts anv or all of the work reauired under this Aareement. a copv of the executed subcontract must be forwarded to the Division for review within ten (101 davs of execution. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (Ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget Attachment B and B-1 - Scope of Work Attachment C - Program Statutes, Regulations and Program Requirements Attachment D - Reports Attachment E - Justification of Advance Attachment F - Warranties and Representations Attachment G - Certification Regarding Debarment Attachment H - Statement of Assurances 12 16FJ. 1'1 (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $102,959 subject to the availability of funds. (b) By its execution of this Agreement, the Recipient authorizes the Division to pay on its behalf $2,847 for the recurring charges for the satellite communications service from the total allocation provided to Recipient of $1 05,806. (c) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. X No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a quarterly reimbursement basis. Additional reimbursement requests in excess of those made quarterly may be approved by the Division for exceptional circumstances. An explanation of the exceptional circumstances must accompany the request for reimbursement. The Recipient agrees to expend funds in accordance with the Budget, Attachment A, and Scope of Work, Attachment B and B-1 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer, State Office of Planning and Budgeting and Budgeting or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Division. The amount of funds available pursuant to this rule chapter (Rule Chapter 9G-19.011, Florida Administrative Code) may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Any requests received after November 1, 2008, may, in the discretion of the Division, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. 13 16Fc2 Changes to the amount of funding to be provided may be accomplished by notice from the Division to the Recipient, in the form of certified mail, return receipt requested. The Division may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested. These additional funds may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph (13), above. Should the Recipient determine it does not wish to accept the award of additional funds, then the Recipient shall provide notice to the Division contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall provide to the Division its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon the Division's receipt of the written notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional funds. The budget form will be provided by the Division when the offer of additional funds is made. All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Division that are not expended in implementing this program shall be returned to the Division, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. Allowable costs shall be determined in accordance with appilcable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011, Florida Administrative Code). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with Rule Chapter 9G-19, Florida Administrative by its execution of this Agreement, and as a condition precedent to receipt of funding. 14 16F~ Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-federal funds. Should the Recipient wish to carry forward into the fiscal year beginning October 1, 2007 any unspent funds awarded under this Agreement, the Recipient must request such carry forward of funds in writing with accompanying documentation detailing the exceptional circumstances requiring the need to the Division by June 30, 2008. At the Division's discretion, an amount not to exceed an amount equal to 25% of the initial amount awarded ($105,806) may be carried forward under this Agreement Failure to timely submit information, or failure to submit complete information, may result in the denial of a request to carry funds forward. Any carry forward amounts approved will be added to the Recipient's base Agreement for the following year. Funds may not be carried forward for the purpose of paying salaries and benefits of regular or Other Personal Services personnel. Such salaries and benefit funds may be carried forward to cover contractual or other temporary personnel costs for non-recurring projects only. All payments relating to the Agreement shall be mailed to the following address: Collier Countv Board of Commissioners c/o Department of Emeroencv Manaoement 3301 Tamiami Trail East F-1 Naples, FL 34112 (18) REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat, if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. 15 16F~ (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in 16 16F~ '1 excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Division prior to the Recipient entering into a contract with any prospective subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (I) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof U) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. 17 1 (, rCQ (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 USC. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INN)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 27 4A( e) of the I NA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (0) Unless inconsistent with the public interest or unreasonable in cost, all unmanufactured and manufactured articles, materials and supplies which are acquired for public use under the Agreement must have been produced in the United States as required under 41 U.S.C. 10a. (p) This Agreement may not be renewed or extended. (21) LOBBYiNG PROHIBITION (a) No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall ]8 16F~ complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly This certification is a materiai representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property 19 16F~ . ., exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment H 20 16F~ IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recioient: COLLIER COUNTY BOARD OF COUNTY COM ISSIONERS By: IC rile.' Date: FEID# 59-60000558 ATTEST: Dwight E. Brock, Cierk By:. "-- ~ ~ Attest aa~. CJlt ,. $lgn4tur. on 1. Approved as to Form and Legal Sufficiency I sistant County Attorney ,"." ) STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: Name and Title: W. Craia Fuaate. Director Division of Emeraencv Manaaement Date: EXHIBIT - 1 21 Item # \(0 .Pl... Agenda 1~\11 '07 Date ~ Dat~ lo'f D7 Recd 16f~ 1 . '1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING: Federal Program -0- (Federal funds will be awarded at a later date) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable at this time. Federal funds will be awarded at a later date within this contract year. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING: SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Project (list State awarding agency. Catalog of State Financial Assistance title and number) State Awarding Agency: Division of Emergencv Manaaement Catalog of State Financial Assistance Title: Emergencv Manaaement Proarams Catalog of State Financial Assistance Number: 52008 State Financial Assistance: $105,806 (less $2,847 for satellite service for 12 months) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOllOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code. Attachment A Budget 22 16F~ The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (17)(a), FUNDING/ CONSIDERATION). A seDarate budaet form for the Emeraencv Manaaement Performance Grant IEMPGI Dortion of this subarant will be Drovided when federal funds are awarded bv the Division Catel10rv AnticiDated EXDenditure Amount Salaries/Fringe Benefits $ 0 Other Personal Services $ 10,000.00 Expenses $ 79,959.00 Operating Capital Outlay $ 13,000.00 Fixed Capital Outlay $ 0 Total State Funds (Page 13) $ 102.959.00 Attachment B and B-1 Scope of Work 23 16F;< Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient is at a varying ievel of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its Emergency Management Program. As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items approved by the Division and attached hereto as Attachment B-1. Subsequent revisions during the term of this Agreement shall done by written modification in accordance with Paragraph (4) of this Agreement. Attachment C Program Statutes, Regulations, and Program Requirements 24 16 F 9> Prooram Statutes 1. Chapter 252, Florida Statutes 2. Rule Chapters 9G-6, 9G-11, 9G-19 and 9G-20, Florida Administrative Code 3. Section 215.97, Florida Statutes 4. Chapter 287, Florida Statutes 5. Chapter 119, Florida Statutes 6. Chapter 112, Florida Statutes 7. OMB Circular A-87 8. OMB Circular A-133 9. 48 CFR, Part 31 Prooram Reouirements (1) EQUIPMENT AND PROPERTY MANAGEMENT The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station and related equipment (hereinafter "the Equipment"). The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1) the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("HNS"), and the Division, (a copy of which is available from the Division) regarding the procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Division) (hereinafter, collectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Division, the Recipient and other sites. In particuiar, the Recipient agrees: A That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Division's State Warning Point (SWP) (850) 413-9910. 25 16 f ;J,. .. 1<'\1 B. That the Recipient will assist and comply with the instructions of the SWP and any technical service representative responding to the report or service request. Recipient's personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Division. D. That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment and reiated areas and locations of the Recipient's facilities and premises, and will arrange permitted access to areas of third-party facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service representatives and others performing said work shall comply with the Recipient's reasonable rules and regulations for access, provided the Division is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure insurance. The Division agrees to procure and maintain all risks insurance coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its intended use. The Recipient shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. F. That any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) 26 16F~ and/or the Division's vendor(s). The use of one copy of said software is subject to a license granted from HNS to the Department, and a sublicense from the Division to the Recipient, to use the software solely in the operation of the Equipment, to commence on delivery of the software to the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i) copy or dupiicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment The Recipient shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. H. The amounts retained for the satellite service cover the initial order for services provided to the Division pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers oniy the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: 1. Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes externai to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the Recipient by the Division under this Agreement, or from any cause other than intended and ordinary use. 2. Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. 3. Deinstallation, relocation, or removal of the Equipment or any accessories, attachments or other devices. 27 16F~ The Recipient shall be independently responsible for any and all charges not part of the initial service order. (2) NAWAS In the event the Recipient desires to continue use of the National Warning System (NAWAS) line, then the Recipient shall assume all operational and fiscal responsibility for the NAWAS line and equipment in the County. (3) VEHICLES Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division has no obligation to honor such reimbursement request. Any trade- in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMPA) Base Grant expenditures. (4) PROPERTY MANAGEMENT/PROCUREMENT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-102 - Common Rule. (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures. 28 16 F ;z : :~'l (5) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code, Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, pubiic works or other services outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabiiities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP). (c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA). (d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time Director consistent with Rule 9G-19.002(6), Florida Administrative Code. 6) OTHER CONDITIONS (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a ievel equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty-five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Division. (b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to educate the public about the Emergency Management Program is allowable. 29 16F~ itil (c) Food and beverages may be purchased for Emergency Management personnel and other personnel onlv if the Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat. (d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency management program provided in 5.252.38, Florida Statutes. Attachment D 30 16 F ~ :,~ Reports A The Recipient shall provide the Division with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Division's Area Coordinator, and a final close-out report, all in a format to be provided by the Division. B. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to the Division no later than thirty (30) days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are December 31, March 31, June 30 and September 30. C. The final close-out report is due forty-five (45) days after termination of this Agreement D. In addition to the above, in order to ensure compliance with Rule 9G-19.011, Florida Administrative Code, historical budgetary information relating to the Recipient's Emergency Management Program is also required. This information shall be developed based on guidelines provided by the Department and shall be submitted to the Division not later than December 31,2007. The Historical Information form must be oreoared and sianed bv an official of the Countv's Finance Office. E. In a format provided by the Division, a proposed staffing summary shall be submitted to the Division not later than December 31,2007. F. If all required reports prescribed above are not provided to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (10), (11) and (12), and Rule 9G-19.014, Florida Administrative Code. "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. G. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Division. 31 16 F..< I 'i-I H. All report formats provided by the Division shall be made available to the Recipient on the Division's Internet site and a hard CODV will be mailed with a fullv executed CODV of the AQreement 32 16r--< Attachment E JUSTIFICATION OF ADVANCE PAYMENT Recipient: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. , , , , ,[ xl NO ADVANCE REQUESTED ' , , , , . No adva-nce payment is- requesied - - - - - - -: , , Payment will be solely on a reimbursement ' , , ,-------------------------------------------, , , ,[ ] ADVANCE REQUESTED , , : Advance payment of $ is requested. Balance of : payments will be made on a reimbursement basis. These funds are 'needed to pay staff, and purchase start-up supplies and equipment. We : ~()~I~ ~ot ~~ ~~l~ l? _o!,~r~t: ~h_e l':o_~a~_ ~i~t:o~~ t~i.:' ~~v_a~,:e: _ _ _ _ _ . ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet DESCRIPTION (A) FFY 2005 (B) FFY 2006 (C) FFY 2007 (D) Total 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) 1 First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ Cell D3 EMPA Award (do not include match) = MAXIMUM ADVANCE 33 16f~ .~)O REQUEST FOR WAIVER OF CALCULA TED MAXIMUM [ ] Recipient has no previous EMPA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 2007-2008 Anticipated Expenditures for First Three Months of Contract SalarieslOPS Program Expenses TOTAL EXPENSES Explanation of Circumstances 34 16 F;< ~ Attachment F Warranties and Representations Financial ManaQement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used soleiy for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant (6) Accounting records, including cost accounting records that are supported by source documentation. Comoetition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that 35 16F.;t. develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate famiiy, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Licensino and Permittino All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the partiCUlar work for which they are hired by the Recipient. 36 16F;2.'1 Attachment G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federai department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name Name and Title DEM Contract Number Street Address City, State, Zip Date 37 16i~' 2 ..' Attachment H Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMS Circulars No. A-21, A-11 0, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themseives or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) 38 16 F;{ ~ requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion In the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with ali requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of 39 16f ~ Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13, In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 40 16F3 . MEMORANDUM Date: October 17, 2007 To: Lyn Wood, Purchasing Agent Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #06-4007 "2006 Tourism Marketing Services Agreement between Collier County and Paradise Advertising and Marketing" Contractor: Paradise Advertising Marketing, Inc. Enclosed please find three (3) copies of the original documents as referenced above, (Agenda Item #16F3) as approved by the Board of County Commissioners on Tuesday, October 9, 2007. The Finance Department and Minutes & Records Department have retained a copy. [fyou should have any questions, please contact me at 252-7240. Thank you. Enclosures (3) -~-_..". ."...--.-....-,.,., -. - .,.~.._>--~ -~ -"'._-~"~'-"._'''..' ~.~., -_...~.- "-,,_,,,_'-_....',-'- ---'--'-~--'--'-_.'- --- 16r:-3 lol~lv1 ,lt.. L 3 H1 .,,~ , Ii ITEM NO.: ,'): -,\ i:'ii I" DATE RECEIVED: r\.,l~o,U^"Q\HQ Ol;f"'T FILE NO.: 07- PRe - O() 7b 7 i~, r' I : I : r':".' ROUTED TO: . \Q'Y \0 \\\ \ REQUEST FOR LEGAL SERVICES r#- ~~vl ObI 2007 L-- '1(\ \ . ~ J.YL vJ....o. r ' I> cto er I , 0-- ~ ~tjA. . rV (,,-"t-" l-i t'V Heidi Ashton .1Y'J- L tY rf\Y\y1i'-o^" 1- l _ /l N 1'. oJ-' ,.1'-.). Assistant County Attorney vi" n (.) i'i V- . I V- _/1 ,_ "\ vV-- LP rJ-' ( f' ' ~V' ~ (I~l r\ Lyn M. Wood, C.P.M. 7'(/' 10'1, (A :\0 . C Iv pC Contract Specialist 1/ (~ JI\. q. '6 - i? l JvY 252-2667'1 v~xvv- (L t @ ( {X Contract Amendment #1 for 06-4007 "2006 Tourism Marketing Services 0 Agreement between Collier County and Paradise Advertising and Marketing" Contractor: Paradise Advertising Marketing, Inc. DO NOT WRITE ABOVE THIS LINE Date: To: From: Re: BACKGROUND OF REQUEST: This contract was approved by the BCC on October 10, 2006; Agenda Item 10.0 This item has not been previously submitted. ACTION REQUESTED: Contract amendment review and approval. OTHER COMMENTS: This amendment is allowed under the present contract. Please forward to Purchasing for signature after approval. Ifthere are any questions concerning the document, please \ contact me. Thank you. C: Jack Wert, Tourism !k( d~/ / C C' ULt/ J-LLrlt':> ft . {/{~L Iy {, (~ /1'--' tUYlUA<-P; ~~ /U!t.J (~... 1I:.o:;:d2Ua~;z. . / {/J Cie-J.-;j (7- ~ if i I '------.-. --~..~--_..""...._'~~.._---._,-->~-".._._-;._-_._--,.-.'---_..,,~'=-~"---"..-~-,---,_.~._----,--- 16 F 31' FIRST AMENDMENT 2006 TOURISM MARKETING SERVICES AGREEMENT (CONTRACT #06-4007) BETWEEN COLLIER COUNTY AND PARADISE ADVERTISING AND MARKETING, INC. This First Amendment to the 2006 Tourism Marketing Services Agreement, made this CJ1I.. day of Q(hM/ ,2007, (hereinafter referred to as "First Amendment"), is entered into by and between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as "COUNTY"), and Paradise Advertising and Marketing, Inc. (hereinafter refeITed to as "CONTRACTOR"). WIT N E SSE T H: WHEREAS, the COUNTY and CONTRACTOR entered into a 2006 Tourism Agreement dated Octobcr 10,2006 (the "Agreement") with CONTRACTOR; and WHEREAS, the COUNTY and CONTRACTOR desire to further an1end the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premIses and mutual covenants hereinafter set forth, the parties agree as follows: I. Section 4 of said Agreement is hereby deleted in its entirety and the following paragraph is inserted in its place: AGENCY FEE. For regular and emergency advertising, the County agrees to pay the Contractor a fee of Twenty-Five Thousand Dollars ($25,000.00) per month based upon a total al1l1ual fee of Three Hundred Thousand Dollars ($300,000.00) as consideration for all professional time devoted to account administration, clicnt mectings, strategic plwming, media planning, media negotiation, media placement, broadcast traffic w1d billing. All media w1d production costs for regular and emergency advertising, including but not limited to, creative and outside vendor costs up to an aggregate of Two Million Dollars ($2,000,000.00) annually will be billed to the County at net, so that thc County receives W1Y available agency discount. Media or production billing for regulw. w1d emergency adveIiising over an aggregate of Two Million Dollars ($2,000,000.00) annually will be added by change order and will be billed at gross, reflecting a commis.sion of fifteen percent (! 5%) payable to Contractor. The Contractor fec will be bill cd on thc first day of each month beginning October I, 2006. The County Musewn advertising budget is One Hundred Twenty Thousw1d Dollars ($120,000.00) and will be billed at gross, reflecting a Contractor commission of fifteen percent (! 5%). All charges for advertising, production, photography, on-line production design, printing, direct mail, audiovisual production services, marketing research and museum promotional activity will be estimated by the Contractor and authorized in writing by the Tourism Director or his designee and billed on a project basis. Out-of~pocket cxpenses will be billed at net. The Contractor agrees, if requested by the County, to provide emergency pro bono publicity and public relations services, up to Six Thousand Dollars ($6,000.00) in staff time on W1 wmual basis. Additionally, the Contractor will make publicity and public relations services over and above the emergency budget availablc on an as-needed basis, estimated in advance on an estimate fom1 and submitted to the Tourism Director, or his designee, for prior written approval before expenses are incurred. "--'_~.,.____~.c_.._.__ 16F3ji' IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED,,~.~~ n 2M7 .~ . A TTijf; 1 : , : '. 0" ',..... -, DWlGHT E.BR'OC~ Clerk 'OiiIJ'. 't..,'..,. ..:.... '.; _~:.. .~ . 1 -~', - ~ '. ,.: j";' -. . ",-' ,~ ,- , . ..-:,.. ".' - :." .~..:.. .',. '. . /.;,/ .... 0 At st .,'th"dhll 'lQ11atu,.t 001- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RYJAdd&l Approved as to form and legal sufficiency: [ J. at ;1e/(o Heidi A~-Cicko Assistant County Attorney (1) signature 0 ,.Aslll\ul ,SId f'J printedrryp~N;;me CONTRACTOR: PARADISE ADVERTISING AND MARKET INC. (2) ( 'c,t 2-if~..: > s;grn..1Ur,\ ) By: C 2.((.tV? )-1t--;.17l-?7--- CEDAR HAMES, President -'~. ( v. \ ' ". ",( :...,\--< I-h .) ,.......JL \ Printedrryped Name CP:TDC\I" Amend 2007 Paradi,;r; Advertising & Marketing, Inc. Item # I (g.(7~ ...-~.__.~~-- 16 , ,~ . BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 9, 2007 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: I. North Navies Fire Control and Rescue District: Operating Budgetllmpact Fee Budget/Inspection Fee Budget 2007-2008; Basic Financial Statements Together with Rep0rts of Independent Auditor - Year Ended September 30,2006; District Map; Registered Office and Agent Lettec 2007/2008 Meeting Schedule. 2. Immokalee Water & Sewer District: Budget of Fiscal Year Ending September 30,2008. 3. Collier Soil & Water Conservation District: Proposed Budget FY 2007/2()()8; Public Facilities Report 2007; Outstanding Bonds Letter; FY 200712008 Meeting Schedule; List of Current Board Members; Annual Local Government Financial Report FY 2005-2006; Basic Financial Statements Together with Reports of Independent Auditor Year Ended September 30. 2006. B. Minutes: 1. Conservation Collier Land Acquisition Advisorv Committee: Minutes of July 9, 2007. 2. Collier Count v Historic & Archaeological Preservation Board: Agenda for September 19, 2007; Minutes of August 29, 2007. 3. Collier Countv Planning Commission: Agenda for September 20. 2007: Minutes of August 8, 2007; Minutes of August 2,2007. C. Other: I. Fire Review Task Force: Minutes of August 7, 2007. H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\100907 misc corr.doc l6tl AI _ ,'" MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: September 24, 2007 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. North Naples Fire Control and Rescue District North Naples Fire Control and Rescue District has submitted the following items: a. Resolution 07-029 of the North Naples Fire Control and Rescue District, adopting the final millage rate for fiscal year 2007-2008. b. Resolution 07-030 of the North Naples Fire Control and Rescue District, adopting the final impact fee rates for fiscal year 2007-2008. c. Resolution 07-031 adopting the final budget for the fiscal year 2007-2008 for the General Fund and the Inspection Fee Fund. d. Resolution 07-032 adopting the final budget for the Impact Fee Fund for fiscal year 2007- 2008. e. Copy of the budget for the fiscal year 2007-2008 for the General fund, Impact Fee fund, and the I nspection Fee fund for the North Naples Fire Control and Rescue District. Thank you Ispecial\special Mlec. Cane: OIII:~ !tIm t:J..!iL1.iA). \ Copies to: J. Christopher Lombardo, Chairman Margaret Hanson, Vice Chairman Paul J. Moriarty, Sr. Treasurer James Quigley, Commissioner John O. McGowan, Commissioner 161 1 A l 1885 Veterans Park Drive Naples, FL 34109 (239) 597-3222 Fax (239) 597-7082 North Naples Fire Control and Rescue District September 20. 2007 Mr. Derek Johnson, General Accounting Manager Clerk of the Circuit Court. Finance Department Court Plaza III 2671 Airport Road South Naples, FL 34112 Re: Special District Reporting Information Dear Mr. Johnson. Enclosed please find the following I. Copy of Resolution 07-029 of the North Naples Fire Control & Rescue District, adopting the final millage rate for the fiscal year 2007-2008. 2. Copy of Resolution 07 -030 of the North Naples Fire Control & Rescue District. adopting the final impact fee rates for the fiscal year 2007-2008. 3. Copy of Resolution 07 -03 I adopting the Final Budget for the fiscal year 2007-2008 for the General Fund and the Inspection Fee Fund. 4. Copy of Resolution 07 -032 adopting the Final Budget for the Impact Fee Fund for the fiscal year 2007-2008. 5. Copy of the Budget for the fiscal year 2007-2008 for the General Fund, the Impact Fee Fund and the Inspection Fee Fund for the North Naples Fire Control & Rescue District. If you require any additional information. please contact me at the above number. Very tml y yours, tf~ OOf~ BECKY POGAN Assistant Chief of Administrative Services Enclosures BJP/bp J. Christopher Lombardo, Chairman Margaret Hanson, Vice Chairman Paul J. Moriarty, Sr. Treasurer James Quigley, Commissioner John O. McGowan, Commissioner 161 1 A I 1885 Veterans Park Drive Naples, FL 34109 (239) 597.3222 Fax (239) 597-7082 North Naples Fire Control and Rescue District September 20. 2007 ~~... ~~"" ,1 Board of County Commissioners 3301 Tamiami Trail East Building F Naples. FL 34112 To the Board of County Commissioners. Enclosed please find the following: I. Copy of Resolution 07 -029 of the North Naples Fire Control & Rescue District, adopting the final millage rate for the fiscal year 2007-2008. 2. Copy of Resolution 07 -030 of the North Naples Fire Control & Rescue District. adopting the final impact fee rates for the fiscal year 2007-2008. 3. Copy of Resolution 07 -031 adopting the Final Budget for the fiscal year 2007.2008 for the General Fund and the Inspection Fee Fund. 4. Copy of Resolution 07 -032 adopting the Final Budget for the Impact Fee Fund for the fiscal year 2007 -2008. 5. Copy of the Budget for the fiscal year 2007-2008 for the General Fund, the Impact Fee Fund and the Inspection Fee Fund for the North Naples Fire Control & Rescue District. If you require any additional information, please contact me at the above number. Very truly yours, ~~O~ BECKY POGAN Assistant Chief of Administrative Services Enclosures BJPlbp MIle. CanIs: 0811: Item t: Copies to 161 1 ~ COpy RESOUTlO:'li 07-029 A RESOUTIO:'li OF THE :'IiORTH :'iAPLES FIRE CO:'iTROL & RESClE D[STRICT OF COLLIER COl"iTY FLORIDA, ADOPTl:\G THE F1"iAL LEVY OF AD VALORE}! TAXES FISCAL YEAR 2007-2008, PROV!D[:'iG FOR A:'i EFFECTIVE DATE. \VHEREAS, sections I and 3 ot"the '-,orth l\iaples Fire Control & Rescue District's Charter within section 3 of chapter 99-450. Laws of Florida, authorizcs the North '-:aples Fire Control & Rescue District to levy an ad valorem taxation on propertv within its boundaries in Collier County in an amount not to exceed I mills: and WHEREAS, the North Naples Fire Control & Rescue District on September 19,2007 adopted Fiscal Year 2007-200S Final Millage Rate following the public hearing required by section 200065. Florida Statutes: and WHEREAS, the gross taxable value tOt operating purposes not exempt from ad valorem taxation within the t\iorth Naples Fire Control & Rescue District has been certified by the Collier County Property Appraiser as S28,890,656,236: "iOW, THEREFORE, BE [T RESOL VED by the BOA.RD OF FIRE CO\EvIISSIOc.;ERS OF THE c.;ORTH '-,APLES FlRE CO\:TROL A"D RESCL'E orSTRICT of Collier County Florida, that the Fiscal Year 2007-200S operating millage rate for the North Naples Fire Control & Rescuc District is 1.00 mills per 51.000.00, which is greater than the rolled-back rate of 9432 mills per 51,000.00 by 602%. Such millage rate will be collected pursuant to the same manncr and form as county taxes. B![lbo 9"lr)-IJ- 16i 1 A \ RESOlLTlOl'< 07-029 SEPTE\IBER [9,2007 PAGE nvo OF THREE rhis resolution shall take crfect immediJtel) upon it:; ad'lptlOn The toregoing resolution was otTered b\ Commissioner .'f11\O r~ \~AI who mmed its adoption. The motion was seconded by Commissioner Th~ . and the Vote WJS as follo\\): Commissioner J. Chriswpher Lombal.do: Je:;...__ Commissioner \largaret Hanson: i-e5 'Ie.> Commissioner Paul 1. lvloriart\. Sr. Commissilmer James Quigley: _ Y-e5 Commissioner John \kGowan: 1-es Duly passed on this 19th day 01' September. 2007 b\ the Board of Fire Commissioners of the l\orth \iapks Fire Control and Rescue District. :\ORTJL-~APLES-F"i.U'-COl'''T-R.()l & RESCU DISTRICT // "'- ;./ . ~ // .. ... - - ~ ~ . ----~----'---_.-..---- ?; a /,7 ~()11'f~~is[OPher Lombardo. ChairmJ ~ -V~)., . /. 1.. /1 ._; II i _ L-tL 't-/?'~...._.:~/ /Lf-r.;.-v,......;:J_~;~ 7;J::::i,g"" f1;.,"," Vi" (h"'O"":/, ,,47 Commission r aul J. BJPbD c)-l'J-U'" , RE:SOLLTlO:'i 07-029 SE:PTE:\IBER 19,200; PAGE: THREE OF THREE C Commissioner Jo BWblJ Y-[')-IP - " w 161 1 A, 161 dtbpy RESOLLTlO:\ 07-030 A RESOLLTlO:\ Of THE :\ORTH :\APLES fiRE CO'iTROL & RESCLE DISTRICT Of COLLIER COL'iT't fLORIDA, ADOPTI'iG fI:\AL L\IPACT FEE RATES fOR fiSCAL YEAR 2007-2008, PROVlDI"iG fOR A'i EFFECTIVE DATE. WHEREAS, section ~ of. the \onh "'aples Fire Control & Rescue District's Chaner within section 3 of chapter 99--\50, Laws llf Florida. authorizes the Nonh "aples Fire Control & Rescue District tlJ assess impact fees lor capital improvements on new construction within ib boundaries. cmd WHEREAS, the calculation of lmpact fee ratcs assessed effective fllr the 2007-2008 tiscal ycar \vas based upon the most recent and localized data. as evidenced by the Fire Rescuc Service Impact Fee L'pdate Study dated January 2006: and WHEREAS, the accounting of the impact fee revenues and expenditures are provided for and reponed in a scpante and segregated special revenue fund entitled [mpact Fee Fund: and WHEREAS, Collier county collects the impact fees fllr the District and charges an administrative fee tll cover the COLmty . s actual costs ofsuch collection, pursuant to an lnterlocal Agreement dated September 25, 1990: and WHEREAS, the impact fees adopted b\ the Board of Fire Commissioners llf the \onh \apb Fire Control and Rescue Distrlct tor the 2007-2008 tiscal year are impllsed in cllmpliance \\ith Secti\Jn 163.31~01, Florida StalUtes: and g:p bp ':';-\')-'J- 161 lAI RESOLlTlO:\; 07-030 SEPTDIBER [9,2007 PAGE TWO OF THREE WHEREAS. the impact fee uteS cldoptd b, the Board of rire C'lrnmissioncrs were adopted at a Public 'v1ecting held on September 19.201)': \'OW, THEREFORE, BE IT RESOLVED b) the BO.-'\RD OF FIRE CO'vI'vlISSIO\FRS 01: THE \ORTH \.\PLES rlRE CO\TROL .\\0 RESCLE DISTRICT of Collier County Florida, that charges for impact fees of $28 per square foot llf ddined living area for residential development and S99 per sqlme t(Jot of useable area for commercial and industrial stmcturcs as defined in section 8 of the \orth t'iaples rire Control & Rescue District's Charter within section 3 oi'chapter 99-450, Laws of Florida arc adopted. \0 reduction in the assessed impact fee charge is authorized. rhis resolution shall take effect immediately upon its adoption \"" I The foregoing resolution was 'ltkred b) Commissioner' j \D r\~rt\! , who moved its adoption. The motion was seconded by Commissioner if'" ,I L~ \j\o\e~ ...,j , and the Vote was as follows: Commissioner Paul 1. Moriart), Sr. \fes Yes 'les Commissioner 1. Christopher Lombardo Commissioner \largaret Hanson: ,/ Commissioner James Quigle,: Yf'S Commissioner John 'v!cGowan 'f t'S Duly passed on this 19th dal ot. September, 2007 by the Board ot. Fire 3W hp -J-li-;-j~ 7 161 RESOU.T10'i 07-030 SEPTDIBER 19,2007 PAGE THREE OF THREE Commissioners of the "orth ';aplcs Fire Control and Resclle District. 1 A I l\ORTH "iAPLES FIRE CO'\TROL & RESCUE DISTRICT ~- .'.-.-.-.-...- - -.-.- C l'Q[l2issioner 1. CjJ.r.i8t0j5T-ler LombJrdll, Chairman .~, / ,~.. I, ......_-, J / {" < ~,/)O_-..J- /<C-f-d_ .~'----" -'-. CO~'i,""~I",g",,, H,"'''''_ Vice rlmi,m,,, Commission~r Pall \\ Lft~mlssi dJ'1 b:,)-: ,}-,}~ c>;:-:> I ~~(/ 9 If;:; 16 LJ..L 1(.. .b/ .,\., ,/ " . p',1 j i '_ ' " .'~1 , i; l ! i RESOLlTIO:\ 07-031 A RESOLlTIO:\ OF THE :\ORTH i\APLES FIRE CO!'.TROL & RESCTE DISTRICT OF COLLIER COl''in FLORIDA. ADOPTI'iG THE FI:\AL BUDGETS FOR THE GE'iERAL Fl'iD A\'O I\iSPECTlO:\ FEE Fl':\D FOR FISCAL YEAR 2007/2008; PROVIDI:\G FOR A\i EFFECTIVE DATE. WHEREAS, the '\iorth :\aplcs Fire Control & Rescue District of Collier COLmt,. Florida, on September I 9, 200~ held a public hearir,g as required bv Florida Statute 200065: and \VHEREAS. the \;orth \;aples Fire Control & Rescue District of Collier County, Florida. set forth the tinal appropriations in the amount of $27, I 08,500 and tinal revenue estimates in the amount 01'$28.202.048 for the General Fund t(lr the Fiscal Year 20()7-2008; and WHEREAS, the '\iorth \aples Fire Ccl!1trol & Rescue District of Collier County, Florida. set forth the lin,t! appropriations in the amount 01.$1.079.340 and final revenue estimates in the amount ofS910,OOO for the Inspection Fee Fund for the tiscal year 2007-2008: '\OW, THEREFORE, BE IT RESOL VEO by the BOWD OF FIRE CO\I\[[SSIO"ERS OF THE \lORIf-1 r\APLES FIRE CO"TROL\:\D RESCUE DISTRICT of Collier COlmty Florida, that I. The Fiscal year 20072008 Final Budget for the General Fund be adopted. 1 The Fiscal ,ear 20072008 Final Budget for the Inspection Fee Fund be adopted. This resolUEion shall take elT"ct immediately upon its ad,lPtion. J:r bp'-l'i-' 161 RESOLLTIO,," 07.03\ SEPTEMBER 19,2007 PAGE TWO OF THREE The furegoing resolution WCb ofkred b\ Cummissiuner ~r@'C1 who moved its aduplion. 1...:' , I The motion was seconded b\ Commissioner ......1' \Or(N~1 , Vote \vas as fullows: \f-L>c Commissioner J. Christopher Lumbardo: I L....) Commissioner Margaret Hanson: \I-eS__ Commissloner PaLl! 1. \\oriarty. Sr.: 'f'f'S .\( Commissioner James ()ui~k\: fe~ _ .--.-l.._~_ \1 Commissioner John \!cGLl\\an: le..s Duly passed on this 19th day of September. 2007 by the Board of Fire Commissioners of the North Naples Fire Control and Rescue District 1 A \ , and the .. i\ORTH i\-\PLES FIRE CO:\TROL & RESCUE DISTRICT '. '7' " / . -----:>~- - ~ ~~:~S~,~~i~~ba;d: c~airm;r~(k,7 , Ill..? // :." /~! -, ~ /' I (~/,-"-j....""-~'''--- 9/7~? .. Treasurer lj]il.bp -J-: ,)_;1~ " 161 RESOLLTIO\ 07-031 SEPTDIBER 19, 2007 PAGE THREE OF THREE U' J/). , , ' \ ' f / \., ,. ./' -0,/ L-. 25-L' \ /~. / ;<'--' . ~--TT" I hllc;ll"\\ /7, , ~/' ( .. (.... '----'"' '----- H.!i' btJ ':)-l,)-;:'~ ) lA\ 161 1 A \ RESOLLTlO:'i 07-032 A RESOLLTlOi\' OF THE :'iORTH :'iAPLES FIRE CO:'iTROL & RESCTE DISTRICT OF COLLIER COC:'iTY FLORIDA, ADOPTI:'iG THE FI:'i\L Bl'DGET FOR THE I\IP\CT FEE Fl":'iD FOR FISCAL YEAR 2007/2008; PROVIDI:'iG FOR \:'i EFFECTIVE DATE. WHEREAS, the '\,orth '\apks Fire Control & Rescue District of Collier Coumy, Florida. on September 19, 2007 held a public hearing as requirc:d by Florida Statute 200,065; and WHEREAS, the "'orth Naples Fire Comrol & Rescue District of Collier County. Florida. set forth the tinal appropriations in the amount of S751.250 and tinal revenue estimates in the amount of S760,OOO for the Impact Fee Fund for the Fiscal Year 2007-2008. NOW, THEREFORE, BE IT RESOLVED b: the BOARD OF FIRE COI\I\lISSIONERS OF THE "OR TH '\.\PLES FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida, that the tiseal year 20072008 Final Budget for the Impact Fee Fund be adoptd. This resolution shall take dIcet immediately upon its adoption, The foregoing resolution was offered bv Commissioner .r' ~ \ \ '/ \. i \0 n?l. rl\/ i who moved its adoption. I lr-t\~ -0 i ~i2) "l1 The motion was seconded by Commissioner \" ote was as follow s: BJP [J:)9-1")-' COpy , and the 161 lA\ RESOLUTlO'li 07-032 SEPTnlBER 19, Z007 PAGE TWO OF H\O ,-J Commissioner 1. ChrislDpher Lombardo )' eS Commissioner Margaret Hanson: 'i f"5 . I \.:L.p " Commissioner Paul 1. \!l)riart~. Sf.. ........LL_...... Commissioner James Quigle\ 'Ies \( Commissioner John tvfcGo\\an res Duly passed on this 19th da~ or September, 2U07 bv the Board or Fire Commissioners oCthc l'\orth '\aplcs Fire Control and Rescue District. --------~._- - 'liORTH N.~rIRE CO'liTROL &'RIi.~CUE DISTRICT -~ ------ ~.~ ~. ~ --~- _ ~.- // . . opher Lombardo. Chair an '). . ~ .. d"-c'." ,,1 _~jn~ ~ ~J /c/ CommissioneNlargaret Hanson. Vice Chairmah ' ; Omml~?lo~F \~/ ", '1/IJh BI\' h;l cJ-,tj-'.J7 1 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT OPERATING BUDGET IMPACT FEE BUDGET INSPECTION FEE BUDGET 2007-2008 Final 2007-2008 BJP/bp 8.09.07/8.30.07/9.10.07 161 1 A r 07 -08 Final 161 OPERATING BUDGET IMPACT FEE BUDGET INSPECTION FEE BUDGET Board of Fire Commissioners North Naples Fire Control & Rescue District BOARD OF FIRE COMMISSIONERS J. Christopher Lombardo. Chairman Margaret Hanson, Vice Chair Paul J. Moriarty, Sr., Treasurer James Quigley, Commissioner John O. McGowan, Commissioner DISTRICT OFFICERS Michael L. Brown, Fire Chief John German, Assistant Chief Robert Metzger, Assistant Chief Becky Pogan, Assistant Chief Orly C. Stolts, Deputy Chief of Operations Joseph Hessling, Deputy Chief of Support Services Karl Reynolds, Deputy Chief of Life Safety and Prevention Jorge Aguilera, Deputy Chief of Emergency Medical Services Michael Swanson. Deputy Chief of Training BJP/bp 8.09.07/8.30.07/9.10.07 1 A \ 07 -08 Final 161 lAl GENERAL FUND-2007/2008 Amended Proiected Budaet Budaet 06-07 Sept. 30, 2007 2007 -2008 Balance Forward-Desionated 7,292,199 7,292,199 6,981,955 Balance Forward-Undesianated 938 503 938 503 136 209 Total-Cash Reserve CarrY Forward 8,230,702 8,230,702 7,118,164 REVENUE 1 Collier County Ad Valorem - 1 Mil 25,111,638 25,582,852 27,446,123 1 2 C.C.-Ad Valorem over 95% - 2 3 Interest-General 150,000 160,000 130,000 3 4 Interest-CD 285,000 335,000 200,000 4 5 Interest-Ad Valorem 10,000 34,550 10,000 5 6 Fire Watch Fees 65,000 20,000 30,000 6 7 Occupational Lic. Fees 37,350 57,000 50,000 7 8 Flow Test 7,500 8,145 7,500 8 9 Hvdrant Maintenance Fees 51,450 45,000 39,375 9 10 Inspec.-Thrust Blocks 100 1,500 100 10 11 Kev Boxes 8,772 7,000 9,750 11 12 Reinspection Fees 1,000 1,500 1,000 12 13 Rental-Cell & Primco 30,200 30,200 30,200 13 14 Station Rental-EMS & Other 26,310 40,000 30,000 14 15 Donations, Gifts, Grants 3,000 3,375 3,000 15 16 Disposition of Fixed Assets 42,000 16 17 Proceeds from Sale of Land 575,000 - 17 18 Proceeds from Debt 1.000,000 1,000,000 - 18 19 Misc. Revenue 75,000 15,000 15,000 19 20 Misc. Rev.-Refunds/Reimb. 100,000 115,000 115,000 20 20A Reimbursement - Training 40,000 20A 21 False/Malfunctioninn Alarm Fees 75000 45 000 45 000 21 TOTAL INCOME 27,612,320 27.543,122 28,202,048 Personnel Services 23 Salaries 10,873,538 10,650,986 10,576,328 23 24 Salaries~Prevention 672,052 550,405 592,235 24 25 Commissioners 30,000 30,000 30,000 25 26 On Call Pay 29,160 26,160 29,160 26 29 Prof. Pay 142,612 148,311 138,542 29 30 Prof. Pay-Prevention 600 4,050 7,200 30 31 Holidav 235,262 235,262 276,267 31 32 Overtime-Onerations 200,000 200,000 200,000 32 33 Overtime-Prevention 10,000 9,918 13,000 33 34 Overtime-Firewatch 65,000 28,219 50,000 34 35 Overtime-Spec. Teams 200,594 200,594 220,653 35 36 Overtime-Administration 25,000 32,968 25,000 36 37 Overtime-Beach Patrol 50,000 1,000 5,000 37 38 Overtime~Paramedjc Trainina 32,408 67,461 35,000 38 38A Overtime - Reimburseable Trainina 10,444 20,000 38A 39 Trainina Bonus 37,900 35,000 37,900 39 41 Vacation Pay 10,000 6,000 10.000 41 42 Sick Leave Pav 391,580 391,580 406,756 42 43 Sick Leave-Prevention 20,228 20,228 21,844 43 44 Social Security 937,497 937,497 916,466 44 45 Soc. Security-Prevention 51,078 43,610 49,780 45 46 Disabilitv Insurance 106,294 142,418 143,000 46 47 Disabilitv Ins.-Prevention 8,328 7,554 8,000 47 BJP/bp 8-24-Q7f8-28-07/9-1 0-07 07-08 Final 161 1 A I Amended Proiected Budaet Page 2 Budget 06-07 Sept. 30, 2007 2007 -2008 48 Life/Health Insurance 2,664,927 2,664,927 1,747,271 48 49 Life/Health Ins.-Prev. 100,485 137,997 100,999 49 50 Life/Health Ins.-Commissioners 61,296 66,510 56,999 50 50A Hlth. Insurance Run Out -07 Plan 300,000 50A 50B Health Savinas Account 300,000 50B 51 Worker's Comoensation 1,175,396 939,721 1,081,366 51 52 Worker's ComD.-Prev. 76,390 59,763 59,925 52 53 Retirement-FRS 864,698 962,259 1,011,955 53 54 Retirement-FRS-Prev. 36,269 46,809 54,494 54 55 Retirement-175 1,295,327 1,802,021 2,937,431 55 56 Retirement-175-Prev. 69,462 100,380 164,600 56 57 Retirement-Commissioners 4,959 4,959 5,093 57 58 RetiremenU Hlth Ins - Fire Chief 37,628 55,293 57,472 58 59 Unemplovment Insurance 1,000 - 36,373 59 60 EmDlovee Phvsicals 130,000 110,000 120,000 60 61 Retirement Recoanition 2000 1055 2000 61 Total Pers. Servo 20,648,968 20,731,359 21,848,109 OperatinQ Expenditures 62 BldQ., Liabilitv & Auto Insurance 205,811 248,886 298,738 62 63 Communications 67,250 76,716 35,000 63 64 T eleDhone 204,312 158,920 175,000 64 65 Utilities 168,000 152.962 162,962 65 Maintenance 66 Vehicle Maint 420,850 315,219 372,925 66 67 Blda. Maint. 312,563 292,299 265,000 67 68 Blda. Maint.-St. 40 3,700 15,000 8,000 68 69 Bldq. Maint.-St. 42 6,850 6,998 8,000 69 70 Blda. Maint.-St. 43 8,800 8,800 8,000 70 71 Blda. Maint.-St. 44 51,000 25,081 38,000 71 72 Blda. Maint.-St. 45 82,500 52,084 8,000 72 73 Blda. Maint.-St. 46 15,100 5,000 8.000 73 74 Bldq. Maint.-St. 47 11,150 8,000 8,000 74 75 Blda. Maint-Shop/Loaistices 5,000 5,000 1,000 75 Eauipment Maintenance 76 EauiD.Repair & Maint.-Fire 49,050 30,123 42,000 76 77 Equip. Maint. - SCBA 4,700 4,700 4,700 77 78 Equip. Maint.-Nozzle 6,500 1,000 6,400 78 79 Comouter Maintenance 224,230 150,045 131,450 79 80 Hvdrant Maintenance & Repair 35,000 59,014 40,000 80 Supplies 81 ALS/Emeraencv Medical SUD.lServ. 152,850 142,850 87,500 81 82 Office SUDDlies 35,000 36,736 38,000 82 83 Office SUDDlies-Prevention 9,519 9,519 10,000 83 84 Protective Gear 49,750 33,000 27,800 84 85 Uniforms 92,448 90,000 75,000 85 86 Hurricane/Emeraencv SUDDlies 10,000 10,000 10,000 86 87 Statian SUDDlies 56,880 45,628 40,000 87 Eaui ment-Non. Capital 88 Office Eauioment 50,200 40,622 25,000 88 89 Office Eauioment-Prevention 6,022 6,022 4,507 89 90 Fire EqUipment 72,050 136,915 90,000 90 91 ShoD EauiDment 13,750 6,487 9,432 91 92 Warehouse/Loaistics Sunnlies/Ea 5,750 - 4,000 92 BJPlbp 8-24-07/8-28-07/9-10-07 2 07-08 Final 161 lAI Amended Projected Budaet Page 3 Budget 06-07 Sept. 30, 2007 2007 -2008 Professional & other fees 93 Professional 446,500 382,657 300,000 93 94 Prooertv Aporaiser's Fees 180,029 180,029 191,869 94 95 Collector's Fees 505,233 513,308 551,922 95 96 Auditor 75,000 73,348 80,000 96 Miscellaneous 97 Water/Sewer Fee-St. 44 4,000 5,254 5,500 97 98 Travel & Per Diem 70,000 65,079 70,140 98 99 Pia 11,100 2,000 4,085 99 100 PEa 30,853 15,918 15,000 100 101 Vehicle Fuel/Oil 207,130 203,081 290,000 101 Trainina-Operations 60,700 56,454 T rainina-Admi n istration 57,300 26,252 Traininq-Prevention 4,250 4,250 102 Trainina Course/Conference 118,995 102 103 Trainina Suoolies/EOuioment 45,000 103 104 Miscellaneous 30,000 20,286 30,000 104 105 Subscriotion/Dues 9,195 9,195 14,800 105 106 Subscription/Oues-P revention 668 415 500 106 107 PETC 2,500 1,566 1,600 107 108 Leaal Advertisements 8,250 8,976 9,000 108 109 Dive Team 21,405 3,500 4,650 109 110 Fire Prevention Materials & Supplies 15,984 15.984 20,210 110 111 Haz Mat 43,500 10,000 15,000 111 112 Prefire Plan 1,000 - - 112 113 Technical Rescue 55,175 25,000 7,425 113 114 Boat Team 17,150 6,000 5,950 114 115 CERT Team 27,319 13,750 14,678 115 116 Peer Fitness 3,500 - 1,500 116 117 K-9 Search & Rescue 3,100 1,000 1,500 117 118 Honor Guard 5,275 3,009 3,000 118 119 SOS Prooram 550 - - 119 120 Continoencies 50,000 - 50,000 120 121 Shop Lease Pavment 10200 4900 - 121 Total Op. Exo. 4,393,451 3,824,837 3,894,738 Debt Service 122 Princinal Pavment-Enaine Lease 52,876 52,780 - 122 123 Princloal Pavment-Land Loan 1,052,070 1,052,070 176,210 123 124 Interest Pmt.-Enaine Lease 2,006 2,006 - 124 125 Interest Pmt.-Land/Station Loans 52,876 52,876 209,598 125 Total Debt Service 1,159,828 1,159,732 385,808 Capital Outlav 126 Station Imorovements & Equip. 472,950 375,000 134,330 126 127 Fire and Rescue eouio 140,500 75,000 112,000 127 128 Protective Gear 65,000 12,000 20,000 128 129 Medical Eauipment 68,570 13.000 48,750 129 130 Communication EauID 37.300 10,000 30,000 130 131 Office Eauip 15,000 16,175 101,500 131 132 Computers 55,700 24,136 50,865 132 133 TRT 3,600 - - 133 134 Fire Prevention 4,560 - - 134 BJPfbp 8-24-07/8-28-07f9-10-07 3 07-08 Final 161 1 A [ Amended Proiected Budaet Page 4 Budget 06-07 Sept. 30, 2007 2007 -2008 135 Land 1,803,200 1,651,368 - 135 136 Boat Team 12,500 12,002 6,000 136 137 Trainina-ODerations 35,000 27,753 19,400 137 138 Vehicle Computers 5.500 - - 138 139 CERT Eauinment 3,000 - - 139 140 Vehicle Purchase 127,000 110,883 30,000 140 141 Shoo Equipment 15,300 - 95,000 141 142 Loaistics/Warehouse 3,000 - - 142 143 HazMat Team 15,000 12,415 2,000 143 144 Fire Apparatus - . 80,000 144 145 Dive Team 13,195 - - 145 146 Capital - PEO 5,000 - - 146 147 Rennovation of Shop/Maint. Facility - 600,000 250,000 147 Total Capital Outlav 2,900,875 2,939,732 979,845 150 TOTAL EXPENSES 29,103,122 28,655,660 27,108,500 150 Prior Year Fund Balance 8,230,702 8,230,702 7,118,164 Total Income 27,612,320 27,543,122 28,202,048 Total Expenses (29,103,122) (28,655,660) (27,108,500) Total Cash Reserve 6,739,900 7,118.164 8,211,712 23% 24% 30% CUMMULATIVE RESERVES: Undesianated Reserve (188,546) 136,209 Desianated-Nurse,vLane Improv. 5,000 5,000 Desianated-New Personnel Waaes 950,000 Staffing Level Retention (Maintainina Level of Service) 2,215,812 Desionated-Replacement Radios 300,000 300,000 300,000 Desianated-Health Insurance 500,000 500,000 500,000 Desianated-Workforce Housina 1,000,000 103,509 - Desianated-ALS Proaram 500,000 500,000 500,000 Desianated-Heavv Rescue 75,000 75,000 - Desianated-GASB 45 Post Emp. 500,000 500,000 500,000 Desianated-Loan LumD Sum Pmt. 330,000 330,000 500,000 Desianated-USAR Tm. Deplovment 300,000 300,000 Desianated-Emera. Res. 400,000 400,000 475,000 Desianated-ODeratina Reserve 771,451 771,451 750,000 Desianated-Fire AoOaratus 824,641 824,641 1,200,000 DesiDnated-Buildina Improvements 236,451 236,451 300,000 Desianated-Vehicle Replacement 342,751 342,751 100,000 Desianated-Capital Eauip. 231,451 231,451 250,000 Desianated~Disaster Preparedness 515,801 515,801 500,000 Desianated-St. #40 Replace/Repair. - - Deslanated-St. #46 Improvements 20,900 20,900 20,900 Designated-Personal Protective Gr 75,000 75,000 100,000 6,739,900 7,118,164 8,211,712 23.00% 24.00% 30.00% BJPfbp 8-24-07/8-28-07f9-1 0-07 4 07-08 Final INDEX PAGE NUMBER INCOME Collier County Ad Valorem Interest-General Interest-CD Interest-Ad Valorem Fire Watch Fees Other Income 2 3 3 3 5 4 EXPENSE Salaries Salaries-Prevention Commissioners On Call Pay Prof. Pay Prof. Pay-Prevention Overtme-Operations Overtime-Prevention Overtime-Firewatch Overtime-Spec. Teams Overtime-Administration Overtime-Beach Patrol Overtime-Paramedics Holiday Training Bonus Vacation Pay Sick Leave Pay Sick Leave-Prevention Retirement-FRS Retirement-FRS-Prev. Retirement-175 Retirement-175-Prev. Worker's Compensation Worker's Comp.-Prev. Social Security Soc. Security-Prevention Disability Insurance Disability Ins.-Prevention Life/Health Insurance Life/Health Ins.-Prev. Life/Health Ins.-Commissioners Reti rement -Commissioners 8 to 11 8 to 11 12 14 15 15 16 16 16 17 16 16 17 18 18 19 19 19 20 20 21 21 22 22 22 22 23 23 24 24 24 13 BJP/bp 8-10-07/8-24-07/9-10-07 161 1 A I 07-08 Final INDEX PAGE NUMBER Employee Physicals Unemployment Compo Retirement Recognition Building, Auto & Liab. Ins. Communications Telephone Utilities Vehicle Maintenance Building Maintenance-General Bldg. Maint.-St. 40 Bldg. Maint.-St. 42 Bldg. Maint.-St. 43 Bldg. Maint.-St. 44 Bldg. Maint.-St. 45 Bldg. Maint.-St. 46 Bldg. Maint.-St. 47 Bldg. Maint-Shop Equip. Maint.-MAKO Equip. Maint.-Nozzle Equip. Maint.-Fire Computer Maint Hydrant Maintenance & Repair Emergency Medical Supplies Hurricane/Emergency Supplies Office Supplies Office Supplies-Prevention Uniforms Protective Gear Station Supplies Office Equipment-Non-Cap. Office Equipment-Prevention Fire Equipment-Non-Capital Shop Equipment-Non-Capital Professional Auditor Fees Tax Appraiser's Fee Collectors Fees Special Assessment-St. 44 Travel & Per Diem PIO PEO Vehicle Fuel/Oil 25 26 26 27 28 28 29 29 30 31 32 32 33 33 34 35 35 36 37 36 38 39 40 44 41 41 43 42 45 46 47 48 49 50 52 51 51 53 54 55 56-57 58 BJP/bp 8-10.07/8-24-07/9-10-07 161 lA\ 07-08 Final INDEX Training Course/Conference Training Equipment and Supplies Miscellaneous Subscription/Dues Subscription/Dues-Prevention PETC Legal Advertisements Dive Team Fire Prevention Material & Supplies Haz Mat Prefire Plan Technical Rescue Boat Team CERT Team Peer Fitness K-9 Search & Rescue Honor Guard SOS Program Contingencies Interest Payment-Land Loan Principal Payment-Land Loan CAPITAL PURCHASES: Station Improvements Fire and Rescue Equipment Protective Gear Communication Equipment Medical Equipment Office Equipment Computers Boat Team TRT Land Training Equipment HazMat Team Shop Equipment Logistics Dive Team PEO Fire Apparatus Vehicles BJP/bp 8-10-07/8-24-07/9-10-07 PAGE NUMBER 59 61 62 63 64 65 65 66 67 68 69 70 71 72 73 73 74 75 75 77 77 78 79 79 80 80 81 82 83 83 83 85 84 85 86 86 86 84 16i 1 A I 07-08 Final INDEX PAGE NUMBER Ren novation-Shop/Prevention Designated Reserves 87 88-89 BJP/bp 8.10.07/8-24.07/9-10-07 161 1 A! 07-08 Final 161 lAI INCOME DETAIL The District's enabling act grants the Board of Fire Commissioners the authority to assess a levy on property owners for fire protection service. The Collier County Property Tax Appraiser provides the appraised taxable value of all of the property within the District's boundaries. That estimated value is transmitted to the District via Form DR-420, which the District usually receives in late June prior to the October beginning of a new fiscal year. The Board of Fire Commissioners establishes the millage rate, or taxing rate, for fire protection services. This year, due to property tax reform legislation enacted in June of 2007, the Board has three options for adopting a millage rate: 1. Roll Back to the 2006-2007 rate, less three percent. This option requires a majority vote of the Board. 2. Roll Back to the 2006-2007 rate. This option requires a "super majority" (four out of five votes) of the Board. 3. Do not roll back, or roll back to a lesser extent than option 1 or 2 above. Millage rate cannot exceed the millage rate used in the 2006-2007 year, 1 mil, (which was the same millage rate used for the preceding 20 years - $1.00 for every $1,000 of taxable value). This option requires a unanimous vote of the Board. Ad Valorem revenue represents 95% of the District's total annual revenue, with the balance consisting of interest, cell tower and station rentals, and various fees identified below. The budget assumes the District will receive 95% of the total possible Ad Valorem assessed. According to the 2007 tax rolls, the taxable value of the property within the District increased 9% over the prior year's value. This increase includes $893,696,173 of new growth. The percentage of increase in value is the lowest the District has seen in more ten years. BJ P/bp 8.10-07/8-24-07/9-10-07 2007-2008 Final 001-3110-001-000 AD VALOREM - BUDGET LINE 1 Gross Taxable Value Per Form DR-420 (See Appendix, Attachments 1 - 5) Millage Rate Ad Valorem Revenue 07-08 106-07 Budget Amount: $25,111,638 BJP/bp 8-10-07/8.24.07/9- 10-07 2 f ,'C1 il \ !,~"" " ] k ';1 '.._i "'':' $ 28,890,656,236 x 95% $ 27,446,123,424 x .001 $ 27,446,123 2007-2008 Final 161 1 A \ 001-3610-101-000,102-000 INTEREST INCOME - BUDGET LINES 3. 4 AND 5 Because Interest Income varies depending upon the national financial climate, an estimate has been made using an average of the last 4 years' receipts, recognizing upward or downward trends for the purpose of budgeting general interest. CD Interest revenue estimate is based on the District's current Certificates of Deposit which will mature during the 2007-2008 fiscal year, adding in estimates for purchases of new certificates of deposit during the 07-08 fiscal year. Average receipts over the last 4 years were also reviewed to arrive at an estimate. Anticipated interest income for the 2007-2008 fiscal year represents a decrease of $80,000, or 19%, as compared to the prior year's revenue. This decrease is anticipated due to the impact of property tax reform legislation, as well as an anticipated decrease in interest rate based on the current economy. Collier County Ad Valorem Interest General Interest CD Interest $ $ $ 10,000 130,000 200,000 107-08 Total $ 340,000 I 106-07 Total - $420,000 BJP/bp 8.10-07/8-24-07/9-10-07 3 2007-2008 Final 161 lA\ 001-3420-903-000. 904-000. 905-000.908-000. 909-000. 912-000 001-3620-002-000,003-001.001-3630-001-000. 001-3660-001-000.002-000 001-3690-902-001. 903-000.903-001 OTHER INCOME-BUDGET LINES 7 - 21 Other General Fund Income is comprised of various sources, as identified below. For those income sources where no verification is possible, an average of the last 4 years' receipts were used, recognizing upward or downward trends. Hydrant Fees, Occupational License Fees and Key Box revenue were supplied by Deputy Chief of Life Safety and Prevention Reynolds. Miscellaneous Revenue for 2007-2008 reflects a decrease of $585,057, or 59%, as compared to the prior year's budgeted amount. This decrease in budgeted revenue is due to the elimination of the budgeted revenue for the sale of land. Flow Test Inspection - Thrust Block Reinspections Donations Occupational License Inspections Hydrant Maintenance Fees Key Boxes Reimburseable Training Miscellaneous Income Miscellaneous Reimbursements/Refunds Cell Tower Rent EMS Rental and Other Rental Income False/Malfunctioning Alarm Fees $ $ $ $ $ $ $ $ $ $ $ $ $ 7,500 100 1,000 3,000 50,000 39,375 9,750 40,000 15,000 115,000 30,200 30,000 45,000 $ 385,925 I 107-08 Total 106-07 Budget Amount - $990,982 BJP/bp 8.10.07/8.24-07/9-10.07 4 2007-2008 Final 16\ 1 A 1 001-3630-001-000 FIREWATCH FEES-BUDGET LINE 6 Firewatch Fees are charged to entities requiring the presence of certified firefighters to perform watch over their fire safety systems in the event of mechanical malfunction, construction, or other factors. Special Event Firewatch Fees are charges for the same services performed during a special event, such as a concert or theatrical performance. Projection for Firewatch Fees is computed using an average of the last four years' receipts, recognizing upward or downward trends. Also factored into the estimate is the projected revenue for the current fiscal year. The 2007-2008 budget provides for a decrease in revenue of $35,000, or 53%, as compared to the prior fiscal year. This estimated decrease is based on the projected receipts for the current fiscal year. $ 30,000 I 107-08 Total 106-07 Total - $65,000 BJP/bp 8.10-07/8.24.07/9.10.07 5 2007-2008 Final 16' I, I Based on Millage Rate Adopted at Tentative Budget Hearing Sept. 7, 2007 INCOME RECAP PROJECTED FUND BALANCE CARRIED FORWARD: Cash Reserve at 9-30-06: Designated Undesignated Total at 9-30-06 Estimated Cash Reserve for 9-30-07: Designated Undesignated Total - Projected 9-30-07 PROJECTED REVENUE 2007-2008 AD VALOREM TAX REVENUE (1 Mil) ESTIMATED INTEREST ESTIMATED FIREWATCH FEES ESTIMATED OTHER INCOME TOTAL INCOME ESTIMATED 2007-2008 PROJECTED FUND BALANCE (TOTAL) AT 9-30-07 TOTAL FUNDS AVAILABLE FOR 2007-2008 106-07 TOTAL FUNDS AVAILABLE-$34,045,619 BJP/bp 8-10-07/8-24-07/9-10-07 6 $ $ $ $ $ $ $ $ $ $ $ $ $ 1 A ( 7,292,199 938,503 8,230,702 6,981,955 136,209 7,118,164 27,446,123 340,000 30,000 385,925 28,202,048 7,118,164 35,320,212 2007-2008 Final 161 1 A t EXPENDITURES Expenditures of the General Fund are categorized as follows: Personnel $ 21,848,109 Operating *Note - Slight Change in Total Operating Expenditures May Occur Depending upon Millage Rate Selected by Board, which Determines Collection Fees $ ~~k~~ $ c~~ $ 3,894,738 385,808 979,845 ITotal Expenditures - 2007-2008 $ 27,108,500 I Personnel related expenditures constitute 80% of the total budgeted expenses for the 2007-2008 fiscal year, as compared to 76% for the 2006-2007 fiscal year. Total personnel expenses for 2007-2008 reflect an increase of $1,199,141, or 5% over the 2006-2007 year. This anticipated increase is due to largely to the estimated increase in the Chapter 175 Firefighters' Pension contribution. Operating expenses represent those costs associated with operating and maintaining District facilities and operations. The operating expenses contained within the 2007- 2008 budget represent a decrease of $498,713, or 11%, as compared to the 2006-2007 operating expenses. Debt Service expenses represent the principal and interest payments for a land loan and for the reactivation of the District's line of credit for partial payment of the renovations to the Taylor Road facility. Capital Expenditures provide for the purchase of capital assets, including vehicles, apparatus, computers and equipment that exceed $1,000 in cost and have a useful life of more than one year. The total capital expenditures provided for in the 2007-2008 budget represent a decrease of $1,921,030, or 66% as compared to the prior year's expenditures. This difference is due to the purchase of land and the shop/maintenance facility during the 2006-2007 fiscal year. Total budgeted expenditures of the General Fund for the fiscal year 2007-2008 reflect a decrease of $1,994,622, or 6.8% as compared to total General Fund budgeted expenses for the 2006-2007 fiscal year. BJ P/bp 8.10.07/8.24.07/9-10-07 7 2007-2008 Final 161 1 A \ PERSONNEL EXPENSES 001-5220-011-000. 001-5220-012-000.002 STAFF WAGES AND BENEFITS Employee wages represent the largest percentage of the District's personnel, as well as total, expenditures. Projected expenses for the 2007-2008 year are based on the addition of no new positions. Several administrative positions budgeted in the 2006-2007 fiscal year were not filled and are NOT provided for in the 2007-2008 budget. Pay scales for the 2007-2008 fiscal year reflect no increase to salary for all employees working under the provisions of the Collective Bargaining Agreement, Chief Officers and administrative employees. Due to the uncertainty of future Ad Valorem collections, wages reflected are frozen at the September 30, 2007 rate. No scheduled step raises have been provided for. BJP/bp 8-10-07/8-24-07/9-10-07 8 2007-2008 Final ELECTED OFFICIALS 5 Commissioners ITOTAL ELECTED OFFICIALS - 5 106-07 Totals - 5 ADMINISTRATION PERSONNEL 1 Fire Chief 1 Assistant Chief-Support Operations 1 Assistant Chief - Emergency Operations 1 Assistant Chief - Administrative Services 1 Deputy Chief Operations 1 Deputy Chief of Support Services 1 Deputy Chief of Training 1 Deputy Chief of Life Safety & Prevention 1 Deputy Chief of EMS 1 Officer Manager 1 Public Information Officer 1 PIA-Benefits Coordinator 1 Accounts Payable/Receivable Accountant 2 Full Time Administrative Assistants 1 Data Entry Clerk 2 Maintenance Technicians 1 Full Time Custodian 2 Full-Time Fleet Mechanics 1 Full Time Network Administrator 1 Part-Time Data Base Technician ITOTAL ADMINISTRATIVE PERSONNEL-23 106-07 Totals - 26 FIRE PREVENTION 1 Fire Marshal 2 Deputy Fire Marshals 11 Fire Inspectors 1 Inspector/Public Education 2 Administrative Assistants ITOTAL FIRE PREVENTION -17 106-07 Totals - 18 BJPlbp 8.10-07/8.24.07/9-10.07 9 161 lA\ Prior Year IBudaeted) 5 Commissioners 1 Fire Chief 1 Assistant Chief 1 Assistant Chief 1 Assistant Chief 1 Dep. Chief of Ops. 1 Dep. Chief of Sup. Servo 1 Dep. Ch. Training 1 Dep. Ch. Life Safety 1 Dep. Ch. EMS 1 Executive Assistant 1 Public Info. Officer 1 P/R-Benefits Coord. 1 AlP-AIR Accountant 3 Full Time Admin. Asst. 2 Data Entry Clerks 2 Maint. Techs. 1 Full-Time Custodian 2 Full-Time Fleet Mech. 1 Full-Time Network Ad 1 Full Time Data Base Adm 1 Full Time Acct. Asst. 1 I 1 Fire Marshal 2 Deputy Fire Marshals 12 Fire Inspectors 1 Public Ed. Officer 2 Admin. Assistants I I 2007-2008 Final 16r 1 A \ TRAINING 1 Battalion Commander of Training Prior Year 1 BC of Training 2 Captains of Training Note: Training Restructured - 3 Captains on Shift now Training Captains ITOTAL TRAINING - 1 (Plus 3 Captains on Shift Reflected Below) 106-07 Total - 4 SPECIAL OPERATIONS 1 Battalion Chief of Special Operations 1 BC-Spec. Operations ITOTAL SPECIAL OPERATIONS - 1 106-07 Totals - 1 EMS COORDINATOR 1 Captain 1 Captain ITOTAL EMS COORDINATOR - 1 106-07 Totals - 1 PREFIRE PLANNING -1 1 Lieutenant 1 Lieutenant ITOTAL-PREFIRE PLANNING - 1 106-07 Totals - 1 LOGISTICS - 1 1 Captain 1 Captain ITOTAL LOGISTICS -1 106-07 Totals - 1 BJ P/bp 8.10.07/8-24.07/9-10.07 10 2007-2008 Final 161 OPERATIONS 3 Battalion Chiefs 10 Captains 20 Lieutenants 30 Engineers 63 Firefighters ITOTAL - SHIFT PERSONNEL -126 106-07 Total - 120 ITOTAL PERSONNEL -07-08 -176 106-07 Total - 180 1126 Shift Personnel I Sworn FF Civilian I Commissioners 1 A \ 155 16 5 Full Time Employees Part Time Employees Commissioners GENERAL FUND $ PREVENTION $ INSPECTION (See Inspection Fee Fund Budget) $ TOTAL SALARIES- 07-08 - $11,722,203 Gen. Fund - $11,168,563) 06-07 Total- $12,066,240 BJP/bp 8-10-07/8-24-07/9-10.07 11 170 1 5 10,576,328 592,235 553,640 2007-2008 Final 1. 6 '''j1: \ ,~ 1 001-5220-011-000 BOARD OF FIRE COMMISSIONERS-SALARIES-BUDGET LINE 25 The Board of Fire Commissioners is a five-member Board elected by the voters residing in the District. Each Commissioner must be a resident of the District, and serves a four year term. The Board holds a monthly meeting the second Thursday of each month to set policy, approve budgetary actions and provide direction and guidance to staff. Additionally, the Board conducts special meetings, workshops and hearings as needed throughout the year. The annual salary for Commissioners is established by Florida Statute, and has remained constant since 1996. BOARD OF FIRE COMMISSIONERS-OTHER BENEFITS Florida Statute establishes the independent fire district's responsibility to provide benefits for elected officials. 001-5220-023-005 Health and Dental Ins. Annual Cost: 2 Commissioners-Self/Spouse $ 2 Commissioners - Family $ 1 Commissioner-Self $ Note: Annual Cost is equivalent of COBRA rate (premium) $ less anticipated rate adjustment for plan change 17,758 32,309 6,881 56,948 Life Ins. Annual Cost: 5 Commissioners - $51.00 $ 107-08 Total-Health/DentaIlLife $ 106-07 Total - $61,296 51 56,999 I BJP/bp 8.10.07/8.24.07/9.10-07 12 2007-2008 Final 1(6)1I nfl;' 001-5220-022-008 RETIREMENT - COMMISSIONERS - BUDGET LINE 57 As of June 1, 2003, all elected officials participate in the Florida Retirement System. The Division of Retirement requires that all contributions to this plan be made by the employer. Estimated contribution requirements for the 2007-2008 budget are arrived at by multiplying the budgeted salary for the Commissioners by the Elected Officials contribution rate established by the Division of Retirement. FRS (Elected Officials) 16.53%x $22,500 (Sept-June) 18.31 % x $ 7,500 (July-Sept) 107-08 Total - $5,093 106-07 Total - $4,959 SUMMARY-COMMISSIONERS SALARIES HEALTH/DENTALJLlFE INS. RETIREMENT $ $ $ 30,000 56,999 5,093 ITOTAL 07-08 - $92,092 106-07 Total- $96,255 BJP/bp 8-10-07/8-24-07/9-10-07 13 2007 -2008 Final 001-5220-016-015-010 ON CALL PAY - BUDGET LINE 26 161 1 A Members of the collective bargaining unit who are assigned to an on call status receive $1.25 per hour for all hours on call per the Collective Bargaining Agreement. GENERAL PREVENTION INSPECTION FEE FUND (See Inspection Fee Fund) 107-08 Total- $29,160 (All General Fund) 106-07 Total- $29,160 BJP/bp 8-10-07/8.24-07/9-10-07 14 $ $ $ 9,720 19,440 2007-2008 Final 16' i r l 001-5220-015-000. 001-5220-015-001 PROFESSIONAL PAY-BUDGET LINES 29 & 30 Professional Pay is compensation to those employees who maintain an additional qualification to perform other emergency related responsibilities, and include the following categories establishing the area of expertise and the amount provided per pay period therefore. The budgeted amount is significantly less that the amount provided in prior years due to the addition of EMT and Paramedic pay to salary schedules pursuant to the terms of the Collective Bargaining Agreement in effect from October 1,2004 through September 30,2007. EMT Certification (4 Non-Bargaining at $88.29/Pay Period)) $ PMD Certification (1 Non-Bargaining at $294.30/Pay Period) $ EMS Degree (11 at $100/Pay Period, /PP) $ Fire Degree (24 at $1 OO/Pay Period! PP) $ Bachellor's Degree (3 at $150/Pay Period) $ Fire Instructor/Fire Officer (2 at $1 OO/Pay Period) $ Fire Investigator/Fire Inspector (2 at $1 OO/Pay Period) $ MAKO Tech (3 at $30/Pay Period and 1 at $50/Pay Period) $ Nozzle Tech (1 at $30/Pay Period and 1 at $50/Pay Period) $ Team Leaders (4 at $150/Pay Period) $ Payroll and HR Certifciations (2 at $75/Pay Period) $ Automotive Certifications (5 at $50/Pay Period) $ TOTAL 07-08 $ $ GENERAL PREVENTION INSPECTION FEE FUND (See Insp. Fee Fnd. Bud) ITOTAL 07-08- $150,542 (General Fund - $145,742) 106-07 Total - $147,412 $ $ $ $ Annual Amount 8,476 7,063 26,400 57,600 10,800 4,800 4,800 3,360 1,920 14,400 3,600 7,323 150,542 150,542 138,542 7,200 4,800 150,542 I BJP/bp 8-10-07/8.24.07/9-10.07 15 2007-2008 Final 16 1 tl I ,;" H 001-5220-014-000.001.002.003,004,005.006 OVERTIME-BUDGET LINES 32-38 Overtime is paid to meet minimum manning shift requirements and when qualified replacement personnel are required to fill position vacancies caused by illness, vacation, education, kelly days and in the event of a District wide emergency. Overtime includes regular overtime, firewatch, special teams, fire prevention, beach patrol, paramedic training and administration. Where no criteria can be used or no actual estimates of time are provided, an average of the last 4 years' expense has been used. Overtime-Operations 107-08 Total - $200,000 106-07 Total - $200,000 Overtime-Prevention 107-08 Total- $13,000 106-07 Total- $10,000 Overtime-Beach Patrol 107-08 Total - $5,000 106-07 Total - $50,000 Overtime-Firewatch 107-08 Total - $50,000 106-07 Total - $65,000 Overtime-Administration 107-08 Total - $25,000 106-07 Total - $25,000 BJP/bp 8-10-07/8.24-07/9-10-07 16 2007 -2008 Final 16 lAt Overtime-Special Teams Dive Team HazMat TRT Boat Team K-9 Search CERT 107-08 Total - $220,653 106-07 Total - $200,594 28 Hrs. Per Contract 52 Hrs. Per Contract 60 Hrs. Per Contract 21 Hrs. Per Contract Provided by K-9 Team Provided by CERT Budget I Overtime-Paramedic Training The financial provision for paramedic overtime training will provide for eighteen hours of overtime training for 51 District paramedics. 107-08 Total - $35,000 106-07 Total - $32,408 Overtime-Reimburseable Training This budget line provides for the payment of overtime for District instructors and members for training which is reimburseable from state or federal funds. 107-08 Total. $20,000 106-07 Total. $-0- BJP/bp 8-10-07/8-24-07/9-10-07 17 2007-2008 Final 161 1 f\ ! 001-5220-015-005. 001-5220-015-007 TRAINING BONUS-BUDGET LINES 39 & 40 Members of the Dive Rescue Team, Technical Rescue Team, Hazmat Team, and Boat Rescue Team who complete 75% of their training receive an annual bonus of $300 each, paid on September 30. HazMat (34 Members) TRT (29 Members) Boat Rescue (15 Members) Dive Rescue (25 Members) Bonuses for State Certifications $ $ $ $ $ 10,200 8,700 4,500 7,500 7,000 $ 37,900 I 107-08 Total 106-07 Total - $37,900 001-5220-015-001 EMPLOYEE HOLIDAY PAY-BUDGET LINE 31 Holiday pay is paid to union personnel on shift pursuant to the terms of the Collective Bargaining Agreement. Each shift employees is paid for 11 holidays, consisting of New Year's Day, Martin Luther King, Jr.Day, Presidents' Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve and Christmas Day. Each employee is paid for a total of 88 hours at their hourly rate. Payment is made Sept. 30. 107-08 Total- $276,267 106-07 Total- $235,262 BJP/bp 8-10-07/8-24-07/9-10-07 18 2007-2008 Final 161 .1., i', j.''''~ 001-5220-015-003 EMPLOYEE SICK TIME PAYOUT-BUDGET LINES 42 & 43 Pursuant to the terms of the Collective Bargaining Agreement and Section 1 0 of District Policies, employees are paid for earned, unused sick time as of September 30 of each fiscal year at 1 00% of their hourly rate. Employees have the option of receiving payment for all unused sick time, or transferring a portion of the time to personal time for future use. The number of hours which may be transferred to an employee's personal time bank, as well as the maximum accrual of personal time, is defined in the Collective Bargaining Agreement and Section 10 of the District Policies. For budgeting purposes, 65 percent of the maximum payout is used. GENERAL FUND PREVENTION INSPECTION (See Insp. Fee Fund Budget) 107-08 Total- $446,718 (Gen. Fund - $428,600) 106-07 Total - $427,899 $ $ $ I I 406,756 21,844 18,118 001-5220-015-004 EMPLOYEE VACATION PAYOUT-BUDGET LINE 41 Upon separation from the District or upon entering the Florida Retirement System DROP program, employees are paid for their accrued, earned vacation hours (up to a maximum of 500 hours) at their hourly rate,pursuant to the Collective Bargaining Agreement and the Personnel Rules and Regulations. At this time, no employees have been identified as retiring during the 2007-2008 fiscal year, other than those employees in the DROP program. Those retiring employees were paid for accrued vacation hours at the time of entry into the DROP program. An estimated amount has been identified to provide for unannounced separation or retirement. 107-08 Total- $10,000 105-06 Total - $10,000 BJ Plbp 8.10-07/8-24-07/9.10.07 19 2007 -2008 Final 16 1 A I 001-5220-022-000. 001-5220-022-002. 001-5220-022-004. 001-5220-022-005 RETIREMENT-BUDGET LINES 53-57 The employees of the District participate in one of two retirement plans - Chapter 175 Firefighters' Pension Plan, or the Florida Retirement System. All firefighters hired prior to January 1, 1996, and all elected officials and administrative staff participate in the Florida Retirement System (FRS), except for the Fire Chief. Pursuant to requirements of the Division of Retirement, all contributions to this plan must be made by the employer. Contribution rates are established by the Division of Retirement, and are effective for their fiscal year, which runs from July 1 to June 30. Estimated budgeted costs are determined by multiplying anticipated wages of participating employees by the appropriate contribution rate. Florida Retirement System FRS Retirement Rates Special Risk - 47 Employees at 20.92% and 23.17% Regular Rate - 14 Employees at 9.85% and 10.75% Elected Officials - 5 at 16.53% and 18.31% Total Participants - 66 $ 1,054,422 $ 55,148 See Budget Line #57 GENERAL FUND PREVENTION INSPECTION FUND (See Insp. Fee Fund Budget) 107-08 Total- $1,109,570 (General Fund - $1,066,449) 106-07 Total- $934,554 $ 1,011,955 $ 54,494 $ 43,121 $ 1,109,570 I BJP/bp 8-10-07/8.24-07/9-10-07 20 2007-2008 Final 161 [i~ \ Chapter 175 Firefighters' Pension All firefighters hired by the District after January 1, 1996 participate in the Chapter 175 Firefighters' Pension Plan. Contributions to the plan are funded partially by State Premium Tax Funds, with the balance paid by the District. Currently, the District may utilize $112,818 of those state funds to offset the District's required contribution amount. All State Premium Tax Funds received in excess of the $112,818 must be used to fund extra benefits. The District's annual contribution requirements are determined by an actuarial study performed by the Pension Board's actuary. This actuarial study is usually not completed until the first quarter of the fiscal year. Therefore, the budgeted amount is based on the current year requirements, with an anticipated increase computed by reviewing the increases over the last four years, and factoring in new plan participants via new hires and contractual wage increases. The 2007-2008 contribu- tion estimate provides for a 46.17% increase over the current year's requirements, plus an 8% increase in wages for the 2006-2007 year per the Collective Bargaining Agreement. The estimated contribution is based on the current plan benefits. Estimated Contribution Total Participants - 105 GENERAL PREVENTION INSPECTION (See Inspection Fee Fund Budget) $ $ $ 2,937,431 164,600 169,332 107-08 Total- $3,271,363 (General Fund - $3,102,031) 106-07 Total - $1,398,375 RETIREMENT/HEALTH INSURANCE - FIRE CHIEF Pursuant to the Employment Contract between the District and the Fire Chief, the Chief has the option of participating in the Chapter 175 Firefighters' Pension or a 401 (k) Plan. The Fire Chief has opted out of the Chapter 175 Firefighters' Pension, and pursuant to the terms of the Employment Contract, a 401 (k) has been established. The contribution rate for that plan is the average of the contribution rate of the Special Risk class of the Florida Retirement System and the Chapter 175 Firefighters' Pension. For budgeting purposes, a contribution rate of 26.91 % (the current average) has been utilized. Contributions are also made to this plan for the Fire Chief in lieu of health insurance benefits. 107-08 Total - $57,472 06-07 Total- $37,628 BJ P/bp 8.10.07/8-24.07/9-10-07 21 2007-2008 Final 16' 1 A \ 001-5220-021-000,001 SOCIAL SECURITY-BUDGET LINES 44 & 45 Employers are required to pay social security taxes at the rate of 6.20% on all wages up to a maximum of $94,206 per employee, and medicare taxes at the rate of 1.45% on all wages paid to employees. For budgetary purposes, the total wages budgeted are multiplied by 6.20% and 1.45% to arrive at the estimated social security contribution for the 2007-2008 fiscal year. GENERAL PREVENTION INSPECTION (See Inspection Fee Fund Budget) 107-08 Total- $1,013,243 (General Fund - $9966,246) 106-07 Total- $1,032,761 $ $ $ I I 916,466 49,780 46,997 001-5220-024-000.001 WORKERS' COMPENSATION INSURANCE-BUDGET LINES 51 & 52 In October of 2004, the District entered into an agreement with Preferred Government Risk Trust (PGIT) for worker's compensation insurance. PGIT is one of only two insurers in the State of Florida which will provide worker's compensation insurance for firefighters. One hundred percent of all wages paid are subject to worker's compensation, except for overtime. Only two-thirds of overtime paid is subject to worker's compensation. The rates currently in effect for the 2006-2007 fiscal year are 9.85% for high risk employees and .62% for non-high risk employees. For budgeting purposes, a ten percent increase has been added to the current percentage. GENERAL PREVENTION INSPECTION (See Inspection Fee Fund Budget) 107-08 Total- $1,195,206 (General Fund - $1,1,141,291) 106-07 Total- $1,327,056 $ $ $ I I 1,081,366 59,925 53,915 BJP/bp 8-10-07/8.24.07/9-10-07 22 2007-2008 Final 16\ l~\ 001-5220-023-001.004 SHORT TERM/LONG TERM DISABILITY-BUDGET LINES 46 & 47 Pursuant to the Collective Bargaining Agreement and District Policies, short term (6 months) and long term disability insurance is provided for all employees, except Fire Commissioners. All premiums are fully paid by the District. The District self insures short term disability coverage for employees not covered by the Collective Bargaining Agreement. Wages up to a maximum of $1,200 per week are subject to short and long term disability benefits. Cost estimates for budgetary purposes are based on estimated wages and current premium rates, factoring in a 10% increase over the 2006-2007 projected cost. GENERAL PREVENTION INSPECTION (See Inspection Fee Fund) $ $ $ 143,000 8,000 5,665 107-08 Total- $151,000 106-07 Total- $119,772 BJP/bp 8-10-07/8-24-07/9-10-07 23 2007-2008 Final 16~ 1 A \ 001-5220-023-000.003.005 L1FElDENTAUHEAL TH INSURANCE-BUDGET LINES 48 - 50 The District provides life insurance in the amount of $50,000 for all full-time employees, and health and dental insurance for all full-time employees and their dependents, and for retirees pursuant to District Policies. Currently, the District has a partially self funded plan administered by Self Insured Plans, LLC, utilizing QEB as the reinsurance carrier. Life insurance is provided by Standard Insurance. Cost provisions for life, dental and health insurance for the 2007-2008 fiscal year are based on intended plan benefit plan revisions. LIFE INSURANCE Employees ($50,000) Retirees ($5,000) Commissioners ($5,000) Annual Cost $ $ $ 17,340 112 51 Total-Life Insurance $ 17,503 HEALTH INSURANCE & DENTAL INSURANCE General Prevention Commissioners Inspection 107-08 Total - $2,017,503 106-07 Total - $2,911,439 $ $ $ $ I I 1,747,271 100,999 56,999 94,731 HEALTH INSURANCE - 2007 RUN OUT COVERAGE - BUDGET LINE 50A For the 2007-2008 fiscal year, provision is made for payment of claims in the event the District changes the health insurance plan from partially self funded to fully funded. If this occurs, the District will be liable for direct payment of any claims incurred in the 2007 calendar year but submitted for payment after December 31,2007. 107-08 Total - $300,000 BJP/bp 8-10-07/8-24-07/9-10-07 24 2007-2008 Final 16 (~ '. ) I .~. HEALTH SAVINGS ACCOUNT EMPLOYER CONTRIBUTION - BUDGET LINE 50B \ This budget line contains the provision for the employer portion to fund some type of health savings account to provide for health costs after retirement. The exact plan has not yet been developed, so the amount reflected is an estimate. 107-08 Total- $300,000 001-5220-023-002 EMPLOYEE PHYSICALS - BUDGET LINE 60 All personnel employed under the terms of the Collective Bargaining Agreement and all sworn employees covered by Section 25.03 of the District Policies are required to undergo an annual physical performed by the District physician consisting of specified criteria. The District pays 100% of the cost. Pursuant to the terms of Section 25.03 of the District Policies, all non-sworn administrative staff have the option of an annual physical, performed by the District's physician. The District pays 100% of the cost of the physical consisting of specified criteria. In 2003, the Board established, by motion, that physicals for the Fire Commissioners were voluntary, and would be paid in full by the District. Provision has been made for physicals for all Commissioners. The District also provides fit for duty and pre-employment physical exams, via the District Physician. The District also pays 100% of these costs. Estimated costs for the 2007-2008 fiscal year are based on the cost for each category of physical exam provided by Anchor Health pursuant to the agreement entered into in June of 2007 07-08 Total - $120,000 106-07 Total- $130,000 BJP/bp 8-10-07/8-24-07/9-10-07 25 2007-2008 Final 161 1 A \ 001-5220-099-007 RETIREMENT RECOGNITION-BUDGET LINE 61 There are no scheduled retirements during the 2007-2008 fiscal year. However, provision has been made for those retirements which may occur of which staff is not yet aware. 107-08 Total - $2,000 105-06 Total - $2,000 001-5220-025-000 UNEMPLOYMENT COMPENSATION-BUDGET LINE 59 In November of 2007, the District will make application to participate in the State Unemployment Insurance program. Cost is based on a formula provided by the State Unemployment Insurance Program, and is identified as 3% of the first $7,000 of wages earned. 107-08 Total- $36,373 106-07 Total- $1,000 BJP/bp 8-10-07/8-24-07/9-10-07 26 2007-2008 Final 161 1 ~ \ OPERA TING EXPENSES 001-5220-045-000 LIABILITY, AUTO AND BUILDING INSURANCE-BUDGET LINE 62 The District maintains general liability, auto, property, accident, sickness and umbrella coverage through VFIS Insurance Company. Cost projections are based on current premiums plus an additional 15%, the average increase in premiums over the last four years. $ 298,738 I 107-08 TOTAL 106-07 TOTAL - $205,811 BJP/bp 8-10-07/8-24-07/9-10-07 27 2007-2008 Final 161 1 A I 001-5220-041-001 COMMUNICATIONS-BUDGET LINE 63 The Communications budget line provides for the District's expenditures for the repair and maintenance of all radios. The 2007-2008 budget reflects a decrease of $32,250, or 86%, as compared to the prior year's budget. PARTS/REPAIRS 100 Portable Batteries VHF Replacement Pagers (5) 10 Replacement Headsets 50 Leather Belt Clips 20 Leather Radio Cases 10 Four Bank Chargers 20 Single Chargers Replacement Parts Headsets for Engineer (Portable) 25 Collar Microphones $ $ $ $ $ $ $ $ $ $ 6,000 2,000 1,500 1,500 1,000 4,000 2,000 13,000 2,000 2,000 $ 35,000 1 107-08 TOTAL 106-07 TOTAL - $67,250 001-5220-041-000 TELEPHONE-BUDGET LINE 64 The provision for telephone services includes the cost of District provided cell phones. Cost estimates are based on actual expenses for the current fiscal year, plus a ten percent increase. The 2007-2008 budgeted amount represents a decrease of $29,312 or 14% as compared to the prior year budgeted amount. 107-08 TOTAL $ 175,000 1 106-07 TOTAL - $204,312 BJP/bp 8-10-07/8-24-07/9-10-07 28 2007-2008 Final 161 1 A \ 001-5220-043-000 UTILITIES-BUDGET LINE 65 As with the provision for telephone services, the amount provided in the utilities budget line is determined by actual current year fiscal expenses. The 2007-2008 budget represents a decrease of $5,038 or 2% as compared to the 2006-2007 budgeted amount. $ 162,962 1 107-08 TOTAL 106-07 TOTAL - $168,000 001-5220-046-009 VEHICLE MAINTENANCE AND REPAIR-BUDGET LINE 66 The District operates a vehicle and apparatus maintenance facility and employs two full time mechanics to service the fleet. The purchase of parts to accomplish these repairs, as well as other anticipated maintenance items and services, excluding fuel and oil, are reflected in this expense line. Additionally, the cost for external repair services is included to provide for services which cannot be performed at our facility. The 2007-2008 amount budgeted reflects a decrease of $47,925 or 11%. This decrease is a result of the elimination of non essential maintenance costs. Outside Repairs-Apparatus Apparatus Parts Annual Inspection of Ladders, Aerials and Pumps Staff Vehicle Maintenance 107-08 Total 106-07 Total - $420,850 BJP/bp 8-10-07/8-24-07/9-10-07 29 2007-2008 Final 161 001-5220-046-010 BUILDING MAINTENANCE-GENERAL-BUDGET LINE 67 The District operates and maintains 7 fire stations, administrative and fire prevention headquarters, and a shop/maintenance facility. Contained within Budget Line 65 - Building Maintenance - General are provisions for routine repair and maintenance items and services for all of the District's facilities. Service needs vary from weekly, monthly and annually, to an as needed basis. Some service or maintenance/repair items cannot accurately be assigned to a specific station. It is difficult to anticipate which station might need glass replaced, for example, or overhead door repair. Therefore, this line provides for repair and maintenance of items by type of service or repair, rather than by location of facility. The amount budgeted in 2007-2008 reflects a decrease of $47,563 or 15% as compared to the the prior year's budget. This decrease is because the 2006-2007 budgeted contained provision for some large maintenance purchases and services which are not required for the 2007-2008 fiscal year. Outside Maintenance-All Facilities Lawn Service - (Inc. sprinklers/weed/fert.) Bay Door Service and Repair Glass Replacement Lift Station Service & Repair Pest Control Fuel Pump Service & Repair Generator Repairs and Service Fuel Tank Repair/Service Lake Maintenance (St. 45) Lawn Sprinkler Repair Outdoor Electric Repair & Service Miscellaneous Outside Repairs Replace NC Compressor and/or Air Handler Total-Outside $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1 A \ 59,740 20,600 2,060 10,300 5,000 3,090 10,815 10,000 1,500 3,605 8,758 20,000 10,000 165,468 BJP/bp 8-10-07/8-24-07/9-10-07 30 2007-2008 Final 161 1 r: l ~ '~ Inside Maintenance-All Facilities Electrical Repairs and Service Plumbing Repairs and Service NC and Ice Machine Maintenance Contract NC and Ice Machine Unexpected Repairs Air Conditioning-Duct Repair/lnspection/Clg. Appliance Repair and Service Fire Alarm Service/Testing Fire Sprinkler Service/Testing Hood/Extinguisher Service Carpet/Furniture Cleaning Miscellaneous Inside Repairs Carpet/Furniture Replacement (Non-Capital) Total-Inside Maintenance $ $ $ $ $ $ $ $ $ $ $ $ $ 10,300 11 ,430 11,330 4,500 12,232 6,704 3,502 2,318 2,163 4,753 20,000 10,300 99,532 $ 265,000 1 107-08 Total 106-07 Total- $312,563 The following budget lines represent expenditure amounts for individual stations. The 2007-2008 budget lines for indviidual stations reflect a minor restructuring, with two general categories identified for each station - repair and maintenace, and replacements items/ purchases. This structure is more realistic, given that minor repairs and replacement needs cannot always be specifically identified when the budget is created. 001-5220-046-000 BUILDING MAINTENANCE-STATION #40-BUDGET LINE 68 Station Repair and Maintenance Replacement Items/Purchases $ $ 4,000 4,000 $ 8,000 I 107-08 TOTAL 106-07 TOTAL - $3,700 BJP/bp 8-10-07/8-24-07/9-10-07 31 2007-2008 Final 001-5220-046-001 161 1 A \ BUILDING MAINTENANCE - STATION #42-BUDGET LINE 69 Station Repair and Maintenance Replacement Items/Purchases $ $ 4,000 4,000 107-08 TOTAL 106-07 TOTAL - $6,850 001-5220-046-003 $ BUILDING MAINTENANCE - STATION #43-BUDGET LINE 70 Station Repair and Maintenance Replacement Items/Purchases $ $ 8,000 I 4,000 4,000 107-08 TOTAL 8,000 1 106-07 TOTAL - $8,800 BJ Plbp 8-10-07/8-24-07/9-10-07 32 $ 2007-2008 Final 161 1 A \ 001-5220-046-004 BUILDING MAINTENANCE-STATION #44-BUDGET LINE 71 106-07 TOTAL - $51,000 001-5220-046-005 BUILDING MAINTENANCE - STATION #45-BUDGET LINE 72 Station Repair and Maintenance Replacement Items/Purchases $ $ 4,000 4,000 107-08 TOTAL $ 8,000 I 106-07 TOTAL - $82,500 BJP/bp 8-10-07/8-24-07/9-10-07 33 2007-2008 Final 161 1 A \ 001-5220-046-006 BUILDING MAINTENANCE - STATION #46-BUDGET LINE 73 Station Repair and Maintenance Replacement Items/Purchases $ $ 4,000 4,000 $ 8,000 1 107-08 TOTAL 106-07 TOTAL - $15,100 BJP/bp 8-10-07/8-24-07/9-10-07 34 2007-2008 Final 161 1A\ 001-5220-046-007 BUILDING MAINTENANCE - STATION #47-BUDGET LINE 74 Station Repair and Maintenance Replacement Items/Purchases $ $ 4,000 4,000 107-08 TOTAL $ 8,000 1 106-07 TOTAL - $11,150 001-5220-046-013 BUILDING MAINTENANCE - SHOP/LOGISTICS-BUDGET LINE 75 Miscellaneous Maintenance Supplies $ 1,000 $ 1,000 1 107-08 TOTAL 106-07 TOTAL - $5,000 BJP/bp 8.10-07/8-24-07/9-10-07 35 2007-2008 Final 161 1 A \ EQUIPMENT REPAIR & MAINTENANCE The cost provisions for the repair and maintenance of fire, SCBA Compressor (formerly referred to by the brand name "MAKO"), and computer equipment, and maintenance of the fire hydrants in the District and contained in the budget lines below. 001-5220-046-006 FIRE EQUIPMENT REPAIR & MAINTENANCE-BUDGET LINE 76 Scott ReDair Proaram Scott Airpack Repair Program Normal Repair & Maintenance of Power Tools, Fire Equipment, Hand Tools, Boat Equipment, ATVs, Thermal Imaging Camera, PPV Fans, Spare Masks 107-08 TOTAL 106-07 TOTAL - $49,050 $ 22,000 $ $ 20,000 42,000 1 001-5220-046-007 SCBA COMPRESSOR REPAIRS-BUDGET LINE 77 Quarterly Maintenance Program Misc. Parts and Repairs $ $ 1,500 3,200 $ 4,700 I 107-08 TOTAL 106-07 TOTAL - $4,700 BJP/bp 8-10-07/8-24-07/9-10-07 36 2007 -2008 Final 161 001-5220-046-008 NOZZLE REPAIR & REPLACEMENT-BUDGET LINE 78 BJP/bp 8-10-07/8-24-07/9-10-07 37 1 A \ 2007-2008 Final 16\ 1 A \ 001-5220-051-002 COMPUTER MAINTENANCE-BUDGET LINE 79 The computer maintenance budget provides for the purchase of software, regardless of the cost since software is not a fixed asset, hardware costing less than $1,000, maintenance and updates for existing software and new software. The 2006-2007 budgeted total reflects a decrease of $92,780, or 41% as compared to the 2006-2007 budgeted amount. The 2006-2007 budget contained provision for the purchase of substantial software. No such provision is required for the 2007-2008 fiscal year. ITEM One Step Software Maintenance (Prevention) Motorola Maintenance (Printrak & Premier MDC) Symantec Anti-Virus Software ESRI Mapping Software Maintenance Backup Parts (Computers in Apparatus) Email Scrubbing Annual Renewal (Postini) EMS 2000 Software Maintenance GIS Anno Mapping Upgrade Astaro Firewall Maintenance Emergency Response Mapping Maintenance Red Alert Maintenance Cadzone Software Licenses Great Plains Maintenance Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 9,000 6,750 5,000 3,600 7,500 4,600 6,000 12,500 6,000 2,000 7,000 5,000 2,500 4,000 81,450 Hardware Miscellaneous Hardware & Software $ 50,000 $ 131,450 1 107- 08 TOTAL 106- 07 TOTAL - $224,230 BJ P/bp 8-10-07/8-24-07/9-10-07 38 2007 -2008 Final 161 1 A \ 001-5220-046-011 HYDRANT MAINTENANCE-BUDGET LINE 80 The estimated cost for hydrant maintenance services performed by the District is provided by the Fire Marshal. Added to that cost is an average (over the last 3 years) of the amounts expended for hydrant repairs paid to outside vendors. The amount provided for in the 2007-2008 budget reflects an increase of $5,000 or 14% as compared to the prior year. $ 40,000 I 107-08 TOTAL 106-07 TOTAL - $35,000 BJP/bp 8-10-07/8-24-07/9-10-07 39 2007-2008 Final 001-5220-052-004 161 1 A EMERGENCY MEDICAUALS SERVICES/ SUPPLIES-BUDGET LINE 81 The Board of Fire Commissioners has identified the ALS program as a District priority. The 2007-2008 budget contains provision for the replacement of medical supplies necessary to provide the Advanced Life Support services to the residents of the District. Provision is also made for the supplies necessary to continue the Community CPR Program. The 2007-2008 budget reflects a decrease of $65,350, or 42% as compared to the 2006-2007 budget. This decrease is partially due to the reclassification of training and certification related expenses, and the lack of need to purchase EMS reporting software in the 2007-2008 fiscal year. Medical Supplies Medical Reporting Software System Maintenance Oxygen Refill and Service Medical Equipment Repair PALS Certification Medical Protocol Printing ACLS Recertification BLS Recertification Community CPR Program Annual Zoll Monitor Maintenance - Units Owned by County $ 60,906 See Computer Maint. Budget $ 5,050 $ 2,544 See Training Budget $ See Training Budget See Training Budget $ $ 2,000 4,500 12,500 107-08 TOTAL 106-07 Total- $152,850 Note: Total cost to maintain ALS Program: Supplies and Non-Capital Equipment Capital Purchases Paramedic Training - Off Durty Overtime Paramedic Certification (Training) Physician Educator (Professional Fees) BJP/bp 8-10-07/8-24-07/9-10-07 40 $ 87,500 1 $ $ $ $ $ $ 87,500 48,750 35,000 15,000 10,000 196,250 2007 -2008 Final 161 001-5220-051-000 OFFICE SUPPLIES - BUDGET LINE 82 The budget amount for this expense line was derived by comparing the average office supply expense for the last four fiscal years with the projected total expense for the current year plus 10%, and selecting the higher of the two figures. 1 A l 107-08 Total 106-07 TOTAL - $35,000 $ 38,000 1 001-5220-051-001 OFFICE SUPPLIES - PREVENTION - BUDGET LINE 83 BJP/bp 8-10-07/8-24-07/9-10-07 41 2007 -2008 Final 161 1 {\ { 001-5220-052-001 PROTECTIVE GEAR-BUDGET LINE 84 The Protective Gear budget line provides for replacement of protective gear (excluding bunker pants and coat, which is identified as a capital asset), and the purchase of protective gear for new employees. The anticipated cost for the 2007-2008 fiscal year reflects a decrease of $21,950, or 44% as compared to the prior fiscal year budgeted amount. ITEM Firefighter Gloves 40 Nomax Hoods 45 Suspenders Helmet Accountability Fronts 10 Spanners Webbing Helmets 10 Helmet Visors Inspection, Cleaning & Repair Wildland Gear Bunker Boots $ $ $ $ $ $ $ $ $ $ $ 2,000 3,000 1,000 1,000 300 250 1,550 2,000 12,000 1,000 3,700 $ 27,800 I 107-08 TOTAL 106-07 TOTAL - $49,750 BJP/bp 8-10-07/8-24-07/9-10-07 42 2007-2008 Final 001-5220-052-002 161 1 A I UNIFORMS-BUDGET LINE - LINE 85 Pursuant to Article 17 of the Collective Bargaining Agreement and Section 16 of District Policies, uniforms for all sworn employees (including Chief Officers) are provided by the District, In addition, the District also provides uniforms on a more limited basis for administrative staff, and two polo shirts for each Fire Commissioner. Annual Uniform Allotman Per Contract - Members of Local 2297 Dress Uniforms Honor Guard Commissioners Mechanics Maintenance Administration/Chief Officers $ 45,000 $ 10,000 $ 4,000 $ 1,200 $ 1,000 $ 1,000 $ 12,800 $ 75,000 I 107-08 TOTAL 106-07 TOTAL - $92,448 BJP/bp 8-10-07/8-24-07/9-10-07 43 2007-2008 Final 161 001-5220-052-007 HURRICANE/EMERGENCY SUPPLIES-BUDGET LINE 86 This budget line provides for the purchase of items necessary to have on hand during a declared state of emergency, including chain saws, replacement blades, leasing of heavy equipment, and food and water for employees, other emergency service personnel and volunteers housed at District facilities. The 2007-2008 budgeted amount reflects no increase in the amount provided for in the 2006-2007 budget because Designated Reserves exist for both Disaster Preparedness and Emergency. 1 A I 107-08 Total 106-07 Total- $10,000 BJP/bp 8-10-07/8.24-07/9-10-07 44 $10,000 I 2007 -2008 Final 161 1 t\ \ 001-5220-052-000 STATION SUPPLIES-BUDGET LINE 87 Provision for basic supplies for all stations is made within this budget line. The amount provided for in the 2007-2008 budget reflects a decrease of $16,880, or 30% as compared to the 2006-2007 budget. Cleanina & Maintenance SUDDlies Paper and Related Items Cleaners Garbage Bags Hair & Body Shampoo Dishwasher Detergent Wipers, Rags, Hand Pads Mops & Accessories Deoderants & Disinfectants Brooms, Brushes, Accessories Vehicle Cleaning Supplies Insect Repellant Towels Coffee and Related Supplies Total-Cleaning & Maintenance Supplies Linen Service - All Stations Basic Supplies 107-08 Total 106-07 Total-$56,880 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 4,000 2,400 2,100 1 ,400 900 1,260 600 600 240 350 150 2,000 16,000 9,000 15,000 40,000 I BJP/bp 8-10-07/8-24-07/9-10-07 45 2007-2008 Final 161 001-5220-051-001 OFFICE EQUIPMENT (NON-CAPITAL)-BUDGET LINE 88 The Office Equipment (Non-Capital) budget line provides for the purchase of small office equipment costing less than $1,000 (such as printers and fax machines), printer cartridges and the lease and maintenance fees for both administrative photocopy machines. The 2007-2008 budget reflects a decrease of $25,200 or 50% as compared to the 2006-2007 budgeted amount. This decrease is due primarily to the change in the photcopier lease agreements, and the decrease in the "per copy" charges associated with those leases. ITEM Copier Leases & Maintenance Postage Machine Lease Printer Repair & Maintenance Printer Cartridges/Supplies Mis. Office Equip. $ $ $ $ $ 1 A ~ 15,000 1,000 3,000 3,000 3,000 107-08 Total 106-07 Total - $50,200 $ 25,000 I BJP/bp 8-10-07/8-24-07/9-10-07 46 2007-2008 Final 16i 001-5220-051-002 OFFICE EQUIPMENT-NON-CAPITAL-PREVENTION-BUDGET LINE 89 As with office supplies, the Fire Prevention Bureau submits an annual list of non- capital office equipment requirements for items specific to the Bureau. The 2007-2008 cost budgeted reflects a decrease of $1,515 or 25% as compared to the 2006-2007 budgeted amount. Fax Cartridge PC-201 Filing Cabinet Printer Printer Cartridges-Laptops Color Printer Cartridges $ $ $ $ $ 1 A { 400 250 800 2,000 1,057 107-08 Total 106-07 - $6,022 $ 4,5071 BJP/bp 8-10-07/8-24-07/9-10-07 47 2007 -2008 Final 161 1 A \ 001-5220-064-001 FIRE EQUIPMENT-NON-CAPITAL-BUDGET LINE 90 Contained within the Fire Equipment (non-capital) budget line are provisions for the purchase of fire equipment with a cost of less than $1,000. The amount provided for in the 2007-2008 budget reflects an increase of $17,950 or 24%, due to reclassification of items from capital to non-capital expenditures. Class A Foam Class B Foam Batteries Absorbent Hand Tool & Small Equipment Replacement 10 30 Minute Bottles Hurst Hydraulic Hose Replacement Search Bags and Line (2) Replacement Nozzles 125 GPM Foam Inductors (2) Cribbing Replacement Headsets Water Rescue Board One Hour Scott Bottles Wildland Gear Miscellaneous Equipment $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 2,100 6,500 1,000 7,850 20,000 10,000 2,000 1,000 5,000 1,000 3,000 5,000 1,000 1,000 2,550 21,000 $ 90,000 I 107-08 TOTAL 106-07 TOTAL - $72,050 BJP/bp 8-10-07/8-24-07/9.10-07 48 2007-2008 Final 161 1 A \ 001-5220-052-008 SHOP EQUIPMENT/SUPPLIES - NON-CAPITAL - BUDGET LINE 91 The Shop Equipment-Non-Capital & Supplies budget line provides for the purchase of small equipment costing less than $1,000 and basic supplies for the shop maintenance facility. The 2007-2008 budgeted amount reflects a decrease of $4,318 or 31%, as compared to the 2006-2007 budgeted amount. Miscellaneous Small Tools and Equipment Miscellaneous Supplies (Oil, etc) $ $ 5,432 4,000 107-08 Total 106-07 Total - $13,750 $ 9,4321 001-5220-052-009 WAREHOUSE/LOGISTICS SUPPLIES & EQUIPMENT-BUDGET LINE 92 The Warehouse/Logistics Supplies & Equipment budget line provides for supplies and small equipment required to operate the warehouse and logistics center for the District, including supplies to clean and maintain protective equipment. The 2007-2008 budgeted reflects a decrease of $1,750, or 30% as compared to the 2006-2007 budget. Office Furniture - Data Entry Employee (Shop/Warehouse) $ Laundry Soap & Supplies for Bunker Gear $ Miscellaneous Shipping and Receiving Supplies $ Service Contract for Extractors $ 1,000 1,000 1,000 1,000 107-08 Total $ 106-07 Total- $5,750 4,000 1 BJP/bp 8-10-07/8-24-07/9-10-07 49 2007-2008 Final 001-5220-031-000 161 PROFESSIONAL FEES-BUDGET LINE 93 The District routinely utilizes a large variety of professional services, including legal, computer support, and the employee assistance program. Because the extent of services required cannot always be determined for the coming fiscal year, current year projections are used to estimate anticipated future costs, making allowances for fee increases. The 2007-20087 Professional Fees budget represents a decrease in costs of $146,500 or 32%. Provision has been made for projected fees for a study for the assessment of fire service fees. Weiss, Serota Cardillo, Keith & Bonaquist Donaldson Law, PA Markham, Norton, Mostettler & Co. (non-audit) Stroemer, Tuscan & Co. (non-audit) SW FL. Polygraph (Background Checks) Employee Assistance Services Temporary Service - Data Entry - Prevention GASB 45 Actuarial Study Computer Service Benefit Consultant Consultant - Fire Assessment Fees Physician Educator Miscellaneous Professional Fees $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1 A \ 25,000 20,000 70,000 2,000 2,000 1,000 3,500 30,000 11,500 30,000 35,000 50,000 10,000 10,000 107-08 Total 106-07 Total - $446,500 $ 300,000 1 BJ P/bp 8-10-07/8-24.07/9-10.07 50 2007-2008 Final 161 1 A \ 001-5220-049-009 COLLIER COUNTY PROPERTY TAX APPRAISER'S FEES-BUDGET LINE 94 Estimate fees are computed based on the budget of the Collier County Property Tax Appraiser's Office, and are provided to the District via written correspondence from that office. These fees constitute the District's share of the Property Tax Appraiser's annual budget, which is how the Property Tax Appraiser is compensated for providing property tax assessments to the District. $191 ,869 I 107-08 TOTAL 106-07 TOTAL - $180,029 001-5220-049-000 COLLIER COUNTY TAX COLLECTOR FEES-BUDGET LINE 95 The Collier County Tax Collector receives an annual fee for collecting and distributing Ad Valorem taxes to the District. The cost is based on Section 192.091, Florida Statute. Based on Millage Rate of 1 Mil: Estimated Tax Revenue: $ 27,446,123 Collector's Fees: 3% of first $50,000 2% on Balance ($27,396,123) Postage $ $ $ 1,500 547,922 2,500 107-08 TOTAL 106-07 TOTAL - $505,233 $ 551,922 1 BJP/bp 8-10-07/8-24-07/9-10.07 51 2007-2008 Final 161 1 A \ 001-5220-032-000 AUDITOR FEES-BUDGET LINE 96 The District is required by law to undergo an annual audit by an independent auditing firm and must submit an audited financial statement to the Auditor General on an annual basis. Estimated fees are based on current year expenditures, plus a slight increase for the implementation of GASB 45. 107-08 Total 106-07 Total - $75,000 $ 80,000 1 BJ P/bp 8-10-07/8-24-07/9-10-07 52 2007-2008 Final 41 6 i 'i' <:.,~ l , ~ ,Ii ~ I 001-5220-049-004 SPECIAL ASSESSOR'S FEE FOR ST. #44-WATER /SEWER-BUDGET LINE 97 This assessment reflects the District's portion of the water and sewer assessment allocated to Station #44 by the County. Collier County Emergency Services pays 38% of this assessment and the District pays 62% of the assessment. The amount provided in the 2007-2008 budget reflects an increase of $1,500 to reflect the actual cost incurred during the 2006-2007 fiscal year. $ 5,500 I 107-08 Total 106-07 Total - $4,000 BJ P/bp 8-10-07/8-24-07/9-10-07 53 2007-2008 Final lQ~ 1 A \ 001-5220-054-002 TRAVEL AND PER DIEM-BUDGET LINE 98 This account reflects all travel and per diem reimbursement expenses for all conferences, seminars and employee and Commissioner travel outside of the District boundaries. Because budget requests for training, seminars and conferences are submitted as much as one year in advance of the event, the exact location and associated travel costs are often unknown and therefore costs are estimated. Where possible, the associated expense budget line has been identified. The 2007-2008 budget reflects an increase of $140. However, this increase is due to a $20,000 provision for reimbursable travel and per diem. Travel/Per Diem - Operations: Training Emergency Medical Service Boat Team Dive Team TRT Team K-9 Team CERT Team HazMat Travel/Per Diem Operations Reimbursable Travel & Per Diem (Funded Training) $ 21,640 $ 5,000 $ 2,000 $ 1,000 $ 2,000 $ 500 $ 2,000 $ 2,000 $ 36,140 $ 2,000 $ 7,000 $ 20,000 $ 5,000 $ 70,140 1 Travel/Per Diem - Prevention Training Travel/Per Diem - Administration/Commissioners Miscellaneous 107-08 Total 106-07 Total. $70,000 BJ P/bp 8-10-07/8-24-07/9-10-07 54 2007-2008 Final 16ij 001-5220-048-000 PUBLIC INFORMATION OFFICER-BUDGET LINE 99 The District employs one full time Public Information Officer, who is tasked with the development, implementation and coordination of all public information programs, including providing information to the media and maintaining the District's photographic records. The 2007-2008 budget reflects a decrease of $7,015 or 63% as compared to the prior year's budget. ITEM DESCRIPTION Annual Subscription-NDN Annual Subscription-News Pro Enlargements VCR Tapes-40 Packs Picture Framing Miscellaneous Supplies Newsletter Total Items $ $ $ $ $ $ $ $ MEMBERSHIPS Florida Association of PIOs Florida Fire Chief's Association Total Memberships $ $ $ lA I 300 350 450 160 200 500 2,000 3,960 50 75 125 107-08 Total 106-07 Total - $11,100 $ 4,0851 BJP/bp 8-10-07/8-24-07/9-10-07 55 2007-2008 Final 161 1 A I 001-5220-048-001 PUBLIC EDUCATION OFFICER-BUDGET LINE 100 The expenses provided in this budget line fund the public education programs offered throughout the year to the residents and visitors of the community, and includes the District's promotion of public safety. The 2007-2008 provision reflects a decrease of $15,853, or 51 %, as compared to the 2006-2007 budget. Free Citizen CPR Classes Pocket Masks $ 500 CPR For Friends and Family Books $ 200 Heartsaver First Aid and CPR Books $ 150 Life Pak CR-Plus AED Trainer $ 265 First Aid Supplies and Mannequin Lungs $ 250 Heartsaver & Healthcare Provider Cards $ 1,200 Sub- Total-Free Citizen CPR Classes $ 2,565 SUDer Sitter Course Backpacks (20) $ 200 Safety Notebooks (20) $ 80 T-Shirts $ 240 Memo Boards (20) $ 80 Sub- Total-Super Sitter Course $ 600 Halloween ODen House Printing of Invitations $ 500 Bleacher Rental $ 882 Candies for Children $ 100 Decorations $ 50 Refreshments & Paper Goods $ 300 Food $ 300 Bicycle Safety Gear $ 222 Garbage Bags $ 140 Garbage Cans $ 161 Fishing Game Supplies $ 150 Cakes (2) $ 250 Rental Costumes $ 200 Targets for Water Spray $ 75 Face Painting Supplies $ 50 Football Toss Supplies and Storage $ 150 Ice $ 425 Sub-Total-Halloween Party $ 3,955 BJP/bp 8-10-07/8-24-07/9-10.07 56 2007-2008 Final 161 1 A \ General Fire Safetv Fire Prevention and Education Brochures Sub-Total-General Fire Safety $ $ 1,000 1,000 EXDlorer Post #2297 T-Shirts Powerade and Coolers Flag for Post Collared Embroidered Shirts Sub- Total-Explorers Post $ $ $ $ $ 100 100 100 250 550 Venturina Crew #2001 Supplies for Scout Show Sub-Total -Venturing Crew $ $ 150 150 Children's Fire Safetv Proarams Personalized NNFD Red Plastic Helmets Fire Safety Coloring Books Dalmation Coloring Books Fire Safety Pencil Toppers Misc. Supplies and Refreshments for Tours Personalized Children's Badges Personalized Pencils Sub-Total - Children's Fire Safety $ $ $ $ $ $ $ $ 5,000 200 200 100 200 180 300 6,180 107-08 Total 106-07 Total- $30,853 $ 15,000 I BJ P/bp 8-10-07/8-24-07/9-10-07 57 2007-2008 Final 161 1 A \ 001-5220-049-003 VEHICLE FUEL & OIL-BUDGET LINE 101 This expense line reflects vehicle fuel and oil for all District apparatus and vehicles. Because of the fluctuation of gasoline and diesel prices, and the inability to accurately predict what those prices will be in the coming fiscal year, especially in light of the recent, significant increases, cost estimates for budgeting purposes have been made by factoring in a 10% use increase, plus a 30% cost per gallon increase based on an average cost of $3.20 per gallon. DISTRICT VEHICLES 8 Engines 4 Aerials 2 Telesquirts 4 Brush Trucks 47 Staff Cars 2 Rescues 1 Reserve Engine 4 Boats 1 Antique Engine 2 ATVS (Beach) 3 SRUs 107-08 Total 106-07 Total- $207,130 $ 290,000 I BJP/bp 8-10-07/8-24-07/9-10-07 58 2007-2008 Final 161 1 A \ 001-5220-054-001 TRAINING COURSES/CONFERENCES - BUDGET LINE 102 The budget line for training expenses for the fiscal year 2007-2008 has been revised to reflect the cost for all courses and conferences for all divisions of the District, rather than all training expenses being budgeted by division. Due to this restructuring, a comparison of the budgeted expenses for 2006-2007 and 2007-2008 is ineffective. ODerations: Trainina Division Florida State Fire College $ Public College Classes $ Specialty Training $ Instructor Development $ Outside Instructors $ Firefighter Development $ Total - Training Division $ 2,400 20,000 4,100 1,500 5,000 2,000 35,000 Emeraencv Medical Services Emergency Medical Service Conferences $ Paramedic School $ ACLS Recertifications $ BLS Recertifications $ PALS Certification $ Total - Emergency Medical Services $ 3,000 25,000 6,600 745 4,500 39,845 Dive Team DR1 Trainer Certification $ Total - Dive Team $ 1,000 1,000 HazMat Team Unidentified Conferences and Training $ Total - HazMat Team $ 4,000 4,000 Technical Rescue Team Outside Training $ Training Adjuncts $ Total - Technical Rescue Team $ 3,000 1,000 4,000 BJP/bp 8-10-07/8-24-07/9-10-07 59 2007-2008 Final 161 1Al K-9 Search and Rescue Trainina Out of District Training $ 500 Total - K-9 Search and Rescue $ 500 Training Courses/Conferences - Operations $ 84,345 Fire Prevention Fire Code Training $ 3,000 Total - Fire Prevention $ 3,000 Administration Payroll Certification Conference $ 1,400 APA Year End Seminar $ 500 HR Collier Monthly Seminars & Annual Conference $ 750 Public College Courses $ 9,000 Florida State Fire College $ 2,000 Community Affairs Meeting $ 1,500 Int. Assoc. of Fire Chiefs $ 900 Maintenance & Specification Seminars $ 1,000 Reference Manuals and Outside Training $ 2,000 Professional Development $ 5,000 FDIC $ 1,600 Commissioners' Training $ 2,000 FASD Conferences/Seminars $ 3,000 S. E. Chief's Conference $ 1,000 Total - Administration $ 31,650 107-08 Total $ 118,995 I BJP/bp 8-10-07/8-24-07/9-10-07 60 2007-2008 Final 161 001-5220-054-002 TRAINING - SUPPLIES AND EQUIPMENT - BUDGET LINE 103 As with Budget Line 101 - Training Courses/Conferences, this budget line reflects restructuring from the 2006-2007 budget line. The expenses contained within this budget line are for the supplies and equipment required for operational training No comparison is made between the 2006-2007 and 2007-2008 budgets for this reason. Software and Videos Books and Training Magazines Propane Equipment for Training Vehicle Water & Coolers Weather Station for Tower (Including Installation) Training Tower Maintenance Hand Held Weather Meters (3) Smoke Machine Supplies Props and Training Supplies Auto Extrication Training Miscellaneous Training Supplies and Equipment $ $ $ $ $ $ $ $ $ $ $ $ $ 1 A \ 5,000 6,000 5,000 3,000 1,000 1,000 2,000 1,000 1,000 3,000 10,000 7,000 45,000 107-08 Total $ 45,000 1 BJP/bp 8-10-07/8-24-07/9-10-07 61 2007-2008 Final 161 001-5220-099-000 MISCELLANEOUS EXPENSE-BUDGET LINE 104 The Miscellaneous Expense budget line provides for expenses, often one-time in nature, which cannot be accurately categorized in another expense budget line. No increase is expected in the expenses for this budget line. 1 ~ \ 107-08 Total 106-07 Total - $30,000 $ 30,000 I BJ P/bp 8-10-07/8-24-07/9-1 0-07 62 2007 -2008 Final 161 1 At 001-5220-054-000 SUBSCRIPTION AND DUES-BUDGET LINE 105 The District provides a variety of trade related and informational publications for staff, as identified below. These publications increase knowledge and contain information on new developments within the fire service. Also identified in this expense line are membership dues for Chief Officers and other employees, as well as the membership dues for the District for the Florida Assoc. of Special Districts and the annual dues to support the Fire Service Steering Committee. ITEM CC Fire Chief's Association (1) Naples Daily News-7 Stations Dept. of Com. Affairs-Special Districts Florida Public Personnel Association (District M/Ship) ISFSI Florida (Training) Florida Fire Chief Association (4) Int. Assoc. of Fire Chiefs (4) Florida Assoc. of Special Dist. Sam's Club Florida CERT Assoc. (1) American Payroll Association (1) SW Florida American Payroll Association (1) Society for Human Resource Management (1) Payroll Source HR Collier (1) Fire Service Steering Committee Firehouse Magazine- (Chief, St. 43 & 45) Fire Engineering Magazine (Chief) $ 50 $ 1,470 $ 250 $ 125 $ 225 $ 300 $ 500 $ 4,000 $ 175 $ 15 $ 300 $ 165 $ 100 $ 150 $ 250 $ 6,600 $ 90 $ 35 $ 14,800 1 107-08 Total 106-07 Total- $9,195 001-5220-054-001 BJP/bp 8-10-07/8-24-07/9-10-07 63 2007-2008 Final 16' 1 A \ PREVENTION-DUES AND SUBSCRIPTIONS-BUDGET LINE 106 Identified below are membership dues unique to the Fire Prevention Bureau. The 2007-2008 budget provision reflects a decrease of $168 as compared with the 2006-2007 budget. IAAI FL Chapter IAAI Collier County Fire Marshals Florida Fire Marshal & Inspector Assoc. International Fire Chief's Association Florida Fire Chief's Assoc. $ $ $ $ $ $ 75 150 10 100 75 90 ITotal - 07-08 ITotal - 06-07 - $668 BJP/bp 8-10-07/8-24-07/9-10-07 64 $ 2007-2008 Final 500 I 161 1 A \ 001-5220-099-007 PETC-BUDGET LINE 107 This expense line represents the District's portion of funding to maintain the Pre-Employment Testing Committee. Our estimated share is usually provided by written communication from the Committee. However, for the 2007-2008 budget, the District was verbally instructed to budget approximately the same amount as charged the prior year. Request has been made for written confirmation, but has not yet been received. A minimal increase has been provided to insure adequate funds will be available. $ 1,600 1 107-08 Total 106-07 Total- $2,500 001-5220-054-821 LEGAL ADVERTISEMENTS-BUDGET LINE 108 The District is required by Florida Statute to provide legal notice of meetings, workshops, and special meetings. The expense amount allocated represents the anticipated current year expense plus an additional 1 0%. $ 9,000 1 107-08 Total 106-07 Total- $8,250 BJP/bp 8-10-07/8-24-07/9-10.07 65 2007-2008 Final 16/ 1 A \ 001-5220-054-200 DIVE RESCUE TEAM-BUDGET LINE 109 The Dive Team consists of 27 members who respond to any and all situations involving water rescue, including vehicles in canals, drownings and recovery of evidence. Each member is a Dive Rescue I certified diver, and 3 members are Public Safety Scuba Instructors. DIVE TEAM EQUIPMENT Annual Equipment Maintenance Dry Suit Gloves Miscellaneous Equipment Total Dive Team Equipment $ $ $ $ 2,000 500 2,000 4,500 DUES/MEMBERSHIPS PSSI Re-Certs Total Dive Dues/Memberships $ $ 150 150 107-08 TOTAL $ 4,650 1 106-07 TOTAL - $21,405 NOTE: Total Cost to Maintain Dive Time is as follows: Dive Budget $ 4,650 Dive - Capital $ Budgeted with Prof. Pay $ 6,240 Budgeted with Bonus $ 7,500 Budgeted with Overtime $ 34,625 TOTAL COST TO MAINTAIN DIVE $ 53,015 BJP/bp 8-10-07/8-24-07/9-10-07 66 2007.2008 Final 161 1 A I 001-5220-054-005 FIRE PREVENTION MATERIALS & SUPPLIES-BUDGET LINE 110 The Fire Marshal annually submits a list of the anticipated requirements for fire prevention related materials and supplies, including key boxes, anemometers to test air flow, NFPA reference manuals, and basic operational supplies which comprise this budget line. The 2007-2008 budgetary provision reflects an increase of $4,226, or 26% as compared to the 2006-2007 budget. ITEM 3.5" Floppy Disks 2HD 50 Pack $ 100 Packs of Film-35 MM - 100 $ 500 Film Developing-35 MM 100 $ 550 NFPA Reference Manual $ 50 NFPA 99/Health Care Facilities $ 55 Fire Pump Handbook $ 40 Key Boxes (25 at $390 Each) $ 9,750 (Key Boxes have Cost Recovery) National Fuel Gas Handbook $ 45 Street Map $ 100 NFPA 921 New Edition $ 55 Pitot Gauge Replacement $ 375 Anemometers (Test Air Flo) $ 418 Fire Alarm Handbook $ 55 Q350 DB Meters $ 472 New Florida Building Codes $ 1,000 NFPA Codes - Operating Licenses (16) $ 2,550 NFPA New Codes (18) $ 4,050 American Disabilities Act Set $ 45 107-08 Total $ 20,210 1 106-07 Total- $15,984 BJP/bp 8-10-07/8-24-07/9-10-07 67 2007-2008 Final 161 001-5220-054-008 HAZARDOUS MATERIALS TEAM-BUDGET LINE 111 The HazMat Team consists of 39 members, which include 3 Chief Officers. The team members are trained to deal with chemical spills, leaks and radiological emergencies, as well terrorism and weapons of mass destruction. The District's HazMat Team is one of twenty-three District Response Teams recognized by the Department of Community Affairs. 1 AI The 2007-2008 budget reflects a decrease of $28,500, or 65%, as compared to the prior year. HAZMAT EQUIPMENT Patch and Plug Pads/Booms Replacement Level A Suits & Gloves (phase 4 out old) Replacement of Sampling Supplies Rehab/Extended Operations Supplies Total - Equipment $ $ $ $ $ 1,000 8,000 3,000 3,000 15,000 107-08 TOTAL 106-07 TOTAL - $43,500 $ 15,000 I NOTE: Total cost to maintain HazMat Team is as follows: HazMat Budget HazMat Budget - Capital Medical (Budgeted with Physicals) Budgeted with Prof. Pay Budgeted with Bonus Budgeted with Overtime TOTAL COST TO MAINTAIN HAZMAT TEAM $ $ $ $ $ $ $ 15,000 2,000 6,000 6,240 10,200 83,762 123,202 BJP/bp 8-10-07/8-24-07/9-10-07 68 2007.2008 Final 16\ l~f 001-5220-054-300 PRE-FIRE PLANNING-BUDGET LINE 112 No expenditures have been made under this budget expense category for the last three years - therefore no provision has been made for expenditures for the 2007-2008 year. $ - I 107-08 TOTAL 106-07 TOTAL - $1,000 BJP/bp 8-10-07/8-24-07/9-10-07 69 2007-2008 Final 161 lA( 001-5220-054-009 TECHNICAL RESCUE TEAM-BUDGET LINE 113 The District's 30 member Technical Rescue Team is trained for confined space, structural collapse, trench collapse and high angle rescue operations. The 2007-2008 budgeted amount reflects a decrease of $47,750, or 86%, as compared to the 2006-2007 budgeted amount. The 2007-2008 budgeted amount is comprised of only absolutely essential small equipment replacements. HIGH ANGLE CONFINED SPACE Large Carabiners $ Xlarge Carabiners $ Single and Double Pulleys $ 2 Double Pulleys $ Rescue Rope $ Miscellaneous Supplies $ Total-High Angle Confined Space $ 500 500 500 150 2,000 1,775 5,425 TRENCH/STRUCTURAL COLLAPSE Hand Tools/Lumber $ Total-Trench/Structural Collapse $ 2,000 2,000 107-08 TOTAL $ 7,4251 106-07 TOTAL - $55,175 NOTE: Total cost to maintain TRT Team is as follows: TRT Budget $ 7,425 TRT Budget - Capital $ Budgeted with Prof. Pay $ 6,240 Budgeted with Bonus $ 8,400 Budgeted with Overtime $ 81,874 TOTAL COST TO MAINTAIN TRT TEAM $ 103,939 BJP/bp 8-10-07/8-24-07/9-10-07 70 2007-2008 Final l~~ 1 A t 001-5220-054-100 BOAT TEAM-BUDGET LINE 114 The District's Boat Team consists of 16 boat operators, 13 of whom are Coast Guard certified boat captains. The Boat Team assists in water rescue operations. The budgeted expenses for 2007-2008 reflect a decrease of $11,200, or 65%, as compared to the 2006-2007 budget. BOAT MAINTENANCE Boat Slip Annual Maintenance Fee Life Raft Certification Bottom Cleaning (Monthly) Bottom Paint and Haulout (Annual) Total Maintenance $ $ $ $ $ 3,000 750 1,000 1,200 5,950 107-08 TOTAL $ 5,950 1 106-07 TOTAL - $17,150 NOTE: Total cost to maintain Boat Team is as follows: Boat Team Budget $ 5,950 Boat Team Budget - Capital $ 6,000 Budgeted with Prof. Pay $ 6,240 Budgeted with Bonus $ 4,500 Budgeted with Overtime $ 16,381 TOTAL COST TO MAINTAIN Boat Team $ 39,071 BJPlbp 8-10-07/8-24-07/9-10-07 71 2007-2008 Final 161 . :1 1 A I 001-5220-054-007 CERT-BUDGET LINE 115 The District currently has 22 trained and equipped Community Emergency Response Teams (CERT) within the District comprised of over 350 concerned citizens. These team members receive special training to respond to and assist others during a storm, hurricane or other emergency event. The CERT education program consists of a 24 hour course presented over 8 weeks, free of charge. The expenses identified in this budget line are the materials, supplies and equipment required to continue training additional teams and support the existing teams. CERT Functions Health Fair Entry Fee (1) $ Recognition Pins $ Recognition Awards $ Sub-Total-CERT Functions $ CERT SUDDlies and Refreshments Refreshments - all meetings/trainings $ ID Cards $ CERT T-Shirts $ CERT Bags $ Office Supplies $ Sub-Total- Supplies and Refreshments $ CERT Publications Printing of CERT Books $ CERT Website $ Sub-Total- Publications $ 100 105 611 816 1,400 572 970 9,170 100 12,212 1,100 550 1,650 107-08 Total $ 106-07 Total- $27,319 14,678 1 BJP/bp 8-10-07/8-24-07/9-10-07 72 2007-2008 Final 161 1 A r 001-5220-054-600 BUDGET LINE #116 - PEER FITNESS Small Equipment $ 1,500 $ 1,500 I 107-08 TOTAL 106-07 TOTAL - $3,500 001-5220-054-820 K-9 SEARCH AND RESCUE TEAM-BUDGET LINE 117 The District has operated Collier County's only active search and rescue canine team, which in the past, consisted of Lieutenant Ryan Paige and McCloud. During the course of the 2006-2007 fiscal year, McCloud "resigned" from service due to medical issues. Lieutenant Page is in the process of securing another rescue canine. Costs reflected in this budget line include veterinary fees and out of District training. The 2007-2008 budget reflects a decrease of $1,600 or 52% as compared to the prior year's budget. K-9 EQUIPMENT/MISC. K-9 Medical Miscellaneous Supplies Total K-9 Equipment/Misc. $ $ $ 500 1,000 1,500 $ 1,500 1 107-08 TOTAL 106-07 TOTAL - $3,100 NOTE: Total cost to maintain K-9 Team is as follows: K-9 Budget Budgeted with Overtime TOTAL COST TO MAINTAIN K-9 Team $ $ $ 1,500 1,500 BJP/bp 8-10-07/8-24-07/9-10-07 73 2007 -2008 Final 161 lAt 001-5220-054-013 HONOR GUARD - BUDGET LINE 118 The Honor Guard was established in 2003 through a joint effort of the District and Local 2297. The unit was established to function primarily in the event that a member of Local 2297 was killed in the line of duty. The Honor Guard has also attended many public events, such as station openings, parades, ceremonies and conferences. All current members are self trained. It is a completely voluntary program which has been self funded up until 2005-2006 The Honor Guard provides positive representation of the District, and therefore it is the desire to provide funding for basic needs for this group. EauiDment Miscellaneous Equipment $ $ 3,000 107-08 TOTAL 106-07 TOTAL - $3,223 3,000 1 BJP/bp 8-10-07/8-24-07/9-10-07 74 2007-2008 Final 161 lA\ 001-5220-054-500 SERVING OUR SENIORS-BUDGET LINE 119 S.O.S. is a volunteer program which provides weekly grocery delivery to senior citizens who live independently but do not drive. This program is supported by more than 20 volunteers who reside in the District. Based on expenditurers for the last two fiscal years (none), no financial provision is made in the 2007-2008 budget. $ - I 107-08 Total 106-07 Total- $550 CONTINGENCY-BUDGET LINE 120 This budget line is provided to cover excess expenditures from other budget lines during the course of the year. $ 50,000 1 107-08 Total 106-07 Total - $50,000 BJP/bp 8-10-07/8-24-07/9-10-07 75 2007-2008 Final 161 1 A \ DEBT SERVICE The expenses classified under this expenditure category are those associated with any principal and interest payments resulting from the District's short and long term debt. The District has been fortunate enough to incur very little debt. As of the beginning of the fiscal year, debt consists of the loan with Bank of America to purchase land located on Kathleen Court and on Pine Ridge in October 2004. The term of the loan is five years. Payments are made monthly. The loan will be paid in full in November of 2009. In addition to the above loan, provision is made in the 2007-2008 budget for principal and interest payments on a line of credit with Orion Bank for the rennovation of the shop/maintenance facility and Fire Prevention headquarters located on Taylor Road. BJ P/bp 8-10-07/8-24-07/9-10-07 76 2007-2008 Final 161 ~ .'J 1 A I 001-5220-072-001 INTEREST PAYMENT-LAND/BUILDING LOAN-BUDGET LINE 125 This budget line represents the interest due on an existing loan for the purchase of land as derived from the loan amortization schedule, plus anticipated interest on a line of credit for the payment of the rennovations to the shop/maintenance and Fire Prevention facility located on Taylor Road. $ 209,598 I 107-08 Total 106-07 Total - $52,876 001-5220-099-002 LAND LOAN - PRINCIPAL PAYMENT - BUDGET LINE 123 The loan principal payments represents the principal portion of the annual payment on the loan for the purchase of property. Payments on this loan are made monthly, and payment in full will be made in November of 2009. In addition to the land loan principal payment, provision is made for a principal payment on the line of credit for the rennovatioins to Taylor Road as described above. $ 176,210 I 107-08 Total 106-07 Total- $1,052,070 BJP/bp 8-10-07/8-24-07/9-10-07 77 2007-2008 Final 16 lA\ 001-5220-062-000 CAPITAL-STATION IMPROVEMENTS & EQUIPMENT-BUDGET LINE 126 This budget line reflects expenditures for all of the District's stations which meet the criteria of a fixed asset (cost of $1,000 or more, and a life expectancy of more than one year). The 2007-2008 expenditures reflect a decrease of $338,620 or 71% as compared to the 2006-2007 budgeted expenses. Station #40 NC Duct, Fire Sprinkler & Alarm Renovations Total-Station #40 $ $ 61,800 61,800 Station #42 Total - Station #42 $ Station #43 Resurface Kitchen Cabinets Total-Station #43 $ $ 6,180 6,180 Station #44 Treadmill Exhaust System Total-Station #44 $ $ $ 2,500 36,050 38,550 Station #45 Replace Dumpster Area Water Softening System Exercise Room Flooring Total - Station #45 $ $ $ $ 10,000 3,800 4,000 17,800 Station #46 Total - Station #46 $ Station #47 Air Conditioner Replacement (1/3 Cost) Total-Station #47 $ $ 10,000 10,000 TOTAL CAPITAL PURCHASES-ALL FACILITIES 07-08 106-07 Total - $472,950 $ 134,330 BJ P/bp 8-10-07/8-24.07/9-10-07 78 2007-2008 Final 161 lA\ 001-5220-064-001 CAPITAL PURCHASES-FIRE EQUIPMENT-BUDGET LINE 127 Purchases of capital fire equipment for the 2007-2008 fiscal year include replacement fire hose, wireless radio headsets for officers, and the provision for replacement of equipment that may not be identified at this time. The 2007-2008 budgeted amount reflects a decrease of $28,500 or 20% as compared to the prior year's budget. ITEM Replacement Fire Hose Radio Headsets for Officers (Wireless) Cutters Edge Chain Saw K-12 Circular Saw Replacement Intake Valves Positive Pressure Fans (2) Thermal Imaging Camera (1) (P-45/SQ-45) Wench Assembly (BC40) Hose Testing Machine Replacement Capital Equipment 107-08 TOTAL 106-07 TOTAL - $140,500 $ $ $ $ $ $ $ $ $ $ $ 20,000 25,000 1,500 1,500 5,000 4,000 7,000 3,500 4,500 40,000 112,000 1 001-5220-064-011 CAPITAL PURCHASES-PROTECTIVE GEAR-BUDGET LINE 128 This budget line reflects a decrease of $45 ,000 or 69% as compared to the expense budgeted in the 2006-2007 budget. Bunker Gear - Replacement $ 20,000 $ 20,000 I 107-08 TOTAL 106-07 TOTAL - $65,000 BJP/bp 8-10-07/8-24-07/9-10-07 79 2007-2008 Final 16 1[\1\ 001-5220-064-002 CAPITAL PURCHASES - MEDICAL EQUIPMENT-BUDGET LINE 129 The provision for the purchase of medical equipment constituting capital items reflected in this budget line reflects a decrease of $20,000 or 29% as compared with the 2006-2007 budgeted amount. Medical Simulation Training Equipment Automatic Compressor Device (1 ) $ $ 18,000 30,750 $ 48,750 1 107-08 TOTAL 106-07 TOTAL - $68,570 001-5220-064-009 CAPITAL PURCHASES- COMMUNICATION EQUIPMENT-BUDGET LINE 130 This budget line reflects a decrease of $7,300, or 19% as compared to the 2006-2007 budget. 800 MHZ LPE Portable Radios (4) VHF Portable Radios (4) VHF Mobile Radio (1) 1 800 MHZ Mobile Radio $ $ $ $ 18,000 5,955 1,545 4,500 $ 30,000 I 107-08 TOTAL 106-07 TOTAL - $37,300 BJP/bp 8-10-07/8-24-07/9-10-07 80 2007-2008 Final 161 lA\ 001-5220-064-013 CAPITAL PURCHASES-OFFICE EQUIPMENT-BUDGET LINE 131 The 2007-2008 budget reflects an increase of $86,500 as compared to the prior year. This increase is a result of the budgetary provision for office furniture, fixtures and equipment, including photocopier, postage and fax equipment, for the Fire Prevention Bureau offices to be rennovated at the Taylor Road location. Furniture. Fixtures and Equipment - Prevention Bureau Paper Shredder (HIPA Compliance) 107-08 Total 106-07 Total- $15,000 $ $ $ 100,000 1,500 101,500 1 BJP/bp 8-10-07/8-24-07/9-10-07 81 2007-2008 Final 161 1 A \ 001-5220-064-010 CAPITAL PURCHASES-COMPUTERS-BUDGET LINE 132 This budget line provides for the purchase of 10 replacement computer workstations, replacement of a server and the replacement of a tape autoloader system, as well as miscellaneous hardware with a cost constituting a fixed asset ($1,000). The 2007-2008 budget line reflects a decrease of $173,365 or 77% as compared to the prior year's budget. This decrease is due to the reduction of capital purchases required for this fiscal year. 15 Replacement Workstations Replacement Laptop Computer Tape Autoloader Replacement PowerEdge 2950 Server Misc. Hardware 107-08 Total 106-07 TOTAL - $224,230 001-5220-064-006 $ $ $ $ $ $ 30,000 4,000 5,615 6,250 5,000 50,865 1 CAPITAL PURCHASES-TRT EQUIPMENT - BUDGET LINE 133 There are no capital purchases for TRT Equipment provided for in the 2007-2008 budget. 107-08 Total $ - I 106-07 TOTAL - $3,600 001-5220-064-011 CAPITAL PURCHASES - FIRE PREVENTION - BUDGET LINE #134 There are no fire prevention capital purchases provided for in the 2007-2008 budget. $ - 1 107-08 Total 106-07 Total - $4,560 BJP/bp 8-10-07/8-24-07/9-10-07 82 2007 -2008 Final 16 1 A [ 001-5220-064-018 CAPITAL PURCHASES - LAND - BUDGET LINE #135 The 2007-20087 budget contains no provision for the purchase of land. 107-08 Total -106-07 Total- $1,803,200 001-5220-064-016 $ - I CAPITAL PURCHASES - BOAT TEAM - BUDGET LINE 136 The 2007-2008 budget for capital purchases for the Boat Team consists of the purchase of a 40 HP Tank-4 stroke motor for Boat 40. The total provision for the purchase of capital items for the Boat Team is $2,000, which reflects a decrease of $6,500, or 52% as compared to the prior year. 40 HP with Tank - 4 Stroke Motor for Boat 40 $ $ 107-08 TOTAL 106-07 TOTAL - $12,500 001-5220-064-008 CAPITAL PURCHASES - TRAINING EQUIPMENT-BUDGET LINE 137 The Capital Training Equipment budget line for 2007-2008 reflects a decrease of $15,600 or 44% as compared to the prior year's budget. Adult (2), Child and Infant Manikins Multimedia Room Projector Replacements (2) Truckman Prop Storage Shed Tower Window Props (2) 107-08 TOTAL 106-07 TOTAL - $35,000 $ $ $ $ $ $ 6,000 6,000 I 4,400 4,000 1,000 8,000 2,000 19,400 1 BJPlbp 8-10-07/8-24-07/9-10-07 83 2007-2008 Final 161 lA\ 001-5220-064-004 CAPITAL PURCHASES - VEHICLES-BUDGET LINE 140 The 2007-2008 budget contains the provision for the purchase of one replacement vehicle in the amount of $30,000, which reflects a decrease of $97,000, or 76% as compared to the prior year's budget. Replacement Vehicles: 1 Ford Expedition (Replacement for Squad 45) (Cost includes light bars and sirens) $ 30,000 ITotal Vehicle Purchases 07-08 (General Fund) $ 30,000 I 106-07 TOTAL - $127,000 001-5220-064-019 CAPITAL PURCHASES - SHOP EQUIPMENT-BUDGET LINE 141 The 2007-2008 Shop capital purchases are projected to be $79,700 more than the amount budgeted for the 2006-2007 fiscal year. This is due to the provision for the purchase of an emergency generator that would allow the shop facility to continue operating should a loss of power occur. NC Recovery & Recycle System Emergency Generator Transmission Scan Tool Miscellaneous Capital Tools 107-08 Total 106-07 Total - $15,300 $ $ $ $ $ 3,000 80,000 10,000 2,000 95,000 1 BJP/bp 8-10-07/8-24-07/9-10-07 84 2007-2008 Final 16 lA\ 001-5220-064-022 CAPITAL PURCHASES - LOGISTICSIWAREHOUSE-BUDGET LINE 142 001-5220-064-016 There are no budgeted capital purchases for the Logistics Warehouse for the 2007-2008 fiscal year. $ - I 107-08 Total 106-07 Total - $3,000 CAPITAL PURCHASES-HAZMAT TEAM-BUDGET LINE 143 001-5220-064-015 This budget line reflects a decrease of $13,000 or 86%, as compared to the prior year. Photo Ionization Monitor $ 2,000 $ 2,000 I 107-08 TOTAL 106-07 TOTAL - $15,000 BJ P/bp 8-10-07/8-24-07/9-10-07 85 2007-2008 Final 161 1 A l 001-5220-064-007 CAPITAL PURCHASES - DIVE TEAM - BUDGET LINE 145 001-5220-064-007 There are no budgeted capital purchases for the Dive Team for the 2007-2008 fiscal year. $ - I 107-08 TOTAL 106-07 TOTAL - $13,195 001-5220-064-014 CAPITAL PURCHASES - FIRE APPARATUS - BUDGET LINE 145 Used Water Tanker $ 80,000 107-08 Total $ 80,000 1 106-07 Total- $-0- 001-5220-064-022 CAPITAL PURCHASES-PEO-BUDGET LINE 146 There are no capital purchases for the Public Education Officer provided for in the 2007-2008 budget. $ - 1 107-08 Total 106-07 Total - $5,000 BJP/bp 8-10-07/8-24-07/9-10-07 86 2007-2008 Final 161 1 A f CAPITAL PURCHASES - RENNOVATION - SHOP/PREVENTION-BUDGET LINE 147 This budget line provides for rennovation expenses of the Shop/Maintenance Facility, Logistics/Warehouse and Fire Prevention Headquarters located on Taylor Road which will not be covered by the line of credit. 001-5220-064-022 Rennovation of Shop/Logistics/Prevention Bureau (Taylor Road) 107-08 Total $ $ 250,000 250,000 1 BJP/bp 8.10-07/8-24-07/9-1 0-07 87 2007.2008 Final 16 lAr DESIGNA TED RESERVES - 2007-2008 In September of 2002, the Board of Fire Commissioners created Designated Reserves in the General Fund. These Designated Reserves have expanded in both classification and amount over the last four fiscal years as the Board has continued to identify the funding of these reserves as a priority for the District. A Designated Reserve is a portion of the General Fund's Cash Reserve which the Board identifies to be used for a specific purpose, such as the replacement of fire apparatus. By designating a portion of the cash reserve, the Board is in effect providing for major purchases over the course of several fiscal years. The Board can eliminate (or "undesignate" ) or change the amount of a Designated Reserve at any time, by resolution or motion, should a need arise. Pursuant to projections for September 30, 2007, the Designated Reserves at that fiscal year end should be as follows: Category Emergency Reserve Operating Reserve Loan-Lump Sum Payment USAR Team Deployment Fire Apparatus Building Improvements Vehicle Replacement Capital Equipment Disaster Preparedness St. #40 Repair/Replacement St. #46 Improvements Nursery Lane Improvements Replacement Radios/Communications GASB 45-Post Emp. Benefit Funding ALS Program Heavy Rescue Health Insurance Workforce Housing New Personnel Wages Personal Protective Gear Total-Designated Reserves Total-Undesignated Reserves Total Reserves Projected 9-30-07 Projected 9/30/2007 $ 400,000 $ 771,451 $ 330,000 $ 300,000 $ 824,641 $ 236,451 $ 342,751 $ 231,451 $ 515,801 $ $ 20,900 $ 5,000 $ 300,000 $ 500,000 $ 500,000 $ 75,000 $ 500,000 $ 103,509 $ 950,000 $ 75,000 $ 6,981,955 $ 136,209 $ 7,118,164 BJPlbp 8-29-07/9-10-07 88 2007-2008 Final 161 Oesirlnated Reserves Option 3-A - No Category Roll Back (1 mil) EmerQencv Reserve $ 475,000 Goeratina Reserve $ 750,000 Loan-Lumo Sum Pavment $ 500,000 USAR Team Deolovment $ - Fire Aooaratus $ 1,200,000 BuildinQ Imorovements $ 300,000 Vehicle Reolacement $ 100,000 Caoital Eauioment $ 250,000 Disaster Preoaredness $ 500,000 SI. #40 Reoair/Reolacement $ - SI. #46 Imorovements $ 20,900 Nursery Lane Imorovements $ - Replacement Radios/Communications $ 300,000 GASB 45-Post Emo. Benefit Fundin $ 500,000 ALS Proaram $ 500,000 Heaw Rescue $ - Health Insurance $ 500,000 Workforce Housina $ - Staffina Level Retention $ 2,215,812 Personal Protective Gear $ 100,000 Total-Desianated Reserves $ 8,211,712 Total-Undesignated Reserves $ - Total Re.erves at 9-30-08 $ 8,211,712 30"10 of Budgeted Expenses BJP/bp B-29-07/9-10-07 89 lAI 2007-2008 Final 161 1 A 1 IMPACT FEE FUND Chapter 99-450, the District's codified enabling act, Article VI, Section 8 establishes the Board of Fire Commissioners' right to assess impact fees. Pursuant to Florida law, an impact fee must comply with the "dual rational nexus" test which requires "a reasonable connection, or rational nexus, between the need for additional capital facilities and the growth in population generated by the subdivision." Additionally, there must be a reasonable connection between the expenditure of the funds and the benefits to those paying the fee. Impact fees must be designated and segregated for the purchase or construction of capital assets (that is, items costing more than $1,000 and having a life of more than one year) required due to growth of the District. Costs to maintain, staff or replace a facility or piece of equipment may not be funded by impact fees. The Board of Fire Commissioners establishes the impact fee rate schedule each year by resolution when adopting the annual budget for the fund. In January of 2006, the District, along with the other independent fire districts in Collier County, received a study on impact fee rates prepared by an independent consultant. Contained within that study is the recommendation for the District to increase the impact fee rates to $.28 per square foot for residential structures and $.99 per square foot for commercial structures. Due to the continued increases in the cost of land and construction to build stations to provide service to the new growth in the District, it is essential that the impact fee rates be increased to be able to fund the required infrastructure necessary to serve the projected growth in the District. Therefore, the 2007-2008 budgeted impact fees reflect the recommended increase in rates. During the course of the 2006-2007 fiscal year, the District purchased land for2 new station station sites - Oaks Boulevard and Vanderbilt Beach Road (Station #410) and Sun Century, near Wiggins Pass (Station #411). Because impact fee receipts have been far under budget for the 2006-2007 fiscal year, the General Fund "loaned" the Impact Fee Fund approximately $3.2 million to fund the land purchases. As a result, the purchases identified within the 2007-2008 Impact Fee Fund Budget "ti are minimal, consisting of partial repayment to the General Fund, an emergency \:) traffic signal for Station #42, engineering/permitting fees which may be required to t5 advance the permitting process for Station #48, and the payment to the County of the T collection fees required to collect impact fees on behalf of the District. BJP/bp 8-02-07/8-10-07 07-08 Final 161 1 A \ NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT IMPACT FEE FUND BUDGET - 2007-2008 Amended BudQet BudQet INCOME 2006-2007 2007-2008 1 Impact Fees $ 2,556,135 $ 750,000 2 Other $ 275,000 3 Interest $ 12,000 $ 10,000 TOTAL INCOME $ 2,843,135 $ 760,000 EXPENSES 4 Station #410-0akes $ 1,000,000 $ - 5 Purchase of Shop/Maint. Facilitv (30%) $ 922,800 $ - 6 Protective Gear $ 19,500 $ - 7 Office Equipment $ 50,000 $ - 8 Emergency Traffic Device - St. 42 $ 160,000 $ 160,000 9 Collection Fees $ 38,342 $ 11,250 10 New Vehicles $ 82,000 $ - 11 Station #410 & #411 $ 1,359,290 $ - 11A Emergency Traffice Device-St. #40 $ - 1B EnqineerinQ/Permittina Fees-St. #49 $ 50,000 $ 30,000 12 Stationi #48-Enq./Arch./Permittinq $ 250,000 $ 30,000 13 Repayment to General Fund - land $ - $ 550,000 Total Expenses $ 3,931,932 $ 781,250 Fund Balance (Deferred Revenue) at 9- 30-06 (Estimated) $ (1,728,625' Income - 9-30-08 $ 760,000 Expenses 9-30-08 $ (781,250) Fund Balance (Deferred Revenue) at 9- 30-08 $ (1,749,875' 07-08 Final BJP/bp 8-02-07/8-10-07/9-10-07 161 1 A f Inspection Fee Fund In February of 2003, the Board of Fire Commissioners established the Inspection Fee Fund by Resolution 03-001. This fund was created in compliance with Collier County Resolution 01-313, dated July 31 , 2001. Collier County Resolution 01-313 requires that all fees received from fire inspections on newly constructed structures be designated and allocated for the sole purpose of funding construction inspections, including training and equipment relating to the field of construction inspections. Collier County collects these inspection fees for all of the independent fire districts and distributes them on a monthly basis to the East Naples Fire Control and Rescue District, the designated administrator of the inspection fees. The administrating district then distributes these fees, less a 1 % administrative fee, to each district. Upon the creation of this fund, the Fire Marshal identified those employees within the Fire Prevention Bureau whose job responsibilities were identified as new construction related, and what percentage of that employee's time was so dedicated. Currently, there are five Fire Inspectors who are completely dedicated to new construction inspections (that is, 100% of their wages and benefits are chargeable to the Inspection Fee Fund), one Fire Inspector who has equal responsibilities for new and existing construction inspections (50% of wages and benefits are chargeable to the Inspection Fee Fund), 75% of the Fire Marshal's and 70% of the administrative assistants wages and benefits are also charged to the Inspection Fee Fund. Additionally, the Deputy Chief of Life Safety and Prevention also provided a percentage of operating costs for the Fire Prevention Bureau which are allocated to this Fund. Contained within the 2007-20087 Inspection Fee Fund Budget are provisions for capital purchases, including 50% of the cost for the rennovation of the office space to be utilized by the Fire Prevention Bureau. BJP/bp 8-02-07/8-10-07 07-08 Final 161 1 A I NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT INSPECTION FEE FUND 2007-2008 BUDGET Amended Budget Budget 2006-2007 2007-2008 INCOME 1 Inspection Fees $ 800,000 $ 900,000 1 2 Interest $ 15,000 $ 10,000 2 Total Income $ 815,000 $ 910,000 Personnel Exoenses 3 Salaries $ 568,650 $ 553,640 3 4 Professional Pay $ 4,200 $ 4,800 4 5 Overtime $ 30,000 $ 30,000 5 6 Sick Leave Pay $ 16,091 $ 18,118 6 7 Social Security $ 44,186 $ 46,997 7 8 Retirement - FRS $ 33,587 $ 43,121 8 9 Retirement - 175 $ 121,000 $ 169,332 9 10 Disabilitv Insurance $ 5,150 $ 5,665 10 11 Worker's Compensation $ 75,271 $ 53,915 11 12 Life/Health Insurance $ 117,000 $ 94,731 12 13 Employee Physicals $ 1,500 $ 1,500 13 Total Personnel Expenses $ 1,016,635 $ 1,021,819 Ol'leratinCl EXl'lenses 14 Telephone (inc. cell and pager) $ 17,125 $ 8,700 14 15 Utilities $ 10,000 $ 10,000 15 16 Office Supplies! Equipment $ 4,142 $ 1,142 16 17 Uniforms $ 1,800 $ 500 17 18 Dues & Subscriptions $ 572 $ - 18 19 Fire Prevention Materials $ 6,179 $ 6,179 19 20 Training $ 4,000 $ 1,000 20 Total Operating Expenses $ 43,818 $ 27,521 Cal'lital Purchases 21 Office Facility - Prevention $ 264,000 $ 30,000 21 and Renovations Thereto 22 Vehicles - New Inspectors $ 44,000 $ - 22 Total Capital Purchases $ 308,000 $ 30,000 TOTAL EXPENSES $ 1,368,453 $ 1,079,340 NET INCOME $ (553,453) $ (169,340) FUND BALANCE (9-30-07 Est) $ 567,395 $ 170,000 FUND BALANCE 9-30-08 $ 13,942 $ 660 BJP/bp 8-02-07/9-10-07 07-08 Final J. Christopher Lombardo, Chairman Margaret Hanson, Vice Chairman Paul J. Moriarty, Sr. Treasurer James Quigley, Commissioner John O. McGowan, Commissioner 161 1 A \ 1885 Veterans Park Drive Naples, FL 34109 (239) 597.3222 Fax (239) 597-7082 North Naples Fire Control and Rescue District September 24, 2007 Ms. Sue Filson Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34101 Re: Special District's Reporting Information Dear Ms. Filson, Enclosed please find the following, as required by Florida Statute: l. Copy of Annual Financial Report for the fiscal year ended 9-30-06; 2. Copy of the District's Audit for the fiscal year ended 9-30-06; 3. Copy of the District's Map; 4. Registered office and agent form; S. Schedule of regular meetings of the Board of Fire Commissioners for the 2007-2008 fiscal year; and 6. Copy of the Public Facilities Report. There is no update to the District's Five Year Plan at this time. The District has no outstanding bonds. The budgets for the General Fund. Impact Fee Fund and Inspection Fee Fund for the 2007-2008 fiscal year have been forwarded under separate cover. 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" ~o f:; )~ ~ ~ 0: .- Q. e:J <; u ~ 0. . e ~ E(/) iD o o '" M OJ o > W " '" o -r '" ,;, ~ o " " o ~ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT BASIC FINANCIAL STATEMENTS TOGETHER WITH REPORTS OF INDEPENDENT AUDITOR YEAR ENDED SEPTEMBER 30, 2006 161 1 ~ \ , - 161 1 A \ TABLE OF CONTENTS Pagels) INDEPENDENT AUDITOR'S REPORT............................................................... 1-2 MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) ... ...... ...... ...... ...... ... ..... i-xi BASIC FINANCIAL STATEMENTS GOVERNMENT-WIDE FINANCIAL STATEMENTS: Statement of Net Assets......... ............................... ........................ ............... .... 3 Statement of Activities... ............ ....... .................. ..... ......... ...... ..... ..... ......... ..... 4 FUND FINANCIAL STATEMENTS: Governmental Funds: Balance Sheet............................................................................................. 5 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets................... ..... ....... .............. ........................... 6 Statement of Revenues, Expenditures and Changes in Fund Balance................ ........................ ....... .......................................... 7 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance of Governmental Funds to the Statement of Activities........................ 8 Fiduciary Fund - Firefighters' Pension Plan: Statement of Fiduciary Net Assets.......... ........... ...... ................ .......................... 9 Statement of Changes in Fiduciary Net Assets......................... ...... ........... ......... .... 10 NOTES TO THE FINANCIAL STATEMENTS.............. ............ ..... ...... ...... ......... ..... 11-46 REOUlRED SUPPLEMENTARY INFORMATION OTHER THAN MD&A BUDGET TO ACTUAL COMPARISON - MAJOR FUNDS (General and Special Revenue Funds) Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund - Summary Statement............. ..... ...... ............ ...... ......................... 47 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund - Detailed Statement...... ............ ...... ............. ....... .......... ......... ...... 48-50 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Impact Fee Fund - Summary Statement......................... ........ ...... ......... ............... _ 51 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Impact Fee Fund - Detailed Statement 52 BUDGET TO ACTUAL COMPARISON - OTHER NON-MAJOR GOVERNMENTAL FUNDS Special Revenue Funds: Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Inspection Fee Fund - Summary Statement... ..... ........ ............... ...... ..... .............. 53 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - Inspection Fee Fund - Detailed Statement...... ......... ...... ..................... ................ 54-55 161 1 A\ TABLE OF CONTENTS (CONTINUED) Pager s) ADDITIONAL REPORTS OF INDEPENDENT AUDITOR Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Basic Financial Statements Performed in Accordance with Government Auditing Standards......... ............ .......... ...................... .......... .........., 56-57 Independent Auditor's Report to Management............. 58-59 Management's Response to Independent Auditor's Report to Management... ... ... ...... ...... ..... .... ..... .... ...... ... ....... ............ ....... Exhibit STROEMER TUSCAN & COMPANY, PA 161 lAI Affiliations Florida Institute of Certified Puhlic Accountants CERTIFIED PUBLIC ACCOUNTAN-IS 1 CONSULTANTS American Institute of Certified Public Accountants Management Consulting Services Division Priv<ltc Companies Pral.:lil.:c SCt:lion Tax Division INDEPENDENT AUDITOR'S REPORT Board of Commissioners North Naples Fire Control and Rescue District 1885 Veterans Park Drive Naples, Florida 34109-0492 We have audited the accompanying basic financial statements of North Naples Fire Control and Rescue District (the "District") as of September 30, 2006 and for the year then ended. These basic financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these basic financial statements based on our audit. We did not audit the financial statements of North Naples Fire Control and Rescue District Firefighters' Pension Fund, which represent 100% of the assets as well as 100% of the revenue and expenses of the District's Fiduciary Fund. Those financial statements were audited by other auditors whose report has been furnished to us, and our opinion, insofar as it relates to the amounts included for North Naples Fire Control and Rescue District Firefighters' Pension Trust Fund is based on the report of the other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those Standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, based on our audit and the report of other auditors, the basic financial statements referred to above present fairly, in all material respects, the financial position of North Naples Fire Control and Rescue District as of September 30, 2006, and the results of its operations for the year then ended in conformity with accounting principles generally accepted in the United States of America. INT1CRITY. . K NOW LED (, f; SI'RVIU;_ .CO,V1MIIMINT __ fl96] CONFERENCE DRIYF SUITE 2. FORT MYERS, FL :n919 Phone (2Jl,ll 433-1002 . Fax (239) 433-024Y WEB SITE: STCPAS.RIZ 1640 PERIWINKLE WAY SUITE 4. SANIBEL, FL :13957 Phone (239) JY5-:'iJ25. Fax (239) 39-"i-219fi 161 1 A 1 Board of Commissioners North Naples Fire Control and Rescue District Page 2 In accordance with Government Auditing Standards, we have also issued our report dated March 20, 2007, on our consideration of the District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, grants, and other matters. The purpose of that report is to describe the scope of our testing of the internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards, and should be considered in assessing the results of our audit. The Management's Discussion and Analysis on pages i-xi is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the Management's Discussion and Analysis. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming an opinion on the District's basic financial statements taken as a whole. The required supplementary information other than MD&A on pages 47-55 described in the accompanying table of contents is presented for the purposes of additional analysis and is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. Such information has been subjected to the auditing procedures applied by us in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. ~ 4 t !....P"iJ' :r.A STROEMER TUSCAN & COMPANY, P.A. Fort Myers, Florida March 20, 2007 MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) 161 1 A I Management's Discussion and Analysis Of Financial Statements FYE 9-30-06 161 1 A \ This Discussion and Analysis of the North Naples Fire Control & Rescue District's ("The District") financial statements is provided to assist the reader in understanding the District's financial activities, significant changes in and ending financial position for the fiscal year ended September 30, 2006. The District implemented the requirements of GASB Statement #34 for the fiscal year ended September 30, 2004. This statement dramatically changed the District's annual reporting requirements, as well as the financial statement format and presentation. Contained within are the basic financial statements, consisting of the government-wide financial statements, governmental fund financial statements and notes to the financial statements. This Discussion and Analysis will also provide an analytical overview of these statements, including comparisons of the District's financial position at September 30,2006 versus September 30, 2005. District Highlights 1. At the conclusion of fiscal year 2006, the District's assets exceeded its liabilities, resulting in net assets of $25,131,394, as compared to net assets at September 30, 20050f$19,581,934. 2. The District's total net assets increased $5,549,460, during fiscal year 2006, as compared to an increase of$3,953,646 in total net assets during fiscal year 2005. 3. The District had $7,667,385 of unrestricted net assets at September 30, 2006, that can be used to meet the District's ongoing obligations, as compared to $6,289,921 at September 30, 2005. The amount of unrestricted net assets increased by $1,377,464. 4. Total revenues in the governmental funds increased $6,115,085 or 29 percent, in comparison to the prior year. 5. Total expenditures in the governmental funds increased $5,368,507, or 26 percent, in comparison to the prior year. Government-wide Financial Statements Government-wide financial statements (Statement of Net Assets and Statement of Activities found on pages 3 and 4) are intended to allow a reader to assess a government's operational accountability. Operational accountability is defined as the extent to which the government has met its operating objectives efficiently and effectively, using all resources available for that purpose, and whether it can continue to meet is objectives for the foreseeable future. Government-wide financial statements concentrate on the District as a whole and do not emphasize fund types. The Statement of Net Assets (page 3) presents information on all of the District's assets and liabilities, with the difference between the two reported as net assets. The District's capital assets are included in this statement and reported net of their accumulated depreciation. The Statement of Activities (page 4) presents revenue and expense information showing how the District's net assets changed during the fiscal year. Both statements are 161 1A measured and reported using the economic resource measurement focus (revenues and expenses) and the accrual basis of accounting (revenue recognized when earned and expense recognized when incurred). Governmental Fund Financial Statements The accounts of the District are organized on the basis of governmental funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity or retained earnings, revenues and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. Governmental fund financial statements (found on pages 5 and 7) are prepared on the modified accrual basis using the current financial resources measurement focus. Under the modified accrual basis of accounting, revenues are recognized when they become measurable and available as net current assets. Notes to the Financial Statements The notes to the financial statements explain in detail some of the data contained in the preceding statements and begin on page II. These notes are essential to a full understanding of the data provided in the government-wide and fund financial statements. Government-Wide Financial Analysis The government-wide financial statements are designed so that the user can determine if the District's financial condition is better or worse than the prior year. Condensed Summary orNet Assets-Primary Government FYE 9-30-06 and 9-30-05: Assets: Current and Other Assets Capital Assets Total Assets Summary or Net Assets September 30, 2006 and September 30, 2005 Totals 9-30-06 Totals 9-30-05 $ 9,449,490 $10,223,850 18,336,904 14,263,885 $27_786,394 $24,487_735 Liabilities: Current Liabilities Non-Current Liabilities Total Liabilities $ 757,926 1,897,074 2,655,000 $ 3,124,054 1,781,747 4,905,801 Net Assets: Invested in Capital Assets, Net of Related Debt Unrestricted Total Net Assets 17,464,009 7,667,385 25,131,394 13,292,013 6,289,921 19,581,934 Total Liabilities and Net Assets $27_786.394 $24,487,735 11 16' lA Current and other assets represent 34 percent of total assets at September 30, 2006, as compared to 42 percent at September 30, 2005. Current assets at September 30, 2006 are comprised of unrestricted cash balances of $2,718,338, restricted cash of $1,143,457 and other assets of $5,587,695. The balances of unrestricted cash represent amounts that are available for spending at the discretion of the Board of Fire Commissioners of the District. Restricted cash balances are comprised of the impact fee funds restricted for the purchase of capital assets. The investment in capital assets, net of related debt, represent 69.5 percent of net assets at September 30, 2006, as compared to 67.9 percent at September 30, 2005. These assets are comprised of land, buildings, improvements, equipment, furniture, and vehicles, net of accumulated depreciation, and the outstanding related debt used to purchase the assets. The unrestricted net asset balance of $7,667,385 represents resources available for spending at September 30,2005. Summary of Revenues, Expenses and Changes in Net Assets For the Year Ended September 30, 2006 and September 30, 2005 Revenues: Amount 9-30-06 Amount 9-30-05 General Revenues Ad Valorem Taxes $21,382,370 $18,561,542 Charges for Services 1,134,121 965,848 Miscellaneous Impact Fees 3,655,494 1,000,602 Investment Earnings 635,316 298,541 Other 650,449 512,082 Total Revenues 27,457,750 21,338,615 Expenses: Public Safety-Fire/ Rescue Services 2 1,908.290 17,384,969 Increase in Net Assets 5,549,460 3,953,646 Net Assets-Beginning of Year 19,581,934 15,628.288 Net Assets-End of Year $ 25_131.394 $ 19_581,934 111 161 1 A \ The assessed value of the property within the District increased 15 percent over the prior year's assessed value, resulting in an increase in Ad Valorem tax revenues. The increase in assessed value for 2005-2006 was 5 percent more than the 10 percent increase for the 2004-2005 fiscal year. Assessed property values within the District have increased by $]] ,673,496,872 or 79 percent in the past five years. Due to the District's rate of growth, there has been no increase to the millage rate in over twenty years. The increase in Ad Valorem revenue resulting from the increase in property value has been sufficient to provide adequate funds to support operational, capital and reserve financial requirements without increasing the millage rate. The following chart identifies the increase in appraised property values in the District and the millage rate maintained by the District. Property Values and Millage Assessed $5,000,000,000 5_0 $30,000,000,000 4.5 $25,000,000,000 4_0 3.5 $20,000,000.000 3_0 $15.000,000.000 2_5 I_A" ppraised pr~pertyvalue___1 -+- MOlage Rate __ 2_0 $10,000.000,000 1_5 1.0 0_5 $- 0.0 2001 2002 2003 2004 2005 2006 IV 16' lAI Fund Balance - Governmental Fund Financial Statements Staff has worked hard to meet the Board of Fire Commissioners' directive to increase the fund balance and cash reserve of the General Fund to solidify the District's financial position. The total fund balance ofthe General Fund, comprised of both designated and undesignated reserves, was $8,230,703 at September 30, 2006. This fund balance represents an increase of $1,526,137 over the total fund balance of the General Fund at September 30, 2005. In September of 2002, a comprehensive Five Year Plan for the District was developed. This plan is reviewed and revised annually, just prior to preparation of the District's annual budget. The Five Year Plan has become an integral tool to assist in the identification of the financial needs for the future of the District, and as such, has assisted the Board of Fire Commissioners in establishing comprehensive designated reserves to financially provide for the identified needs of the District. The fund balance of $8,230,702 for the fiscal ended September 30, 2006 represents $938,503 (11% of total reserves) in undesignated reserves and $7,292,199 (89% of total reserves)in designated reserves. The majority ofreserves are designated to accommodate the future financial needs of the District as identified in the Five Year Plan. At the end of the 9-30-06 fiscal year, the Board amended the General Fund Budget to increase existing designated reserves and establish new ones where need was identified. The following Designated Reserves were approved for the fiscal year ended September 30, 2006 in coordination with the Five Year Plan: USAR Team Deployment Affordable Housing Loan Lump Sum Payment Replacement Radios/Communications GASB 45 Post Employment Benefits ALS Program Health Insurance Heavy Rescue Emergency Reserve Operating Reserve Fire Apparatus Building Improvements Vehicle Replacement Capital Equipment Disaster Preparedness Station #40 Replacement/Repair Station #46 Improvements Personal Protective Gear Total Designated Reserves v Amount $ 300,000 1,000,000 165,000 300,000 500,000 500,000 500,000 75,000 400,000 771,451 324,641 636,451 439,955 231,451 1,000,000 112,350 20,900 15,000 $ 7,292,199 161 1 A 1 These designated reserves have been established by the Board of Fire Commissioners to meet the needs for established fund balance reserves. As indicated in the District's Five Year Plan, four new stations are anticipated to be operational within the next five years. While impact fees can fund the creation ofthe infrastructure required for these stations, the staffing and maintenance must be funded by the General Fund. Additionally, significant increases in health insurance, retirement, and other personnel and operating expenses require that funds be set aside, or designated, to prepare for the funding of future expenditures. As evidenced by the chart below, the District's General Fund fund balance has increased $7,124,549 or over 640 percent since 1996. While the growth in fund balance is significant, it is by no means an unnecessarily high accumulation of funds. Not only has it become evident that the District must be able to provide for operating an personnel expenses in the event of a serious hurricane or other natural disaster, it has become essential for future planning to ensure the financial stability of the District by increasing designated reserves to provide for the future needs of the District. VI 161 1 A \ General Fund Fund Balance 1996 - 2006 1000000 9000000 8000000 7000000 6000000 5000000 4000000 3000000 2000000 o ~Fi~~al Year End~- .9/30/96 09/30/97 '09/30/98 .9/30/99 .9/30/00 .9/30/01 ,09/30/02 .9/30/03 .9/30/04 09/30/05 ;.9/30/06 I $1,106.153 $976.770 $893,959 $958,186 $556,314 $551,496 $483.081 $2,130,059 $5,053,570 $6,704.566 $8,230,702 Impact Fees Impact fee receipts for the year ended September 30, 2006 represent a decrease of $109,534, or 9 percent, as compared to the prior fiscal year. This is the first year that impact fees received reflect a decrease as compared to prior years. The Board of Fire Commissioners recognizes that the growth in the District has been significant over the last several years, and has anticipated the District would reach a point where the growth and resulting impact fees would substantially decrease. However, the decrease in fees received for the 2005-2006 fiscal year is largely due to the economic climate in Florida, and the increase in volume of available new construction in Collier County. Developers opted to complete units which had already been assessed impact fees and delay new construction until those units sold. Additionally, the last two hurricane seasons affected vii 161 1 A \ the construction industry in that much of the construction occurring in the County related to repair and replacement of existing buildings as opposed to new construction. Regardless of the cause ofthe reduction in impact fees, a reduction has been anticipated and is reflected in the District's Five Year Strategic Plan. Inspection Fees Inspection-fee receipts for the year ended September 30, 2006 represent an increase of $99,815 or 12 percent over receipts in the prior fiscal year, as compared to an increase of $23,683, or 3 percent over the inspection fee receipts for fiscal year 2005 vs. 2004. These inspection fees are received by the District for inspections performed on new construction, and are therefore a function of the number of new structures built and completed in the District. Budgetary Highlights Budget versus actual comparisons are reported in the required supplementary information other than management discussion and analysis on pages 47 through 55. Differences between the original adopted and final amended budget in the General Fund were largely due to overtime expenses incurred as a result of Hurricane Wilma, and additional land purchases which the District had the opportunity to complete. The majority of General Fund budget amendments provided for an increase in designated reserves. These increases were possible due to increases in interest income, ad valorem received and other income (totaling approximately $1.4 million more than originally budgeted) and a decrease in personnel and operating expenditures resulting from a reduction in spending. Capital Assets Non-depreciable capital assets include land and construction in progress. Depreciable assets include buildings, improvements other than buildings, equipment, furniture and vehicles. Vlll 161 1 A \ The following is a schedule of the District's capital assets as of September 30, 2006 and 2005. Capital Assets September 30, 2006 and 200S Capital Assets Amount-2006 Amount - 2005 Land $ 7,283,748 $ 3,663,192 Construction in Progress 177.320 760AOO Total Capital Assets not Depreciated 7,461,068 4,423,592 Buildings 7,969,544 7,078,386 Fixed Assets Acquired Under Capital Lease 318,496 318,496 Vehicles 7,024,218 6,584,663 Office Equipment 953,712 912,557 Equipment & Machinery 2,714.502 2,029,078 Total Capital Assets Being Depreciated 18,980,472 16,923,180 Accumulated Depreciation Buildings ( 2,226,385) ( 1,966,432) Fixed Assets Acquired Under Capital Lease ( 220,977) ( 188,240) Vehicles ( 3,653,214) ( 3,201,051) Office Equipment ( 498,434) ( 443,098) Equipment & Machinery ( 1,505,626) ( 1,284,066) Total Accumulated Depreciation ( 8,1 04,636) ( 7,082,887) Total Capital Assets being Depreciated, Net 10,875,836 9,840,293 Capital Assets - Net of Depreciation $ 18.336_904 $ 14.263_885 Significant capital asset purchases made during the fiscal year ended September 30, 2006 include: I. Vacant land as a site for the location of Station #49, consisting of approximately 6 acres located near the intersection of Immokalee Road and CR 951 to accommodate the new development in that area of the District at a total cost of $3,314,093; 2. The purchase ofa boat slip for the District's rescue boat at cost of$181,464. Prior to this purchase, the District rented dock space at a local marina. The continuation of the availability of that space was in question, so the District felt it was prudent to purchase a permanent docking facility to insure the continuation of the operation of the rescue boat; IX lLJ lA\ 3. A 36 foot Pilot Console Twin Vee rescue boat and trailer at a tota J;o $181,510 to replace the existing rescue boat. The older boat was sold in the fall of2006; 4. Building improvements to Stations #40, #43, #44, #45 and #46 totaling $191,158; 5. Cardiac monitors and non invasive cardiac pumps totaling $110,165 in support of the District's Advance Life Support program in conjunction with Collier County; 6. Fire and protective equipment totaling $593,015, which includes portable radios, training equipment, bunker gear, thermal imaging cameras and other replacement equipment necessary to provide fire protection and suppression services; and 7. Seven replacement vehicles for existing operations personnel, inspectors and Chief Officers and two new emergency support vehicles, all totaling $251,892. For additional information on the District's capital assets, see Note F on pages 30 and 31. Debt Administration As of September 30, 2006, the District had $1,999,738 of outstanding debt, as compared to $1,880,724 at September 30, 2005. That debt consists of: I. The balance on a note payable to a financial institution in the amount of $52,779 for the financing of a fire engine. The note originated in 2000, was refinanced in 2003 at a lower interest rate, and will be paid in full following the annual payment of$54,786 due December 2006. By refinancing the note in 2003, the District saved in excess of$7,000 in interest costs. 2. The balance on a note payable to a financial institution in the amount of $820,116 for the purchase of the vacant land noted above. This debt was incurred in October of 2004, is payable in monthly installments of $6,542 at an interest rate of3.54% through October of2009, with a lump sum payment due November 1, 2009 in the amount of $662,444. The Board has established a Designated Reserve to accumulate the funds for the lump sum payment due in November of 2009; 3. Compensated absences (accrued vacation liability) in the amount of$I,126,843, as compared to $908,852 at September 30, 2005. The increase in this liability is due to the wage increases pursuant to the Collective Bargaining Agreement between the District and the Professional Firefighters' Local 2297 effective October 1, 2004, as well as the addition of new positions. Economic Facts and Next Year's Budget Millage Rates The following factors were taken into consideration when the budget for the fiscal year ending September 30, 2007 was prepared: 1. Appraised property values increased by $4,504,846,356 or 20 percent in 2006 as compared to an increase of 15 percent in 2005. The District expects property values to continue to increase over the next five years, but is mindful that a more conservative increase may occur than has been experienced in the past, based on the percentage of increase in property values over the last five years. The District x 161 1 A \ will maintain its millage rate at I mill ($1.00 for each $1,000 of appraised property value) for the fiscal year ending September 30,2007. 2. The District plans to open Stations #48, #49, #410 and #411 within the next two to five years. As a result, the General Fund Budget for 2006-2007 includes cost provisions for eleven new positions, including three additional firefighters, two new fire inspectors, a computer data base administrator, two data entry clerks, two administrative assistants and a new Assistant Chief position. 3. The purchase and renovation of the shop/warehouse facility to include office space for the Fire Prevention Bureau to address the need for administrative staff space. The General Fund, Inspection Fee Fund and Impact Fee Fund budgeted expenditures all contain a portion of the funding for this project, which totals $1,386,000. Apportionment of the expenditure is based on the opinion of the District's legal counsel regarding use of impact fees and inspection fund fees for this project; 4. Station improvements in the total amount of $246,950 including substantial replacement of concrete at Station #40, hurricane wind screens at Station #42, and a building exhaust system for the shop facility. Request for Information This financial report is designed to provide the reader an overview of the District. Questions regarding any information provided in this report should be directed to: Becky Pogan, Assistant Chief of Administrative Services, North Naples Fire Control & Rescue District, 1885 Veteran's Park Drive, Naples, FL 34109,239-597-3222, e-mail: booganlalnorthnaolesfire. com. Xl 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF NET ASSETS September 30, 2006 Page 3 of 59 Governmental Activities ASSETS Current assets: Cash and cash equivalents $ 2,718,338 Restricted cash and cash equivalents 1,143,457 Due from other governments 428,294 Other receivables 62,743 Other assets 96,658 Total current assets 4,449,490 Noncurrent assets: Investments 5,000,000 Capital assets: Land 7,283,748 Construction in progress 177,320 Depreciable buildings, equipment, and vehicles (net of $8, I 04,636 accumulated depreciation) 10.875.836 Total noncurrent assets 23.336.904 TOTAL ASSETS $ 27,786,394 LIABILITIES Current liabilities: Accounts payable and accrued expenses $ 605,122 Accrued interest payable 3.870 Contract deposits 6,000 Deferred revenue - impact fees 40,270 Current portion of long-term obligations 102,664 Total current liabilities 757,926 Noncurrent liabilities: Noncurrent portion of long-term obligations 1,897,074 TOTAL LIABILITIES 2,655,000 NET ASSETS Invested in capital assets, net of related debt 17,464,009 Unrestricted 7,667,385 TOTAL NET ASSETS 25,131,394 TOTAL LIABILITIES AND NET ASSETS $ 27,786,394 The accompanying notes are an integral part of this statement. NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF ACTIVITIES Year Ended September 30, 2006 EXPENSES Governmental Activities Public Safety - Fire Protection Personal services Operating expenses Depreciation Loss on disposition of capital assets Interest and fiscal charges TOTAL EXPENSES - GOVERNMENTAL ACTIVITIES PROGRAM REVENUES Charges for services Operating grants and contributions NET PROGRAM EXPENSES GENERAL REVENUES Ad Valorem taxes Impact fees Interest Other TOTAL GENERAL REVENUES INCREASE IN NET ASSETS NET ASSETS - Beginning of the year NET ASSETS - End of the year The accompanying notes are an integral part of this statement. 161 Governmental Activities $ 16,878,111 3,918,222 1,074,087 5,271 32,599 21,908,290 1,134,121 171,949 20,602,220 21,382,370 3,655,494 635,316 478,500 26,151,680 5,549,460 19,581,934 $ 25,131,394 1 A \ Page 4 of 59 161 lA' NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 5 of 59 BALANCE SHEET-GOVERNMENTAL FUNDS September 30, 2006 Total General Impact Fee Inspection Fee Governmental Fund Fund Fund Funds ASSETS Cash and cash equivalents $ 2,718,338 $ $ $ 2,718,338 Restricted cash and cash equivalents 590,241 553,216 1,143,457 Investments 5,000,000 5,000,000 Due from other governments 211,853 112,355 104,086 428,294 Due from other funds 752,015 752,015 Other receivables 62,743 62,743 Other assets 96,658 96,658 TOTAL ASSETS $ 8,841,607 $ 702,596 $ 657,302 $ 10,201,505 LIABILITIES AND FUND BALANCE LIABILITIES Accounts payable and accrued expenses $ 604,904 $ 218 $ $ 605,122 Due to other funds 662, I 08 89,907 752,015 Contract deposits 6,000 6,000 Deferred revenue - impact fees 40,270 40,270 TOTAL LIABILITIES 610,904 702,596 89,907 1,403,407 FUND BALANCE Unreserved, reported in: General Fund: Designated 7,292,199 7,292,199 Undesignated 938,504 938,504 Special Revenue Funds: Designated 567,395 567,395 TOTAL FUND BALANCE 8,230,703 567,395 8,798,098 TOTAL LIABILITIES AND FUND BALANCE $ 8,841,607 $ 702,596 $ 657,302 $ 10,20 I ,505 The accompanying notes are an integral part of this statement. 161 1A\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 6 of 59 RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS September 30, 2006 Amount Total fund balance of governmental funds $ 8,798,098 Amounts reported for governmental activities in the Statement of Net Assets are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the governmental funds. Capital assets not being depreciated: Land Construction in progress 7,283,748 177,320 7,461,068 Governmental capital assets being depreciated: Building, Equipment and Vehicles Less accumulated depreciation 18,980,472 (8, I 04,636) 10,875,836 Long-term obligations are not due and payable in the current period and therefore are not reported in the funds. Note Payable Capital lease payable Accrued interest payable on long term obligations Compensated absences (820,116) (52,779) (3,870) (1,126,843) (2,003,608) Elimination of interfund amounts: Due to other funds Due from other funds (752,015) 752,015 Total net assets of governmental activities $ 25, 131 ,394 The accompanying notes are an integral part of this statement. 16 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 7 of 59 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - GOVERNMENTAL FUNDS Year Ended September 30,2006 Total General Impact Fee Inspection Fee Governmental Fund Fund Fund Funds REVENUES Ad Valorem taxes $ 21,382,370 $ $ $ 21,382,370 Intergovernmental revenue 171,949 171,949 Charges for services: Inspection fees and other 232,006 902,115 1,134,121 Impact fees 3,655,494 3,655,494 Miscellaneous: Interest 567,972 51,005 16,339 635,316 Other 478,500 478,500 TOTAL REVENUES 22,832,797 3,706,499 918,454 27,457,750 EXPENDITURES Current Public safety Personal services 15,850,834 809,286 16,660,120 Operating expenditures 3,859,571 ]7,089 41,562 3,918,222 Capital outlay 1,462,967 3,689,410 5,152,377 Debt service Principal reduction 98,977 98,977 Interest and fiscal charges 34,311 34,3] I TOTAL EXPENDITURES 21,306,660 3,706,499 850,848 25,864,007 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 1,526,137 67,606 1,593,743 OTHER FINANCING SOURCES (USES) Proceeds from debt EXCESS OF REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES AND OTHER FINANCING USES 1,526,137 67,606 1,593,743 FUND BALANCE - Beginning of the year 6,704,566 499,789 7,204,355 FUND BALANCE - End of the year $ 8,230,703 $ $ 567,395 $ 8,798,098 The accompanying notes are an integral part of this statement. 161 lA' NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 8 of 59 RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES Year Ended September 30, 2006 Net change (revenues and other financing sources over expenditures and other financing uses) in fund balance - total governmental funds The increase (change) in net assets reported for governmental activities in the Statement of Activities is different because: Governmental funds report capital outlays as expenditures. In the Statement of Activities, however, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. The loss on disposal of capital assets reduces the increase in net assets. Expenditures for capital assets Less: loss on disposition of capital assets Less: current year depreciation The issuance of debt is reported as a fmancing source in governmental funds and thus contributes to the change in fund balance. In the Statement of Net Assets, however, issuing debt increases long-tenn liabilities and does not affect the Statement of Activities. Similarly, repayment of principal is an expenditure in the governmental funds but reduces the liability in the Statement of Net Assets. Repayments (principal retirement): Note Payable Capital lease Some expenses reported in the Statement of Activities do not require the use of current [mancial resources and therefore are not reported as expenditures in the governmental funds. Decrease in accrued interest payable on long tenn debt Increase in compensated absences Increase in net assets of governmental activities The accompanying notes are an integral part of this statement. 5,152,377 (5,271) (1,074,087) 48,129 50,848 1,712 (217,991) Amount $ 1,593,743 4,073,019 98,977 (216,279) $ 5,549,460 161 lA \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 9 of 59 STATEMENT OF FIDUCIARY NET ASSETS - FIDUCIARY FUND September 30, 2006 TOTAL ASSETS Firefighters' Pension Fund $ 836,313 4,396,751 1,405,011 1,661,534 275,090 35,699 $ 8,610,398 ASSETS Cash and cash equivalents Investments, at fair value: Common stocks U.S. Government securities Corporate bonds Due from other governments Other assets LIABILITIES AND NET ASSETS LIABILITIES Accounts payable and accrued expenses $ 37,962 37,962 TOTAL LIABILITIES NET ASSETS Held in trust for pension benefits and other purposes TOTAL LIABILITIES AND NET ASSETS 8,572,436 8,572,436 8,610,398 TOTAL NET ASSETS $ The accompanying notes are an integral part of this statement. 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS - FIDUCIARY FUND Year Ended September 30, 2006 Page 10 of 59 Firefighters' Pension Fund ADDITIONS Contributions: Employer $ 1,066,141 Plan members, made by employer on behalf of employee 26,166 Buybacks 15,877 State of Florida, insurance premiums 733,516 Total contributions 1.841.700 Investment income: Net appreciation in fair value of investments 307,208 Interest and dividends 231,385 538,593 Less: investment expenses (68,681) Net investment income 469,912 TOTAL ADDITIONS 2,311,612 DEDUCTIONS Administrative expenses 61,352 TOTAL DEDUCTIONS 61,352 NET INCREASE IN NET ASSETS 2,250,260 NET ASSETS - BEGINNING 6,322,176 NET ASSETS - ENDING $ 8,572,436 The accompanying notes are an integral part of this statement. 16\ 1~ \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page II of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Orl!anization North Naples Fire Control and Rescue District (the "District") is an independent special taxing district located in northern Collier County, Florida. The District was originally established by Laws of Florida, Chapter 61-2032 and Florida Statute 633.15, then reestablished by Laws of Florida Chapter 84-416, as amended. The District's governing legislation was recreated, reenacted and codified by Laws of Florida, Chapter 99-450 on July 13, 1999. The District is governed by a five (5) member elected Board of Commissioners. Commissioners serve on a staggered four (4) year term basis. The District provides fire control and protection services, fire safety, inspections, code enforcement, fire hydrant maintenance, firefighter training, and crash and fire rescue services as well as basic life support services. In providing these services, the District operates and maintains seven (7) stations and the related equipment and employs approximately 160 full-time professional firefighters and administrative staff. Reportinl! Entitv The District adheres to Governmental Accounting Standards Board (GAS B) Statement Number 14, "Financial Reporting Entity," (GASB 14) as amended by GASB Statement Number 39, "Determining Whether Certain Organizations Are Component Units" (GASB 39). This Statement requires the basic financial statements of the District (the primary government) to include its component units, ifany. A component unit is a legally separate organization for which the elected officials of the primary government are financially accountable. Based on the criteria established in GASB 14, as amended, there are no component units required to be included. Therefore, no component units are included in the District's basic financial statements. 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 12 of 59 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Government-wide and Fund Financial Statements The government-wide financial statements (i.e., the Statement of Net Assets and the Statement of Activities) report information on all of the activities ofthe District and do not emphasize fund types. These governmental activities comprise the primary government. General governmental and intergovernmental revenues support the governmental activities. The purpose ofthe government-wide financial statements is to allow the user to be able to determine if the District is in a better or worse financial position than the prior year. The effect of all interfund activity between governmental funds has been removed from the government-wide financial statements. Government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the pension fund financial statements. Under the accrual basis of accounting, revenues, expenses, gains, losses, assets, and liabilities resulting from exchange and exchange-like transactions are recognized when the exchange takes place. Revenues, expenses, gains, losses, assets, and liabilities resulting from nonexchange transactions are recognized in accordance with the requirements ofGASB Statement 33, "Accounting and Financial Reporting for Nonexchange Transactions" (GASB 33). Amounts paid to acquire capital assets are capitalized as assets in the government-wide financial statements rather than reported as expenditures. Proceeds of long-term debt are recorded as liabilities in the government-wide financial statements rather than as other financing sources. Amounts paid to reduce long-term indebtedness of the reporting government are reported as a reduction of the related liability in the government-wide financial statements rather than as expenditures. 161lA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 13 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Government-wide Financial Statements, continued The Statement of Activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: I) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function, and 2) grants and contributions that are restricted to meeting the operational or capital improvements of a particular function. Taxes and other items not properly included among program revenues are reported instead as general revenues. Program revenues are considered to be revenues generated by services performed and/or by fees charged such as inspection fees, burn permits, and hydrant tests. Fund Financial Statements The accounts of the District are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity or retained earnings, revenues, and expenditures or expenses, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. Fund financial statements for the District's governmental and fiduciary funds are presented after the government-wide financial statements. These statements display information about major funds individually and nonmajor funds in aggregate for governmental funds. The fiduciary statement includes financial information for the firefighters' pension fund. The fiduciary fund represents assets held by the District in a custodial capacity for the benefit of other individuals. Governmental Funds When both restricted and unrestricted resources are combined in a fund, expenditures are considered to be paid first from restricted resources, as appropriate, and then from unrestricted resources. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are considered to be available when they are collected within the current period or soon thereafter to pay liabilities of the current period. 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 14 of 59 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Governmental Funds, continued The District's major funds are presented in separate colunms on the governmental fund financial statements. The definition of a major fund is one that meets certain criteria set forth in GASB Statement Number 34, "Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments" (GASB 34). The funds that do not meet the criteria of a major fund are considered non-major funds and are combined into a single column on the governmental fund financial statements. Separate financial statements are provided for governmental funds. Major individual governmental funds are reported in separate columns on the fund financial statements. Fiduciary Fund The pension trust fund accounts for the activities of the Firefighters' Pension Plan, which accumulates resources for the pension benefit payments to qualified firefighters. Measurement Focus and Basis of Accountinl! Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the basic financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing ofrelated cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements have been met. Governmental fund financial statements are reported using the current financial resources management focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period and soon enough thereafter to pay liabilities ofthe current period. For this purpose, the District considers tax revenues to be available if they are collected within sixty days of the end of the current fiscal period. 161 lA' NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 15 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Measurement Focus and Basis of Accountinl!, continued Revenues susceptible to accrual are property taxes, interest on investments, and intergovernmental revenues. Property taxes are recorded as revenues in the fiscal year in which they are levied, provided they are collected in the current period or within sixty days thereafter. Interest on invested funds is recognized when earned. Intergovernmental revenues that are reimbursements for specific purposes or projects are recognized when all eligibility requirements are met. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. Exceptions to this general rule include: (I) principal and interest on long-term debt, if any, is recognized when due; and (2) expenditures are generally not divided between years by the recording of prepaid expenditures. When both restricted and unrestricted resources are available for use, it is the District's policy to use restricted resources first, then unrestricted resources as they are needed. Separate financial statements are provided for governmental funds and fiduciary funds, even though the latter are excluded from the government-wide financial statements. Non-current Government AssetslLiabilities GASB 34 requires non-current governmental assets, such as land and buildings, and non-current governmental liabilities, such as notes payable and capital leases to be reported in the governmental activities colunm in the government-wide Statement of Net Assets. Maior Funds The District reports the following major governmental funds: The General Fund is the District's primary operating fund. It accounts for all financial resources of the District, except those required to be accounted for in another fund. 16\ 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 16 of 59 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Maior Funds, continued The Impact Fee fund consists of fees imposed and collected by Collier County based on new construction within the District. The fees are restricted and can only be used for certain capital expenditures associated with growth within the District. Non-Maior Fund The District reports the following non-major fund: The Inspection Fee Fund is used by the District to account for the receipt and expenditures of its Inspection Fee Program. Fees are charged for the inspection of new building construction. The fees are collected by Collier County and are distributed by the East Naples Fire Control and Rescue District to the other participating Districts. Fiduciarv Fund Fiduciary funds are excluded in the government-wide financial statements, because the resources of those funds are not available to support the District's programs. The only type of fiduciary funds the District maintains is a Firefighters' Pension Plan Fund, which accounts for retirement assets held by the Plan that are payable to qualified firefighters upon retirement. Budl!etarv Information The District has elected to report budgetary comparison of its major funds and its non- major fund as required supplementary information (RSI). 161 lA \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 17 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Investments The District adheres to the requirements ofGASB Statement Number 31, "Accounting and Financial Reporting for Certain Investments and for External Investment Pools," (GASB 31) in which all investments are reported at fair value. Investments, including restricted investments, consist of certificates of deposit, U.S. Government securities, corporate debt securities, and securities of government agencies unconditionally guaranteed by the U.S. Government. Capital Assets Capital assets, which include land, construction in progress, buildings, equipment and vehicles, are reported in the government-wide Statement of Net Assets. The District follows a capitalization policy which calls for capitalization of all fixed assets that have a cost or donated value of $1 ,000 or more and have a useful life in excess of one year. All capital assets are valued at historical cost, or estimated historical cost if actual historical cost is not available. Donated capital assets are valued at their estimated fair market value on the date donated. Public domain (infrastructure) capital assets consisting of certain improvements other than building, including curbs, gutters and drainage systems, are not capitalized, as the District generally does not acquire such assets. No debt-related interest expense is capitalized as part of capital assets in accordance with GASB 34. Maintenance, repairs and minor renovations are not capitalized. The acquisition of land and construction projects utilizing resources received from Federal and State agencies are capitalized when the related expenditure is incurred. 161 1 At NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 18 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Capital Assets, continued Expenditures that materially increase values, change capacities or extend useful lives are capitalized. Upon sale or retirement, the cost is eliminated from the respective accounts. Expenditures for capital assets are recorded in the fund statements as current expenditures. However, such expenditures are not reflected as expenditures in the government-wide statements, but rather are capitalized and depreciated. Depreciable capital assets are depreciated using the straight-line method over the following estimated useful lives: Capital Asset Buildings Fixed Assets acquired under Capital Lease Office Equipment Vehicles Equipment and Machinery Years 15-30 10 3-30 3-10 3-15 Budl!ets and budl!etarv accountinl! The District adopted an amended annual budget for the General Fund, which included budgeted expenditures over revenues and other financing sources of $2,047,733 which was expected to be funded through the use of prior year carryover. The District adopted amended annual budgets for the Special Revenue Funds, (the Impact Fee Fund and the Inspection Fee Fund) which included budgeted expenditures over revenues of $3,200,055 in the Impact Fee Fund and budgeted expenditures over revenues of$184,363 in the Inspection Fee Fund. The budgeted deficit in the Impact Fee Fund was expected to be funded through the use of deferred revenues and the budgeted deficit in the Inspection Fee Fund was expected to be funded through the use of prior year carryover. 161 1A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 19 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Budl!ets and budl!etarv accountinl!, continued The District follows these procedures in establishing budgetary data for the General Fund, the Impact Fee Fund, and the Inspection Fee Fund: I. During the summer of each year, the District Fire Chief submits to the Board of Commissioners a proposed operating budget for the fiscal year commencing on the upcoming October I. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are conducted to obtain taxpayer comments. 3. The budget is adopted by approval of the Board of Commissioners. 4. Budget amounts, as shown in these basic financial statements, are as originally adopted or as amended by the Board of Commissioners. 5. The budget is adopted on a basis consistent with accounting principles generally accepted in the United States of America. 6. The level of control for appropriations is exercised at the fund level. 7. Appropriations lapse at year-end. Several budget amendments were approved by the Board of Commissioners during the fiscal year ended September 30, 2006. Budgeted expenditures in the General Fund were increased by $442,000, budgeted expenditures in the Impact Fee Fund were increased by $1,445,000, and budgeted expenditures in the Inspection Fee Fund were increased by $120,000. No budget was adopted or required to be adopted for the Pension Trust Fund. Impact fees/deferred revenue The District levies an impact fee on new construction within the District. The intent ofthe fee is for growth within the District to pay for capital improvements needed due to the growth. The fee is imposed and collected by Collier County and remitted to the District. The fee is refundable if not expended by the District within six (6) years from the date of collection. The District, therefore, records this fee as restricted cash and as deferred revenue until the date of expenditure, at which time it is recognized as revenue and charged to capital outlay in the fund financial statements and capital assets in the government-wide financial statements. 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 20 of 59 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Due to/from other funds Interfund receivables and payables arise from interfund transactions and are recorded by funds affected in the period in which the transactions are executed. Due from other l!overnments No allowance for losses on uncollectible accounts has been recorded since the District considers all amounts to be fully collectible. Compensated absences The District's employees accumulate annual leave based on the number of years of continuous service. Upon termination of employment, employees can receive payment of accumulated annual leave if certain criteria are met. The costs of accumulated annual leave benefits (compensated absences) are expended in the respective operating funds when payments are made to employees. However, the liability for all accrued vacation and personal leave benefits is recorded in the government-wide Statement of Net Assets. Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion ofthe applicable appropriation, is not employed by the District because, at present, it is not necessary in order to assure effective budgetary control or to facilitate effective cash planning and control. Manal!ement estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. Fund equity In the governmental fund financial statements, reservation offund balance indicates amounts that are limited for a specific purpose, are not appropriable for expenditure, or 161 lA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 21 of 59 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Fund equity, continued are legally segregated for a specific future use. Designations of fund balance represent tentative management plans. Unreserved, undesignated fund balance indicates funds that are available for current expenditure. Interfund transactions The District considers interfund receivables (due from other funds) and interfund payables (due to other funds) to be loan transactions to and from other funds to cover temporary (three months or less) cash needs. Transactions that constitute reimbursements to a fund for expenditures/expenses initially made from it that are properly applicable to another fund are recorded as expenditures/expenses in the reimbursing funds and as reduction of expenditures/expenses in the fund that is reimbursed. NOTE B - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS Explanation of Differences Between the Governmental Funds Balance Sheet and the Government-wide Statement of Net Assets "Total fund balance" as reported on the District's Governmental Funds Balance Sheet of $8,798,098 differs from the "net assets" of governmental activities of $25, 131,394 that are reported in the Statement of Net Assets. This difference primarily results from the long-term economic focus of the Statement of Net Assets versus the current financial resources focus of the Governmental Funds Balance Sheet. The effect of the difference is illustrated below. Capital related items When capital assets (land, construction in progress, buildings, office equipment, vehicles, and equipment and machinery that are to be used in governmental activities) are purchased or constructed, the cost ofthose assets is reported as expenditures in governmental funds. 161 lA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 22 of 59 NOTE B - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS, CONTINUED Capital related items, continued However, the Statement of Net Assets includes those capital assets among the assets of the District as a whole at September 30, 2006. Amount Cost of capital assets Accumulated depreciation Total $ 26,441,540 (8, I 04,636) $ 18,336,904 Lonl!-term debt transactions Long-term obligations applicable to the District's governmental activities are not due and payable in the current period and accordingly are not reported as fund liabilities. All liabilities (both current and long-term) are reported in the Statement of Net Assets. Balances at September 30, 2006 were: Note payable Capital lease payable Accrued interest on long-term obligations Compensated absences Total Amount $ (820,116) (52,779) (3,870) (1,126,843) $ (2,003,608) Reclassifications and eliminations Due to/from other funds in the amount of$752,015 between governmental funds has been eliminated in the government-wide financial statements. Explanation of Differences Between Governmental Fund Operating Statements and the Statement of Activities The "net change in fund balance" for governmental funds of$I,593,743 (revenues and other financing sources in excess of expenditures and other financing uses) differs from the "increase (change) in net assets" for governmental activities of $5,549,460 reported in the Statement of Activities. The differences arise primarily from the long-term economic focus of the Statement of Activities versus the current financial resources focus ofthe governmental funds. The effect of the differences is illustrated below: 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE B - RECONCILIATION OF GOVERNMENT -WIDE AND FUND FINANCIAL STATEMENTS, CONTINUED Page 23 of 59 Capital related items When capital assets are purchased or constructed for governmental activities, the resources expended for those assets are reported as expenditures in governmental funds. However, in the Statement of Activities, the costs of assets are allocated over their estimated useful lives and reported as depreciation expense. As a result, fund balances decrease by the amount of financial resources expended, whereas net assets decrease by the amount of depreciation expense charged for the year. Capital outlay - expenditures Less: loss on disposition of capital assets Depreciation expense Total Amount $5,152,377 (5,271) (1,074,087) $4,073,019 LODl!-term debt transactions Repayments of principal on notes and capital leases are reported as an expenditure in the governmental funds and, thus, have the effect of reducing fund balance because current financial resources have been used. Principal payments reduce the liabilities in the Statement of Net Assets, but do not result in an expense in the Statement of Activities. Note payable - principal payments Capital Iease payable - principal payments Current year decrease in accrued interest on long-term debt Current year increase in compensated absences Total Amount $ 48,129 50,848 1,712 (217,991) $ (117,302) 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 24 of 59 NOTE C . CASH AND CASH EQUIVALENTS Cash and cash equivalents ofthe primary government (exclusive ofthe Firefighters' Pension Trust Fund) were $3,861,795, of which $1,143,457 was restricted. Total cash and cash equivalents included cash on hand of $1 ,000 at September 30, 2006. Additionally, the Firefighters' Pension Trust Fund held restricted cash and cash equivalents of $836,313 at September 30, 2006. Deposits The District's deposit policy allows deposits to be held in demand deposit, money market accounts and the Florida State Board of Administration - Local Government Surplus Trust Fund (SBA). All District depositories are institutions designated as qualified depositories by the State Treasurer at September 30, 2006. The District adheres to GASB Statement Number 31, "Accounting and Financial Reporting for Certain Investments and for External Investment Pools." Under this Statement, the District has elected to show all investments at fair value, with the exception of the Local Government Surplus Funds Investment Pool Fund (State Board of Administration), an external2A7 -like investment pool. The Local Government Surplus Funds Investments Pool Trust Fund's shares are state at amortized cost, which approximates fair value. These investments are subject to the risk that the market value of an investment, collateral protecting a deposit or securities underlying a repurchase agreements, will decline. The Firefighters' Pension Trust Fund cash and cash equivalents were held by a financial and investment institution and insured up to certain limits specific to the trustee/custodian institution and retirement trust funds. 161 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE C - CASH AND CASH EQUIVALENTS, CONTINUED Deposits, continued Deposits consist of the following at September 30, 2006: District Carrying Amount Unrestricted General Fund Depository Accounts Money Market SBA Total General Fund $ 527,539 2,185,579 4,220 $ 2,717,338 Restricted Special Revenue Funds Impact Fee Depository Inspection Fee Depository Total Special Revenue Funds $ 590,241 553,216 $ 1,143,457 Pension Trust Fund Firefighters' Pension Depository Total Pension Trust Fund $ 836,313 $ 836,313 c, 0'. \ Page 25 of 59 Bank Balance $ 1,239,265 2,185,579 4,220 $ 3,429,064 $ 634,721 553,216 $ 1,187,937 Not Available Not Available The District's deposits were entirely covered by federal depository insurance or by collateral pursuant to the Public Depository Security Act (Florida Statute 280) of the State of Florida. Bank balances approximate market value. The District held no other types of deposits during the year ended September 30, 2006. The local Government Surplus Funds Trust Fund is not required to be categorized because the investments are not evidenced by securities that exist in physical or book entry form. The Firefighters Retirement Trust Fund is also covered by certain and specific insurance coverages as previously noted. 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 26 of 59 NOTE C - CASH AND CASH EQUIVALENTS, CONTINUED Restricted cash and equivalents The following is a brief description of the restrictions on cash and cash equivalents: The Impact Fee account is used to account for the deposit of impact fees received and is restricted for certain capital asset acquisition associated with growth within the District. Impact fees are collected by Collier County for the District pursuant to County ordinance and District resolution. The Inspection Fee account is used to account for inspection fees collected by the District for performing fire inspections within the District. Such revenue is restricted for inspection service related costs. The Firefighters' Pension Trust Fund accounts for resources held to fund the respective firefighter employee pension benefits. NOTE D - INVESTMENTS District - Investments: Investments ofthe District (primary government)(exclusive of the Firefighters' Pension Trust Fund) were $5,000,000 at September 30, 2006 and consisted of certificates of deposit designated as public funds with a qualified public depository, and were therefore covered entirely by collateral pursuant to the Public Depository Security Act (Florida Statute 280) ofthe State of Florida. Category I Includes investments that are insured or registered, or securities held by the District or its agents in the District's name, or held by the District's agents in a Depository Trust Company custodial account. There were no losses during the period due to default by counterparties to investment transactions, and the District had no other types of investments, during the year, other than those listed below. Market Value/Carrying Value Category I Category 3 Total Cost General Fund Certificates of deposit $ 5.000,000 $ $ 5.000,000 $ 5.000.000 Total General Fund $ 5,000.000 $ $ 5,000,000 $ 5.000,000 161 lA \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 27 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE D - INVESTMENTS, CONTINUED Firefil!hters Pension Plan - Investments: Investments held in the Firefighters' Pension Plan totaled $7,463,296 (including $4,396,751 in equity securities and $3,066,545 in fixed income securities) at September 30, 2006. Such investments are controlled by Firefighters' Pension Board policy. This policy provides for investments in treasury notes, federal agency guaranteed securities, corporate bonds, notes and/or equities, and real estate. Investment Authorization: The Plan's investment policy is determined by the Board of Trustees. The policy has been identified by the Board to conduct the operations of the Plan in a manner so that the assets will provide the pension and other benefits provided under applicable laws, preserving principal while maximizing the rate of return. The Trustees are authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common. Investment in all equity securities shall be limited to those listed on a major U.S. stock exchange and limited to no more than 62.5% (at market) of the Plan's total asset value. The equity position in anyone company shall not exceed 5% of the total portfolio at market. Investments in stock of foreign companies shall be limited to 10% of the value of the portfolio. No more than 15% of the equity securities are to be invested in small or mid-cap stocks. The fixed income portfolio shall be compromised of securities rated in the highest three (3) categories of quality by a major rating service. Except for Treasury and Agency obligations, the debt portion of the Fund shall contain no more than 10% of a given issuer irrespective of the number of differing issues. The current target allocation of these investments at market is as follows: Authorized Investments Domestic Equities Fixed Income International Equities Target % of Portfolio 50% 40% 10% NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE D - INVESTMENTS, CONTINUED 161 1 A l Page 28 of 59 Interest Rate Risk: Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to change in market interest rates. As a means of limiting its exposure to interest rate risk, the Plan diversifies its investments by security type and institution, and limits holdings in anyone type of investment with anyone issuer with various durations of maturities. Information about the sensitivity ofthe fair values of the Plan's fixed income investments to market interest rate fluctuations is provided by the following table that shows the distribution of the Plan's investment by maturity at September 30, 2006: Investment Maturities (in vears) Investment Tvoe Fair Value Less than I I to 5 6 to 10 More than 10 U.S. agencies $ 1,405,0 II $ 22,993 $ 980,874 $ 401,144 $ Corporation bonds 1,661,534 556,716 1,036,373 68,445 $ 3,066,545 $ 579,709 $2,017,247 $ 469,589 $ Credit Risk: Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The Plan's investment policy utilizes portfolio diversification in order to control this risk. The following table discloses credit rating by fixed income investment type at September 30,2006, if applicable: Fair Value U.S. government guaranteed* $1,405,011 Quality rating of credit risk debt securities AAA AA AA- A+ A A- Total credit risk debt securities $ 79,042 98,875 282,253 543,043 463,576 194,745 $1,661,534 Percentage of Portfolio 45.82 % 2.58 % 3.22 9.20 17.71 15.12 6.35 54.18 % * Obligations of the U.S. government or obligations explicitly guaranteed by the U.S. government are not considered to have credit risk and do not have purchase limitations. 16' lA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 29 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE D - INVESTMENTS, CONTINUED Concentration of Credit Risk: The investments policy of the Plan contains limitations on the amount that can be invested in anyone issuer as well maximum portfolio allocation percentages. There were no individual investments that represented 5% or more of plan net assets at September 30, 2006. Custodial Credit Risk: This is the risk that in the event of the failure of the counterparty, the plan will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. This risk is generally measured by the assignment of a rating by a nationally recognized statistical rating organization. Consistent with the Plan's investment policy, the investments are held by Plan's custodial bank and registered in the Plan's name. NOTE E - DUE TOIFROM OTHER FUNDS Interfund receivables and payables at September 30, 2006 are as follows: Due from Due to Fund other funds other funds General Fund: Impact Fee $ 662,108 $ Inspection Fee 89,907 Total General Fund 752,015 Special Revenue Funds: Impact Fee General 662,108 Inspection Fee General 89,907 Total Special Revenue Funds 752,015 Total $ 752,015 $ 752,015 Interfund receivables and payables were eliminated for presentation purposes in the Statement of Net Assets at September 30, 2006. 161 lA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 30 of 59 NOTE F - CAPITAL ASSETS ACTIVITY The following is a summary of changes in capital assets activity for the year ended September 30, 2006: Balance at Balance at October 1 Increases! Decreases! Adjustmentsl September 30 2005 Additions Retirements Reclassifications 2006 Capital Assets Not Being Depreciated: Land $ 3,663,192 $3,620,556 $ $ $ 7,283,748 Construction in Progress 760,400 116,920 (700,000) 177.320 Total Capital Assets Not Being Depreciated 4,423,592 3,737,476 (700,000) 7,461,068 Capital Assets Being Depreciated: Buildings 7,078,386 191,158 700,000 7,969,544 Fixed Assets Acquired Under Capital Lease 318,496 318,496 Office Equipment 912,557 76,817 (35,662) 953,712 Vehicles 6,584.663 441,305 (1,750) 7,024,218 Equipment & Machinery 2.029.078 705.621 (20.197) 2,714,502 Total Capital Assets Being Depreciated 16,923,180 1.414,901 (57,609) 700,000 18,980,472 Less Accumulated Depreciation: Buildings (1,966,432) (259,953) (2.226,385) Fixed Assets Acquired Under Capital Lease (188,240) (32,737) (220,977) Office Equipment (443,098) (88,487) 33,151 (498,434) Vehicles (3,201.051 ) (453,126) 963 (3,653.214) Equipment & Machinery (J .284.066) (239.784) 18,224 (1,505,626) Total Accumulated Depreciation (7,082,887) (1,074.087) 52,338 (8, I 04,636) Total Capital Assets being Depreciated, Net 9,840,293 340.814 (5,271) 700,000 10,875,836 Capital Assets, Net $ 14,263,885 $4,078,290 $ (5,271) $ $ 18,336.904 16' lA l NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 31 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE F - CAPITAL ASSETS ACTIVITY, CONTINUED Depreciation expense was charged to the following functions during the year ended September 30, 2006: General Government Total Depreciation Expense Amount $1,074,087 $1,074,087 NOTE G - LONG-TERM OBLIGATIONS The following is a summary of changes in long-term obligations for the year ended September 30,2006: Note Payable - Series 2004 Capital Lease Compensated Absences Balance October I 2005 $ 868,245 103,627 908.852 $ 1,880,724 Retirements Balance And September 30 Additions Adjustments 2006 $ $ (48,129) $ 820,116 (50,848) 52,779 217.991 1,126,843 $ 217,991 $ (98,977) $ 1,999,738 Amounts Due Within One Year $ 102,664 $ 102,664 The following is a summary oflong-term obligations at September 30, 2006: Amount $912,500 note payable monthly for 59 months to a fmancial institution in the amount of$6,542 including interest at 3.54%, with a final payment of all unpaid principal and accrued interest on November 1,2009. The note is collateralized by impact fees and non-ad valorem revenues of the District. $ 820,116 $201,714 capital lease payable annually to a financial institution in the amount of $54,786 including interest at 3.8%, collateralized by the respective vehicle. Final payment due December 24, 2006. 52,779 Non-current portion of compensated absences. Employees of the District are entitled to paid vacation based on length of service and job classification. 1,126,843 $ 1,999,738 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 32 of 59 NOTE G - LONG-TERM OBLIGATIONS, CONTINUED The annual debt service requirements for long-term debt obligations at September 30, 2006 were as follows: Year Ending Note Pavable Capital Lease Totals September 30 Interest Principal Interest Principal Interest Principal 2007 $ 28,616 $ 49,885 $ 2,007 $ 52,779 $ 30,623 $ 102,664 2008 26,871 51,631 26,871 51,631 2009 24,912 53,589 24,912 53,589 2010 3,975 665,011 3,975 665,011 Total debt service $ 84,374 $ 820, 116 $ 2,007 $ 52,779 $ 86,381 $ 872,895 Accrued compensated absences 1,126,843 Total Long-Term Obligations $ 1,999,738 NOTE H - OPERATING LEASE The District leases a building for its vehicle maintenance operation under a noncancelable operating lease. The lease was entered into during September 2004 and effective October 4, 2004. During September 2005, the District increased its leased space by 1500 square feet. As such, monthly rent is $5,100 per month beginning October 1,2005. The District incurred rent expense related to this lease for the year ended September 30, 2006 of $61 ,392. Costs of $8,500 incurred were recorded as prepaid at September 30, 2006, including the next month's rent of $4,900 utilities and lease deposit of $3,600. During the year ended September 30, 2006, the District renegotiated the lease agreement with the lessor. The amount of rent was decreased to $4,900 and the District will pay actual electric expense. The lease terminates October 3, 2007. The lease, however, contains certain options for renewal. Subsequent to the year ended September 30, 2006, the District purchased the property from the lessor. The District had placed $75,000 in escrow as a deposit as of September 30, 2006. The deposit was recorded as land at September 30, 2006. The future minimum lease payments for this lease are as follows: Year Ending September 30. Amount 2007 Total $ 61,200 $ 61,200 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 33 of 59 NOTE I - RETIREMENT PLANS The following three retirement plans have been established by the District: Plan I - Florida Retirement System (FRS) Plan 2 - Firefighters' Pension Trust Fund (Florida Statute 175) Plan 3 - Governmental Money Purchase Plan (Chief) Employee participation in a specific plan is based on the respective employee's original hire date. Plan 1 - Plan description and provisions - Florida Retirement Svstem All District personnel employed prior to January I, 1996 and all other District personnel (other than certified firefighters) including the Board of Commissioners, hired on or after January I, 1996 are participants in the statewide Florida Retirement System (FRS) under the Authority of Article X, Section 14 ofthe State Constitution and Florida Statutes, Chapters 112 and 121. The FRS is noncontributory and is totally administered by the State of Florida. The District contributed 100% of the required contributions for the years ended September 30, 2006, 2005, and 2004. The District's covered payroll for the years ended September 30, 2006, 2005, and 2004 was $5,224,284, $4,672,643, and $4,304,825, respectively. The District's contributions to the Plan were $911,345, $803,415, and $708,028, for the years ended September 30,2006,2005, and 2004, respectively, which represents 17%, 17%, and 16%, respectively, of covered payroll. Pension costs for the District ranged between 8% to 21 % for the year ended September 30, 2006. There were no employee contributions to the Plan. Employees who retire at or after age 62 with 6 years of creditable service, 6 years of senior management service and age 62, 6 years of special risk service and age 55, or 30 years of service (25 for special risk) regardless of age, are entitled to a retirement benefit, payable for life, equal to 1.5% to 3.3% per year of creditable service, depending on the class of employee (regular, special risk, etc.) based on average final compensation of the five (5) highest fiscal years' compensation. Benefits vest after six years (six years for senior management) of creditable service. Vested employees may retire anytime after vesting and incur a 5% benefit reduction for each year prior to normal retirement age. 161 lA! NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 34 of 59 NOTE I - RETIREMENT PLANS, CONTINUED Plan 1 - Plan description and provisions - Florida Retirement Svstem, continued Early retirement, disability, death and survivor benefits are also offered. Benefits are established by State Statute. The plan provides for a constant 3% cost-of-living adjustment for retirees. The plan also provides several other plan and/or investment options that may be elected by the employee. Each offers specific contribution and benefit options. The Plan documents should be referenced for complete detail. Description of funding policy - This is a cost sharing, multi-employer plan available to governmental units within the State. Actuarial information with respect to an individual participating entity is not available. Participating employers are required, by Statute, to pay monthly contributions at actuarially determined rates that, expressed as percentages of annual covered payroll, are adequate to accumulate sufficient assets to pay benefits when due. Trend information - A copy of the FRS's June 30, 2006 annual report can be obtained by writing the Florida Division of Retirement, Cedars Executive Center, 2639-C North Monroe Street, Tallahassee, Florida 32399-1560, or by calling (850) 488-5706. Plan 2 - Plan description and provisions - Firefil!hters' Pension Trust Fund The following brief description of the North Naples Fire Control and Rescue District Firefighters' Pension Plan (the "Plan") is provided for general information purposes only. Participants should refer to the plan agreement for a more complete description of the Plan. On July II, 1996, under the authority of Florida Statute 175 and Laws of Florida, Chapter 95-338, the District's Board of Commissioners passed Resolutions 96-004 and 96-005, providing for the establishment and funding of a single employer defined benefit retirement plan and trust for newly hired fire suppression personnel. The resolutions establish that certified firefighters employed on or after January I, 1996 are to become participants in the District's Firefighters' Pension Trust Fund. The Plan is totally administered, including all investment management, by a third party administrator and the Plan's appointed Pension Board. 161 IA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 35 of 59 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefil!hters' Pension Trust Fund, continued During the year ended September 30, 2006, there were employee contributions in the amount of$15,877. These employee contributions were for the buyback of military service time for certain employees. There were no employee contributions to the Plan during the years ended September 30,2005,2004, or 2003, as the District funds the scheduled employee required contributions. The employer contributed 100% of its required contributions, as well as those required of the participating firefighters (0.5% pick-up). The Plan provides for full-time fire fighting personnel to become eligible to participate in the Plan immediately upon hire. Under District resolution 96-005, the District elected to pay the 0.5% (I % prior to December 9, 2004) employee required contribution on behalf of the employee. Effective December 9, 2004 the employee contribution was reduced to 0.5% (employee pick up). Effective July 1,2001 (per resolution 01-01), benefits under the Plan vest after six years of creditable service. Employees who elect normal retirement at or after age 55 with 6 years of creditable service, or 25 years of service regardless of age, are entitled to a retirement benefit. Employees may elect early retirement after 6 years of creditable service and attainment of age 50 with a reduction in benefit not to exceed 3% for each year before normal retirement. The Plan also includes certain disability and death benefits. Contributions - Contributions to the Plan are derived from three sources: employees (" I % pick-up" - I % of compensation paid by the District on behalf of the employee pursuant to Resolution 96-005) effective December 9, 2004 the required employee contribution was reduced to 0.5% (employee pick up), State funds (fire [hazard] insurance premium tax per Florida Statute Chapter 175) and employer (remaining amount necessary to meet actuarial requirement). For the period from January I, 1996 through September 30, 1996, no employer contributions were required. Employer contributions were required from October I, 1996 through September 30, 2006. The State contributions under Chapter 175 began in June 1997. This revenue is based on property fire insurance premiums paid within the District and is applied up to an approved "frozen" limit of $112,818. The District (employer) is required to fund the difference each year between the total contributions from all other sources for the year and the total cost for the year pursuant to the most recent actuarial valuation of the Plan. The total cost for any year equals total normal cost plus the additional amounts sufficient to amortize the unfunded past service liability over a 30 year period commencing the first year of the Plan's inception. 16/ 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 36 of 59 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefil!hters' Pension Trust Fund, continued Pursuant to the actuarial study dated October 1,2005, the District's fiscal year 2006 contribution (District only) requirement and actual contribution was $1,066,141, which approximated 28% of the actuarially determined covered payroll. Actual District contributions to the Plan for the year ended September 30, 2006 were $1,092,307 including $26,166 contributed by the District on behalf of the participating firefighters (employee pick-up). The State contributions for the year ended September 30, 2006 were $733,516 At September 30, 2006, $2,227,948 of the Plan's total net assets were restricted for future benefits increases. Pension benefits - Effective July 1,2001, employees with 6 or more years of service are entitled to monthly pension benefits, beginning at the earlier of age 55 with 6 years of credited service or 25 years credited service regardless of ages, equal to 3% of their average final compensation (AFC) over the 5 highest years within the last 10 years of service multiplied by number of years of credited service. Maximum benefit is 100% of AFC. The plan permits early retirement at age 50 with 6 years of credited service. Employees may elect to receive their pension benefits in the form of a 10 year certain and life annuity. If employees terminate before rendering 6 years of credited service, they forfeit the right to receive the portion oftheir accumulated plan benefits. All retirement benefits are annually increased for cost ofliving at 3%. Death and Disability benefits - Upon the death of any vested member, whether or not still in active employment, a survivor benefit is payable to the beneficiary starting when the member would have reached retirement age. The benefit is equal to the vested pension benefit and is payable for 10 years. A spousal and/or minor benefit is provided for line of duty death is equal to a minimum of one half of the members salary for life (spouse) or age 18 (child). Employees who become totally disabled with at least 8 years of credited service receive the greater of the accrued pension benefit or 25% of AFC, if non-service incurred, or 42% of AFC, if active service incurred. Effective December 9, 2004 the active service related benefit was increased to 65%. Supplemental Benefits - Effective December 31, 2004, each service and disability retiree and their joint pensioners or beneficiaries and vested terminated members shall receive a supplemental payment to be used as a health insurance subsidy payment. The amount shall be five dollars ($5) for each full year of credited service for life. The maximum monthly supplement is one hundred fifty dollars ($150) and the minimum thirty dollars ($30). 16/ 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 37 of 59 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefil!hters' Pension Trust Fund, continued Income recognition - Interest income is recorded on the accrual basis. Investments are reported at market value. Short-term investments are reported at cost, which approximates market value. Actuarial present value of accumulated plan benefits - Accumulated plan benefits are those future periodic payments, including lump-sum distributions, that are attributable under the Plan's provisions to the service employees have rendered. Accumulated plan benefits include benefits expected to be paid to (a) retired or terminated employees or their beneficiaries, (b) beneficiaries of employees who have died, and (c) present employees or their beneficiaries. Benefits under the Plan are based on employees' age at entry to the Plan and are based upon the current starting salary for firefighters at entry level. Benefits payable under all circumstances, retirement, death, disability and termination of employment, are included, to the extent they are deemed attributable to employee service rendered to the valuation date. The actuarial present value of accumulated plan benefits is determined by an actuary and is the amount that results from applying actuarial assumptions to adjust the accumulated plan benefits to reflect the time value of money (through discounts for interest) and the probability of payment (by means of decrements such as for death, disability, withdrawal, or retirement) between the valuation date and the expected date of payment. The significant actuarial assumptions used in the valuations as of September 30, 2006 were (a) life expectancy of participants (the 1983 Group Annuity Mortality Table was used), (b) retirement age assumptions (the assumed average retirement age was 55), and (c) annual investment return of 8%. The October I, 2006 actuarial valuation reflected assumed average rates of return of 8%. The foregoing actuarial assumptions are based on the presumption that the Plan will continue. Ifthe Plan terminated, different actuarial assumptions and other factors might be applicable in determining the actuarial present value of accumulated plan benefits. Payment of benefits - Benefit payments to participants are recorded upon distribution. The District contributed 100% of the required contributions. A summary of certain Plan details and trend information is included below. A copy of the Plan and Plan audit for September 30, 2006 can be obtained by writing the District at 1885 Veterans Park Drive, Naples, Florida 34109-0492, or by calling (239) 597-3222. 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 38 of 59 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefil!hters' Pension Trust Fund, continued The following is a summary of the Single Employer-Defined Benefits Plan, including funding policies, contribution methods, benefit provisions and trend information: Year established and governing authority Governing body Detennination of contribution requirements: Employer (District) Firefighters' Pension Trust Fund - Plan 2 District Resolution 96- 004 (July 11, 1996) Board of Trustees of Plan Plan members Actuarially detennined 23% to 33% of covered payroll, based upon age of employees. Contributions are required after the State Revenue under Chapter 175 (premium tax refunds) are received. 0.5% of Covered payroll- Note: The District adopted Resolution 96-005 to fund the contribution for the employees. (Pick-up) Funding of administrative costs Period required to vest Annual salary increase Post retirement benefit increase Employer 6 years 6% Cost of living increase of of 3% each year Eligibility for distribution (Nonnal retirement) Earlier of 55 with 6 years of credited service or 25 years credited service regardless of age Provisions for: Disability benefits Death benefits Early retirement Yes Yes Yes 161 1 ~ l NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 39 of 59 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefil!hters' Pension Trust Fund, continued Memberships ofthe Plan consisted of the following at September 30, 2006: Firefighters' Pension Trust Fund - Plan 2 Active plan participants Vested Non-vested 40 56 Retirees and beneficiaries receiving benefits Terminated Plan members entitled to but not yet receiving benefits o Q Total 96 Number of participating employers Number of participating state agencies Annual Pension Cost, Net Pension Oblil!ation and Reserves Current year annual pension costs for the Firefighters' Pension Trust Fund are shown in the trend information provided. The Firefighters' Pension Trust Fund had a net unfunded actuarial accrued liability at September 30, 2006 of $452,842. The Plan assets are legally reserved for the payment of the respective plan member benefits within the Plan. There are no assets legally restricted for plan benefits other than these assets within the Plan. The Firefighters' Pension Trust Fund held certain investments at year end. 16' lA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 40 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefil!hters' Pension Trust Fund, continued Trend Information Fiscal Year 2006 2005 2004 2003 2002 2001 2000 1999 1998 Firefighters' Pension Trust Fund (2) Total (3) Required Net Annual State (I) Pension Pension District State Frozen Actual Percentage Obligation Contribution Contribution Contribution Contribution Contribution Contributed (NPO) $ 1,178,959 $ 1,066,141 $ 733,516 $ 112,818 $ 1,178,959 100% $ 1,000,009 $ 887,191 $ 608,709 $ 112,818 $ 1,000,009 100% $ 792,577 $ 679,759 $ 527,004 $ 112,818 $ 792,577 100% $ 678,000 $ 565,182 $ 422,639 $ 112,818 $ 678,000 100% $ 564,102 $ 451,284 $ 303,169 $ 112,818 $ 564, I 02 100% $ 393,649 $ 305,603 $ 212,220 $ 112,818 $ 418,421 106% $ 266,823 $ 227,235 $ 182,204 $ 106,594 $ 333,829 125% $ 159,203 $ 4,042 $ 128,582 $ 106,594 $ 110,636 69% $ 79,718 $ 105,337 $ 106,594 $ 106,594 $ 211,931 266% (1) Excludes employee I % and 0.5%, as applicable, pick-up but includes employer and State frozen contributions. (2) An actuarial valuation was not prepared for October I, 1998 (for FY 1999), per actuary's letter dated February 15,2000 addressed to the pension administrator. However, the actuary determined the required contribution for year ending September 30,1999 based on October I, 1998 payroll of $627,482. In addition, actuarial valuation was prepared on October I, 1999 for fiscal year 2000. Information regarding FY 1999 was extracted from such study. Valuations have been prepared annually thereafter. (3) The District considers its annual pension cost to be its actuarially determined required annual pension contribution. Pension Trust Required Supplementarv Information Schedule of Funding Progress Firefighters' Pension Plan: Unfunded Actuarial Actuarial Actuarial UAAL as a Value of Accrued Accrued Annual Percentage of Actuarial Assets Liability (AAL) Liability Funded Covered Covered Valuation (AVA) -Entry Age (VAAL) Ratio Payroll Payroll Date (a) (b) (b-a) (aIb) (e) (b-a)/c 10/0 1/06 $ 8,572,161 $ 9,025,003 $ 452,842 95.0% $ 5,960,908 7.6% 10/01/05 $ 6,322,176 $ 6,783,798 $ 461,622 93.2% $ 3,8]5,952 12.1% 10/01/04 $ 4,063,514 $ 4,991,512 $ 927,998 81.4% $ 3,300,680 28.1% 10/01/03 $ 2,420,236 $ 3,338,115 $ 917,879 72.5% $ 2,633,944 34.8% 10/01/02 $ 1,501,493 $ 2,220,582 $ 719,089 67.6% $ 2,318,319 31.0% 10/01/01 $ 1,355,012 $ 1,574,854 $ 219,842 86.0% $ 2,074,284 10.6% 10/01/00 $ 869,923 $ 681,940 $ (187,983) 127.6% $ 1,399,961 (13.4%) 10/0 1/99 $ 439,347 $ 361,015 $ (78,332) 121.7% $ 924,109 (8.5%) 10/01/97 $ 116,967 $ 31,423 $ (85,544) 372.2% $ 316,079 (27.1%) 16l lA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 41 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE I - RETIREMENT PLANS, CONTINUED Plan 2 - Plan description and provisions - Firefil!hters' Pension Trust Fund, continued Valuation date Actuarial cost method Amortization method Remaining amortization period Actuarial asset valuation method Actuarial assumptions: Investment rate Projected salary increase' 'Includes inflation at Post retirement cost ofliving adjustment Firefighters' Pension Trust Fund 10/01/06 Frozen Entry Age Level dollar, closed 30 years Market 8% 6% 3% 3% Plan 3 - Governmental Monev Purchase Plan Subsequent to the year ended September 30, 2006 the District approved a Governmental Money Purchase Plan (401 (a)), a defined contribution plan which is available only to the District's Fire Chief. The Plan is completely administered by the Plan custodian. The Plan requires the District to make monthly contributions of a percentage of the Chiefs eligible compensation equal to the average of the rate for the special risk category of the FRS and the contribution rate for the District's Chapter 175 Firefighters' Pension Trust. On October 12, 2006, the Board adopted Resolution 06-045 which established the plan and required retroactive contributions to the date of employment of the Fire Chief (June 13, 2006). The contribution rate for the period from June 13, 2006 through September 30, 2006 was 24.41 %. The contribution for the year ended September 30, 2006 totaled $15,482 and was included in accrued expenses. The contribution was transferred to the plan administrator on December 14,2006. 16' 1 AI NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 42 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE J - POST-EMPLOYMENT BENEFITS OTHER THAN PENSION BENEFITS The District provides insurance (health, life and dental) benefits to its retired employees. All retired full-time employees are eligible for benefits if actively employed by the District immediately before retirement. As of September 30, 2006, there were thirteen (13) retirees receiving these benefits. The benefits are provided both with and without contractual or labor agreements. The benefits may require contribution from the retirees, depending on certain specified criteria and, in particular, length of creditable employment. The District pays up to 50% of retiree dependent coverage. The District finances the benefits on a pay-as-you-go basis and recognizes expenditures at the time premiums are due. The premiums for these benefits totaled $94,179 during the year ended September 30, 2006. NOTE K - RISK MANAGEMENT The District participates in a self-insurance program for health and dental insurance claims beginning January 1,2005. The self-insurance program has stated annual individual stop loss limits ($60,000 per individual employee for calendar 2005 and $70,000 for calendar 2006) and aggregate loss limits (approximately $1.8 million for calendar 2006 but varies with number of covered employees) and retains third party excess coverage (reinsurance) for claims in excess ofthe loss limits. The District incurred $2,200,005 in health insurance claims and third party administration costs and reinsurance premiums during the fiscal year ending September 30, 2006 for the self-insurance program. No accrual has been made as of September 30, 2006 for estimates of amounts to be paid for actual and incurred but not reported (IBNR) claims as it is not possible to determine claims incurred and not reported. Additionally, the policy is based on a calendar year and requires the District to initially fund the claim, then determine if stop loss limits were exceeded or reinsurance refunds are due. The District's estimated remaining maximum cost exposure for the year ended September 30, 2006 was approximately $122,000. The actual amount could be less based on the individual stop loss limits and reinsurance reimbursements. It is the policy of the District to purchase commercial insurance for other remaining forms of potential risks to which it is exposed. The District's risk management activities are reported in the General Fund. No accrual has been recorded for claims and incidents not reported to the insurer. The District had no significant reductions in insurance coverage from the prior year. Reported claims have not exceeded the insurance coverage for the years ended September 30, 1998 through September 30, 2006. The District's total liability within anyone year is limited to the annual loss limit, except for tail coverage estimated at approximately three (3) months' average claims in the year of plan termination. The District has no plan to terminate coverage; therefore, no such accrual has been recorded in the financial statements. 161 lA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 43 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE L - PROPERTY TAXES Property taxes are levied after formal adoption of the District's budget and become due and payable on November I of each year and are delinquent on April I of the following year. Discounts on property taxes are allowed for payments made prior to the April I delinquent date. Tax certificates are sold to the public for the full amount of any unpaid taxes and must be sold not later than June I of each year. The billing, collection, and related record keeping of all property taxes is performed for the District by the Collier County Tax Collector. No accrual for the property tax levy becoming due in November 2006 is included in the accompanying basic financial statements, since such taxes are collected to finance expenditures ofthe subsequent period. Procedures for collecting delinquent taxes, including applicable tax certificate sales and tax deed sales, are provided for by Florida Statutes. The enforceable lien date is approximately two years after taxes become delinquent and occurs only upon request of a holder of a delinquent tax certificate. As of September 30, 2006, $211,853 was due from the Collier County Tax Collector to the District for ad valorem taxes and excess fees, and interest. Important dates in the property tax cycle are as follows: Assessment roll certified July I Millage resolution approved No later than 93 days following certification of assessment roll. Taxes due and payable (Levy date) November/with various discount provisions through March 31. Property taxes payable - maximum discount ( 4 percent) Beginning of fiscal year for which taxes have been levied Due date Taxes become delinquent (lien date) Tax certificates sold by the Collier County Tax Collector 30 days after levy date October I March 31 April I ) Prior to June I For the year ended September 30, 2006, the Board of Commissioners of the District levied ad valorem taxes at a millage rate of$1.00 per $1,000 (1.00 mill) ofthe 2005 net taxable value of real property located within the District. 16 ! 1 A l NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 44 of 59 NOTE M - DESIGNATED AND/OR RESERVED FUND BALANCEINET ASSETS Fund BalancelNet Assets were designated and/or reserved for the following purposes at September 30, 2006: Special Revenue Fund - Inspection Fee Fund - building inspection fees Total Special Revenue Funds Amount $ 400,000 300,000 1,000,000 165,000 300,000 500,000 500,000 500,000 75,000 439,955 636,451 112,350 20,900 771,451 1,000,000 . 231,451 324,64 I 15,000 $ 7,292,199 $ 567,395 $ 567,395 Designated fund balance General Fund - Emergency General Fund - USAR team deployment General Fund - Affordable housing General Fund - Loan lump sum General Fund - Replacement Radios/Communications General Fund - GASB 45 Post Employment Benefits General Fund - Advanced Life Support Program General Fund - Health insurance General Fund - Heavy Rescue General Fund - Vehicle replacement General Fund - Building improvements General Fund - Station #40 General Fund - Station #46 General Fund - Operating reserve General Fund - Disaster preparedness General Fund - Capital equipment General Fund - Capital fire apparatus General Fund - Personal Protective Gear Total General Fund Reserved Net Assets Firefighters' Pension Fund-firefighters' retirement benefits Total Reserved Net Assets Amount $ 8,572,436 $ 8,572,436 161 lA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 45 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE N - IMP ACT FEE FUND ACTIVITY During the year ended September 30, 2006, the Impact Fee Fund had the following activity: Deferred revenue, October 1, 2005 Impact fee receipts (I) Interest income Operating fees - collection fees Capital outlay Deferred revenue, September 30, 2006 Amount $ 2,554,320 1,141,444 51,005 (17,089) (3,689,410) $ 40,270 (I) Including Impact fee receipts due from other governments of$112,355. NOTE 0 - COMMITMENTS AND CONTINGENCIES The District is involved from time to time in certain routine litigation, the substance of which either as liabilities or recoveries, would not materially affect the financial position of the District. Although the final outcome of the lawsuits, assertions, and claims or the exact amount of costs and/or potential recovery is not presently determinable, in the opinion ofthe District's legal counsel, the resolution of these matters will not have a materially adverse affect on the financial condition of the District. As a general policy, the District plans to vigorously contest any such matters. The District is a defendant in a claim for a waiver of or reimbursement of impact fees. The outcome of such allegation could affect impact fee collection or require impact fee reimbursement for a specified area within the District. This matter was settled subsequent to September 30, 2006. The District agreed to a Stipulation of Settlement in the amount of $23,233. During the year ended September 30, 2003, the District became aware that a local industry group has expressed its intent to explore legal action against the District for the improper expenditure of impact fees. The District has extensively reviewed, including seeking the opinion of legal counsel, its impact fee expenditures from October I, 1996 16/ lA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 46 of 59 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE 0 - COMMITMENTS AND CONTINGENCIES, CONTINUED through September 30, 2003 and recorded a prior period entry as a result of the review. Subsequent to September 30, 2003, the industry group did file a lawsuit. The District is vigorously defending this claim. During the year ended September 30, 2006, the District was granted a Motion for Dismissal for Failure to Prosecute. The matter is considered resolved as of September 30, 2006. Collier County has informed the District that it may have incorrectly distributed fire impact fees among the various fire districts located within the County. The potential liability to the District's Impact Fee Fund is approximately $250,000. The District's Firefighters' Pension Plan has sued the City of Naples and its firefighters' pension plan to determine the amount of overpayment of State collected insurance premium taxes paid to the City by the State in an effort to recover those overpayments more properly due the District's pension plan. NOTE P - IMPLEMENTATION OF GASB STATEMENT NO. 45 The Governmental Accounting Standards Board has issued Statement No. 45, "Accounting and Financial Reporting by Employers for Post-Employment Benefits Other Than Pensions" (GASB 45). This Statement will change the manner in which a governmental entity discloses, accrues, and funds its post retirement benefits other than pensions. Upon implementation of this statement, the District will be required to actuarially determine the cost of its post retirement benefits other than pensions and fund those costs annually. This Statement may have a significant effect on the District's annual budget. The Statement is effective for the year ended September 30, 2008. The District intends to implement this Statement at that time. NOTE Q - SUBSEQUENT EVENT Subsequent to the year ended September 30, 2006, the District purchased land in the amount of $1 ,050,000 which is intended to be the site of a new station (Station # 410). A deposit of $50,000 was paid in the year ended September 30, 2006 and is included in land. Subsequent to the year ended September 30, 2006, the District purchased the land and building currently leased by the District for its maintenance/repair facility for $2,800,000. A $75,000 deposit was placed in escrow as part of the terms of the purchase contract as of September 30, 2006 and is included in land. 161 REQUIRED SUPPLEMENTARY INFORMATION OTHER THAN MD&A 1 A t- 161 lA\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 47 of 59 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND - SUMMARY STATEMENT Year Ended September 30, 2006 General Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable) REVENUES Ad Valorem taxes $ 20,832,034 $ 20,832.034 $ 21,382,370 $ 550,336 Intergovernmental revenue 171,949 171,949 Charges for services 165,760 165.760 232,006 66,246 Miscellaneous: Interest 235,000 235,000 567,972 332,972 Other 197,510 197,510 478,500 280,990 TOTAL REVENUES 21,430.304 21,430,304 22.832,797 1,402,493 EXPENPlTURES Current Public safety Personal services 16,885.225 17,035,225 15,850,834 1,184.391 Operating expenditures 4,246,174 4,246,174 3,859,571 386,603 Capital outlay 1,771,350 2,063,350 1,462,967 600,383 Debt service Principal reduction 98.797 98,797 98,977 (180) Interest and fiscal charges 34,491 34,491 34,311 180 TOTAL EXPENDITURES 23,036,037 23,478,037 21,306,660 2.171,377 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (1,605,733 ) (2,047.733) 1,526,137 3,573,870 OTHER FINANCING SOURCES Proceeds from debt EXCESS OF REVENUES AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES (1.605,733) (2,047,733) 1,526,137 3,573,870 FUND BALANCE - Beginning 1,605.733 2,047,733 6,704,566 4,656,833 FUND BALANCE - Ending $ - $ - $ 8,230,703 $ 8.230,703 The accompanying notes are an integral part of this statement. 16 I 1 A, NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 48 of 59 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERALFUND-DETMLEDSTATEMENT Year Ended September 30, 2006 General Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable ) REVENUES Ad Valorem taxes $ 20,832.034 $ 20,832.034 $ 21,382,370 $ 550,336 Intergovernmental revenue 171.949 171,949 Charges for services 165.760 165.760 232.006 66,246 Miscellaneous: Interest 235,000 235.000 567,972 332,972 Other 197,510 197.510 478.500 280,990 TOTAL REVENUES 21.430.304 21,430.304 22,832,797 1.402,493 EXPENDITURES Current Public safety Personal services: Salaries Firefighters & Admin. 9,481.666 9,481,666 9.159,039 322.627 Commissioners 30,000 30.000 30,000 Overtime 505.272 655,272 530,710 124,562 Incentives and holiday pay 401,675 401,675 415.646 (13,971) Payroll taxes Social Security 806,247 806,247 779,772 26.475 Benefits Retirement 2.153.703 2,153.703 1,907.043 246.660 Health insurance 1,733,049 1,733.049 2.118,201 (385.152) Disability insurance 107,082 107,082 102.269 4.813 Vacation 15,000 15,000 15,000 Sick leave 426,111 426.111 334,784 91,327 Unemployment compensation 5.000 5,000 5,000 Workers compensation 1,220,420 1.220,420 473,370 747.050 Subtotal. Personal services 16.885,225 17,035,225 15,850.834 1,184,391 The accompanying notes are an integral part of this statement. 161 1 AI NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 49 of 59 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND - DETAILED STATEMENT (CONTINUED) Year Ended September 30, 2006 General Fund Variance Original Final Favorable Operating expenditures: Budget Budget Actual (Unfavorable) Insurance 179,000 179,000 185.504 (6.504) Uniforms 90.522 90.522 112,180 (21.658) Communications 88,250 88,250 78,022 10,228 Telephone 174,677 174.677 121.921 52,756 Utilities 154,000 154.000 148,750 5,250 Maintenance Vehicle 564.900 564,900 470.695 94,205 Equipment 49.463 49,463 31,463 18,000 Computer 181,425 181.425 173.636 7.789 Hydrant 29,231 29,231 38.587 (9,356) Building 346.199 346.199 241.960 104.239 Supplies Office 42,304 42,304 40,496 1.808 Protective gear 30,500 30,500 68.968 (38,468) Station 47,400 47,400 40.200 7,200 Emergency medical 95,415 95.415 55.938 39.477 Hurricane/emergency 10,000 10,000 18,358 (8,358) Equipment Office 53,689 53,689 39,184 14,505 Fire 82.950 82.950 157,290 (74.340) Shop 12.800 12.800 8,297 4.503 Professional and other fees Legal and professional 414.000 414.000 515,229 (10 1 ,229) Property appraiser fees 174,000 174.000 159.425 14,575 Tax collector fees 419,461 419.461 426,287 (6,826) Special assessment fee 1,881 (1.881) Accounting 75.000 75,000 52,187 22.813 Miscellaneous Travel 50.000 50,000 74,216 (24,216) Water/sewer fee St 44 7.000 7.000 7.000 Public information officer 12,820 12,820 1.975 10.845 Public education officer 31,544 31.544 23.293 8,251 Fuel and oil 210.350 210,350 178.469 31,881 Employee physicals 130.231 130,231 90.251 39,980 Dues and subscriptions 9,413 9,413 10,449 (1.036) Prefire plan 1.000 1.000 1,000 CERT team 28,795 28.795 15,468 13,327 Dive team 15,943 15.943 20.964 (5.021) Fire prevention 25.610 25.610 27.095 (1,485) Training 151.960 151.960 90.881 61.079 Hazardous materials 39.500 39.500 22.973 16,527 Technical rescue 48,680 48.680 35.452 13.228 Boat team 14,281 14,281 3,764 10,517 K-9 search and rescue 3,300 3,300 1.849 1,451 Honor guard 3,223 3.223 3,223 PETe 2.000 2.000 2,000 SOS program 538 538 525 13 Shop lease 64.800 64.800 61.392 3.408 Miscellaneous 30.000 30,000 14.097 15.903 Operational Reserves Contingency 50,000 50,000 50.000 Subtotal- Operating expenditures ~.246,174 4,246,174 3.859.571 386.603 The accompanying notes are an integral part of this statement. 16 I 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 50 of 59 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND - DETAILED STATEMENT (CONTINUED) Year Ended September 30, 2006 General Fund Variance Original Final Favorable Capital outlay: Budget Budget Actual (Unfavorable) Land 257.000 256.463 537 Station improvements 439,000 439,000 191,158 247.842 Vehicles 143,717 178.717 188.776 (10,059) Fire & rescue equipment 127,200 127,200 131.892 (4,692) Protective gear 70.000 70,000 81.820 (11.820) Communication equipment 35.600 35,600 77,446 (41.846) Office equipment 26.835 26,835 1.599 25,236 Boat team 160.350 160,350 180,264 (19,914) Training-operations 57,500 57.500 48,480 9.020 Vehicle computers 30,000 30.000 30,626 (626) CERT equipment 3,000 3,000 3.000 Shop equipment 15,000 15.000 13,186 1,814 Station equipment 11,952 (11.952) Hazardous materials equip. 4,000 4.000 4,000 Technical rescue 15,800 15.800 4,397 11,403 Computers 84.000 84,000 27.044 56,956 Dive team 77.800 77,800 22,826 54,974 Expansionlrelocation- admin. Hd 300,000 300,000 300,000 Medical equipment 181,548 181,548 174,178 7,370 Fire apparatus 6,503 (6,503) Fire prevention 14,357 (14,357) Subtotal- Capital outlay 1.771.350 2,063,350 1.462.967 600,383 DEBT SERVICE Principal reduction 98,797 98,797 98.977 (180) Interest and fiscal charges 34.491 34,491 34,311 180 TOTAL EXPENDITURES 23,036.037 23.478.037 21,306,660 2,171.377 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (1,605,733) (2,047.733) 1,526,137 3,573.870 OTHER FINANCING SOURCES Proceeds from debt EXCESS OF REVENUES AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES (1,605,733) (2.047,733) 1,526,137 3.573.870 FUND BALANCE - Beginning 1.605,733 2,047,733 6,704.566 4,656,833 FUND BALANCE - Ending $ $ $ 8.230,703 $ 8,230,703 The accompanying notes are an integral part of this statement. 161 1 A \ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - IMP ACT FEE FUND - SUMMARY STATEMENT Year Ended September 30, 2006 Page 51 of 59 Impact Fee Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable) REVENUES Fees: Impact fees $ 1.290.945 $ 1.290.945 $ 3.655,494 $ 2,364.549 Miscellaneous: Interest 12,000 12,000 51.005 39,005 TOTAL REVENUES 1,302,945 1,302,945 3,706,499 2,403.554 EXPENDITURES Current Public safety Operating expenditures 25.000 25.000 17,089 7,911 Capital outlay 3,033,000 4,478,000 3.689,410 788.590 TOTAL EXPENDITURES 3.058,000 4,503.000 3,706,499 796,501 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (1,755,055) (3,200,055) 3,200,055 FUND BALANCE - Beginning 1,755,055 3,200.055 (3,200,055) FUND BALANCE - Ending $ - $ - $ - $ The accompanying notes are an integral part of this statement. 161 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL IMPACT FEE FUND - DETAILED STATEMENT Year Ended September 30, 2006 Page 52 of 59 Impact Fee Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable ) REVENUES Fees: Impact fees $ 1,290,945 $ 1.290,945 $ 3.655,494 $ 2,364.549 Miscellaneous: Interest 12.000 12,000 51.005 39,005 TOTAL REVENUES 1,302.945 1,302.945 3,706,499 2.403,554 EXPENDITURES Miscellaneous Impact fee collection 25,000 25.000 17.089 7.911 Subtotal - Operating expenditures 25,000 25,000 17.089 7.911 Capital outlay: Station 49 land 2,000.000 3,445.000 3,364.093 80.907 Station 48 Engineering 100,000 100,000 115.120 (15.120) Protective gear 19,000 19,000 35,525 (16,525) Office - equipment 37,000 37,000 8,679 28,321 Station 49 temp. facility 150.000 150,000 1,800 148.200 Admin. Headquarters 510.000 510.000 510.000 Emergency signal 135.000 135,000 135,000 New trucks and equipment 48,219 (48,219) Vehicles 82,000 82.000 115,974 (33,974) Subtotal - Capital outlay 3.033.000 4,478,000 3,689,410 788,590 TOTAL EXPENDITURES 3,058.000 4,503.000 3,706.499 796.501 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (1,755,055) (3,200,055) 3.200.055 FUND BALANCE - Beginning 1,755,055 3,200.055 (3.200,055) FUND BALANCE - Ending $ - $ $ - $ The accompanying notes are an integral part of this statement. 1 A \ 161 1 A\ NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - INSPECTION FEE FUND - SUMMARY STATEMENT Year Ended September 30, 2006 Page 53 of 59 Inspection Fee Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable) REVENUES Charges for services 700,000 700.000 902,115 202,115 Miscellaneous: Interest 10,000 10,000 16,339 6.339 TOTAL REVENUES 710.000 710,000 918.454 208,454 EXPENDITURES Current Public safety Personal services 705,803 825,803 809,286 16,517 Operating expenditures 68,560 68.560 41,562 26,998 Capital outlay TOTAL EXPENDITURES 774,363 894.363 850.848 43.515 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (64,363) (184.363) 67,606 251.969 FUND BALANCE - Beginning 64,363 184,363 499,789 315,426 FUND BALANCE - Ending $ - $ - $ 567,395 $ 567,395 The accompanying notes are an integral part of this statement. 161 1 AI NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 54 of 59 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL INSPECTION FEE FUND - DETAILED STATEMENT Year Ended September 30, 2006 Inspection Fee Fund Variance Original Final Favorable Budget Budget Actual (Unfavorable) REVENUES Fees: Inspection fees $ 700.000 $ 700,000 $ 902,115 $ 202,115 Miscellaneous: Interest 10.000 10.000 16.339 6.339 TOTAL REVENUES 710,000 710,000 918,454 208.454 EXPENDITURES Current Public safety Personal services: Salaries Regular 410,895 465.895 457,951 7.944 Overtime 20,000 30.000 26.347 3.653 Incentives and holiday pay 2,400 2,400 3,200 (800) Payroll taxes Social Security 35,663 35,663 37,921 (2.258) Benefits Retirement 91.752 116,752 113,770 2.982 Health insurance 72.870 102,870 103.245 (375) Disability insurance 5,340 5.340 6.581 (1.241) Vacation Sick leave 17.885 17.885 8,206 9.679 Unemployment compensation Workers compensation 48,998 48.998 52,065 (3.067) Subtotal - Personal services 705,803 825.803 809.286 16,517 The accompanying notes are an integral part of this statement. 161 lAI NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT Page 55 of 59 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - INSPECTION FEE FUND - DETAILED STATEMENT (CONTINUED) Year Ended September 30, 2006 Inspection Fee Fund Variance Original Final Favorable Operating expenditures: Budget Budget Actual (Unfavorable) Uniforms 1,800 1,800 1,800 Telephone 16.01l 16.011 6.227 9,784 Utilities 10,000 10,000 9.781 219 Maintenance Contract labor Hydrant Supplies Office 4.190 4.190 246 3.944 Miscellaneous Employee physicals 3,123 3.123 3.123 Dues & subscriptions 337 337 337 Fire prevention 23,099 23,099 23,150 (51) Training 10,000 10,000 2,158 7,842 Miscellaneous Subtotal - Operating expenditures 68.560 68.560 41,562 26,998 Capital outlay: Laptop computers Subtotal- Capital outlay DEBT SERVICE Principal reduction Interest and fiscal charges TOTAL EXPENDITURES 774,363 894.363 850.848 43.515 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (64,363) (184,363) 67,606 251.969 FUND BALANCE - Beginning 64.363 184.363 499,789 315,426 FUND BALANCE - Ending $ $ $ 567.395 $ 567.395 The accompanying notes are an integral part of this statement. ADDITIONAL REPORTS OF INDEPENDENT AUDITOR 161 1 A \ STROEMER TUSCAN & COMPANY, PA 161 1 A \ Affiliations Florida Institute of Certified Public Accountants CERTIFIED PUBLIC ACCOUNTANTS / CONSULTANTS American Institute of Certified IJubJic Accountants Management Consulting Services Division Private Companies Practice Section Tax Division Page 56 of 59 INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF BASIC FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Commissioners North Naples Fire Control and Rescue District 1885 Veterans Park Drive Naples, Florida 34109-0492 We have audited the basic financial statements of North Naples Fire Control and Rescue District ("the District") as of and for the year ended September 30, 2006, and have issued our report thereon dated March 20, 2007. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered North Naples Fire Control and Rescue District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the basic financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the basic financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we considered to be a material weakness. However, we noted other matters involving the internal control over financial reporting that we have reported to the management of North Naples Fire Control and Rescue District in our Report to Management dated March 20, 2007. INTEGRITY. . .KNOWLEDCF. . .SER VICE.. .COMMlTMENT __ 8911] CONFERENCE DRIVE SUITE 2. PORT MYERS, FL :1:1919 Phone (239) 433" \002 . fax (2::19) 433-0249 \\'EH SITE: STCPAS.BIZ 1640 PERIWINKLE WAY SUITE 4. SANIHEL, H. 33957 Phone (239) 395-5325 . fax (239) 395-239h 16/ 1 A I Page 57 of 59 Compliance and Other Matters As part of obtaining reasonable assurance about whether North Naples Fire Control and Rescue District's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, noncompliance with which could have a direct and material effect on the determination of basic financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. However, we noted certain other instances of noncompliance that we have reported to the management of North Naples Fire Control and Rescue District in our Report to Management dated March 20, 2007. This report is intended solely for the information and use of the Board of Commissioners, management, the Auditor General of the State of Florida and other federal and state audit agencies. This report is not intended to be used, and should not be used, by anyone other than these specified parties. ~ ~ Ft-I"'O'?.l STROEMER TUSCAN & COMPANY, P.A. Fort Myers, Florida March 20, 2007 STROEMER TUSCAN & COMPANY, PA 161 lA\ Affiliations Florida Institute of Certilied Public Accountants CERTIFIED PUBLIC ACCOUNTANTS / CONSULTANTS American Institute of Certified I"Ublic Accountants Management COl1suhinp: Services Division Private Companies Practice Section Tax Division Page 58 of 59 INDEPENDENT AUDITOR'S REPORT TO MANAGEMENT Board of Commissioners North Naples Fire Control and Rescue District 1885 Veterans Park Drive Naples, Florida 34109-0492 We have audited the basic financial statements of the North Naples Fire Control and Rescue District (the "District") as of and for the fiscal year ended September 30, 2006 and have issued our report thereon dated March 20,2007. In connection with our audit, we are submitting the following comments and recommendations in accordance with Chapter 10.550 "Rules of the Auditor General - Local Governmental Entity Audits" (Revised September 30, 2006) Rule 10.557(3) and Section 218.39(4), of the Florida Statutes. PRIOR YEAR COMMENTS THAT CONTINUE TO APPLY: None: Prior year comments not repeated appear to have been resolved. CURRENT YEAR COMMENTS: I. District Should Strengthen Controls Over Travel Expenditures During our audit for the year ended September 30, 2006, we tested reimbursements of travel expenditures. Of the twenty-five (25) reimbursements selected, we noted that one (I) reimbursement form did not contain a description of the purpose of the travel, six (6) of the reimbursement forms indicated that meals were incorrectly reimbursed based upon the hours of departure and return, and one (I) form did not contain the hour of departure and return, therefore we were not able to determine the allowability of the meals reimbursement. We recommend the District reimburse expenditures for travel only upon the receipt of a fully completed voucher for reimbursement of travel expenditures form as required by Chapter 112.061, Florida Statutes. We also recommend the District review all travel reimbursement voucher forms to determine the allowability ofthe expenditure. INTlGRITY.". .KNOWLEDGE." . .SFRVICE.... .COMMITMENT ~_ S9fJI CONFERENCE DRIVE SUITE 2. FORT MYERS. FLJ3919 Phone (239) 433-1002 . Fax (219) 433-{)24Y V.'EB SITE: STCPAS.HIZ IMO PERIWINKLE WAY SUITE 4. SANIHEL FL 3J957 Phone (239) 395-5325. Fax (23\)) 395-23% 161 tAl Page 59 of 59 We have included in this letter all comments which came to our attention during the course of our audit regarding Items I through 6, as applicable, of the "Rules of the Auditor General-Local Governmental Entity Audits," Rule 10.554, Section (l)(h). In regard to Item 2, we represent that the North Naples Fire Control and Rescue District has complied with Florida Statute 218.415 regarding investment of public funds. In regard to Item 6( a), nothing came to our attention to cause us to believe that at any time during the year the North Naples Fire Control and Rescue District met any of the criteria for being in a state of financial emergency as defined in Florida Statute 218.503(1). In regard to item 6( c)(l), we applied financial condition assessment procedures pursuant to Rule 10.556(7) and noted no indications of deteriorating financial conditions, as defined by Statute. As such, we do not believe the District to be in a state of financial emergency as a consequence of conditions described in Section 218.503(1), of the Florida Statutes. Additionally, in regard to Item 6(b), we represent that the financial report filed with the Department of Financial Services, pursuant to Florida Statute 218.32(l)(a), is in agreement with the annual financial audit report for the same period. This report is intended solely for the information and use of the Board of Commissioners, management, the Auditor General of the State of Florida and other federal and state audit agencies. This report is not intended to be, and should not be, used by anyone other than these specified parties. ~ tL- f !~fU' >.11. STROEMER TUSCAN & COMPANY, P.A. Fort Myers, Florida March 20, 2007 16~ EXHIBIT 1 A \ J. Christopher Lombardo, Chairman Margaret Hanson, Vice Chairman Paul J. Moriarty, Sr. Treasurer James Quigley, Commissioner John O. McGowan, Commissioner 161 lA\ 1885 Veterans Park Drive Naples, FL 34109 (239) 597-3222 Fax (239) 597-7082 North Naples Fire Control and Rescue District April 12, 2007 Auditor General's Office Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 The following is management's response to the audit report for the fiscal year 2005/2006: CURRENT YEAR COMMENTS: I. District Should Strengthen Controls Over Travel Expenditures During the course ofthe 2005/2006 audit field work, twenty-five (25) travel reimbursement forms were tested, and eight (8) errors were identified, six of which dealt with the reimbursement for breakfast. The errors identified were payment for breakfast when the hour of departure was either 7:00 a.m. or 8:00 a.m., rather than the time of 6:00 a.m. as identified in the District's Travel and Per Diem Reimbursement Policy. On April I 0,2007, a Memo was sent out to all personnel clarifying the criteria for meal reimbursement, including hours of departure and return. Additional direction was given regarding the completion of the State Travel Voucher Reimbursement forms. In addition to this Memo, on April II ,2007, a Memo was distributed to all Chief Officers directing that, prior to signing approval on the State Travel Voucher form, all departure and return times must be checked to insure proper meal reimbursement has been requested. The Accounts Payable/Receivable Accountant has also been given direction to confirm Auditor General's Office April 12,2007 Page Two 161 1 A I supervisor signature on all forms prior to issuance of a reimbursement check. All State Travel Voucher forms will be reviewed on a monthly basis to insure accuracy. Sincerely, NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT r?J TY,SR. of Fire Commi sioners PAUL J. MO Treasurer, Bo -~-~-~ \ ~ ~ ~;:;~~{ C- ..... ";-~\ MICHAEL L. BROWN Fire Chief BJPlbp , . . "'~": I :'~;C; " !'~N .....". .(- f~1~f:;-::~'.~ ,~ .-'. . '. ~: : o ~ ~ ,;;:';~:7'::.':""'-- '. ~-f~~.:~~*Y '::':";...'=-''': '.....r'~tl li~btiis ! i- -~ :.- . :-_' I.:... >r."'~ -"'11- '_J"' ,~-;~:t~~~; ~ i' '.~~..~ '~~:~~} ".;;.:>,-:-;~; .-. '.,..,~ -, (. I-;j;.~:;. ,;-- m=-:-"-~ ; .~~ ~...-.. ~"- 161 1 A \ . ~-~- " _ ~. '.~ -~~:~ _ '~-~,,:;i__ .. .. . -"-~~ f -+::a .... .. . ~ . ~.~ ~~' .~.., -"~'hh.' r . . ~~, .U"1. <i9.~;' f':..;l ~ '""9' . ..-.....'r-'o . " 00 - ...... -:~c:~'>\~t. ::,,'S-:,:--, - <. ~i 1\), ._, h' --- ..- ""-: -- ~.... ~_'I-~~~ ;.... (.1 , .'O""J ~. -'''; ~ .-",.-- -' ';.~'-.- -' :'-"""""', :-_N ----=_:~. , ':-. =-J.. f :~:T'-,} ~ I ~.. , , . co-.. -..! ....;-.; '-> " i~ :~. ~ (.0 ~ ........--,.., ~ ' .--"":.,~-" ..-...... , . -,~..a "'!-' -~: . -. ......____; ;:'~.:1.,~~... :..,.,,; :_::--"::_--~' . ""CJ:1r' l~ ;.:..; " ',~..... '" .:;:;\"~_n h_ " ---', '" '00' -~: ",,::J ,:'~. C."::' :',~-. hi . :-',.- - '::........ ~2-:- --,' "; '. c _ ' l N (.0 ~ r--.J . . ..' ,f. .~:.W~_. :.~;:T:-;-:-;>~\ ~-..,;:-~::':::'-:,",L N W N -~--c.....- r--jN -;-e.: l ~."'-""~ , , l'-..) '-'J . U"1 '-'-> L'~"~~ . '" :.~4:\lS"'r-~ .t~~ '-::~:r~~~ . _ ...:.. ..:.._-r~"'~.-/': ~,~"~~--~~~~.:=<t~;~ ~.pkj~ I -.~ ._.~,_ .'"'-......~~ . \~;':' ;~)\~ T~~1 - s:.: ,--'.. ~ C';) ~."'~~ -~" , i' , . . :'~!:-: "00.- r'- ,", '.C ~-I '-'-> (.0 ,- "'~ w +=- -~ . "- ~ ~.'" ~ O".l . ,... . -~,Jjr-j.;; - f..n~ ~~ ~} :;. ~(i~ tJ:'1 ~v :i ;1 > .1 ~':'"l ,"v U"1 '.:.j:::a ..;:::. i ,__ 'J I 'J ./ -~'~ r:.._ __ I _ _--:.'_~ ~:~~\!., ,,-', ,--"'<1-';:' '__, . _,' -"'-".- .--: t . ..--- . i --8-- ..(;;;;,. -~ <..0 ,. ~.,:~ 6"'- "J --0. 0 ~ DO 0t u---. co .>~: ':00' ~ :::---... U1 - C':l ; l i" u; -.J I)-- ~ o ~ ~ ----/",-) North Naples Fire District Stations 16 Iii. \ . *t- st.42 o<:h Rd 5ct ~t MIll \ h " I~ o Pine Ridge' Gol~lIn Gate B'iV~ W '" in. !Mgoe Rd En :!J ". .a z in c .. '" 0"' ..J~ ;? . OJ . <T ~ .. ED 'c ... Green Blvd ~ = 188~1, o The MloriotIs .' if" '"! .i;'i,,, I!I Radio Rd _m004 N\i\>TEQ . JPH:las 8-28-0: 9-15-07 lPH:ias 161 1 A ( SPECIAL OlSTRICT REPORTL\G ",'~'~'~un,. l.'~C) l' n, ~r' ['-1..~-j1 ';':::1' ~i'l..c.' '-.::0-' .....-':\.. rl.-."r -"":1-.h -J~i"';'ll {-.li~1""rl"r 'n, thJ"tJ.'~ _J__~. ,_l ').- -+_~ ',-', ,w. J._ _,-~~,-::J. ....'-j_..'-_j ~'"U~ ...............L ~ ........( ,......,)_ ...._ Ll Ll'-:) ~'- ~'::>-:1rJ'~ 1 "'--"'J: -'~~"'-"'j ""'::"'---:"'-'l 1~ ~1 ,..-'>-~; "1""..::....-'>.-4 ~y.::..['t 1'" ~ ....-l;~ t~. 'In-')~l'l')n \\;rh '~'-)-=' '-'- - '-'-::-')-'-'- l~,_l'..,- l,U '-'s~)L'-l'-U .....:='-, .LU L l.... .l') I.~Llll.' ~ \ ,~.~ .~, D~r'~''''P''l" "'L"'~-r"r;"' \t't~l:"' ,~~ ,~~ '1,"0: n'~~'l"l'J 1'''~ 'r"\ ('I!:~r -...... '-I---u., ",'"'-,,_ Ll L'dd,.,.....,~_\ _~ J.) ..1,.u .L,,_ ul........., ~\..J~'-'lL, .L:"" ," WlLIV J.~. V,l... , . ~., ~ (~.'l'''l'' B."-~ y.l~)"lr\ (.mm ..I.on~". \ "l"hJ nu~':n r~':r:.'~r~d apnr and ,-v I..~L~. V~"U.l ~ L'...J.llww L:,..~ ..),) l~_l). '-1,." 1..[, ~....) lL ....=~)l...,'- ="'. It "'::'-Y:-1""J.-::::Il-J ,\'-'~I~-'I,.,...".r ~--" r":::>''"llrr-'''~ t,." ~;....~ 1~-"l':;) rI.I. ....,..,,-"'d.I)"-::1I....,'.....,~. ,-=:_,)L'-l'WU. vl~...."- "<'~)_ ~'- l...~l.~.~_u v C...'_ vl.......... II LU...' =,'-l'''' .....~. [ ~'.c>~ -,,,,1.,; \. I-"'~-"'n" \:.'-~-'" 1-"" :;)~ . n1"".......d.d--./.-.:>-- r~-' ....." "",~ l'. 1_[1,- )OJ.I......... ,-,C:lJJT, CL.....:l.,)..... l,lO, l,--,,- Ul.......lJr:-_.....t li.alll'" 11. a ur....:)::, o~ \our 1.'...LIT.....n~ , ,r ~ :'"-::1I,31-".-::1Iro::.'-1 a'''''''''''nr L'-::;-.)I...... I,.,U s.....,'~ orSTRlCT ''-.-\\IE '\orth '\l;:)'=S Fire (octroi & Res':l..e Dlstri.:[ REGIS TERED .-\GE'.T fire Chief (V\1c..t-...L L,brOVltJ REGISTERED OfflCE ~88:5 Veterans Park Dri\= '\aoles fL 3..( I 09 [~ d-iit; . ...,1""" ~"",...,,... ,.--J.:;, ~h-::1l 1".:;,l~ h,,;;, '-'1'.' ... ;\ 'r-'::' '~t~ ~d' 'J'::' r' l; J. L... :un. :-L..3..::J..... r--"')" LI..I.... ~ l,- ~... ,-,p ,on..... L....l.moe. o~ .IOU. r""gb .....r.... a="",rL. PHO'.c '.1..\!BER. "9 -9: ~.", (.;...J )) . -.J___ [n i; 'a'~ \'o"r -1; "'-;", -'.I'u' I ~~"'~"'j~.., "rl '~d~"'~na' ~n') b' mor" 'In'' and X j n th~ .u.~.....' 1...'-.. ...... \..I.l)I...L,.....w::,.,)1... 'w ..)_u.....t-'........ ...,:L v ~L ....!:-.....l ... ~ ~... ;.L K. =- l .: .1. 4 .... appropriate space. (See sectIon I S9.-+03. Florida SUtutes. for definitIons I DEPE'.DE'\T l'.1JEPE'.DE\,T x [[the a:cuallo.:a:ior\ of~our spe':lal district ofti.:e IS different from th.It of your -~J;.t~r~~ a;pn' o-o"ld~ rh~ d'["r;'t'. bU"I~~-- ad-1r~-- l'n th~ ''''a-~ b~lo'I' l,-:-.,j ..... ,-U ~'- ,~. l '" I., ~ ,,- :)L l\"-:' .,) d....::,,) , L.. ....~:) l. l""':)~ 1....... ..... ". ..... ..... c ;. Pl=lse retum this forn. to tn= address belolv: Derek fobssen, Genec:al .-\c:oumi:1g \[.Inager (I ~r'K ,t' "n~ C'lr',,:r Cou'rt F'l~an -~ D~nartm~n' l....~ c ~ t.... '-......~ 'y II ,......'-. ......~' ..~, :.....ll'. Court Plaza [[I 26~ l-\qiOrt RO.Id So,~:h ,- . FL' , I " "'ltJl~5. J-+;!._ 161 lA) North Naples Fire Control & Rescue District Board of Fire Commissioners 2007/2008 Meeting Schedule Thursday October 11, 2007 9:00 AM Thursday November 8, 2007 9:00 AM Thursday December 13, 2007 9:00 AM Thursday January 10, 2008 9:00 AM Thursday February 14, 2008 9:00 AM Thursday March 13, 2008 9:00 AM Thursday April 1 0, 2008 9:00 AM Thursday May 15, 2008 9:00 AM Thursday June 12, 2008 9:00 AM Thursday July 10, 2008 , 9:00 AM Thursday August 14, 2008 9:00 AM Thursday September 11, 2008 9:00 AM /bek 8-l5-07/ mh 9/24/07 FACILITY NAME ADDRESS DESCRIPTION CAPACITY: LAND SIZE: BUILDING SIZE: HOSE TOWER PROPERTY TOTAL Facilitv Record- Station 40 North Naples Fire Control & Rescue Dislrict STATION 40 1441 Pine Ridge Road, Naples, FL 34109 Fire Station 1.05 acres Date Updated: 8/28/07 DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: CBS CBS LIVING QUARTERS: GARAGE: WORK AREA: OFFICE: STORAGE: SQ FT: SQ.FT: SQ.FT: APPARATUS AND EOUIPMENT ENGINES: PUMPERS: HOSE: TANKERS: BRUSH: WOODS: ANTIQUE TOTAL APPARATUS: 2 STAFFING SHIFT CAPTAIN: LIEUTENANT: ENGINEERS: FIRE FIGHTERS: TOTAL STAFF: SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: I o o LADDERS: SQUAD: UTILITY : o o o o COMMAND: STAFF: FIRE PREVENTION 1 5 6 12 24 10 Sq Miles Urban 14,000 2,300 6.00 Minutes lPH:las 8-28-0: 9-15-07 lPH:las 3,257 3,915 600 1,750 320 9,842 184 10,026 1 o o o o ADMINISTRATION 161 lA , 8/28/2007 CLERICAL 161 1 A\ Facilitv Record- Station 42 North Naples Fire Control & Rescue District FACILITY NAME ADDRESS STATION 42 Date Updated: 7010 Immokalee Rd., Naples, FL 34119 8/28/2007 DESCRIPTION CAPACITY: LAND SIZE: Fire Station DEMAND: Emergency Response Fire & Rescue 1.29 acres CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: GARAGE: WORK AREA: OFFICE: STORAGE: 3,228 3,638 91 91 125 TOTAL SQ FT: 7,173 APPARATUS AND EQUIPMENT ENGINES: PUMPERS: HOSE: 1 o o LADDERS: SUPPORT: UTILITY: o o 1 TANKERS: o BRUSH: WOODS 1 o COMMAND: STAFF: o o TOTAL APPARATUS: 3 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LI EUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 6 TOTAL STAFF: 12 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 20 Sq Miles Urban 9.000 1,252 6.00 Minutes lPH:las 8.:'8.0: 9-15.07 lPH:las 161 lAI Facilitv Record- Station 43 North Naples Fire Control & Rescue District FACILITY NAME ADDRESS STATION 43 Date Updated: 16325 Vanderbilt Dr.. Bonita Springs, FL 34134 8/28/2007 DESCRIPTION CAPACITY: LAND SIZE: Fire Station DEMAND: Emergency Response Fire & Rescue 1.26 acres CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS GARAGE: WORK AREA: OFFICE: STORAGE: 3.233 2.820 524 104 952 TOTAL SQ FT 7,633 APPARATUS AND EQUIPMENT ENGINES: PUMPERS: HOSE: TANKERS: 1 LADDERS: 0 SUPPORT: 0 UTILITY: 0 BOAT: 0 COMMAND: 0 STAFF: 4 1 o 1 1 BRUSH: WOODS: o o TOTAL APPARATUS: STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 6 TOTAL STAFF: 12 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 12 Sq Miles Urban 10,000 1,250 6.00 Minutes lPH:las 8.28.0: 9.15.07 lPH:las Facilitv Record- Station 44 North Naples Fire Control & Rescue District FACILITY NAME ADDRESS STATION 44 Date Updated: 8970 Hammock Oak Dr.. Naples, FL 34108 8/28/2007 DESCRIPTION CAPACITY: LAND SIZE: Fire Station DEMAND: Emergency Response Fire & Rescue NJA CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: GARAGE: WORK AREA: OFFICE: STORAGE: 5,976 3,744 249 359 458 TOTAL SQ FT: 10,786 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: 1 PUMPERS: 0 SUPPORT: 1 HOSE: 0 UTILITY: 1 TANKERS: 0 SQUAD: 0 BRUSH: 1 COMMAND: 0 WOODS: 0 STAFF: 0 BOAT: 1 ATC: 1 TOTAL APPARATUS: 7 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 5 ENGINEERS: 6 FIRE FIGHTERS: 12 TOTAL STAFF: 24 SERVICE AREA AREA SIZE: 7 Sq Miles AREA TYPE: Urban AREA POPULATION: 19,200 CALLS PER YEAR: 2.172 AVERAGE RESPONSE TIME: 6.00 Minutes IPH:las 8-28-0: 9-15-07 IPH:las 161 1 II' FACILITY NAME ADDRESS DESCRIPTION CAPACITY: lAND SIZE: BUilDING SIZE TRAIN TOWER: GENERAL BUilDING: PROPERTY TOTAL 16 lAI Facilitv Record- Station 45 North Naples Fire Control & Rescue District STATION 45 Date Updated: 1885 VETERANS PARK DR.. NAPLES. Fl 34109 8/28/2007 Fire Station DEMAND: Emergency Response Fire & Rescue 6.9 acres CONSTRUCTION TYPE: CBS LIVING OUARTERS: GARAGE: RESIDENTIAL: ASSEMBLY SO FT: 22.782 SO. FT: SO. FT: SO. FT: 2.332 308 25.422 APPARATUS AND EQUIPMENT ENGINES: UTiLITY: TRAilER: PUMPER TOTAL APPARATUS: STAFFING SHIFT BA T.CHIEF CAPTAIN: LIEUTENANT: ENGINEERS: FIRE FIGHTERS: TOTAL STAFF: SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CAllS PER YEAR: 1 SRU: 4 1 TRAINING VEHICLE: 6 9 FPB: 14 1 COMMAND: 9 PIO: 1 46 FIRE PREVENTION ADMINISTRATION CLERICAL 3 1 FIRE MARSHAll 1 CHIEF 1 BOOKEEPER 2 2 CAPTAIN 2 ASST. CHIEF 3 CLERICAL 5 6 INSPECTOR 10 DEPUTY CHIEF 5 15 BAT. CHIEF 2 CAPTAIN 5 LIEUTENANT 0 PUBLIC INFOR. 1 OFFICE MGR. 1 I.T 1 MAPS 1 67 8 Sq Miles Urban 21.000 1.488 lPH:las 8-28-0: 9-15-07 lPH:las Facilitv Record- Station 46 North Naples Fire Control & Rescue District 161. 1 A 1 FACILITY NAME ADDRESS STATION 46 3410 Pine Ridge Rd. Date Updated: 8/28/07 DESCRIPTION CAPACITY: LAND SIZE: Fire Station DEMAND: Emergency Response Fire & Rescue 4.25 Acres CONSTRUCTION TYPE: CBS BUILDING SIZE: Living Quarters Garage Work Area Office Storage 3,088 2,628 399 96 324 Total SQ.FT: 6,535 APPARATUS AND EQUIPMENT Engines: Ladder (reserve) Brush: TOTAL APPARATUS: 3 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 6 TOTAL STAFF: 12 SERVICE AREA AREA SIZE: 8 Sq Miles AREA TYPE: Urban AREA POPULATION: 14.000 CALLS PER YEAR: 1,429 AVERAGE RESPONSE TIME: 6.00 Minutes TOTAL POPULATION OF DISTRICT 93,400 lPH:las 8-18-0; 9-15-07 lPH:las 161 1 r\ f. Facilitv Record- Station 47 North Naples Fire Control & Rescue District FACILITY NAME ADDRESS STATION 47 2795 N. Airport-Pulling Rd. Date Updated: 8/28/2007 DESCRIPTION CAPACITY: LAND SIZE: Fire Station DEMAND: Emergency Response Fire & Rescue 1.5 acres' CONSTRUCTION TYPE CBS BUilDING SIZE: Living Quarters Garage Work Area Office Storage Total SQ.FT: 4,357 3,720 650 392 388 9,507 APPARATUS AND EQUIPMENT Engines: 1 TOTAL APPARATUS STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LI EUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS 6 TOTAL STAFF: 12 SERVICE AREA AREA SIZE: 5 Sq Miles AREA TYPE: Urban AREA POPULATION: 6.000 CAllS PER YEAR: 1,200 est. AVERAGE RESPONSE TIME: 6 Minutes est. TOTAL POPULATION OF DISTRICT 93,400 lPH:las 8-e8-0; 9-15-07 lPH:las 16 lA 1 Facilitv Record- Station 48 North Naples Fire Control & Rescue District FACILITY NAME ADDRESS STATION 48 Livingston Rd. Date Updated: 8/28/07 DESCRIPTION CAPACITY: LAND SIZE: Fire Station 3.28 acres DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: BUILDING SIZE RESIDENTIAL STORAGE: TOTAL SQUARE FT: APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS: STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: LIEUTENANT: ENGINEERS: FIRE FIGHTERS TOTAL STAFF: SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION CALLS PER YEAR: AVERAGE RESPONSE TIME: 5 Sq Miles Urban 6,000 1,200 est. 6 Minutes est. TOTAL POPULATION OF DISTRICT 93,400 IPH:las 8-28-0: 9-15-07 IPH:las 161 1 Al Facilitv Record- Station 49 North Naples Fire Control & Rescue District FACILITY NAME ADDRESS STATION 49 Nursery Ln. Date Updated: 08/28/07 DESCRIPTION CAPACITY: LAND SIZE: Fire Station 14.07 acres DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: BUILDING SIZE RESIDENTIAL STORAGE: TOTAL SQUARE FT: APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS: STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: LIEUTENANT: ENGINEERS: FIRE FIGHTERS: TOTAL STAFF SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 5 Sq Miles Urban 6,000 1 ,200 est. 6 Minutes est. TOTAL POPULATION OF DISTRICT 93,400 JPH:las 8-28-0: 9-15-07 JPH:las Facilitv Record- Station 410 North Naples Fire Control & Rescue District FACILITY NAME ADDRESS STATION 410 Date Updated: 08/28/07 1121 Sun Century Rd. DESCRIPTION CAPACITY: LAND SIZE: 16 lA\ Fire Station DEMAND: Emergency Response Fire & Rescue 1.6 acres CONSTRUCTION TYPE: STEEL BUILDING SIZE: TOTAL SQUARE FT: 10,523 APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS: STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CAPTAIN: LIEUTENANT: ENGINEERS: FIRE FIGHTERS: TOTAL STAFF o SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 5 Sq Miles Urban 6,000 1 ,200 est. 6 Minutes est. TOTAL POPULATION OF DISTRICT 93,400 lPH:las 8-28-0: 9-15-07 lPH:las CLERICAL 161 1 A 1 Facilitv Record- Station 411 North Naples Fire Control & Rescue District FACILITY NAME ADDRESS STATION 411 925 Oakes Blvd. Date Updated: 08/28/07 DESCRIPTION CAPACITY: LAND SIZE: Fire Station 3.66 acres DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: CBS BUILDING SIZE: TOTAL SQUARE FT: 9,507 APPARATUS AND EQUIPMENT Engines: TOTAL APPARATUS STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: LIEUTENANT ENGINEERS: FIRE FIGHTERS: TOTAL STAFF: o SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: 5 Sq Miles Urban 6,000 1 .200 est. 6 Minutes est. TOTAL POPULATION OF DISTRICT 93,400 lPH:las 8-28-0: 9-15-07 lPH:las FACILITY NAME ADDRESS DESCRIPTION LAND SIZE: BUILDING SIZE: 161 Facilitv Record- Tavlor Road Facilit'l North Naples Fire Control & Rescue District 1 A ) Taylor Rd. 6495 Taylor Rd. Date Updated: 08/28/07 Maintenance. Warehouse & Office 1.6 acres DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: CBS and Steel Building A Building B Building C TOTAL SO. FT: 3.039 6.156 9,042 18.237 APPARATUS AND EQUIPMENT Engines: 0 Support 2 Utility 3 TOTAL APPARATUS: 5 STAFFING SHIFT CAPTAIN: LIEUTENANT: ENGINEERS: FIRE FIGHTERS: TOTAL STAFF: o o o o FIRE PREVENTION ADMINISTRATION Mechanic Logistics Maintenance CLERICAL 1 1 2 4 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: N/A Urban N/A N/A N/A TOTAL POPULATION OF DISTRICT 93,400 lPH:las 8-28-0: 9- t5-07 lPH:las 16l lA) Facilitv Record- Center Lane North Naples Fire Control & Rescue District FACILITY NAME ADDRESS Center Ln. N/A Date Updated: 08/28/07 DESCRIPTION Vacant land LAND SIZE: 1.01 acres DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: N/A BUILDING SIZE: TOTAL SQ. FT: N/A APPARATUS AND EQUIPMENT TOTAL APPARATUS: o STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: LIEUTENANT: ENGINEERS: FIRE FIGHTERS: o o o o TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: N/A Urban N/A N/A N/A TOTAL POPULATION OF DISTRICT 93,400 lPH:las 8-28-0: 9-15-07 lPH:las 16 1 Al Facilitv Record- 5604 Kathleen Court North Naples Fire Control & Rescue District FACILITY NAME ADDRESS 5604 Kathleen Ct. 5604 Kathleen Ct. Date Updated: 08/28/07 DESCRIPTION Vacant Land LAND SIZE: .66 acres DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: N/A BUILDING SIZE: TOTAL SQ. FT: N/A APPARATUS AND EQUIPMENT TOTAL APPARATUS: N/A STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: N/A Urban N/A N/A N/A TOTAL POPULATION OF DISTRICT 93,400 JPH:las 8-28-0: 9-15-07 JPH:las 16' Facilitv Record- 5605 Kathleen Court North Naples Fire Control & Rescue District 1 A 1 FACILITY NAME ADDRESS 5605 Kathleen Ct. 5605 Kathleen Ct. Date Updated: 08/28/07 DESCRIPTION Vacant Land LAND SIZE: .65 acres DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: N/A BUILDING SIZE: TOTAL SQ. FT: N/A APPARATUS AND EQUIPMENT TOTAL APPARATUS: N/A STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: N/A Urban N/A N/A N/A TOTAL POPULATION OF DISTRICT 93,400 lPH:las 8-28-0: 9-15-07 lPH:las 161 Facilitv Record- 1945 Pine RidQe Road North Naples Fire Control & Rescue District 1 A' FACILITY NAME ADDRESS 1945 Pine Ridge Rd. 1945 Pine Ridge Rd. Date Updated: 08/28/07 DESCRIPTION Vacant Land LAND SIZE: 1 .78 acres DEMAND: Emergency Response Fire & Rescue CONSTRUCTION TYPE: N/A BUILDING SIZE: TOTAL SQ. FT: N/A APPARATUS AND EQUIPMENT TOTAL APPARATUS: N/A STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: N/A Urban N/A N/A N/A TOTAL POPULATION OF DISTRICT 93,400 lPH:las 8-28-0: 9-15-07 lPH:las tn "C '- o u CI) ~ ::: - .- U aJ U. - o '- aJ E E ::J CJ) ~ I I I E .- E-< , : :;r.i* * * * ~ C/) .:/'1 C/O C/O C/) C/O CI1 <u () <u <u <u () 13 'l'J .:r., 'Z' C/O = ..... ..... ..... ..... ..... ..... <u <u <u '" ::l. :::l :::l :::l :::l :::l :::l '5 ..... ..... ..... 0 0: 0: 0: 0: 0: 0: 0: :::l :::l :::l ~ .- .- .- .- .- 'Ej 0: 0: c: 0: - E E E E E 'E 'Ej 'Ej .- ~ 0: E ~ 'D ,'D 'D 'D 'D 'D 'D 'D 'D 'D 'D =! , I .. < I ! , ! , , , I , t.. I ell 00'0\ 0* 616 *1 <l.l ON OiN ~ o If) If) r- oo N 00 0: ('i"'~ 0l N ~ 7.7_ NO 00 O! .N N. N. N - N - - N - - - - ....;! ell ! ,- - - U I ! I i I I I = I 0 0 0 010 .- 0 0 0 * * * * - ell 0 0 0 0 0 .-, 0 g 0 - 0 0 0 N O. 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'U ~ ~ i !u 0: i 7 If) If) 0 0 'D 'D 7 If) If) 0\ - 1 A l z .E ~ r-- 9 vc '" ~ 00 ('1 ,0 z 2 i /~ , , / ( .Y' ,_/ lmmokalee Water & Sewer District 1020 Sanitation Road lmmokalee, Florida 34142 PHONE (239) 658-3630 FAX (239) 658-3634 Immokalee Water & Sewer District 161 1 A'Z/ August 17,2007 ~~ {)}'(-(\rr\ 0~V~ Pa~Kie Ch~irman Board of County Commissioners Collier County 3301 Tamiami Trail, East Naples, Florida 34112 ~ \ R "'1'\ '''-0 j,,-, .."C" , tA,,>.,;' ". '._~" ... Dear Ms. Mac'Kie: '",03'. ;;' .. !;:\:"',_,;,q-'i, ;i:::;':~ "~ Please find enclosed the following item: Fiscal Year 2007-2008 Budget If you have any questions, please call the office at the number above. Sincerely, /' / /L_- JNorma Ramirez Human Resources \, _,0 , " \ (f/ Mise Corres: JatejClJ--ff1Lfl L ;em # lk?~,!Lfu Visit our Web Page at: www.iw-sd.com normaramirez@iw-sdcom !lJ . . . . . . . . . . . . . . . . . . . . . . . . Ifi ,,,, \f'< y!::~ ::i;~";@t ;0';!':fi~< _.~m_...... BUDGET FISCAL YEAR ENDING SEPTEMBER 30, 2008 Adopted A ugusl I. 2007 IMMOKALEE W~TER & SEWER DISTRICT FISCAL YEAR 2008 ASSUMPTIONS: REVENUE Assumes 6% growth Assumes 5% Rate Increase January 1,2008 O&M EXPENSES ALL DEPARTMENTS Calculations for expenses use estimated increases in costs in the amount of 5%, with the following exceptions: Payroll type expenses are calculated at actual, including a]]owam:es for Schedule A raises. Merit Increases at 4% Health Insurance. Vehicle fuel, and Chemical expenses are calculated with a 10'% increase DEPARTMENT to DEPARTMENT 20 Shows reduction in Residuals Management costs due to change in process DEPARTMENT 30 Repairs & Maintenance includes contingency for $30,000 DEPARTMENT 40 Legal Services increased by an additional $500 per month. DEPARTMENT 50 Includes additonal Maintenance Tech Position DEBT SERVICE This is calculated using Rural Development schedules CAPITAL FUNDS "Other Capital & Emergency Punds" consists of 3% of projected revenue. DEPARTMENT 10 METER REPLACEMENT PROGRAM (ONGOING) UTILITY/CARGO TRAILER CROSS CONNECTION CONTROL PROGRAM & COMPUTER RANGER (1) (REPLACES TRUCK 15 & 16) (Financed) CIP# 2008-101 2008-102 2008-103 2008-104 Cost $307,143 $5,000 $4,000 $28,336 DEPARTMENT 20 TRACTOR (Pinanced) 2008-201 $29,952 GATOR 1008-202 $6,125 BACKHOE (FOR DEPT ]0,20 & 30) (Pinanced) 1008-203 $65,980 DEPARTMENT 30 LIFT STATION REPLACEMENT PARTS-ONGOING 2008-301 $28,000 RANGER (REPLACES TRUCK 31) (Financed) 2008-302 $14,168 BOOM TRUCK (Financed) 2008-303 $61,665 DEPARTMENT 40 COMPUTER 2008401 $1,076 MICROSOFT ACCOUNTING 2008402 $12,000 UPGRADE MS OFFICE SOFTWARE 2008-403 $4,628 EQUINOX HANDHELD 2008-404 $6,000 OEPARTMENT 50 SCIZZQR LIFT 2008-501 $6,000 161 lA ~ 161 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET lA~ ALL BUDGETED FUNDS FISCAL YEAR 2005 2006 2007 2007 2008 ACTUAL ACTUAL ORIGINAL AMENDED ADOPTED SOURCES OF FUNDS Charges for Services $4,557.271 $5.087.132 $7.026.062 $7,027711 $7.646.259 Non Operating Revenue 1.660.787 1.026.999 6.539.492 7.204.654 6.905.127 TOTAL SOURCES OF FUNDS $6,218,058 $6,114,131 $13,565,554 $14,232,365 $14,551,386 USES OF FUNDS 0& M Expenditures $4.386.327 $4,905,888 $5.449.458 $5,597.404 $5,874,526 Capital Expenditures 1923.416 1.081.008 5.563,841 6.061.499 6.038,352 Debt Service 950.153 950,523 2.179.574 2.397.497 2.402.858 Other Uses of Funds 3.982 45,550 168.414 171.310 171.310 Debt Service Reserves 87852 0 0 0 0 TOTAL USES OF FUNDS $7,351,730 $6,982,969 $13,361,288 $14,227,710 $14,487,047 EXCESS (DEFICIENCY) OF SOURCES OVER USES OF FUNDS ($1.133,672) ($868.838) $204.266 $4655 $64 340 USE OF PRIOR YEAR CARRYFORWARD 0 0 0 0 0 EXCESS (DEFICIENCY) OF SOURCES OVER USES OF FUNDS ($1,133,672) ($868,838) $204,266 $4,655 $64,340 Page 1 0117 16 I 1 A ~ IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET SOURCES AND USES OF FUNDS 2005 2006 2007 2007 2008 ACTUAL ACTUAL ORIGINAL AMENDED ADOPTED SOURCES OF FUNDS Charges for Services Water Sales $1.541,956 51.700.990 S2.657.435 $2.387730 $2.626.679 Wastewater Charges 2544.922 2,837164 53.675,432 3,891,900 4279.969 Meter Service Charges 285507 323 753 5429.667 440.675 484.4 1 5 Reconnection and Transfer Fees 101068 110,846 5128.528 139.480 119981 Miscellaneous Charges and Fees 27,343 35,209 70.000 85.879 54,608 Late Fees 56Alfl 79170 65.000 82047 80.609 Total Charges for Services $4.557.271 $5087.132 $7026.062 $7.027711 $7.646.259 Non-Operating Revenue Interest Income 550287 $89.245 574.334 $116233 $93.271 Interest Income - Assessments 50 $0 $0 $0 $0 Contributed Capital - Grant 0 58 348 3000.000 3.000.000 3.000.000 Contributed Capital - Customers 39.900 50,560 63,010 101.430 63.725 Contributed Capital - Developer 1,058,601 559.536 0 226 686 150.000 Debt Proceeds - USDA 480.371 109.933 3,366.171 3.366.200 3.366.200 Debt Proceeds - Other 304.497 200.101 Other Non-Operating Revenue 31.628 27.241 35_977 81.583 31.830 Hurricane Wilma -Grant I Insurance Proceeds 132136 0 8.025 0 Total Non-Operating Revenue $1,660,787 $1.026999 $6.539.492 $7.204.654 $6.905.127 TOTAL SOURCES OF FUNDS $6.218.058 $6.114131 $13.565.554 $14.232.365 $14.551,386 USES OF FUNDS Operations and Maintenance Water Treatment and Distribution $926.992 $1_050,993 $1.270,296 $1.350,916 $1.486.878 Wastewater Treatment 1235426 1437,016 1.631.415 1513.990 1.505A94 Wastewater Collection 305.879 329.964 395,996 407,983 436.951 Customer Service and Administration 703,349 739 582 827.121 983406 951.538 Maintenance Department 122.688 133902 217,848 157.440 289.997 Depreciation 1.091.993 1.118,177 1,106,782 1 183.668 1.203668 Hurricane Wilma -Expenses 96254 Total 0 & M Expenditures $4386.327 $4.905.888 $5,449.458 $5.597.404 $5.874.526 Capital Expenditures Water Treatment and Distribution $962,501 $570.326 $4)04,913 $5031377 $4.971052 Wastewater Treatment 64,125 76524 186,381 163.772 297.507 Wastewater Collection 840.803 431,945 654.657 823.271 720.558 Customer Service and Administration 45,742 0 12,890 13.220 38.236 Maintenance Department 10.244 2.213 5.000 29.858 11,000 Total Capital Expenditures $1923.416 $1081.008 $5.563841 $6.061,499 $6.038.352 Debt Service Principal 5309.627 $325890 $1.375149 $1,643122 51 369.472 Interest 640.526 624.633 804.425 754.375 1 033 386 Total Debt Service $950.153 $950.523 $2.179.574 $2.397.497 $2,402.858 Other Uses of Funds Maintenance Reserve 163.310 $163.310 $163.310 Bad Debt Expense $132 $32.610 $5104 6.000 6,000 Loss on Disposal of Assets 3.850 12,940 0 2000 2.000 Total Other Uses of Funds $3.982 $45550 $168,414 $171.310 $171.310 TOTAL USES OF FUNDS $7.263.878 $6.982.969 $13.361.288 $14.227.710 $14487047 EXCESS (DEFICIENCY) OF SOURCES OVER USES OF FUNDS ($1045820) ($868,838) $204,266 $4.655 $64,340 Page#2of17 161 lA2-- OPERATIONS AND MAINTENANCE Page 3 of 17 161 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET OPERATIONS AND MAINTENANCE EXPENDITURES PROGRAM 1000 - Water Treatment and Distribution 1 A 2-- CODE DESCRIPTION 2005 2006 2007 2007 2008 ACTUAL ACTUAL ORIGINAL AMENDED ADOPTED 1100 Salaries and Wages $238.614 $254.779 $345.547 $305.315 $376.116 1410 Overtime 65.185 83,077 94.444 115.580 127.706 2110 FICA 25.110 27,706 33.659 32.198 34.635 2540 Unemployment Taxes 799 938 1.210 1.436 1,392 2200 Employer Pension Contribution 15.238 17.532 20.733 20.733 22.567 2310 Health/Life Insurance 89.631 103,212 146.297 126.460 146.639 2430 Workers Compensation 11.547 23,526 26.145 22.859 27.256 4010 Travel and Training 6.409 17,290 19,308 2,617 12.000 4110 Telephone and Fax 7.962 8,597 9.001 9.880 10.374 4350 Electric---AII Other 135.169 153,734 165.227 154.212 161,923 4510 General Liability Insurance 13.136 10.141 10.648 9.828 6.310 4530 Comprehensive Auto Insurance 8,067 7,708 8.093 8.685 8,800 4590 Other Insurance 39.679 48.806 51.246 72. 533 73.500 4640 Repairs & Maintenance 38.220 45,803 52.481 78061 55.105 4630 Other Contract Services 67.660 68.972 75.564 75.564 79.343 5220 Vehicle Fuel 26.284 36.564 38.003 38.003 41.803 4650 Vehicle Maintenance 13.502 18.880 14.864 14.864 15.607 3310 Licenses and Permits 50 311 274 413 434 5240 Chemicals 43.259 57.042 70,741 70.741 84.889 5340 Other Materials 58.914 38,776 53.061 169.027 177.478 5280 Laboratory Fees 17.573 21,941 26.948 14,130 14.836 5270 Uniforms/Clothing Allowance 4.071 5,264 6.276 6.276 6.590 5410 Memberships/Periodicals/Books 913 394 526 1.500 1.575 COLUMN TOTALS $926.992 $1.050,993 $1.270.296 $1.350916 $1.486,878 Calculations for expenses use estimated increases in costs in the amount of 5%, with the following exceptions: Payroll type expenses are calculated at actual, including allowances for Schedule A raises. Chemicals, Health Insurance & Vehicle Fuel are calculated at 10% Salary expense is reduced (2007), due to capitalization of installed meters Page4of17 161 lA~ IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET OPERATIONS AND MAINTENANCE EXPENDITURES PROGRAM 2000 - Wastewater Treatment CODE DESCRIPTION 2005 2006 2007 2007 2008 ACTUAL ACTUAL ORIGINAL AMENDED ADOPTED 1110 Salaries and Wages $230938 $240.835 $304149 $275.113 $274,754 1410 Overtime 21.601 30,693 28.349 43.096 46.605 2110 FICA 19.164 20,737 25.436 24.343 24,584 2540 Unemployment Taxes 802 1.026 1.109 1.131 1,178 2200 Employer Pension Contribution 10.950 10,609 18,249 16.507 16.485 2310 Health/Life Insurance 47.171 59 045 81.371 81.371 83,167 2430 Workers Compensation 6,359 12.443 15.400 13033 13,443 4010 Travel and Training 3.415 3.289 5.168 5.168 9.000 4110 Telephone and Fax 4,395 4.073 4.094 4,789 5.028 4350 Electric 165.715 192.420 194.490 186.283 195.597 4370 Section 8 Electric 12,101 14.141 17.429 22.480 23.604 4510 General Liability Insurance 19,182 12.222 12.955 14.197 15.470 4530 Comprehensive Auto Insurance 14.197 6.166 4,014 5.211 5.280 4590 Other Insurance 40.489 49.802 52.292 68.266 75,000 4920 Section 8 Field Maintenance 16.337 25.798 36,118 36.118 37.924 4640 Repairs & Maintenance 87.359 52.385 57.218 57,218 60,079 4660 Section 8 Repairs 2,554 2245 3.104 10.728 11,264 4630 Other Contract Services 13,974 13,161 11.676 16,556 17,384 5220 Vehicle Fuel 16,313 11,074 4.679 15,224 16,746 4650 Vehicle Maintenance 18.668 18,176 13.213 14.299 15.014 3310 Licenses and Permits 125 5025 5.276 5,276 5.540 5240 Chemicals 71.350 82.462 85.427 80.427 88.470 5340 Other Matenals 41 .448 60.617 55.361 64.131 67.338 5280 Laboratory Fees 24.179 12.093 27.509 27.509 28.884 4910 Residuals Management 341.102 490.887 561.177 418.226 360,000 5270 Uniforms/Clothing Allowance 5.166 5.392 5.872 7.151 7.509 5410 Membersh ips/Period icals/Books 372 200 280 140 147 COLUMN TOTALS $1.235.426 $1.437.016 $1,631.415 $1.513,990 $1,505.494 Calculations for expenses use estimated increases in costs in the amount of 5%, with the following exceptions: Payroll type expenses are calculated at actual, including allowances for Schedule A raises. Chemicals, Health Insurance & Vehicle Fuel are calculated at 10% Residuals management has been reduced to reflect change in process. Page5of17 16i 1 A z, IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET OPERATIONS AND MAINTENANCE EXPENDITURES PROGRAM 3000 - Wastewater Collection Dept. CODE DESCRIPTION 2005 2006 2007 2007 2008 ACTUAL ACTUAL ORIGINAL AMENDED ADOPTED 1110 Salaries and Wages $117,747 $123.484 $137,390 $145,763 $152.636 1410 Overtime 8.246 12.824 15,838 23,148 17,371 2110 FICA 9.422 10.419 11,722 12,922 13006 2540 Unemployment Taxes 444 431 504 520 536 2200 Employer Pension Contribution 6.774 7.452 8.243 8,243 9,158 2310 Health/Life Insurance 32.876 38.531 48.486 43.906 64,558 2430 Workers Compensation 3.161 6.543 7,052 7.052 7.220 4010 Travel and Training 1.858 2.242 4,938 4.938 6.000 4110 Telephone and Fax 764 812 936 1,300 1365 4350 Electric 29.310 31.514 38074 33785 35.474 4510 General Liability Insurance 11.916 8.061 8.464 18.929 10.700 4530 Comprehensive Auto Insurance 4.840 4.625 4.856 4.632 5.280 4590 Other Insurance 607 747 784 1.067 1 125 4640 Repairs & Maintenance 47.863 44.856 72.189 62.189 70.299 4630 Other Contract Services 504 465 376 376 395 5220 Vehicle Fuel 8.238 9.896 10,765 6.807 7.488 4650 Vehicle Maintenance 7011 8.109 5.537 9.204 9.664 3310 Licenses & Permits 0 0 335 335 352 5240 Chemicals 5.135 5.589 6.288 6,288 6.916 5340 Other Materials 6.424 11.096 10.557 13.917 14.613 5270 Uniforms/Clothing Allowance 1,989 2.023 2.245 2.245 2.357 5410 Memberships/Periodicals/Books 750 245 418 418 439 COLUMN TOTALS $305,879 $329.964 $395.996 $407.983 $436.951 Calculations for expenses use estimated increases in costs in the amount of 5%, with the following exceptions. Payroll type expenses are calculated at actual, including allowances for Schedule A raises. Repairs & Maintenance includes contingency for $30,000 Chemicals, Health Insurance & Vehicle Fuel are calculated at 10% Page60117 IMMOKALEE WATER & SEWER olJrJ,cT1 A z-- FISCAL YEAR 2008 BUDGET OPERATIONS AND MAINTENANCE EXPENDITURES PROGRAM 4000 - Customer Service / Administration CODE DESCRIPTION 2005 2006 2007 2007 2008 ACTUAL ACTUAL ORIGINAL AMENDED ADOPTED 1110 Salaries and Wages $248.621 $254,734 $274.984 $286.377 $292,373 1410 Overtime 1.789 2,057 6.911 2.604 5.108 2110 FICA 18.693 19,242 21.565 22.107 22.757 2540 Unemployment Taxes 736 819 806 806 857 2200 Employer Pension Contribution 13,710 14.693 16.499 17m7 17.542 2310 Health/Life Insurance 65.064 68,190 97.807 90.103 92.664 2430 Workers Compensation 844 1,689 1.789 1.789 1.715 3120 Legal Services 27.475 24.000 31.000 31.000 37.000 3130 Legal Services - Sewer Assessments 0 0 0 500 0 3130 Other Professional Services 2.000 2.470 2.500 1,500 2.500 3210 Accounting/Auditing 35.100 29,500 41.592 42.036 44.138 3140 Engineering Services 158.500 185,161 181,253 319.822 240.000 4010 Travel and Training 4.537 7,747 10,324 10.324 10.500 4110 Telephone and Fax 5.151 6,400 7029 8,596 9026 4210 Postage & Freight 33.666 28,297 32.519 33040 36.344 4510 General Liability Insurance 3.650 3.380 3,549 1,820 2.184 4530 Comprehensive Auto Insurance 807 771 810 772 880 4590 Other Insurance 17,342 14,917 20039 20039 37.191 4630 Other Contract Services 7,696 8399 6.942 6,942 7.289 4640 Repairs & Maintenance 13.303 17,823 19.325 23 077 24.231 5220 Vehicle Fuel 1.091 678 947 899 989 4650 Vehicle Maintenance 44 713 999 999 1.048 5130 Office Supplies 22.070 23,957 27.149 31,364 32.932 4930 Misc, Office Expense 7.664 10,535 7.269 7.957 8.355 4930 MISC, Bank Fees 1,587 3,175 1.279 6,157 7.388 4930 Advertising 5.009 3,161 4.020 8.250 8.663 3310 Licenses and Permits 175 -33 105 233 245 5410 Memberships/PeriodicalslBooks 7,025 7,107 8,111 7.256 7.619 Hurricane Wilma Expenses 0 0 0 0 0 COLUMN TOTALS $703.349 $739.582 $827.121 $983,406 $951,538 Calculations for expenses use estimated increases in costs in the amount of 5%, with the following exceptions. Payroll type expenses are calculated at actual, including allowances for Schedule A raises. Legal fees are based on the contract dated 04/30/96, with $500 increase in 2003 and 2007, and allowances for up 10 $7,000 in additional services Health Insurance & Vehicle Fuel are calculated at 10% Page7of17 161 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET 1 A2- OPERATIONS AND MAINTENANCE EXPENDITURES PROGRAM 5000 - MAINTENANCE CODE DESCRIPTION 2005 2006 2007 2007 2008 ACTUAL ACTUAL ORIGINAL AMENDED ADOPTED 1110 Salaries and Wages $65.311 $61.378 $116,420 $75.512 $157.908 1410 Overtime 190 780 7067 2,005 11.040 2110 FICA 4.889 4.748 9.447 5,930 12.925 2540 Unemployment Taxes 215 329 403 450 536 2200 Employer Pension Contribution 4.308 4.116 6985 4,531 9,474 2310 Health/Ufe Insurance 28,222 35.327 43.464 41.887 59.827 2430 Workers Compensation 2.100 4.807 5.776 4979 7,269 4010 Travel and Training 1.842 3.763 3.210 567 6.000 4110 Telephone and Fax 929 539 624 1.332 1.399 4530 Comprehensive Auto Insurance 0 0 2.460 0 1.760 4640 Repairs & Maintenance 984 634 1.130 1.130 1.186 4630 Other Contract Services 525 92 305 305 320 5220 Vehicle Fuel 4,870 3.990 5.383 2,987 3.286 4650 Vehicle Maintenance 5.796 6.368 7.323 7.323 7.689 3310 Licenses and Permits 0 62 87 88 92 5340 Other Materials 948 4.468 4,981 6.137 6,444 5270 Uniforms/Clothing Allowance 1.346 2.276 2.506 2.000 2.550 5410 Memberships/Period icals/Books 213 175 278 278 292 COLUMN TOTALS $122.688 $133902 $217.848 $157,440 $289.997 Calculations for expenses use estimated increases in costs in the amount of 5%, with the following exceptions. Payroll type expenses are calculated at actual, including allowances for Schedule A raises. Health Insurance & Vehicle Fuel are calculated at 10% Includes additional Maintenance Tech Positlon_ Page8of17 161 lA~ CAPITAL OUTLAY PagB9of17 161 IMMOKAlEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET lA~ WATER TREATMENT AND DISTRIBUTION CAPITAL CAPITAL OUTLAY PROPOSAL 2006 2007 2007 2008 NUMBER ACTUAL Of'~IGINAL AMENDED ADOPTED OTHER CAPITAL & EMERGENCY FUNDS' 79,723 24,639 78,800 METER REPLACEMENT PROGRAM (ONGOING) 2008-101 25,834 267,143 307,143 307,143 UTILITY/CARGO TRAILER 2008-102 1,650 5,000 CROSS CONNECTION CONTROL PROGRAM & COMPUTER 2008-103 15,124 4,000 RANGER (2) (REPLACES TRUCK 15 & 16) (Financed) 2008-104 28,336 RANGER 4X4 (REPLACES TRK 11) $18.500 5-YR FINANCED Z007 -102 17,821 RANGER (REPLACES TRK 16) $15000 5-YR FINANCED 2007-103 14,527 FISHSRANCH CULVERT LINE RELOCATION 2007-104 24,000 0 UPS SA TTERY 1,144 GATE VALVE -VILLAGE OAKS 3,940 FIRE HYDRANTS 23,040 FENCING 2,289 SHORING (SPLIT WITH WW COLLECTION DEPT.) 5,044 USDA FUNDED PROJECT LOAN 1.781,726 1,781,726 1,781,726 USDA FUNDED PROJECT GRANT - ESTIMATED 2007 150,957 2.552,321 2,552.321 2,552,321 Contnbuted Capital - Developer 295,827 226,686 150,000 Contributed Capital - Customer 50,560 101,430 63,725 TOTALS 570,326 4,704,913 5,031,377 4,971,052 Pagel0of17 161 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET 1 A ~ WASTEWATER TREATMENT CAPITAL CAPITAL OUTLAY PROPOSAL 2007 2007 2008 NUMBER ORIGINAL AMENDED ADOPTED OTHER CAPITAL & EMERGENCY FUNDS' 55.131 6.167 64.200 TRACTOR (Financed) 2008-201 29.952 GATOR 2008-202 6.125 BACKHOE (FOR DEPT 10. 20 & 30) (Financed) 2008-203 65.980 RANGER 4X4 (REPLACES TRK 21) $18.500 5-YR FINANC 2007-201 17,391 Rhino Mower 2,050 Primary Pump 3,200 Hydraulic Pump 3,714 USDA FUNDED PROJECT LOAN 57,619 57.619 57,619 USDA FUNDED PROJECT GRANT' ESTIMATED 2007 73.631 73,631 73.631 TOTALS $186.381 ~G Page11 of 17 IMMOKALEE WATER & SEWER DISfR?C~ FISCAL YEAR 2008 BUDGET 1A V WASTEWATER COLLECTION CAPITAL CAPITAL OUTLAY PROPOSAL 2007 2007 2008 NUMBER ORIGINAL AMENDED ADOPTED OTHER CAPITAL & EMERGENCY FUNDS' 55.131 8.379 64.200 MANHOLE REPLACEMENT (2) LIFT STATION REPLACEMENT PARTS-ONGOING 2008-301 28.000 30.052 28.000 RANGER (REPLACES TRUCK 31) (Financed) 2008-302 14.168 BOOM TRUCK (Financed) 2008-303 61.665 VAC TRUCK- $223,000 5-YR FINANCED 2007 -302 229.900 FISHBRANCH CULVERT LINE RELOCATION 2007 -303 19.000 0 PUMP OVERHAUL 2,415 USDA FUNDED PROJECT LOAN 178.478 178.478 178,478 USDA FUNDED PROJECT GRANT' ESTIMATED 2007 374.047 374.047 374047 ARROWHEAD INFRASTRUCTURE TOTALS $654.657 $823.271 $720.558 Pge 120117 161 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET lAL.-- CUSTOMER SERVICE I ADMINISTRATION CAPITAL CAPITAL OUTLAY PROPOSAL 2007 2007 2008 NUMBER ORIGINAL AMENDED ADOPTED OTHER CAPITAL & EMERGENCY FUNDS' 12.890 7.345 14.532 REPLACEMENT HANDHELD 1.675 FILE SERVER 4.200 COMPUTER 2008-401 1.076 MICROSOFT ACCOUNTING 2008-402 12.000 UPGRADE MS OFFICE SOFTWARE 2008-403 4.628 EQUINOX HANDHELD 2008-404 6.000 USDA FUNDED PROJECT LOAN USDA FUNDED PROJECT GRANT' TOTALS [3GG Page 130117 161 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET 1 A ~ MAINTENANCE CAPITAL CAPITAL OUTLAY PROPOSAL 2007 2007 2008 NUMBER ORIGINAL AMENDED ADOPTED OTHER CAPITAL & EMERGENCY FUNDS' 5.000 5,000 5.000 SClZZOR LIFT 2008-501 6.000 F2504X4 (REPLACES TRK 3) $26.000 5-YEAR FINANCEC 2007-501 24.858 TOTALS $5.000 $29.858 $11000 Page 14of17 161 lA~ DEBT SERVICE Page15of17 161 1 A ~ IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET DEBT SERVICE EXPENDITURES 2005 2006 2007 2007 2008 ACTUAL ACTUAL ORIGINAL AMENDED ADOPTED DEBT SERVICE EXPENDITURES SERIES A REVENUE BONDS Principal 60 000 60.000 60 000 60,000 70000 Interest 68 500 65 500 62.500 62.500 59,500 SERIES B REVENUE BONDS Principal 18000 22 000 26.000 26,000 20,QOO Interest 24,000 23100 22 000 22.000 20,700 SERIES 1985 REVENUE BONDS Principal 13000 13_000 14000 14,000 15,000 Interest 23498 22 848 22198 22.198 21.498 SERIES 1989 REVENUE BONDS Principal 60.000 63,000 66,000 66 . 000 69 000 Interest 162800 159.800 156,650 156,650 153.350 SERIES 1990 REVENUE BONDS Principal 4,000 4_000 4,000 4,000 5000 Interest 10,850 10,650 10.450 10.450 10250 SERIES 1996 REVENUE BONDS Principal 55,000 58,000 61,000 61,000 64,000 Interest 204,693 201,874 198,901 198,901 195 775 SERIES 1998 REVENUE BONDS PrinCipal 10000 10,000 11,000 11,000 11000 Interest 34470 34,020 33,570 33.570 33,075 FCB LINE OF CREDIT Principal 0 1,000,000 1,000,000 1,000,000 Interest * (Capitalized) 28,016 25,000 75,658 75658 SERIES 2000A SUBORDINATED REFUNDING BONDS Principal 49,931 52 989 53,014 53,987 0 Interest 8389 5,330 5,306 2,270 0 FCB INTERIM FINANCING ($3.366,200) Principal 0 0 0 Interest 48,389 193557 FCB Note Payable Principal 260,000 0 Interest 5.867 SERIES 2001 REFUNDING BONDS (USDA) Principal 24,000 26,000 20,000 27,000 28,000 Interest 100,305 99225 98,505 98,055 96,840 CAPITAL LEASE PAYMENTS Principal 15,696 16901 60,135 60,135 87.472 Interest 3022 2285 17_866 17866 21.705 SERIES 2006 REVENUE BONDS (USDA) Principal 0 0 0 0 Interest 0 151,478 0 151.478 0 0 0 0 0 Total Principal 309,627 325,890 1,375.149 1.643.122 1.369,472 T otallnterest 640,526 624,633 804,425 754.375 1.033,386 TOTAL DEBT SERVICE EXPENDITURES $950,153 $950.523 $2,179.574 $2,397.497 $2,402,858 P"9816 of 17 IMMOKALEE WATER & SEWER DISTRICT FISCAL YEAR 2008 BUDGET 161 1A ~ DEBT SERVICE RESERVES 2005 2006 2007 2007 2008 ACTUAL ACTUAL Or~IGINAL t,MENDED ADOPTED DEBT SERVICE RESERVES SERIES A REVENUE BONDS Annual Reserve 0 0 0 0 0 Reserve Balance 151008 151008 151,008 151,008 151008 SERIES B REVENUE BONDS Annual Reserve 0 0 0 0 0 Reserve Balance 20592 20,592 20,592 20,592 20,592 SERIES 1985 REVENUE BONDS Annual Reserve 0 0 0 0 0 Reserve Balance 37680 37.680 37,680 37,680 37,680 SERIES 1989 REVENUE BONDS Annual Reserve 22,280 0 0 0 0 Reserve Balance 404518 404,518 404,518 404,518 404518 SERIES 1990 REVENUE BONDS Annual Reserve 1,535 0 0 0 0 Reserve Balance 27 931 27,931 27.931 27,931 27931 SERIES 1996 REVENUE BONDS Annual Reserve 46,997 0 0 0 0 Reserve Balance 426,868 426,868 426,868 426,868 426868 SERIES 1998 REVENUE BONDS Annual Reserve 4,500 0 0 0 0 Reserve Balance 31500 31,500 31,500 31,500 31,500 SERIES 2001 REVENUE BONDS Annual Reserve 12540 0 0 0 0 Balance 52,250 52,250 52,250 52,250 52,250 SERIES 200S REVENUE BONDS (USDA) Annual Reserve 0 Balance 0 LESS BALANCE IN SPECIAL RESTRICTED RESERVE 165900 165,900 165,900 165,900 165,900 Total Annual Reserves 87,852 986A4i I 0 0 0 Reserve Balance 986,447 986,447 986,447 986.447 Page17of17 161 1 A3 ~. -.",_rr::' MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: September 19, 2007 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Collier Soil & Water Conservation District Collier Soil & Water Conservation District has submitted the following items: a. Proposed Budget for 2007-2008 b. 5-Year Updated Public Facilities Report c. Description of Outstanding Bonds d. Board of Supervisors Schedule of Regular Meetings e. List of Current Board Members Thank you :\special\special Mise Carres: Date: 161 1~3 ~)""'" ~",,"'('~,-';';"- Rc-' ',"~' ':f:1 IlL"" 'ft., '1ll ,':o'~'.f':: _ /p'...,' i~ ;,,-j~t':,:?}f:',l~ tc'. ,.' ., ..:"-Y''<:$:' l~\ ~~;.." ~ . V:,( :>:~~ . -,' Collier Soil & Water Conservation District 14700 Immokalee Road, Naples, Rorida 34120 Phone (239)-455-4100 . Fax (239) 455-2693 Email: cswcd@comcast.net LETTER OF TRANSMITTAL TO: Ms. Enas Khalil Clerk of Circuit Court Finance Department 2671 Airport Road S., Court Plaza III Naples, FL 34112 DATE: August 30, 2007 FROM: Collier Soil & Water Conservation District We are sending you followings items: Attached Under separate cover via the .~. __ _.__'..n.'_._ COPIES DESCRIPTIONS Proposed Budget for 2007-2008 I 5- Year Updated Public Facilities Report I Description of Outstanding Bonds Board of Supervisors Schedule of Regular Meetings List of Current Board Members Please send an "Acknowledgement of Receipt" indicating that you have received all reports that you need from us. d!{ i? . Signed:' l'?l.. K)/eC&-:u Kim Bucceri Administrative Assistant RECEIVED ALlG1, () 20.01 FINANCE OEP, Mise Corres: Date: Item t: ~::dO Proposed Collier Soil and Water Conservation District General Fund Budget Period: October 1,2007 - September 30,2008 Carryover Income Collier County MIL (AG) Collier County MIL Lee County MIL Malibu Lakes (52 hrs. $20/hour) ROMA (52 hrs. $20/hour) Subtotal--Income Total-Income Operations Materials and Supplies (incl office-type supplies used on project) Communications (incl. toll charges, FAX, Express mail, postage) Meeting Notice (20 @ $55/notice) Photocopies ($125/mo) Computer Services (10 hrs. @ $35/hr) Annual Audit Insurance Other-Fuel, Oil, Lubricants, etc. Subtotal-Operations Payroll Expenses Net Pay Federal Withholding Employer MC Social Security FUTA Tax UCT-6 Tax Health Insurance Florida Retirement Subtotal--Payroll Miscellaneous Telephone Training County-- Travel Subtotal-Miscellaneous Equipment Carryover Total Expenses IESTIMATED TOTAL INCOME/(LOSS) 121800 57750 38010 1560 1560 220680 5325 2100 1100 1500 350 5500 11000 2778 29653 169000 24252 3040 12972 673 1016 7000 22720 240673 3000 500 500 4000 500 161 55000 275680 o 27 482~isc Carres: 8551ate 'c"r; # lA3 '- f'-.27/2007 Estimated 2008 Budget Approved August 16, 2007 Collier Soil and Water Conservation District ROMA Budget Period: October 1, 2007 - September 30, 2008 Carryover Income Interest Mitigation Credits Purchased Subotal'ncome Tota"ncome Expense Contract Labor Administrative Fee Fund Transfer To Malibu Lake Trust Materials and Supplies (incl office-type supplies used on proJect) Communications (incl. toll charges,F.A.x,Express mail, postage) Photocopies ($50/mo) Consulting-Stromeyer, 2 days @ $283/day Subtotal-Expenses Equipment Monitor Stakes Supplies (Tape; Markers, and monitoring supplies) Software Updates Digital Camera Media Subtotal-Equipment Carryover Total Expense ITOTAL INCOME/(LOSS) $350,000 $10,000 $10,000 $20,000 $370,000 $30,000 $1,560 $50,000 $300 $200 $600 $566 $83,226 $150 $300 $100 $50 $600 $250,000 $333,826 $36,1741 161 lA 3; Estimated 2008 Budget Approved August 16, 2007 Collier Soil and Water Conservation District Malibu Lakes Account Period: October 1,2007 - September 30,2008 Carryover Income Interest Transfer from ROMA Subtotal Income Total Income Expense Materials and Supplies (incl office-type supplies used on project) Communications (incl. toll charges, FAX, Express mail postage) Photocopies ($12/mo) Administrative Fee Annual Audit Contract Labor Subtotal-Expenses Carryover Total Expenses ITOTAL INCOME/(LOSS) 16' lA3 $13,600 $5,880 $50,000 $55,880 $69,480 $30 $20 $60 $1,560 $540 $2,000 $4,210 $60,000 $64,210 $5,2701 161 lA3 "\1'r~i!i1! r~'!":~""" ~~J;", "Y>>-:"",,?\, - ~';k~" 'ft' " P~\ ." ':.:'l!' _. ". ~ ',~ 1"l "'~""'_ , "J'~,~:':~, t~"-:)?{fi'~\R: Collier Soil & Water Conservation District 14700 Immokalee Road, Naples, Florida 34120 Phone (239)-455-4100 . Fax (239) 455-2693 Email: cswcd@comcast.net August 27, 2007 Enas Khalil Clerk of Circuit Court Finance Department 2671 Airport Road S., Court Plaza III Naples, FL 34112 Dear Ms. Khalil: This is to advise you that the Collier Soil & Water Conservation District is updating its Public Facilities Report. As of August 27, 2007 the following holds true for the Collier Soil & Water Conservation District (CSWCD). 1. The CSWCD does not own or operate any Public Facility. 2. The CSWCD does not have any plans in the works to build, improve or expand a Public Facility. 3. There are no Public Facilities that the CSWCD are proposing to replace. Sincerely, ~~. cilccccu . Kim Bucceri Administrative Assistant Collier Soil & Water Conservation District 16 r , ~')""':1;, ....''''.~." ."~ ~':i~i': ":_ .:;j "-/:f~. '. ",FJ"l !! "J~. ..,..~""t~ 'i'!'i1 ~. ..~., '~,.'~::w~~ \."<;. '.;%" Jlt ' "'.~ ~~. ~'"'' :"14f.. 1 A ~ Collier Soil & Water Conservation District 14700 Immokalee Road, Naples, Florida 34120 Phone (239)-455-4100 . Fax (239) 455-2693 Email: cswcd@comcast.net August 27, 2007 Enas Khalil Clerk of Circuit Court Finance Department 2671 Airport Road S, Court Plaza m Naples, FL 34112 Dear Ms. Khalil: This is to advise you that the Collier Soil & Water Conservation District has no outstanding bonds (s189.418). Sincerely, ;f1l~ g$tt~-(i' Kim Bucceri Administrative Assistant 16~ lA~ Collier Soil & Water Conservation District 14700 lmmokalee Road, Naples, Florida 34120 Phone (239)-455-4100 . Fax (239) 455-2693 Email: cswcd@comcast.net August 27, 2007 Enas Khalil Clerk of Circuit Court Finance Department 2671 Airport Road S., Court Plaza 111 Naples, FL 34112 Dear Ms. Khalil: The Collier Soil & Water Conservation District holds its regular business meeting on the third Thursday of each month, for the fiscal year 2007-2008. The meetings will be held at the Collier County Extension Service at 14700 Immokalee Road starting at 8:30 a.m. Sincerely, *il-- t3p,r!e( i<,.. Kim Bucceri Administrative Assistant 161 "JKi:r~f:f~". . ~" '~~. . "d. .~" ... '1il .~:,''i'. "",', c' *'F>''"~ !li"~~"b ~, ':;~;{:w''';'\R: . !~<&~ 1 A 3 Collier Soil & Water Conservation District 14700 Immokalee Road, Naples, Florida 34120 Phone (239)-455-4100 . Fax (239) 455-2693 Email: cswcd@comcast.net August 27, 2007 Enas Khalil Clerk of Circuit Court Finance Department 2671 Airport Road S, Court Plaza 111 Naples, FL 34112 Dear Ms. Khalil: Following is a list of the current board members for the Collier Soil and Water Conservation District. 1. Stan Weiner - Chair 9881 Clear Lake Circle Naples, FL 34109 2. Vice-Chair Currently Vacant 3. Dennis P. Vasey-Secretary/Treasurer 4398 N. Longshore Way Naples, FL 34119-8915 4. Michael Simonik - Board Member 1720 14th Ave. N.E. Naples, FL 34120 Sincerely, ~/ :,c:2 //".1~>u '/f-~///z.. i/-.J ~'~ l.- Kim Bucceri Administrative Assistant Collier Soil & Water Conservation District 161 lA3 Collier Soil & Water Conservation District 14700 tmmokalee Road, Naples, Florida 34120 Phone (239)-455-4100. Fax (239) 455-2693 Email: cswcd@comcast.net LETTER OF TRANSMITTAL TO: Ms. Enas Khalil Clerk of Circuit Court Finance Department 2671 Airport Road S., Court Plaza 111 Naples, FL 34112 DATE: August 27, 2007 FROM: Collier Soil & Water Conservation District Weare sending you followings items: Attached Under separate cover via the -...,.---------.--...- COPIES DESCRIPTIONS General Purpose Financial Statements Together with Reports of Independent Auditor for Year Ending September 30, 2006 1 State of Florida Annual Local Government Financial Report for FY 2006-2007 '::.1/ . ..;) Signed: /VIIi- JVae-6.' U Kim Bucceri Administrative Assistant "j. ~ ~ o ~ ~ ~ ~ o ~ " . ~ Ii: , ::0 , N o o 8 o So ~ ." a ." g . "' !1. o ~ g: ~ ~ ~ .. Q o' ~ , '" " a n i;!' " eo. ~ --< . " 8 a a ~. o .. 1; . . ~ ~ . o _ ,- . . ~o -' . ~ , . !,;: ;:lIO' o , , . . ~ o 0 ~. 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TABLE OF CONTENTS Pagel s) INDEPENDENT AUDITOR'S REPORT.....,..""."................"......,..., ,.."...., 1-2 MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) ...................",..,. I-V BASIC FINANCIAL STATEMENTS GOVERNMENT-WIDE FINANCIAL STATEMENTS: Statement of Net Assets...", ,."...., ,." ............., ,.. ,." ,.." ,.,." ,...,................,. 3 Statement of Activities... .,. .." .."."" ,.." ,.,. ,.,., ...,.... ..,.",., ,..,.", ,..""" ,.", ,.. 4 FUND FINANCIAL STATEMENTS: Governmental Funds: Balance Sheet..". ,.."......."........,..... ..,....",..,.., ,...".....,....,...............,.. 5 Reconciliation of the Balance Sheet - Governmental Funds to the Statement of Net Assets.". ""'.."'.." ..,. ..........,., ,..,.,....", ,."..", ,..., 6 Statement of Revenues, Expenditures and Changes in Fund Balance,................. 7 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance - Governmental Funds to the Statement of Activities..............., 8 NOTES TO THE FINANCIAL STATEMENTS.............................................., 9-25 REOUlRED SUPPLEMENTARY INFORMATION OTHER THAN MD&A BUDGET TO ACTUAL COMPARISON - MAJOR FUNDS (General and Special Revenue Funds) Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund - Summary Statement... ........ .............. ...................... ........... 26 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund - Detailed Statement........... ..... ....... ............. ,.. ,................... 27-28 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Mitigation Land Bank Fund - Summary Statement........................................ 29 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual NGGE ROMA Fund - Summary Statement................................................ 30 ADDITIONAL REPORTS OF INDEPENDENT AUDITOR Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Basic Financial Statements Performed in Accordance with Government Auditing Standards...",..,....".."....,.."...., ....",..", ......,....,...."" 31-32 Independent Auditor's Report to Management........................................... ........ 33-36 Management's Response to Independent Auditor's Report to Management................ Exhibit STROEMER TUSCAN & COMPANY, PA 1 6 I 1 A Affiliations Florida Institute of Certified Public Accounhmts CER riflED PUBLIC ACCOUNTANTS / CONSUl.TANTS American Institute of Certified Public Accountants Man<lgement COllsu]tinj1 Services Division Private Companies Pr,h.:licc Section Tax Division INDEPENDENT AUDITOR'S REPORT Board of Supervisors Collier Soil and Water Conservation District 14700 Immokalee Road Naples, Florida 34120 We have audited the accompanying basic financial statements of Collier Soil and Water Conservation District (the "District"), as of September 30, 2006 and for the year then ended, as listed in the Table of Contents. These basic financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these basic financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those Standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement An audit includes examining on a test basis, evidence supporting the amounts and disclosures in the basic financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the basic financial statements referred to above present fairly, in all material respects, the financial position of Collier Soil and Water Conservation District as of September 30, 2006, and the results of its operations for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated April 13, 2007, on our consideration of Collier Soil and Water Conservation District's internal control over financial reporting and our tests of its compliance with certain provisions oflaws, regulations, contracts, grants, and other matters. The purpose ofthat report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal INTEGRITy.... ,K NOW LEDGE... . ..5ER Y ICE ... COMMITMENT ,_R961 CONFERENCE DRIVE SUITE 2. FORT MYERS. FL 33919 Phone (n9) 433-1002 . Fax (239) 433-0249 WEB SITE: STCPAS.BIZ ]640 PERIWINKLE WAY SUITE 4. SANIREL, FL 33957 Phone (2:'9) :N5-5325 . Pax (239) 395-2:'196 161 1 r\,? Board of Supervisors Collier Soil and Water Conservation District Page 2 control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards, and should be considered in assessing the results of our audit. The Management's Discussion and Analysis on pages i-v is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standard Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the Management's Discussion and Analysis. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming an opinion on the District's basic financial statements. The required supplementary information other than MD&A on pages 26-30 described in the accompanying table of contents is presented for the purposes of additional analysis and is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. Such information has been subjected to the auditing procedures applied by us in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole, STROEMER TUSCAN & COMPANY, P.A. Fort Myers, Florida April13, 2007 161 MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) lri'2 ,L~ / 161 lA3 Management's Discussion and Analysis The Collier Soil and Water Conservation District's (District) discussion and analysis is designed to offer readers of the District's financial statements a narrative overview and analysis of the financial activities of the District for the fiscal year ended September 30, 2006. Readers are encouraged to read the Management's Discussion and Analysis in conjunction with the District's financial statements. District Highlights . The assets of the District exceeded its liabilities at the close of fiscal year 2006 by $112,178. Of this amount $78,699 (unrestricted net assets) may be used to meet the District's ongoing obligations, . The District's total net assets decreased by $9,121 or approximately 7,5%, in comparison to the prior year. . Total revenues decreased $82,642 in comparison to the prior year. . Total expenses decreased $49,635 in comparison to the prior year. . The decrease in revenue and expenses is primarily attributable to the loss of a grant from DEP to map exotics in the Picayune Strand State Forest. Overview of the Financial Statements The District's basic financial statements are comprised of three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves, Government-wide Financial Statements The Government-wide Financial Statements (page 3 and 4) are intended to allow a reader to assess a government's operational accountability. Operational accountability is defined as the extent to which the government has met its operating objectives efficiently and effectively, using all resources available for that purpose, and whether it can continue to meet its objectives for the foreseeable future, Government- wide financial statements concentrate on the District as a whole and do not emphasize fund types. The Statement of Net Assets presents information on all of the District's assets and liabilities, with the difference between the two reported as net assets, All debt transactions current or long-term are reported in this Statement. The District's capital assets (equipment) are included in this Statement and reported net of their accumulated depreciation. The Statement of Activities presents revenue and expenses information showing how the District's net assets changed during the fiscal year, Both Statements are measured and reported using the economic resource measurement focus (revenues and expenses) and the accrual basis of accounting (revenue recognized when earned and expense recognized when a liability is incurred). Fund Financial Statements The accounts of the District are organized on the basis of governmental funds, A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The operations of each fund are accounted for with a separate set of self- balancing accounts that comprise its assets, liabilities, fund equity or retained earnings, revenues and expenditures, The District maintains a General Fund which is the District's primary operating fund. It accounts for all financial resources of the District, except those required to be accounted for in another fund, The District also has two special revenue funds: a Mitigation Land Bank Fund (Land Bank) and the North Golden Gate Estates Regional Offsite Mitigation Area Fund (NGGE ROMA), Information is presented separately 161 lA3 for each ofthese in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balance. The District adopts an annual budget for its General Fund. To demonstrate compliance with the adopted budget, a budgetary comparison statement (pages 26 and 27) has been provided for the General Fund as Required Supplementary Information Other Than MD&A. No budgets were adopted for the Land Bank Fund or the NGGE ROMA for the year ended September 30, 2006, but will be in future years. No expenditures were anticipated in these funds for the year ended September 30, 2006. All remaining accumulated investment revenue for these funds have been deferred until allowable expenditures are budgeted and incurred. A budgetary comparison statement (pages 29 and 30) has been provided for the special revenue funds. The basic governmental fund financial statements can be found on pages 5 and 7. Notes to the Financial Statements The notes provide additional information that explains in detail some of the data contained in the preceding statements and begin on page 9. These notes are essential to the full understanding of the data provided in the government-wide and fund financial statements, Government-wide Financial Analysis The government-wide financial statements were designed so that the user could determine if the District is in a better or worse financial condition from the prior year. The following is a condensed summary of the District's net assets for fiscal year 2006 compared to fiscal years 2005 and 2004, Summary of Net Assets As Of As Of As Of 9/30/06 9/30/05 9/30/04 Assets: Totals Totals Totals Current Unrestricted Assets $ 86,094 $149,819 $ 137,588 Current Restricted Assets 302,612 143,769 142,142 Non-current Capital Assets 33.479 23.267 1.776 Total Assets $422.185 $316.855 $ 281.506 Liabilities: Accounts Payable $ 2,825 $ 41,128 $ Current Accrued Liabilities 4,570 3,534 41,951 Current Deferred Revenue 302,612 143,769 142,142 Notes Payable 7.125 Total Liabilities 310.007 195.556 184,093 Net Assets: Investment in Capital Assets, Net of Related Debt 33,479 23,267 1,776 Unrestricted 78,699 98.032 95.637 Total Net Assets 112,178 121.299 97.413 Total Liabilities and Net Assets $422.185 .$116855 $281.506 11 161 1A3 The following schedule reports the revenues, expenses and changes in net assets for the District for fiscal year 2006 compared to fiscal years 2005 and 2004. Snmmary of Revenues, Expenses and Changes iu Net Assets As Of As Of AsOf 9/30/06 9/30/05 9/30/04 Revenues: Totals Totals Totals Program Revenues Conservation & Resource Management $ 268,790 $355,729 $223,616 General Revenues Interest 840 805 68 Other 303 566 375 Gain (Loss) or disposal of capital assets 3,000 (] 525) Total Revenues 272.933 355,575 224,059 Expenses: Personal Services 124,029 90,030 80,422 Operating Expenses 145,772 232,399 142,793 Depreciation 12.253 9,260 695 Total Expenses 282,054 331 ,689 223.910 Increase (decrease) in Net Assets (9,121) 23,886 149 Total cumulative effect of change in Accounting principle' 2,471 Net Assets - Beginning of the year 121.299 97.413 94.793 Net Assets - End of the year $112111\ $121299 $ 97413 , A change in accounting principle resulted in an adjustment to the District's September 30,2003 fund balance due to the implementation of GASB 34 by the District during the year ended September 30, 2004. This change resulted in the Net Assets for the beginning of the year to be restated as $97,264, There was no change to the Net Assets balance due to the implementation of GASB 34 in years subsequent to September 30, 2004. 111 161 lA? General Fund Income Summary October 2005 through September 2006 $1,000,000 $100,000 $10,000 $1,000 $100 . FDACS-LWC . SFWMD-Camp Keais Proj. El DEP-PSSF Exotic Mapping Proj. . SFWMD-BCB IJ Florida Plats . Misc Income & Interest . Proceeds from Disposition of Capital Assets . ROMA Application Fees General Fund Expenditure Summary October 2005 through September 2006 Operating Expenditures 16% Personal Services 400,fo SFWMD - Camp Keais Project 22% Capital Outlay 7% DEP-PSSF Exotic Mapping Project 26% Debt Service 6% IV 161 lA' Budgetary Highlights Budget versus actual comparisons are reported in the required supplementary information other than MD&A on pages 26 thru 30, The District amended the General Fund budget during the year, Revenues and expenditures were each increased by $209,177 to account for unanticipated revenue and/or expenditures, During the year, expenditures were greater than revenue, thus creating the need to draw upon the existing fund balance in the amount of $26,458. Capital Assets The District owns no land or buildings for its operations, Office space is provided by the U.S. Department of Agriculture at no cost. Capital assets consist of equipment which is depreciated using the straight-line method over the estimated useful life of the asset. (generally 5-10 years) The District purchased $22,465 in capital assets for the Fiscal Year ending September 30, 2006, The entire expenditure was for a truck to be used in MIL operations of the District. For the period ending September 30,2005 the District's net capital assets were $23,267, Depreciation expenses of$12,253 was charged against the capital assets during the fiscal year ended September 30, 2006. After additions and adjustments the net capital assets balance was $33,479 for year ending September 30, 2006. Economic Factors and Next Year's Budget The District receives 99% of its funding from the Natural Resource Conservation Service (NRCS) and the South Florida Water Management District (SFWMD). As this is the District's primary source of funding, it is substantially dependent on the receipt of revenue from these agencies. Loss of these funds and/or a large decrease in this type of funding would have a material effect on the District and a negative impact on overall operations. The following were factors considered when the budget for fiscal year ending September 30, 2007 was prepared. . NRCS no longer supplies an employee for the L WC MIL. The District did hire another person for the L WC MIL and did collect the entire payment of$122,106 instead of the previous amount of $55,590. . The District's NGGE ROMA has been approved and the fund was established in FY06. . Th first parcel of land will be purchased in FY07 from the Land Bank Fund, Request for Information This financial report is designed to provide a general overview of the District's finances, Questions concerning any of the information provided in this report should be directed to: Collier Soil & Water Conservation District 14700 Immokalee Road Naples, FL 34120 (239) 455-4100 v COLLIER SOIL AND WATER CONSERVATION DISTRICT STATEMENT OF NET ASSETS September 30, 2006 ASSETS Current assets: Cash Restricted cash Due from other governments Prepaid insurance Total current assets Non-current assets: Capital assets: Depreciable equipment (net of $26,242 accumulated depreciation) Total non-current assets TOTAL ASSETS LIABILITIES AND NET ASSETS LIABILITIES Current liabilities: Accounts payable Accrued liabilities Deferred revenue Total current liabilities TOTAL LIABILITIES NET ASSETS Investment in capital assets, net of related debt Unrestricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS The accompanying notes are an integral part of this statement. 161 Governmental Activities $ 35,060 302,612 40,795 10,239 388,706 33.479 33.479 $ 422,185 $ 2,825 4,570 302,612 310,007 310,007 33,479 78,699 112,178 $ 422,1 85 lA? Page 3 of 36 COLLIER SOIL AND WATER CONSERVATION DISTRICT STATEMENT OF ACTIVITIES Year Ended September 30,2006 EXPENSES Governmental Activities Personal services Operating expenses Depreciation TOTAL EXPENSES - GOVERNMENTAL ACTIVITIES PROGRAM REVENUES Charges for services NET PROGRAM REVENUES (DEFICIT) GENERAL REVENUES Interest Other Gain on disposal of capital assets TOTAL GENERAL REVENUES DECREASE IN NET ASSETS NET ASSETS - Beginning of the year NET ASSETS - End of the year The accompanying notes are an integral part of this statement. 161 11\1 Governmental Activities $ 124,029 145,772 12,253 282,054 268,790 (13,264) 840 303 3,000 4,143 (9,121) 121,299 $ 112,178 Page 4 of36 161 1 A~ COLLIER SOIL AND WATER CONSERVATION DISTRICT BALANCE SHEET-GOVERNMENTAL FUNDS September 30, 2006 Page 5 of36 Special Revenue Funds Mitigation NGGE Total General Land Bank ROMA Governmental Fund Fund Fund Funds ASSETS Cash $ 35,060 $ $ $ 35,060 Restricted cash 150,183 152,429 302,612 Due from other governments 40,795 40,795 Other assets 10,239 10,239 TOTAL ASSETS $ 86,094 $ 150,183 $ 152,429 $ 388,706 LIABILITIES AND FUND BALANCE LIABILITIES Accounts payable $ 2,825 $ $ $ 2,825 Accrued liabilities 4,570 4,570 Deferred revenue 150,183 152,429 302,612 TOTAL LIABILITIES 7,395 150,183 152,429 310,007 FUND BALANCE Umeserved, undesignated 78,699 78,699 TOTAL FUND BALANCE 78,699 78,699 TOTAL LIABILITIES AND FUND BALANCE $ 86,094 $ 150,183 $ 152,429 $ 388,706 The accompanying notes are an integral part of this statement. 161 lA? COLLIER SOIL AND WATER CONSERVATION DISTRICT Page 6 of 36 RECONCILIATION OF THE BALANCE SHEET TO THE STATEMENT OF NET ASSETS - GOVERNMENTAL FUNDS September 30, 2006 Amount Total fund balance for governmental funds $ 78,699 Amounts reported for governmental activities in the Statement of Net Assets are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the governmental funds Capital assets being depreciated: Equipment Less accumulated depreciation 59,721 (26,242) 33,479 Long-term liabilities are not due and payable in the current period and therefore are not reported in the funds. Note payable Total net assets of governmental activities $ 112,178 The accompanying notes are an integral part of this statement. 161 1 A 3 COLLIER SOIL AND WATER CONSERV A nON DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - GOVERNMENTAL FUNDS Year Ended September 30, 2006 Page 7 of36 Mitigation NGGE Total General Land Bank ROMA Governmental Fund Fund Fund Funds REVENUES Charges for services FDACS - MIL LAB $ 122,106 $ $ $ 122,106 SFWMD - BCB-M1L LAB 52,500 52,500 SFWMD - Camp Keais Project 60,400 60,400 DEP - PSSF Exotic Mapping Project 29,353 29,353 ROMA Application Fees 4,200 4,200 Florida plats 231 231 Proceeds from disposition of capital assets 3,000 3,000 Interest income 388 278 174 840 Miscellaneous income 303 303 TOTAL REVENUES 272,481 278 174 272,933 EXPENDITURES Current Conservation/Resource Management Personal services 124,029 124,029 Operating expenditures t44,635 278 174 145,087 Capital outlay 22,465 22,465 Debt service Principal reduction 18,125 18,125 Interest and fiscal charges 685 685 TOTAL EXPENDITURES 309,939 278 174 310,391 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (37,458) (37,458) OTHER FINANCING SOURCES (USES) Proceeds from note payable 11,000 11,000 TOTAL OTHER FINANCING SOURCES (USES) 11,000 11,000 EXCESS OF REVENUES AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES AND OTHER FINANCING USES (26,458) (26,458) FUND BALANCE - BEGINNING 105,157 105,157 FUND BALANCE - ENDING $ 78,699 $ $ $ 78,699 The accompanying notes are an integral part of this statement. COLLIER SOIL AND WATER CONSERVATION DISTRICT RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES Year Ended September 30, 2006 161 Net change (excess of expenditures over revenues) in fund balance - total governmental funds The decrease in net assets reported for governmental activities in the Statement of Activities is different because: Governmental funds report capital outlays as expenditures. However, in the Statement of Activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. Expenditures for capital assets Less: current year depreciation The issuance of debt is reported as a fmancing source in governmental funds and thus contribute to the change in fund balance. In the Statement of Net Assets, however, issuing debt increases long-term liabilities and does not affect the Statement of Activities. Similarly, repayment of principal is an expenditure in the governmental funds but reduces the liability in the Statement of Net Assets. Repayments (principal retirement): Notes payable Proceeds from note payable Change (decrease) in net assets of governmental activities The accompanying notes are an integral part of this statement. 22,465 (12,253) 18,125 (11,000) 1 A? Page 8 of 36 Amount $ (26,458) 10,212 7,125 $ (9,121) 161 lA , COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 9 of 36 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Ore:anization and nature of activities Collier Soil and Water Conservation District (the "District"), is an independent special district created on August 30, 1984, through the request of the State of Florida, Department of Agriculture, under the provisions of Florida Statute 582.15(2), for the purpose of preserving and promoting conservation, development and wise use of land, water and related resources in Collier County, Florida. The District also is permitted to act as a land trust for environmentally sensitive undeveloped land. As such, the District can receive and/or purchase and hold and manage environmentally sensitive undeveloped land. The District is governed by an elected five (5) member Board of Supervisors serving staggered four (4) year terms, Summarv of sie:nificant accountine: policies The following is a summary of the significant accounting policies used in the preparation of these basic financial statements, Reportine: entitv The District adheres to Governmental Accounting Standards Board (GAS B) Statement Number 14, "Financial Reporting Entity, as amended by GASB Statement Number 39, "Determining Whether Certain Organizations Are Component Units." These Statements require the financial statements of the District (the primary government) to include its component units, if any. A component unit is a legally separate organization for which the elected officials of the primary government are financially accountable. Based on the criteria established in GASB 14, as amended, there are no component units required to be included, Therefore, there are no component units included and/or required to be included in the District's financial statements, Government-wide Financial Statements The government-wide financial statements (i.e., the Statement of Net Assets and the Statement of Activities) report information on all of the activities ofthe District and do not emphasize fund types. These governmental activities comprise the primary government. General governmental and intergovernmental revenues support the governmental activities. The purpose of the government-wide financial statements is to allow the user to be able to determine if the District is in a better or worse financial position than the prior year. The effect of all interfund activity between governmental funds has been removed from the government-wide financial statements. 161 lA3 COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 10 of36 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Government-wide Financial Statements, continued Government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, Under the accrual basis of accounting, revenues, expenses, gains, losses, assets, and liabilities resulting from exchange and exchange-like transactions are recognized when the exchange takes place, Revenues, expenses, gains, losses, assets, and liabilities resulting from nonexchange transactions are recognized in accordance with the requirements of GASB Statement 33, "Accounting and Financial Reporting for Nonexchange Transactions" (GASB 33), Amounts paid to acquire capital assets are capitalized as assets in the government-wide financial statements, rather than reported as expenditures, Proceeds oflong-term debt are recorded as liabilities in the government-wide financial statements, rather than as other financing sources. Amounts paid to reduce long-term indebtedness of the reporting government are reported as a reduction ofthe related liability in the government-wide financial statements, rather than as expenditures, The Statement of Activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues, Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function; and 2) grants and contributions that are restricted to meeting the operational or capital improvements of a particular function. Interest income and other items not properly included among program revenues are reported instead as general revenues. 161 lA3 COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 11 of 36 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Fund Financial Statements The accounts of the District are organized on the basis of funds, each of which is considered a separate accounting entity, The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity or retained earnings, revenues, and expenditures or expenses, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. Fund financial statements for the District's governmental funds are presented after the government-wide financial statements. The governmental fund financial statements display information about major funds individually and nonmajor funds in aggregate for governmental funds. Governmental Funds When both restricted and unrestricted resources are combined in a fund, expenditures are considered to be paid first from restricted resources, as appropriate, and then from unrestricted resources. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are considered to be available when they are collected within the current period or soon thereafter to pay liabilities of the current period. The District's major funds are presented in separate columns on the governmental fund financial statements. The definition of a major fund is one that meets certain criteria set forth in GASB 34. The funds that do not meet the criteria of a major fund are considered non-major funds and are combined into a single column on the governmental fund financial statements. Separate financial statements are provided for governmental funds, Major individual governmental funds are reported as separate columns in the fund financial statements. All governmental funds ofthe District are considered major funds, 161 lA, COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 12 of 36 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Measurement Focus and Basis of Accountinl!: Basis of accounting refers to when revenues and expenditures, or expenses, are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows, Grants and similar items are recognized as revenue as soon as all eligibility requirements have been met. Governmental fund financial statements are reported using the current financial resources management focus and the modified accrual basis of accounting, Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period and soon enough thereafter to pay liabilities of the current period, Taxpayer assessed income and gross receipts are considered "measurable" when in the hands of intermediary collecting governments and are recognized as revenue at that time, Anticipated refunds of such taxes are recorded as liabilities and reductions of revenue when they become measurable and their validity seems certain. Intergovernmental revenues that are reimbursements for specific purposes or projects are recognized when all eligibility requirements are met. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred, Exceptions to this general rule include: (1) principal and interest on the long-term debt, if any, is recognized when due; and (2) expenditures are generally not divided between years by the recording of prepaid expenditures. 161 113 COLLIER SOIL AND WATER CONSERVATION DISTRICT Page 13 of 36 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Non-current Government Assets/Liabilities GASB 34 requires non-current governmental assets, such as land and buildings, and non-current governmental liabilities, such as notes and bonds payable, be reported in the governmental activities column in the government-wide Statement of Net Assets. Maior Funds - Governmental The District reports the following major governmental funds: The General Fund is the District's primary operating fund. It accounts for all financial resources of the District, except those required to be accounted for in another fund, The Special Revenue Funds are used to account for the proceeds of specific revenue sources that are legally restricted to expenditure for specified purposes, The District has two special revenue funds: a Mitigation Land Bank Fund (Land Bank) and the North Golden Gate Estates Regional Offsite Mitigation Area Fund (NGGE ROMA). The Land Bank fund consists of funds collected pursuant to an agreement with a real estate developer to provide off-site compensatory mitigation for unavoidable wetland impact related to a specific real estate development. The agreement required the developer to transfer $140,000 to the District for the purchase of approximately 30 acres of undeveloped wetlands. The District is, further, required to then enhance, manage and hold in perpetuity the respective wetlands purchased. The funds are restricted and can only be used for the purchase, enhancement and long-term management of undeveloped wetlands, The NGGE ROMA fund consists offunds collected pursuant to an agreement with the Florida Department of Environmental Protection and the Florida Department of Agriculture and Consumer Services, Division of Forestry to be used as mitigation for private, single-family residence impacts within the North Golden Gate Estates development. Mitigation credits are charged on single-family residential impact permits within the mitigation service area. Funds collected for mitigation credits are to be placed in three separate accounts. The first $666,340 will fund the implementation account which will be used for exotic vegetation eradication within the ROMA. The next $63,720 collected is to fund the management account. The management account is the principal to provide interest money sufficient for annual management costs. After the agreements success criteria are met, the management account will be transferred to the Division of Forestry which will assume long-term management ofthe enhancement site. Any remaining mitigation credits collected are to be placed in the acquisition account. Funds will be held in the acquisition account until an amended Mitigation plan for acquisition is approved by the Department of Environmental Protection. 161 lA'3 COLLIER SOIL AND WATER CONSERVATION DISTRICT Page 14 of 36 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Bndl!etarv Information The District has elected to report budgetary comparison of major funds as required supplementary information (RSI). No budgets were adopted for the Land Bank Fund or the NGGE ROMA Fund as the District did not intend to expend any funds. All investment revenue is deferred until allowable expenditures are budgeted and incurred, Capital Assets Capital assets which include land, buildings, equipment, and machinery are reported in the government-wide financial statements Statement of Net Assets. The District follows a capitalization policy, which calls for capitalization of all fixed assets that have a cost or donated value of $1 ,000 or more and have a useful life in excess of one year, All purchased fixed assets are valued at cost where historical records are available and at an estimated historical cost where no historical records exist. Donated capital assets are valued at their estimated fair market value on the date donated. No debt-related interest expense is capitalized as part of capital assets in accordance with GASB 34, Maintenance, repairs, and minor renovations are not capitalized, The acquisition of land and construction projects utilizing resources received from Federal and State agencies are capitalized when the related expenditure is incurred. Expenditures that materially increase values, change capacities, or extend useful lives are capitalized. Upon sale or retirement, the cost is eliminated from the respective accounts. Expenditures for capital assets are recorded in the fund statements as current expenditures. However, such expenditures are not reflected as expenditures in the government-wide statements but rather are capitalized and depreciated. The District owns no land or buildings, capital assets are depreciated using the straight-line method over the following estimated useful lives: Asset Equipment Years 5-10 161 11\.' COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 15 of36 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Budeets and budeetarv accountine The District has adopted an annual budget for the General Fund for the year ended September 30, 2006. The District follows these procedures in establishing budgetary data for the General Fund, No budgets were adopted for the Special Revenue Funds, 1. During the summer of each year, the Treasurer submits to the Board of Supervisors a proposed operating budget for the fiscal year commencing on the upcoming October 1. The operating budget includes proposed expenditures and the means of financing them, 2. Public hearings are held to obtain citizen input. 3. The budget is adopted by approval of the Board of Supervisors. 4. Budget amounts, as shown in these financial statements, are as originally adopted or as amended by the Board of Supervisors. 5. The budget is adopted on a basis consistent with accounting principles generally accepted in the United States of America. 6. The level of control for appropriations is exercised at the fund level. 7. Appropriations lapse at year-end. The District amended the General Fund budget during the year. Revenues and expenditures were each increased $209,177 to account for unanticipated revenues and/or expenditures, Compensated absences The District's employees accumulate sick and annual leave, based on the number of years of continuous service, Upon termination of employment, however, the District does not payor reimburse employees for sick or annual leave, The District does allow employees to carryover to the next fiscal year up to 80 hours of sick leave, but no annual leave. Encumbrances Encumbrances accounting, under which purchase orders, contracts, and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed by the District because at present it is not necessary in order to assure effective budgetary control or to facilitate effective cash planning and control. 161 lA' COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 16 of36 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Deferred RevenuelLand Bank Fund Through an agreement with a real estate developer, the District received funds to purchase undeveloped wetlands. The intent ofthe agreement is to provide off-site compensatory mitigation for unavoidable wetland impact related to a specific real estate development. The agreement has no stated time-frame for the related land purchase. The District has recorded these funds as restricted cash and investment and as deferred revenue until the date of expenditure, at which time it will be recognized as revenue and charged to the appropriate expenditure accounts, Deferred Revenue/NGGE ROMA Fund Through an agreement with the Florida Department of Agriculture and Consumer Services, Division of Forestry, the District receives funds through the sale of mitigation credits to be used for the enhancement, management, and future acquisitions of a Regional Offsite Mitigation Area, The District has recorded these funds as restricted cash and as deferred revenue until the date of expenditure, at which time it will be recognized as revenue and charged to the appropriate expenditure accounts. After the agreements success criteria are achieved, the District will transfer the funds (unexpended cash) in the Management Account over to the Division of Forestry which will assume the long-term management of the enhancement area. Interfund receivables and payables arise from interfund transactions and are recorded by the funds affected in the period in which the transactions are executed, Due From Other Governments No allowance for losses on uncollectible accounts has been recorded since the District considered all amounts to be fully collectible, Fund equity In the governmental fund financial statements, reservation of fund balance indicates amounts that are limited for a specific purpose, are not appropriable for expenditure, or are legally segregated for a specific future use. Designations of fund balance represent tentative management plans. Unreserved, undesignated fund balance indicates funds that are available for current expenditure, Interfund Transactions The District considers interfund receivables (due from other funds) and interfund liabilities (due to other funds) to be loan transactions to and from other funds to cover temporary (three months or less) cash needs. Transactions that constitute reimbursements to a fund for expenditures/expenses initially made from it that are properly applicable to another fund 161 lA' COLLIER SOIL AND WATER CONSERVATION DISTRICT Page 17 of 36 NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Interfund Transactions. continued are recorded as expenditures/expenses in the reimbursing funds and as reduction of expenditures/expenses in the fund that is reimbursed. Manal!:ement estimates The preparation of basic financial statements in conformity with accounting principles generally accepted in the United States of America requires the District to make estimates and assumptions that affect the reported amounts of assets, liabilities, fund equity, and disclosure of contingent assets and liabilities at the date of the basic financial statements and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. NOTE B - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS Explanation of Differences Between the Governmental Funds Balance Sheet and the Government-wide Statement of Net Assets "Total fund balance" as reported on the District's Governmental Funds Balance Sheet of$78,699 differs from the "net assets" of governmental activities of$112,178 that are reported in the Statement of Net Assets, This difference primarily results from the long-term economic focus of the Statement of Net Assets versus the current financial resources focus of the Governmental Funds Balance Sheet. The effect of the difference is illustrated below: Capital related items When capital assets (land, buildings, equipment, and machinery that are to be used in governmental activities) are purchased or constructed, the cost of those assets is reported as expenditures in governmental funds. However, the Statement of Net Assets includes those capital assets along with the assets of the District as a whole at September 30, 2006, Amount Cost of capital assets - equipment Accumulated depreciation Total $ 59,721 (26,242) 33,479 $ 161 1 A ' COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 18 of36 NOTE B -RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS, CONTINUED Explanation of Differences Between Governmental Fund Operating Statements and the Statement of Activities The "net change in fund balance" for government funds of $(26,458) (expenditures in excess ofrevenue) differs from the "decrease (change) in net assets" for governmental activities of $(9,121) reported in the Statement of Activities. The differences arise primarily from the long-term economic focus ofthe Statement of Activities versus the current financial resources focus of the governmental funds. The effect ofthe differences is illustrated below: Capital related items When capital assets are purchased or constructed for governmental activities, the resources expended for those assets are reported as expenditures in governmental funds, However, in the Statement of Activities, the costs of assets are allocated over their estimated useful lives and reported as depreciation expense. As a result, fund balances decrease by the amount of financial resources expended, whereas net assets decrease by the amount of depreciation expense charged for the year. Amount Expenditures for capital assets Less: Depreciation expense Total $ 22,465 (12,253) 10,212 $ 161 lA? COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 19 of36 NOTE B - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS, CONTINUED Lonj!-term debt transactions Repayments of principal on notes payable are reported as an expenditure in the governmental funds and, thus, have the effect or reducing fund balance because current financial resources have been used. Principal payments reduce the liabilities in the Statement of Net Assets, but do not result in an expense in the Statement of Activities for the year ended September 30, 2006. The reverse treatment is recorded for proceeds from notes payable. Note payable - principal payments Proceeds from note payable Total Amount $ 18,125 (11,000) $ 7,125 NOTE C - CASH AND INVESTMENTS At September 30, 2006 cash was $337,672 including restricted cash of$302,612. Restricted funds were received for the Land Bank Fund and the NGGE ROMA Fund and were accounted for in the Special Revenue Funds. Deposits The District's deposit policy allows deposits to be held in demand deposit accounts. The District depository is a financial institution designated as qualified depository by the State Treasurer. At September 30, 2006, the District's deposits were as follows: Carrying Bank Amount Balance General Fund Depository Accounts $ 35,060 $ 42,412 Special Revenue Fund Depository Account 302,612 302,612 $ 337,672 $ 345,024 These deposits were entirely insured by federal depository insurance or by collateral pursuant to the Public Depository Security Act of the State of Florida (Florida Statute 280). 161 lA? COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 20 of 36 NOTE C - CASH AND INVESTMENTS, CONTINUED Investments Florida Statutes and the District's investment policy authorize investments in certificates of deposit and savings accounts. Certificates of deposit and savings accounts whose values exceed the amount of federal depository insurance are collateralized pursuant to the Public Depository Security Act ofthe State of Florida (Florida Statute 280), At September 30, 2006, the District held no such investments, however, its cash accounts were held in interest bearing accounts, NOTE D - DUE FROM OTHER GOVERNMENTS Due from other governments consists of the following at September 30, 2006: Amount Due from USDAlNRCS - MIL (009993) Due from State ofFL Dept. of Envir. Protection,- PSSF $ 31,268 9,527 $ 40,795 NOTE E - CAPITAL ASSETS ACTIVITY The following is a summary of changes in capital assets activity for the year ended September 30, 2006: Balance Balance October 1 Increases! Decreases! September 30 2005 Additions Retirements 2006 Capital Assets Being Depreciated: Equipment $ 85.065 $ 22.465 $ (47.809) $ 59,721 Total Capital Assets Being Depreciated 85,065 22,465 (47,809) 59,721 Less Accumulated Depreciation: Equipment (61.798) (12,253) 47,809 (26,242) Total Accumulated Depreciation (61,798) (12,253) 47,809 (26,242) Total Capital Assets Being Depreciated, Net 23,267 10,212 33,479 Capital Assets, Net $ 23,267 $ 10,212 $ $ 33,479 161 1 A ~ COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 21 of36 NOTE E - CAPITAL ASSETS ACTIVITY, CONTINUED Depreciation expense was charged to the following functions during the fiscal year ended September 30, 2006: Amount General Government - Administration Total Depreciation Expense $ 12.253 $ 12,253 NOTE F - LONG-TERM LIABILITIES The following is a summary of changes in long-term liabilities for the year ended September 30, 2006: Balance Balance Amounts October ] Retirements 1 September 30 Due Within 2005 Additions Adjustments 2006 One Year Note Payable $ 7,125 $ 11,000 $ (18,125) $ $ $ 7,125 $ 11,000 $ (18,125) $ $ Interest expense for the year ended September 30,2006 was $685. The following is a summary of the long-term obligations at September 30, 2006: Amount $50,000 uncollateralized, annually renewable revolving note payable to financial institution with interest at prime. The note matures on April 20, 2006. $ 161 lA3 COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 22 of 36 NOTE G - RETIREMENT PLAN Plan description and provisions Effective October 1, 2001, all District employees, both full-time and part-time, became participants in the statewide Florida Retirement System (FRS) under the authority of Article X, Section 14 of the State Constitution and Florida Statutes, Chapters 112 and 121. The FRS is noncontributory and is totally administered by the State of Florida. The District contributed 100% of the required contributions. Pension costs for the District ranged between 7,83% and 9.85% of gross wages for the year ended September 30, 2006, The District's contributions to the plan were $8,881, $5,657, and $5,149 for the fiscal years ended September 30, 2006, 2005, and 2004 respectively, The District's covered payroll expense for the year ended September 30, 2006, 2005, and 2004 was $102,604, $80,228, and $69,420, respectively. There were no employee contributions to the plan, Employees who retire at or after age 62 with 6 years of creditable service, 6 years of senior management service and age 62, 6 years of special risk service and age 55, or 30 years of service (25 years for special risk) regardless of age, are entitled to a retirement benefit, payable monthly for life, equal to 1,5% to 3,3% per year of creditable service, depending on the class of employee (regular, special risk, etc.) based on average final compensation ofthe five (5) highest fiscal years' compensation, Benefits vest after 6 years (6 years for senior management) of credited service, Vested employees may retire anytime after vesting and incur a 5% benefit reduction for each year prior to normal retirement age. Early retirement, disability, death, and survivor benefits are also offered. Benefits are established by State Statute. The plan provides for a constant 3% cost-of-living adjustment for retirees, The Plan also provides several other plan and/or investment options that may be elected by the employee, Each offers specific contribution and benefit options, The Plan documents should be referenced for complete detail. Description of fundin!!: policv This is a cost sharing, multi-employer plan available to governmental units within the state and actuarial information with respect to an individual participating entity is not available. Participating employers are required, by statute, to pay monthly contributions at actuarially 161' 1A'3 COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 23 of 36 NOTE G - RETIREMENT PLAN, CONTINUED Description of fundin!!: policv. continued determined rates that, expressed as percentages of annual covered payroll, are adequate to accumulate sufficient assets to pay benefits when due. Plan information A copy of the FRS's June 30, 2006 annual report can be obtained by writing to the Florida Division of Retirement, Cedars Executive Center, 2639-C North Monroe Street, Tallahassee, Florida 32399-1560, or by calling (850) 488-5706. NOTE H - SELF-INSURANCE PROGRAM The District is a member of the Florida League of Cities self-insurers program for general liability, auto, property and workers' compensation, The program purchases excess and other specific coverages from third party carriers. Members of the program are billed annually for their portion of the program and are not assessable for unanticipated losses incurred by the program, Maximum liability coverage is $200,000, Premiums charged during the year totaled $9,956. NOTE I - OPERATIONAL SUPPORT The District's operations are supported in part by the United States Department of Agriculture through the Natural Resource Conservation Service (NRCS). As such, the partnership with NRCS provides the District with its office space and other occupancy costs including but not limited to utilities, janitorial services, and telephone service at no cost to the District. The NRCS also provides the District the use of office equipment at no cost. The benefit of such subsidies is not reflected within the financial statements as no objective basis is available to value these benefits, NOTE J - ECONOMIC DEPENDENCE The District's operations are substantially dependent on the receipt of revenue from the Florida Department of Agriculture and Consumer Services (FDACS) and South Florida Water Management District (SFWMD). Loss ofthese funds and/or large decreases in this type of funding would have a material effect on the District and a negative impact on overall operations. For the year ended September 30, 2006, over 86% oftotal revenue is attributable to funds received from the FDACS and SFWMD. 161 1 A3 COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 24 of 36 NOTE K - LAND BANK FUND ACTIVITY During the year ended September 30, 2006, the Land Bank Fund had the following activity: Deferred revenue, October 1,2005 Land Bank receipts Interest income receipts Less: Bank fees Deferred revenue, September 30, 2006 Amount $ 143,769 6,692 (278) $ 150,183 NOTE L - NGGE ROMA FUND ACTIVITY During the year ended September 30, 2006, the NGGE ROMA Fund had the following activity: Deferred revenue, October 1, 2005 Mitigation credit receipts Interest income receipts Less: Bank fees Deferred revenue, September 30, 2006 Amount $ 149,553 3,050 (174) $ 152,429 NOTE M - COMMITMENTS Land Trust The District has a Mitigation Land Bank agreement with a real estate developer which required the developer to transfer $140,000 to the District for the purchase of approximately 30 acres of undeveloped wetlands, The District is, further, required to then enhance, manage and hold in perpetuity the respective wetlands purchased, The District has the right to transfer the land to another entity for long-term management and ownership at its discretion subject to approval by the Army Corp of Engineers. The developer entered the agreement to provide off-site compensatory mitigation for unavoidable wetland impact related to a specific real estate development, As of September 30, 2006 the District had not purchased the undeveloped wetlands. The agreement has no stated time-frame for the related land purchase, The funds are being accounted for in the Special Revenue Fund Mitigation Land Bank Fund. 161 lA, COLLIER SOIL AND WATER CONSERVATION DISTRICT NOTES TO THE FINANCIAL STATEMENTS September 30, 2006 Page 25 of36 NOTE M - COMMITMENTS, CONTINUED Regional Offsite Mitigation Area The District has an agreement with the Florida Department of Environmental Protection and the Florida Department of Agriculture and Consumer Services, Division of Forestry for the enhancement, management, and future acquisition of a Regional offsite Mitigation Area. The activities are funded through the sale of mitigation credits on single-family residential impact permits in the north Golden Gate Estates area. Once the agreement's success criteria are achieved, the District will transfer the funds in the management account to the Division of Forestry which will assume the long-term management of the enhancement area. NOTE N - CONTINGENCIES AND COMMITMENTS The District is involved from time to time in certain routine litigation, the substance of which, either as liabilities or recoveries, would not materially affect the financial position of the District. Although the final outcome of the lawsuits, assertions, and claims or the exact amount of costs and/or potential recovery is not presently determinable, in the opinion of the District's legal counsel, the resolution ofthese matters are not anticipated to have a materially adverse effect on the financial condition ofthe District. As a general policy, the District plans to contest any such matter. NOTE 0 - EXPENDITURES IN EXCESS OF BUDGET Florida Statute 189.418(3) prohibits actual expenditures in excess of budgeted expenditures. The Board did not adopt budgets for the two special revenue funds because no expenditures were anticipated for either fund. Bank charges were incurred in both special revenue funds and no budgets (amendments) were approved to formally authorize the expenditures. NOTE P - SUBSEQUENT EVENT Subsequent to the year ended September 30, 2006, the District purchased 2,28 acres ofland for approximately $41,265 from an individual to be used as part of the Mitigation Land Bank Fund. The land was paid for from reserves held by the Mitigation Land Bank Fund, 161 REQUIRED SUPPLEMENTARY INFORMA nON OTHER THAN MD&A lA3 161 lA? COLLIER SOIL AND WATER CONSERVATION DISTRICT Page 26 of 36 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND - SUMMARY STATEMENT Year Ended September 30, 2006 REVENUES Original Budget Charges for services FDACS - LWC SFWMD - BCB SFWMD ~ Camp Keais Project DEP - PSSF Exotic Mapping Project ROMA Application Fees Florida plats Proceeds from disposition of capital assets Interest income Miscellaneous income Carryover $ 55,590 $ 53,750 1,620 80 507 24,219 135,766 TOTAL REVENUES EXPENDITURES Current General government - Administration Personal services Operating expenditures Capital outlay Debt service Principal reduction Interest and fiscal charges 97,294 38,472 TOTAL EXPENDITURES t35,766 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Proceeds from note payable TOTAL OTHER FINANCING SOURCES (USES) EXCESS REVENUES AND OTHER FINANCING SOURCES OVER ( UNDER) EXPENDITURES AND OTHER USES FUND BALANCE - Beginning FUND BALANCE - Ending $ The accompanying notes are an integral part of this statement. General Fund Final Budget 122,106 $ 53,750 126,400 37,500 4,400 200 80 507 344,943 129,105 193,338 22,500 344,943 $ Actual 122,106 $ 52,500 60,400 29,353 4,200 231 3,000 388 303 272,48t 124,029 144,635 22,465 18,125 685 309,939 (37,458) It,OOO 11,000 (26,458) $ 105,157 78,699 $ Variance Favorable (Unfavorable) (1,250) (66,000) (8,t47) (200) 3t 3,000 308 (204) (72,462) 5,076 48,703 35 (18,t25) (685) 35,004 (37,458) 11,000 t 1,000 (26,458) 105,t57 78,699 16/ COLLIER SOIL AND WATER CONSERV A nON DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND - DETAILED STATEMENT Year Ended September 30, 2006 General Fund lA3 Page 27 of 36 122,106 $ t22,106 $ 53,750 52,500 (1,250) 126,400 60,400 (66,000) 37,500 29,353 (8,147) 4,400 4,200 (200) 200 231 3t 3,000 3,000 80 388 308 507 303 (204) 344,943 272,48t (72,462) Original Budget Final Bud~et Actual REVENUES Charges for services FDACS - MIL SFWMD - BCB MIL SFWMD - Camp Keais Project DEP - PSSF Exotic Mapping Project ROMA Application Fees Florida plats Proceeds from disposition of capital assets Interest income Miscellaneous income Carryover $ 55,590 $ 53,750 t,620 80 507 24,219 135,766 TOTAL REVENUES EXPENDITURES Current ConservationIResource Management Personal services Salaries, taxes and benefits Retirement 90,909 6,385 97,294 119,605 9,500 129,105 115,148 8,881 t24,029 TOTAL - PERSONAL SERVtCES Operating expenditures Dues Insurance Office Printing and advertising Professional fees Professional fees-ROMA Telephone Travel Training Vehicle Florida plats Miscellaneous SFWMD - Camp Keais Project PSSF Exotic Mapping Project Contract Labor Contingency 1,500 t2,000 6,050 1,500 7,000 1,500 t 1,928 6,400 3,tOO 12,000 900 2,500 900 3,987 t,950 262 50 107,422 37,500 t,255 11,594 6,967 3,317 tl,Ot8 270 2,152 1,457 4,770 3,827 t62 123 67,922 26,05t 3,750 3,000 t,500 2,450 972 500 2,939 193,338 2,000 38,472 144,635 TOTAL - OPERATING EXPENDITURES The accompanying notes are an integral part ohhis statement Variance Favorable (Unfavorable) 4,457 619 5,076 245 334 (567) (217) 982 630 348 (557) (783) (1,877) 100 (73) 39,500 tl,449 (3,750) 2,939 48,703 16\ 1 A 3 COLLIER SOIL AND WATER CONSERVATION DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND - DETAILED STATEMENT, CONTINUED Year Ended September 30, 2006 Page 28 of36 General Fund Variance Bud~et Actual Favorable (Unfavorable) Original Budget Final CAPITAL OUTLAY Equipment 22,500 22500 22,465 35 35 TOTAL - CAPITAL OUTLAY 22465 DEBT SERVICE Principal reduction t8,125 (18,125) Interest and fiscal charges 685 (685) TOTAL EXPENDtTURES 135,766 344,943 309,939 35,004 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (37,458) (37,458) OTHER FINANCING SOURCES (USES) Proceeds from note payable t 1,000 1t,000 TOTAL OTHER FINANCING SOURCES (USES) It,OOO It ,000 EXCESS REVENUES AND OTHER FINANCING SOURCES (26,458) (26,458) OVER (UNDER)EXPENDITURES AND OTHER USES FUND BALANCE - BEGINNING 105,157 105,157 FUND BALANCE - ENDING $ $ $ 78,699 $ 78,699 161 lA3 COLLIER SOIL AND WATER CONSERVATION DISTRICT Page 29 of 36 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - SPECIAL REVENUE FUND - SUMMARY STATEMENT Year Ended September 30, 2006 Mitigation Land Bank Fund REVENUES Original Budget Final Budget Actual Variance Favorable (Unfavorable) Charges for services FDACS - LWC MIL SFWMD - BCB MIL $ $ $ $ SFWMD - Camp Keais Project DEP - PSSF Exotic Mapping Project Florida plats Interest income Miscellaneous income Carryover 278 278 TOTAL REVENUES 278 278 EXPENDITURES Current General government Administration Personal services Operating expenditures TOTAL EXPENDITURES 278 278 (278) (278) EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ $ $ FUND BALANCE - BEGINNING FUND BALANCE - ENDING $ 161 1~ 3 COLLIER SOIL AND WATER CONSERVATION DISTRICT Page 30 of 36 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - SPECIAL REVENUE FUND - SUMMARY STATEMENT Year Ended September 30,2006 NGGE ROMA Fund REVENUES Original Budget Final Budget Actlial Variance Favorable (Unfavorable) Charges for services FDACS - LWC MIL SFWMD - BCB MIL $ $ $ $ SFWMD - Camp Keais Project DEP - PSSF Exotic Mapping Project Florida plats Interest income Miscellaneous income Carryover t74 174 TOTAL REVENUES 174 t74 EXPENDITURES Current General government Administration Personal services Operating expenditures TOTAL EXPENDITURES 174 174 (174) (t74) EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ $ $ FUND BALANCE - BEGINNING FUND BALANCE - ENDING $ 161 ADDITIONAL REPORTS OF INDEPENDENT AUDITOR 1 A j 161 lA3 Affiliations STROEMER TUSCAN & COMPANY, PA Florida Institute of Certified Public An:ountants American Institute of Certified Public Accountants Management Consulting Services Division Private Companies Pra(;!ilT SCl.:lioll Tax Division CERTIFIED PUBLIC ACCOUNTANTS I CONSULTANTS Page 31 of36 INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF BASIC FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Supervisors Collier Soil and Water Conservation District 14700 Immokalee Road Naples, FL 34120 We have audited the basic financial statements of Collier Soil and Water Conservation District as of and for the year ended September 30,2006, and have issued our report thereon dated April 13, 2007. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General ofthe United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered Collier Soil and Water Conservation District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the basic financial statements and not to provide assurance on the internal control over financial reporting, Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses, A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the basic financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we considered to be a material weakness, However, we noted certain other matters involving the internal control over financial reporting that we have reported to management in our Report to Management dated April 13, 2007. INTEGR ITY,.... KNOWLEDGE.... .SER V ICE. .',. COMMITMENT _HY61 CONFERENCE DRIVE SUITE 2. FORT MYERS, FL 33919 Phone (239) 433-1002 . Fax (239) 433-0249 WEB SITE: STCPAS.BIZ ]640 PERIWINKLE WAY SUITE 4. SANIHEL, FI 33957 Phone (219) 395-5325. Fax (23Yj 395-21% 16' 1 A3 Page 32 of36 Compliance and Other Matters As part of obtaining reasonable assurance about whether Collier Soil and Water Conservation District's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants noncompliance with which could have a direct and material effect on the determination of basic financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards, except reported in our Report to management dated April 13, 2007, We also noted certain other matters to management in our Report to management dated April 13, 2007. This report is intended solely for the information and use of the Board of Supervisors, management, the Auditor General of the State of Florida and other federal and state audit agencies. This report is not intended to be, and should not be, used by anyone other than these specified parties, ~ 'du- J l_fl"1' r.4 STROEMER TUSCAN & COMPANY, P.A. Fort Myers, Florida April 13, 2007 STROEMER TUSCAN & COMPANY, PA 16 I 1 A 3 Affiliations Horid~ Institute of Certified Puhlic Accounhmt~ American Institute of Certified Puhlic Accountants M<lnagement Consulting Services Divisioll Private Companio.:s Praclin: Scclioll Tax Divisioll CERTIFIED PUBLIC ACCOUNT ANTS / CONSULTANTS Page 33 of 36 INDEPENDENT AUDITOR'S REPORT TO MANAGEMENT Board of Supervisors Collier Soil and Water Conservation District 14700 lrnmokalee Road Naples, FL 34120 We have audited the basic financial statements of Collier Soil and Water Conservation District (the "District") as of and for the fiscal year ended September 30, 2006 and have issued our report thereon dated April 13, 2007, In connection with our audit, we are submitting the following cornments and recommendations in accordance with Chapter 10,550 "Rules of the Auditor General - Local Governmental Entity Audits" (Revised September 30, 2006) Rule 10.557(3) and Section 218.39(4) of the Florida Statutes. Prior Year Comments that Continue to Applv: 1. Deterioratine Financial Condition Should Be Monitored. As Revised Although we do not believe the District to be in a state of financial emergency, the District did exhibit certain indications of a deteriorating financial condition, as defined by Statute (F,S.218.503). Our financial condition assessment of the District included the use of many procedures, including the indicator testing criteria established by the Office of the Auditor General ofthe State of Florida (Rule 10.550). The use of such criteria indicated factors contributing to the deteriorating financial condition such as little cash or budgetary reserve and annual operational costs approximately equal to revenue. We recommend the Board review its unreserved undesignated fund balance and establish a policy to determine a target and/or planned fund balance to be held for unanticipated and emergency purposes, Planned reserves should also include amounts for future capital investments and/or major repairs and correlate with future budgets. In addition, the District must review future budgets and attempt to reduce and/or limit expenditure increases so as to begin to build reserves for emergencies, operational contingencies, future major repairs and capital asset replacements. INTECR ITY,.... KNOWLEDGE.. .. .SER V ICr., . ,COMM ITM [NT _ H%I CONFERENCE DRIVE SUITE 2. PORT MYERS, FL D919 Phone (239) 433-1002 . Fax (239) 433-0249 WEB SITE: STCPAS.BIZ 1640 PERIWINKLE WAY SUITE 4. SANIBFL, FI _1~957 Phone (n9) 395-5325. Fax (219) 395-2390 161 1 A 3 Page 34 of 36 1. Deterioratinl!: Financial Condition Should Be Monitored. As Revised. continued In summary, the District should continue to monitor its expenditures closely in the future. Operational efficiency and a capital asset condition assessment should be implemented. The six (6) unfavorable financial indicators noted were: 1. Ratio of unreserved fund balance to total expenditures 2. Ratio of cash and investments to total expenditures divided by twelve (12) 3. Ratio of current liabilities to total revenue 4. Ratio of unreserved fund balance to total revenue 5, Cash and investments/current liabilities 6. Excess revenue over expenditures/total revenue Current Year Addendum: During the year ended September 30,2006, we applied required financial condition assessment procedures. The results of those procedures indicate that, in the current year, the District is continuing to exhibit indications of a deteriorating financial condition. The three (3) unfavorable financial indicators noted were: 1. Ratio of unreserved fund balance to total expenditures 2, Excess revenue over expenditures/total revenue 3, Ratio of unreserved fund balance to total revenue We continue to recommend the Board review its unreserved undesignated fund balance and establish a policy to determine a target and/or planned fund balance to be held for unanticipated and emergency purposes. Planned reserves should also include amounts for future capital investments and/or major repairs and correlate with future budgets. In addition, the District must review future budgets and attempt to reduce and/or limit expenditure increases so as to begin to build reserves for emergencies, operational contingencies, future major repairs and capital asset replacements, Current Year Comments: 1. Checks Not Disbursed in Sequence at Year-Ended During the audit for the year ended September 30, 2006, we noted the District issued checks at year end out of sequence. It appears the sequence was broken in a effort to ensure FY 06 invoices were properly recorded. We recommend that all checks be issued in sequence and the capabilities of the accounting software be used to ensure proper cut-off. 161 1 A 1; Page 35 of 36 2. Capital Asset Listine: and Depreciation Schedule Should Be Updated Ree:ularly During the audit for the year ended September 30, 2006, we noted the District did not update the Capital asset summary after disposing of two items in the prior year (FY 05). The District's depreciation schedule also reflected the two items that were disposed of in the prior year (FY 05). We recommend that all additions and dispositions of capital assets be reflected in the District's Capital asset summary and depreciation schedule. We also recommend that the District annually take a physical inventory, as required by Auditor General Rule 10.480(1), to ensure the accuracy of the Capital asset summary and depreciation schedule, 3. Policy for the Timely Submission of Invoices Should Be Adopted During the audit for the year ended September 30, 2006, we noted the District paid for expense reimbursements in which the expense occurred within a range of three (3) fiscal years (FY 04, FY 05, and FY 06). Likewise, the District did not recognize the expense until the disbursement was paid, thereby understating various expenses in FY 04 and FY 05. We recommend that the District adopt a policy requiring timely submission of expense reimbursement requests and any other disbursements and the timely payment of any disbursements. 4. Expenditures in Excess of Bude:et Florida Statute 189.418(3) prohibits actual expenditures in excess of budgeted expenditures. No budgets were adopted for the two special revenue funds because the Board did not anticipate any expenditures; however, both special revenue funds incurred bank charges. Since no budgets, or amendments, were formally adopted, the actual expenditures were in excess of the authorized expenditures in both of the special revenue funds. We recommend the District budget, separately, by fund, all anticipated expenditures and amend the appropriate budgets when unanticipated expenditures are incurred. 5. Required Travel Expense Reimbursement Forms Not Consistently Used During our testing of the District's travel expenditures, we noted that the required travel expense reimbursement form, or a suitable alternative form was not consistently used. Florida Statute 112.061(11)(b)(1) requires the use ofa uniform travel voucher form when a traveler is submitting travel expense statements for payment. The form includes certain certifications or affirmations that are signed by the traveler. We recommend the District only pay travel related expenditures when the request for payment is accompanied by a completed uniform travel voucher form that is signed by the traveler. 161 lA3 Page 36 of36 6. Required Reports not sent per ae:reement with NGGE ROMA During the audit for the year ended September 30, 2006, we noted the District did not submit required reports per the memorandum of Agreement ("MOA") for the North Golden Gates Estates Regional Offsite Mitigation Area ("NGGE ROMA" or "ROMA"), Per the agreement, the District is to submit semi-annual progress letters (due by July 31 and January 31), an annual monitoring report (due by January 31), and an annual financial report (due by January 31) to the Florida Department of Environmental Protection and the Florida Department of Agriculture and Consumer Services, The District did not complete and send these reports to the Departments during FY 06. We recommend the District complete the required reports and submit them timely or obtain a waiver for the required reports, We have included in this letter all comments which came to our attention during the course of our audit regarding Items 1 through 6, as applicable, of the "Rules ofthe Auditor General-Local Governmental Entity Audits," Rule 10.554, Section (1)(h). In regard to Item 2, we represent that the Collier Soil and Water Conservation District has complied with Florida Statute 218.415 regarding investment of public funds. In regard to Item 6(a), nothing came to our attention to cause us to believe that at any time during the year the Collier Soil and Water Conservation District met any of the criteria for being in a state of financial emergency as defined in Florida Statute 218.503(1), In regard to item 6(c)(I), we applied financial condition assessment procedures pursuant to Rule 10.556(7) and noted certain indications of deteriorating financial conditions as defined by Statute. As such, we do not believe the District to be in a state of financial emergency as a consequence of conditions described in Section 218,503(1) of the Florida Statutes. Additionally, in regard to Item 6(b), we represent that the financial report filed with the Department of Financial Services, pursuant to Florida Statute 218.32(1)(a), is in agreement with the annual financial audit report for the same period. This report is intended solely for the information and use of the Board of Supervisors, management, the Auditor General of the State of Florida, and other federal and state audit agencies, This report is not intended to be, and should not be, used by anyone other than these specified parties, ~ ~ t lo"pC)' f.l STROEMER TUSCAN & COMPANY, P,A. Fort Myers, Florida April 13, 2007 161 lA 3 EXHIBIT 161 lA3 Collier Soil & Water Conservation District ] 4700 lmmokalee Road, Naples, Florida 34120 Phone (239)-455-4100. Fax (239) 455-2693 Email: cswcd@comast.net June 21, 2007 Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 RE: Auditee's response to deficiency noted in the financial audit for FYE 9/30/06 Dear Auditor General: Listed below is our response to the comment noted in the financial audit for the year ended September 30,2006, The District responds to the current year comments as follows: 1, Deteriorating financial condition should be monitored, Auditors identified factors contributing to the deteriorating financial condition such as little cash or budgetary reserve and annual operational costs approximately equal to revenue. a. Auditors recommended that the Board review its unreserved undesignated fund balance and establish a policy to determine a target and/or planned fund balance to be held for unanticipated and emergency purposes, including amounts for future capital investments and/or major repairs and correlate with future budgets, District Response: District agrees with finding. Policy for Contingency Reserve for emergencies, operational contingencies, major repairs and capital asset replacement will be established by the end of FY07. b, Auditors recommended that the District must review future budgets and attempt to reduce and/or limit expenditures increases so as to begin to build reserves for emergencies, operational contingencies, future major repairs and capital asset replacements. District Response: District agrees with recommendation, Planned expenditures for remaining months of FY07 will be closely monitored to limit expenditures, Development of FY08 budget will limit expenditures to contribute to reserves, 2, Checks not disbursed in sequence at year-end, Auditors recommended that all checks be issued in sequence and the accounting software be used to ensure proper cut-off. District Response: District agrees with finding and will issue all checks in sequence, 3, Capital asset listing and depreciation schedule should be update regularly. Auditors found that the District did not update the capital asset summary and depreciation 1 161 lA3 schedule after disposing of two items in FY05. They recommended an annual physical inventory, District Response: District agrees with finding and will conduct an annual physical inventory and update the capital asset listing and depreciation schedule. 4. Policy for timely submission of invoices should be adopted. Auditors found that the District paid FY04 and FY05 expense reimbursements in FY06, thereby understating FY04 and FY05 expenses. They recommended that the District adopt a policy requiring timely submission of expense reimbursement requests and timely payment of disbursements, District Response: District agrees with finding and will adopt a policy requiring timely submission of expense reimbursement requests and timely payment of disbursements, 5, Expenditures in excess of budget. A uditors found that no budgets were adopted for the two special revenue funds because the Board did not anticipate any expenditures; however, both special revenue funds incurred bank charges. Technically, since no budgets were adopted, actual expenditures were in excess of the authorized expenditures. They recommended the District prepare budgets for the two funds. District Response: District agrees with finding and will adopt budgets for the two special funds in FY07 and future years. 6, Required travel expense reimbursement forms not consistently used, Auditors found that the required travel expense reimbursement form was not consistently used, They recommended the District only pay travel related expenditures when the request for payment is accompanied by a completed uniform travel voucher form that is signed by the traveler. District Response: District agrees with the finding and will update the travel expense reimbursement form and ensure that travel and reimbursement are properly approved. 7, Required reports not sent per agreement with NGGE ROMA. Auditors found that in FY06 the District did not submit required reports per the Memorandum of Agreement for the North Golden Gate Estates Regional Offsite Mitigation Area, Semi-annual progress letters are due by July 31 and January 31, an annual financial report by January 31 to the Florida Department of Environmental Protection and the Florida Department of Agriculture and Consumer Services, The Auditors recommended that the District complete and submit the required reports or obtain a waiver. District Response: The District will determine what letters/reports have been submitted and take corrective action, If you have any questions or if! may be of further assistance, please do not hesitate to contact me. Sincerely, Kim Bucceri Collier Soil & Water Conservation District Administrative Assistant 2 RECEIVED SEP 1 ; 2007 16118\ Fiala ~- Halas L_/!.4J--..-..-. Henning, ---;:'!/"~ '::oyle ~t:.\..<.---- ~ r ere' 'Joletta ,." HO;)fd 0' '.,;\:;1;ni" :~r.'cr,nl~o;",iOtlers Memorandum From: Sue Filson, Executive Manager, Board of County Commissioners Ak=m-' S"'~ki, Co~""on ColliN 'm,mm C=din"tP September 11, 2007 To: Date: Subject: Transmittal of approved Minutes and referenced attachments from the July 9,2007 Conservation Collier Land Acquisition Advisory Committee Meeting Please find attached the following: . Approved Minutes from the July 9,2007 Conservation Collier Land Acquisition Advisory Committee Meeting Please call me at 213-2961 if you have questions. 1.11" CotTes" Olte; I 0 item.: Cl!fJi~~ to, Environmental Services Department Community Development & Environmental Services Division 161 Jl ):loo~ MINUTES OF THE MEETING OF THE CONSERV A1ION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, July 9,2007 LET IT BE REMEMBERD, that the Conservation Collier Land Acquisition Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION at Administrative Building "F," 3rd Floor, Collier County Government Complex, Naples, Florida, with the following members present: CHAIRMAN: Bill POl<:et Michael Delate Marco Espinar Wayne Jenkins Kevin Kacer Will Kriz Tony Pires (excused) Stan Weiner Mimi Wolok ALSO PRESENT: Jennifer Belpedio, Assistant County Attorney Cindy Erb, Sf. Property Acquisition Specialist Christal Segura, Conservation Collier Land Manager Alexandra Sulecki, Conservation Collier Coordinator 161 I 1 B \ July 9, 2007 I. Roll Call The meeting was called to order at 9:00 AM by Chairman Bill Pote"" Roll call was taken, and a quorum was established. II. Approval of Agenda Mr. Kriz moved to approve the agenda. Second by Mr. Jenkins. Alexandra Sulecki, Conservation Collier Coordinator, stated Agenda Item VI (B) had been amended, Copies of the draft of the Interim Management Plan for Oetting property will be provided to the Committee. Under Item V (A), Ms. Sulecki also advised that Ed Cronyn, Senior Supervising Environmental Analyst, could not make his presentation until approximately II :00 AM. Carried unanimously, 8-0. III. Approval of Minutes Mr. Kriz moved to approve the minutes of the June 9, 2007 meeting. Second by Mr. Delate. Changes: Page 7, Item VI (B): Mr. Kacer stated his Subcommittee was waiting for the Rookery Bay Management Plan in order to develop a Management Plan for the Malt property. Carried unanimously as amended, 8-0. IV. Old Business B. Contracts/ Agreements/Lease (1) Starnes Cindy Erb reported the Starnes agreement and lease have been prepared, Ms. W olok pointed out potentially conflicting terms regarding renewal which Ms. Erb stated would be reviewed. Chairman Poteet questioned whether the oil, gas and mineral lease on the property would be terminated if the County purchased the property. Assistant County Attorney BeIpedio stated the lease would remain in effect and was informed by CREW that it was their position the lease should be revised, She stated she received an email from Attorney Steven Walker which she read, in part, into the record: "While it would be preferable to not have any outstanding potentially conflicting rights not owned by the County CREW, w(' understand the 2 16\ 18\ July 9, 2007 realities of the situation. Therefore, we are not overly "oncemed with the lease to the extent that it is limited to exploration de, elopment of oil and gas, While potentially messy, especially during exploration and initial development, ultimately the surface disturbance is fairly nominal. The current lease, however, seems to grant the lessee the right to engage in surface mining as well, Aside from the potential hydrological impacts on CREW, the surface environment would be completely altered in perpetuity if surface mining were undertaken on the property. While I understand Collier County may have some regulatory control over that activity, I think the County could be subject to a takings claim if it were to attempt to exercise that option. The argument would be that the County would be acquiring, through regulation, that which they did not pay for in the purchase. We would prefer to see the right to surface mining excised from the lease as a condition of the sale, We suggest that Starnes be given a reasonable period of time to seek amendment of the lease eliminating the right to mine the surface. I am basing this request on my reading of the lease. I am not an oil and gas lawyer, however. Therefore, as a second alternative, if Starnes believes that the lease does not authorize the lessee to undertake surface mining, 1 would be willing to review an opinion from an oil/gas lawyer stating so. My first option is, by far, my preferred option." Mr. Kacer agreed that surface mining should be excised from the lease and asked if a motion was required. Assistant County Attorney Belpedio suggested adding language, "the lease will no longer contain a provision for surface mining," Mr. Espinar pointed out that this lease also includes strip mining. Assistant County Attorney Belpedio stated that John Murray asked that the agreement recognized that CREW contributed $300,000 toward the purchase; CREW would not be responsible to pay for damages if the contract was not accepted; or closing costs or any miscellaneous expenses. "Purchaser" included both the County and CREW, Mr. Kriz moved that the Committee recommend to the Board of County Commissioners to purchase the Starnes property as provided in the agreement as long as the leases in the property were amended by removing any reference to minerals and that the leases be subordinated to the extent that oil and gas can be extracted only by directional means. Second by Mr. Espinar. 3 16 IB\ July 9, 2007 Chairman Poteet asked about including references to Phase 1. Mr. Kriz amended his motion to include the property WaS to undergo a Phase I Environmental Assessment and that the term "minerals" would be removed from the lease. He further stated oil and gas could be extracted only by directional means. Assistant County Attorney Belpedio suggested removing references to minerals and mineral-related occupation of the surface. Mr. Kriz added that surface occupancy would not be permitted to the motion. Carried unanimously, 8-0. Ms. Erb stated that money had been allocated for Phase I as part of the Executive Summary. She further stated the total amount of all of the parcels purchased or currently under review to date is $61,957,533.00 A. Real Estate Services Update: "A-List" properties Ms. Erb provided the following summary of the status of the "A-List" properties: (1) The following parcels had closed: . Karen parcel - June 18,2007; . RR Land Trust (16 parcels) - June 22, 2007; . Calo parcel- July 2, 2007 . Rivers/Predmore - July 2, 2007 (2) The following parcels arc scheduled to close: . Price - scheduled for July 16, 2007 . Scherer - scheduled for July 16, 2007 (3) The Connolly Trust has not yet closed. There are issues concerning the land trust, and the County Attorney's office has been asked to assist. (4) The County's offer to purchase has been accepted by RJS, LLC. An agreement has been drafted and further information will be presented in September. Ms. Sulecki stated she received the appraisal ofthe Fleischmann North parcel from Collier County appraiser and the value assessed is $12,000 per acre. There are 12.5 acres. The contribution from Conservation Collier will be $150,000, She stated she would contact the County Manger for clarification regarding purchase of the property. Ms. Erb stated the Transportation Department (Storm water) expected to obtain its permit in September, and would place a conservation easement on the land. 4 161 1 B \ July 9,2007 C. TDR Conveyances - Development of Policy Recommendation Ms. Sulecki stated the attached Executive Summary was the result of a joint meeting between Conservation Collier Ordinance, Policy and Rules (OPl<) Subcommittee and Lands Evaluations and Management Subcommittee, "Bullet point" recommendations were developed. She stated the main issue is long-term management funding, The goal is to present a resolution to the Board of County Commissioners by October to allow the potential of several TORs from the Benfield Road properties. Speakers: Kris Van Lengen, Bonita Bay Group: stated support of the Executive Summary and the Subcommittee's recommendations. He stated Conservation Collier was the best positioned entity to receive parcels within the rural fringe. He reminded the Committee the Early Entry Bonus, which will expire in approximately one year, is an incentive to involve owners of Sending Lands in the TDR program. Joe Thompson, Comprehensive Planning: agreed with Mr. Van Lengen and stated that this was a good situational approach for certain properties. Ms. Wolok moved to adopt the Six Bullet Points contained in the Executive Summary. Second by Mr. Kriz. Carried unanimously, 8-0. Ms. Sulecki presented a revised listing to provide an overview of the lands under review, the proposed property applications for Cycle 5, and the applications that had been rejected, She stated there were eight applications currently under review. She further stated the properties totaled sixty-three acres with an assl.,sed value of two million dollars, V. New Business B. Cycle 5 Applications - new applications report Christal Segura, Environmental Specialist, presented the following property applications: (I) Patel property -located off Woodland Grade Road - 4,9 acres with an assessed value of$139,650 Although the property meets the criteria, Ms. Sulecki pointed out there was a management issue because of all of the A TV trails. Mr. Kacer moved to not consider this property for purchase. Second by Mr. Espinar. Carried unanimously, 8-0. (2) Propero property - located off Logan and Pine Ridge Roads - 2.94 acres with an assessed value of $352,800, The owner is asking $1,400,000. Logan Woods (6.34 acres) was purchased in 2005 for $830,000, The property meets the criteria, 5 16 1 B \ July 9, 2007 Mr. Espinar moved that this property did not meet the criteria. The Chairman noted since there was no second for this m' .tion, it would not be considered. Chairman Poteet moved to proceed with this property. Second by Mr. Kriz. Chairman Poteet stated this property has been described in the MLS listing system as "potential commercial site," Neighbors have approached the Neighborhood Civic Association to keep this as a "green" comer. The OoldenOate Civic Association has recommended Conservation Collier purchase this property, Motion carried, 7-1 with Mr. Espinar opposed. (3) Mr. and Mrs, Riley submitted four separate parcels: Parcel "A" is 1.14 acres with an assessed value of $54,000; Parcel "B" is 5 acres with an assessed value of $240,000; Parcel "C" is 5 acres with an assessed value of $270,000; Parcel "D" is 2.27 acres with an assessed value of $108,000, Mr. Kriz noted these properties were scattered across an area that is currently undergoing development and moved to not proceed Second by Mr. Jenkins. Chairman Poteet asked if, in the future, neighboring properties were proposed, could the Riley parcels be reconsidered? Ms. Sulecki replied affirmatively, Carried unanimously, 8-0. (4) The owner, Mr. Trinh, presented applications for 21 properties totaling 185,5 acres in six different locations, Fourteen parcels (76,5 acres) are in "Sending Lands." Ms. Sulecki spoke with Mr. Trinh about the TDR issues and he stated he was not interested in severing TDR. There was also a five-acre parcel in Unit 53 that is contiguous with a County-owned parcel and has an assessed value of $215,000. There is also an 80-acre parcel in Mcllvane Marsh with an assessed value of $400,000. Ms. W olok moved to proceed with review and ranking of the parcel in Unit 53 and ofthe McIlvane Marsh parcel. Second by Mr. Kriz. Carried unanimously, 8-0. 6 16\ 1 B \ July 9,2007 C. ICSR Reports (1) Devisse parcel-located in North Naples ~ off Euclid Avenue next to the Del La Sol PUD ~ 2,06 acres are classified as uplands, 2.94 ,,"res are wetland, and the assessed value is $750,000 Parks and Recreation has platted a neighborhood park on County-owned lands adjacent to this parcel. There is public access from Euclid - walking access only - there is no parking available. Chairman Poteet pointed out that this was green space within an urban area. (2) Blake, Gore-l and Gore-2: (1-75 area) 11 willing sellers ~ 82 acres - total estimated value of $3, 119,000, The 1-751nterchange at Everglades is on the County's 2015 Plan, The County is currently preparing an Interchange Justification Report ("UR") for the State of Florida Department of Transportation. No funds are currently budgeted from the County's 5-year transportation plan, Dr. Gore presented his own description and history of the properties. Dr. Gore stated he owned property from along 40th Avenue S.E. from the Canal to DeSoto Blvd. and would eventually sell it. D. Outstanding Advisory Committee Member Program No report, E. Coordinator Communications Ms. Sulecki stated she is trying to obtain particulars regarding the tax reform and how it will affect Conservation Collier. There is a potential cut in funding for the next budget year of approximately $2.3 million. Both the Railhead Scrub Final Management Plan and the Cocohatchee Creek Final Management were approved by the Board on June 26, 2007 and is currently in operation. She also mentioned the Board asked her to report on how Conservation Collier properties could potentially be used by other County departments for mitigation for County projects, particularly for County road projects. She did research the question and found there is nothing in the Ordinance to prohibit such use. She further stated that mitigation depends on where the property is located, its size and shape ~ there are several other factors to be considered. Unit 53 is an area where there may be opportunities for mitigation and the Board has directed Conservation Collier to explore those opportunities on a case-by-case basis. 7 161 181 July 9, 2007 She also mentioned there was no direction from the Board concerning changing the Ordinance with regard to mitigation and will present the Ordinance and purchase policy to the Board at the September, 2007 meeting. She stated she would approach the Board for direction in amending the Ordinance and permission to amend it. The City of Naples presented a funding request to the Board to construct a bridge over the Gordon River as part of the Gordon River Greenway, The Board agreed to provide the sum of $1 Million to the City from Conservation Collier. A unified management plan is needed in order for the Board to approve the expenditure.. Assistant County Attorney Belpedio recommended that property to come up through regular channels. She stated in anticipating potential obstacles, she would contact the Attorney for the City of Naples to determine the mechanics of the transaction and how it could work if a property were chosen and placed on the "A-List" for acquisition. VI. Subcommittee Meeting Reports (a) Outreach - Tony Pires, Chair No report. (b) Lands Evaluation and Management - Kevin Kacer, Chair Mr. Kacer stated the Subcommittee did not meet last month, He asked Subcommittee members to review the Interim Management Plan distributed b' Ms. Segura and to report their conclusions directly to her within the next two weeks. (c) Ordinance Policy and Procedures - Will Kriz, Chair No report. BREAK: 10:56 AM RECONVENED: 11:05 AM V. New Business A. Presentation on Mitigation - Ed Cronyn, Sr. Supervisor Environmental Analyst, South Florida Water Management District Mr. Cronyn stated his goal was to explain mitigation opportunities on public lands. He stated the first step is to prevcnt the impacts by examining the site plan to see if anything can be done through design modifications to either reduce or eliminate the impact. The purpose of mitigation is to offset loss of environmental values associated with filling in or dredging the wetlands, R 161 1 B t July 9,2007 One of the most common forms of mitigation is enhancement combined with restoration to bring a property back to its natural state. The public projects that impact wetlands most often are road projects, schools, and fire departments. These impacts can not be avoided, but only minimized, If on-site mitigation is not practical, another option is to utilize a mitigation bank or to mitigate other public lands. A lengthy question and answer period followed. VII. Chair Committee Member Comments No August meeting. The next meeting will be in September. VIII. Public General Comments (None) IX. Staff Comments Mr. Jenkins asked if Conservation Collier retained title to the Mcllvane Marsh properties, He asked if title to all of the acquired properties would be transferred to the State DE?, Ms. Sulecki stated this was being considered for the 2009 Budget Year. Mr. Kacer asked about the progress concerning the Schofield Ranch. Ms. Sulecki replied the Credits had already been severed, it was no longer a candidate for acquisition by the County, There being no further business for the good ofthe County, the meeting was adjourned by order ofthe Chair at 11:32 AM. CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Bill Poteet, Chairman These Minutes were approved by the Committee Chair on as presented , or as amended 9 161 1 B y :p ~ 11, "r:: I'"' , ~.;, . .~ J..) ,;~\l~~~ " 'lfi~'~\ '<;i./L..Li]!'\ .0'..,.",.,'" .0." ~-- . ' ,r'-=' ' .s~?".:c:-~::<~'~~rttr1,,-1 "'-- . - '., ! '7' ,''l-' , 'J ' inji' 'r'!i:!:/'."Jn"~IS COLLIER COL'NTY Fiala -ttr H"~~ Henning Coyle Coletta ~ . ,J(/ September 12, 2007 Dr. Wes Singletary Certified Local Government (CLG) Coordinator Bureau of Historic Preservation R.A, Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dear Mr. Singletary: Please be advised that a public meeting for the Collier County Historic and Archaeological Preservation Board has been scheduled for Wednesday, September 19, 2007 and will begin at 9:15 a.rn, at the Collier County Community Development & Environmental Services Division, Conference Room 610, located at 2800 North Horseshoe Drive, Naples Florida. I have attached the minutes from the August 29, 2007 meeting for your review and records. If you have any questions concerning this meeting, please do not hesitate to call me. My phone number is 239-403-2463 or you can e-mail me at: rne!issazone(wcollierqov Jlgj. Sincerely, cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Istenes Ray Bellows Jeff Klatzkow Melissa Zone Amanda Townsend (Parks & Recreation) Mise Corres: Date:~ tem #,.tkL1.(]0 2 '._,~:j -::510 1 ]i~t'>I'LC l>r("~lT\;ll!i'n/lt\,]I/,-L 16 r lBY ...ieiili(~. ~~~\ :~~~t~j 9, ',c- . CC-a,,'T. j ~.. ., '<:/ " ,J // AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:15 AM. WEDNESDAY, SEPTEl\-1BER 19, 2007 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 610, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL(ATIENDANCE: 2, ADDENDA TO THE AGENDA: 3. APPROVAL OF MINUTES: AUGUST 29,2007 4, DEPARTMENT OF ZONING & LAND DEVELOPMErH REVIEW REPORT: A. WAIVER REQUEST ~ RILEY DREDGE PROJECT 5, OLD BUSINESS: A. TRANSPORTATION PRESENTION ON ACCESS ROAD ~ NEHRLING'S TROPICAL GARDEN 6, NEW BUSINESS: A. LDC ADMENDMENTS 7, DISCUSSION OF ADDENDA 8, ANNOUNCEMENTS 9. ADJOURN F jHistoncalj Archaeological! Agenda J . 19u~;9,20of B v MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, August 29,2007 LET IT BE REMEMBERED, that the Collier County Historical! Archaeological Preservation Board, in and for the County of Collier, having conducted business herein, met on this date at 9: 15 A.M, in REGULAR SESSION at the Collier County Community Development Services Division Conference Room #610, 2800 N, Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Elizabeth Perdichizzi (absent) VICE CHAIRMAN: Thomas Franchino Sharon Kenny John Thompson William Dempsey (absent) Patricia Huff Ardavan Moaveni (absent) STAFF PRESENT: Amanda Townsend, Public Services Cheri Rollins, Zoning Dept. Jeffery Klatzkow, Assist. County Attorney Ray Bellows, Planning Dept. 1 161 August ?9, 2007 1 B 1 1. Roll Calli Attendance: The meeting was called to order by Vice Chairman Thomas Franchino at 9: 15 A.M. Roll Call was taken and a quorum was established. David Tetzlaffofthe Naples Zoo was also present. 2. Addenda to the Agenda Ray Bellows handed out 3 documents for the Boards review: · A National Trust for Historic Preservation Packet · An Economic Impact FlyerfYom the State Dept, of Historic Resources · A book published on DisasterPlanningfor Historic Resources 3. Approval of Minutes: July 18, 2007 John Thompson moved to approve the minutes of July 18, 2007, as presented. Seconded by Sharon Kenny. Carried unanimously 4-0. 4. Department of Zoning & Land Development Review Report Ray Bellows stated they are in the processing of preparing the Certijied Local Government Report which outlines the activities of the last calendar year. It needs to be submitted to the State by October, 5. Old Business A. Nehring's Tropical Garden Update Ray Bellows stated that the Executive Summary is to be taken up by the Board of County Commissioners on September 11, 2007. Amanda Townsend circulated a revised draft of the Executive Summary for review, The revisions approved on July] 8,2007 were contained in the document presented herein today, but there have been some minor alterations subsequent to the approval. A discussion ensued with emphasis on one area of concern: · The wording on page 2, paragraph 2 contained a statement that the HAPB reviewed the draft Naples Zoo Master Plan and plans for a north-south service road and recognizes that as presented these plans are consistent with the recommendations put forth in this executive summary. Jeff Klatzow arrived at 9:30 AM. It was determined that HAPB has not ()fficially reviewed the draft Naples Zoo Master plan and plans for the service road and that the wording needed to be revised to indicate that" The HAPB recognizes that there are development plans for the site. These plans are attached as Exhibits D,E, and F, depicting the Naples Zoo Master Plan and the North-South service road parallel to 2 161 August 29, 2007 1 BV Goodlette-Frank Road. These plans will require a Certificate of Appropriateness from the HAPB at the time of issuance of the appropriate Development Order. " Amanda Townsend left the meeting at 10:15 AM to revise the Executive Summary, The item was tabled. B. US 41 Scenic Highway Designation Status Ray Bellows circulated a letter dated August 3, 2007, sent by Collier Metropolitan Planning Organization regarding a September 14th MPO meeting that will reconsider the designation of the status of US 41 as a Scenic Highway. It was determined that the staff should notifY Elizabeth Perdichizzi to attend the meeting to represent the HAPB Board, 6. Review of Recommendation of Member Application - Elizabeth Perdichizzi Elizabeth Perdichizzi's application for reappointment to the Board was circulated. John Thompson moved to approve the application for her reappointment to the Board to be submitted to the BCC for their approval. Seconded by Patricia Huff. Carried unanimously 4-0. 7. Discussion of Addenda None 8. Announcements Ardavan Moaveni is stepping down and will need to be replaced to represent the "law" category, Amanda Townsend returned at 10:27 AM for continuation of New Business. C. Mar-Good Resort Status - HD-2006-AR-1 0679 Amanda Townsend provided an update on the Mar-Good Resort Neighborhood Park Site Plan Application. . A thorough site inventory has been completed, including which buildings will remain or be demolished. . A final development plan which is to include funding sources will be prepared and submitted within the next few months. . For temporary public use, a neighborhood site plan being prepared for approval to reconfigure the green space. . A canoe kayak launch will be provided, but no boat launch. Continuation of Nehring's Tropical Garden Update Amanda Townsend circulated the revised draft of the Executive Summary. 3 August ",9, 109 Patricia Huff moved to approve the revised executive summary presented subject to the following: On page 2, paragraph 2, line #6 to read "recognizes that there are conceptual development plans for the site". Seconded by Sharon Kenny. Carried unanimously 4-0. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:42 A.M. Historical/Archaeological Preservation Board Elizabeth Perdichizzi, Chairman These minutes approved by the Board/Committee on as presented or as amended 4 1 B rv S'f -/2JtLf 16' IBrv "._J "<'1 .-.,',", COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCIIAli;OLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Rav V. Bellows, Zoning Manager PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Riley Dredge LOCATION: (Common Description) _ 11811 Little Marco Island. Section 24, Township 51 South. Range 25 East. N 100 ft. of S 1099.2FT of Gov. Lot 10 and N 100FT of S 999,2FT of Gov. Lot 10 and N 100FT ofS 1199.2 SUMMARY OF WAIVER REQUEST: The proposed proiect is a maintenance dredge for a single family lot located on Little Marco Island. Although this area is in an area of probability. the proiect consists only of maintenance dredging a pre-existing man-made basin and offloading spoil in to a previouslv utilized spoil site. This project proposes no new excavation of anv kind. therefore we feel it has a low potential for interrupting any historical or archaeological sites. (Propcrties located within an area of llistorical and Archaeological Probability but with a low potential fl11" historical/archaeological sites may petition the Community Development & Environmental Services Administra(or or his designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall he reviewed and acted upon within five (5) Ii ist')t)C :>it's(:r\illi'1J1iFC'f-111~i 1 j ijCii(F1- 16 18V working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc,): George Riley - Owner Mailing Address: N/A Phone: ( ) N/A FAX: B. Name ofagent(s) for applicant, ifany: Turrell, Hall & Associates, Inc. Mailing Address: 3584 Exehanl!:e Ave. Navies, FL 34104 Phone: (239) 643-0166 FAX: 643-6632 C. Name of owner(s) of property: George Rilev Mailing Address: N/A Phone: ( ) N/A FAX: Note: If names in answers to A and/or B are different than name in C, notarized lettcr( s) of authorization from property OWllcr (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked.) i iist,me PI~':',c:;\",ili,ql';-('l11i\i I ~ ';','/i).j 2 16 ' v 18 A. Legal description of subject property. Answer only 1 or 2, as applicable. l. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Plat Book Page ___ Unit Block Lot Section Township Range 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. [f the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified surveyor boundary sketch to be submitted. B. Property dimensions: Section 16 Township 52 S Range 26 E Area: square feet, or 4.83 acres Width along roadway: Depth: c. Present use of property: Residential D. Present zoning classification: Special Treatment Overlav !h!.,l[K !'i'(~.-.;r\dliOi' ;"l'1I1,:,0'1 1/3Jii).\ 3 16 1 B?v SECTION THREE: WAIVER CRITERIA Note: 'T'his provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. The Community Development & Environmental Services Administrator may seek counsel of the chairman of the Historic and Archaeological Preservation Board whcn it is not completely evident that the site is without archaeological or historic value, A. Waiver Request Justification. 1. Interpretation of Aerial Photograph: The property contains a man-made basin and spoil mound that was constructed prior to 1969. 2. Historical Land Use Description: The property is a residential lot and is an unbrid!!ed island that can onlv be accessed bv boat. 3. Land, cover, formation and vegetation description: Please find the attached FLUCCS map. 4. Other: The proposed proiect is a maintenance dred!!e to a pre- existin!! man-made basin with an existin!! spoil area. No new excavation is proposed. therefore we feel that a waiver of Historical and archaeolo!!ical assessment should be permitted. B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. i'<,,;'l~' 1>1~'<:\;I[><1 "'in;C, I 4 16i 1 0/ SECTION FOUR: CERTIFICA nON A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the filc. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 Yz" x 14") folder, Signature of Applicant or Agent c: A~;-E . ~ Printed Name of Applicant or Agent E:.(7c.... 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'III.,'I' :r ' Ii :: tll'.11 l:l , '1 P:\O'53R1'-Y~~ w Il o ;; ~ i: o z ~ ~ , z lI~i ~ c c 1> ~ 0 ill ~ o ~ ill ~ ~ ~ o ~ --l ~ ~ ill ~ ..l - ~ .blJNN ..s.13 ~ ~ ~S ~ :$ ~ ;:1;0;- E liB. .;;!a~ :If ~ o ""i~ ~ z "-' e "'~ <'!>',jl9 -~&3~~ "'"'Q-hlu,-, =~<a ~jJJ ,. c"1 I l 161 18'2/ Text underlined is new text to be added. Tel~ EtriketRral:l~h it Sl;lfmnt te)ft te be deletad. Bold text indicates a defined term LDC Amendment Request ORIGIN: AUTHOR: DEPARTMENT: AMENDMENT CYCLE: Cycle 1, 2007 LDC PAGE: LDC SECTION(S): CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created March 22, 2007. Amend the LDC as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * E. Historical and Archaeological Sites "H". It is the intent of these regulations to recognize the importance and significance of the County's historical and archaeological heritage. To that end, it is the county's intent to protect, preserve, and perpetuate the County's historic and archaeological sites, districts, structures, buildings, and properties. Further, the BCC, finds that these regulations are necessary to protect the public interest, to halt illicit digging or excavation activities which could result in the destruction of prehistoric and historic archaeological sites, and to regulate the use of land in a manner which affords the maximum protection to historical and archaeological sites, districts, structures, buildings, and properties consistent with individual property rights. It is not the intent of this LDC to deny anyone the use of his property, but rather to regulate the use of such property in a manner which will ensure, to the 1 F:\Zonina\2 03 07 E Historic Preservation 090507.doc~-bDC\LDC f.menGlment ferm 131ank\LDC AmenameRt Farm blank (llQeQe).aeG 9/12/2007~ 16l 1 BV Text underlined is new text to be added. Text stril{(3tRrabl~R is mmsnt text to Be aelated. Bold text indicates a defined term greatest degree possible, that historic and archaeological sites, districts, structures, buildings, and properties are protected from damage, destruction, relocations, or exportations. 1. Areas for consideration for inclusion in areas of historicallarchaeological probability shall have one (1) or more of the following characteristics: ~ g. The area is associated with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric, or architectural history that have contributed to the pattern of history in the community, the County, the State of Florida, or the nation; or 2 Q. The area is associated with the lives of persons significant in history; or 3 .Q. The area embodies the distinctive characteristics of a type, period, method, or materials of construction that possess high artistic value, quality of design craftsmanship, or that represent an individual architect or builder's prominence or contribution to the development of the County, the State of Florida, or the nation; or 4 g. The area was the location of historic or prehistoric activities including, but not limited to, habitation, religious, ceremonial, burial, or fortification during a particular period of time, which may maintain a sufficient degree of environmental integrity to reflect a significant aspect of the relationship of the site's original occupants to the environment; or a ~. The area is historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or @ f. The area has yielded or is likely to yield information on local history or prehistory; or +- g. The area derives its primary significance from architectural or artistic distinction of historical importance; or g h. The area is the birthplace or grave of historical figure or is a cemetery which derives its primary significance from graves of persons of importance, from age, from distinctive design features, or from association with historic events; or 9 j. The area is the site of a building or structure removed from its original location which is significant for its architectural value, or is the sole surviving structure associated with historic period, person, or event; or -W 1. The area is a property primarily commemorative in intent, where design, age, tradition, or symbolic value has invested it with its own historical significance; or ~ K The area is an area containing known archaeological sites that 2 F:\Zonina\2 03 07 E Historic Preservation 090507.doc~1-Amend-the-LQ.G\bOC ^mBnGlment ferm bl3nkllOC ^mell9ment farm blaAk (110606)000 9/12/2007~2~= 161 1 B-v Text underlined is new text to be added. Text strihatRfGlJ€lR is surreAl text ts be deletes. Bold text indicates a defined term have not been assessed for significance but are likely to conform to the criteria for historical/archaeological significance or areas where there is a high likelihood that unrecorded sites of potential historical/archaeological significance are present based on prehistoric settlement patterns and existing topographic features; or ~ 1. The area is included in the National Register of Historic Places. 2. Applicability during development review process; county projects; agriculture; waiver request. a. Applicability. Applications for a specific development order as described in subsection[s] 2.2.2€U.2203.07 E.2.b through 2.2.25.3.9 deemed adequate for review which have been submitted prior to the adoption of this section are not required to meet the provisions outlined in the applicable subsection, However, subsequent applications for development orders as described in subsection[s] 203.07 E.2.b 2.2.25.3.2 through !s ~.2.25.3.9 shall comply with the requirements of the applicable subsection. Subsections 2.2.25.3.2 through 2.2.25.3,11 shall become effective upon the adoption, by resolution, of the map of areas of historical/archaeological probability by the board of county commissioners. b. Development of regional impact (DR I). The application for development approval (ADA) for the proposed DRI shall include correspondence from the applicant to the Florida department of state, division of historic resources, indicating that the DRI is in Collier County's designated area of historical archaeological probability. The ADA shall also include an historical archaeological survey and assessment, if required by the division of historic resources. The survey and assessment is subject to review by the community development services administrator or his designee, and recommendations shall be presented to the Collier County planning commission and the board of county commissioners for consideration for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunity to present its recommendations to the planning commission and board of county commissioners at their public hearings. c. Requests for land use change. Property under consideration for a rezone or conditional use which is within an area of historicallarchaeological probability shall have an historical/archaeological survey and assessment prepared by a certified archaeologist to be submitted by the applicant with the land use change request application and is subject to review by the community development services administrator or designee. 3 F:\Zonina\2 03 07 E Historic Preservation 090507.docl-:\Q7 AmaAs tt:Je LDC1lDC ,^.mendfRClAt ferm 1313RI,\lDC ^meAGlR'le~ ~ 9112120079'a.'2Qg7J'2~ 16l 1 Bt't/ Text underlined is new text to be added. Text EtriketRrel:l~tl is E:b1rrent text t8 tl8 aelated. Bold text indicates a defined term The community development services administrator or designee's recommendations derived from the review of a survey and assessment submitted by the applicant shall be presented to the Collier County planning commission and the board of county commissioners for consideration for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunity to present its recommendations to the planning commission and board of county commissioners at their public hearings. d. Building permits. Building permits issued for new structures on property located within an area of historicallarchaeological probability shall be accompanied by a notice that indicates the property is within the area of historicall archaeological probability, The notice shall describe the potential for historical and archaeological sites, structures, artifacts, or buildings, and shall encourage the preservation of such sites, provide reference to applicable state and local laws, and provide reference regarding whom to contact in the event an historicallarchaeological site, structure, artifact or building is discovered. e. Preliminary subdivision plat. Property under consideration for a preliminary ( subdivision plat within an area of historicallarchaeological probability but not subject to requirement (section] b throuqh c 2.225.d.2 or 2.2.25.d.d of this section shall have an historicallarchaeological survey and assessment prepared by a certified archaeologist as defined in article 6 to be submitted by the applicant with the preliminary subdivision plat application and is subject to review ~ ~ community development services administrator or his designee. The community development services administrator or his designee's recommendations derived from the review of a survey and assessment submitted by the applicant shall be presented to the Collier County planning commission and the board of county commissioners for consideration for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunity to present its recommendations at the planning commission and board of county commissioner at their public hearings. f final plat, Final subdivision plat. Property under consideration for a subdivision including construction documents within an area of 4 F:\Zonina\2 03 07 E Historic Preservation 090507.docl:\Q7 ^menGl the LDC1lDC '\mendment ferm bl3RklLDC Amendment ferm ~ 9/12/2007~ 161 1 Brv- Text underlined is new text to be added. Text striketRrSI::I!:JR it GblFreAt t8lEt ts tie deletes. Bold text indicates a defined term historical/archaeological probability but not subject to [section] Q" c, or e 2.2.2a.d.2, 2.2.2a.d.d, or 2.22ad.5 of this section shall have an historicallarchaeological survey and assessment prepared by a certified archaeologist as defined in article 6 to be submitted by the applicant with the final subdivision plat and construction document application and is subject to review by the community development services administrator or his designee. The community development services administrator or his designee's recommendations derived from the review of a survey and assessment submitted by the applicant shall be incorporated into the final subdivision plat and construction document. g. Site development plan (SOP). Property under consideration for an SDP within an area of historical/archaeological probability but not subject to [section~] b, c, e, or f 2.2.25.d.2, 22.25.3.3, 2.2.2535, or 2.2.25.3.6 of this section shall have an historical/archaeological survey and assessment prepared by a certified archaeologist as defined in article 6 to be submitted by the applicant with the SDP application and is subject to review by the community development services administrator or his designee, The community development services administrator or his designee's recommendations derived from the review of a survey and assessment submitted by the applicant shall be incorporated into the final SDP. h. County projects. County-sponsored projects, as defined in article 6, which are located within an area of historicallarchaeological probability_-shall have an historicallarchaeological survey and assessment prepared by a certified archaeologist. The county shall comply with all recommendations outlined in the historicallarchaeological survey and assessment. A copy of the historicall archaeological survey and assessment shall be provided to the preservation board members. i. Agricultural lands. Owners of agricultural land within an area of historicall archaeological probability filing a notice of commencement application for active agricultural production shall be notified in writing by development services staff that the land is in an area of historicallarchaeological probability and that an historicallarchaeological survey and assessment prepared by certified archaeologist is required. Development 5 F:\Zoninq\2 03 07 E Historic Preservation 090507.docl:\07 "meAd the LDC1b..DC :\memIFRent ferFFl t3lankIL-DC AmeR8Ff1ent Farm bIOAI( (11QflQ6j4GG 9/12/20079'e'2907J'26I2OOi' '" .. Bn, i 6'" 1 t/ ..:. i Text underlined is new ext to be added. Text strikethrGblgR is Gblrr-eAt text ts ee deletes. Bold text indicates a defined term services staff (project review) shall not issue a notice of commencement until the historical/archaeological survey and assessment has been completed. The property owner shall adhere to all recommendations provided by the historicallarchaeological survey and assessment. j. Waiver request. Properties located within an area of historicallarchaeological probability with low potential for historicallarchaeological sites may petition the community development services administrator or his designee to waive the requirement for an historicallarchaeological survey and assessment. The waiver application shall be in a form provided by the community development services division. The community development services administrator or his designee shall review and act upon the waiver request within five working days of receiving the application. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites. Justification shall include, but not be limited to, an aerial photograph interpretation, a description of historical and existing land uses, and an analysis of land cover, land formation, and vegetation. The community development services administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeologist where deemed appropriate. The applicant shall bear the cost of such an evaluation by an independent accredited archaeologist. The decision of the community development services administrator or his designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the community development services administrator or his designee regarding a waiver request may appeal to the preservation board. Any party aggrieved by a decision if the preservation board regarding a waiver request may appeal that decision to the board of county commissioners utilizing the procedure outlined in section--'s. 2.2.25.11. k. Previously completed survey and assessments. A survey and assessment completed by a certified archaeologist prior to the enactment of this section which is in accordance with the survey and assessment requirements outlined in section m2.2.251.1 may at the discretion of the property owner be utilized to meet the requirements of this section. The survey and assessment shall be provided to the community development services administrator or his designee and shall be subject to the procedure as outlined in section ~2.2,25,3, 1 through sectionj 2.2.25.3.9 above, I. Historical/archaeological survey and assessment components. Historicall archaeological surveys and assessments required by 6 F:\ZoninQ\2 03 07 E Historic Preservation 090507.dock-\Q7 ^menGl the lDC1lOC ^,menGlment ferm blaAk\LDC .'\meAEl~- I3lsAI{ (11 GaDel.eGG 9/12/20079'a'2QQ7J'2@'2Q07 161 1 B-v Text underlined is new text to be added. Teat slrikett:lrelJ€lR is Gblrrent text ts be Gelated. Bold text indicates a defined term this section shall be consistent with accepted professional procedures and practices as outlined in the historic preservation compliance review program of the Florida Department of State, Division of Historical Resources; and Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716). Subsections m and n 2.2.25.4.1 and 2.2.26.4.2 shall become effective upon the adoption, by resolution, of the map of areas of historical/archaeological probability by the board of county commissioners. m.. Survey and assessment components. Surveys and assessments shall include at a minimum: i. Title page; ii. Table of contents; iii. Report, title and authors; iv. Statement of qualification for each author; v. Description of the project location in terms of geologic and physiographic features, the environment, and land use history; vi. Description of field and laboratory methodology; vii. Description of sites located: a) Significance determination; viii. Recommendations as to further assessment work, site preservation, or mitigation; ix. Appendices: a) Florida Master Site File forms. n, Significance determination. A significance determination of specific sites as required by [section] m, item vii. a. 2.2,25.4.1, item 7.a, of this section is to be based on National Register of Historic Places eligibility criteria, as follows; i. The quality or significance in American history, architecture, archaeology, engineering and culture is present in districts, sites, buildings, structures and projects that possess integrity of location, design, setting, materials, workmanship; and 7 F:\Zonina\2 03 07 E Historic Preservation 090507.docl:\Q7 Pmsm:l tAe LDC\lDC /",meAQFAent ferm slanl{'lDC ,^,mendmeAt Farm- blank (11000")..00 9/12/20079'5'2G073'~ 1 t..' , B''V -rtIr U~rli~ed is ne~ext to be added. Text striketl'lral:Jgt-l is cl:lrr.eFlt text fa l3a deleted. Bold text indicates a defined term ii. That are associated with events that have made a significant contribution to the broad patterns of our history; or iii. That are associated with the lives of persons significant in our past; or IV. That embody the distinctive characteristics of a type, period or method of a type, period, or method of [sic) construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or, v. That have yielded, or may be likely to yield, information important in prehistory or history; or vi. In addition, the importance of historical/archaeological resources to local, county, and state history or prehistory shall be considered in a significance determination, o. Designation of historical/archaeological sites, structures, districts, buildings and properties. p. In addition to the areas of historical/archaeological probability outlined in section 2.2.25.2, specific sites, districts, structures, buildings, and properties may also be designated. Such designation will be based on the following criteria; I. Association with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Collier County, the state or the nation; or ii. Association with the lives of persons significant in history; or iii. Embodiment of the distinctive characteristics of a type, period, method or materials of construction, or that possess high artistic values, quality of design and craftsmanship, or that represent an individual architect or builder's prominence or contribution to the development of Collier County, Florida; or iv. Location of historic or prehistoric activities such as habitation, religious, ceremonial, burial, fortification, etc" during a particular period of time, and may maintain a sufficient degree of environmental integrity to reflect some aspect of the relationship of the site's original occupants to the environment; or v. An historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or 8 F:\Zonina\2 03 07 E Historic Preservation 090507.doch-\Q7-Am8na the L~GG-AffienQmeFlt fGrm bI3Rk'LDC ,^memlment Ferm 131aRI~ (110eO€i).G1oG 9J12/2007Q'€i'200YJI2€i'2gg7 ~~Js newtl Jl :::ed Text strikethrsblgh is Gl::lFFent teJ~ ta tie aslates. Bold text indicates a defined term vi. Have yielded or are likely to yield information on local history or prehistory; or vii. Derive their primary significance from architectural or artistic distinction of historical importance; or viii. Is the birthplace or grave of an historical figure or is a cemetery which derives its primary significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events; or ix. A building or structure removed from its location which is primarily significant for architectural value, or is the surviving structure most importantly associated with an historic period, person or event; or x. A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or xi. Are listed in the National Register of Historic Places. q. The designation of specific sites, structures, buildings, districts, and properties may be initiated by the preservation board or by the property owner. Upon consideration of the preservation board's report, findings, and recommendations and upon consideration of the criteria and guidelines set forth in section 203.07 E 2.2.25.5.1, the board of county commissioners shall approve, by resolution, or deny a petition for historic designation. The application shall be in a form provided by the community development services division. Property owners of record whose land is under consideration for designation initiated by the preservation board shall be provided two notices by certified mail return receipt requested, at least 30 days but no more than 45 days prior to any hearing regarding the historic designation by the preservation board or the board of county commissioners, The first notice shall provide all pertinent information regarding the designation and the preservation board's scheduled meeting date to consider the site. The second notice shall indicate when the board of county commissioners will consider official designation of the site. Notice of public hearing shall be advertised in a newspaper of general circulation 15 days prior to the public hearing for the board of county commissioners. Each designated site, district, structure, property or building shall have a data file maintained by the preservation board. The file shall contain at a minimum: site location; the historical, cultural, or archaeological significance of the site; and the specific criteria from this section qualifying the site. An official listing of all sites and properties throughout Collier County that reflect the prehistoric occupation and historical development of Collier County and its communities, including information, maps, documents and photographic evidence collected to evaluate or substantiate the designation of a particular site, structure, building, property or district shall be maintained at the Collier County Museum. The Collier County Museum shall coordinate preservation and or restoration efforts for any 9 F:\Zonina\2 03 07 E Historic PreselVation 090507.docl:\Q7 AmSRB tAB lDC'LDC AmclRsment ferm 13lank'lDC ^,merH::lmoR~ _ (110000).800 9/1212007910'20073'25.'2097 lCerL is nleao~ded Text strik8thra1:l~1=I is sloment text ta be aelates. Bold text indicates a defined term historicallarchaeological designated building, structure, site, property, or district that is donated to or acquired by Collier County for public use. r. Issuance of certificates of appropriateness. A certificate of appropriateness shall be issued by the preservation board for sites designated in accordance with section Q2.2.25.5.2 before issuance of permits by development services to alter, excavate, relocate, reconstruct or demolish. The certificate of appropriateness shall be issued prior to the issuance of building, tree removal, or demolition permits. s. A certificate of appropriateness shall also be issued prior to the issuance of building permits for new construction within an historicallarchaeological district designated in accordance with section Q2.225.5.2 to ensure harmonious architectural design and to preserve the integrity of the historical/archaeological district. t. The application for certificate of appropriateness shall be in a form provided by the community development services division. The completed application shall be provided to the community development services administrator 20 days prior to the regular monthly meeting of the preservation board who shall schedule the application for consideration at the next regularly scheduled meeting. The preservation board shall meet and act upon an application for a certificate of appropriateness within 60 days of receipt of the application from the community development services division. The preservation board shall approve the application, deny the application, or approve the application with conditions, u. Ordinary repairs and maintenance as defined in article 6 are not required to obtain a certificate of appropriateness. v. Criteria for issuance of a certificate of appropriateness shall be the U.S, Secretary of the Interior's Standards for Rehabilitation, 36 CFR 67 (1983), as amended. The community development services division shall maintain and make available to the public updated copies of the Standards for Rehabilitation. w. All decisions of the preservation board shall be in writing and include findings of fact. Notice of the decision shall be provided to the applicant, and to the development services department (customer services manager and the project review services manager). x. Any party aggrieved by a decision of the preservation board may appeal the decision as outlined in section gg2.2,25.11. y, Incentives. The following incentives may be applicable to specific sites, structures, districts, buildings and properties designated as archaeologically or historically significant pursuant to section Q2.2.25.5. Z. Financial assistance. Historical/archaeological designated sites, districts, structures, buildings, and properties as provided in section Q2.2.25.5.1 shall be eligible for 10 F:\Zonina\2 03 07 E Historic Preservation 0g0507.doc~menQ the LDC\LDC I'menement ferm 13lani(ILDC AmenGlment Ferm- bl3Ak (110€iQ€i).deG 9/12/20079'13'20073'2@12007 Tluftli~ed is n.1e~ ::dded raId Etrikethrald€lR iE> m:JrrBFlt text ta 88 EteleteEl. Bold text indicates a defined term any financial assistance set aside for historic preservation projects by Collier County, the State of Florida or the federal government, provided they meet the requirements of those financial assistance programs. aa. Tax credits. The preservation board shall encourage and assist in the nomination of eligible income-producing properties to the National Register of Historic Places in order to make available to those property owners the investment tax credits for certified rehabilitations pursuant to the Tax Reform Act of 1986 and any other programs offered through the National Register. bb. Building code. Historical/archaeological sites, districts, structures, buildings, and properties designated pursuant to section Q22.25.5 may be eligible for administrative variances or other forms of relief from applicable building codes as follows: cc. Repairs and alterations. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building or structure may be made without conformance to the technical requirements of the Standard Building Code when the proposed work has been issued a certificate of appropriateness by the preservation board and approved by the community development services administrator or his designee, pursuant to the authority granted to the community development services administrator or his designee by other divisions or statutes and further provided that: i. The restored building will be no more hazardous based on consideration of life, fire and sanitation safety than it was in its original condition. ii. Plans and specifications are sealed by a Florida registered architect or engineer, if required by the building official. iii. The community development services administrator or his designee has required the minimum necessary correction to be made before use and occupancy which will be in the public interest of health, safety and welfare. dd. Zoning ordinance. The County Manager or designee may, by written administrative decision, approve any variance request for any designated historicallarchaeological site, district, structure, building and property pursuant to section g2.2.2&5 which has received a certificate of appropriateness from the preservation board for matters involving setbacks, lot width, depth, area requirements, land development regulations, height limitations, open space requirements, parking requirements, and other similar zoning variances not related to a change in use of the property in question. In addition, contributing projects as defined in article 6 are eligible for administrative zoning ordinance variances. i. Before granting an administrative variance the County Manager or designee must find: 11 F:\Zonina\2 03 07 E Historic Preservation 0905D7.docl:\Q; AmeAEl tAB LDC\LDC /\mCAQment ferm BlaRj~\LDC '\merH:.lment fOfffi- olaRk (119.0.),_ 9/12/20079'a'290731~ .. f.., 1 Bv Text-.b.dQneJ is new text to be added. Tam striketRr8lJgt::l is Gl:lrmRt text ta sa deleted. Bold text indicates a defined term a) That the variance will be in harmony with the general appearance and character of the community. b) That the variance will not be injurious to the area involved or otherwise detrimental to the public health, safety or welfare. c) That the proposed work is designed and arranged on the site in a manner that minimizes visual impact on the adjacent properties. ii. In granting any variances, the community development services administrator or his designee may prescribe any appropriate conditions necessary to protect and further the interest of the area and abutting properties, including but not limited to: a) Landscape materials, walls and fences as required buffering. b) Modifications to the orientation of points of ingress and egress. c) Modifications of site design features. ee. Open space. Historical/archaeological resources that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological resources shall qualify for any open space requirements mandated by the development regulations, ff. Density calculations. Acreage associated with historicallarchaeological resources preserved within the boundaries of a project shall be included in calculating the project's permitted density. gg. Appeal. Anv partv aqqrieved bv a decision or interpretation of this division made bv the community development services administrator or the preservation board shall have the riqht to appeal said interpretation, decision or denial to the board of county commissioners by filinq a written notice of appeal with the community development services administrator within 30 workinq days from the date of such decision, interpretation, or denial. The community development services administrator shall provide the board of county commissioners with a COpy of said notice of appeal. The notice of appeal shall be provided to the applicant by certified nail, return receipt requested, and shall state the decision which is beinq appealed, the qrounds for the appeal, and a brief summary of the relief which is souqht. Within 30 workinq days of the date of filinq the appeal. or the first reqular county commission meetinq which is scheduled, whichever is latest in time, the board of county commissioners shall hear the appeal and issue a final decision. Nothinq contained herein shall preclude the county commissioners from seekinq additional information prior to renderinq a final decision. Tho npplicant or any aggrieved property owner in tho nroa mny appenl tho docision of tho community 12 F:\Zonina\2 03 07 E Historic Preservation 090507.docl:\07 ^,menEl the L-DG-\bOCf'men9ment ferm 13laAkILDC r,meFli:lmeAt Form _ (11 0€i0€i),~9G 9/12/20079'€i'20072'26/200+ 1~ ~Jlined is 1 t~ t::: added Tent strikethrel::lgh is current text ta Be deletes. Bold text indicates a defined term development services 3dministrator or his designee 3ccerding to the provisions outlined in soction 2,2.28.11. hh. Discovery or accidental disturbance of historical/archaeological sites and properties during construction. ii. Discovery or accidental disturbance of historical/archaeological sites and properties during construction. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the following procedures shall be followed: a) The community development services administrator or his designee and compliance services shall be contacted, b) Compliance services shall officially notify the property ownerldeveloper of the discovery within 24 hours and issue a stop work order. c) A certified archaeologist contracted by the property ownerldeveloper shall determine whether the discovery site requires further investigation based upon the size and distribution of this site, depth of deposits, soil type, vegetation, and topography. i) If the site requires further investigation, the certified archaeologist shall cordon off the identified area, at a point ten feet from the perimeter of the discovery site. ii) If the discovery site does not require further investigation, construction activity may resume after authorization by a certified archaeologist. d) The certified archaeologist shall make recommendations for the treatment of accidental discoveries based on standards outlined in the "Treatment of Archaeological Properties" in accordance with 36 CFR part 800. These recommendations shall be considered for incorporation into the applicable local development order. e) The certified archaeologist shall expeditiously assess the cordoned-off area and determine whether it is significant based on criteria outlined in section D,2.2.25.1.2. i) If the identified area is determined to be significant, an historicall archaeological survey and assessment shall be prepared by a certified archaeologist for the entire project if one has not been completed as required by this division. The certified archaeologist's recommendations derived from his survey and assessment shall be considered for incorporation into the applicable local development order. If an 13 F:\Zonina\2 03 07 E Historic Preservation 090507.docl:\Q7 ^R:J8nEl the U?C\LDC ^.menGlmeFlt fGrm I3t3RI'\LDC l\meRGlment Ferm-- slanl, (1 'OeOe).a.e 9112120079'0'200731;161;1007 16l 1 BZ- Text underlined is new text to be added. Text striketl:lrel::lQR is GlJrrsnt text te l3e aelates. Bold text indicates a defined term historical/archaeological survey and assessment has been prepared in accordance with section m2.2.25.1.1 and section n2.2.25.1.2, the recommendations shall be modified and incorporated into the local development order to reflect the additional site(s). ii) If the identified area is determined not to be significant, a preliminary survey of the entire project shall be conducted by a certified archaeologist. Any sites determined to be significant during the preliminary survey shall be subject to requirements in section !~2.2.25.& 1, item d.a. Construction activity within the cordoned-off area may continue after all necessary artifacts and indicators have been recorded and upon authorization by a certified archaeologist. f) The certified archaeologist shall prepare a report outlining the results of his assessment and provide a copy to the community development services administrator or his designee. The community development services administrator or his designee shall provide a copy of the report to the preservation board members. g) Land areas in close proximity to the discovery site deemed to have historical/archaeological significance based on the criteria in section n2.2.25.1.2 shall be considered by the preservation board for addition to the map of areas of historical/archaeological probability. jj. Discovery of historical or archeological sites and properlies during site inspection. If, during a project review site inspection, an historic or archaeological site, significant artifact, or other indicator is found, the following procedures shall be implemented. i. The project review staff shall cordon off the immediate area and contact the community development services administrator or his designee. ii. The identified area shall be further cordoned off at a point ten feet from the perimeter of the discovery site as identified by a certified archaeologist, contracted by the property ownerldeveloper. iii. The certified archaeologist shall assess the identified area and determine whether it is significant based on criteria outlined in section n2.2.25.1.2. a) If the identified area is determined to be significant, an historicall archaeological survey and assessment for the entire project shall be prepared by a certified archaeologist if one has not been completed as required by this division. Recommendations derived from the historicallarchaeological survey and assessment shall be considered for incorporation into the applicable development order. If an historicallarchaeological survey and assessment has been prepared in accordance with section s~, the recommendations shall be modified 14 F:\Zonina\2 03 07 E Historic Preservation 090507.docl:\07 ^mGnEl--tRe--h-GG\b.DG-AmeAGment ferm b13nk'lDC "mendment Farm Gtank (11GGO€i).9GG 9/12/20079I1312007J'2a'2007 161 1 B ~ Text underlined is new text to be added. Text stFikethreblfjR is SblrFeAt text t8 S8 deletes. Bold text indicates a defined term and incorporated into the local development order to reflect the additional areas. b) If the identified area is determined not to be significant, the certified archaeologist shall complete a preliminary survey of the entire site. Any areas determined to be significant during the preliminary survey shall be subject to the requirements detailed in section ii. item iii.a22,25.8.2, itom :h'i. iv. Land areas in close proximity and encompassing areas deemed to have historicallarchaeological significance based on criteria in section !}2.2.251.2 shall be considered by the preservation board for addition to the map of areas of historicallarchaeological probability. v. The certified archaeologist shall prepare a report outlining the results of his assessment and provide a copy to the community development services administrator or his designee. The community development services administrator or his designee shall provide a copy of the report to the preservation board members, kk. Willful disturbance of historical/archaeologically significant sites, districts, structures, buildings, and properties. Willful looting, pillaging, vandalizing or desecration, as defined by this division, of historicallarchaeologically significant sites, districts, structures, buildings, and properties constitutes a violation of section ];~ punishable as described in section 0022.25.13. II. Willful disturbance of an unmarked burial or burial site. It is a violation of section ];~ for any person to willfully and knowingly disturb an unmarked burial or burial site, or destroy, mutilate, deface, injure or remove any burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts or other structures or items placed or designed for a memorial, or to disturb the contents of a tomb or grave or for any person to have knowledge that an unmarked human burial is being disturbed, vandalized, or damaged and to fail to notify the local law enforcement agency with jurisdiction in the area. Such actions may also be punishable as a felony pursuant to F.S. ch. 872. mm, Appeals. Any party aggrieved by a decision or interpretation of this division made by the community development services administrator or the preservation hoard shall have the right to appeal said interpretation, decision or denial to the board of county commissioners by filing a written notice of appeal with the community development services administrator within 30 working days from the date of such decision, interpretation, or denial. The community development services administrator shall provide the board of county commissioners with a copy of said notice of appeal. The notice of appeal shall be provided to the applicant by certified mail, return receipt requested, and shall state the decision which is being appealed, the grounds for the appeal, and a brief summary of the relief which is sought. Within'3D working days of the date of filing the appeal, or the first regular county commission meeting which is scheduled, whichever is latest in time, the board of county commissioners shall hear the appeal and issue 15 F:\Zonina\2 03 07 E Historic Preservation 090507.doc\.:..JD7 j\menEl t!:l8 LDC'lDG--AmeRdment rorffi elank'lOC AmendmeAt Ferm i>laflk-{11QeQe).deG 9/12/200791512~200;z TluQrlit is nel] b~d Text strikethreblijA is Sl:lrFElRt text 113 eo delete8. Bold text indicates a defined term a final decision. Nothing contained herein shall preclude the county commissioners from seeking additional information prior to rendering a final decision. nn. Jurisdiction. Section s~ shall apply to all unincorporated areas of Collier County, Florida. I 00. Penalties. A violation of the provisions of section s~ shall constitute a misdemeanor and shall be prosecuted in the name of the state in the county court by the prosecuting attorney, and upon conviction shall be punishable by civil or criminal penalties including a fine of not more than $500.00 per violation per day for each day the violation continues or whatever reasonable amount as a judge may feel appropriate and including a requirement that any work or development performed contrary to section s~ must be removed and the property returned to its condition at commencement of said action. The board of county commissioners shall have the power to collaterally enforce the provisions of section s~ by appropriate judicial writ of proceeding notwithstanding any prosecution as a misdemeanor. State law reference-Penalty for ordinance violations, F.S. S 125.69. (Ord. No. 92-73, S 2; Ord. No. 94-58, S 3,10-21-94) 16 F:\Zonina\2 03 07 E Historic Preservation 090507.docl:\07 ^,menEl the LDC1LDC ,^ meAameAt fGrm-.tHaAk\b.OC-AFRefldme.Rt--F....{}R+l-- olaRk (110606).<100 9/12/2007~_7 Fiata _~ Halas u~~ 6 I Hennlng~ Coyle COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8'30 A.M., TMB~tfA , MBER {O, 2007, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: AGENDA 1 B? NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY p;jOM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION _r-:\'Jt~R GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK t( /C. JlN AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO 12" <=. \ ;. l\'l\lHA VE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA C,'t:< Pi\QteMS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO '.' .;,.y,-~.o''''''l'HE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS 'A^'OO\CU INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE v,V APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE ccpe WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE A V AILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES ~ AUGUST 2, 2007, REGULAR MEETING; AUGUST 8, 2007, SPECIAL LDC MEETING 6. BCC REPORT- RECAPS ~ Not Available At This Time 7. CHAIRMAN'S REPORT 7 A. REOPEN CONTINUED LDC MEETING: RECONVENING OF THE PUBLIC HEARING FOR LDC AMENDMENT 2007 CYCLE I I. Review of Proposed Outdoor Seating/Entertainment LDC Amendment CLOSE CONTINUED LDC MEETING 8. ADVERTISED PUBLIC HEARINGS A. Petition: CPSP-2007-7. Petition creating a new Public School Facilities Element with support document, and amending the Capital Improvement Element and Intergovernmental Coordination Element of the Growth Management Plan to establish a public school concurrency program. This is a companion item to the School Concurrency Inter-local Agreement between the Collier County District School Board and Collier County Board of County Commissioners and the cities of Marco Islan~.cW-'s and Naples. (Coordinator: Michele Mosca, AICP, Principal Planner) 1 Cvp.es to 16 lB~ B. Petition: PUDZ-2005-AR-7883, Habitat for Humanity of Collier County, Inc., represented by Dwight Nadeau, of RW A, Inc., is requesting a rezone to the Habitat-Woodcrest RPUD on I I.2 acres of land ITom the Agricultural (A) Zoning District, to allow for a maximum 66 residential units. The subject property is located on the west side of Wood crest Drive, south of Immokalee, just north of Acremaker Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: John-David Moss) CONT FROM 9/6/07 C. Petition: VA-2007-AR-11577, B F Ft. Myers, Inc., represented by Robert 1. Mulhere, AICP, RWA, Inc. and working in conjunction with the Collier County Attorney's office, is requesting a variance for an out parcel (presently improved with a Wendy's Restaurant), resulting from the "taking" of a +/_ 15.0 foot road easement for the expansion of Immokalee Road, to allow for parking within I I feet of the property ITont line along Immokalee Road Additionally, a variance of 9 feet is requested ITom the required 20 foot wide landscape buffer width per LDC section 4.06.02CA, to allow for an II foot wide landscape buffer. The subject property, within the Green Tree PUD (Ordinance 81-58), is located at 10941 Airport Road North, in Section 26, Township 48 South, Range 25 East, of Collier County, Florida. (Coordinator: Willie Brown) D. Petition: V A-2007.AR-I 1625, Terence W, Conroy, beneficiary of William Hogan, trustee for the Southport Cove Nominee Trust, represented by Robert Lockhart, of Lockhart Engineering, Inc., and Richard D. Yovanovich, of Goodlette, Coleman, and Johnson, P.A., requesting a variance of 20 feet from the required waterITont setback of 30 feet as provided for in Section IO.5A.G. of the Lely Barefoot Beach PUD (Ordinance number 85-21). The subject .2H acre property has a single family dwelling unit that proposes to add a swimming pool, pool deck and screened enclosure that encroaches 20 feet into the required 30 setback and reduces the required setback to 10 feet. The subject property is located at 58 South port Cove, Lot 42, South port on the Bay Subdivision, Unit One, Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Nancy Gundlach) E. Petition: PUDA-2007-AR-1 1283, Wing South, Inc., represented by Heidi Williams, AICP ofQ. Grady Minor and Associates, P.A., requesting an amendment of the ShadowWood Planned Unit Development (PUD) Ordinance No. 82-49 to increase the number of single family dwelling units from 11 units to a maximum of 16 units by increasing Single Family Residential (Tract B) ITom 3.7 acres to 5.68 acres and reducing the acreage of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. The subject property is located on the north side of Rattlesnake-Hammock Road, approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake-Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Nancy Gundlach) F. Petition: PUDZ.2006-AR-9577, Page VI, LLC, represented by Tim Hancock, of Davidson Engineering, Inc., is requesting a PUD Rezone for the Della Rosa RPUD. The rezoning request is to rezone ITom A (Agriculture) zoning district to the RPUD (Residential Planned Unit Development) zoning district. The proposed RPUD is located within the Urban Mixed Use District which allows for a base residential density of 4 units an acre and the Growth Management Plan (GMP) infill provision allows for a maximum of 3 additional units an acre. The RPUD meets those requirements and is requesting a density of up to 7 units an acre, for a total maximum of 107 residential dwelling units. The subject property, consisting of 15.38 acres, is located on the east side of Livingston Road, approximately 2 miles north of Immokalee Rd, in Section 13, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Melissa Zone) CONT TO 10/4/07 G. Petition: PUDZ.2006-AR-I0376, Radio Road Joint Venture, represented by Michael R. Fernandez of Planning Development Incorporated, is requesting a rezone from Industrial (I) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for the Lane Park CPUD to allow development of a maximum of 50,000 square feet of commercial uses. The subject property, consisting of 5.27 acres, is located at the northwest corner of Radio Road and Livingston Road, in Section 36, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Kay Deselem) 9. OLD BUSINESS ;~~:' . " . .", ~ 10. NEW BH-SlNESS 2 161 I l. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 9/20/07 cepe Agenda/RB/sp/mklmm 3 103 1 i~gLst 8~~f TRANSCRIPT OF THE MEETING OF THE LAND DEVELOPMENT CODE AMENDMENTS COLLIER COUNTY PLANNING COMMISSION Naples, Florida August 8, 2006 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Lindy Adelstein Donna Reed Caron Tor Ko1flat Paul Midney Robert Murray Brad Schiffer Russell Tuff (Absent) Robert Vigliotti (Absent) ALSO PRESENT: Ray Bellows, Zoning & Land Dev. Review Joseph Schmitt, CDES Administrator Catherine Fabacher, LDC Coordinator Marjorie Student-Stirling, Assistant County Attorney Page 1 16i l~J August 8, 2007 CHAIRMAN STRAIN: Good morning, everyone. Meeting will come to order. If you could please rise for the pledge of allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you. And welcome to the continuation of the first cycle of LDC amendments. We have a long list of amendments to go through this morning. But before we do we'll need roll call by our secretary. COMMISSIONER CARON: Mr. Ko1fIat? COMMISSIONER KOLFLA T: Here. COMMISSIONER CARON: Mr. Schiffer? COMMISSIONER SCHIFFER: Here. COMMISSIONER CARON: Mr. Midney? COMMISSIONER MIDNEY: Here. COMMISSIONER CARON: Ms. Caron is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein? COMMISSIONER ADELSTEIN: Here, COMMISSIONER CARON: Mr. Murray? COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti and Mr. Tuffare absent. CHAIRMAN STRAIN: Okay, thank you. Are there any -- well, the agenda today is strictly the LDC amendments. Anybody have any other issues they would like to bring up at the end? (No response.) CHAIRMAN STRAIN: Okay, for those in the audience, which are few and far between -- and I know Clay is here for the helicopter, helispot (sic) or heliport issue -- so this probably won't apply to anybody. But the two items that were going to be on today's agenda, the outdoor seating issue for restaurants and the emergency generator amendments, will not be heard at this particular meeting. They will be continued to the next meeting that we end up continuing this meeting to. So other than that, hopefully we'll get through all the rest here today. And Catherine, 1 think the first one on our list is -- you have it as heliports, but I think we really want to call it helispots, but we'll see. MS. FABACHER: Okay, great. And Clay Brooker is going to make his presentation. Mr. Stephen Hruby is here, too, the architect. And this is a private petition so they're making -- CHAIRMAN STRAIN: Will you tell us the page that we'll be -- it starts on? MS. F ABACHER: I'm sorry. Okay, we're on Page G of the summary sheet and Page 97 in the green book. CHAIRMAN STRAIN: Thank you. Okay, Mr. Brooker, go ahead. MR. BROOKER: Good morning, Commissioners. My name is Clay Brooker. I'm with the law firm of Chefry, Passidomo, Wilson and Johnson. I am here on behalf of the applicant, E.B. Simmons Electrical, Incorporated, the principal of which is Bernie Simmons. With me is the architect -- our architectural consultant, Stephen Hruby from Architects Unlimited. We have proposed before you an amendment that sets forth some siting locationa1 criteria for heliports. That's a term of art in the state and federal regulatory scheme. And 1 believe the latest version of Page 2 16 I 1 Bro August 8, 2007 that amendment is included in your packets. It has gone through maybe a couple of revisions pursuant to prior public hearings before DSAC and EAC, as well as meetings with staff. The premise of all this, and I think we all should keep in mind, is currently the existing law, which binds us all, allows as of right in the industrial zoning district a category of uses called transportation by air. That's been in the Land Development Code for a minimum of 17, 18 years; probably more than that, 1 don't know, I didn't go beyond 1991. But that category of uses, transportation by air, includes a whole host of uses, including: Airports. Full-fledged airports right now are permitted as of right in the industrial zoning district. Flying fields, scheduled and nonscheduled air transportation, air courier services, air cargo carriers, air passenger carriers, air ambulance services, air taxi services, and helicopter carriers, to name a few. All of those fall within the transportation by air category, which is today permitted as of right in the industrial zoning district. My client came along and wanted to move his electrical business to an address I believe on Enterprise Avenue -- Enterprise Avenue in the industrial zone there I guess somewhat northeast of Naples Municipal Airport. In connection with that electrical business, he submitted an SDP to have the building built, and included a helipad on top of one of the buildings. That SDP, with the he1ipad noted, was initially approved by staff, presumably because transportation by air is already permitted as a right. So what we were proposing through that SDP was just a helipad for use in conjunction with his business. So initially approved by staff, the SDP. Sometime later we were notified that there was some unease or uncomfort with a he1ipad being proposed. Staff just didn't know what they were getting into, 1 guess, with that and retracted the SDP approval. We obviously met with staff over that and the staff said well, even though transportation by air is a permitted right in the industrial zoning district, we ask that you propose a Land Development Code amendment, pay the $3,000, go through the whole process and see if you can get it. So that's why we're here. The proposal before you is very narrowly crafted. And 1 will freely admit right up front that it may curtail existing private property rights. Again, transportation by air is permitted as a right. And so if we start changing the rules, imposing restrictions, then there's the possibility that some industrial property owners may consider this amendment curtailment of their private property rights. But because of the concerns of staff and because my client simply wanted to have a he1ipad to use in conjunction with his business, especially during emergency times such as hurricanes or in the aftermath of hurricanes, we have made this proposal as conservative as we could possibly stand. So what it does, the proposal -- what it does is it makes every heliport a conditional use, not a permitted right or a permitted use as of right but a conditional use with one exception. And the one exception is if you are -- if you have a permitted use in the industrial zoning district, such as an electrical contractor business, like my client, you can put in a helipad as an accessory use, as long as you meet a 1,500-foot residential setback. Any residential zones or any PUDs, the residential component of a PUD, you have to be 1,500 feet back away from that residential development. And we were there -- our attempt there was to create a large buffer so -- in terms of a compatibility or a noise or that type of issue, away from residential development, we would be far enough away where it would not be an issue. We've been asked where did you come up with the 1,500 feet? It's a combination of two things: Number one, we looked at other jurisdictions around the State of Florida. The highest we could find was 300 feet. And so we've -- we looked what was frankly around our property, and we imposed the largest Page 3 161 1B7 August 8, 2007 setback we could live with. DSAC picked up on that. The questions to us were well, aren't you somewhat cherry picking? What about the other industrial property owners that are within 1,500 feet, aren't you leaving them out in the cold? Yeah, So DSAC's recommendation was we don't like the 1,500-foot setback because it is an industrial zone. Any residential development, any person who decides to move into a residence across the street from industrial zone, they should be aware of what's across the street from them and live with it. It comes with the territory, so to speak. So we have no objection to playing around with that 1,500 number. But that is our proposal. In conjunction with this, there's been a lot of talk about the compatibility issue. And I'll get -- and there's other questions about heliports versus helistops and helipads and all that sort of thing, all of which are terms of art in the state and federal regulatory scheme, So we have to be careful with how we use those terms. However, there's -- with respect to the compatibility, the -- there's a state airport licensing law, that's Chapter 330 of the Florida Statutes. It expressly states that a local government can't get involved in the operation and design of heliports or airports. Local governments simply don't have the expertise to do so, The Florida Department of Transportation does, and they have preempted that field and reserved that authority to them. But the state airport licensing law says you can impose zoning setback, for example, setback restrictions from a pure 10cationa1 standpoint. So that's again why we've come up with the 1,500-foot residential setback, to try to address zoning compatibility without encroaching into the authority of the state. And I'd like to try to give you -- the state and federal regulatory scheme is comprehensive. The documents that are involved are very, very thick. They address every facet that you could imagine that would -- that accompanies an airport or a heliport. In order for us to get site approval from the state -- this is the state first, because we also have to get site approval from the FAA, the Federal Aviation Administration. But from the state, which is the Florida Department of Transportation, we have to do -- and this is a sununary. There's more to it but this is just a summary. The applicant must give notice to all VFR, that means visual flight rules, YFR airports and heliports within three miles of the proposed location, and notice to all IFR, instrument flight rules, airports within 10 miles. Number two, we have to submit a statement of compliance from in this case Collier County that we comply with any Collier County zoning regulations, Number three, we have to give notice to all owners of property located within 300 feet of us. Number four, we have to advertise in a local newspaper our proposed location. Number five, we have to submit memos of understanding from all airports within three miles of the proposed site regarding air traffic pattern separation. We've already talked to Ted Soliday in that regard, the Naples Municipal Airport. Informally he has told us he doesn't have any real problem with this proposal, but it's going to go through the normal process. All of that notice goes out to these surrounding property owners to surrounding airports, to the public in general, solicits their input, and the State Department of Transportation must give adequate -- what they call adequate consideration to that public input before they determine that you have site approval. Finally, they require FAA approval. The FAA approval has its own comprehensive evaluation of a site, elements that we have to meet, documents that we have to submit. And in addition -- well, I would say in particular, I'd like to point out that in regard to the FAA approval, you have to submit what's called Page 4 lBJ 8, JO~5 an environmental assessment. That environmental assessment must address noise, historic and cultural resources, wildlife, energy conservation, land usage, air quality, water quality, pollution prevention, light emissions, other visual impacts, electromagnetic fields, and other public health and safety issues, In addition, the FAA application must list all schools, churches and residential communities within one mile of the proposed site, and we have to notify the FAA of all nearby hospitals and wildlife areas that may be impacted. That's just one aspect of the FAA approval process. And the reason why I'm going through a little bit of detail in explaining all of this is, to hear the county say well we're worried about compatibility, the state and federal regulatory scheme is so comprehensive it takes into account everything and more that staff has ever dreamed of mentioning to us in our meetings. So we believe the compatibility is well protected, the compatibility issue is well protected. There's two other things that I'd like to mention with regard to trying to protect -- or trying to ensure compatibility and trying to protect nearby property owners. One is: With regard to that private use heliport or private use he1ipad that can be permitted as of right as proposed in an industrial section after the 1,500 foot setbacks are applied, we have limited the size of helicopter that can come in. And the reason we do so, in meetings with Joe, Joe's experience in the military, you know, he's thinking of these dual rotor big massive copters that can carry 40 or 50 troops coming in and landing on top of a roof. We don't anticipate that to be happening, so we said fine, we'll impose a limitation. Single-engine helicopters less than 12,000 pounds, and that will protect surrounding property owners, knowing that you're not going to be bringing in overly large helicopters. And also, there's a noise component to that as well. We're expressly subject with regard to noise, we're expressly subject to the noise control ordinance in the county. Secondly, what we've done is the state and the federal regulations require a safe approach and departure path. So if there are any existing obstructions to air -- to flights, a tower or a building, we may not get site approval. And the buildings around this particular property and probably other properties in the industrial zone are not built up yet. They're not built to the permitted height. I don't know what the permitted height in industrial is, 35 or 50 feet something along those lines. MS. F ABACHER: Fifty. MR. BROOKER: Fifty feet. So what we've done is -- and our proposal said for you to get approval from the state and the feds, we don't care -- the county's not going to care what's actually there next to you. Instead you have to get approval from the state and feds by telling them that they have to assume there's a 50-foot building all around you. So in that way we preserved everyone around us their private property rights. Us putting in a helipad is never going to stop someone from putting in a 50-foot building next store if they wish to do so. And in that way we've tried to protect their rights to build at a height that's permitted in the industrial zoning district. With that, I will conclude. Again, what we've done is we've taken an ultra conservative approach, we think. The only heliport that would be permitted as of right without going through the conditional use process is one that's in the industrial zoning district and meets the astringent 1,500 foot setback from residential development. And everything else must go through conditional use process. 1 guess 1 should mention, because the issue came up, about heliport versus helistop versus he1ipad. Can't use the term he1ipad. That's a term of art. A helipad refers to the exact area that a helicopter actually lands on and takes off from. So there's been talk about well, why not just put a definition in there, because we don't want fuel Page 5 161 lB~ August 8, 2007 facilities coming into the industrial zoning district to fuel up these helicopters, because that creates a whole host of other problems. And by the way, it creates a whole host of other problems with the state and regulatory scheme as well. We're not proposing on our property to do that. But 1 can understand why that would be a circumstance where the county may want to take a look at that themselves before allowing such fuel type facilities to come in. So what we would propose is in the section that deals with a private use heliport -- in our proposal, a private use heliport is allowed as an accessory use, we can add a sentence there to the end that says however, under these circumstances fuel facilities and such are not permitted without conditional use approval. So what that would mean is a heliport as -- and we use that term because it's consistently used throughout the state and federal regulatory scheme as a term of art, and we want to make sure all that scheme applies what we're talking to here, that's why we use the term heliport. But if you come in with a heliport that doesn't include fueling facilities, then you are permitted as of right, as an accessory use in the industrial zoning district. If you want fuel facilities, different ballgame. You are now thrown into the conditional use category and you have to come before the county. That issue was raised to us just a couple of days ago. I apologize for it not being in your submittals that you have in front of you, but I think that's a good way of addressing that concern so that the county does have a public hearing process to deal with heliports in the industrial zoning district that want, you know, the complicated fuel and maintenance or whatever a full-blown heliport would entail. But that's not what we -- my client is proposing to do. He's not going to have fuel facilities on-site. Because frankly, the regulatory scheme just gets all that much more complicated and we wants nothing to do with it. And with that, I'll close for real this time. l'l1 try to answer any questions you may have. COMMISSIONER MURRAY: 1 have one. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Maybe Joe actually could answer this more effectively. Assuming that this were passed and restrictions on the 16 or 12,000, whatever that is, the number of n okay, getting back to double rotor planes. What I'm referring to in my question is in the event that we had a hurricane or something else that was devastation, would this prevent -- I mean, would it be a violation to land equipment there on an emergency basis, or would it be physically constrained to not be able to handle such a helicopter, assuming that a violation would be forgiven under those circumstances? Are we constraining ourselves in such a way that we're cutting off any opportunities that we might want to use later on? Did 1 make myself clear? MR. SCHMITT: Yes. To answer your question, given the local in relation to the airport, 1 would never see a reason why a pilot, especially if it were a multi-engine helicopter, would choose to land there versus the air field. I mean, we're only talking three miles or less, or probably less than that. So it n the difficulty in dealing with a helicopter of that size to land, it certainly could land there, but it wouldn't. 1 mean, he would choose not to. And this is -- the size of helicopter they're talking about is, you know, like a Jet Ranger or a Bell Jet Ranger, whatever, which is certainly more maneuverable. So I answer your question by saying probably never would even choose to land there unless it was absolutely necessary, just because of the difficulty. COMMISSIONER MURRAY: Okay, and that's fine, In my concern n Page 6 lu~uJt 8, ;bo9?J MR. SCHMITT: And they have to ask the tower for permission to land, the tower would advise them that that pad is restricted. COMMISSIONER MURRAY: Okay, and just to clarify so you understand the basis for my question -- MR. BROOKER: Do you mind if I throw in a couple -- to answer your question directly, no, it couldn't. Because that size helicopter would weigh too much. COMMISSIONER MURRAY: That's what 1 was wondering. Okay. So it's well thought out. But my scenario was, we have an extreme situation, there's a relatively serious hurricane, and that might be the only pad proximate to an area that needs attention, other places blocked. Okay, that was the basis. Thank you. CHAIRMAN STRAIN: Mr. Midney, then Mr. Schiffer. COMMISSIONER MIDNEY: In Irnmoka1ee we have two heliports now. Neither one seems to fit into where it says definitions. We have one which is at the EMS headquarters and we have another one beside the Collier Health Services clinic. And it says under hospital heliport that it has to be -- it says has to be adjacent to a hospital or a property occupied by a hospital. Would our two Irnmokalee facilities fit in or would we have to rewrite the statute, or what? MR. BROOKER: Our original proposal -- I don't know which proposal you're reading from. But our original proposal -- COMMISSIONER MIDNEY: I'm looking at definitions, B-4, where it defines what a hospital heliport is. Because I don't think either one of those would fit under private use, public use or-- MR. BROOKER: Okay. B-4 has since been eliminated. And the latest version does not even address hospitals at all. And our original proposal did address hospitals, and staff wanted to pull that out. Staff pulled that out so we wouldn't be conflicting with any possible use or prohibition of an emergency medical. 1 know it's in there, we wrote it. And staff eliminated it. COMMISSIONER MIDNEY: It just got handed to me right now. CHAIRMAN STRAIN: Yeah, the one we just got handed then is not the version I printed off-line? The one I printed off-line, it says -- Clay is saying it does not have that. So the one we got handed today turns out it's not the most recent version, it's probably the old version. So the one you were e-mai1ed days ago, you probably didn't get a print-out, was the one you should have been reading from. MR. BROOKER: 1 can tell you, we met on July 3rd with Joe Schmitt and Catherine Fabacher. And that __ the version you're looking at was a version we had on July 3rd. And there was an objection to placing anything in our proposal about hospital or emergency type use, because it might somehow prohibit an emergency medevac helicopter from landing somewhere or another. It was a little bit loose in their opinion. And we said frankly, fine, we're not here because we're a hospital so we'll let you, you guys are the experts on that, eliminate it altogether. So whatever our current code has in it, whatever is out there existing is fine. So that's how -- that's how it evolved. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Clay, what is the -- you have a final approach and takeoff, FA TO, I guess. What is the size of that? Because in the code we have something for our airport zones. They call it a heliport primary zone. And it does give angles and stuff like that. So what is the size that? Is it the same as the -- what's in our code now? And here's my concern is that -- MR. BROOKER: Okay, well, the minimum -- you're really going to test my ability to read FAA Page 7 16: 1 BS August 8, 2007 regulations. But for a -- for an FATO, which is final approach and takeoff area, the minimum length of that area is 1.5 times the overall length of the planned helicopter that will be using it. And the minimum width is the same, 1.5 times the overall length of the planned helicopter that will be landing and taking off from that. Does that answer your question? COMMISSIONER SCHIFFER: But it seems really small. In other words, a helicopter could be what, 30 feet, it's a big one. So what you're saying is 50 feet is the -- well, why don't you maybe explain how a helicopter is going to come to this thing. I mean, it appears in our code when we discuss it at the airport we have approach zones which are 500 feet wide for 4,000 -- in other words, there's a zone that these helicopters are coming in. MR. BROOKER: The approach and departure surface, what the state and federal regulations will at a minimum require, is an eight-to-one slope. Meaning-- COMMISSIONER SCHIFFER: That matches what we have, MR. BROOKER: Right. Because most local localities or local governments have no idea what they're doing in this field, so they just mimic whatever is already in the state and federal regulations. So you go eight to one. Eight units horizontal for one vertical, and you go out and you kind of create a slope out from your property for a distance of 4,000 feet away to make sure you're not running into anything. Now, that path can curve, it can curve, but that's the regulation scheme. Now, the -- we have just informally drawn up some plans for what would possibly go on our property, and it looks like here the FA TO -- well, the actual landing pad would be 40-by-40. And the FA TO would be 50-by-50. That's what we -- we have roughed out what it would look like on our property. And those dimensions meet the requirements of state and federal regulations. COMMISSIONER SCHIFFER: Okay. MR. BROOKER: 1 don't know if I've answered your question. COMMISSIONER SCHIFFER: Well, 1 don't think so. First of all, the approach zone -- in other words, the helicopter is going to have 360-degree access to this pad? Or do you come in in one of these approach zones, the 500 feet wide like they're describing here? MR, BROOKER: No. The FAA would never allow 360 approach and departure from something like this, given the vicinity to Naples Municipal Airport. There's going to have to be a coordinated approach to -- well, I don't want to use the approach -- coordination between the airport, existing airport, the FAA, the Florida Department of Transportation and us looking at prevailing winds and determining the approach and departure path that helicopters using our pad must use. And it will be designed in a way -- but it's going to be a typically taking off to the north and bending east. COMMISSIONER SCHIFFER: Okay. And I'm not looking at this application just to fit your site, you know, because that's not fair and that's not what we're really here for. That angle eight to one, if you take your 1,500 feet, that would put the helicopter about 200 feet above the residential areas. I mean, I'm not sure that's fair. So couldn't we have a process where we look at a site, we establish these approach zones, we establish them obviously if you're close to the airport, that's important. We can establish how it affects residential areas. Because if we could keep the guy over the industrial, that's better than being 200 feet over somebody's house. MR. BROOKER: Well, I can tell you that the state and federal regulations again reserve the authority to require certain approaches, certain departures, certain altitudes, and everything else. The minimum eight to one is just to make sure there's not an obstruction to your flight path, that possible flight path. Helicopters, as you know, can take off and gain significant altitude very quickly over a short distance. So the state and federal regulations and those agencies would look at that issue, may Page 8 161 18?7 August 8, 2007 mandate a certain path and a certain altitude to be reached at a certain distance from our location, or any location. COMMISSIONER SCHIFFER: But how do we then protect the citizens? I mean, what you're saying is forget about it, the state's going to take care of that. But we've obviously had some airport issues with federal and state regulations that we've had to solve locally. So couldn't we have a process where the neighbors would be able to see what the state has proposed and get their input too? MR. BROOKER: That's already part and parcel of the state and federal schemes. We have to give notice in a newspaper, you have to give notice 300 feet around you, you -- CHAIRMAN STRAIN: 1 take it that's the most recent version? MS. FABACHER: Yes, my apologies. CHAIRMAN STRAIN: No problem, just wanted to make sure we got the right one. COMMISSIONER SCHIFFER: You're only noticing people within 300 feet? MR. BROOKER: That's what the state requires. And then beyond that-- COMMISSIONER SCHIFFER: I don't get comfort in that. I mean, you have neighbors -- MR. BROOKER: We're five times -- we looked around the state. The largest-- CHAIRMAN STRAIN: Joe just got tired of hearing this, you know. COMMISSIONER SCHIFFER: He went to buy helicopter stock. MR. BROOKER: We have gone five times larger than the next largest setback we could find in the State of Florida from a local government. COMMISSIONER SCHIFFER: But that also guaranteed you that none of the residences would be notified, because they're 300 feet. MR. BROOKER: Well, we don't have to give them notice, because they're more than a quarter of a mile away. They're not going to hear this, they're not going to see it. I mean -- COMMISSIONER SCHIFFER: So you're saying that the approach paths and the takeoff paths are going to be defined and it's multiple paths or -- in other words, because what could we do to have a hearing that would prevent those pads from going over residential areas? MR. BROOKER: The local government, you may say, as a citizen of the State of Florida, you can write in to the state and federal agencies when they are reviewing this and say we would like that they go over -- you know, any required paths are maintained over industrial sections for as long as possible, or, you know, 1 don't know. COMMISSIONER SCHIFFER: Who in the local government would know this is happening and would write that letter? MR. BROOKER: We have to submit as part of our applications to the state and feds a letter or some sort of documentation from the local government stating that we comply with the local government's regulations. So a local government, just like a person who writes in, can offer input and say a quarter of a mile away we have a residential zoning district right across the street from industrial. So we would like -- we don't want the residential development impacted any more than is necessary, so please direct traffic away from those areas. COMMISSIONER SCHIFFER: And is that the statute which we're writing today, or is that a letter somebody is going to write upon each application? MR. BROOKER: That's a letter someone writes. COMMISSIONER SCHIFFER: And who's the person that writes that? MR. BROOKER: Someone in Collier County. COMMISSIONER SCHIFFER: In other words, why can't we write local ordinances that establish that? CHAIRMAN STRAIN: I've got a whole list of proposed language we could add to this that might Page 9 1611B?J Augusf8, 2007 solve your problem. COMMISSIONER SCHIFFER: Okay. I bow, 1 bow. I'm fine. CHAIRMAN STRAIN: 1 went through the codes in different cities and there are cities that have dealt with this before under different processes. I made notes and got a list of them -- COMMISSIONER SCHIFFER: Okay, 1 think it's smart for you to do that then. CHAIRMAN STRAIN: l'l1 read it off to you. Does anybody else have any questions they want to get on the table now? (No response.) CHAIRMAN STRAIN: Well, Clay, I did do some research. I'm the one that brought up to Margie the issues between heliport and helispot (sic). And let me read what the differences are. A heliportlhelispot is designed for helicopter take-offs and landings. A heliport has support facilities such as fuel, hangaring and attendants, A he1ispot is an area that can be multi-use such as a parking lot, athletic field, rest area along the highway and golf course. It has no support facilities such as fuel, hangaring or attendants, When not in use as a helispot, the area can be used for other purposes. You have indicated you wanted to do a heliport without fuel and that should we ever want to have one come in with fuel, then they have to come through another process like a conditional use to add the fuel. Well, first of all, that seems to be kind of backward. Why wouldn't you want to do a helispot? And if you want to do more than that, then you would have to come in and ask for permission under a conditional use process to do a heliport. That was my first cornment. And I'm not sure why you reserved it. I'm not sure what other activities you need that are heliport in nature versus he1ispot in nature. Do you know any? MR. BROOKER: No. And our intention is to have a place to land and take off from, period. But what we were trying to do is maintain consistency with the definitional scheme employed by the state and federal regulations. If -- I've seen different definitions for helispot. You've read to me one. And if you want to call this a helispot, we can do that. And then you run the risk of now all of a sudden we don't have to abide by some sort of heliport criteria, because we're no longer a heliport, we're a he1ispot. So what we were trying to do is be very careful. We were trying to ensure that the most comprehensive strict regulations always apply to us. CHAIRMAN STRAIN: Well, there's a group called Helicopter Association International. That's where I was pulling my information from. They may not be the government, but apparently they're a strong association in the field dealing with helicopters. There are some cities that have dealt with this before. I've pulled some experts from them. And I'm going to read you some of the criteria they have. First of all, a lot of them conditional uses are what they require. And 1 know you're trying to get away from that process. But first of all, they-- MR, BROOKER: In one limited instance, yes. CHAIRMAN STRAIN: They're asking for the statement -- if we sent everything through the federal government, you do their package, they get the information, they review it, they make the decision. They're not going to have a hands-on knowledge of a local area like this government does. MR. BROOKER: Sure they will. CHAIRMAN STRAIN: Okay. MR. BROOKER: We have to list everything. CHAIRMAN STRAIN: Clay, we could argue-- MR. BROOKER: We have to show a 10cational map, we have to show an airport diagram. CHAIRMAN STRAIN: Clay. Fist of all, you do not talk over me or anybody on this board. You wait till one of us finishes and then -- you're going to do that with me, too. So you just wait till 1 finish. Page 10 161 18 <j August 8, 2007 In my opinion, the FAA does not do as good of a hands-on job reviewing local documentation as we would. Therefore, in some cases if you're going to submit it to the FAA, I don't know why you couldn't duplicate that information and submit it to us. And those kind of things that they would require would be a statement of proposed hours of operation and frequency of arrivals and departures; a diagram indicating proposed flight paths of arriving and departing helicopters within 1,000 foot radius of the heliport or he1ispot. If the proposed heliport is to be elevated on a building or other structure, that air turbulence which may be created by rotorcraft landing and taking off there will not cause dust, sand, water or other material to fall on property other than that controlled by the applicant. COMMISSIONER MURRAY: Slow down. CHAIRMAN STRAIN: Thank you. Sorry. We would want to understand the applicant's need to establish the heliport or he1ispot; the availability of other such facilities that the applicant could use in lieu of the proposed one; the proximity of the proposed one to emergency landing areas in the event of a mechanical malfunction of the helicopter or other rotorcraft using such spot; proximity of the heliport or he1ispot to fire stations; proximity of the facility to tall buildings, other navigational hazards and existing uses which would present a safety hazard in case of aircraft crash; the proximity of the heliport or he1ispot to residential areas, nursing homes, assisted living facilities and schools; the proximity of the heliport to airports and to the flight patterns of aircraft using such airports; the benefits to be derived by the public from the establish and operation of the heliport, if any; the nuisance effect if any of the heliportlhe1ispot and its associated operations on vehicular traffic; the environmental impact of the he1iportlhe1ispot if any including but not limited to noise pollution; and the proximity of the facility of storage facilities for combustible or explosive materials or to other hazards. Now, Clay, those are all things which 1 think our local government would benefit from that knowledge, rather than just submitting stuff to the FAA. I'm not sure how relevant the FAA's going to have of things like combustible and explosive materials to neighboring buildings or where the assisted living facilities are. But we'd have a handle on that. And I don't see why we wouldn't benefit from that information. MR. BROOKER: We have no objection to including in the proposal that whatever we submit to the state and federal agencies we would also submit to Collier County. CHAIRMAN STRAIN: Do you have any objection that the information 1 just asked for could be used and supplied to evaluate whether or not this would even be permitted as an acceptable use in an industrial park? MR. BROOKER: Wait, can you state that whole question again? CHAIRMAN STRAIN: If county staff wanted to do an evaluation on whether or not the criteria for a he1ispot was applicable or could be utilized based on some of the criteria that 1 just read to you and you were required to submit that to county staff, and county staff then in the case of a helispot in an industrial zone could administratively make a decision based on that submitted material, do you have any problem with that? MR. BROOKER: Administratively? CHAIRMAN STRAIN: For a helispot with that submission, yes. MR. BROOKER: I don't think we would have an objection, but I'd have to check with my client. And I also state that if that's going to be the case, then we would want the county to hire someone who's an expert in aviation. CHAIRMAN STRAIN: Well, I think reviewing the information 1 just read you, it doesn't take an expert to know where the assisted living facilities are or the residential areas are or where the fire stations Page 11 16'1 IB'J August 8, 2007 are. 1 think the experts that you would hire would supply that information to staff to evaluate to __ MR. BROOKER: Okay. CHAIRMAN STRAIN: -- see if you've done it properly and adequately. MR. BROOKER: And that's fine, We can do that. Also, by the way, you mentioned turbulence, you know, wind created from the rotors, The regulations also state, the experts from the FAA state, that if you elevate your helipad on top of a building by six feet or more, that the turbulence is minimized. It's eliminated. And that's what our particular property is looking at doing. CHAIRMAN STRAIN: Well, the language I just read you was from another community's restrictions, just to understand the facts of air turbulence. If there are none, it's going to be very simple to answer that one then. Those are the issues that I found, 1 think that we'd be well guided to be more involved in the permitting and locating of these than just turning it over to the feds in that criteria alone. So my inclinations would be that if we're going to allow these, and they be helispots, with administrative approval subject to some of the criteria review that 1 just listed, and anything beyond that becomes a conditional use no matter where it's used. MR. BROOKER: Let me ask you, because 1 know, Mark, you have mentioned it in the past. If something's vague you're not (sic) uncomfortable with it, because what does it mean in the future. If you asked staff to evaluate a proposed helispot and we have to show that -- we have to show what's all around us, residential, assisted living facilities, whatever it may be in an industrial zoning district, assisted living facility in an industrial zoning district, they say no. Based on what? CHAIRMAN STRAIN: The review of that criteria. They may feel that the facilities that are within range ofthat are going to be disrupted too much by that activity. Noise being one -- MR. BROOKER: So the criteria is disrupted too much? CHAIRMAN STRAIN: Clay, I'm not going to sit here today and write the criteria. But 1 bet if that stuff -- those items were listed as concerns to this community, staff would find a way to address them like they have with the rest of the code that we have. So 1 think yes, we can talk ambiguous language here today, because we're not writing the code today. But you give me time or someone else on staff who is knowledgeable on these things, they'll write it. MR. BROOKER: Oh, I'm sure they'll write it, but they're not experts in it. And the state and federal agencies are. And that's why we have expressly cited to and incorporated that comprehensive regulatory scheme, in addition to ensuring compatibility by a massive setback, by assuming building heights around us, by limiting the size of a helicopter that can come in and so forth and so on, in the middle of an industrial zoning district. CHAIRMAN STRAIN: Thank you. Any other questions? Mr. Adelstein? COMMISSIONER ADELSTEIN: If this is going to be that difficult to do, why don't you just hire somebody who knows how to do it and have them write it for you so that you do have everything you need and that this gentleman knows or woman knows how to do it. MR, BROOKER: It's already been written. COMMISSIONER ADELSTEIN: 1 mean, you're talking about his idea and you're not sure with that and you're not sure with this. Hire somebody that knows how to do it, pay them and get it done and get it done with now. MR. BROOKER: Well, Mark was talking about having a staff evaluate it. We will-- we couldn't do anything better than what the state and feds do. I'm not an expert in this. I'm a pilot, but I'm not an Page 12 16 I 1 B~ August 8, 2007 expert in all this. 1 couldn't do any better. They regulate the color of the little H that's got to go on the helispot. I mean, it goes into extreme detail. So Mark's wanting someone from staff -- COMMISSIONER ADELSTEIN: Are you stating that some expert couldn't do this and we're going to use staff who how many times have they done that? 1 mean, it's not something new to them -- 1 mean it is something new to them. And there are too many people who actually know how to put it together and all you have to do is pay someone to do it. Just take some time out and get it done with. CHAIRMAN STRAIN: Mr. Schiffer, you had started to get into concerns. What were you -- did any of the information 1 just provided to you help? COMMISSIONER SCHIFFER: Well, I still have a couple of questions. And 1 think the issue really is is whether private heliports are permitted, you know, by right or whether they're conditional use. 1 think that's what we're up to. I think you're probably right, there's probably tons of standards on how to do it. In the approach zone, and what you said, that that's a minimum zone, what is the actual height of the helicopter going to be? And is that something that's established or is that something that's up to the pilot at that moment? MR. BROOKER: The FAA regulations require minimum altitudes over certain areas. And the only reason I know this is because 1 happen to be a pilot. We didn't look into that because we have such strict setbacks in the middle of an industrial zoning district. For example, amusement parks, you have to be two or 3,000 feet minimum. Environmentally sensitive areas, two to 3,000 feet minimum. Stadiums during events like football games are off limits. Over very congested, urban centers, minimum altitudes. Air traffic space, there are altitudes that are required. But the general rule in the absence of any of those particulars is that you must -- a pilot must maintain whatever height is appropriate that they can make a safe landing in the event of a catastrophic engine failure. That has -- and the FAA has left it deliberately vague because they want to have the flexibility to always come back and point to pilot error if someone wrecks, frankly. That's the reason they left it vague. But that has been informally interpreted a number of times to be a minimum of 500 feet above ground level, 500 feet AGL. COMMISSIONER SCHIFFER: Okay, so in other words, this -- you will always be 500 feet above a residential? MR. BROOKER: That's certainly a condition. 1 think so. 1 don't think -- if you watch the medevac helicopter when it goes over, it is a minimum of 500 feet when you see it going down the coast or whatever. COMMISSIONER SCHIFFER: 1 mean, 1 grew up near the Sykorski (phonetic) helicopter plant. We used to watch the testing. The height for a helicopter for engine failure to land safely I think is on the ground, zero, because they don't land; they don't come down good. The __ so this approach zone, even though it's going to allow something a little bit shy of 200 feet over __ the approach zone will go over residential area 1,500 feet away, shy 200 feet. There'll never be a helicopter at 200 feet. MR. BROOKER: That's my understanding. And remember, the eight to one is a minimum requirement to even get a site approval. And so the FAA could say as a condition of site approval, and the Florida Department of Transportation could say as a condition of site approval you don't go over "X", "Y" and "Z" spots ever, unless you're at a certain altitude, or this is the path you must take. COMMISSIONER SCHIFFER: But that's the FAA telling us. I mean -- and the reason I'm asking that is I'm worried about the guy living in the house on the edge of that. I mean, I don't particularly want anything we do here today to ever disturb his ability to, you know, enjoy his home. Page 13 16! IBJ August 8, 2007 So what would be the big problem of having this come through as a conditional use, the private heliport? Because that really does give all the neighbors a chance to be notified, gives them a chance to come out at the local level and discuss it. I know that -- MR. BROOKER: In our opinion, it violates private property rights, given the existence of transportation by air being a permitted use as of right today in the industrial zoning district. Today if my client wanted to, he could have a scheduled on-the-hour passenger helicopter facility lifting off, taking off on the hour from his property, assuming he gets state and federal approval to do so, and the county can't do anything about that. And so we're looking at it in that context. What we are proposing is much less intense of what is already permitted as of right in the industrial zoning district. COMMISSIONER SCHIFFER: And yet we're here. MR. BROOKER: Because the staffretracted our SDP approval. COMMISSIONER SCHIFFER: And so this meeting is proving your point, 1 think. Mark, I'm done. 1 mean, I'm kind of in favor of protecting -- you know, 1 think the 1,500 feet's a good distance. 1 mean, we kind of keep bars that far away from churches and things. But the -- MR. BROOKER: IfI may interrupt, and I'm sorry. CHAIRMAN STRAIN: Go ahead. MR. BROOKER: But a proposal, perhaps 1,500 feet setback is where -- your location, and under no circumstance shall a helicopter taking off or landing from this particular pad maintain an altitude less than 500 feet over existing residential development. COMMISSIONER SCHIFFER: We're getting close. 1 mean, I would like to see the approach zone not go over the residential development. But let's see. That's starting to get complicated in this -- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Mr, Brooker, Chairman recited a number of perhaps that could be construed as restrictions, but they're certainly a number of points to guide for safety. Do you have any objection to any of them that he recited? MR. BROOKER: No, because everything he's cited we're already going to have to supply to state and federal. And we're not opposed to supplying that information to -- COMMISSIONER MURRAY: Including the use of the word helispot as opposed to heliport. Although you'd make a preference for heliport, In other words, my question to you is if we concluded that it was going to be a helispot, you might not like it but you could live with it? MR. BROOKER: Well, it's not that 1 don't like it. It's -- my hesitation is purely from a legal perspective, 1 don't want to get caught in a crossfire of a definitional problem. Mr. Strain seems to think it would be perfectly fine, and he may be 100 percent right. I never put money on that kind of thing when I'm dealing with state and federal regulatory schemes, so 1 hesitate from a legal perspective. From a practical perspective, that's all it's going to be is a helistop. What everyone -- 1 guess the layman's view of what a helistop it. It's just for landing and taking off, nothing more. That's what we are here for, my client wants to do. So from a practical standpoint, no objection whatsoever. From a legal definitional standpoint, 1 hesitate, only because I don't know the unintended consequence of calling something that and seeing what might be triggered or untriggered down the road. COMMISSIONER MURRAY: 1 understand you. You call it a helistop. I thought 1 heard him say helispot. CHAIRMAN STRAIN: Spot is the -- there's two terms, heliport and he1ispot-- COMMISSIONER MURRAY: He called it-- Page 14 i~Jst 8, ~O~~ CHAIRMAN STRAIN: Helistop. I'm sorry. S-T-O-P. COMMISSIONER MURRA Y: See, you were using spot, I thought. CHAIRMAN STRAIN: It's been mixed interchangeably, but it's S-T-O-P, according to the-- MR. BROOKER: And I also might be dyslexic, 1 don't know, those two. COMMISSIONER MURRAY: Well, 1 think I now appreciate more the definitional conditions that the Chairman has indicated, because a he1ispot, to me he1ispot a heliport didn't make -- but a helistop suggests a place of temporary activity. MR. BROOKER: Temporary in a sense that we want to be able to park the helicopter there when it's not in use. Is that prohibited by the definition you read? Because I've seen others that may imply that. So that's again my hesitance. What we want, whatever you want to call it, is the ability to take off and land from this structure on top of a building, and then park it there when it's not in use. Nothing more. COMMISSIONER MURRAY: Well, if this board agreed that those conditions were representative in the definition for helispot (sic), you would be comfortable, 1 presume? MR. BROOKER: Yes. CHAIRMAN STRAIN: We've aired a lot of discussion on this at this point, and I'm (sic) certainly think this can be done a little bit better in regards to a rewrite. And maybe then it would have a better chance of becoming something that's workable for all parties concerned. We're going to have to continue this meeting for two other items. Why don't we add this as a rewrite to come back to us at the next continued meeting, which would be at least a week or more away. Would that work, Clay? MR. BROOKER: We have no objection to that. When is the next hearing? CHAIRMAN STRAIN: We don't know for sure, but I'm suggesting the 16th in the afternoon, because we have a meeting that day that will last -- we have three cases, they should get over fairly -- in the morning or so. And we'll do a time certain in the afternoon to fmish up the LDC amendments, if everybody's in agreement when we finish today. MR. BROOKER: The 16th of-- CHAIRMAN STRAIN: It would be next week. MR. BROOKER: Oh, next week. CHAIRMAN STRAIN: And 1 can supply today the information to Marjorie or to Catherine that I've recited here. That way you can have it and it can be reverba1ized or re-textualized into another amendment that could come back to us. Is that a direction that most of the board would like to see happen? COMMISSIONER MURRAY: That's what 1 would like to see happen. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And Mark, are we going from here with -- to make the private use conditional or to have Clay come up with enough conditions that we'd be comfortable with it as a permitted? Which direction are we taking? CHAIRMAN STRAIN: Well, I think his suggestion of a heliport without fuel administratively is kind of really a helistop. And that if you want to go anything beyond the helistop level, then you'd be looking at a conditional use. But a helistop with certain criteria to make -- complete the file, and whether he believes staff is capable or not, 1 think they are, of reviewing the information requested, and that that information be allocated in the form of like the SDP. And I think that would I think provide enough assurances the public's interest may have been looked at. Ms. Caron? COMMISSIONER CARON: So are you suggesting that if the county administratively reviews these helistops and for some reason decides that it's not appropriate, then what would be the next course of Page 15 16! 1 B?;i August 8, 2007 action? Would they come through a conditional use? CHAIRMAN STRAIN: Yes. COMMISSIONER CARON: At that point. CHAIRMAN STRAIN: Right. Having rejected administratively by staff, then it would be a conditional use process. MR. BROOKER: Well, if it's an administrative process, then we would have the appeal right to the BZA. CHAIRMAN STRAIN: Well, that's the same -- I mean, that gets you into the public process. That's where -- MR. BROOKER: The public hearing. CHAIRMAN STRAIN: -- I'm trying to go. MR. BROOKER: Sure, absolutely. CHAIRMAN STRAIN: 1 think if you can't get through staff and staff feels there's a concern, then you should be put into the public process and let the public at least opine on it. MR. BROOKER: We'll be the whipping post again. CHAIRMAN STRAIN: Ms. Student? MS. STUDENT-STIRLING: Thank you. There was one other thing I wanted to address as part of the rewrite, and it comes under site limitations and criteria. And I spoke briefly with Mr. Brooker about this at the beginning of the meeting. 1 just want to make sure we include -- and it may be in 330, but I recall that there are siting restrictions concerning -- that would be if it were under heliport, near landfills, schools and things like that. So if we're going to have a laundry list of statutes, 1 would prefer -- I guess it's okay to list them specifically, but have a catchall provision so somebody doesn't try to argue, well, it's not listed there and we don't have to do it. Whereas, as a non-charter county anyway, we're bound to be consistent with state law. But Ijust don't want to have to get into that argument. CHAIRMAN STRAIN: Thank you. Any other comments? Mr. Brooker, do you have any-- MR. BROOKER: 1 had discussed that with MaJjorie before, and we have no objection to making -- to placing in there an express requirement to comply with all applicable state and federal regulations, whether they're listed in our actual provision -- our proposal or not. CHAIRMAN STRAIN: Is that the consensus of the panel then, we'd like to see this one come back to us? MR. BROOKER: May 1 ask, are we absolutely sure it's the 16th, or will I wait to hear from staffin that regard? CHAIRMAN STRAIN: We have to continue it after today's meeting. I'm suggesting the 16th might work if we limit it to the three items that we seem to be limited to right now. But if we can't finish the rest of this today, we may have to pick another full day to go from here. So I can't say the 16th for sure, we'll just have to see where this meeting goes, Clay. MR. BROOKER: Thank you. CHAIRMAN STRAIN: Okay, Catherine, next on the list is stormwater detention with Stan Chrzanowski. Is that still the order we're going to take them in? MS. F ABACHER: Yes, sir. CHAIRMAN STRAIN: Can you tell us the page to start with? 101? MS. F ABACHER: Yes. MR. CHRZANOWSKI: Good morning, Commissioners. My name is Stan Chrzanowski, I'm with the community development department, engineering review section. Page 16 l~~ 8, d,o~ ~ And actually, this item turned out to be not as contentious as we originally thought it would be. I e-mai1ed you all copies of a little study we did that accompanied the item prompted by some earlier questions. 1 have spare copies, if you want them now. 1 don't know if you printed them out and brought them along or not. CHAIRMAN STRAIN: 1 have the one that was issued with our packet. Is that -- do you have more than that? MR. CHRZANOWSKI: No, the one 1 had Sharon Phillips e-mail to each member of the planning commiSSIon. CHAIRMAN STRAIN: Well, Stan, I don't know if! have that one, so I'd sure appreciate it, thank you. I guess we all could use it. COMMISSIONER MURRAY: A new one? MR. CHRZANOWSKI: Okay, good morning. The purpose of this Land Development Code amendment is that we have in recent times been subjected to house plants coming in. We don't review single-family house plants, we review commercial, industrial. Single-family house plants come in, they get building permits. Nobody looks at how much ground they cover. It occurred to us that some of the drainage problems we're having are because a lot of the houses being built right now are being built bigger than they used to be built. I guess the result of a more effluent society. So we're trying to make some requirement that the incremental impact of construction on stormwater cannot be displaced onto neighboring properties, That's an ISO view of a light air topography of a lot. Last development amendment cycle we limited how much fill you can put on a lot before you build your house. We did that because as that dimple rises up, it takes more and more of the lot out of the floodplain. And you can see from the colors on there that he's shedding water onto his neighbor's -- it probably already flowed in that direction, but it probably flows faster now. We want some kind of retention when we have situations like this. We solved that problem. But the problem that we didn't solve was back in the old days when you came into, say, Golden Gate City or wherever, you built the house on the left, maybe a 2,100 square foot house with a 20-by-20 garage and a 30-by-20 driveway on what, an 80-by-125-foot lot. Now what we see coming in is they build setback to setback. Somebody wants to build as big a house as possible on the lot. And what you end up with -- now, 1 want to clarifY something here. If you look at those three lots across the bottom, especially the one with the orange arrow, those are three houses along Connor's Avenue. And you really can't tell that the one in the middle is that much bigger than the other two. It's probably not. So when you look at this view compared to the other two, you tend to -- and I was specifically told not to use the term mega house. 1 won't. This is -- CHAIRMAN STRAIN: How about monster house? MR. CHRZANOWSKI: This is not a mega house ordinance. The raindrop on its way down sees the roof, and it can't tell the difference between those three buildings, the two on both sides or the one in the middle. CHAIRMAN STRAIN: Stan, was that permitted as a single-family home? MR. CHRZANOWSKI: Or a hotel, 1 don't know which. CHAIRMAN STRAIN: That's huge. MR. CHRZANOWSKI: It's impressive. We don't say huge. CHAIRMAN STRAIN: The size of it. That's terrible. Page 17 161 183 August 8, 2007 MR, CHRZANOWSKI: Well, anyway, this is a lot in Naples Park. The two older homes are on the sides, the one in the middle you can tell, just -- they're built according to code, not a problem. They're a little higher. So they picked up some extra area that way. If he had built a little smaller, we'd probably have liked it a little more. That's where we're headed now. And the way the ordinance is written, we're trying to hit neighborhoods that are not in Water Management District permits. Because those already in Water Management District permits have their rules put down as to how much they can cover. And they do have central stormwater management systems that these older neighborhoods don't. These older neighborhoods generally just shed right into canals and it goes downstream. You can see from the list it is a lot of the older neighborhoods of Collier County, not any of the newer PUDs. We did a little study of the existing impervious area of all those subdivisions. And in some cases they do exceed the total impervious area that we're shooting for. Most of the cases don't. But individual homes within there, since this is an average, individual homes do. But the only reason the average is below our suggested percentage is because the vast majority don't. We're trying to truncate the top of that pyramid. And as part of the ordinance, property owners will have the following options: They can build within the impervious restrictions; they can build a higher home, a two or a three-story home, two stories over parking, two stories over a garage; or they can build beyond the impervious restrictions, but they'll have to retain an engineer to retain their increased peak runoff on site. We do give them that option. Now, I can show you some examples. I can keep going on for a while, but 1 won't, because you've got a long day. 1 can show you some examples of the homes from those spread sheets that I gave you, the ones that show us being out of character with the rest of the neighborhood. But you saw the one in Naples Park. The spread sheets that 1 gave you were part of a study that was done through the graphics department using GIS. They have a way to get in and by hand they try to identify the impervious areas, parking, whatever. And then they use the appraiser's website. They go through and figure out the total area of the lot. And we picked, what, about a dozen neighborhoods by whatever neighborhoods we thought would be the most representative of what we were trying to accomplish. And if you look at them, the first one you're looking at -- well, mine might not be in the same order as yours, Naples Manor. The -- we gave you some information, the folio number. A lot of this 1 don't understand either, the lot and block and parcel size, square footage, and the impervious area that was computed by the graphics department. Next to that the graphics look out to the roofline, which is technically not the footprint. And they also went out into the right-of-way. And most of these driveways are a little larger out in the right-of-way. So it made the impervious areas look bigger than they were. But still making a correction for that, and we used a blanket correction, which is probably a little off, but we wanted an idea of where we were headed for this, So we came up with the minimum allowable by our code and what they had on their lots for already existing impervious. And I'm sorry they carried this out to six decimal places. We should never do that. And on the last column, the overages are how much these homes would be over or under our new ordinance. Now, the ones that are yellow would be okay under the new ordinance. The ones that are white would be not. So in Naples Manor, you can see that most of them would conform to the new ordinance. We'd only take out the few that are larger than what we would allow, which is relatively few compared. In Naples Park we have a few more, the next sheet, my next sheet, 1 hope it's yours. In Naples Park Page 18 l~u~t 8, !O~7 ? we have a few more that are white in comparison to the number of yellows. But you saw that one in Naples Park. And a lot of this problem was first noticed in Naples Park. Because we had people out there buying two lots because they're narrow lots, and building setback to setback across the common line, which makes it even worse. But you can build a nice size house when you do that. Next one, Willoughby Acres. This surprised me. I would have thought most of those would be yellow. But we have not quite 50 percent done higher than the ordinance would allow. Poinciana Village, about the same. Golden Gate City, most of the people there seem to conform to the new ordinance. An older subdivision. The Estates, the larger lots. My next one is the five-acre lots. We would probably -- if you look, very few of them would conform to the new ordinance. We've noticed that -- the way we wrote the ordinance, the smaller lots are limited to 40 percent, but as you get to the larger lots, we add two or three percent to that 40 percent. That was suggested by one of the participants that we had a couple of workshops with all of the local engineering firms and some of the developers. It was suggested by them because we couldn't come up with a number that worked at low area and at high area both. So they suggested some kind of spread based on the size of the lot. You notice it's a little better for the two and a quarter, two and a half-acre lots. And it's a little better still, but not much better for the acre and a quarter lots. Those are a specific problem, because they're so narrow. Golden Gate Estates, LIS-acre lots are -- I'm sorry, I already did that one. And if you look at the Pine Ridge subdivision, at the very end you'll see very few them would conform to the new ordinance. The only questions that I've received lately -- this ordinance has been workshopped a lot, and the only questions I've received lately are in the ordering of how this thing was done. And a lot of this was done by committee. 1 came up with the numbers. But the part about exemptions is at the very end. And you have to read all the way through and then all of a sudden you get to the part that says if you're part of a Water Management District permit, you're exempt. There had been some suggestion that that would be better placed up near the front right after availability -- applicability. But I am not married to either concept. I don't care one way or another. My personal preference would be upfront. But do you have any questions about why we came up with the numbers, why we're doing this? I assume -- like I said, 1 thought this would be contentious, so have at it. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Good morning, Stan. On Page 104, just to be absolutely sure, 1 think I understand, but I want to be certain, under number three, it says at any case, a one-time addition to an existing residence will be allowed after July, 2008. We're talking in that context of adding another portion to an already placed structure, correct? MR. CHRZANOWSKI: Yes, sir. How that came about was we had one of the engineers at one of those meetings bring up that he had just moved into a starter home, young engineer, married. He was going to have a child and he wanted to be able to add a room ifhe had more than one child, and he thought this would limit people from buying starter homes. And as the discussion progressed, people didn't like the fact that we were letting the smaller homes do it and not letting the larger homes do it. So we just made it a blanket one-time -- I would prefer personally if it were just the smaller homes, but I have no problem with this. COMMISSIONER MURRAY: Okay, thank you. Page 19 16! 1 83 August 8, 2007 CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Stan, I guess the one thing to start with, lot coverage by our definition is buildings. MR. CHRZANOWSKI: New buildings -- COMMISSIONER SCHIFFER: -- structure any accessory structure. MR. CHRZANOWSKI: Right, vertical construction. COMMISSIONER SCHIFFER: An impervious area is that plus driveways, anything that doesn't absorb water. MR. CHRZANOWSKI: Yes, sir. COMMISSIONER SCHIFFER: So the excluding swimming pools, wouldn't that be better off under impervious? Because your intent there is -- in other words, a swimming pool or a deck would never be part ofthe lot coverage to begin with. MR. CHRZANOWSKI: Well, in our intent the deck would be. There's been -- the swimming pool tends to hold whatever water falls in it, unless it has some kind of drain. And if it does, it lets it out slowly. I'd have no problem taking the water surface of the swimming pool out ofthe equation. COMMISSIONER SCHIFFER: Right. And 1 think that's what you mean, excluding the swimming pool. But my only question, it's simpler than that, is shouldn't that be under the impervious? Just slide it over to the right. Because you would never calculate the swimming pool or its deck under the lot coverage. MR. CHRZANOWSKI: Where am I? MR. SCHMITT: Page 103, Stan. MR. CHRZANOWSKI: Okay. COMMISSIONER SCHIFFER: I mean, it's a subtle point, but it's just a point. Anyway, the 25 percent for the building, and I guess you add the impervious, that allows you 15 percent, there are a lot of districts that allow 35 percent for ground coverage. This is the first time we really introduce it as a default. I'd kind of -- just the argument, why shouldn't it be 35 percent? 1 mean, you've got plenty of studies and -- MR. CHRZANOWSKI: During all the hearings, we heard 38 percent, 33 percent, 40 percent. And they all seemed to be, you know, the kind of numbers people were just pulling out of the air. And we decided that the best thing to do was to see how the formula worked in real life with existing subdivisions. If you want, I can come back and show you what these look like at 37 percent or 35 percent or some other percent. But we had some lower percentages, and it throws a whole lot of them into nonconformance. COMMISSIONER SCHIFFER: And obviously the person could always engineer. MR. CHRZANOWSKI: Yes, sir. COMMISSIONER SCHIFFER: And so that doesn't trap anybody, just makes a default. MR, CHRZANOWSKI: Right. COMMISSIONER SCHIFFER: And this is kind of to Catherine. Catherine, the way the thing's written, the applicability and then number two, I mean, I would kind of rather see that as the applicability and then two be the exception to that. Because the way it's written in code, one and two have the same power, but one forbids anything past it, so it kind of -- you know what I mean? Just in terms ofcode-ese (sic), 1 think that might be kicked around. The other question is -- and remember, I'm an architect so would it be rude to laugh at this, but could an architect be able to do that drainage analysis? I mean, in our profession we do calculate the -- CHAIRMAN STRAIN: That's dangerous, Brad. COMMISSIONER SCHIFFER: 1 know. It is dangerous. But 1 always thought I did my storm Page 20 16\ l!l'? ~ugust 8, 2007 drainage calculations better than my engineer, so -- CHAIRMAN STRAIN: Yeah, but if you're going to do all the planning in Collier County for architects then I'd feel safe but my God, do you know what you're opening the door to if you let architects do engineering? COMMISSIONER SCHIFFER: I told you to be kind. In other words, what if we had in there just that the analysis -- I mean, the other complaint I could have about engineering is that's a pretty broad license. Essentially what you're saying is that a nuclear engineer could do it, yet an architect couldn't, so -- CHAIRMAN STRAIN: 1 think you need a civil, don't you? MR. CHRZANOWSKI: By the Florida Board of Professional Engineers Code of Ethics you can't practice in an area that you know about. Like 1 couldn't write a he1ipad ordinance. You might be able to get somebody else to do it, but -- CHAIRMAN STRAIN: Don't admit that now. MR. CHRZANOWSKI: -- I couldn't do it. Technically -- but I have heard the argument about architects. Architect's board has claimed the ability to do drainage where it relates to single-family homes like that. I'd just as soon let both boards argue it out. But if! had to put it in the ordinance, most of these calculations will be fairly simple. COMMISSIONER SCHIFFER: Right. It's volume. And theoretically -- MR. CHRZANOWSKI: If the calculation is right, it's right. And it's nice to have the seal on there so somebody's responsible. COMMISSIONER SCHIFFER: I think professionally signed, but I'm just not comfortable -- MR. CHRZANOWSKI: You guys have a seal, right? COMMISSIONER SCHIFFER: We have a seal. 1 mean, the-- MR. CHRZANOWSKI: Legal liability. If the calculation is correct, it's correct. CHAIRMAN STRAIN: But Brad, 1 don't see the engineering parties coming in and trying to do architecture, nor do I see -- we have a good division of professionals right now. Why don't we keep that fine line as distinct as we can leave it? 1 mean, if -- COMMISSIONER SCHIFFER: It's not-- CHAIRMAN STRAIN: -- someone's building a home of this substantial size to have an engineer come in and certify the drainage isn't that big of a problem, really, You're talking substantially sized homes that exceed this. COMMISSIONER SCHIFFER: Right. 1 mean, it's just a skill that we're taught. I mean, we architects don't -- maybe by behavior lately we have been, but we don't ignore stormwater. It's part of the process. But anyway, obviously we can move on from that for now. 1 mean, if it's required by this to be a licensed engineer, then the architect has to calculate and he has get an engineer to help, you know, certify that. MR. CHRZANOWSKI: The engineer can't just certify it, he has to double check your calculations. Physically do it himself. COMMISSIONER SCHIFFER: Right. Which means you're restraining the trade of an architect. MR. CHRZANOWSKI: We have referred to this as the engineer's relief act of2007. CHAIRMAN STRAIN: Anything else, Brad? COMMISSIONER SCHIFFER: Let me see just to make sure. No, 1 think that's good. Page 21 '61 183 August 8, 2007 CHAIRMAN STRAIN: Mr. Kolflat, then Mr. Midney. I'm sorry. Mr. Kolflat, go ahead. COMMISSIONER KOLFLAT: The problem here is that larger houses, I understand, that's what's creating the problem; is that correct? MR. CHRZANOWSKI: Yes, sir. Houses that are much larger than the other houses in the neighborhood. COMMISSIONER KOLFLA T: Right. Was there any thought about curtailing the source of the problem, basically the size of the house, if there is a problem? MR. CHRZANOWSKI: That's what this should accomplish. COMMISSIONER SCHIFFER: Don't say that. MR. CHRZANOWSKI: Well, other than the fact that you can hire the engineer if you want to build an overly large house to come up with a drainage scheme that will work, we're telling you that your house can cover the percentage of your lot. We're curtailing the size of the house. We're not curtailing the square footage, we're curtailing the footprint. You can go up. COMMISSIONER KOLFLA T: And that -- MR, CHRZANOWSKI: You can go three stories. COMMISSIONER KOLFLA T: -- to surrounding houses. MR. CHRZANOWSKI: Yes, sir, 1 don't care about vertical construction. It's probably the most efficient way to do things most times. COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: You're welcome. Mr. Midney? COMMISSIONER MIDNEY: Brad, did you say that the standard in most communities is 35 percent? Is that a standard? COMMISSIONER SCHIFFER: For single-family homes, that's the lot coverage that I'm used to. COMMISSIONER MIDNEY: I'm wondering if we should request that ours also be 35, since that's a community standard in other places. COMMISSIONER SCHIFFER: Well, we don't do anything like any other place, so why start now? CHAIRMAN STRAIN: But see, Paul, this isn't saying you can't go above 35 or 40 percent, this is just a threshold in which to insist that an engineer review it and sign off on a calculation. So there may be a difference in the need between applying 35 here and what they have. Only because it's just a different trigger is what it is. They're not saying you can't do it, you've just got to bring in a professional and get it done. Catherine, you're looking kind of puzzled. Am I stating something wrong? MS. FABACHER: No, no, I'm sorry. 1 was just wondering, the 35 you were referring to the lot coverage or the impervious area? COMMISSIONER SCHIFFER: Lot coverage, MR. CHRZANOWSKI: The lot coverage. MS. F ABACHER: Okay, thanks. MR. CHRZANOWSKI: In could say something. COMMISSIONER SCHIFFER: Well, they all want to just in. Let them -- MR. SCHMITT: 1 think that's -- you need to make that clear again, in could, for the group. This is not limiting the construction, it's only defining the requirement to deal with the stormwater runoff. So there's -- CHAIRMAN STRAIN: Right. MR. SCHMITT: I don't want to leave this panel with the impression that this is attempting to limit Page 22 16 \ 1 B ~ ugust 8, 2007 the size of a home. 1 know Stan showed some rather large homes, but again, it's not attempting to do that. It's attempting just simply to make sure that there's adequate engineering to deal with the runoff. MR. CHRZANOWSKI: 1 can show some rather larger ones, if you want. CHAIRMAN STRAIN: No, 1 think we've seen enough. MR. CHRZANOWSKI: The one thing, and I'd be remiss in not bringing this up, that's been brought up a few times, but the 25 percent lot coverage, they think if we -- it was decided that we would put the 25 percent in there to stop people from building too large of a home and then realizing that they can't build a driveway or a patio afterward. To my point of view, the 40 percent is what's important, because that's where you get your runoff from. I don't much care whether you build a very small house and a very large pool, patio and driveway or a very large house and a sidewalk and park your car somewhere else. 1 don't care. But if we tell people they got 35 percent and they only have that five percent to deal with till they get to the 40 percent and they come in with this big '01 house and then we tell them, I'm sorry, you can't build a pool, you can't build a patio, you can't build a driveway, you can't do any of this. So I kind of thought there was some wisdom in holding the 25 percent down. And it is, it's a substantial number in most cases. 10,000 square foot lot gets a 2,500 square foot house lot coverage. CHAIRMAN STRAIN: Stan, though, you wouldn't say they can't build that house or can't build that pool. You would say you have to have an engineer certifY your drainage for this house and that pool can be sufficient. So you're not telling people they can't build a home. You're simply saying at a certain tlrresho1d they have to have engineering to prove they can handle this stormwater -- MR. CHRZANOWSKI: Yes, sir. CHAIRMAN STRAIN: -- right? MR. CHRZANOWSKI: Yes. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Two things. First of all, Stan, no one was ever allowed to have water drain over on the neighbor's property. That's always been in the code, correct? 1 mean, that's always been the standard practice. MR. CHRZANOWSKI: Yeah, but it's not exactly in code. That's water management law. And what the law says really is that you can't shed water onto your neighbor at a greater rate than it was historically shed. COMMISSIONER SCHIFFER: Then the second thing: One study that's missing is that if you looked at new permits for residential, 1 don't think you'll find any house that's being permitted today that would not require -- maybe way out on a big lot, but that would not require this engineering. Don't you agree? I mean, people aren't building small houses on their property. MR. CHRZANOWSKI: No, but if you looked at that list of subdivisions, the one thing you'll notice is that most of those subdivisions are built out. And the few that aren't are dang close to it. And what we're looking at is redevelopment and people buying two lots, tearing down two houses and putting one very large one. COMMISSIONER SCHIFFER: Right. I'm in favor it, I'm just -- you know, the default's low enough where I think it'll just require stormwater engineering on every single single-family house. I'm done. CHAIRMAN STRAIN: Stan, Page 103, number one, the second line. It says a maximum allowable ratio oflot coverage and impervious area coverage to the lot area shall be as follows. In that sentence where it says after tota110t area, could we insert the words tota110t area without an engineer's analysis or without an engineer's certification of drainage shall be as follows? Page 23 161 1B3 August 8, 2007 That makes it clear. You're not saying you can't exceed that, you're saying you can't exceed it without an engineer's certifi -- however you want to word it. But 1 would suggest that would help clarity that point. That seems to be the thrust of this whole thing, MR. CHRZANOWSKI: Yes, sir, Easily done. COMMISSIONER SCHIFFER: Can 1 say something along that line? CHAIRMAN STRAIN: Go ahead, sir. COMMISSIONER SCHIFFER: 1 think what I would maybe word in there, you know, subject to the exceptions below. Because it's not -- you know, there are other exceptions below. And engineering is just one of them. And again, 1 think that that one and two is kind of poorly written in terms of the way we write code. So I think if we rewrite one and two properly, that confusion wouldn't be there. CHAIRMAN STRAIN: Well, I'm not -- if you feel that warrants -- here's where we're going. I mean, if we rewrite all these, we're going to be coming back for another meeting, and that's fine. But we need to discuss that. Because some of these -- myself, it didn't bother me, Brad. But if you think it's that problematic, 1 -- COMMISSIONER SCHIFFER: Even what you said, in other words, you said without an engineer's report. But actually there are districts that would allow you not to have to follow that table. So there's more than just the engineer's report that would get you away from one. CHAIRMAN STRAIN: Right, and 1 agree add the language you just said to clarity, with the exceptions suggested down below in number two. But you're suggesting to go further and rewrite number two as an exception clause instead of a -- COMMISSIONER SCHIFFER: 1 think number two should be the exception to one, that's all. 1 mean, it's just -- I think -- you know, and what you said isn't fully covered either, because it's not just an engineer, you could also live in a district with stormwater management that wouldn't require that, right? So MR. CHRZANOWSKI: Yes, sir. COMMISSIONER SCHIFFER: -- listing all the exceptions in that sentence isn't necessary if we do the code right, 1 think. MR. CHRZANOWSKI: What did I come out of that with? What am I go to go do? 1 would just -- not being an English major, I'd just as soon defer to Catherine to rewrite these first two. COMMISSIONER SCHIFFER: She can do that. CHAIRMAN STRAIN: That would have to come back to us again? MS. F ABACHER: I guess so. Unless you -- CHAIRMAN STRAIN: Well, I mean, I don't know what it's going to say now, so I'd have to see it agam. So we'll have to schedule this one for return as well. Mr, Adelstein? COMMISSIONER ADELSTEIN: Yes, it seems to me in 103-D, in the last statement says, but must be signed and sealed by an engineer. If that's what we started to say and that's what you said was necessary, why hasn't it become a requirement? MR. CHRZANOWSKI: Well, the more times we put it in the ordinance, it can't hurt. Is that what -- did 1 misunderstand? CHAIRMAN STRAIN: That's what we're saying, make it a requirement. COMMISSIONER ADELSTEIN: That's what I'm trying to say, why don't we just make it a requirement. CHAIRMAN STRAIN: That's what we're doing. COMMISSIONER ADELSTEIN: Well, okay. Page 24 lu~u~t 8, ~O~ I] CHAIRMAN STRAIN: Yeah, that's exactly what we're suggesting. We're clarifying it here and it's already existing there. So if we vote on this, it becomes a requirement. COMMISSIONER ADELSTEIN: That makes sense. CHAIRMAN STRAIN: On Page 104, the top number three, the first three words, in any case. I guess what this is, it's limiting additions to 1,000 square feet. So no matter where they live or whether they're in compliance now or not -- for example, in the yellow areas where they're obviously under the impervious area, even those ones in the yellow areas would be limited to a 1,000 square foot expansion? Wouldn't they be limited to whatever their negative was and then 1,000 square feet? MR. CHRZANOWSKI: That's probably a good way to do it, yeah. CHAIRMAN STRAIN: Okay. Because they're not in trouble till they go from yellow to white. And then they're only not in trouble on the white if they go 1,000 square feet over. MR. CHRZANOWSKI: I'm trying to think how I would write that without referencing these. You laugh. It's easy for you to laugh, you don't have to do it. CHAIRMAN STRAIN: I'm just seeing if it's fair or not, Stan. If you don't think it's fair-- MR. CHRZANOWSKI: Yes, sir, it's fair. I'm just trying to think how I can word that. But if we're bringing this thing back -- CHAIRMAN STRAIN: Right, you've got time to figure it out. MR. CHRZANOWSKI: -- I'll work on it during the week. You're right, we don't want somebody that's already well in excess to be able to build much more. CHAIRMAN STRAIN: Right. And that 1,000 feet limits that. But if they're already below the threshold, they could go up to the threshold and go 1,000 feet over and still be consistent with what you're providing everybody else. MR. CHRZANOWSKI: That wasn't what 1 was thinking. COMMISSIONER CARON: No. MR. CHRZANOWSKI: 1 was thinking people that are well in excess of the threshold shouldn't be allowed to do the full thousand. CHAIRMAN STRAIN: Yeah, they'd be allowed then too, so maybe we need to put a -- figure out a way to reverba1ize that or rewrite that. MR. CHRZANOWSKI: Well, the thing is they could -- I would say you can add 1,000 feet as long as it doesn't exceed -- COMMISSIONER SCHIFFER: 1 have a suggestion, Mark? CHAIRMAN STRAIN: Sure, go ahead. COMMISSIONER SCHIFFER: 1 think, Stan, if you -- first of all, maybe "in any case" might not be good, Mark's right. But a one-time addition exceeding table -- and whatever the reference to the table is, to an existing __ in other words, if you add after addition, exceeding table let's just call it one, table one, that might -- that's the intent of that is that you can exceed that. MR. CHRZANOWSKI: Yes, the one-time addition that exceeds the-- COMMISSIONER SCHIFFER: Table one is -- MR. CHRZANOWSKI: -- table one by 1,000 feet. COMMISSIONER SCHIFFER: I think that's simple. MR. CHRZANOWSKI: Yeah. COMMISSIONER SCHIFFER: And then maybe kill "in any case", because that's just a-- CHAIRMAN STRAIN: Okay. Well, Stan, you're going to bring this back to us then. Why don't we just, with those suggestions from us, come back. Mr. Schmitt? MR. SCHMITT: Yes, 1 just wanted clarification from Brad. He noted the exception, and he was Page 25 161 IB?? August 8, 2007 noting paragraph two to start as an exception? But I don't read those as exceptions until I get to four. Do you want four to be labeled exception? Sub-paragraph four. COMMISSIONER SCHIFFER: What number one says, you have to do table -- MR. SCHMITT: Right. COMMISSIONER SCHIFFER: -- okay? And then number two says -- gives you other requirements that are not doing the table, and they're not -- they are essentially all exceptions to following the table. Remember at the last hearing that there was -- I think it was section four -- MR. SCHMITT: Yes. COMMISSIONER SCHIFFER: -- in your seating thing. Whoever wrote that, hire them to write this. Because that was perfectly written and it was more complicated than -- MR. SCHMITT: I throw it to Catherine and we'll do this. When it comes back you will look at how this is set up again, for ease and understanding, I guess is what I'm hearing. CHAIRMAN STRAIN: Thank you. Stan, does that take care of it for you on this one? MR, CHRZANOWSKI: Yes, sir, it does. CHAIRMAN STRAIN: Thank you, sir, we'll take a break unti110:15. (Recess.) CHAIRMAN STRAIN: Okay, if everybody will their seats, we'll resume our meeting. And as we were asked by our court reporter, especially in my case, and I'm the most guilty party, I need to talk a little slower, and we need to be careful about talking over one another. It seems these meetings that happens a lot, and so we'll try to be more careful. That way it's more recordable. And also we have a lot to go through today, so if there's any way that we can move it forward faster, we certainly will be trying to do that. And the next one, I guess, Stan, is the seawall infiltration trench, which is another one of yours , MR. CHRZANOWSKI: Yes, sir. Do you want a short presentation or do you know what it's about and you want to vote on it? CHAIRMAN STRAIN: Well, I think it's a whole front and back of one page. It shouldn't be too hard just to tell us what it is, for the record, and then we'll -- MR. CHRZANOWSKI: Okay, generally seawalls, bulkheads and retaining walls are kind of -- MS. F ABACHER: Excuse me, Page 105. CHAIRMAN STRAIN: Page 105 and 106. Thank you, Stan. MR. CHRZANOWSKI: Generally seawalls, bulkheads retaining walls, they're kind of all lumped together. When you do civil engineering design, you somehow toe the bottom in if you're not using a spread footer of some type. You make sure that the wall gets deep enough into the ground to where it's not going to fall over. You put a cap on, you put ties in there. Sometimes you'll notice the tie penetrates the wall and has some type of plate on the front place of the wall. Sometimes they put the ties into the cap, run them back to dead men. But generally one of the design principles in all these walls is that you put a weephole every so many feet, four feet, whatever, and you back that weepho1e up with some type of geo-texti1e bag full of a poorly graded material. That's a material that's all the same grain size, inch and a half stone, three-quarter stone, something that's fairly course, so that the water percolates through the fabric and then through the course material and out the weepho1e. That stops the hydrostatic pressure behind the wall from rising and staying for long periods of time, which puts stress on the dead man tie, stress on the dead man, stress on the wall itself. In effect, you know, the toe kicking out, whatever. Page 26 161 1 B~ August 8, 2007 Although we don't really have an ordinance that requires that. It's just standard engineering practice. We want an ordinance that requires it. And this is it. CHAIRMAN STRAIN: Okay, any questions? Ms. Caron? COMMISSIONER CARON: Yes. Is this just for new construction, or are you looking to have a review of what is currently out there? I mean, are we going to have a lot of code enforcement issues? MR. CHRZANOWSKI: No, ma'am. We weren't going to do it for walls that are already there. But if somebody tears out a wall and puts a new one in, we consider that new construction. Not necessarily new house construction, but new wall construction. And that came up at DSAC, and they didn't want to do it for just wall replacements, but we do. CHAIRMAN STRAIN: Mr. Schiffer, then -- I'm sony, go ahead, Ms. Caron. COMMISSIONER CARON: No, I'd like to finish. They don't want to do it for -- MR. CHRZANOWSKI: Well, they thought it would be too much for -- it would discourage people from replacing their walls. But where you're doing the whole house, they would not have a problem with having the wall replaced, too. But we think if you're going to replace the wall, you should do it right. COMMISSIONER CARON: Yeah, absolutely. Okay, thank you. MR. CHRZANOWSKI: You're welcome. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Stan, one thing in here, it doesn't discuss the weepho1e. Is that something that should be in here or -- MR. CHRZANOWSKI: If it doesn't, we might have missed that very obvious fact. And I don't think it does. 1 will add that. COMMISSIONER SCHIFFER: And we do have an old seawall ordinance. We've gotten into that __ we pulled it out when we were fighting over the cap heights and stuff. This doesn't conflict with that? I'm trying to -- I can see the images in my head of the sections through and it doesn't have this trench. MR. CHRZANOWSKI: Yeah, I don't see how it could conflict with it. It doesn't change any other thing about the wall, other than forcing you to put -- COMMISSIONER SCHIFFER: Okay, then stick to weeps. You wanted an abbreviation, BMP, yet you really never use it in here other than D, you started and then put a BMP. Do we really need it? Unless it's used somewhere else in the code. MS. F ABACHER: I think -- Catherine Fabacher. 1 think it would be better to have it in there in general, because a lot of disciplines use BMPs. COMMISSIONER SCHIFFER: Okay. So this is the start of something big? Thank you. CHAIRMAN STRAIN: Anything else? COMMISSIONER MURRAY: 1 just -- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: -- wondered whether the weepho1es would be in the Best Management Practices. But that's fine, include it. But 1 just wondered about that. MR. CHRZANOWSKI: And generally most of those sheets come with weepho1es already formed into them. But Mr. Schiffer is right, it should be in here. CHAIRMAN STRAIN: Okay. From that our consensus is it should go forward with -- as it is? Okay. Catherine, do we typically do a recommendation approval on each LDC section? Page 27 16. 1 Q?~ .L u::; August 8, 2007 MS. F ABACHER: That's what we started doing now at the last meeting. CHAIRMAN STRAIN: Is there a motion to recommend-- COMMISSIONER SCHIFFER: So moved. CHAIRMAN STRAIN: -- LDC Sections 1.08.01, 1.08.02 and 6.05.02 for approval? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Well, 1 think Brad had said it first. Okay, Mr. Schiffer made the motion, second by Commissioner Adelstein. COMMISSIONER ADELSTEIN: Fine. CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye, COMMISSIONER SCHIFFER: Aye, COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Mr. Kuck, good morning. MR. KUCK: Good morning, Commissioners. For the record Tom Kuck, Engineering Director. The first one that I want to address is on Page 107. And I'm recommending a change to the way it's written. The way it's written is if you get a plat approved by the board you're required, according to this, to record it within 90 days. And after reading it over, I think that's too short a time. I'm recommending either a year and a half or two years, The reason for it is oftentimes in the past developers would decide to put some of the infrastructure in prior to recording the plat. Because if you record the plat, you have to post 110 percent bond. And this gives you a little bit more freedom on that. And going back to our SDPs, once we approve an SDP, they have two years to start construction. So I think the 90 days is too short, and I'm recommending that we go along with it and change it to either 18 months or two years. CHAIRMAN STRAIN: Any questions or comments from the planning commission? COMMISSIONER MURRAY: When does he want, the 18 months or two years? You seem to be happy with 18 months. MR. KUCK: I'd be happy with 18 months. CHAIRMAN STRAIN: It's written as 18, so -- isn't it? COMMISSIONER SCHIFFER: 1 have 90 days. CHAIRMAN STRAIN: Well, on B on Page 108, prior to the 18-month construction -- plat shall be completed within 18 months. MR. KUCK: And this would also affect the LDC -- proposed LDC amendment on Page 109, which also has the 90 days. And I'm recommending that that be changed to 18 months for the same reason. And again, another reason for my recommendation to give a longer time is right now with the way the economy and the building is, there's a lot of developers might want to come in and get their plat approved and go through all the red tape to get that done, and they may not want to start construction in 90 days. This would give them more of a window when they could start their construction. Page 28 161 1 8" August 8, 2007 And I'll be happy to answer any questions you've got on those two amendments. CHAIRMAN STRAIN: Mr. Murray, did you have -- COMMISSIONER MURRAY: No, but 1 just make a comment. 1 just qualify, the predicate for the one on Page 109 is in fact the one on Page 107, if! understand it correctly. Eighteen months sounds good tome. CHAIRMAN STRAIN: Okay, Ms. Caron? COMMISSIONER CARON: The reason for these revisions to the code to begin with said that changes were becoming problematic after the fact. How does -- MR. KUCK: There's a possibility-- COMMISSIONER CARON: -- increasing-- CHAIRMAN STRAIN: One at a time. MR. KUCK: There's a possibility in that 18-month time frame there may be some changes to the LDC code. But I'm saying if it's approved by the board it's grandfathered in, for lack of a better term, for the next 18 months, and not subject to any revisions to the code. CHAIRMAN STRAIN: You know, Mr. Murray originally asked about the 18 months. And Bon Page 108 addresses the 18 months, but C seems to contradict, Tom, in what you said. Once approved by the board, the applicant shall submit the final plat for recordation within 90 days. MR. KUCK: Under the reason, you say? CHAIRMAN STRAIN: Page 108, under C. MR. KUCK: Oh, I'm on the wrong page. CHAIRMAN STRAIN: The underlined sentence. And maybe I'm not understanding the process properly. MR. KUCK: I think there's -- no, it's the same thing. It says once approved by the board the developer shall record it within 90 days. And I'm saying the same thing there, that it would be 18 months. Is that cleared up or -- CHAIRMAN STRAIN: No, actually it makes it even more confusing. Because the language that we're approving today would be that underlined language in C. And you're saying that's not the right language? MR. KUCK: What I'm proposing the change to be is wherever they show 90 days, that would be changed to 18 months. CHAIRMAN STRAIN: Okay. Well, then the whole reason for this LDC amendment is -- the reason portion's got to change then too; is that right? MR. KUCK: That what? CHAIRMAN STRAIN: On Page 107 in the middle of the page where it says reason. MR. KUCK: Yes. CHAIRMAN STRAIN: You see the last sentence? MR. KUCK: Yes. CHAIRMAN STRAIN: You're saying that 90 days should be 18 months; is that correct? MR. KUCK: That's correct. CHAIRMAN STRAIN: I'm a little puzzled, why did we have this brought to us if it was for 90 days? What are we changing? MS. F ABACHER: Apparently -- that's the first I've heard of the change, to be honest. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yeab, and I think -- let me wait till he's -- CHAIRMAN STRAIN: Guys, you can't -- Tom and Joe, you guys -- COMMISSIONER SCHIFFER: Tom, just for clarification, isn't B discussing the construction of Page 29 16\ IB~ August 8, 2007 the improvements, which they're given 18 months to do after approval, correct? Isn't that what's happening up in B? And C is just referring to the finalizing of the plat, essentially the recording of it. CHAIRMAN STRAIN: See, Tom, 1 think we're going in the direction you want to go in. I just think we're confusing how we're getting there. MR, KUCK: Yes, because the way it's written right here is if you take the plat and get the board's approval, you have 90 days to record it. And what I'm saying, you get board approval, you've got 18 months to record it. So if you want to start putting infrastructure in, you've got an approved plat that's not been recorded, that's been approved by the board, and that gives you 18 months to put the infrastructure in. And then at the time you do record it, whatever part hasn't been completed, you wouldn't have to post 110 percent bond for that. So to me it's a plus. But maybe -- maybe I'm overlooking something on it. CHAIRMAN STRAIN: No, I think we're all trying to get to the right spot. 1 just maybe think we need to have the paperwork updated to the right time frame and brought -- MR. KUCK: What I recommend is that with these others coming back, we would bring these two back also. CHAIRMAN STRAIN: 1 think that would be good so it's real -- MR. KUCK: ClarifY it. CHAIRMAN STRAIN: -- clear for all of us. MR. KUCK: Okay, CHAIRMAN STRAIN: So Page 107, 108, 109 and 110, if there's no objections from the rest of the panel, it's going to be revisited by staff and come back to us; is that okay? COMMISSIONER SCHIFFER: 1 do have one more. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Up above in B you've added, by the Board of County Commissioners. And down in C you've added approval by the board. Do you think we should add of county commissioners there also? MR. KUCK: To be consistent? COMMISSIONER SCHIFFER: Yes. MR. KUCK: That can be done. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: The next one 1 think we have to discuss, Tom, is the Page Ill? MR. KUCK: Yes. And what we're saying in this is, and it's to be consistent with the SOPs, that once we approve an SO -- no, I'm misstating that. Once we -- on an SOP and it's this way, but on a plat, once we give our comments, we're saying that they have to come back within 270 days. Right now it's open, we can give them a reject and they've got, you know, an unlimited time till they have to corne back. This shortens the time frame. If it's rejected, they're going to have to come back with their revisions within 270 days, and that again would be consistent with what we require on site development plans. CHAIRMAN STRAIN: Commissioner Adelstein? COMMISSIONER ADELSTEIN: I'd like to just back up for one minute. On Page 110, the bottom line says 36 months there. Is that different from the 18 you want? Page 110, third line from the bottom. CHAIRMAN STRAIN: But Lindy, that one's going to come back for a rewrite, come back to us. COMMISSIONER ADELSTEIN: We're talking about 18, 18, is this going to be different than 18 and B 36? MR. KUCK: What that 36 month 1 believe is saying is that once the plat is recorded they have 36 months to complete construction. COMMISSIONER ADELSTEIN: Okay, thank you. Page 30 16 1 1 81 August 8, 2007 CHAIRMAN STRAIN: Okay, Now back to Pages 111 and 112. Are there any questions on those two pages? (No response.) CHAIRMAN STRAIN: Hearing none, is there a recommendation to approve LDC Section IO.02.05(E)(2)(s)? COMMISSIONER MURRAY: So moved. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Motion made by Commissioner Murray, seconded by Commissioner Adelstein. All those in favor, signifY by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Tom, we're on to Page 113, MR. KUCK: 113 is actually a repeat of the other one. It's just another section of it where -- the code where we're addressing it to -- CHAIRMAN STRAIN: That same thing appears-- MR. KUCK: Same thing. CHAIRMAN STRAIN: -- twice in the code. MR. KUCK: Yes, it just -- another section of the code that needs to be changed so they're consistent. CHAIRMAN STRAIN: Okay, is there any questions on that one? (No response.) CHAIRMAN STRAIN: Okay, is there a recommendation to approve LDC Section IO.02.05(A)(2)? COMMISSIONER MIDNEY: So moved. CHAIRMAN STRAIN: Moved by Commissioner Midney. Seconded by? Somebody. COMMISSIONER MURRAY: Second, CHAIRMAN STRAIN: Mr. Murray. Wouldn't that have been something, Paul, if finally you made a motion and nobody seconded it. All those in favor, signifY by saying aye, COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? Page 31 "I I' 1 Q0 J. ~gust ~ id07 (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Tom, 1 think we're on Page 115 now. MR. KUCK: 115. This proposed LDC amendment is dealing with off-site drainage. And what we are proposing to add is a subsection requiring off-site drainage improvements be constructed prior to any on-site infrastructure construction. And the reason is to prevent the development of new projects from creating drainage and erosion problems to the surrounding neighbors and lots. It's something that has to be done, and oftentimes some of the developers put it off. And they -- so they're really creating a problem. And I'm saying I think that it needs to be put in first before they do the major infrastructure construction to protect the neighborhoods. COMMISSIONER SCHIFFER: Move to approve, CHAIRMAN STRAIN: Well, before you do, if nobody has any questions, I've just got two. COMMISSIONER MURRAY: I just had one. CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: Real simple. In doing this, this would not impede in any way their access to the sites and construction in any way, correct? MR. KUCK: No, what we're trying to prevent is when they come in and put a lot of fill in and buildup and they're creating more of a runoff to the neighborhood. COMMISSIONER MURRAY: I understand. MR. KUCK: And they are obligated by the approved plans to put perimeter drainage in and sometimes some off-site drainage improvements. We want to make sure that that's basically in place prior to the major development. COMMISSIONER MURRAY: I understand. And I think that's a worthy cause, thank you. CHAIRMAN STRAIN: Tom, on Page 117, which is the last page of this one, item "X" -- it's 10,1 guess, Roman numeral "X" -- it refers to that the plan shall include a general note stating all off-site drainage improvements, including perimeter berms, swales, et cetera, shall be completed and operational prior to the commencement of construction of on-site improvements. I've got two questions. The word "all" in front of off-site drainage where it says all off-site drainage, there are some projects that are large, thousands of acres, yet the development in the project is limited to phases in the very, very say far end of the project that doesn't take in the full 4,000 acres. So when you say all off-site drainage, aren't we limiting it to all within the South Florida -- MR. KUCK: That's a good point. CHAIRMAN STRAIN: -- Water Management. MR. KU CK: 1 think we'd have to define something in the particular phase of it. CHAIRMAN STRAIN: Right. I'm a little concerned that if you use all off-site drainage, someone's going to take that wrong and we're going to end up having projects completing -- MR. KUCK: It's a point well taken, 1 agree. CHAIRMAN STRAIN: Okay. And the word construction in the last part of that. Commencement of construction of on-site improvements. Well, the excavation needed to run the drainage to these off-site drainage berms and swales is on-site improvements, So do we mean in reference to construction that it's vertical construction or something like that, or road construction? I'm wondering how we can build the facilities that are going to be receiving the water without having first built the complex basins and piping that takes it to those facilities. And I want to make sure that we're not prohibiting them. MR. KUCK: I'm just trying to protect the surrounding neighborhood. I'm not saying that they have Page 32 16 I 1 B~ August 8, 2007 to have the drainage complete within it. I'm trying to provide the protection of the surrounding subdivisions, neighborhood, so the developer doesn't come in and omit putting the silk screens in, putting the perimeter swales in. And in some cases, there's a few developments where they've had to put the storm drainage in to a positive outfall system. And 1 think those improvements like that have to be completed prior to doing the major development. CHAIRMAN STRAIN: 1 don't disagree with you. In fact, 1 like -- the whole idea is great. I'm not disagreeing with you. I just want to make sure that if someone were to read this and want to interpret it in a way that maybe it wasn't intended, that it doesn't get that direction. And when you talk about all the storm water outfall systems, on-site perimeter swales shall be complete and operational prior to the commencement of construction of on-site improvements, I'm just saying maybe we could put a better word in there defining what type of construction we're referring to. You mean impervious surfaces, for example. Prior to the construction of any impervious surfaces on site or something like that, so we're not saying you can't construct -- MR. KUCK: It's a little bit difficult to describe, because some of the cases where we've had problems is that they've come in and filled the site right off the bat with fill material. And that's what's creating the problem, primarily. And I'll look at it and see if 1 can clear it up. And your point's well taken on phases, because if we've got a, you know, 3,OOO-acre subdivision or -- I wouldn't expect all that drainage. But for that individual plat that came in or that phase of it, it would apply to that. And l'l1 get that changed. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: A thought, maybe. And 1 understand what you're talking about, I believe. Could the use of the word "the" be appropriate in there to make it more specific to help? Prior to commencement of construction of the on-site improvement? Meaning the vertical structure, as opposed to the other portions. Does that help in any way? CHAIRMAN STRAIN: I don't know if that -- MR. KUCK: I'm not looking at the vertical construction, I'm really looking at -- COMMISSIONER MURRAY: You're only looking at the improvement that IS the support structure. MR. KUCK: What I call the infrastructure. CHAIRMAN STRAIN: I think if Tom takes a stab at it and brings it back-- COMMISSIONER MURRAY: All right, thank you. CHAIRMAN STRAIN: -- we'd be able to find it. And I have one more comment on the next paragraph A, second sentence. Failure to comply will result in the project being halted until such time as the project is brought into compliance with this requirement. And since you're going to look at some language, being halted is maybe not a term that we have in our abilities. Maybe it's -- 1 don't know what Margie, what you legally use, but -- MS. F ABACHER: Stop work order. MS. STUDENT-STIRLING: Stop work order is what comes to mind. CHAIRMAN STRAIN: Okay, maybe we ought to -- MR. KUCK: Stop. CHAIRMAN STRAIN: -- say stop work order. Maybe failure to comply will result in the project being issued a stop work order until such time the project is brought into compliance. So Ms. Caron -- or Mr. Schiffer, then Ms. Fabacher. COMMISSIONER SCHIFFER: And Mark, one thought -- and this is on A -- is that the word Page 33 16; 1 B'3 August 8, 2007 addressed, if we replaced that with the word established, that meant at the pre-conference they could see the large side and they could establish how they're going to go about, you know, taking this on a site-by-site-basis 1 think would be better. CHAIRMAN STRAIN: Tom, did you see the reference he's talking to? It's-- MR. KUCK: What word? You say cross out addressed and use what? COMMISSIONER SCHIFFER: Established. In other words at that pre-conference you'll look at the project. If it has phases and stuff, you'll establish how you're going to do that. MR, KUCK: Fine. CHAIRMAN STRAIN: Ms. Fabacher? MS. F ABACHER: Thank you. 1 had some suggested language here in "X" to address your issue of whether it's a bigger project. CHAIRMAN STRAIN: Right. MS. F ABACHER: So I'm on one, two, three, four, line five, improvements in the approved phase of development, including berms, yada, yada, yada. What do you think about that? CHAIRMAN STRAIN: Well, it might be a start. I'm just -- when you go in for your water management permits, the county requires you to have a South Florida Water Management District permit. At which time you're creating your South Florida Water basin for the area that you're permitting. That basin has to have an outfall into an approved discharge point in order to be permitted. So it would seem to me that if you limited your discussion to the phasing established by the South Florida permit basin that this is applying to, and that basin has an outfall and the outfall is installed, anything upstream of that is going to flow down and be able to utilize that outfall. So 1 understand what you just said, but it might be easier to reference the South Florida water basins or something like that. So let's just give it some thought and maybe we could bring this one back next time and just finalize that one paragraph and some clarifications or two of them. Does that work for everybody? MS. F ABACHER: Okay. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: One more little thing. You know that sentence you read, failure to comply? Because -- and this is code-ese again. Because it's in parenthesis A, it's really referring to failure to comply with the mandatory preconstruction conference. 1 think that should be a paren. B, that sentence that starts with failure. Because that's -- your intent is failure to comply with the improvements, not the meetings, so -- CHAIRMAN STRAIN: Okay, well, that will get done. 1 think Joe just acknowledged that, too. Did you take some kind of code writing class or something? You're always coming up with these little paragraphs. COMMISSIONER SCHIFFER: I'm starting to feel weird doing stuff like this all the time. CHAIRMAN STRAIN: That's good. No, that's helpful. 1 just was curious where you picked it all up. Okay. So Tom, 1 guess this one will come back. Thank you. The last one for you, sir? MS. FABACHER: That's it for him. Now we're going to proceed to Page 119, and it's Section 10.03.05, notice of requirements for public hearing. And I think Mr. Weeks is going to handle this one. It came out of his shop. And it's requiring signage for Growth Management Plan amendments that are either site specific or small scale. On Page 119. MR. WEEKS: Good morning, Commissioners. For the record, David Weeks, comprehensive planning department. Catherine has adequately described what is being proposed, and that is to add a requirement for Page 34 Afrts! 8, 2Jo~'Q posting of signs for site specific comprehensive plan amendment. However, you will notice there are far more changes reflected within these pages of the amendment, and that is because we've also reorganized the text somewhat and we also had to add text to make it clear that the plan amendments were only subject to this sign posting requirement. And as previously had been added to this section, a requirement to what some ofthe advertising requirements are. What we need to do is make it clear that the comprehensive plan amendments are not subject to the property owner notification that occurs with rezones and other types of petitions. 1 hope that helps explain why there are so many other apparent changes throughout. And there's three additional revisions that I need to present with you today, in reviewing this a few moments ago I noticed. The first two of which are extremely minor. The first is on Page 120. This would be new Section B-3. On the second line it begins, plan amendments. A sign must be posted 15 days prior to, et cetera. We need to insert the phrase "at least". So a sign must be posted at least 15 days. That is to be consistent with the language elsewhere in this section, that it should be at least 15, as opposed to exactly 15 days. On Page 121 at the very top of the page, after the words comprehensive plan, we should remove the colon. And on Page 123, this section is walking through different notice requirements. Sub-paragraph eight refers to a property owner letter, which is not applicable for plan amendments. Sub-paragraph nine refers to a legal ad, which again is not applicable to plan amendments. Sub-paragraph 10 and 11 also pertain to property owner letters that's not applicable to plan amendments. Those are all in the context of planning commission hearing. And then when you jump over to Page 124, re-numbered sub-paragraphs 12, and 13 pertain to the Board of County Commissioners' hearing. I'm getting to my point, ifyou'l1 stay with me. Y ou'l1 see that we've added sub-paragraph 14 that provides that the notice requirement, the legal ad requirement is per Chapter 163 of Florida Statutes. Because the legal ad requirements for plan amendments is different from the requirement for rezonings, variances and so forth, as reflected over on Page 123. But you'll notice this new sub-paragraph 14 specifically refers to Board of County Commissioners. What is missing is reference to the legal ad for the planning commission. And so 1 am proposing that we take the language from new sub-paragraph 14 and make it a new sub-paragraph 12 on this Page 124 and renumber the subsequent items. It would read just the same as sub-paragraph 14 presently reads, except we would simply replace Board of County Commissioners with the phrase planning commission, (local planning agencies). Because that's how that's referred to in state law, not planning commission. And 1 would presume that you might want to see this again. I apologize, I just caught this today. CHAIRMAN STRAIN: 1 don't think that's a problem, David. Mr. Murray? COMMISSIONER MURRAY: David, on Page 119. MR. WEEKS: Yes, sir. COMMISSIONER MURRAY: Do we always hold two hearings when we do a GMP amendment? MR. WEEKS: No, sir. The exception-- COMMISSIONER MURRAY: My question then relates to the -- each sign costs eight and $1,200. The signs must be posted prior to both hearings. Do we -- we can't know whether or not we're going to have a second hearing. 1 presume that's the basis for charging for in both cases? What I'm driving at, is there any reason why -- or any relief we can give anybody on fees, if we Page 35 16 "~, "\ ',. " ..a., s....:, August 8, 2007 know that we normally will not have a process in place? But 1 guess I'm answering my own question, am I not? MR. WEEKS: Well, the way it works is the fees that are paid to the county covers of course our review cost. The applicant has to pay their own advertising fees. And specific to your question, the applicant has to pay for the posting of the sign, not the county. So that we know, additional fee to be paid to the county, but certainly the applicant would incur that additional expense. CHAIRMAN STRAIN: I think what Mr. Murray is -- 1 think, Mr. Murray, you're saying that you think the 800, $1,200 is the fee the applicant pays to the county for the posted sign? COMMISSIONER MURRAY: Now 1 see that it's not, obviously. CHAIRMAN STRAIN: Right, it's not. That's what -- the applicant has to go out and buy a sign. And if it cost him 500 bucks, 800, staffs trying to put in a rough ballpark figure, just so we know what we're talking about. And that was the extent of that. COMMISSIONER MURRAY: Okay, that would -- you're right about that. And I thought to myself, look, we don't have the second hearing, it's a shame to have to pay it. So if they weren't going to have a second hearing, the $1,200 doesn't apply because they wouldn't do it. Thank you. CHAIRMAN STRAIN: And this one is going to come back for the clarification language involving the CCPC hearing. So we'll just catch it when it comes back. And the next one, David, is yours as well, or -- no. MS. F ABACHER: No, that's Linda. CHAIRMAN STRAIN: Linda Billington. That's the Commissioner Adelstein amendment, if I'm not mistaken. Okay, anything else, David, of yours? MR. WEEKS: No, sir. 1 actually would like to comment on this next one. I've had some involvement in it, because it -- because any of these changes to notice requirements, we want to make sure that they don't impact comprehensive plan amendments, because the two are very different in the notice requirements. And in this case, specific to the neighborhood information meeting. If you wouldn't mind, I'd like to have this come back. 1 just -- I'm uncomfortable with it. I'm thinking that we've missed something here. MS. F ABACHER: We're not -- excuse me, Catherine Fabacher here. We're not working out of the book on this one. We're working out of the last revision they got. This one's been revised from what's in the book, based on your comments prior to now. So I don't know if you want to look at the revised one, David, and see if you have the same problems. CHAIRMAN STRAIN: But at the same time, if David needs time with it, 1 certainly would feel a whole lot more comfortable ifhe had whatever time he needs to get it looked at. MS. F ABACHER: That's fine. I just want to make sure he's looking at the correct version. It's not the book, it's revised based on your revisions, David. MR. WEEKS: How about this, Commissioners, if you'll allow me, 1'11 -- if Catherine has another revised copy, 1'11 be taking a look at that in the back of the room and maybe we could come back with this later in the meeting? CHAIRMAN STRAIN: That sounds fme with me. Is that-- COMMISSIONER ADELSTEIN: Me, too. CHAIRMAN STRAIN: 1 would rather you had a close look at it as well, if you haven't already. So that's fine, David. MR. WEEKS: That way if everything's okay, you don't delay it and take up your time and other staff. Page 36 iQjst 8, !O~ ft; CHAIRMAN STRAIN: Okay, we'll move on to Page 129. MS. F ABACHER: 1 guess that's me. The Board of County Commissioners had directed at -- based on the fact that they had approved the first mixed use project -- as you know, the mixed use project is kind of an abbreviated approval process that was created for the Bayshore and the Gateway Triangle overlays, to help facilitate redevelopment of the area. And if you recall, originally, the way the process works now, is that you -- the applicant provides a conceptual plan to the board, which is purely for purposes of identifying the intensity of uses and the density, the number of residential units. And it's basically just a conceptual plan approval. The board had wanted to have the planning commission take a look at it before they did. There were a lot of problems with that particular application. 1 don't know that that would happen all the time in a regular MUP, but staff comments that that would really add to the review time and add to the expense to the applicant when the whole intent of the abbreviated process was to have that approval so a person could go forward and know that they were going to be allowed to have the bonus density, which being a redistribution of resources has to be done by an elected body. Meaning the distribution of the 388 bonus units that are allowed in that overlay area, or the CRA over there from the Botanical Gardens. And then the second one was to just look at the compatibility or the intensity of the commercial uses that were going to be mixed. This is all for mixed use projects in the overlay. So, you know -- CHAIRMAN STRAIN: Well, the way 1 look at it, Catherine, if the board directed it and they wanted to see us review it, 1 certainly think we should oblige them. And 1 would like to review it anyway. I think it should be part of this board. So that's my thoughts. Mr. Adelstein? COMMISSIONER ADELSTEIN: Yeah, the only thing that bothers me is the statement that says this would give them additional -- they were losing approximately three months, by the way of we're doing it now. And it seems to me that at least 20 percent or 25 percent of them on the day that the meeting is actually ready to have, they're passing it on for another reason. So it doesn't seem to make sense if we're trying to rush it through. Because if we try to rush it through, we're going to have more problems with them saying, well, we're not ready for that yet or we've got to do this yet. This one doesn't give me any justice of how it should be happening or how it should be done. MS. F ABACHER: Well, this is -- there are specific criteria for the approval of conceptual plans and specific criteria for this approval within that Section 10.030.5(G), I believe, and 2,03.07 in the overlays. But there aren't really any other reviewers, because it's just a conceptual plan. It's like the line drawings ofthe footprint. And it's not drainage improvements, so it's not that level of review, That level of review would go on in the SDP process. This is just -- purely the two things that the board is supposed to do is, like 1 said, if you want to redistrict a resource, such as these bonus units, then you really can't do that administratively or through an advisory board, you kind of -- you need an elected body to redistribute these units. And the other thing was is to look at the intensity of use for the commercial use to be appropriate for the mixed use. But you certainly can review it on that basis yourselves. CHAIRMAN STRAIN: So basically this brings those projects into this board for review as well-- MS. FABACHER: Yes, sir. CHAIRMAN STRAIN: -- the BCe. MS. FABACHER: Yes, sir. CHAIRMAN STRAIN: Does anybody have any comments or objections to that? Page 37 16: 183 August 8, 2007 Mr. Schiffer? COMMISSIONER SCHIFFER: And Catherine, one thing that happened, and I watched that hearing, is the intent was is obviously to get the bonus units, the Commission would decide to do that. The problem also was, is to go from conventional zoning to the mixed use zoning, That was the instrument to allow that. MS. F ABACHER: Correct. COMMISSIONER SCHIFFER: The problem was, is in that hearing there was variances from the actual overlay, the deviations, and that's the weird thing. In other words, somebody took that process to essentially get a site plan approval that didn't meet the requirements of the -- in this case the BMUD. And I don't know how that could ever have even been allowed at that hearing. MS. FABACHER: Well, it's kind of written in to the BMUD language-- COMMISSIONER SCHIFFER: So what it is -- MS. F ABACHER: -- to be allowed deviations. COMMISSIONER SCHIFFER: So this is a way totally -- you know, and obviously this patches it. But the one that went through, I mean, we really -- they were allowed to take a line drawing that would essentially show the commission the scale of the project to get approval to do a mixed use project and use that to alter the requirements of the BMUD. And that's allowed in the ordinance as it is? MS. F ABACHER: The deviation -- the administrative deviation process takes place under the -_ during the SDP. COMMISSIONER SCHIFFER: Correct. MS, F ABACHER: It's not really supposed to take place in front of the board. The conceptual plan, it says -- it states that unless stated otherwise, a conceptual plan will follow the LDC requirements. COMMISSIONER SCHIFFER: So when that project goes into the SDP process, that's going to be administratively reviewed -- MS, F ABACHER: Yes. COMMISSIONER SCHIFFER: -- to see if these deviations are allowed. MS. F ABACHER: Exactly. CHAIRMAN STRAIN: Catherine and Brad, you guys, that's not the issue we're discussing here in this LDC amendment. 1 know it's a good issue to talk about, but we're basically trying to determine here by this approval if these are going to come back to the -- come to the planning commission before it goes to the board. MS. F ABACHER: Correct. COMMISSIONER SCHIFFER: Well, I'm getting-- CHAIRMAN STRAIN: You're getting to that? COMMISSIONER SCHIFFER: Yeah. Where that trail's going to lead me is that would this now, now that it's going to come before the planning commission before it goes to the board -- because there's no reason to go through the planning commission unless there is the approval of deviations. Because the BMUD is pretty straight forward. You know, if someone's working within those requirements, essentially it's the same as working with conventional zoning. So would that be part of the process then that we'll be reviewing, deviations and making recommendations on them? MS, FABACHER: Well, if that's your direction to change it that way. Currently, no. It's still an administration deviation process within limits identified in the overlays. CHAIRMAN STRAIN: Mr. Schmitt? I'm sorry. Page 38 16! 1 B) August 8, 2007 MR. SCHMITT: Yeah, Brad, what -- if you recall the timing of this, the BMUD was approved and then it was months later that they went through and amended the LDC to allow for the deviation process. So it was kind of two different things. There is a deviation process. And when that hearing went before the board, the deviation process really hadn't __ it wasn't in place yet. And then when we came back to the board to discuss that project, that's when the board directed that this panel -- that we present these projects before this panel. And 1 agree with Commissioner Strain, 1 mean, that clearly was the direction of the board. And that's the way this was written. 1 think the three months only identifies it, it doesn't lengthen the process. Originally with the BMUD process was developed, it was to allow for some expeditious development standards in the CRA. All we're pointing out here is it does add another public meeting. But the board was very clear. 1 think that's somewhat non-negotiable from staff. You certainly can comment as to whether you want to review it. And I think it was clear that you do want to review it, and 1 think it was clear from the board. COMMISSIONER SCHIFFER: I want to review it, so my concern isn't this. I accept everything here. My concern is that would it not be wise now to pull the deviation process into the planning review process? Because that would put deviations in the public hearing, where now they're administrative. CHAIRMAN STRAIN: Brad, that would be a separate public LDC cycle amendment, and 1 don't MR. SCHMITT: Separate LDC amendment. CHAIRMAN STRAIN: -- think you could do that today because it's not been -- there were parties who were very interested in that process, and to be fair, they'd have to be notified and we'd certainly have to discuss that publicly. We're only discussing today this one process that's in front of us, not one that opens a broader range. And if that's something that the board wants to change, we certainly can listen to it. COMMISSIONER SCHIFFER: Then Catherine, to summarize it, the planning commission will be making what decisions in this process? MS. FABACHER: Reviewing the conceptual site plan, the same as the board. And looking at the __ well, the distribution of these bonus units. And the intensity of the commercial uses to be used in a mixed use project. MR. SCHMITT: And 1 believe -- and I apologize for jumping in, but I believe as a planning commission it's certainly within your realm of authority to ask if there are going to be any deviations in the application process. CHAIRMAN STRAIN: Right. We can review those during the same time. MR. SCHMITT: 1 mean, they're administrative in nature. But I kind of want to say that this is a growing process. This is something we've never done before. We've only have had one. And as you recall, when that one came in it didn't fit the round hole that they wanted it to fit. And then there was an applicant who came in and proposed a deviation process. CHAIRMAN STRAIN: Mr. Schmitt, 1 think we're kind of beating a dead horse here. We got direction from the board, board wants us to do this, it's a good thing to do it, it helps the public, so let's just get on with it. Ms. Caron? COMMISSIONER CARON: Motion to approve. CHAIRMAN STRAIN: Motion's been made to approve LDC -- COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: -- Section 2.03.07. Seconded by Commissioner Murray. And that includes 10.03.05, notice requirements for public hearings for the BCC. Page 39 161 1B9 August 8, 2007 All those in favor ofthe motion as made and seconded, signifY by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye, CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody denied? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. MS. FABACHER: Commissioners, now we're on Page 139, and we have Joe Thompson with comp, planning. And they're changing the requirement for a title opinion to a GAP affidavit for a TDR severance application. On Page 139. CHAIRMAN STRAIN: By the way, Mr. Weeks, did you finish your review? Just nod yes or no. Okay, 1 was going to get you back up next, but that's fine. Thank you, Go ahead, sir. MR. THOMPSON: Good morning, For the record, Joe Thompson, compo planning. Essentially there's two changes taking place here. One is to replace the existing code reference to a title search, and the recommendation is to replace that with a title opinion. Because the title opinion has the legal backing, but the title search does not. Further, the GAP affidavit requirement would essentially be implemented in terms of a severance applicant submitting their application to us. Staff review taking place subsequent to the reviews obviously would get the application back and we would record the severance instrument. And what would happen there is we have that GAP affidavit that would be in place which would allow us to look at the time period between the initial title opinion and the time that the instrument was recorded. So that time period, there was no development restrictions or conservation restrictions recorded on the property that we would be aware of. So it really closes a hole. CHAIRMAN STRAIN: Question, before we go too far. MR. THOMPSON: Yes, sir. CHAIRMAN STRAIN: You're on Page 139; is that correct? MR. THOMPSON: Yes. MS. F ABACHER: I'm sorry, I gave you the wrong page. CHAIRMAN STRAIN: Catherine, why did we skip 137? MS. F ABACHER: We've already voted on that one. CHAIRMAN STRAIN: We have? COMMISSIONER MURRAY: 137? MS. F ABACHER: Isn't that the -. COMMISSIONER MURRAY: 1 don't recall that. CHAIRMAN STRAIN: I don't either. My notes don't reflect-- COMMISSIONER MURRAY: No, we never got that-- MS. F ABACHER: I'm sorry, I got confused with the other Estates. Right. I'm sorry, this is just a citation. My apologies. CHAIRMAN STRAIN: Okay. So we'll continue 139, but then we're going to go back to 137 when we finish this discussion. Thank you. Page 40 16 I 1 81 August 8, 2007 Any questions on Pages 139 through 142 concerning the GAP information? (No response.) CHAIRMAN STRAIN: Hearing none, is there a recommendation to approve 2.03.07? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Recommendation made by Commissioner Adelstein. Is there a second? COMMISSIONER CARON: Second. CHAIRMAN STRAIN: Second by Commissioner Caron. All in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: All opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. MS, F ABACHER: My apologies. Stay there, because there's one for you. But let's go back to the one that we skipped, Commissioner. Page 13 7. And this is to replace an incorrect reference in the text under Estate district. And 1 have to say too that instead of -- at the bottom of Page 13 8 where it says one, number one, that should really be five. CHAIRMAN STRAIN: Number one should be the number five. MS. F ABACHER: Should be the number five. Beyond that it's simply-- CHAIRMAN STRAIN: It's a text change to the -- MS. F ABACHER: Yeah, it wasn't Chapter 207 anymore, it's Subsection 4.02.01. That's just some language from the old code. CHAIRMAN STRAIN: Any comments? (No response.) CHAIRMAN STRAIN: Is there a recommendation to approve 2.03.01(B)? COMMISSIONER MURRAY: All right, I'll make it. CHAIRMAN STRAIN: Mr. Murray made the recommendation. Second? COMMISSIONER MIDNEY: (Indicating.) CHAIRMAN STRAIN: Mr. Midney seconded it. All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? Page 41 16l 1 B"? August 8, 2007 (No response.) CHAIRMAN STRAIN: Motion carries. Thank you, Okay, we're on to page -- MS. FABACHER: 145. MR. THOMPSON: 143. MS. FABACHER: Oh, sorry. COMMISSIONER MURRAY: She wants to get done early. CHAIRMAN STRAIN: Okay, Mr. Thompson, it's all yours. MR. THOMPSON: This basically deals with the TDR program as well, specifically with respect to the environmental restoration and maintenance bonus. Typically if there's a private restoration maintenance plan implemented, the county requires financial surety. And the code reference is now a performance surety bond or similar financial instrument. And given that we had never actually had one of these presented to us until about a year ago, came to the conclusion that it would be best to use an instrument that the board is actually familiar with, like a letter of credit, which was approved by the board and actually just recently released on their consent agenda. So it's really just a matter of using something that's more recognizable, and it's used on a regular basis. And I want to leave the word similar financial surety in there just in case there's some extenuating circumstance down the road where someone wants to use something other than a letter of credit. CHAIRMAN STRAIN: Any questions? (No response.) CHAIRMAN STRAIN: Is there a recommendation for approval of Section 2.03.07.D.4.C.II(A)(3)? COMMISSIONER MIDNEY: So moved. CHAIRMAN STRAIN: Mr. Midney made a motion. Is there a second? COMMISSIONER ADELSTEIN: I'll second it. CHAIRMAN STRAIN: Seconded by Commissioner Adelstein. All those -- COMMISSIONER MURRAY: 1 have a question. CHAIRMAN STRAIN: Yes-- COMMISSIONER MURRAY: Because 1 heard Mr. Thompson say something, and it doesn't seem to be-- CHAIRMAN STRAIN: Could you pull your mic closer to you? COMMISSIONER MURRAY: Yeah, I'm sorry, I apologize. On Page 144 where on number three, that's at the bottom, you said -- I thought you said that you wanted to retain the bond. MR. THOMPSON: No, eliminate the bond but-- COMMISSIONER MURRAY: Oh, you did say eliminate. MR. THOMPSON: Yes, But just retain the similar financial surety. COMMISSIONER MURRAY: 1 appreciate it. 1 misheard you. CHAIRMAN STRAIN: Okay, there's a motion been made and seconded. All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. Page 42 16\ 18<1 August 8, 2007 COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, thank you. MS. F ABACHER: Commissioners, on Page 145, it's a simple clarification to the Goodland zoning overlay. It discusses storage sheds and parcels located off of the current -- text says Bayshore Drive, but actually there's no Bayshore Drive in Good1and, it's -- the road is Bayshore Way. CHAIRMAN STRAIN: So this whole two pages just changes the word Drive to Way. MS, F ABACHER: Correct. COMMISSIONER ADELSTEIN: Yeah. CHAIRMAN STRAIN: Okay, we -- there's not much discussion we can go on that one. COMMISSIONER CARON: Motion to approve. CHAIRMAN STRAIN: Mr. Ko1flat, do you make a motion? COMMISSIONER KOLFLAT: Motion to approve. CHAIRMAN STRAIN: That's Section 2.03.07. Is there a second? COMMISSIONER MURRAY: Sure. CHAIRMAN STRAIN: Second by Commissioner Caron. All those in favor of the motion, signifY by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye, CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. MS. FABACHER: Commissioners, on Page 147, it's another clarification. It's to Section 2.03.07(K). And that is the section that outlines the activity center number nine overlay. And what we're doing is just cross-referencing or changing the -- we're cross-referencing the supplemental design standards located in the LDC at Section 4.02.23, which has never been cross-referenced. So just so the people know when they're going to develop in that activity center, they need to look at the supplemental standards. CHAIRMAN STRAIN: Okay, is there any questions? (No response.) CHAlRMAN STRAIN: Hearing none, is there a recommendation to approve 2,03.077 COMMISSIONER MURRAY: Moved. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Murray, seconded by Commissioner Adelstein. All those in favor, signifY by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. Page 43 16; 1 B7 August 8, 2007 COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, MS. FABACHER: The next one is going to be on Page 149, and it's another cross-reference that was incorrectly cited. And I'm on Page 150, and we're changing Section 2.03.08(D) to (C). And while we're at it, we might as well say subsection. Because when you add that letter you become then a subsection. CHAIRMAN STRAIN: Okay, any questions? (No response.) CHAIRMAN STRAIN: Hearing none, is there a recommendation to approve 2.03.08? COMMISSIONER MURRAY: Sure. CHAIRMAN STRAIN: Mr. Murray made the motion. COMMISSIONER ADELSTEIN: (Indicating,) COMMISSIONER ADELSTEIN: Mr. Adelstein seconded. All in favor, signifY by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye, COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. MS. F ABACHER: Okay, I'm going to ask Mr. Weeks to join us again. This is something that was done out of comprehensive planning. We're making one small change on the density table. And then when they were in front of DSAC, DSAC asked them to completely rearrange the table, because -- not rearrange it, but make it clearer. So they made a lot of -- that's about the only change. I think on the left-hand side, I'm on Page 152, there are some areas you can see where they added additional VR and RT, where it was blank before, So people weren't quite sure what that applied to, that whole row. And then as you can see in the right-hand column there, the maximum density, they've taken out all the units per gross acre and put it at the top and just listed just simply a number instead of saying DRS up to so much GA. Any questions? (No response,) MS. F ABACHER: The original change was to take out the motel use, isn't that right, David, in the RT? They were -- accidentally had given residential density to a commercial use. Didn't that precipitate the whole amendment? MR. WEEKS: David Weeks, comprehensive planning. Page 44 161 1B'? August 8, 2007 That's correct. It started out extremely simple. CHAIRMAN STRAIN: And now it's a lot less simpler. MR. WEEKS: 1 think this is much more user friendly, and it's much more clear in explaining what densities are allowed for what types of uses, I'll briefly expound on what Catherine has said. Another couple of examples, the R T zoning district allows multiple land uses, it allows multi-family, it allows motel. The VR zoning district is the same way in that it allows single-family, it allows mobile home and it allows multi-family. Yet this table did not clearly identify that. And so as an example, with the VR zoning district we now have three entries on the table to identify the allowed density for the different unit types that are allowed. So I think that makes it clear to the reader now, there's no longer a guessing, if you will, trying to figure out what numerical figure goes with what unit type. Now I think it's clear. The footnotes we've also added clarity to. And added several. And that's where you'll note in the table itself, you'll see the number of footnotes has greatly increased. And then the corresponding explanation of those on Page 153 and 154 ties things together. COMMISSIONER MURRAY: 1 have a-- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: On Page 152 on that table, about midway, it's RT with a small 3. Twenty-six units per acre, that's residential tourist, right? Page 152, about midway up, RT, small 3. MR. WEEKS: Yes. COMMISSIONER MURRAY: We just took away 26 from a hotel that I guess 16 was the max. This is not applicable here? MR. WEEKS: No, sir. Existing RT zoning is allowed for 26. COMMISSIONER MURRAY: Twenty-six. 1 just wanted to be sure that we didn't have any issue. I didn't think so, but I wanted to be sure. Thank you. CHAIRMAN STRAIN: David, this -- oh, I'm sorry, go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Go ahead, Mark. CHAIRMAN STRAIN: This table doesn't change any densities, it just clarifies how they're applied. MR. WEEKS: That is correct. CHAIRMAN STRAIN: That's what I thought. Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: David, a couple questions. In the RMF-6 and the RMF-12 you don't allow multi-family units. Is that right? Don't we build -- to get a density of 12 units an acre without a multi-family building would be -- MR. WEEKS: That's definitely an error. You're absolutely correct. COMMISSIONER SCHIFFER: And then I think join in the same error, go down to C-1, C-2, C-3, which allows up to 16 units per acre in a mixed use. 1 think we want to also include that as multi use. Because we really don't want people to be getting that density with single-family or townhouses or anything else. Don't you agree? CHAIRMAN STRAIN: But Brad, why would we care if they got the density? If the density is the density and they got it under any-- COMMISSIONER SCHIFFER: It's just that I would consider a mixed use project, that that's multi-family housing as the component ofthe house residential within it. MR. WEEKS: But the comprehensive plan does not limit it to the single-family -- excuse me, limit it to multi-family. Page 45 161 IB3 August 8, 2007 Now, the LDC can be more restrictive. And if that's this body's recommendation, then certainly that will go forward. But the comprehensive plan would allow mixed use development as in residential units over commercial in the same building, or would allow in separate buildings. Therefore, there is the potential for individual single-family homes within a project that also includes commercial. So it's a type of mixed use, but it's not what we usually think of, and that is within one building. My point is, there could be different unit types. COMMISSIONER SCHIFFER: So don't check anything in there like you have it. MR. WEEKS: That's my recommendation. COMMISSIONER SCHIFFER: And isn't it allowed in C-4, that 16? MR. WEEKS: No. COMMISSIONER SCHIFFER: It's exempted from -- MR. WEEKS: C-1, 2 and 3 are the only commercial districts that allow resident -- or components ofa PUD that allow residential. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Any other questions on that section? COMMISSIONER MURRAY: 1just-- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: -- need to come back to that same issue I raised before. I'm still having a little struggle here. I notice in the table that it appears, if I'm reading it correctly, three was stricken. Although it's very hard to be certain on the little number. 1 think that's stricken. MR. WEEKS: If 1 may, Mr. Murray, in the right-hand column labeled maximum density, that footnote was number two, and it is stricken, and it's replaced by a footnote number three in the far left-hand column by the initials RT. COMMISSIONER MURRAY: Okay. Then 1 was looking at -- okay, now 1 finally saw it. I have not looked at this in a little while, so 1 finally saw it again, I've got it now, thank you. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Hearing none, is there a recommendation with the couple of corrections that Mr. Schiffer noted, to approve Section -- recommend for approvaI2.05.01? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Commissioner Adelstein made the motion, seconded by Commissioner Murray. All in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. MS. F ABACHER: Mr. Weeks, have you finished reviewing the other amendment? Page 46 161 1BJ August 8, 2007 MR. WEEKS: No. The change -- there are a couple of changes that are necessary. I'd say they're both minor in nature. But 1 was trying to come up with the actual wordsmithing in hopes that the planning commission could approve it today. MS. FABACHER: Great. Thanks. We'll wait. CHAIRMAN STRAIN: We're on Page 155 then? MS. FABACHER: Yes, sir, we're on 155 and looking at 3.03.02, and Stephen Lenberger with environmental services is going to describe the change. Thank you. MR. LENBERGER: Good morning. For the record, Stephen Lenberger, community development and environmental services division, and environmental services department. This is just a deletion of the reference to the coastal zone management plan from the LDC. Basically items from the coastal zone management plan were already incorporated into the LDC in 1993, and the reference to the plan is outdated, needs to be deleted. CHAIRMAN STRAIN: Okay, any questions? (No response.) CHAIRMAN STRAIN: Is there a motion to recommend approval of3.03.02? COMMISSIONER MIDNEY: So moved. CHAIRMAN STRAIN: Seconded by? COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Mr. Murray. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: All those opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. That was a tough one, Steve. MS. FABACHER: Steve's got another tough one. That would be Section 3.05.10. The littoral shelf planting area. And 1 think it's just a change in an incorrect reference. COMMISSIONER MURRAY: He gets all the hard ones. MR. LENBERGER: A simple one, basically just correcting the code citation. CHAIRMAN STRAIN: Recommendation for approval of3.05.1O? COMMISSIONER MURRAY: Made. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Mr. Murray, seconded by Commissioner Adelstein. All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. Page 47 161 IB~ August 8, 2007 COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Okay, thank you, sir. MS. F ABACHER: Now, Commissioners, we're going to move on to buffers, one of our favorite topics. On Page 159. And Bruce McNall, with zoning and land development review is going to discuss the amendment. CHAIRMAN STRAIN: Bruce, good morning. MR. McNALL: Good morning. Thank you. Bruce McNall, landscape architect. This is just a simple addition of a graphic that visually describes the LDC requirements, to help the applicant through the process. If you'll look at the buffer table on Page 161, it basically just simply shows buffers A, B, C and D, and then has appropriate notations for -- to follow. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLAT: Yeah, 1 think the presentation is very clear and illustrative, very helpful. 1 had a little question, though, just in general background. This type C buffer, which I think is a very attractive buffer, I don't recall that being used anyplace. Has that been used? And if so, in what applications? MR. McNALL: It is not used very often. It's used -- if you look at the buffer table, and 1 don't have it in front of me here, but you're correct in saying that you don't see it very often. It's generally used when you have an industrial use against another use that's going to be really highly impacted. It's one of the heaviest buffers we have. It's a type B buffer, basically a type B buffer with five-foot shrubs four feet on center with trees alternating 25 feet on center. So-- COMMISSIONER KOLFLA T: It's got to be a very costly buffer compared to the others, I would think, with the larger trees. MR. McNALL: Sir? COMMISSIONER KOLFLA T: It's a very costly buffer compared to the other -- MR. McNALL: You're doubling up the trees on that buffer, sir, yes. COMMISSIONER KOLFLA T: If it's not used very often, why do we include it in our code? MR. McNALL: It was there before. And, you know, all 1 can say is that it's -- it's a not very commonly used buffer. So, you know, we just don't use it very often. It's there for certain situations where -- you know, where we have, you know, high impact between uses. So 1 think it should stay there. I mean, 1 think it's a good buffer. COMMISSIONER KOLFLA T: Do we ever stipulate where it should be used on any petitions? Or is it up to the petitioner to come forward and offer that? MR. McNALL: No, no, this is a requirement. Depending on, you know, what land use is adjacent to another land use when an applicant comes in for a perimeter buffer required project for landscape. COMMISSIONER KOLFLA T: Could you give me an illustration of where that might appear in a petition, what type of application? MR. McNALL: Well, any time, for instance, a site development plan comes in there's an industrial use adjacent to a residential use. That's a very high impact. So that's where this buffer would be used, in that situation. And it doesn't happen very often. You don't get industrial next to residential very often, sir. But that's one of the instances where this buffer is implemented. And it should stay in there like this, because it's a heavy impact use. COMMISSIONER KOLFLA T: Thank you. Page 48 161 IB~ August 8, 2007 MR. McNALL: Yes, sir. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I note -- it's a very nice presentation. Doesn't a D type buffer also require a wall? MR. McNALL: Not in all situations. COMMISSIONER MURRAY: Not in all situations. MR. McNALL: No, sir. COMMISSIONER MURRAY: That answers my question. Thank you. CHAIRMAN STRAIN: Bruce, last or two weeks ago when you talked to us, or a week, whenever it was, you introduced a new program for vegetation that was native in certain locations, and then north of those locations it didn't have to be all native, MR. McNALL: Yes, sir. CHAIRMAN STRAIN: Would these buffer applications apply to that as well, meaning that if you're south or west of 41 you basically would have to use these buffers in all native material? MR. McNALL: Oh, yes, yes. Yeah, all the geographical designations apply to the, you know, the required buffers, where they occur. CHAIRMAN STRAIN: You know, I got to thinking about that after we had discussed that. You have perimeter landscape plantings around buildings that are required now. MR. McNALL: Yes, sir. CHAIRMAN STRAIN: In those areas where the last time when we approved only native material being used, would that limit what you could plant in the fronts around buildings up tight against the building? Would they all then have to be all native? MR. McNALL: It would as far as just the code required material. Anything above code can be exotic or -- tropical. I don't want to call it exotic. But any other kind of material that's not 100 percent native. CHAIRMAN STRAIN: Some of those planting areas are only five feet wide, so you can't really fit a lot in them. But now you'd be limited in those five-foot areas. The landscape architects would all have to put in purely native materials, even up against the perimeter-- MR. McNALL: It gives them a chance to be creative. Limiting them to an all native pallet, that's correct, sir. CHAIRMAN STRAIN: Maybe they would be less creative, since they're limited, You might look at it that way. Okay, is there any other discussion on 4.06.02(C)(4)? (No response.) CHAIRMAN STRAIN: Hearing none, is there a recommendation for approval? Mr. Ko1fIat. COMMISSIONER KOLFLAT: Move to approve. CHAIRMAN STRAIN: Made the recommendation. Is there a second? COMMISSIONER MIDNEY: (Indicating.) CHAIRMAN STRAIN: Mr. Midney. All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. Page 49 16 j 1 B~ August 8, 2007 COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. MS. FABACHER: Commissioners, moving on to Section 4.06.05 on Page 163. And this is the slope treatment chart. If you'll look on Page 164, down at the very -- on that page, the very bottom row or section where it says -- this is all for slopes, steeper than one-to-one. And you'll see that vertical retaining walls. See BC and D below. See also alternatives. It used to say alternative B below. But also, if you look at the pictures, alternative A also applies for stabilizing a one-to-one slope. So that was just an oversight when it was originally written. We want to go back and correct that. CHAIRMAN STRAIN: So we have four pages, Really the only change is a capital A with a plus sign, basically is the only change to the four pages. MS, F ABACHER: Yes, sir, we didn't have that many pages, but the DSAC said please put in these diagrams so the board can see what you're talking about. CHAIRMAN STRAIN: They don't know how to get the Muni. code, huh? Okay, is there any questions on the capital A? (No response.) CHAIRMAN STRAIN: No. Is there a recommendation to approve 4.06.05? COMMISSIONER MIDNEY: So moved. CHAIRMAN STRAIN: Mr. Midney made the motion, Is there a second? COMMISSIONER ADELSTEIN: l'l1 second it. CHAIRMAN STRAIN: Mr. Adelstein seconded. All in favor, signifY by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, 7-0. Page 167. MS. F ABACHER: Okay. No, 1 think we're -- CHAIRMAN STRAIN: 168. MS. FABACHER: 168. 1 apologize. We're looking at another minor correction to the citation within the architectural and site design standards. Section 5.05.08. And we're changing -- if you'll look on Page 169, we're changing Section 5.05.08(D) to 5.05.08(C)(13). COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Okay, there -- no discussion, Mr. Murray made a motion to approve 5.05.08(D)(13) to 5.05.08(C)(13). Is there a second to his motion? COMMISSIONER MIDNEY: (Indicating.) Page 50 16 i 1 B~ A:ugust 8, 2cfo7 CHAIRMAN STRAIN: Second by Commissioner Midney. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. We're on to Page 16 -- MS. FABACHER: 169. CHAIRMAN STRAIN: -- 170. MS. F ABACHER: I'm sorry, 170. CHAIRMAN STRAIN: Your pages are off, it looks like, by one point. Sorry. MS. F ABACHER: On Page 170, this is another -- this is a cross-reference. There's language in the preserve area that talks about signs. I'm going first with Y on Page 171. There's language in preserve areas that talk about signs, but it was never cross-referenced in the sign code, Same thing for the one above, "X", the littoral shelf planting area signs are in that section, 3.05.10 ofthe code, but they are not cross-referenced in the sign code, so we're just cross-referencing. CHAIRMAN STRAIN: Okay, is there any questions? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion for recommendation on 5.06.05, recommendation of approval? COMMISSIONER MURRAY: Move. COMMISSIONER ADELSTEIN: Move. CHAIRMAN STRAIN: Motion made by Commissioner Murray, seconded by Commissioner Adelstein. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. We're on to Page 172. MS. F ABACHER: 172, more housekeeping. Another incorrect citation on Page 173. I'm looking at minimum setback, and it's talking about signs that are noted or provided for in Section 1.04.04. We want to make it (B), rather than (C). CHAIRMAN STRAIN: Okay, any discussion? Page 51 16 ! 1 B ~ August 8, 2007 (No response.) CHAIRMAN STRAIN: Is there a recommendation to approve 5,06.02(A)(l)? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MIDNEY: So moved. CHAIRMAN STRAIN: Commissioner Adelstein made the motion, seconded by Commissioner Midney. All those in favor, signify by saying aye, COMMISSIONER KOLFLAT: Aye, COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Motion carries 6-0. MS. F ABACHER: Okay, Commissioners, I'm on Page 174, 175, and it's the same citation that had to be corrected in another section of the code. It's 1.04.04 where it was written as (C), it means to be (B), If you'll recall, 1.04.04 are those exceptions to takes. CHAIRMAN STRAIN: Okay. Catherine, 176 is a similar reference to a corrected code section; is that right? MS. F ABACHER: Correct. But I've spoken with the amendment writer, and now we've decided to have no letters, just reference 5.06.04. CHAIRMAN STRAIN: 1 was attempting to take two at once, but that's too much of a bold step, so let's just go to -- okay, is there a recommendation to approve 5.06.04(C)(3)(b)? COMMISSIONER MIDNEY: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Midney. Seconded by? COMMISSIONER MURRAY: Murray. CHAIRMAN STRAIN: Commissioner Murray. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Okay, 176. MS. F ABACHER: Now we can go back to 176. And in this one it's requirements of Section 5.06.04 and it said (A). We thought it was going to say (B) or (C), but now we've decided just to cite 5.06.04. CHAIRMAN STRAIN: So the (B) is coming off; is that right? MS. F ABACHER: That's correct. COMMISSIONER CARON: And the (C) is going back in? MS. F ABACHER: No, nothing's going back in. CHAIRMAN STRAIN: Simply the (B) is coming off at the end. It's just going to be 5.06.04. Page 52 Ibd . v . Itl?> August 8, 2007 MS. F ABACHER: Correct. CHAIRMAN STRAIN: No (A), no (B). Okay, is there a recommendation to approve 5.06.06(C)(14)(a)(1)? COMMISSIONER MURRAY: Moved. COMMISSIONER MIDNEY: Seconded. CHAIRMAN STRAIN: Motion made by Commissioner Murray, seconded by Commissioner Midney. All those in favor, signifY by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: All those opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. We're on Page 178. MS. F ABACHER: We're on Page 178. And what we're talking about is another reference that has to be corrected. And if you look on Page 179, throughout section -- subsection (2), (3) and (4), they kept citing definitions as defined in Article 6. Well, that's from the old code, so now it's Section 1.08.02, and so we've made that change. CHAIRMAN STRAIN: Is there a recommendation to approve 1O.02.02? COMMISSIONER MIDNEY: So moved. COMMISSIONER ADELSTEIN: I have one -- CHAIRMAN STRAIN: Let's get a second first, then we'll go into discussion. Do you want to second? COMMISSIONER ADELSTEIN: Yeah, I'll second it. CHAIRMAN STRAIN: Second by Commissioner Adelstein. Discussion. Commissioner Adelstein? COMMISSIONER ADELSTEIN: 177(A), and the word is farm? CHAIRMAN STRAIN: We're already done with that one. We're on Page 178, sir. COMMISSIONER ADELSTEIN: I'm sorry, but 1 just caught it now. CHAIRMAN STRAIN: Well, then we'll have -- let's finish this discussion, this motion and we'll have to go back to that. COMMISSIONER ADELSTEIN: Thank you. CHAIRMAN STRAIN: Okay. So on Page 178 there's been a motion made and seconded. All those for approval, signifY by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. Page 53 16l 18:7 August 8, 2007 CHAIRMAN STRAIN: Anybody opposed? (No response,) CHAIRMAN STRAIN: Motion carries. Now, Mr. Adelstein has a question on Page 177, which we already vote on, so we'll have to see what we're doing with that one. Go ahead, Mr. Adelstein. COMMISSIONER ADELSTEIN: Is the word farm or firm? CHAIRMAN STRAIN: Sir, the only question we have on this one is this here. Now, that's existing language. We're not proposing to change that. The only question right here is this. We're suggesting strike A and B both and leave it 5,06.04. That's the only issue up for discussion. COMMISSIONER ADELSTEIN: That leaves that there. CHAIRMAN STRAIN: That's not changing. That is existing language. We're not proposing to change that. COMMISSIONER ADELSTEIN: Okay. CHAIRMAN STRAIN: 1 mean-- COMMISSIONER MURRAY: But 1 think the answer is it's organization of agricultural. COMMISSIONER ADELSTEIN: Okay, I'm sorry. MS. F ABACHER: 181 is going to be -- yeah, this is going to be Steve Lenberger. It's another minor correction. It's another -- it's changing the name of Florida Game and Freshwater Fish Commission to the correct title now is Florida Fish and Wildlife Conservation Commission, CHAIRMAN STRAIN: Okay, is there any questions? COMMISSIONER MURRAY: Move to approve. CHAIRMAN STRAIN: Recommendation for approval of 10.02.03 made by Mr. Murray-- COMMISSIONER ADELSTEIN: Second it. CHAIRMAN STRAIN: -- seconded by Mr. Adelstein. All those in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye, COMMISSIONER MURRA Y: Aye. CHAIRMAN STRAIN: All those opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. MS. FABACHER: Commissioners, next is on --let's see, on Page 183, and this is Sharon Dantini with code enforcement. And it's to change -- right now if you have to mitigate a preserve area because the native vegetation was destroyed, you have to mitigate it according to a plan. And right now the code enforcement holds that plan and monitors it for five years. But what they're requesting is to change it because they've got a huge backlog of these plans that they have to keep track of for five years. They're proposing to monitor it for two years, but the language says unless they decide that it needs to be looked at in five years. Do you have any questions? CHAIRMAN STRAIN: That's a good swnmary and very quickly said. I'm sure that -- MS. F ABACHER: Sorry. Page 54 16i IS?? August 8, 2007 CHAIRMAN STRAIN: My question is, how do you -- when you monitor these, just how do you do that? Do you have to physically go out and check to make sure the planting's in; is that how you do it? MS. DANTINI: Yes. Good morning, Sharon Dantini with code enforcement, for the record. Our staff goes out on a yearly basis and actually monitors. They make an appointment with the developer and go on-site and look at the property. CHAIRMAN STRAIN: A little labor intensive, isn't it? MS. DANTIN1: It is. It's very time consuming for the public, for the developer and for our staff. CHAIRMAN STRAIN: Any questions concerning this one? Mr. Murray? COMMISSIONER MURRAY: And 1 appreciate fully that it is labor intensive. But 1 ask myself the question, what was the original purpose? And the original purpose, I would surmise, was so that they conform and they provide adequate landscaping and the littoral -- but in any event, in respects all plantings. And so what happens here if as is the case with some ofthe older code situations where they apply under the older code, we let those plants, they die, it gets thinned out, it looks like the devil. What do we do here? Are we going to just basically after five years we just let it go? MS. DANTIN1: No, actually we could get a complaint at a later time on a particular property. Horticulturally a plant is sound after two years. And so the whole intent is once it hits that sound stage, you know, we think that we shouldn't penalize that person and have them continue to report. But at a later date, just should the property run down again, we could get a complaint and start the process over again. So it's not that it just stops forever, because there are requirements in the code for the landscape to be healthy. COMMISSIONER MURRAY: Well, I'm glad you explained that. But I will tell you that in the area -- some areas of East Naples, there are places where we've complained about it, the statement was, well, that's under the old code. And that's most unfortunate because it looks like a -- it looks terrible. All right, 1 understand the intent here. And we're trying to become more effective and save money and probably reduce jobs. MS. DANTINI: I'm not sure we want to do that. COMMISSIONER MURRAY: I'm just kidding. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Hearing none, is there a recommendation to approve IO.02,06(E)(3)(e)(i)? COMMISSIONER MIDNEY: So moved. CHAIRMAN STRAIN: Made by Commissioner Midney. Seconded by? COMMISSIONER ADELSTEIN: l'l1 second it. CHAIRMAN STRAIN: Commissioner Adelstein. All those in favor, signifY by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. We're on to Page 186. Page 55 16 IB~ August 8, 2007 MS. F ABACHER: Mr. Chair, 1 think that staff is ready to go back to the revised amendment that you got today, 10.03.05, notice requirements for public hearings. CHAIRMAN STRAIN: What page are we on? MS. F ABACHER: Well, it's a hand-out that I gave you the hard copy today. It was sent to you a week ago. It's revisions to the N1M. CHAIRMAN STRAIN: Right, but we do have a page in our book. MS. F ABACHER: The original page? I'm sorry. COMMISSIONER SCHIFFER: 125. COMMISSIONER ADELSTEIN: 125? MS. F ABACHER: Right. Sorry. CHAIRMAN STRAIN: Okay, Page 125, And-- MS. FABACHER: The revision was-- CHAIRMAN STRAIN: It's on Page J of our summary, in case you're trying to follow it through that document. Okay, David, did you have time to review it? MR. WEEKS: Yes, sir. David Weeks, comprehensive planning department. And these are just wordsmithing changes, Commissioners. Starting with -- on the handouts, Page 1, it's paragraph F of Section 10.03.05. The title itself does not include reference to the mixed use project process, yet that's being added to the body. So to start with will be a change to the title. On the second line of the title, after the term PUD amendments, would insert a comma and remove the added word "and". And on the third line after the word "uses" and prior to the period, insert the phrase "and mixed use projects." MR. WEEKS: And then on Page 2 of the handout, which would be Section 10.03.5(F)(2), handful ofwordsmithing changes. CHAIRMAN STRAIN: A handful? MR. WEEKS: A few, yes, a handful. CHAIRMAN STRAIN: You know, David, IS there going to be more as we go on to this document? MR. WEEKS: This will be it. CHAIRMAN STRAIN: Oh, okay, Because 1 was going to say, we might want to just hear our comments and come back with a rewrite, but go ahead if they're minor. MR. WEEKS: On the third line, beginning with the new words that are underlined, after "shall be sent," insert "by mail." Then it goes on "to all." Then insert "owners of." And then later on that same line, remove the word "owners", On the next line that starts with 500 feet, remove the last three words, D amendment two. And on the next line, fifth line, also remove the word "zoning", and insert the words "an approval." If 1 may, then that first sentence would read, written notice the meeting shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought. Dropping down to -- I won't count the lines, but it begins with the word "except". Close to the right-hand side, remove the word property. After the word "owners", insert "of property." Last -- wait, two more changes. Near the bottom of this number two, beginning with the word "applicant", after the term -- the words applicant shall, insert the word "also". And then on the -- the last change on the next line that begins with the word "meeting", after the parenthetical NIM, remove the word "request". Page 56 16 I 1 83 August 8, 2007 CHAIRMAN STRAIN: Okay. Now, are there questions from this section? It would be pages -- up to Page 128. 125 through 128. COMMISSIONER MURRAY: Yeah, 1 have -- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: -- one, Why are we -- why are we now calling -- why are we now citing the community planning coordinator, as opposed to what 1 thought we had established as a standard, county manager or designee? MS. F ABACHER: Yes, I spoke with Susan Istenes, the zoning director. And this information does go to the community planning coordinator, and the zoning does not go to the zoning department, so we wanted to make it clear for applicants who needed to get it in this case. COMMISSIONER MURRAY: Fine with me, as long as it's not a violation of anything. I just thought that was a standard that we had. MR. WEEKS: Commissioners, if 1 may, I think the point as well is the fact that that particular person does not work in the zoning department. MS. F ABACHER: Thank you, David. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: Yes, can I make the motion? CHAIRMAN STRAIN: Well, we're not done yet with questions. COMMISSIONER ADELSTEIN: Oh, 1 thought you were -- CHAIRMAN STRAIN: No, 1 thought you had a question. COMMISSIONER ADELSTEIN: No, no. CHAIRMAN STRAIN: Mr. Schiffer? And then I've got some questions as well. COMMISSIONER ADELSTEIN: Okay, sorry. COMMISSIONER SCHIFFER: David, the reason we're not doing the requirement on the comprehensive plan is? The requirement, I'm sorry -- you know, ifit expired within a year the requirement to have a second NIM. MR. WEEKS: Two rationales. First, we already require a NIM, a second NIM to be held for a plan amendment ifthere is a significant change between the transmittal hearing and adoption hearing. Secondly, from my perspective, 1 didn't think it was necessary. The comprehensive plan amendments, with a few exceptions, are done as a cycle of amendments. It has never happened in my time here that a plan amendment has lingered for are that period of time. They go as a cycle. They're either heard or they're withdrawn and newly submitted. COMMISSIONER SCHIFFER: So if a plan amendment was withdrawn, then they would have to come back again and have another neighborhood meeting. MR. WEEKS: That's correct. They'd be starting from scratch as a new petition. COMMISSIONER SCHIFFER: And they would expire probably before a year if there was no action on them? If they submitted and then just went limp after the NIM, what would happen, it would expire over what period of time? MR. WEEKS: There's no set time limit. The action that staff takes is if a petition is not ready for-- and it's never happened, but if a petition is not ready to go to hearing with the rest of the cycle, we would tell that applicant that we view their petition as withdrawn and they'll need to resubmit next year. COMMISSIONER SCHIFFER: All right, thank you. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: 1 have a couple, David, on Page 127, but it's the new Page 3. It would be item 2 -- well, it's former 2, so now it would be -- yes, 2(D). It's a new paragraph. Page 57 16J IH3 August 8, 2007 It says in cases where the applicant's petition activity extends beyond one year, How do we define what their activity is? 1 mean, since somebody will be hanging their hat on this one, I'm wondering what you're going to say is activity. MR. WEEKS: l'l1 have to defer to zoning staff. 1 jumped in with some wordsmithing here, but this is not my proposal. MS. F ABACHER: I'm sorry, in Section 2? CHAIRMAN STRAIN: Well, it's 2(D). It's on Page 3 or former Page 127. MS. F ABACHER: I'm just conducting-- CHAIRMAN STRAIN: It's the same one I think Commissioner Schiffer was asking about the last sentence on. MS, F ABACHER: You mean why doesn't it apply to site specific? CHAIRMAN STRAIN: No, no. MS. FABACHER: The applicant's petition activity, CHAIRMAN STRAIN: Right. What is -- how do you define what activity is? He could say that anything's activity. So where do you get that definition from? MS. F ABACHER: Let me defer to Linda. CHAIRMAN STRAIN: Okay, we're down to the third person this has been passed to. MS. BEDTEL YON: Hi, good morning, Commissioners. For the record, Linda Bedte1yon, Community Planning Coordinator for community development/environmental services. Activity, meaning the petition has to be active in that it is under review, and that changes are being made. If the applicant lets the petition sit past a certain point in time it's deemed inactive and, therefore, needs to be either withdrawn or resubmitted. CHAIRMAN STRAIN: Okay, maybe we should reword that, though. In cases where the applicant's petition is under review or petition's review extends beyond one year, something like that, so we have something semi-defined so we know what it is that we're talking about instead of just activity. Mr. Weeks, you're trying to -- MR, WEEKS: Yes, thank you. COMMISSIONER MURRAY: Why can't we just delete the word activity? MR. WEEKS: Commissioners, one thing 1 am aware of is that the zoning staff does send a letter to an applicant when there's been a lack of activity within a certain time period. 1 don't know what that specified time period is, but I know their protocol is to send a letter to the applicant saying we've not heard from you within six months or whatever the time period's been. If you do not resubmit by such and such a date, we will consider the petition withdrawn. I think it's in the same vein here that if there's been no activity -- again, an undefined term -- but if there's been no activity on the petition and it's dragged out for a period of a year, that the requirement for a second NIM would apply, CHAIRMAN STRAIN: Mr. Murray just hit on something that may work. If you take out the word activity, then it's a petition until such time it's withdrawn. So therefore, as long as it's a petition, it applies. And maybe that's the best solution, just take out the word activity. MR. SCHMITT: That works, CHAIRMAN STRAIN: Okay, well, let's do that. Is that okay with everybody? Mr. Schiffer? COMMISSIONER SCHIFFER: 1 kind of have another suggestion. And it's kind of based on -- I think this is really derived from Lindy being concerned about the length of time. What if we made it in the cases where the meeting before the planning commission extends one year of the date? Because 1 think that's what Lindy really wanted is that he didn't want 18-month, Page 58 ~gglst 8~2~; two-year-old NIMS in front of the planning commission. CHAIRMAN STRAIN: But, see, Brad, 1 think the same -- we're not here to protect the planning commission's interest in having it done as much as the public's. And if there -- for example, there was a conditional use that came through here and it was supposed to go to the BCe. And it was delayed, it was continued, and they continued it for almost up to I think two years. And then they had another neighborhood informational meeting as required. So I'd rather it stick to the BCC level as well, if that's what you're getting at. COMMISSIONER SCHIFFER: Well, what I'm getting -- 1 mean, the important thing is that, you know, the public forum -- the first public forum is the planning commission, and that's why I chose that. And in other words, if you get too far away from the NIM, the planning commission hearing, the people are going to lose track of what's going on. MR. SCHMITT: What Mark said did in fact happen, and we would want to have the strength in order to send it back. You already had heard the petition, it was almost a year later -- or almost a year to the date that it then finally went to the board. And the language here that required another NIM -- COMMISSIONER SCHIFFER: Didn't say the same thing, in case where, you know, it's a year before the meeting of the planning commission or the BCe. Then that way they get both covered. CHAIRMAN STRAIN: But why don't -- Brad, if you leave it just where it's the applicant's petition extends one year, it doesn't matter whether it's before either board, it's automatically going to have to happen with another meeting-- MR. SCHMITT: Either one is referred to as an advertised public, you know -- COMMISSIONER SCHIFFER: But some of these take three or four years, so in other words, they would have a couple ofNIMS before they get to us. CHAIRMAN STRAIN: 1 would hope so. COMMISSIONER SCHIFFER: When we really want a current NIM. But anyway, I'm okay with that. MS. BEDTEL YON: If I may, Commissioners, just to clarify something. The requirement for the applicant to hold the neighborhood information meeting is not deemed a public meeting. In other words, their first public meeting is before you. CHAIRMAN STRAIN: Right. MS. BEDTELYON: What we're trying to get at with this, and what I understood to be direction was if the application hangs out there and so many revisions have been made back and forth between staff and the applicant, then the public has lost sight of the initial application, basically. So then we would have to require -- or we would be asking to require our applicants to come back after all these revisions have been made and hold another neighborhood information meeting simply to keep the public up to speed, to keep the stakeholders out there informed of changes. CHAIRMAN STRAIN: That wasn't the intent I thought. But go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: And then the way this is worded, you only do two of them. So if they essentially went another year, they wouldn't be required a third. MS. BEDTELYON: Well, the original language says they must hold at least one neighborhood information meeting. I don't know if that would speak to that. COMMISSIONER SCHIFFER: The way we're leaving this, if it extends beyond one year, they have a second. Two years -- MS. F ABACHER: Excuse me, Commissioner, I think you can read it that you could start the clock again at the second NIM. CHAIRMAN STRAIN: Why don't we just drop the word "second"? Page 59 161 1 8 ;, August 8, 2007 COMMISSIONER SCHIFFER: Yeah. CHAIRMAN STRAIN: Drop the word second. Because contrary to what 1 just heard, part of the reason I thought these NIMs were being redone is because the staffloses -- 1 mean the public loses track of a petition. 1 don't care whether there was one or none or 100 changes. But when the public isn't able to see it happen within a reasonable amount of time and it goes on beyond a year, 1 think it's good that they be renoticed that they buy a public information -- notice NIM, a neighborhood information meeting that hey this is still alive, it's still going on, you need to pay attention to it because people are forgetting them. More than I see the changes. 1 think that's a big concern 1 had. So anyway, it works both ways. MS. BEDTELYON: Yeah, 1 think so. CHAIRMAN STRAIN: So if we drop the word second and we drop the word activity, that paragraph works a lot better. Is that in agreement with everybody? COMMISSIONER MURRAY: 1 think so. MR. WEEKS: Mr. Chairman, I think one other minor change to go along with that. On the second line, instead of saying one year from the date that the neighborhood information meeting, change that to "A", to account for possible multiple. COMMISSIONER SCHIFFER: Or add the word "last". CHAIRMAN STRAIN: W ordsmithing these LDC amendments. Oh, my God. Okay, is there any others? What do you want to do, "last" or "a"? MR. SCHMITT: 1 like the way he reads it, because it does allow for multiple. The date of the last neighborhood information meeting. Because then you could apply it in multiple applications. Does that work? CHAIRMAN STRAIN: Yeah. MR. SCHMITT: We're going to -- you want to see this rewritten? CHAIRMAN STRAIN: No, 1 think we're -- 1 think we've walked through everything very carefully. I'm content with it. And hopefully everybody else is. COMMISSIONER SCHIFFER: This is the last time. CHAIRMAN STRAIN: Last time. Mr. Adelstein, did you have a motion for Section 10.03 .05? COMMISSIONER ADELSTEIN: I certainly do. I so move, COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Motion's made for recommendation of approval. And the second? COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Okay. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signifY by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye, COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) Page 60 lu~utt 8, lo~ ?? CHAIRMAN STRAIN: Motion carries. MS. BEDTEL YON: Thank for your patience, Commissioner. CHAIRMAN STRAIN: Thank you, Now we're back to Page 186, MS. F ABACHER: Commissioner, at this point 1 think we had agreed when we looked at the order of the amendments to here that we were going to look at the revisions next before we hit the omissions. CHAIRMAN STRAIN: Okay, before we go into anytbing else, we've got the revision to go through and the book to go through. We've probably got another hour's worth of work, maybe a little bit more. Do you guys want to take a lunch break or 15 minute break? COMMISSIONER ADELSTEIN: Lunch break. COMMISSIONER MURRAY: Lunch break. COMMISSIONER SCHIFFER: Lunch break. MS. F ABACHER: Excuse me, if we can just hear this one small one from Bruce, then I can send him back to review plans for the rest of the afternoon. CHAIRMAN STRAIN: Or he can stay here, have lunch, relax for the rest of the day. MS. F ABACHER: You're right, Susan's not here. But I think she'd prefer that we get this out of the way. CHAIRMAN STRAIN: Which page are we -- MS. FABACHER: 87. And you got a revised copy today. This is the root barrier amendment. Eighty-seven. That you asked certain sections be rewritten, so I guess we'll see now how Bruce did. You have a revision that got handed out today. It was originally on Page 87. CHAIRMAN STRAIN: Bruce, we're looking for the revisions. MR. McNALL: Okay, there should be a hand-out. CHAIRMAN STRAIN: It was handed out today, Catherine? MS. F ABACHER: Yes, it's the one that I e-mai1ed to you last week. CHAIRMAN STRAIN: Oh, then I have it, okay. I've got it already. I didn't know it was e-mai1ed as well. MR. McNALL: Real simple rewrite. Putting it into the LDC standard format. For the record, Bruce McNall, landscape architect. This is on Page 88. It's rewritten to make the language more clear. An approved root barrier system shall be installed when the following occurs, i, large canopy trees are planted closer than 15 feet to a building, and double ii, large canopy trees are planted closer than 10 feet to a sidewalk, underground utility or paved area with no curbing, or curbing which extends Jess than 18 inches below grade. And then see the figure below. CHAIRMAN STRAIN: Yeah, I think we can read them. MR. McNALL: That's pretty simple. CHAIRMAN STRAIN: Just tell us what -- and then the section page, on 89, you just got the changes up on top? MS. F ABACHER: Correct. MR. McNALL: Correct. CHAIRMAN STRAIN: Okay. Brad, I think most of this came back as a suggestion from you as far as how to -- COMMISSIONER SCHIFFER: It's good. CHAIRMAN STRAIN: -- work. Any questions? COMMISSIONER SCHIFFER: It's good. Page 61 161 IS? August 8, 2007 CHAIRMAN STRAIN: Ms, Caron? COMMISSIONER CARON: I seem to have a note here that says -- on Page 89 I had crossed out 12.5 feet. And then 1 have 20 feet with a question mark. What you want is 12.5, correct? MR. McNALL: Yes, ma'am, yes. COMMISSIONER CARON: Okay. CHAIRMAN STRAIN: Okay, any other questions? (No response.) CHAIRMAN STRAIN: Hearing none, is there a recommendation for approval-- COMMISSIONER MURRA Y: Have you-- CHAIRMAN STRAIN: -- go ahead, Mr. Murray. COMMISSIONER MURRAY: On Page 90, the new handout, the item number seven, in instances where an act of Ood. Is it usually pos majeure? MR. McNALL: Sir? CHAIRMAN STRAIN: That's not an underlined. That's-- COMMISSIONER MURRAY: You're right, it's not -- never mind. MR. McNALL: It's existing code. COMMISSIONER MURRAY: Never mind. CHAIRMAN STRAIN: Okay, is there a recommendation for approval of 4.06.05(0)(2)? COMMISSIONER MIDNEY: So moved. CHAIRMAN STRAIN: Motion made by Mr. Midney, second by? COMMISSIONER ADELSTEIN: (Indicating.) CHAIRMAN STRAIN: Commissioner Adelstein. All those in favor, signifY by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Thank you, Bruce. MR. McNALL: Thank you, Commissioners, for hearing this before lunch. COMMISSIONER SCHIFFER: Mr. Chairman, let me just -- Bruce, I'm sorry, you did double cross out small canopy trees? And the reason you did that is they can be planted anywhere essentially, right? MR. McNALL: The reference is -- COMMISSIONER SCHIFFER: Look on the top of Page 88. MR. McNALL: Yes. COMMISSIONER SCHIFFER: And that's because by default there's no requirement where they can be planted; is that correct? MR. McNALL: Correct, sir. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Okay, with that, we will take a break and come back here at 1 :00 from Page 62 't\ ? 1 1, D.? .It On .Il. August 8, 2007 lunch to finish up. Is that okay with everyone? See you all at 1 :00. (Luncheon recess.) CHAIRMAN STRAIN: Okay, everybody if you want to take your seats. Actually, everybody, it's basically Brad. Welcome back from our lunch. And we were in the middle of intense discussion on Land Development Code amendments. And we left off on Page 186. And Catherine, I guess this is Stan Chrzanowski and John Hou1dsworth. Are they going to come in to talk about this, or -- MS. F ABACHER: Which one was that, Commissioner? CHAIRMAN STRAIN: 1 think 186 is where we left off. COMMISSIONER MURRAY: Yep. MS. F ABACHER: No, nobody's going to talk about that. But actually, I had -- remember, we're going through the revisions right now. 1 know 11eft that one out of clarifications. You can do whichever you want, but the next on the agenda is BMUD GTMUD. CHAIRMAN STRAIN: Well, let's finish with 186, because there's only one line through two words and it should not take that long to resolve. Anybody have any questions on Pages 186 or 189? Yes, Bob. COMMISSIONER MURRAY: 187, anyway. And just a question, and probably no one is going to be able to answer this. Where in that chart it shows on the right-hand side, applicant may submit revised application limited to "X" resubmitta1s. Is "X" intended to be there, or is it in place of a number that we're going to finally decide? MS. F ABACHER: No, I think it's intended to be there. I can check the current-- COMMISSIONER MURRAY: Because resubmitta1s can be any number? MS. FABACHER: Yes. COMMISSIONER MURRAY: Okay. Answers my questions. That's all, I just wanted clarification. CHAIRMAN STRAIN: Any other questions? Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah. You know, one thing that's the obvious question is should the planning board have been looking at final plats? CHAIRMAN STRAIN: Oh, no. You don't want to get into that again. We talk about this every couple of years. You know how many fma1 plats go through this county? COMMISSIONER SCHIFFER: Well, we could do a summary. CHAIRMAN STRAIN: Then why look at them? Summary judgment doesn't look at anything, it just passes it. COMMISSIONER SCHIFFER: Okay. But the question is, since it's in there are we taking out something more than just words? That's all. MS. F ABACHER: Yeah, I think we're just updating it to what actually occurs now. The things that got scratched out don't go through this process anymore. Actually, we don't even do preliminary plats anymore. 1 mean, you could if you wanted, but people just do finals. COMMISSIONER SCHIFFER: But when it's in the code and it says, you know, when things happen, a type two review, final plat is always in there, up until today when we scratch it out because we don't do it anymore. So was there a wrong turn in the past or a right turn in the past to have us not do it? CHAIRMAN STRAIN: 1 don't think we -- has this board ever done plats? MS. F ABACHER: I think the language is -- MS. STUDENT-STIRLING: Years ago. It wasn't plats, it was called a PSP. I think it stood for Page 63 161 183 August 8, 2007 preliminary subdivision plat. And it probably was -- went away in '95. COMMISSIONER SCHIFFER: So as the county attorney, you're comfortable with the removal of this from the review type two? MS. STUDENT-STIRLING: Yes, 1 am, CHAIRMAN STRAIN: Is there a recommendation to approve Sections 10.04.03 and 1O.04.03(A)? COMMISSIONER MIDNEY: So moved. COMMISSIONER MURRAY: Moved -- seconded. CHAIRMAN STRAIN: Commission Midney made the motion, Commissioner Murray seconded it. All in favor, signify by saying aye, COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye, CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye, COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: All against. (No response.) CHAIRMAN STRAIN: Motion carries 7-0. MS. F ABACHER: Now we're going to go to the BMUD revisions, if that's okay. They originally started on Page 3, and unfortunately 1 see 1 did -- CHAIRMAN STRAIN: Back up a minute. This is a resubmittal of the BMUD? MS, F ABACHER: Yes, sir. Based on the changes you asked for. CHAIRMAN STRAIN: Okay, That was from last time. MS. F ABACHER: Correct. And Jean Jourdan with the CRA is going to walk us through this. CHAIRMAN STRAIN: Now we're going all the way back in our packet to Page 3. And we got a new grouping of these from staff not too long ago for both the BMUD and the Gateway. So those changes that they sent us were in conformity with the request that we had made last time we reviewed it. COMMISSIONER ADELSTEIN: Right. CHAIRMAN STRAIN: Okay, go ahead. MS. JOURDAN: Good afternoon. For the record, Jean Jourdan with the Bayshore/Gateway Redevelopment Agency. I'm back before you with the revisions that we discussed at the July 25th meeting. However you guys want to proceed. CHAIRMAN STRAIN: Well, 1 think you made -- 1 went through and physically checked to see some of the changes. 1 think 1 have one or two questions. But 1 think we can go through and ask questions that we may have had. And 1 guess the simplest way is to take it a section at a time. Does that work for everybody on the panel? Well, let's take five pages at a time. We'll start on Page 3, we'll go to Page 3 through 8. Anybody have any questions on those pages? (No response.) CHAIRMAN STRAIN: Okay, Pages 8 through 13. Now, these are the revised pages. We've already been through this once, and the corrections were made by staff and sent back to us. So that would be 8 through 13. And we have 13 through 18. Page 64 l~ult 8, k~ ~ (No response,) COMMISSIONER MURRAY: I have a question on Page 7 of the new doc. CHAIRMAN STRAIN: Okay. Page 7. Okay, Mr. Murray. COMMISSIONER MURRAY: Motor homes is stricken -- are stricken from this now? MS. JOURDAN: Yes. One of the things that --I'm sony, was that you, Commissioner Murray? CHAIRMAN STRAIN: Yes. MS. JOURDAN: 1 was looking down. Yes, you had discussed that with us, COMMISSIONER MURRAY: 1 know. MS. JOURDAN: And what we did was went through, and on the map, the R-2, the underlining zoning did not permit for motor homes, so we made it consistent. COMMISSIONER MURRAY: Got it, got it. This is that craziness where-- MS. JOURDAN: Yes. COMMISSIONER MURRAY: -- backwards. Okay. MS. JOURDAN: But we're very glad you brought that to our attention, because it was an oversight on our part. CHAIRMAN STRAIN: Are there any other questions through Page 18? (No response.) CHAIRMAN STRAIN: Okay, then let's go to 23; 18 to 23. (No response,) CHAIRMAN STRAIN: These are mostly all tables, so -- then 23 through 28? (No response.) CHAIRMAN STRAIN: Will take you to the end of the BMUD tables. COMMISSIONER SCHIFFER: Mark, 28 on the new handout or on the original? CHAIRMAN STRAIN: We're all in the new, because the new was the one that was revised. COMMISSIONER SCHIFFER: Then 1 have a 28 question -- no, I don't. It's a 29. CHAIRMAN STRAIN: Okay, Page 29, Mr. Schiffer. COMMISSIONER SCHIFFER: Jean, you've gone through and taken C-4 and C-5 out and locked their setbacks to be that of the conventional zoning? MS. JOURDAN: Yes. That came about with conversations with Ms. Fabacher and Mr. Jackson pertaining to actually what you could fit, and so that you didn't have a very, very large building in the wrong -- what do I want to say -- situated on the lot where it wasn't compatible with other properties. Unfortunately Mr. Jackson isn't here, but Mrs. Fabacher and -- unfortunately 1 wasn't privy to the conversation either, so maybe Catherine can help expound on that. MS. F ABACHER: Sure. When we were reviewing the corrections, the changes to this, we noted that the C-4 and C-5, if you leave the permitted height under the underlying zoning but you use the setback from the BMUD, you could have a 50-foot building five feet off the street. And so we realized that we needed to keep for that -- and it would be incompatible with the little one and two stories next to it. So to keep the thing consistent we said well, we'll just add not only can you have the height of C-4 and C-5, but you can stay -- you have to stay with the setback requirements under the LDC. Just to keep people from pushing -- making those buildings incompatible. COMMISSIONER SCHIFFER: But if they went to mixed use, then they would be able to be built by these standards? MS. F ABACHER: Yes. MS. JOURDAN: Correct. Page 65 16t lB~ August 8, 2007 COMMISSIONER SCHIFFER: Okay, so your concern is somebody that stays in the C-4 zoning -- MS. F ABACHER: It allows taller buildings. C-4 and C-5 is 75 feet. COMMISSIONER SCHIFFER: Somewhere it said in here that a new building would have to meet the BMUD standards. That was something we discussed -- MS. F ABACHER: Right, that's why we -- COMMISSIONER SCHIFFER: -- in the beginning, So there's no way they somebody could build -- they couldn't cheny pick from conventional to BMUD, they would have to be BMUD. MS. JOURDAN: Well, if you see in here, we changed it from -- the C-1 through C-5 zoning districts underlay the BMUD to the C-1 through C-3. And then we added the C-4, C-5 over here on the right column. So look in the left column and you'll see C-1 through C-5. The C-5 is struck through and now it's only C-3, COMMISSIONER SCHIFFER: Right, 1 know that. But, 1 mean, I'm not worried about how we did it, I'm worried about the concept. In other words, up front here we have the -- any new building would have to meet the BMUD requirement. That's the thing that -- MS. JOURDAN: Yeah, I understand, it's saying that it would have to meet the-- MS. F ABACHER: Now that we're -- CHAIRMAN STRAIN: You guys can only talk one at a time, so wait till the other finishes. Thank you. MS. FABACHER: Now, what we're saying is if you retain your C-4 and C-5, you'll have to meet all of the other BMUD criteria, but you're exempted for height and setback. You have to follow LDC height and setback. Because one of the major concerns of property owners in the area was that they not lose that -- if they had C-4 and C-5, they didn't want to lose that ability to build that height. And then we talked to our redevelopment specialist at the county and we decided that -- actually, it was Sue brought it up and said well, what keeps these tall buildings -- what makes these tall buildings not incompatible with a building next to it that's going to be one or two stories? She said well, that's why you have those increased setbacks. And we were like, oh, my God, well, we'd better fix that. That's not to say that they can't pull some sort of facade or pavilion type thing up to the streetscape if they want, but the actual tall building would have to follow the LDC setbacks as they are now. COMMISSIONER SCHIFFER: You're going to have to go back to five. I'm sony, Jean, 5-D. CHAIRMAN STRAIN: Page 5-D. COMMISSIONER SCHIFFER: It says here, however, BMUD site development standards are applicable to all new development. MS. FABACHER: As provided for in Section 2.03.07(1) -- oh, 1 see what you're saying. You're correct. COMMISSIONER SCHIFFER: So the point is that you're preventing something that can't happen anyway. Or I don't understand something. MS. JOURDAN: So would you recommend if we put "except as" after this, then it would be consistent? But it says on -- COMMISSIONER SCHIFFER: 1 know what you're saying, a C-4 could be a 75-foot high building. MS. JOURDAN: Correct. COMMISSIONER SCHIFFER: A C-5 can't. I think that's in the -- MS. JOURDAN: Yes. COMMISSIONER SCHIFFER: -- thirties or something. So that's not a problem. Yet we are able Page 66 161 IB~ August 8, 2007 to build buildings 56 feet high, so we're a couple offeet away. But I honestly think that in any new building, there are some C-4 vacant lots in there, I know. But they would have to be built to the BMUO standards. There's no way they could avoid it. MS. FABACHER: Well, no, they get to keep their height. And when you say the BMUD standards, that's in the table. Now the table now says that C-4 and C-5, if you keep your C-4 and C-5 zoning, you not only go by their height, but you have to follow their setbacks, as provided for in the standards. They've altered the standards themselves. COMMISSIONER SCHIFFER: So you're saying this phrase, C-4, C-5 zoning restricted to the building height per 4.02(A). 4.02(A) is the new table? MS. F ABACHER: No, that's the old LOC table for dimensions. COMMISSIONER SCHIFFER: Okay. 1 mean, let's just let it go. It doesn't -- if I'm right, it's a moot thing, if I'm wrong it's a moot thing, too. CHAIRMAN STRAIN: Interesting point, though. When you reference back to Page 5, it says to all new development as provided for in Section 2.03.07(1)(6)(h) of this code. Where is that? 1 mean, the code that you're speaking of, this is Bayshore overlay, correct? MS. F ABACHER: Exactly. CHAIRMAN STRAIN: Okay, 1 can't -- I've got that in front of me, which is what you gave us. Is it complete? MS. F ABACHER: Well, no, it's not. I mean, we didn't put in Section H. CHAIRMAN STRAIN: Section H is not here. MS. F ABACHER: Yeah, we didn't anticipate -- when we originally put the thing together, we just didn't anticipate this problem. This came up towards the end. CHAIRMAN STRAIN: Okay, thank you. MS. F ABACHER: But 1 believe H does direct you to these standards. COMMISSIONER SCHIFFER: Right. Which are the BMUO standards. MS. F ABACHER: Right. But the standards themselves now tell you that C-4 and C-5 have to follow the LOC setbacks. CHAIRMAN STRAIN: If you choose C-4, C-5 you'll revert back to the LOC for the setbacks. MS. F ABACHER: Right. And you'll recall, too, for architectural standards and so forth, it merely suggests that you use the Florida cracker style. But it does require you to have, what, six of eight elements, six of 10 elements and, you know, what was it, a certain percent of glass, modulation of the facades, that sort of thing. Breaking up of space. It's just concepts that aren't restricted to Florida cracker or Mediterranean or anything. MS. JOURDAN: Right. That's only encouraged. MS. F ABACHER: Encouraged, CHAIRMAN STRAIN: Brad, did you have anything else? COMMISSIONER SCHIFFER: Well, let me just make sure. So projects that are vacant land of C-4 and C-5, when a developer comes to develop them they will be developing them to what standard? What opportunities do they have? MS. JOURDAN: If they're not going under the MUP, then they would be developing it. If they chose to exceed that height, then they would revert to the LOC. COMMISSIONER SCHIFFER: Then the phrase up on 5, that 0 where it states that -- okay, you're saying that that bounces you down to the standards. And these standards have non-BMUD setbacks and heights in them. MS. FABACHER: If you choose to develop under C-4 and C-5, you'll have to stick by the height and the setbacks ofC-4 and C-5. Page 67 16\ 183 August 8, 2007 If you go BMUD, then you have the BMUD setbacks, but you have the BMUD heights, If you develop a mixed use project, then you go totally BMUD. COMMISSIONER SCHIFFER: 1 mean, isn't the intent of this overlay to make everything, the standards that we saw, consultants and pretty images? I'm not sure what's driving this, and I'm not sure why we just don't make everything in that neighborhood the BMUD. MS. JOURDAN: Well, from people coming in -- for instance, there's a property owner on Bayshore that had actually put in a plan to build a commercial type building some time ago. He has said that this creates hardships in what he wants to do. So we'd like to give the people the option where that they can elect -- even though we want to encourage this type of development, this type of theme, we don't want to cause a hardship for someone who's already decided what they want to do for their property, if it's going to be better for the neighborhood. You look at the plan, yes, this building looks nice the way you're proposing it. And he didn't -- for instance, the one thing about changing the build-to line, he was going to actually have a little fishing lake and stuff, because it's going to be -- 1 don't know if 1 should -- I guess it's -- I can go into what he intends to put there. COMMISSIONER SCHIFFER: But the build-to line's gone, so -- MS. JOURDAN: Right. So these are things that we were taking into consideration when we were making these changes is people who's actually come to us and they want to build in there, what they're proposing is great for the area, but some of these standards were causing hardships for them. COMMISSIONER SCHIFFER: This is a custom coding then, Did that person want to go higher than the 54 feet, four stories? MS. JOURDAN: No, no. That was a discussion more with Catherine and David and their staff. COMMISSIONER SCHIFFER: And this discussion occurred since our last meeting, obviously. MS, JOURDAN: Yes. CHAIRMAN STRAIN: Well, Margie, since the BMUD district is a new zoning overlay district and the underlining zonings, we wouldn't want to be taking away someone's right to remove the ability that they had through the underlying zoning, wouldn't we have to want to refer back to the underlying zoning as being applicable in some manner so that their rights are preserved or vested? MS. STUDENT-STIRLING: Yeah, 1 thought that that was the whole idea of the mixed use process, so that would be a way of determining which standards that they were going to use. And we could use that process and denote it as such on the zoning map. 1 never have a problem with clarity in stating, you know, what the intent is. I mean, that can only help. COMMISSIONER SCHIFFER: And Mark, that's my intent. 1 mean, I thought it was an either/or. You're either underlying zoning, which you have all the requirements you had prior to this, or you're BMUD. You get to vote which way you go. But now we're mixing them all together. Now underlying zoning are part ofthe BMUD standards. MS. JOURDAN: Well, the only way that the underlying zoning would be applicable is if they opted out ofthe BMUD. If they said 1 want to develop under C-5, then everything's applicable under C-5. COMMISSIONER SCHIFFER: That's funny because, you know, 1 had a client that was -- the BMUD came along, he had C-4 zoning, he happily wanted to do BMUD. He couldn't because you had to opt in. Now we have to opt out. I mean, this is -- the poor guy. He's got to -- you have a choice one -- MS. JOURDAN: Yeah, you have a choice. COMMISSIONER SCHIFFER: -- way or the other. And when you pick one way, all the rules of that way apply. When you pick the other way, all the rules of that other way apply. Why don't we do that? Why are we doing -- Page 68 161 I8? August 8, 2007 MS. FABACHER: If! -- Catherine Fabacher. If! could give a little history, In the very beginning when 1 first came to work here, this was the first thing that 1 was familiar with. And I went to some of the __ to one of the neighborhood meetings, which was with mostly the commercial property owners. And their chief concern was is that they did not want to lose the height that they had by right in their underlying zonmg. So when this thing was crafted, it was written to leave them that option to use that height. Well, upon looking at it at this time with David, we discovered that when we -- the build-to line or even the five-foot setback wouldn't be appropriate if you went ahead with C-4 or C-5 and you had a 75-foot building and you could put it within five feet of the sidewalk. So it was kind of a mistake in writing the thing. And it finally occurred to us -- it hasn't happened, but it occurred to us that someone could come five feet from the sidewalk and go up with a 75- foot building, which wouldn't be compatible with the other smaller buildings. So all we did -- it's always had the height in there. You could always keep your height because of the concerns of the property owners, Then we realized when we talked to the redevelopment specialists that we really needed to leave those -- if you're going to use the C-4 height, then you have to use the C-4 setbacks so you won't have this 75-foot building right there offthe sidewalk. It was never the intent ofthe overlay to do that. COMMISSIONER SCHIFFER: Back to the way 1 described it, one way or the other way, how could you choose conventional zoning, yet run in and try to grab that five-foot setback? You can't. You're either BMUD or you're not BMUD. But my problem is, why are we referring people to these -- the BMUD standards for conventional zoning, that's all. MS. F ABACHER: Because the architectural design standards you have to take either way. I mean, we recommend that you use the architectural design standards, which parallel the LDC. You know what I'm saying? It's not necessarily has (sic) to be Georgia cracker, but it's got the six of 10 elements that you need to use, which is the same as the LDC. COMMISSIONER SCHIFFER: Unconventional, right? MS. F ABACHER: Unconventional? COMMISSIONER SCHIFFER: In other words, you have to use the architectural standards of the conventional when you're using the conventional underlying zoning. MS. F ABACHER: No. COMMISSIONER SCHIFFER: Do you want them to use the BMUD architectural standards? MS. F ABACHER: Yes. COMMISSIONER SCHIFFER: Then why don't we say that? CHAIRMAN STRAIN: Well, didn't they say it by saying that if you go C-4, C-5, you're -- you're restricted to building setbacks. They're not saying anything else, they're just saying building setbacks. That's why they said it that way, I think, Brad. COMMISSIONER SCHIFFER: 1 don't know. I mean, I'm again back to that paragraph D. Move on, let me look up that one section of the code. MS. JOURDAN: Okay. Maybe also, Catherine, you have the LDC there, it has those standards, that you can let him look at that. Because a piece is missing for him, 1 think. COMMISSIONER SCHIFFER: I have it, don't worry. MS. JOURDAN: Oh, okay. CHAIRMAN STRAIN: If that was your question on 29, do you have -- anybody have any questions through Page 35? Ms. Caron? Page 69 161 18?; August 8, 2007 COMMISSIONER CARON: 1 just had a question on Page 30 where it says maximum height of structures. It says the third line. It says classifications are restricted to maximum building height. Does that mean that 1 have to -- you know, the underlying maximum is 50 feet do 1 have to build to 50 feet, 1 can't build to 35? Am 1 reading it-- MS. JOURDAN: No. I'm sorry, Catherine. What Catherine says is correct. MS. F ABACHER: What I'm understanding you saying, are you forced to build to 75 feet? No. Perhaps it could be worded better, as required by? COMMISSIONER CARON: Yeah. 1 mean, 1 just didn't want that to be-- MS. FABACHER: We could change restricted to "as required by." "The" instead of restricted to, if that would clear up that confusion. CHAIRMAN STRAIN: As required by, right? MS, FABACHER: Right, urn-hum. CHAIRMAN STRAIN: Anything else between -- up to Page 35? (No response,) CHAIRMAN STRAIN: Okay, 35 through the rest ofthat BMUD section, which takes you past the -- through the 11-by-17 map that's attached. That's the rest of the BMUD document. Is there any other questions on the BMUD document? (No response,) CHAIRMAN STRAIN: Brad, did you want to finish up your questions on that? COMMISSIONER SCHIFFER: I'm sorry, I'm just making myself car sick through these tables here. CHAIRMAN STRAIN: Well, we can go on to the Gateway-- COMMISSIONER SCHIFFER: Yeah, go ahead, and come back. Thank you. CHAIRMAN STRAIN: As far as the Gateway Triangle goes, it's a similar correction as was made for the BMUD. MS. F ABACHER: Correct. CHAIRMAN STRAIN: Same kind of layout, same program. Why don't we just take it as one document. Does anybody have any questions, and it starts on Page 41 and goes to Page 72. It's the Gateway Triangle mixed use district overlay. Any questions on that? COMMISSIONER CARON: 1 think just the same one. CHAIRMAN STRAIN: Ms. Caron would have the same suggestion in the same section of that one that she had on the BMUD. MS, JOURDAN: Okay. CHAIRMAN STRAIN: Okay, Brad, did you want to-- COMMISSIONER SCHIFFER: I haven't found it yet. Sorry, sorry. Catherine, you do have that 2.03,07(l)(6)(h)? MS. F ABACHER: Sure. COMMISSIONER SCHIFFER: l'l1 hop down there and look at it. MS. FABACHER: Okay. MS. JOURDAN: If you don't mind, while we're having this little pause, I'd like to thank Catherine for putting these together. Because I know just in trying to do mine, any time you make a little change, the pagination goes off, the formatting, the numbers change. It's a nightmare. So Catherine really had her work cut out for her putting these together. CHAIRMAN STRAIN: She did. This is one of the better LDC packages we've received, so-- MS. FABACHER: Here, it is. Here's the H. It should be subject to site development standards. Page 70 lA~glst 8~~; And then we amended these. If you follow the conventional height, you have to -- the conventional setback. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: On Page 59 we have crossed out churches and places of worship and substituted just churches. MS. F ABACHER: 1 think I can answer that. Churches is a defined term. And if you read the definition, it just says other places of worship, COMMISSIONER MIDNEY: Well, what I'm thinking is churches, I think of that as Christian. What about if you wanted to have a Muslim mosque? MS. FABACHER: It is not -- what's the word, denomination specific. It is not. You can have whatever you want. MS. STUDENT -STIRLING: 1 read a commentary recently about this. And one of the -- in the zoning article, And one of the suggestions they used was to say assembly uses. That would encompass churches and private clubs and all kind of things. So it's just a recommendation on how to deal with this issue from a zoning article 1 read. COMMISSIONER MIDNEY: So mosque would fall under churches then? MS. STUDENT-STIRLING: Well, no, the suggestion would be to say assembly uses. COMMISSIONER MURRAY: As with the Ku Klux Klan. MS. STUDENT-STIRLING: Which means, you know, you could assemble. And you don't talk about churches, mosques, synagogues, private clubs or anything. That was just a suggestion in this article 1 read in a zoning publication about how to deal with this issue now, COMMISSIONER MIDNEY: Assembly seems too broad. MS. F ABACHER: Commissioner, could I read the definition? COMMISSIONER MIDNEY: Yes, please. MS. F ABACHER: Okay. Church: A building or group of buildings and/or structures providing a place of assembly for worship, ceremonies or rituals pertaining to a particular system of beliefs. COMMISSIONER MIDNEY: That's pretty good. That's fine. CHAIRMAN STRAIN: Brad, did you have anything you wanted to finish up? COMMISSIONER SCHIFFER: I'm not totally comfortable. Let's move on, because this is stuff we just got today. I think it's fine, but just give me the caveat that next meeting if! freak on it I can bring it back. CHAIRMAN STRAIN: There won't be a next meeting, Brad. COMMISSIONER SCHIFFER: Next Thursday we're not going to meet? CHAIRMAN STRAIN: Well, this would be done today. Do you want -- you're saying you're not ready to finish? We're going to keep this thing open for that issue? COMMISSIONER SCHIFFER: Well, after that compliment for Catherine, l'll trust this. CHAIRMAN STRAIN: Well, l'll tell you what: If you find something seriously wrong between now and the next meeting, why don't we bring it back for discussion. But only if you find something wrong with it. COMMISSIONER SCHIFFER: No, I'm not shy. CHAIRMAN STRAIN: Okay. Well, let's just do it that way. And maybe by then, though, if you do have a question prior to the meeting, you could give this young lady, Ms. Jourdan, a tip-off -- COMMISSIONER SCHIFFER: 1 will. CHAIRMAN STRAIN: -- and you guys can communicate. With that then, on the premise that we're not going to have anything next week and we go forward, is there a motion to recommend approval for 1.08.02, 2.03.07,4.06.16-4.02.21, and that's the Bayshore Page 71 16 1 83 August 8, 2007 mixed use overlay. COMMISSIONER MURRAY: Moved. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Motion made by Mr. Murray, second by Commissioner Adelstein to recommend approval. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: All those opposed, same sign. (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Is there a motion to recommend approval for 1.08.02, 2.03.07, 4,02.35, 4.02.36 for the Gateway Triangle mixed use district overlay? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by? COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Mr. Murray. All those in favor, signify by saying aye. COMMISSIONER KOLFLAT: Aye, COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye, COMMISSIONER MURRA Y: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Thank you. MS. JOURDAN: Thank you, MS. FABACHER: Thank you, Jean. CHAIRMAN STRAIN: Now we're moving forward-- MS. F ABACHER: 1 think we're back to the omissions. CHAIRMAN STRAIN: We're back to 191. MS. F ABACHER: 191, thank you. CHAIRMAN STRAIN: Oh, no, it's -- is it 191? Yeah, Page 191. Okay. MS. F ABACHER: Okay, for staff, we're trying to return the old definition of the method of measuring lot widths from the old code and return it back into this code. Because we don't have that definition. It's an omission. COMMISSIONER SCHIFFER: 191? COMMISSIONER CARON: You're on the wrong-- Page 72 16J 1 B~ August 8, 2007 CHAIRMAN STRAIN: Yeah, we're on page -- COMMISSIONER ADELSTEIN: 191. COMMISSIONER KOLFLA T: That's 191. COMMISSIONER CARON: This is deleting references to preliminary plats? CHAIRMAN STRAIN: As a type three application. MS. FABACHER: I'm sorry, we're on the second Page 191. CHAIRMAN STRAIN: Boy, now that's a curve that's going to be -- the only 191 I have in my book, Catherine -- COMMISSIONER CARON: Oh, no, she's right. CHAIRMAN STRAIN: Oh, we're on the first Page 191. MS. F ABACHER: The second Page 191. CHAIRMAN STRAIN: You're on the second page. MS. FABACHER: I'm on the second page for the lot -- oh, okay. Well, I thought we already did that one, COMMISSIONER CARON: No, we did not. MS. F ABACHER: I'm sorry. CHAIRMAN STRAIN: Wait a minute, this is the -- COMMISSIONER SCHIFFER: This is different. CHAIRMAN STRAIN: Yeah, this is the one. This is another one we missed with Stan. COMMISSIONER ADELSTEIN: We didn't do that. CHAIRMAN STRAIN: This corrects I think the prior Page 1. It's consistent with Page 186, I would think. MS. F ABACHER: Correct. CHAIRMAN STRAIN: It looks like it reduces or removes the-- MS. F ABACHER: Preliminary. CHAIRMAN STRAIN: -- plat language review by the planning commission is all it does. Go ahead, Ms, Caron. COMMISSIONER CARON: Well, it also looks like it takes the planning conunission out of variances or conditional uses. CHAIRMAN STRAIN: Where do you see that? MS. F ABACHER: You're correct. You're correct on that. I didn't see that. CHAIRMAN STRAIN: Okay, I see, the little arrow. COMMISSIONER CARON: We're not in the loop any longer. MS. F ABACHER: You're right. COMMISSIONER ADELSTEIN: Not in that one. COMMISSIONER SCHIFFER: I don't see that, Donna. Say that again. CHAIRMAN STRAIN: Yeah, I didn't see it at first either. Page 192, the left-hand side. COMMISSIONER ADELSTEIN: Page 192 now. MS. STUDENT-STIRLING: Right there. COMMISSIONER SCHIFFER: We're preliminary plats. But what else did you say, variances? COMMISSIONER CARON: Well, it doesn't allow us to be involved in any of the above. Because they've taken us out completely. Nowhere does it say that variances or conditional uses have to go before the planning commission on this chart. COMMISSIONER SCHIFFER: Unless in the code it refers the planning conunission type three. MS. F ABACHER: It does. It was very interesting when it went before DSAC. They said I don't know why you're modifYing this, nobody uses this anymore. And it came from the county attorney's office Page 73 161 181 August 8, 2007 to modifY these charts, CHAIRMAN STRAIN: Well, 1 think you need to come back with a better modification. MS. STUDENT-STIRLING: Yeah, I'm confused. MS. FABACHER: Well, it's true, CHAIRMAN STRAIN: So you're going to bring these back? First Page 191 is coming back to us; is that fair to say? COMMISSIONER ADELSTEIN: Yes. MS. F ABACHER: Yes. Yes, because 1 don't think it happened in type two. Okay, yes, we'll have to amend it to show the planning commission in the loop on all these other processes. 1 think it should go right under the petition type, or the case type. CHAIRMAN STRAIN: Okay, want to go to the second 191? MS. F ABACHER: Yes, CHAIRMAN STRAIN: You'll bring that one back? MS. F ABACHER: Yes, I'll bring that one back. Thank you. Good catch, Commissioner. Okay, this is the one 1 began to describe about bringing back the method of measuring lot width per the definition from the old code. And I think if you look on page -- the second Page 192, some figures that Commissioner Schiffer wrote. And I think it explains the difference about where you measure your width. You take it from the cord, which is that straight line between the dashed line and the figure nine. That dashed line between the two end points of the cul-de-sac lot. Obviously the dash line is going to occur in the county's right-of-way. And you measure back from that to find your setback, as opposed to measuring from the radius of the property line. Staff has said that this is the way that it's been done for 30 years. And it was not clear when the code -- when we recodified and lost these definitions. We lost a lot. In fact, that's most of what's in this last piece for you is returning all these old definitions. The alternative would be another method of measurement, which means you would measure the front yard setback from the actual property line, the curved property line, rather than the cord. But the problem with that is it would put -- since the county's been doing it this way for 30 years, it would throw so many front yards into noncompliance that it's just not going to work for us. CHAIRMAN STRAIN: Could you show us on Page 194, you have some language involving basically cul-de-sac lots? MS. F ABACHER: Right. CHAIRMAN STRAIN: And this would be probably like a comer lot or lot on a cul-de-sac. Do you have a diagram that represents what you're trying to say there? MS. F ABACHER: Well, the one in figure nine does, If you see the curved front end of the property line. CHAIRMAN STRAIN: What if it's curved out instead of in? COMMISSIONER SCHIFFER: Do you know how to work this? One thing while we're waiting, before we get into it, I'd like to reverse the lettering. In the text of this it's wrong. Figure 9 should be -- is the wrong figure. So 1 think the illustrations Figure 10 should be renumbered Figure 9. And Figure 9 should be renumbered Figure 10. COMMISSIONER ADELSTEIN: We need somebody that knows how. COMMISSIONER SCHIFFER: And 1 think to summarize what Catherine's saying, this illustration shows the setback matching what I think the definition of setback is. Catherine is measuring it off of a cord. If you read it, what it says to do that on a cul-de-sac you draw a cord, and that would be the line near the word "street". And then you take that line and make a line parallel to it at the setback. Page 74 ~~gjst 8, ~o~f Where Catherine and I aren't seeing eye-to-eye is where is the setback. If you look at the illustration __ and Catherine, what 1 suggest we do, renumber Figure 10 to be 9 and 9 to be 10, because that's the correct order, I think -- is she's measuring the setback from the cord. Now, remember the controversy we had with -- the controversy that Naples had with cord measurements. There's a couple of -- and there's one other problem 1 think with this particular one, is on the last page there's a revision for setback piggybacking this, It was never really advertised. This was the thing that angered me the last time. MS. F ABACHER: Well, it's advertised now, Commissioner. COMMISSIONER SCHIFFER: Right, by me saying it? Advertised now. But the point is that 1 think this -- to me this thing is the thing we could get in trouble with. The problem we have, 1 mean, it's easy to offset lines, it's easy to figure a dimension from a property line, from a curve, straight, whatever. It's difficult to do it this way, because, for example, if you have inverse curves, where is the cord going to be then? I can show you a study I made that in an RSF-3 cul-de-sac with a 60-foot radius cul-de-sac, it could bring the building as close as in the low twenties. And the reason I can't give you a precise answer -- that if you measure by cord, there is no precise answer -- is that, you know, you could bring a building that should have a 30-foot setback less than 25 feet m. And I know my commissioner lives in that district, and 1 don't want to explain to him why that -- maybe they don't use the word, but 1 will -- mega house is sitting on the street. So -- but, you know, what staffs been measuring, staffs been measuring. And I don't know what the legacy of this problem is. 1 do know that if you look at the definition of setback, we reviewed that not too many cycles ago, and there was no need to put it in then. But anyway, enough. CHAIRMAN STRAIN: Well, Mr. Kolflat, go ahead. COMMISSIONER KOLFLAT: I don't think Brad even goes far enough. This might have been done all these years, but this is totally wrong. 1 also looked at a specific lot and that lot, as far as the cul-de-sac circle, it exceeded 90 degrees as far as on an arc. And if you go past 90 degrees and you draw the cord line, you end up that your setback doesn't even get back on the property line, it's short of the property line. Yes, he's made a lot of turning degrees. But if you make this 100 degrees arc that you're looking at here and you draw cords and then you draw a setback line of 25 feet for front yard setback, you don't even get off your property line. CHAIRMAN STRAIN: Catherine? MS. F ABACHER: Commissioner makes a very good point. And that is why we're asking for this language on Page 194 to setbacks, saying in any case you shall have at least 18 feet, the length of a car, for just the case that you mentioned. COMMISSIONER KOLFLA T: Well, 1 would think it would be better to restrict it to the arc, that you would only go so far on the arc so you would never get to that position. COMMISSIONER SCHIFFER: And what that's saying is that you could go into -- and, Donna, you and I live in an area with a lot of R-3. Can you imagine those buildings like the one he showed. Remember that one the guy showed today? That's one of our neighbors. And that thing, 18 feet off of the street setback? CHAIRMAN STRAIN: Well, it might be better if staff carne back with this one with some -- a variety of diagrams to show us how it applies in various cases that we're talking about. Because I've got Page 75 16 I 1 B'j August 8, 2007 another case, and I'm going to put it on the overhead. Great, I didn't know this thing bled through like this. COMMISSIONER SCHIFFER: And Mark, there may be children watching, CHAIRMAN STRAIN: The problem 1 have, is Catherine -- and 1 can try to draw it on this one. If you've got a cul-de-sac coming in like this, you've got typical lots over here, and this lot right here becomes a comer lot because of the cul-de-sac, how do you measure this particular front yard if you're going from end to end? You're going to be going across here. How does this apply in regards to that definition on Page 194? And I think that's some of the clarification that would be helpful to understand. COMMISSIONER SCHIFFER: And Mark, that's the inverse curve. Once you do that, the whole thing falls down. 1 mean, a cord really makes sense only on one curve. But the thing that I don't understand, what the problem is of just -- you know, what's the problem of just offsetting the expected setback? MS. FABACHER: You mean changing the 18 feet on Page 194 to 25? COMMISSIONER SCHIFFER: No, 1 don't think we need to do the revision to the setback. 1 think that's what I'm actually saying. And 1 think if we really want to change the word setback, let's retitle this and readvertise it as, you know, adding a -- you know, revising the definition for setback. That's the most drastic thing. The writer to this is the one that could cause problems. And you only have to think back to that Naples situation where these people had the garage 14 feet measuring off a cord. And now the legacy -- 1 don't know what's been going on in the building department. I do know that if you measure the width of the site the way 1 show it, the existing -- it's a smaller site than the existing site. So people could actually get tighter sites. But you're concerned about making something nonconforming, could happen. MS. F ABACHER: The setback. The front yard setback. COMMISSIONER SCHIFFER: Not the setback, actually using the width, sticking to the width. MS. F ABACHER: Oh, if you use the curve to denote where the setback is instead of a straight line, then these buildings will be encroaching in their front yard. Then when they go to get another building permit, they're a nonconforming structure. COMMISSIONER SCHIFFER: Well -- actually, the way I'm doing it, you could actually make a smaller site than a bigger site. MS. F ABACHER: No, 1 understand that. It's not the size, it's the setback that will throw the other buildings into nonconformity. If they were built based on this 18 feet from the cord and in their zoning district they have to have a 25-foot front setback, then you make these buildings nonconforming. So that when they want to go forward, they have a problem with a nonconforming structure. You know how they try to clear up that for everybody before they transfer the title. It would be kind of a nightmare. COMMISSIONER SCHIFFER: But 1 mean, we have to be smart enough to be able to grandfather things in. 1 mean, if we make a change -- if we make a lot of changes and we can grandfather something prior to that. CHAIRMAN STRAIN: I think if you're a nonconforming structure, don't you have limitations on future expansions, additions and things like that that come into play that you wouldn't have expected, had this code not changed. MS. F ABACHER: Exactly. CHAIRMAN STRAIN: So you're going to be hooking a whole pile of people -- MS. F ABACHER: Exactly. Page 76 16 \ 1 B~ August 8, 2007 CHAIRMAN STRAIN: -- that are going to be caught b1indsighted. MS. FABACHER: That's what staff's problem is. COMMISSIONER SCHIFFER: But who is the one measuring it this way? I mean, what -- MS. F ABACHER: The building reviewer, zoning, building. They tell me it goes back for 30 years. They've been doing it this way for 30 years. So just about all the -- COMMISSIONER SCHIFFER: But I'm not -- you know, the definition, it was never in setback. I think there might be a confusion, there was a definition of yard that had something similar to this. But a yard and a setback aren't necessarily the same thing. For example, where I come from up north, the building had to have a setback, which is what we have, but you had to maintain a certain yard, which meant your porches and steps and stuff like that could come forward ofthe setback. CHAIRMAN STRAIN: Catherine, who in the county staff deals with these kind of geometry -- this geometry, this kind of stuff'? MS. F ABACHER: Ross and Stan. I mean Ross Gochenaur and Stan. And I wish Stan were still here, because he originally gave me a drawing of how to measure those inverse curves that you're talking about, so -- CHAIRMAN STRAIN: Could you, rather than us sit here and jaw on this thing for the next hour, because I'm sure that we can, because 1 still am not understanding what you're trying to accomplish versus what we may want to accomplish. Could you get with them and come back here next Thursday or whenever we continue to -- MS. FABACHER: Okay, sure. CHAIRMAN STRAIN: -- and address this particular -- and have them be prepared for a variety of scenarIOs -- MS. FABACHER: Okay. CHAIRMAN STRAIN: -- so we can iron something out. And if there's better language that needs to be suggested yet still protects things, let's just refine the language a little bit. MS. F ABACHER: Okay. CHAIRMAN STRAIN: Okay? Does that work for, Brad? COMMISSIONER SCHIFFER: It does. But 1 think if the intent of this is also to revise the definition of setback, that should be more publicly promoted. MS. F ABACHER: Commissioner, when we advertise, all we do is advertise the general section number. We don't say exactly what's going in. So this was advertised as changing -- amending Section 1.08,02, definition. That's the only advertisement it received. CHAIRMAN STRAIN: I don't think it was intended to change the setback. If it evolves to that then yeah, we may have to withdraw and redo this at another time. But this is just defining how to measure the existing cases in which setbacks were already applied. Is that an accurate statement, or not? MS. F ABACHER: You mean if we found another way to differentiate between the things that were designed or built prior to this change, if we're going to change it? CHAIRMAN STRAIN: This was an omission from the prior code. MS. F ABACHER: Correct. CHAIRMAN STRAIN: And apparently pursuant to that prior code is how we've been doing things; is that right? MS. F ABACHER: Correct. CHAIRMAN STRAIN: So all we're trying to do is make this code the same as the prior code. MS. F ABACHER: Correct. Page 77 lA~g!st 8,~O~; CHAIRMAN STRAIN: So we're not changing anything, we're just bringing the old language forward. MS, FABACHER: Trying to codifY what is actual practice. CHAIRMAN STRAIN: So now what I'm saying is if we change the language the next time around, that changes the prior code to result in a different front yard setback measurement. Then we're doing what Brad suggested, that we're changing people's setbacks, we need to readvertise, possibly, Because from what I've heard you say, we're not changing anything, we're just bringing old language forward. COMMISSIONER SCHIFFER: 1 mean, my concern is this is called add a definition for lot width. Behind it is revise a definition of setback. And maybe we're right to do that. 1 just don't like it sneaking in -- or riding along behind the other thing, that's all. CHAIRMAN STRAIN: Well, if we're changing something, we should notifY it a little more clearly to the property owners. 1 know you ran a full-page ad with all this big bold print. It's hard to follow. But 1 think Brad's concern is we'd be making a lot of people nonconforming. If that happens, I think we have a problem. MS. F ABACHER: Well, that's why we wanted to just put back this existing language, to not have -- create nonconformities for everyone. CHAIRMAN STRAIN: All I'm saying is when you come back next Thursday, we're not trying to undo what you're trying to do, we're trying to understand it better. And if we all understand it and it works, fine. But if we have to go beyond that to a point we are physically making the lots nonconforming, then that's a different ballgame, 1 think that's what 1 think the consensus might be. MS. FABACHER: Okay. Well, l'l1 bring Stan and all his illustrations next time. CHAIRMAN STRAIN: That would be very helpful. Then we can all understand it. MS. F ABACHER: Thank you. CHAIRMAN STRAIN: Could you send those out ahead of time? E-mail or something? MS. F ABACHER: What now -- oh, yes, I can. I'll try. CHAIRMAN STRAIN: So pages 191 through 194 are coming back. COMMISSIONER KOLFLAT: Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER KOLFLAT: 1fwe, in discussing this thing the next time around, come up that this setback -- result that the setback result is not rational or should not be used, don't we want to address that issue too? CHAIRMAN STRAIN: We can address it during discussion. But if we -- 1 don't know if we can make a decision like that. It's either we accept the language or not. If we -- COMMISSIONER KOLFLA T: Well, 1 mean, view a plot of the natural lot that exists in Collier County in which when you draw the setback it doesn't reach the property line because so much of the arc is taken. We said about 100 degrees around. It goes past the 90-degree cut of the circle. So if you have something like that, it results in a setback that doesn't even reach the property, there's something flawed with that kind of direction. CHAIRMAN STRAIN: Right. And that's what 1 hope the diagrams and the discussion next week will show. And if that's the case, then we need -- COMMISSIONER KOLFLA T: And so if we have any diagrams, anything that might assist in that discussion, we should bring it with us? CHAIRMAN STRAIN: If you have some, sure. I'm sure staffs going to have some, too. But anything that helps trying to -- if you have a question and we need clarification, it would be the time to get it so this doesn't get put through twice wrong. Page 78 16 j 1 B~ August 8, 2007 Yes, Commissioner Caron? COMMISSIONER CARON: And it would probably be good to share that with Stan ahead of time, too, so that he's prepared to talk about it. CHAIRMAN STRAIN: Stan Chrzanowski, the engineer. So if you get it to Catherine, Tor, she'll see that Stan gets it and can digest it a bit before the next meeting to help discuss it. COMMISSIONER KOLFLAT: Okay, thank you. CHAIRMAN STRAIN: Okay, Page 195? Return of another definition, dwelling, two-family. Catherine, is that one that was just left out? MS. FABACHER: Yes. And the code still talks about two-family dwellings. And essentially townhouse is defined as three or more. So if you wanted two townhouses next to each other, you couldn't have it. So that evolved as the two-family dwelling. But then the definition was dropped and yet the code still refers to two-family dwellings. CHAIRMAN STRAIN: Okay, anybody got any questions? Mr. Schiffer? COMMISSIONER SCHIFFER: And the reason we need that instead of the definition of duplex? Because this isn't the same thing? MS. F ABACHER: It's different. COMMISSIONER SCHIFFER: What's different? MS. F ABACHER: If it's a townhouse, it's fee simple. It's not on the -- same ownership on both sides. COMMISSIONER SCHIFFER: Duplex. Okay, she's right. CHAIRMAN STRAIN: Anything else? (No response.) CHAIRMAN STRAIN: Nothing, Is there a motion to recommend approval for 1.08.02, definitions? COMMISSIONER MURRAY: Sure. CHAIRMAN STRAIN: Mr. Murray made the motion. COMMISSIONER ADELSTEIN: Yeah. CHAIRMAN STRAIN: Mr. Adelstein seconded it. All in favor, say aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybodyopposed? (No response.) CHAIRMAN STRAIN: Motion carries. Okay, Page 197. MS. F ABACHER: Same thing. Returning it -- the definition of subdivision minor, verbatim to the code engineering services asked that we do that. CHAIRMAN STRAlN: Any questions? (No response.) CHAIRMAN STRAIN: Recommendation to approve 1.08.02, definitions for subdivision minor. COMMISSIONER ADELSTEIN: I'll make a motion. Page 79 161 1 BJ August 8, 2007 CHAIRMAN STRAIN: Mr. Adelstein. Seconded by? COMMISSIONER MURRAY: (Indicating,) CHAIRMAN STRAIN: Commissioner Murray. All in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye, COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: All opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Now we're on to the -- MS. F ABACHER: Pink book. CHAIRMAN STRAIN: -- the pink book. COMMISSIONER SCHIFFER: Oh, Mr. Chairman? CHAIRMAN STRAIN: Yes. COMMISSIONER SCHIFFER: Before we go, there was a John Kelly lot comer, lot interior. MS. F ABACHER: Thank you, Commissioner, 1 forgot. COMMISSIONER SCHIFFER: I think it's the same kind of thing. MS, F ABACHER: It's the same, You're right, 1 transmitted that at the last meeting. COMMISSIONER SCHIFFER: Right. And the question, Catherine, is that I guess when we went and threw the old code up in the air and not everything came down, did anybody leave behind any reasons why these definitions were taken out? So there's -- MS. FABACHER: No, Commissioner, there's no strike through or underlined. It's just the new code born from the head of Zeus, COMMISSIONER SCHIFFER: I actually do have -- 1 saved the box at that time, because I thought that was a scary event. Maybe 1 should donate that for the staff. It's a strike-through underlined version. Because 1 was -- MS. F ABACHER: Sure, a library, that would be great. COMMISSIONER SCHIFFER: -- really scared, because to do this properly you'd have to have the collective knowledge of everybody before us. CHAIRMAN STRAIN: What -- now you've another document? I must not have-- COMMISSIONER SCHIFFER: Lot comer, lot interior and lot through. I mean, they kind of seem self-evident. I can understand where somebody might not need them. COMMISSIONER KOLFLA T: Can I see it? MS. F ABACHER: Distributed at the July 25th meeting. COMMISSIONER SCHIFFER: Remember John Kelly came? This was his first one. Come on, guys, let's be easy on him. MS. F ABACHER: He's at Disneyland, so -- COMMISSIONER SCHIFFER: Mark, I got an e-mail that said you actually requested this thing. CHAIRMAN STRAIN: Well, 1 did -- 1 found through a discovery that there was some definition missing and another brought forward definition for a comer lot. And 1 simply suggested to staff, because they told me it was what they were using over at development services to determine setbacks from comer Page 80 16 i 1 B~ August 8;~007 lots. And I said, well, you ought to bring it forward in the code. So that's why it's here. So-- MS. FABACHER: Thank you. CHAIRMAN STRAIN: -- that's how it happened. It was just a-- COMMISSIONER SCHIFFER: 1 mean, 1 see no problem. I mean, they're all self-evident descriptions. But if they're needed, they're needed. CHAIRMAN STRAIN: Yeah, well, that was one that was in the old code and it just somehow got dropped, just like the others they described, so -- and I don't have my copy of that with me. COMMISSIONER SCHIFFER: 1 can put it on the visualizer. COMMISSIONER CARON: We should vote on it. CHAIRMAN STRAIN: Right. Is there any further discussion on this particular one? There's no page number, but it's the one on comer lots. We're bringing the old conversion back over to the -- old language back to the new code. (No response.) CHAIRMAN STRAIN: Okay, hearing none, is there a motion to approve 1.08.02, definition for lot comer? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, Seconded by? COMMISSIONER CARON: l'l1 second. CHAIRMAN STRAIN: Commissioner Caron. All in favor, signify by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response,) CHAIRMAN STRAIN: Motion carries, 7-0. MS. F ABACHER: Thank you, Commissioner Schiffer, for remembering that. COMMISSIONER SCHIFFER: And Catherine, remind me to find that. Because I think somewhere in the staff they have to have that stuff. MS. F ABACHER: We'd love to have that. COMMISSIONER SCHIFFER: We have to find a new place to put the lamp, but other than that -- CHAIRMAN STRAIN: Okay, Catherine, we have your pink book up next. MS. F ABACHER: Exactly. Okay. Let me just -- briefly, 1 don't think I need to beat a dead horse about how hard it is for staff and applicants alike and developers to use the tables, the current land use tables. And in fact, in going from the land use list to the tables, a lot of things were lost such as square footage restrictions and so forth. Because all of these -- many of these uses were heavily conditioned. And we try to go and address all of the conditions and footnotes and it just left a lot to be desired. So what we did is we went back to the old code, and that was 109 -- no, 91-102, supplement 17, and we tried to recapture the intent of the code, the fullness of it, the conditioning, and put all that stuff back that we'd lost with the tables. So that was that. And another reason is the on-line tables can't be viewed on-line. Page 81 161 183 August 8, 2007 So all right, now what we did was we went back to that code, And then as you know, our zoning classifications are cumulative, which means they carry forward. Meaning what is allowed in C-1 is automatically permitted in C-2. And what's allowed in C-2 is automatically allowed -- and so instead of saying that, we went ahead and carried the uses themselves so that there were -- because a lot of times things were overlooked because people weren't familiar with that cumulative thing, or they forgot to look at the C-1 to see what else was applied. So we did that. And then, let's see. That's what we tried to do and organize it better so it was more user friendly. So if you have some questions, I'm happy to -- CHAIRMAN STRAIN: Ms, Caron? COMMISSIONER CARON: 1 have a question -- well, I don't know if anybody does on three. I have one on four. CHAIRMAN STRAIN: Well, why don't we start right like we did -- yeah, let's just go in five-page increments again. Pages 1 through 5. Ms. Caron, you have the first question. COMMISSIONER CARON: Okay, on Page 4-C, there's a whole list of A, B, C under there. Wildlife management, plant and wildlife conservancies, conservation uses, oil and gas. A, B, C doesn't seem to relate to what's above. MS, F ABACHER: You're right. Thank you. You're right. Starting at A, we needed to pull it back out to A, Band C belong under a C, D, E, F. They belong D, E, F. Thank you for catching that. They got intended under conditions, but you're right, in their own right they're uses. So we'll correct that and renumber accordingly. CHAIRMAN STRAIN: Any other questions on Page 1 through 5? COMMISSIONER CARON: Page 5. CHAIRMAN STRAIN: Ms. Caron, then Mr. Schiffer, then Mr. Kolflat. COMMISSIONER CARON: 1 just had a question on C-1, Roman numeral, I guess it is. Am I reading this correctly, so you can have a packing plant across the street from residential PUDs or RT zoning? MS. F ABACHER: Yes. But this is in the agricultural zoning district, so they don't -- I don't think it intermingles very much, those other -- it's in A district. COMMISSIONER CARON: Well, since most of our county is -- has been left in A designation -- MS. F ABACHER: Okay, but it says that you cannot be located on a collector or arterial street that abuts property. COMMISSIONER CARON: Right, that's what I'm saying. So for example, if! have -- the further out you go on Immokalee, for example, on one side of Immokalee 1 could have a packing plant, and on the opposite side of the street 1 could have a PUD? MS. F ABACHER: You're talking about in Immoka1ee, the town, or on Immoka1ee Road? COMMISSIONER CARON: On the road. MS. FABACHER: On the road. Well, not if the road abuts any RSF-1, RSF-6 or any of those districts. 1 mean, this is language from the old code. We can absolutely clarify it, though. COMMISSIONER SCHIFFER: And Donna, that's an accessory use. So you forgot the farm that's there, too. This has to be an accessory use to -- MS. F ABACHER: Right, it's not a principal. Thank you. COMMISSIONER CARON: It does not abut. That's all right. 1 was reading it incorrectly, 1 think. CHAIRMAN STRAIN: Brad? COMMISSIONER SCHIFFER: The things you've crossed out, these are decisions staff has made Page 82 16 1 183 August 8, 2007 to remove, Obviously it's a prohibitive use if it doesn't exist and it's not allowed. For example, on Page 4, you know, we're not going to get any big football stars moving into the neighborhood. MS. F ABACHER: Yeah. Well, no, number three became a prohibitive use, that's why we took it out. It's prohibited. It's the Michael Vick amendment. COMMISSIONER SCHIFFER: Anything that's scratched off here is -- MS. F ABACHER: Accounted for somewhere else. COMMISSIONER SCHIFFER: -- something that you've made a decision as staff that it should be scratched off. In other words, it's not carryover forward from the legacy codes. MS. F ABACHER: That's true, that's true. COMMISSIONER SCHIFFER: You've colored everything and then there's also strike through, strike through -- MS. F ABACHER: Right, those are ours. COMMISSIONER SCHIFFER: We don't need this, okay. MS. FABACHER: Not that we don't need it, we moved it. It's prohibited use. We moved it to prohibited uses. CHAIRMAN STRAIN: Mr. Ko1flat? COMMISSIONER KOLFLAT: Yes, on Page 3 under B as in Baker, you list various activities in the agricultural activities that are included. Then down below that in green you list some of the same ones again, reiterating, you say that they are permitted uses. However, beekeeping is in the one at the top but is not down under the permitted use. What is the reason for not have beekeeping as a permitted use in -- MS. F ABACHER: Because you don't need 20 acres. There's no restriction on the required size on beekeeping. But the rest, dairying, ranching, poultry and egg production, milk production, livestock, it has to be on parcels 20 acres or greater. COMMISSIONER KOLFLAT: So it's the size limitation. MS. F ABACHER: Yes. COMMISSIONER KOLFLAT: Then over on the next page, Page 4, under item C, like in Charlie, it says wholesale reptile breeding, et cetera is all right. Why not retail? What's the distinction between retail and wholesale there? MS. F ABACHER: That's a good question, Commissioner. I guess you can't be sitting -- 1 guess so that you can't set there at your house in agricultural zoning and have people come back to buy a snake. CHAIRMAN STRAIN: Well, you'd be basically running a commercial pet store then. That's not what agricultural property -- that's a retail use. COMMISSIONER KOLFLAT: But the wholesale activities is all right? CHAIRMAN STRAIN: Right. It doesn't have the traffic generation that retail does. MS. F ABACHER: It's like a wholesale plant nursery. COMMISSIONER KOLFLA T: 1 was just curious for the reason. CHAIRMAN STRAIN: Okay, any questions through Page 5? (No response.) CHAIRMAN STRAIN: Okay, how about through Page 10? Anybody through Page 10? (No response.) CHAIRMAN STRAIN: Okay, let's go to page -- through Page 15. Ms. Caron? COMMISSIONER CARON: On Page 13. MS. FABACHER: Yes, ma'am. COMMISSIONER CARON: F-3. 1 think the word should be addiction, not addition. MS. F ABACHER: Thank you. Page 83 , 6, ~ 1 P,0. .... , """ ,.J/ August 8, 2007 COMMISSIONER CARON: And then 1 just had a question about this category. This group care II. When and where would you want people who constitute a direct threat to the health, safety and welfare of others? CHAIRMAN STRAIN: North Naples or Pelican Bay, COMMISSIONER CARON: 1 think this -- you know, there are -- we go further here where these are not delineated. And I'm not sure that in this county -- MS. FABACHER: Well, go ahead, Margie. MS. STUDENT-STIRLING: That whole system was set up back in 1990, 1 want to say, because of the Fair Housing Act amendments, And a lot of conditions are treated as disabilities under the law. So we have to be very careful. And the whole thing was researched and set up in the land code to make sure we were not running afoul of the Fair Housing Act amendments, CHAIRMAN STRAIN: Isn't that same language -- it looks like it appears under regular residential categories, too, so, 1 mean, they could be anywhere, in essence, by the way the code's written. MS. STUDENT-STIRLING: I'm not -- the way it was set -- and this is the basic idea, that you don't determine housing type based upon the emotional or psychological or physical characteristics of the people that live in there. In other words, if it's multi-family, you have to permit it in a multi-family district. If it was a smaller home where there's like six or less people and it's more akin to single-family, and you might have a family that size, then you have to have it as a permitted use in single-family. And that's the basic gist of the Fair Housing Act amendments. So the whole code was set up in response to that years ago. And 1 think now we're trying to fix problems that were associated between -- you know, when we did the new code, Isn't that correct, Catherine? MS. F ABACHER: No, it's just the table. We're just bringing back the old code language. MS. STUDENT-STIRLING: Oh, so you're bringing -- okay. So what's happening is we're bringing back 1 guess instead of the table, the list of uses. MS. F ABACHER: Right. MS. STUDENT-STIRLING: And I would not want to touch that, because that was very carefully researched years ago to meet the requirements of the Fair Housing Act. COMMISSIONER CARON: Page 15 up at the top of the page under C, the next to the last line says golf courses. And this is under accessory uses. And then if you drop down to conditional uses, golf courses are listed again. MS. F ABACHER: That's a good question. But C is associated with a primary development. It's part of a subdivision or something. Whereas E, the conditional use is a standalone golf course. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Okay, anything else through Page IS? I have one, Catherine, on Page 11. The Estates paragraph B. MS. FABACHER: Yes. CHAIRMAN STRAIN: The last line, it says Collier County GMP, or as provided under the Golden Gate Master Plan. And I'm just questioning the word "or". How do you -- how do you determine which one dominates? MS. F ABACHER: They're one in the same, aren't they? It's an element. The Golden Gate Master Plan is an element of the GMP, so -- CHAIRMAN STRAIN: Okay. MS. F ABACHER: Of the -- we can say of the Collier County GMP, comma, as provided under the Golden Gate area master plan. How about that? CHAIRMAN STRAIN: And we're not making a choice between two codes. Page 84 16 I 1 83 August 8, 2007 Okay, Page 16 up to Page 20, any questions? Ms. Caron? COMMISSIONER CARON: On Page 17-G, under non -- it says noncommercial boat launching facilities. Do you need to put in multiple docking facilities there, or -- MS. F ABACHER: Let's see. Well, I think a boat launch is different from a dock. COMMISSIONER CARON: Right. But if you go back to -- MS. F ABACHER: Boat launch is just the ramp. And you have docks and dock facilities, which is regulated under supplemental standards. And 1 think it's 5.03.03. COMMISSIONER CARON: It just seemed to be inconsistent. In one place you were combining the two, and then it just seemed to drop out. I'm trying to find a site to send you back to here. CHAIRMAN STRAIN: Page 14, 2-A, that one says private docks and boathouses, is that-- COMMISSIONER CARON: No, this is separate. I'll find it, Catherine, and bring it up to you. That's all right. CHAIRMAN STRAIN: Okay, anything else up to Page 20? (No response.) CHAIRMAN STRAIN: If not, anything up to Page 25? Yes, Ms. Caron? COMMISSIONER CARON: Page 20. It's just a formatting change. We'd been saying permitted uses, accessory uses, and now number two says uses accessory to permitted uses. MS. F ABACHER: Thank you. We missed that. COMMISSIONER CARON: No big deal. CHAIRMAN STRAIN: Okay, up to Page 25, anybody else? (No response.) CHAIRMAN STRAIN: Okay, up to Page 30? (No response.) CHAIRMAN STRAIN: Up to Page 35? Catherine, I have a question on page -- kind of on Page 34. It starts there, but it finishes on Page 36. Let me start there. Number 72. MS. F ABACHER: Okay. CHAIRMAN STRAIN: If you read that language, then turn to Page 36 and look at number eight. So what I'm asking about is they're both within the same residential district. One is talking about a comparable use under a principal use category, and the other is talking about a comparable use under a conditional use category. So if 1 was coming in and wanted to do a comparable use, I'd certainly want to talk about it under the principal use category, wouldn't I? 1 mean, how do you make the choice as to where distinguishing features are between where you're going to ask for it to go under? MS. FABACHER: Well, 1 think that's the call of the -- as the process points out, it's the call of the zoning director gets the first cut at it and then the applicant can appeal that decision to the board of zoning adjustment, which is what the process refers to. As far as the -- you they're going to come in -- an applicant will come in and they'll say, well, 1 have a permitted use for travel agencies, therefore can 1 have a-- CHAIRMAN STRAIN: I understand, you don't have -- that's okay. 1 understand what you're saying. So the zoning director gets -- MS. F ABACHER: First cut. And then you appeal through the BZA. CHAIRMAN STRAIN: Okay, back to my comment on Page 72 -- on item 72, Page 34, the third line from the bottom. To the operational functions of a business and are purely associated. How do we decide if something is purely associated? Page 85 161 18'3 August 8, 2007 MS. FABACHER: Commissioner, that's old language. We can strike purely, if you'd like. CHAIRMAN STRAIN: 1 think it would be better, just leave the word and associated. Ms, Caron? COMMISSIONER CARON: I'm sorry, 1 need to go back to Page 30 under B. And down at the bottom of that paragraph it starts out five sentences from the bottom of paragraph B, it starts maximum density permissible in the C-2 district. MS. F ABACHER: Yes. COMMISSIONER CARON: It's maximum density permissible in the C-2 district as long as it's a mixed use project, correct? Because-- MS. FABACHER: Well, no, the only way it could get to be a mixed use in a C-2 would be to go through that -- 1 think it's a conditional use. If you want to do mixed use in a straight commercial zoning, you're allowed in C-1 to C-3 a conditional use to do mixed use. You're not allowed any mixed use by right in those districts. But we have an element n COMMISSIONER CARON: Right, but there's also not technically density assigned to commercial unless it is combined with a mixed use project. MS. F ABACHER: Correct. Perhaps we should say under the urban mixed use, maybe, instead of and. You're correct on that. COMMISSIONER CARON: Okay. MS, F ABACHER: Although n yeah, right. If you have some mixed use, then you get -- you're allowed residential. So we should say under instead of and, Thank you. I'll check that on all of the districts. CHAIRMAN STRAIN: Okay, any other questions through Page 35? (No response.) CHAIRMAN STRAIN: Through page 40? (No response.) CHAIRMAN STRAIN: Through Page 45? (No response.) CHAIRMAN STRAIN: Through Page 50? COMMISSIONER MURRAY: My God, I think we're actually going to make it. CHAIRMAN STRAIN: Through Page 55? (No response.) CHAIRMAN STRAIN: Through Page 60? (No response.) CHAIRMAN STRAIN: Through Page 65? By the way, Catherine, that word purely appears in every zoning category. MS. F ABACHER: Okay. CHAIRMAN STRAIN: So I'm assuming if you're going to correct it in one, you'll do it in them all. MS. FABACHER: 1 will. Will do it. I'll do a search and replace. CHAIRMAN STRAIN: Page 70? COMMISSIONER SCHIFFER: 1 have one. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Catherine n actually it's on Page 65, sorry. The accessory uses. A detached caretaker's residence? And 1 just looked in the zoning. In C-4 it's not detached. Why is it detached in C-5? MS. F ABACHER: You looked at the table? COMMISSIONER SCHIFFER: Yeah. And it didn't have any footnote or anything. So can you Page 86 161 lB? August 8, 2007 just double check that? MS. F ABACHER: Certainly. COMMISSIONER SCHIFFER: Because essentially what that is, that's where you find your mini-storage where people really are living within them. COMMISSIONER KOLFLAT: Which one was that, please? COMMISSIONER SCHIFFER: It's on Page 65-2, accessory use, attached caretaker's residence. I think it should be the same as C-4, which is just a caretaker's residence. CHAIRMAN STRAIN: Any others through Page 70? (No response.) CHAIRMAN STRAIN: Through Page 75? Catherine, on Page 73 where you got to the end of your typical industrial zoning permitted uses, you didn't have that catchall phrase, the one with purely in it. Do you want to add that there for comparable uses? MS. F ABACHER: Sure, thanks. CHAIRMAN STRAIN: Takes us through Page 75. Do we have anything through Page 80? (No response.) CHAIRMAN STRAIN: Through Page 85? (No response,) CHAIRMAN STRAIN: Okay, through Page 90? (No response.) CHAIRMAN STRAIN: Through Page 95? (No response.) CHAIRMAN STRAIN: Now we're up to Page 100. We're getting to the end. (No response.) CHAIRMAN STRAIN: Okay, through Page 105? (No response.) CHAIRMAN STRAIN: Page 110? Catherine, 1 have one on Page 110. It's (1 )(A) (iii). It talks about passive parks and other passive recreational uses. And do we have a definition for what passive uses are? MS. F ABACHER: No. CHAIRMAN STRAIN: Then how would we know if we have passive parks? MS, F ABACHER: The problem, you recall, if it wasn't last cycle, it was the cycle before. We tried to get together with Conservation Collier and Parks and Rec and some third department and they could not all agree on the definition of passive parks. In fact, when we did research through other ordinances around the state and other places, it was very hard to have it defined because of that problem. It means different things to different people. Now, I think they set out the uses specifically in the Conservation Collier ordinance. But to make it -- you know, the thing that we have in the code is that a definition should apply universally. No more of this in section such and such contiguous shall mean. Contiguous is contiguous throughout. So 1 think the problem was is we couldn't get everybody together who had some input on passive park or passive recreation to agree on that what that was. CHAIRMAN STRAIN: I did remember it came up. 1 didn't remember the results. Because I don't think we knew that the results are what you just said. So because three groups of bureaucrats couldn't come to a decision, the citizens now have an undefined term that they have to fight and deal with, should they come through, and could be subject to putting in recreational facilities that may not be passive in some neighbors eyes but are in others. I mean, that's a pretty ambiguous way to leave it. Page 87 16 1 1 B3 August 8, 2007 MS. F ABACHER: But the problem is is some things that are considered passive by the recreation department are not permitted in Conservation Collier lands and not considered passive by them. It's a different kind of -- CHAIRMAN STRAIN: That's more of a reason why we need it defined, wouldn't you think? MS, FABACHER: Well, the problem is is 1 don't think Parks and Rec will go with Conservation Collier's determination of it, but -- CHAIRMAN STRAIN: Well, this is used, though, in more than other parts.- there's other PUDs-- for example, almost every PUD that comes before us has conservation areas set aside. And within that conservation area, they said they can have passive recreational uses. And it's repeated in almost every-- MS, F ABACHER: That's right. That was the third group, environmental. CHAIRMAN STRAIN: Right. So now you've got Parks and Rec saying what you can have for passive uses. And 1 can see a developer saying, well, they said we could have a football field if we're passive use, so let's put that football field in a conservation area. MS. F ABACHER: Your point's well taken. I think just trying to define it is just going to be -- getting all those people to agree is -- CHAIRMAN STRAIN: Well, I'm not sure you need them to agree. 1 think you need them to present their arguments in a format to us and let us make a recommendation -- COMMISSIONER ADELSTEIN: You got it. CHAIRMAN STRAIN: -- to the board for LDC language, 1 don't care if they agree or not. MS. F ABACHER: Would you like to direct us to do that the next cycle? CHAIRMAN STRAIN: 1 think if this board could do such a thing, it would be a good idea. Are you all in agreement with that? COMMISSIONER KOLFLAT: Yeah. COMMISSIONER MIDNEY: Hash it out. CHAIRMAN STRAIN: So next cycle let's try to see something resolved in this issue. MS, F ABACHER: Okay. Now, is that going to be passive recreation, passive uses, passive parks? What form? CHAIRMAN STRAIN: Well, you've got a use here that now is apparently undefined. MS. F ABACHER: That's passive parks. CHAIRMAN STRAIN: You've got two. And other passive recreational uses. So 1 think we need a definition for what passive -- what are passive parks and other passive recreational uses, so that when we have this language in PUDs coming through and it's a standard language, that from here on forward everybody knows what that language means and what they can do with it so we don't have someone coming in trying to push the envelope like they constantly do. And we've got some people that want to discuss it. Ms. Caron was first and we'll work our way down. COMMISSIONER CARON: Actually, 1 was just going to ask, Conservation Collier is not listed up here in your list at the top of Page 110, So Conservation Collier lands aren't-- MS. F ABACHER: Perhaps it's included under passive parks. COMMISSIONER CARON: And Barefoot Beach Preserve is not there either. Just found that strange. CHAIRMAN STRAIN: Mr. Kolflat, you had a question? COMMISSIONER KOLFLAT: Yeah -- well, not a question, but 1 think your idea to try to get a definition is good. But I would say ifthey're unable to come up with a definition, I think it would be better just to leave all four of these items out, because each of them is just a door that can be jarred open a little bit more. In other words, if you say biking, you can say that might include motor biking. Equestrian pads, you might be close to a short racetrack. Page 88 lu~uJt 8, ~O~ 77 Whereas if it was just left as passive, if they can't come up with a definition, then it would enable us to have the opportunity to determine whether it's acceptable or not on the basis of being passive. COMMISSIONER MURRAY: I don't think you can leave it out. CHAIRMAN STRAIN: Unfortunately, Mr. Kolflat, what's occurred, there's a lot of areas already zoned with this type of zoning and they're using this language already. I'm not sure we can leave it out but maybe try to refine it so that it's defined, That might be the better protection, 1 think if we leave it out we may be encountering problems with areas that it's already a use end in some manner or form. 1 don't know, I'm just trying to think of the best solution. Because it does say, passive parks and other passive recreational uses including but not limited to. And then it says open space and recreational uses. Well, now you're back into a recreational use in that category could be anything. I'm just -- COMMISSIONER MIDNEY: Four-wheelers. CHAIRMAN STRAIN: Well, yeah, that would be even worse. I'm just wondering what the best -- Mr. Murray, did you have a-- COMMISSIONER MURRAY: Well, I was just going to say, it's too late with the eat's out of the -- whatever. We have a number of PUDs, I remember, where we have it cited. So we're going to have to do something about that. 1 had a question, though. Are greenways -- 1 think that's what they called them, greenways, are they considered for passive recreation, or is that active recreation? Do we know. MS. F ABACHER: In the county? The county has greenways? CHAIRMAN STRAIN: They're developing them along main roadways. There's a process going on with the pathways committee 1 think -- MS, F ABACHER: Okay, I see. CHAIRMAN STRAIN: -- that's putting those in. MS. FABACHER: Putting them in. COMMISSIONER MURRAY: And so if they're -- MS. F ABACHER: It would be almost like a, I would think, like a buffer or any other use. I mean, you could ride your bike through it, probably. COMMISSIONER MURRAY: Let me help you a little bit, ifI can. As I remember it when it was being portrayed for us, one of the illustrations that was given was to run through areas, right through commercially where you cross the street and go through alleys. They were talking about old railroad rights-of-way in that particular case. In other cases it would actually go around and perhaps in some cases through communities. And the big question there was how do you get into gated communities, et cetera. But nevertheless, what they talked about was the use of roller skating, walking, and I guess any number of activities, that cars would be parked at certain locations and you would go about your business. That's got to be I think in some respects passive recreation. MS. F ABACHER: I think you're thinking in term -- but that's in terms maybe of alternative modes of transportation, alternative transportation modes that regulate that. COMMISSIONER MURRAY: What I'm trying to get across to you by giving you the background is so that you might take that into consideration when you're looking at this -- MS. F ABACHER: Okay. COMMISSIONER MURRAY: -- for whether or not that qualifies. MS. F ABACHER: Wouldn't that be easements? Would that be easements, dedicated easements? COMMISSIONER MURRAY: The functionality is what I was addressing, not the means by which they got there. Page 89 16~ 183 August 8, 2007 CHAIRMAN STRAIN: Mr. Kolflat's recommendation, though, this IS language, if I'm not mistaken, that already exists on our code for these areas, right? MS. F ABACHER: Correct. CHAIRMAN STRAIN: So we're not changing anything by adding it, we're simp1y-- MS. F ABACHER: No, it's in existence now, CHAIRMAN STRAIN: It's in existence now. So the goal here was not to take stuff away -- MS. F ABACHER: Not to make any substantive changes, just bring it up to current code citations. CHAIRMAN STRAIN: Okay. Well, 1 think we ought to leave it with a -- seeking a definition for passive to clarify it further in the future. MS. F ABACHER: Next cycle. CHAIRMAN STRAIN: Is that okay with everyone? COMMISSIONER MURRAY: Fine by me. COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: And the last section we have to go through to the end of the book will be Page 113. And Catherine, I've got a question on the second to the last paragraph. Wouldn't you know it. After 113 pages. (iii), commercial uses accessory to permitted uses (B)(1 )(a), then it's got 3, 4 and 7. Above such as retail uses of produce accessory to farming. So what this says is that you can have in a con. district, you're allowed to have agricultural use by right, and now what we're saying, you can even have a commercial use such as retail sales. Was that always in the code? Because 1 noticed the green lettering seems to have been added. Is that -- MS. FABACHER: Well, the green lettering was because the reference changed from the old code to this new code because we relettered. CHAIRMAN STRAIN: Okay. MS. F ABACHER: That's what the change was, the reference change. But yes, that was always there. COMMISSIONER MURRAY: Weren't they farm stands, like a farm stand? CHAIRMAN STRAIN: Yeah, 1 was just surprised in the con, district that we would have that. Okay, are there any other questions of the pink book? COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: We really haven't voted on whether we replace the tables with this. 1 mean, the intent here is to replace the tables. There is some advantages to the tables. One is if you want to look and see where a use is allowed, the table is easier. This is easier if you want to see what's allowed in a use, So the point is, do we have both? Do we eliminate the table and accept this as a replacement? Or do we keep the table? CHAIRMAN STRAIN: Catherine, was this intended to rep1ace-- MS. FABACHER: Yes, sir. CHAIRMAN STRAIN: -- the table or-- MS. F ABACHER: Yes, sir, yes, sir, to replace the table. CHAIRMAN STRAIN: Replace it completely. MS. F ABACHER: Now, we could keep the tables as kind of a pocket guide or something like that and distribute it at the front counter like we do with other kind of abbreviated lists for people's convenience. But as it stands now, you can't look it up on-line. Page 90 161 183 August 8, 2007 COMMISSIONER SCHIFFER: That's why I couldn't -- MS. F ABACHER: And then we would have to update the permitted -- all those footnotes to try to match this, which -- and, you know, they had restrictions and so forth. A lot of things were lost in the tables, so -- CHAIRMAN STRAIN: Brad, your point is that if someone wanted to know a use like a meeting space or office space, they could go to the table, look on the left-hand side, look at offices and see all the sections -- COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: Okay, but at the same time they could go on-line, type in search, office, and get the same hit. So in a way the on-line version is simplified by doing this, but it still divides the benefit you seem to be looking for from the tables. COMMISSIONER SCHIFFER: Well, I'm just pointing that out. I'm not a big fan of it. And it is because the tables don't work on-line is why 1 couldn't find what 1 was looking for at that time. The -- but 1 think obviously you reviewed it with everybody in staff who was active to do this. I mean, the intent -- this was a major upgrade in the code to bring it forth into the new millennium. MS. F ABACHER: Are you talking about the tables? COMMISSIONER SCHIFFER: The table method. I mean -- MS. F ABACHER: 1 think if they had stuck with tables that were smaller and tried not to be so all-encompassing, it might have worked. But at this point the scale is too large of the tables to adequately address the intent of the code. CHAIRMAN STRAIN: 1 think with the on-line ability to search, you still got the benefit you're looking for. COMMISSIONER SCHIFFER: Then the next thing we do is if we put the setbacks back into these chapters and leave out the old code again. MS. F ABACHER: I don't see a problem with the way the setbacks are listed, the dimensional standards in the table. 1 don't see a problem with that. COMMISSIONER SCHIFFER: Okay. Just devil's advocate. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I did find that site 1 wanted to talk to you about. If you go to Page 15, and this happens to be in -- under residential zoning. Under the conditional uses, A, noncommercial boat-launching facilities and multiple dock facilities subject to the applicable review criteria set forth in the Manatee Protection Plan. All right, that's -- then you go to Page 17, and this is under residential, multi-family, again under G, conditional uses, noncommercial boat-launching facilities. But it doesn't say multi-docking facilities. And I don't know whether that should be in there or it's not supposed to be in there. MS. FABACHER: I could make a case that where you have multi-family, they don't want docks, they just want the boat launch. Where you have a private single-family residence, you're allowed to have a dock. But I can tell you that if you want to clarifY it, perhaps we could do that next cycle, because it's verbatim from the old code. COMMISSIONER CARON: Okay, that's fine. I just -- MS. F ABACHER: But thank you for pointing that out for sure. COMMISSIONER CARON: It's throughout here. It is in that one and then it's only noncommercial boat-launching facilities that seem to be regulated anywhere else. CHAIRMAN STRAIN: Maybe under the first one you cited, which is your single-family districts, you only expected to have a single dock. A noncommercia11aunching facility or a multiple dock -- that's Page 91 161 lK~ ~_l August 8, 2007 why if you want to go beyond that single dock, then you'd have to have a conditional use for the multiple. Whereas under the multi-family, you would more likely expect to have a multiple dock. Maybe that's why they're only listing-- COMMISSIONER CARON: But it's not here at all. So 1 would read this that they don't get them at all. CHAIRMAN STRAIN: Under two it is. Accessory uses, private docks and boathouses. COMMISSIONER CARON: No, private docks and boathouses, which is different from a multi-docking facility. MS. FABACHER: Well, I'll certainly get John on this, COMMISSIONER CARON: It's two different things. CHAIRMAN STRAIN: Okay. Is there a recommendation with the changes we discussed to approve LDC Section 2.04.03, the table ofland uses in the zoning district? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Is there a second? COMMISSIONER CARON: Second. CHAIRMAN STRAIN: Second by Commissioner Caron. Motion made by Commissioner Adelstein. All those in favor, signifY by saying aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER MURRAY: Aye, CHAIRMAN STRAIN: Motion carries 7-0. Catherine, that gets us through everything that was on today's agenda with the exception of a few things that have been continued or will be continued, and the generators. MS. F ABACHER: And the outdoor seating. CHAIRMAN STRAIN: Outdoor seating. And 1 want to say thank you, especially thank you to all the staff that you've worked with, because this has been the most well thought out and put together LDC cycle amendments I've seen in the years I've been on this board. And you did a really good job. MS. F ABACHER: Well, thank you. l'l1 go pass that on. We very much appreciate that. CHAIRMAN STRAIN: Everybody worked real hard to get this through and it looks good. MS. FABACHER: I'm amazed you -- 1 mean, I thank you for reviewing that pink book. We've been working on that since January. CHAIRMAN STRAIN: It's a good idea. Next week on the 16th we have a variance for the Kurt Lutgert residence that was extended from last time, and we have a multi-family rezone in an Estates district known as E1jack. I'm not sure where that's -- that's south of Santa Barbara, Davis and something like that. And we have -- COMMISSIONER MURRAY: Cocohatchee. CHAIRMAN STRAIN: -- the Cocohatchee issue on the Burt Harris, which our role on that is going to be limited to whatever the county attorney's memo comes out to. Now, those three things for next Thursday. We need to figure out --I'd like to see us continue this meeting to try to finish these amendments next Thursday so we could knock it all out in one day. 1 don't Page 92 161 18' August 8, 2007 think the first two should be that involved. I would imagine there's going to be some people for the second one, if it's in an existing neighborhood, that are going to be there to speak. But ifthat's in the area I think it is, then it's -- MS. FABACHER: Talking about the outdoor seating? CHAIRMAN STRAIN: No, I'm talking about our regularly scheduled hearings next week. MS. FABACHER: Oh, I'm sorry. You weren't talking about the LDC, you were talking about the petitions. Sorry. CHAIRMAN STRAIN: But 1 think we could have it be -- maybe Margie, we've got to do a time certain for a continuance? MS. STUDENT-STIRLING: No, we continue it just to that day, unless you want to do a time certain. MS. F ABACHER: I'd like to have that for some of my speakers. CHAIRMAN STRAIN: Margie, we're going to have to close the first hearing and reopen a new one on this one. MS. STUDENT-STIRLING: Yes, CHAIRMAN STRAIN: Do we have to state a time that we're going to reopen this one? MS. STUDENT-STIRLING: Yeah. With it being like that, I think you would. It's safer to do it that way. CHAIRMAN STRAIN: Okay. So if we pick a time, can we run late? Or we can't run early, is that the way it works? MS. STUDENT-STIRLING: Well, 1 think if you pick a time and you get to it and you see that you still have items left over from the morning, again, the most conservative thing is to say we'll continue it an hour, maybe, or something like that. CHAIRMAN STRAIN: How does the commission feel about setting a time right after lunch next Thursday? 1 think the three items we have will easily take us through the morning. And then we'll set a 1 :00 time for this. Does that work for everybody? COMMISSIONER MURRAY: My only limitation would be that Mike Davis's reception is on that date at 5:00 or 5:30. So hopefully we won't go that long. CHAIRMAN STRAIN: Well, but I mean, even if we do, so what? We've got to be here. Ifthis is our assigned job, we need to be here. COMMISSIONER MURRAY: Well, it's our assigned job if we agree that we have to be here all those many hours, I mean, I give everything 1 can, but 1 do have other things I'd like to do. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: You'll make it happen, Mark, we trust you. CHAIRMAN STRAIN: We'll do it. Okay. So is there a motion to continue this hearing unti11 :00 on the 16th? COMMISSIONER SCHIFFER: So moved. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made, motion seconded by Commissioner Adelstein. All those in favor, signiry by saying aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. Page 93 ., I \ J,.CI August 8, 2007 18'1 COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Motion carries, and we'll continue this meeting until then. Thank you all. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:40 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 94 161 18 ~ August 2, 2007 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida August 2, 2007 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Lindy Adelstein Donna Reed Caron Tor Kolflat (Absent) Paul Midney Robert Murray Brad Schiffer Russell Tuff Robert Vigliotti ALSO PRESENT: Ray Bellows, Zoning & Land Dev. Review Joseph Schmitt, CDES Administrator Marjorie Student-Stirling, Assistant County Attorney Page 1 16i IB~ August 2, 2007 CHAIRMAN STRAIN: Thank you, Ray. Good morning. Welcome to the August 2nd meeting of the Collier County Planning Commission. If you'll please rise to swear allegiance to the flag. (Pledge of Allegiance was recited in unison.) Item #2 ROLL CALL BY THE CLERK CHAIRMAN STRAIN: Okay, roll call by our secretary. COMMISSIONER CARON: Mr. Kolflat is absent. Mr. Schiffer? COMMISSIONER SCHIFFER: Present. COMMISSIONER CARON: Mr. Midney? COMMISSIONER MIDNEY: Present. COMMISSIONER CARON: Ms. Caron is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein? COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray? COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Present. COMMISSIONER CARON: And Mr. Tuff? COMMISSIONER TUFF: Here. CHAIRMAN STRAIN: Thank you. Item #3 ADDENDA TO THE AGENDA Addenda to the agenda. It's my understanding, and I need a staff member to confirm this, that Petition V A-2007-AR-11703 is being continued and at the staffs request, is that -- is that it, Melissa? MS. ZONE: Correct. Melissa Zone, principal planner with the zoning department. Staff requests to have petition -- the AR-II03, Connor's Vanderbilt Beach Estates variance to August 16th. CHAIRMAN STRAIN: Okay. Thank you. Is there a motion to recommend? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Mr. Adelstein. Seconded by? COMMISSIONER CARON: Second. CHAIRMAN STRAIN: Commissioner Caron. Discussion? (No response.) CHAIRMAN STRAIN: All in favor? Page 2 161 IB~ August 2, 2007 COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) Item #4 PLANNING COMMISSION ABSENCES CHAIRMAN STRAIN: Okay, for those of you in the audience, the first petition, Kurt Lutgert variance is being continued to the 16th. Planning commission absences. The next meeting is the 16th. Does anybody plan on not being here? (No response.) Item #5 APPROVAL OF MINUTES - JUNE 21, 2007, REGULAR MEETING CHAIRMAN STRAIN: Approval of minutes from June 21st, our regular meeting. Is there a motion to approve? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, seconded by Commissioner Vigliotti. All those in favor, signifY by saying aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Item #6 Page 3 16, lld? August 2, 2007 BCC REPORT - RECAPS - June 26-27, 2007, REGULAR MEETING CHAIRMAN STRAIN: Ray, your BCC report? MR. BELLOWS: Yes, the board approved the Lorenzo Walker school board height variance. That was approved 5-0. The conditional use for the Oliva mulching was denied by the Board of Zoning Appeals by a 5-0 vote. The PUD amendment for Harvest For Humanity was approved 5-0. And the conditional use for the Seventh Day Adventist Church was approved on the smnmary agenda. CHAIRMAN STRAIN: Thank you. That Oliva mulching, that had an ongoing questionable operation out there right now, and everybody was kind of holding off prosecuting or moving forward until it got resolved. Now that it's resolved, is someone going to put a stop to it? MR. BELLOWS: Oh, definitely. Code enforcement is -- CHAIRMAN STRAIN: Will you let us know at our next meeting the results of that? MR. BELLOWS: I'll put it on here -- CHAIRMAN STRAIN: The citizens ofthat neighborhood were pretty much put out by it, and I certainly would like to see it resolved. It's taken a long time. Thank you, sir. Ms. Caron? COMMISSIONER CARON: Just under planning commission absences, we also have a meeting on the 8th, the LDC hearing. CHAIRMAN STRAIN: Oh, I'm sorry, you're right. Thank you. Anybody not planning to be here on the 8th? Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I'll probably not be here on the 8th. Is that a 5:00 meeting? CHAIRMAN STRAIN: No, that's an 8:30 meeting. COMMISSIONER VIGLIOTTI: I will not make it. CHAIRMAN STRAIN: Okay, anybody else? (No response.) CHAIRMAN STRAIN: Thank you for reminding me. Item #7 CHAIRMAN'S REPORT Chairman's report. As you know, last meeting we talked about the Burt Harris case that was remanded back to us by the BCC. Now, I did meet with staff and I looked over the package size and the -- what they considered for the package. And we all thought that the best thing to do would be to write everything in detail. So the packages you've gotten today or will be getting have minutes and quite a bit of background in them. Ray, is there any more coming on that, or is that everything? MR. BELLOWS: No, there's a memorandum I believe from the county attorney's office coming in. You'll have the rest of the packets delivered when John-David gets here. CHAIRMAN STRAIN: Okay. And the other thing we talked about, and Ms. Student was at the meeting when staff and I talked. I suggested and they concurred that the good thing to do would be to put together a legal memo from their office, focusing us as early now as possible on what we're supposed to be looking at. Because we didn't get this sent back to us to reinvent the wheel and go over issues that we can't get really get into. Some are done issues. We may not like that, we may not agree with it, but our meeting isn't to go to those issues, our Page 4 161 18? August 2, 2007 meeting's going to be to go to specifically what the BCC wanted us to look at. And the county attorney's office, and Ms. Student, you can chime in here in a second, is going to be writing us a memo, I hope soon, so that when we start our reading we focus on the right thing. MS. STUDENT-STIRLING: For the record, Marjorie Student-Stirling, Assistant County Attorney. It will be soon. I've attempted to see from the clerk's office where they are. I want to make sure I have the actual vote of the board with exactly what the motion was. And I'll be getting a DVD for that and you should have something -- I also want to coordinate with Mr. Pettit, and he's on vacation this week, but I anticipate having something for you and sending it out bye-mail Monday. CHAIRMAN STRAIN: Okay. Some of us don't get e-mail, so maybe you could hard copy in the regular mail an additional copy as well. MS. STUDENT-STIRLING: I will attempt to e-mail whomever I can, and who we can't, get a fax number, because I want to make sure you have it quickly. I don't know how quickly the regular mail will get to you. So I want to make sure that you have it quickly. CHAIRMAN STRAIN: Good point. Mr. Tuff, then Mr. Adelstein. COMMISSIONER TUFF: Yeah, I'm on my second meeting without this computer working, so I thought it might get fixed and it didn't, so I'll just bring it out so someone can -- CHAIRMAN STRAIN: They brought it up and I asked them not to fix it. So maybe Kady, I'm sure she's watching, if she knows somebody in IT that could come in and give you a hand. You're right, you were out last meeting as well. Okay, Mr. Adelstein? COMMISSIONER ADELSTEIN: Did everyone get this Thomas Reed packet? CHAIRMAN STRAIN: I did not. COMMISSIONER MURRAY: What is it? May I see it? COMMISSIONER ADELSTEIN: Yes, it's the legal background ground of this case. CHAIRMAN STRAIN: We haven't even got a case we're talking about. We're still on chairman's report. What is it that -- COMMISSIONER ADELSTEIN: This is the situation that they sent us the cases and the background it, the legal background. CHAIRMAN STRAIN: It's the Burt Harris-- COMMISSIONER ADELSTEIN: Right. CHAIRMAN STRAIN: -- claim? COMMISSIONER ADELSTEIN: Background. If you haven't got it -- CHAIRMAN STRAIN: Well, wait a minute, wait a minute, let's just -- it's dated February 14th, 2005. It's a legal opinion concerning Burt Harris claims to the Collier County's rural fringe amendments of the Collier County comprehensive land use plan. COMMISSIONER ADELSTEIN: Right. CHAIRMAN STRAIN: What case are you thinking this has got anything to -- where it involves? It doesn't involve -- which one? COMMISSIONER ADELSTEIN: It gives you the background of what the Harris cases are. It's a matter of just finding out how it works. And if you have it, fme. If you don't want it, that's also fine. But no, it's not a particular case structure on the case. It just tells you some rules about Burt Harris. When it's Burt Harris and what you can't do. CHAIRMAN STRAIN: Ms. Student, are we here to decide on whether or not this is a Burt Harris issue, or are we here to decide on the outcome of that already being resolved? Page 5 16 lId, August 2, 2007 MS. STUDENT -STIRLING: We would be here for that particular item, to look at performance standards which we believe has to do with the separation between buildings. And it may be helpful for some people to understand Burt Harris, because it's going to be going to court, you know, if it's not settled. And also, the abeyance would be lifted off the cert case, which I responded to a long time ago, and it's being held in abeyance if it were not to settle. So from that standpoint, if anybody wanted to read it -- I do believe this involves lands out in the fringe area where there were several Burt Harris cases filed because they alleged that the compo plan amendments and LDC amendments inordinately burden the property, so -- CHAIRMAN STRAIN: Well, what I would like then is Mr. Adelstein, can you get a copy of that to Ms. Student? COMMISSIONER ADELSTEIN: Of course. I can get a copy for you. CHAIRMAN STRAIN: No, no, I think I'd rather-- COMMISSIONER ADELSTEIN: Not just you, but u CHAIRMAN STRAIN: No, but I think any copies ought to go through the county attorney's office if they deem it relevant to the issue. COMMISSIONER ADELSTEIN: Okay. MS. STUDENT-STIRLING: Yeah, if you could either e-mail that to me or give me a copy after the meeting. COMMISSIONER ADELSTEIN: You can't lose anything by reading it. You can win something by understanding it. CHAIRMAN STRAIN: Right. Mr. Schmitt? MR. SCHMITT: Good morning. Just for the record, I want to make sure and understand that this has nothing to do other than background describing the Burt Harris. It has nothing to do with the case that you're going to be presenting -- COMMISSIONER ADELSTEIN: Absolutely. I realize that. MR. SCHMITT: -- to know what Burt Harris was. And I'm going to point to the county attorney, you're not here to debate the merits of whether we settle or not. That is already in motion. What you're going to look at are the u what's in the settlement agreement and whether you're going to render an opinion to the -- or render a recommendation to the Board of County Commissioners as to whether what's being proffered in that settlement agreement is in compliance with the Land Development Code and the Growth Management Plan. That's -- and correct me ifl'm wrong, Marjorie. We're not here to debate whether the county should or should not settle -- MS. STUDENT-STIRLING: No. MR. SCHMITT: -- or should or should not proceed. That's already in motion. MS. STUDENT-STIRLING: Right. MR. SCHMITT: What you're going to be presented is nothing more than the facts or the settlement agreement and to advise the Board of County Conmlissioners whether what's in the settlement agreement conforms with the standards in the PUD or as the Burt Harris law allows, be modified in the settlement agreement. And those modifications, are they -- MS. STUDENT -STIRLING: Well, I think good planning -- MR. SCHMITT: -- in compliance with the Land Development Code? MS. STUDENT-STIRLING: They make good planning-- CHAIRMAN STRAIN: You guys can't talk at the same time. Cherie' has a hard time typing both of you. Page 6 1611ii,3 August 2;~Otl7 MR. SCHMITT: Well, that's hopefully what the county attorney's guidance will be when you get the county attorney's letter. And that item will be presented. It will not be the petitioner, it will be the county presenting, and it will be presented by the county attorney's office to walk you through that settlement agreement. So this will not be like a petitioner coming in. In fact, the petitioner doesn't even have to be here. But we would hope that representatives of the petitioner are here to answer any questions you may have regarding development standards or those type of things, so we can kind of keep this thing in the box. CHAIRMAN STRAIN: Well, Mr. Adelstein's production of this document is exactly then what I was trying to explain to everybody. If it is relevant to what we are going to be needing to know for that meeting, then by all means get it to us. Ifit is not, it just becomes an example of where we don't need to go. So one way or the other, tell us and then we can understand it better. MR. SCHMITT: Okay. MS. STUDENT-STIRLING: Will do. Item #8B PETITION: CU-2004-AR-6904 CHAIRMAN STRAIN: With that, we will move on to the advertised public hearings. First one being Petition CU-2004-AR-6904, the Mining Venture LLC, also known as I believe the Jones Mining bid on Inunokalee Road. All those wishing to speak on behalf of this item, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Are there disclosures on parts of the planning commission? (No response.) CHAIRMAN STRAIN: I have met with one of the neighboring residents, Mr. David Purdie. I've been to his house, I looked at some situations there. I've met with the applicant and the applicant's attorney, Mr. Bruce Anderson, Mr. Don Barber. Both those conversations with those gentlemen and the citizen involved, mostly neighborhood concerns, the velocity of the sound and potential damages or if there's damages to homes and things like that. So we'll hear more about it as we go forward. And with that we'll continue. Mr. Anderson, it's yours. MR. ANDERSON: Good morning, Mr. Chairman, Commissioners. My name is Bruce Anderson from the law firm of Roetzel and Andress, on behalf of the applicant. I want to spruce introduce a few people that you may be hearing from later. First of all, Mr. Don Barber, representing the trust that owns the property. Mr. Bruce Tyson, a planner with WilsonMiller who will be testifying to you. Damon Jones, from Jones Mining. And Jeff Straw, the president of Geosonics, Inc., who is an acoustical vibration expert. If you felt a sense of deja vu when you read the staff report in our application, that's very understandable. This is the -- this very same application for a smaller area already being mined came before you and was recommended for approval on June I, 2006. It was subsequently approved by the county commission. At that time we told you and the Board of County Commissioners that we would be bringing back an application for Phase 2 to expand the mine area. Today's hearing is on Phase 2. This application is for the same approvals that have previously been granted, it's just for a larger area. Page 7 16\ '" . .i.. 3 August 2, 2007 For the record, I need to restate what most of us already know, that the county is in a road building crisis and needing to obtain aggregate for road building. When the rural fringe plan was adopted five years ago this summer, the only areas where mining was allowed was receiving lands. And this property is designated as receiving land. And this is one of the few areas in the county left where mining is allowed and where there is actually something to mine. The property is one of only two receiving areas where it is confirmed that suitable mining material in the form of aggregate exists. I am advised by the mine operator that the material here consists of both fill and aggregate suitable for road building. But in order to get the aggregate, a blasting permit is needed. My client and the county have received some complaints that allege that blasting has caused damage. I want to address that issue upfront. Fist of all, as one of our witnesses will tell you and show you, Mr. Jeff Straw, all, all of the blasting at this mine has heen well below state limits and the county's limits, which are even lower than the state's. Every time a blast occurs the county has an inspector on-site to measure and monitor the blast. Prior to the commencement of blasting, pre-inspection surveys were offered by mail to all homeowners within 3,766 feet ofthe property boundaries. The client conducted 85 pre-blast surveys, which were verified by photos. Copies of the pre-blast surveys were provided to the homeowner and to the county. And in response to blasting damage complaints, my client has conducted post-blast inspections and provided those reports to homeowner -- to the homeowner in the county. The Florida statutes set forth an exclusive remedy for people seeking monetary compensation for damage that's alleged to be caused by blasting. All who have notified my client that they think blasting has damaged their home have been given notice by my client of that right and the reference to the statute and where they have to go to register the complaint. It's my understanding that there is no charge by the state to file such a complaint. Nonetheless, concerns have been expressed that there needs to be a local procedure to handle allegations of blasting damages, in addition to the remedies provided by state statute. Well, in fact and in law there is already a local procedure in place. The procedure is set forth in the county's Explosive Regulations Ordinance, adopted in 2004. It's in the County Code of Laws and Ordinances in Section 55. It provides that the county manager can revoke or suspend a blasting permit. The county manager determines that blasting has caused actual, personal or real property damage to another person, and that suspension or revocation of the blasting pernlit is necessary to investigate and/or to remedy the blasting activities that resulted in the damage. In order to assist homeowners and the county in using this damage complaint process, my client proposes that an engineer be mutually selected by the county and the mine operator to investigate and report back to all parties, the county, the homeowner and the mine operator, on blasting damage allegations. The mine operator would pay for the services of the engineer. If the damage is caused by blasting, the mine operator would face a choice of either repair the damage or face revocation of their blasting permit. Nothing would permit the homeowner from seeking money damages under the state statute instead of or in addition to a repair. And perhaps instead of one engineer, maybe there should be two or three or four selected by the county and the mine operator and used on a rotating basis. In addition to that significant step, my client has taken or is requesting permission to take the following actions in regard to its mining operations to address blasting damage concerns: Number one, they have set up, in conjunction with the prestigious Northwestern University, to equip a home abutting the mine boundaries with vibration measuring equipment to monitor the effects of each blast. And that's more Page 8 3 161 18 August 2, 2007 specifically described on Page 4 of your staff report. Mr. Straw will elaborate on this in his testimony. In connection with the Northwestern effort, the mine operators, Mr. Straw's firm and Northwestern University are setting up a web site where people can monitor blasting activities and download a complaint form. The website is JonesMining.com, and there you will have links to send e-mail addresses, and there will be phone numbers where you can register complaints locally. Third, one person has now been designated as the contact person, the point person for any homeowner who feels they have suffered damage from a blast. His name is Damon Jones of Jones Mining, the operator of the mining operations. His contact info., the e-mail will be found on the website. And his direct phone number is 304-1506. Lastly, my client is requesting an opportunity to do smaller blasts, but to do these smaller blasts more often than is currently allowed by the conditional use stipulations. Currently it's limited to eight times per month. The mine operator would like to increase that to 18. And again, Mr. Straw will testifY what the intended effects of that change are. Lastly, I want to address myself to a last-minute recommendation in the staff report that calls for the establishment of a conditional use revocation procedure and standards for this conditional use. It is unfair and in my view it's a violation of equal protection laws to single out and place a very vaguely worded standard for revocation of this conditional use only and not have a revocation process for anyone else in the county. The concerns that have been expressed as potential grounds to revoke this conditional use are all related to allegations of blasting damages. And there is already a procedure in place to revoke the blasting permit if there has been damage. So there is no need to add another revocation procedure applicable only to this property owner. I'm going to ask Mr. Tyson to come up and walk you through the specifics of the site plan. I would ask you to hold your questions to the end of each presenter. If you have questions for that presenter, ask them at that time, or you can call them back up. We'd like to try to keep things organized and present a __ make a concise presentation to you. CHAIRMAN STRAIN: Well, just because you're walking away doesn't mean we may not have questions of you then, Bruce. MR. ANDERSON: I haven't left, yet. Thank you. CHAIRMAN STRAIN: You're welcome. Mr. Midney, did you have a question? COMMISSIONER MIDNEY: Yeah, I guess it's more of a comment. You mentioned the lack or relative lack of road building aggregate on this petition, and I would just like to mention that our judgment has to be exclusively on the consistency of this with the LDC and that it does not adversely affect the public interest. That's our criteria for judgment, not whether or not there's a shortage of material. MR. ANDERSON: Well, if! might kindly respond, the public interest test that you mentioned is most relevant because the need for aggregate for the county to build roads has to do with the cost of building roads, and that's certainly a factor in the public interest. CHAIRMAN STRAIN: Thank you. Mr. Tyson? MR. TYSON: Good morning, Commissioners. My name is Bruce Tyson. I'm a land planner and a landscape architect with WilsonMiller here in Naples. And I'm here just to -- more than anything just try to get you to understand what the extent and the magnitude of this expansion is. If you will notice with the graphic that is in front of you, this project and the -- from the one that was up there before is on the east side of Inunokalee Road about 1.5 miles north of the County Fairgrounds in Orangetree. Page 9 16 IB ~ August 2, 2007 There's an adjacent mining operation that is to the north up here, which is the Big Island project. And I can go around this a little bit, which will help you just understand exactly what the zoning is. We have the Estates zoning to the east of the project and to the south as well. The actual project itself, as well as the properties to the north and to the west, are zoned agricultural with a mobile home overlay. This parcel itself is part of the rural fringe mixed use district. And it is a receiving district property. And the earth mining operation that is allowed within this district along -- it can be permitted as an approved conditional use. The access point to this mine is off of Inunokalee Road, down in the southwest corner of the property. As Bruce had indicated, the EAC, CCPC and BCC approved this initial conditional use for the mining project in 1999. And just one year ago, the CCPC and the Board of County Commissioners modified the conditional use to allow blasting and a deeper excavation in the processing of rock within the boundaries of the existing mine site, or what is shown here as Phase I. Today we are here to discuss the expansion of the mine and all of that expansion area land that has been a previous -- and all of that expansion area in Phase 2, all of that land has been previously cleared or disturbed. It is either right now being used as pasture or in agricultural just simply in open use. And the agricultural is mainly in sod farming. Just to give you a size comparison, as I indicated before, this is 2,576 acres, these four sections of land. And the project of Phase I comprises a total of 626 acres. Now, that includes 73 acres of accessory uses consisting of water management ditches, access roads, berms, the island in the center of the excavation area, and the office and any other appurtenances that are required for the mine. The actual mining area itself is 553 acres. Phase 2 adds a grand total of527 acres of mining area. So those are the particulars on the project. I would like to introduce Jeff Straw, and Jeffwill talk to you specifically about what is planned for the blasting program for Phase 2. Any questions? CHAIRMAN STRAIN: Thank you. No --1 mean, I know that we probably have a lot, but we might get some answered just by letting you all speak first, and then afterwards we'll collectively ask. Thank you. MR. STRAW: Mr. Chairman, good morning, members of the board. My name is Jeffrey Straw. I'm vice president and area manager of Geosonics. And Bruce, I appreciate the promotion, wherever he went, to president. I'll make sure I get a transcript and send it to my boss, I'm sure he'll really appreciate that. Weare vibration acoustic consultants, seismologists. I represent the firm that is actually doing the monitoring for the current round of blasting. And what we thought -- I'm sure there's going to be some questions about the blasting and what goes on and procedures and things, so we thought we'd cover most of that with you this morning and, you know, deal with that in direct presentation, and hopefully that will answer some questions. The -- this is again just an overview of the whole area. I'm going to talk a little bit about the seismographs, what's going on. Currently blasting is done for the excavation of, you know, the aggregate materials, the fill material. The rock is hard enough. The core boring show that in areas where, you know, the rock is hard enough, they do blast. Some areas where it's not, they haven't needed blasting, they can excavate. The original Phase 1 started with excavating using backhoes. That has been modified here as of the first of year. They're using a piece of dragline equipment in there now. It's a little bit different methodology, as far as that goes, but still the need to blast is consistent. Page 10 161 18 '3 August 2, 2007 A drill goes out, puts in a series of blast holes. Then there's an outside explosives character, licensed with the state, ATF, you know, all the way up and down through all of the requirements, to command actually do the loading. And then do (sic) the blasting itself is handled by an outside firm. Typically right now roughly Tuesdays and Thursdays, but understand, this is kind of a construction activity, so if a drill breaks down, we have a weather storm move in, there are some variations to that. Most of the blasting has been conducted in that area right now. CHAIRMAN STRAIN: Sir, unfortunately you've got to -- when you talk, you're going to have to be on one of the speakers or the hand-held. Thank you. MR. STRAW: Sorry about that. Along this area of Phase I, it's where the current round of blasting has gone on, progressing back this way a little bit. And roughly, as far as distances, roughly where you are, 6,500 feet from the houses to the north. About 2,300 to the east, 3,900 to the south. And each one of those -- those are rough distances, because they change as each blast pattern goes on. Everything is GPS. We have -- all of the seismographs have a GPS coordinate, so there's a distance calculated information on -- every shot is recorded for the State Fire Marshal's office who permits this, as well as the county. That information is also transmitted to the county inspector who's on site every day. Currently the requirement for the number of holes to be blasted is so you that you can blast eight times a month. And Bruce brought that up. And one of the requested changes -- and I will show you some hole counts as I get through my presentation in some graphs that I have -- will indicate that. Currently because of the eight times per month to blast they are required to shoot much bigger shots. Some of them are 200 holes, some of them are smaller. We're trying to get to a point where we can cut down on the number oflarger shots and actually reduce the off-site effects through the number of blast holes, as well as changing some of the pounds per delay that's used in these shots to actually have a little less off-site annoyance. So the proposal has been to shoot no more than 110 holes per blast. That comes out to about, with the 18 or so that we're looking at, they're looking at about 1,680 blast holes per month. Would be four times per week, no more than 18 per month. It would reduce overall in our opinion the velocity levels. And then there is there is a time constraint. No more than 24 seconds of what we call blast initiation that would occur during the month. What have we seen so far? And I guess as far as the information that we'd have to look as is to give you an idea of what we do for every blast that's out there. First of all, when they get ready to blast, they do notifY the county. The county does have an on-site inspector that is there for every blast. There is part of the county requirement to have three seismographs operating for every blast. There's one up here at the Gallegos game farm to the north. This is up in the area of Fallen Lane. There is one at the Garret residence, which is the closest location here to the east that we have. Which this also fulfills the requirements of the State Fire Marshal, because the State Fire Marshal has under their construction materials mining activity permit a requirement to have a minimum of one seismograph. So this __ the original agreement was to have three. The third one is down here at the Chaney residence, it's down on the south property line. In addition, late last year in response to one ofthe complaints that we got, we located an inslrun1ent really almost next door at the DiMurro -- it was the DiMurro residence at a that point in time. That has become our test house. And so we have two instruments down there. And I'l1 go into a little bit more detail about what the inslrun1ents are producing. One of the things that we do and look at every month is following each blast there is __ one of the things that we do is after every blast, all of these seismographs are remote operated. We get a phone call Page 11 16; IB} August 2, 2007 from the blasting contractor or the mine, says we've shot at, you know, whatever time it is. Our folks immediately then send a message to them. They all download. We provide the results via fax to the county. We provide fax to Jones Mining, as well as have the ability to e-mail those results. And what you have is, from the three instruments we have the results listed. We measure peak particle velocity, which is how fast ground shakes. That is what the State of Florida criteria as well as the county criteria requires. These are the blasts beginning in August of2006 up through July, the information we have here in July. These bars represent the maximum velocity that we've achieved. There are a number of standards, and I'll show you the overall standard in another graphic in just a second. And I do have copies of these charts for you, if you would wish to have individual copies. But the yellow bar is the most restrictive criteria ofthe State of Florida. It's half an inch per second. And you can see we're well under that. There are some criteria also that allow us for drywall to use a level of. 75. That's the upper part of the graph. The graph does all the way -- the limits actually go all the way to 2.0 inches per second, but we're using the most restrictive criteria as far as where are our guidelines. Now, this is the levels to the north. Basically the same graph, same plot, same limits. This is the -- these are the results for all of the blasts from the Garret residence, which is the instrument located on the east side. It is the closest of the instruments. So the velocity levels are typically a little bit higher as far as things go. And then this is the inslrun1ent to the south. This is the Cheney residence that's down on the south, just off the south property line. There's a canal right in there, and you can see there's a little bit of a reduction in level. Now, I also talked about limits and the limitations that the State of Florida allows us to use. The State of Florida uses criteria that they have adopted from the United States Bureau of Mines. There is a specific test report studying the effects on blasting on structures. They looked at the most fragile building materials, plaster on lathe and drywall. And they built tests houses, looked at test houses, blasted next to them from virtually nothing up to within a matter of a few hundred feet from the houses, till they actually damaged the structures. Then they mechanically shook the structures. They put mechanical shakers in the house in the roof structure to actually make the house move and use blasting time histories and just ran this thing over and over and over until they could get things to crack. And what they came up with was their safe levels of blasting criteria. And they are based on particle velocity, which is on the left side of the graph. And this goes from .1 to I to 10. And then they indicated that for plaster on lathe, when you have frequency -- and frequency is the repetitiveness of the wave -- that you need to be a little more cautious when you're dealing with low frequency vibration, and that you should be in the area of.5 if you have plaster on lathe, .75. But then I indicated that you go all the way up to two inches per second. And as the frequency moves higher, there is an allowable limit. The reason that's done is because the structure of the house is much more responsive to low frequency vibration. As you input a low frequency vibration, you get more sympathetic motion to the house. And so as far as the limitations that the state has adopted, they've adopted the whole chart. What we are looking at in those graphs that I just produced showed that we are on the lower end of all ofthe ground vibration. And so we -- in one of the additional reports the bureau indicated that there is no occurrence of damage below .5. So if you are basically on the lower side of this, which all of those levels that I just indicated are, there's zero potential for damage. I mean, there's no observation, no nothing as far as damage occurs. CHAIRMAN STRAIN: Before we leave that graph, would you mind if! interrupt you with a question? Page 12 161 IB3 August 2, 2007 MR. STRAW: No, go aI1ead. CHAIRMAN STRAIN: You preference this discussion by saying this graph was produced by mechanically shaking the house? MR. STRAW: As well as actual blasting operations. CHAIRMAN STRAIN: The damage or the -- so the assumed danlage that I saw that someone was trying to relate to me involved more of a settlement reaction from the house, which wouldn't be the same result as shaking the house, it would be more ofa liquification (sic) of the sands and soil foundations under the house that would cause it to settle differentially and create outside cracking. Did this testing address that specific kind of vibration or that technique? MR. STRAW: For this specific report, no. But other Bureau of Mines reports and other research has, yes. CHAIRMAN STRAIN: Do you have that with you today? MR. STRAW: I don't have it with me that shows that, but what I can do is relate to you that the research shows that you have to get very, very high levels of ground vibration. Which you'd have to be very close. You'd have to be on the order of three to five inches per second, which puts you up in this upper range, about where my pen is. A little bit up in there. Sorry about that. CHAIRMAN STRAIN: So your comparison of ground vibrations in your previous charts to this particular chart, that doesn't necessarily have any relationship to settlement damage as a result of liquification of soils around the foundation of the home. MR. STRAW: It does, because we look at that also. The three inches per second is still a velocity number. And you still have to have -- you have to have two criteria for liquefaction of and settlement to occur. One, excessively high vibrations, three inches per second and above. But you also have to have very loose soils. And as much as we have soils and sand and things out here, they're not any of the type that would lose cohesion, if you will, and begin to settle. We don't see that over here as far as sudden occurrence. I mean, this has been a year. You know, we indicated the pre-blast inspections that we've done, we've gone back and looked at some of them. And while there's been a crack perhaps changed or something like that or some defect that we haven't observed or something has changed a little bit, most of the things that we looked at in the inspections are exactly what we have seen before. They haven't changed. So there's not a long-term trend of anything that we've looked at out here saying there's settlement. CHAIRMAN STRAIN: Okay, thank you. COMMISSIONER MURRAY: Could I -- CHAIRMAN STRAIN: Yes, go ahead, Mr. Murray. COMMISSIONER MURRAY: -- go further on that? I think I heard you say most of the soils. Are you saying that the type of soil that -- you've done your borings and so forth all the way around the property, I presume. So does that give you a clearer picture that soil strata -- that the strata and the soils are of a type that are all hard, sufficiently hard and would not go to liquefaction? MR. STRAW: From what we've seen as far as the borings, you know, for the property and things, yes. As far as the house construction, there are reasonable standards that the county has, South Florida Building Code for requirements of materials and foundations. Looking at going through the pre-blast inspections, looking -- and being in the neighborhood, looking at how construction is done, how the material is put together and what is done, yes, in my opinion I think it's reasonably -- you know, reasonable for us to say the soils are competent enough for these houses. I mean, we're not seeing large amounts of soil settlement. And when I talk a little bit about what we've seen in the test house, we're not seeing, you know, what -- you know, any kind of settlement from Page 13 16: 18, August 2, 2007 blasting at all. COMMISSIONER MURRAY: And you're referring to the test house as being which house? MR. STRAW: It would be down near-- COMMISSIONER MURRAY: The lowest one, the south-- MR. STRAW: It's down on the south end, yes, sir. It's actually the DiMurro residence. COMMISSIONER MURRAY: Okay. I recall from the last presentation that there was a requirement that preceding any blast inspections were to be made of homes abutting or adjacent. MR. STRAW: That's the pre-blast inspection, yes, sir. COMMISSIONER MURRAY: And you've had no issues regarding that. Have you been able to introduce the testing materials or equipment into the homes to be able to do that? MR. STRAW: Well, the seismographs we're monitoring as far as the velocity levels. As far as the test house, we have a test house and yes, we are boring. Weare doing some work. Weare going to, as soon as the tenants move out, start coring some floors and floor slabs, because there are some cracks that we have some questions on as to how the -- the construction technique and things, and that will go down through the concrete slab and into the material right under the house. CHAIRMAN STRAIN: Maybe to get to Mr. Murray's question, you have done pre-blast surveys. Out of the questionnaires you sent out, I believe you've done over half the homes -- MR. STRAW: We've put-- CHAIRMAN STRAIN: -- responding positively? MR. STRAW: Eighty-five or so that have responded. I want to say we've had 160 notifications, off the top of my head, maybe more, and we've got 85 people that have called. If somebody still calls, you know, we're still doing inspections. We did one the end of June. So we're continuing to do that. COMMISSIONER MURRAY: And these inspections reveal certain data and these data are available? MR. STRAW: Yeah. COMMISSIONER MURRAY: They are used by you to determine -- and get a profile? MR. STRAW: Yes, yes. If there's -- if someone calls and says I have a crack in my house, I need to have you look at it, yes, we go back and look at it. COMMISSIONER MURRAY: And I assume that that will be part of the rest of your presentation that you're going to be referencing? MR. STRAW: Yes, we -- COMMISSIONER MURRAY: Thank you. MR. STRAW: -- you know, I can talk about those, absolutely. I guess the other information to present to you folks to show general compliances where are we (sic) on the other aspect that is called is air overpressure, which is the noise that is produced. Most of that is below our hearing threshold. It is exceptionally low frequency, but it does produce some vibration similar to thunder would do. And this is the level again from the instrument up on the north. We had one instrument that is -- that first couple of shots, probably the second shot that was a little higher in terms of air overpressure. And then this red line at the top is actually the limit for the state. It doesn't vary by frequency. It has a one number threshold. This is the instrumentation to the east. And I talked about the reduction, one of the reductions as far as shooting smaller shots. Some of the smaller shots have been achieved. This is the initial part. This is January, right about the center ofthe graph here. These are the later shots, using the newer dragline type of technology, which has reduced the air overpressure. And one of the things that we see has reduced that. And this is the instrument down near the Page 14 161 la? August 2, 2007 Chaneys, down at the south end. COMMISSIONER MURRAY: Can I ask a question? CHAIRMAN STRAIN: Mr. Murray, go right ahead. COMMISSIONER MURRAY: Just for clarification for purposes, at least for me, anyway. These spikes that we see, they're associated with time or are they associated with -- I know they're particles per second. So that's energy passing through rock. Do the spikes represent that they are matters of distance or distance and speed or just speed? MR. STRAW: A little bit of distance probably is involved, as well as the speed. Now, the one that I have on the screen right now is air overpressure, so it is measured in pounds per square inch. But for those, the reason for the variation is as we go through the different locations as they move, you know, north and -- kind of north and south in the pit and moving back to the west, there are distance changes that do affect that. The ones towards the earlier part of this year, the ones that show up on the right-hand side of the graph, have been related to some changes in the blasting procedures. Using the draglines, they're not reducing the water level as much, so the water level is a little higher up on the blast face. There's not an open face for the air blast to go out into. So it reduces that. We've seen a lot of that that has occurred over a period of time. COMMISSIONER MURRAY: And the preceding charts, does it also reference the type of rock, the hardness and the faults and so forth? Does that have anything to do with the spiking? MR. STRAW: There's not as much variation in the rock hardness. If it's an area that they don't have to blast, they're not going to, first of all. You know, that's just an added expense that they don't need. So if they're in an area where the rock can be mined without using blasting, they do that. The velocity itself is pretty independent of small cracks and fissures. Because all of that rock has cracks and fissures in it. And so the soil profile itself and some of the water is what passes a lot ofthat energy, the fact we're dealing with saturated soils, some fairly large massive rock. It's pretty __ fairly uniform. I mean, it does change a little bit from hole to hole, but it doesn't vary that much on it. A lot of it can be related to shot orientation. Also, is the shot aligned east and west or north and south. So there's some difference between the instruments. You know, if the shot is oriented north and south, the machine to the east may pick up a little bit more because you've got energy coming off the side of the shot. Depending on which end of the blast they initiate from, you know, let's say it's north to south, the south instrument may pick up a little bit more than the north does because the energy is directed away. So there's a number of variables that we look at. We still get to the bottom line of it still takes a certain amount of velocity to damage a house. And below that half an inch per second, you know, even though someone may feel it, the damage is, you know, not capable of happening. COMMISSIONER MURRAY: I hear you. Thank you. MR. STRAW: I guess to address the issue of the test house, in Jannary of2007, towards the end of 2006, we discussed with Jones the possibility of doing actual research on south Florida construction, southwest Florida construction, if you will. Testing has been done all over the United States, all over the world. The -- there's been some done in Broward County that we've worked with. And we talked with Northwestern University about whether they would be interested. Dr. Charles Dowding, one of the leading experts on ground vibration, effects on structures. And he has a program that they are doing through the federal government for some research grants to actually do vibration measurements, evaluations of structures. And so as of January, a test house was purchased. We looked at the DiMurro residence as one that really fit what we needed. It is a commercially built home, twenty-five -- 3,000 square foot, ballpark off the top of my head, sized house. Three bedroom, couple baths. Page 15 16 I 133 August 2, 2007 We did a pre-blast in the beginning. We've done a post-blast inspection while Mr. DiMurro was there. And currently we have instrumented the house. We have a full weather station sitting in the front yard which measures temperature, humidity, wind and velocity, so that we can relate that to actual movement of the cracks and look at what the effects are on the house. We and Northwestern have interior and outside crack monitors right now. What we are looking at is cracks opening and closing. And as you open and close a crack, it will affect the length of that crack. So that through crack motion, you can look and see how much these are moving. And we will have -- the website is being put up really as we speak. It will be referenced through, as Bruce said, JonesMining.com. The actual site will be JonesMining.info. Jones Mining Info. is the site. They are maintaining the site. And it's going to have live vibration data following the shots. After the blast the instruments will be downloaded and posted so that people will be able to go look at that. In addition right now it has all of our crack data on that and we're working with Northwestern to get their data also in the same, you know, format so that we can post it. But what it's showing is those cracks open and close with the temperature changes and the humidity swings every day. We have them right now, one on the outside, one on the inside of a garage wall. Northwestern has the same one as a backup to us, as well as they have one on the inside. And as soon as the tenant moves out, then we are going to go inside and begin a cataloging of cracks on a daily basis. You know, probably for a couple of weeks we'll look at this thing every day. We'll put crack monitors inside. We also have two seismographs on the outside of that house, monitoring every blast that goes on right now. And so all ofthat is there. And what we're seeing is nothing that -- you asked the question about settlement. There is nothing that shows us that the cracks are opening and continuing to open. The existing cracks are there. If you would have settlement, a crack that exists, and we have a couple of stair step cracks, we have a couple of vertical cracks below windows. We have one on the inside that Northwestern is monitoring over a garage door where you go into the house. It's in drywall. It's a pretty large gap, pretty large separation. And we are looking at that, and they're monitoring that every day. And we're not seeing anything that would show -- ifthere was soil sediment going on or anything like that that crack would continue to open and our graphs would show that they're just opening, opening, opening, opening, and they don't do that. They actually cycle. You see that the crack opens during the heat of the day and it closes back up at night. And that is happening every day. At the same time, the seismographs trigger the system to switch from looking at one minute increments, because the crack's not moving a lot. You know, we look at it, you know, every minute. We change it to thousandths of a second, milliseconds, and we actually look at what happens with dynamic motion as the crack goes through. And we're showing right now that the environmental swings are about four to five times the amount that occurs with ground vibration when it moves through. We're also looking and tracking back through the weather data to see what thunder and lightning does. And most likely when we get on the inside of that, we'll begin to see much more related to the structure of the house. The outside cracks don't appear to be affected a lot by the thunder and lightening and the storms that we have, but the inside of the house will begin to do that. And so as soon as the tenants that are there, the former owner has an agreement, as soon as his house is built in Brooksville, because he's moving, then we'll be in -- starting more on the inside. And all of this is available, you know, for the public to view and see what's going on. But it gives us a little more definitive information that says look, blasting is not causing cracking in housing. It supports the data that we have, it supports the levels that we have. Page 16 161 18? August 2, 2007 So that's really Phase I where we are. Northwestern is involved. Their instrumentation was put in, I want to say, the last week in May, first week in June. So we've really, you know, had about a month, two months of, you know, data to look at and go from there. We're not seeing anything adverse at this point in any way, shape or form to the house. And I guess the final thing is to address -- Bruce had said we do have some complaint -- there have been some complaint issues. And I took and made a plot just generally to show rougWy where the complaints are. And this graph may be a little tough to see the arrows. But the individual arrows, the first day of blasting we got four complaints. And this is based on the number of blast holes at this point. I do have one that I'll show you versus particle velocity. But the first day, because everybody was notified, you know, by mail when the first blast would occur, we got four complaints. We've sporadically had two complaints I think the second day. And then these yellow arrows in here, these two different days we got a complaint. We have a couple of complaints here. And then these are all a group of one. And then we had two complaints when we first went back into doing some blasting again after the first of the year. There was a little bit of a lag in here while there wasn't any blasting going on in that sense. If you plot those versus particle velocity, it really doesn't give us a whole lot of -- there's no correlation we can make, either with blast holes or with the number of -- with the particle velocity that we see, there's not really a correlation to that. In addition, and there's information that there's four additional complaints that we got from the county staff. But they don't have dates, so we don't have a way to track those on here. And there were 10 that were forwarded to the commissioners' office. And those we don't have dates, we don't have information. Some of them may have been logged as a request, just for information. And they were all logged and forwarded back. So those, we don't have any way to deal with them, other than, you know, if we have a name and a phone number, the people at Jones do call them. COMMISSIONER MURRAY: I have a question-- CHAIRMAN STRAIN: Let the gentleman finish first, Mr. Murray. Ask questions when he finishes up. MR. STRAW: And I think in -- you know, in really honestly in conclusion, I think we meet the standard criteria of Collier County. They're well under those standards. They're certainly well under the state standards. We're studying everything we can. We don't see anything out there that says there is an issue with the blasting. We understand people are going to feel it, but we certainly believe we're well within the guidelines. And the modifications to the program we hope will help quite a bit as we -- you know, most of our complaints were here in the initial part. We have changed a little bit in terms of some of the levels. And we think the complaints are generally reducing as we go forward. CHAIRMAN STRAIN: Thank you. Okay, Mr. Murray, you had a question? COMMISSIONER MURRAY: I did. I had just a clarification here again. The type of complaint, were they assertions of cracks, were they just noise complaints? What were they? MR. STRAW: Well, we've had everything. I mean, we've had, you know, somebody calls and says I don't like what you're doing, which is an annoyance complaint. You know, we look at the particle velocity. Everyone is contacted, you know, once they get the levels. Somebody from the operation has called them. Some people have said we have some damage, you know, we feel there's damage. We've gone back out, looked at those houses. I think we've done three or four of those. And in three out of the four cases, the things that were complained about were exactly the same things that we saw before, as I recall Page 17 16i 1 B3 August 2, 2007 from the review. One had a different crack that didn't show up, but it was something that we don't believe is related, you know, in any way, shape or form to the blasting. It's not anything that looks like it's related at ajoint or somewhere where house wracking movement or something would cause a crack. So -- and then the ones from the county, to be honest with you, those 14 listings, we don't know. It's one where the county staff may have gone out with a seismograph and set up there, but we don't have those results for. The ones from the county commission are the ones that we really have the least information on. It just has a name, a phone number and an e-mail. And that's kind of the gist of those. And most of those weren't transmitted to Jones at any reasonable time. We've gotten those for part of this information; going back and looking through the records where we discovered those things. COMMISSIONER MURRAY: You would, though, nevertheless at some point try to find out what those complaints were. MR. STRAW: We have with some of them. Some of them we have called. One was I believe an attorney that worked with one of the homeowners associations out there. And he doesn't remember that it was related to blasting that he called the commissioners office for. So we've talked to him. So those are kind of suspect. The ones that we look at are the ones that have been referred to us by county staff saying, you know, so-and-so called and/or the ones that call directly to the mining operation. COMMISSIONER MURRAY: Thank you. MR. STRAW: Thank you. CHAIRMAN STRAIN: Mr. Tuff? COMMISSIONER TUFF: Do you show -- have a map that shows where those complaints are coming from, if it's one area or it's a big area or if it's a mile away, or -- MR. STRAW: Now, this one was prepared before we got some of the stuff from the county and things. But that gives you a general idea where some of them come from. They're scattered. The -- there are a couple that kind of overlap. And you've got one here, one here. There's two or three here. Those related to Mr. DiMurro, and they are repetitive calls. So they're from the same location, which has prompted part ofthe test house as what we're looking at. And then you've got the balance of them here. These are I think those two. We offset those, because those are the same address, right there. There's two dots there. And then you've got a couple out here. And there's not -- unfortunately, you know, when we talked to the people or the mine talks to the people is a way to determine is that ground vibration or is it, you know, air overpressure. Some of this may be a combination of both or just the air overpressure. Because some of the ones farther away, if you've got a day when the wind's coming out of the west, has a tendency to blow some of the noise that way. They may have gotten some of the noise. Because the levels in a lot of cases, you know, don't show up. CHAIRMAN STRAIN: Mr. Tuff? COMMISSIONER TUFF: So what you can't see on here is whether there's households. So like is there complaints at every household there, or are there some that you can't tell whether -- you know, if there's a complaint and the next lot has no complaint but then there's a person living there according to this MR. STRAW: Yes, really, there are. I don't know whether this can be zoomed in. Can we zoom in on the bottom end there? Yeah, maybe just a bit more. There you go. You can look, they're from around -- now, the blasting is conducted over in here, in that area. It's just off the screen. But anywhere where you rougWy see these white patches, you know, on those streets all the way across, there are houses, yes. I mean, there are houses. They're larger lots. I mean, half acre, acre, something like that. I mean, it's not like you have 35 houses on a street, but you do have a serious number Page 18 161 183 August 2, 2007 of houses. I mean, our inspection radius that we looked at went really off this chart. Our inspection radius actually is off the edge of the -- you know, the graph here, the aerial. And so we did look at -- you know, we notified 160, I think I said. I don't recall the number off the top of my head. But yes, there's a number of people out there that we don't hear from. I think, you know, the percentage of complaints, if you start I guess tracking them versus the number of houses out there, you'll find it's probably a pretty small percentage. And some of them are repetitive. We've had calls from the same people over again. And when that comes in, they're still logged as a complaint, it's still followed up as far as that goes. Because we track all of that. And Jones has a pretty definitive idea of what goes on, because Mr. Jones has talked quite a bit about that and looked at that. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: What period oftime is this over, that these complaints came in? Over one month, one year? MR. STRAW: This is the whole year, from August 25th of2006, from the first blast, up through probably about a week, 10 days ago. So it covers the whole -- it does cover the whole year. I mean, the majority ofthese have occurred during 2006, from the -- if you look at the prior chart, the -- basically the left half of the screen is 2006, the right half of the screen, there's one blast in January, that one that kind of stands out by itself, and then everything else is over on the right-hand side up through the end ofthe year. And you can see we've had really two complaints from 2007. The balance ofthem were in the beginning. And I think with it being a new project, that certainly has a lot to do with it. COMMISSIONER VIGLIOTTI: Thank you. CHAIRMAN STRAIN: Any other questions? Mr. Schiffer? COMMISSIONER SCHIFFER: Do you believe any of the damage ofthese homes was done by blasting? MR. STRAW: Not that I've seen so far. Like I said, we've had four -- rougWy four complaints. I don't believe it has, no. COMMISSIONER SCHIFFER: Are any of these complaints over slab cracking, or are they -- what conditions are they complaining of? MR. STRAW: I think we have seen exterior stucco cracks. There maybe a couple of interior vertical cracks of things that we have looked and we have seen what we saw before in the pre-blast inspection. The test house, Mr. DiMurro's house, we looked at Mr. DiMurro's house. It was one of the first we inspected back in June or July of2006. Right after the conditional use permit was granted by the board we began doing the pre-blast inspections, so it was done in June, July. Whatever that date was we started the inspection right away. After the first couple of blasts, we got a call, went back out and looked at it. And what we have on the exterior of the house are vertical cracks in the exterior of the stucco. We have one tile crack in the kitchen, but it parallels -- it appears to parallel a joint. And the -- there is exterior crack in stucco, I think there's one in the laundry room and one that was repaired in the peak of a roof, you know, that it is a drywall joint crack. But you can see where the tape is. It's a little rough finish. Based on the levels, we don't believe that's related. COMMISSIONER SCHIFFER: Do you know if that house is a monolithic foundation or-- MR. STRAW: Yes, I believe it is. That's one of the things, we do have the plans and information on it. I believe it's a monolithic slab. And it's one of the things that -- you know, Phase 2 of this can happen once the tenant, you know, leaves the house. We plan on coring the slab inside, outside, a couple of different areas, looking at the actual Page 19 161 1B 3 August 2, 2007 construction technique, because we want to see if construction technique has things to do with it. And that way we can also then bore through the slab, bore into the material right under the house and find out what was done under the house. As well as, you know, having soil borings on the outside. We do know it's very consistent with other houses. It's raised on, I don't know, 10 to 12 foot offill material that's trucked in, compacted and the house built on it. COMMISSIONER SCHIFFER: Ten to 12 feet? MR. STRAW: It's way up in the air. I mean, maybe I'm guessing at the amount, but it's a significant height above the ground, the street level. There's a series of houses out there that have got a significant amount offill that the house is built on that raises it up out of the normal ground level. COMMISSIONER SCHIFFER: All right, thank you. CHAIRMAN STRAIN: Anybody else of this gentleman? MR. STRAW: At this point I think Mr. Damon Jones has -- CHAIRMAN STRAIN: Well, I've got some questions. MR. STRAW: Oh, okay, sorry, sir. CHAIRMAN STRAIN: You had mentioned that you'd been out in response to damage complaints and reviewed the damages? MR. STRAW: Yes, sir. CHAIRMAN STRAIN: Have you done that on each one of those yellow dotted homes that you showed on that map? MR. STRAW: No, because those are -- some of those are annoyance. We've done it on the ones where we've had comparison for pre-blast and post-blast. We've gone out and looked at those. I think, like I said, we've done I think four to date. CHAIRMAN STRAIN: What do you mean by the word -- what do you mean by some of those are annoyance? MR. STRAW: Annoyance is a call where you get a phone call, I felt it today, it rattled the inside of my house, what did you guys do today, it was something different. That's an annoyance complaint. A claim is one where someone has called and said I have damage to my house. CHAIRMAN STRAIN: The list that the county keeps on record of the complaints, you've referenced it a couple of times that people on there that have said they've had damage. Are those ones that you've gone out then and compared the pre-blast to the current condition? MR. STRAW: If they've had a pre-blast, yes. The procedure is that it goes -- it's transmitted typically from the county to Jones. Jones does their initial research. And we have gone out on the ones where we've had a pre-blast inspection. To date I believe there are four that we have looked at. CHAIRMAN STRAIN: Do you recall going out to Mr. Dave Purdie's house? MR. STRAW: I didn't personally, but one of my staff members did, yes. CHAIRMAN STRAIN: Because I was out there, and my understanding, when talking to Mr. Purdie, that no one had been out. MR. STRAW: We've looked at his house. We've reinspected his house. CHAIRMAN STRAIN: Okay. Well, I'll get that clarified, because he's here today. When you inspect someone's house and you walk with them -- I did this unknowing that there was a pre-blast. I walked with Mr. Purdie and I looked through his home. He showed me the cracks he was concerned about. But when we finished, I asked him ifhe had a pre-blast, he said he did, and he brought it to me. And after he and I reviewed the pre-blast versus our memory of walking around his home, it was obvious that many of the cracks were on the pre-blast. I don't know if every one was, and I suggested ifhe felt there were ones that existed after the pre-blast survey had been done, he needs to really finite and really focus on those and bring them here today. Or do whatever he wants to do. Page 20 161 183 August 2, 2007 But regardless, I think it was a lot of help for me and maybe for Mr. Purdie to understand how to read that pre-blast survey. Because it's not written in an architectural method that certainly Brad would be familiar with, it's all hand done and it's a little hard to read. But I was wondering, when you talked to homeowners and their damage concerns or complaints, do you walk through them on how that pre-blast fits their home and what it actually means in relationship to the cracks, so it might save you a lot of effort in going back and forth many times? MR. STRAW: When we do the original inspections, it depends really on the homeowner. A lot of times the homeowner will follow us through the house and we'll explain exactly what we're doing. We'll show them, you know, where we're -- it's a diagram and what the Chairman has mentioned is we do have a form, it's a diagram, we diagram where things are. But we also follow up at that same time then with photographs. So we photograph the crack in detail digitally. And so as we go through the inspection, if the homeowner is interested -- some of them go, have at it, let me know when you're done. They're not interested in participating. But there are other folks that walk through and we'll explain to them. Every one of them, though, has been sent a copy oftheir inspection. Whether we have done it, you know, once or whether we have gone back and followed up with the inspection, we have done that. CHAIRMAN STRAIN: You had mentioned some criteria that you were looking at, 110 blasts four times a week, less than 18 per month and the 24 seconds per month blast in initiation. You failed to talk about the pounds per blast per hole. What is your understanding of what -- how does that relate to? MR. STRAW: Well, the pounds per delay is the primary driver on ground vibration, as far as we are concerned. There is a relationship of explosives weight to the density of the rock. The blasting contractor looks at the material, knows how hard it is, then determines based on the thickness and the hardness of the rock how much they're going to have to load per hole. Each hole in a blast, and if there's "X" number of holes, they all go off individually. It's not one big blast. Every hole is detonated within a few thousandths of a second. The eight thousandths of a second rule is what we typically apply to separate blast holes so that there's not overlap for repeat, and those then actually help to interfere with each other as they go out as vibration and helps reduce the overall vibration as it moves outward from the source. So the pounds per delay is that driver. That is going to be a function of the thickness of the rock. Now that's going to vary as they move through the site. Because there are areas where the rock is thicker than others as they -- and, you know, areas they don't have to blast, then they don't load as heavy. So that varies a little bit as far as that goes. CHAIRMAN STRAIN: Isn't it also a factor the number ofholes? MR. STRAW: The number of holes is in terms of the low frequency development, in my opinion. What I've seen over the years is that the larger blasts that you have to generate to make a certain amount of holes per week or per month to be able to produce your -- the amount of rock that has to go out the front gate, as you get larger and larger shots, because of the duration being longer in the initiation, you have some increase in vibration, but it's primarily in the low frequency end. And we've seen -- we see reductions when you can basically shoot bore shots a little smaller, you don't generate as much as energy into the ground as you do when you have to have much, much bigger blasts, much, much longer areas to work with. CHAIRMAN STRAIN: There's different levels of your intensity of your blasting by the number of pounds per hole that you load it with. Is that -- we talked in the last meeting about doing a lower volume load versus a higher volume load to try to get keep the vibration down. What is the difference in pounds per hole between lower and higher, medium? How do you grade that? MR. STRAW: Well, let me give you some examples. Folks that I have on the West Coast, Page 21 "" 6' J. ~ : IB~ August 2, 2007 seven-inch blast hole, they're blasting 30 to 40 holes. In a seven-inch blast hole they may be loading anywhere between 800 and 1,000 pounds per hole, okay. Over here on the n at the Jones Mine, it's much less. I think we looked for the original inspection radius somewhere in the area of 100 to 120. I don't have off the top of my head what their current explosives weight is per delay. Seventy is what I'm told is their current load. So that's very limited in terms of the amount. But there is a function here where you have -- based on the thickness and the depth at the bottom, you have to have a certain ratio of explosives to weight of rock to be able to generate enough energy to actually break the rock. If you undershoot a rock, then you produce just more vibration. If you overshoot it, in other words, you have more explosives in the hole than you really need, you can also create excessive vibration. But here, for what we're looking at, the levels are supporting very well what we're doing. Because we're well, well under the curve. CHAIRMAN STRAIN: The 70 that you spoke of has only been used four times and it was only used in the last 60 days. MR. STRAW: And that's because the blasting has really changed in the last 60 days with what they're doing. It's part of where they've been. CHAIRMAN STRAIN: In the letter that WilsonMiller wrote to Melissa Zone, they said that the goal of the operation has been to drill and blast about 1,680 holes per month, 210 holes at eight times per month. This quantity should be sufficient to keep up with the future rock demand. This was written in July. So what you're saying here is you want to blast more times per month, less holes, but you don't need to exceed the 1,680 that you're currently-- MR. STRAW: That's correct. CHAIRMAN STRAIN: Okay. And it also says, the results of this approach will produce less ground vibration and less noise. Now, I know what your charges have been and your vibrations have been, both from the air blast and ground vibration. Now, if your argument is that you're going to produce less ground vibration and less noise, what is -- how much less than what you're currently doing? MR. STRAW: Well, if you look at where the velocity levels have been, and this is just one of the instruments, you know, looking as far as -- and this is back to the complaint chart. You're seeing the highest is up in here we're on the order of .23 inches per second as peeks. There are some differences based on distance. But if you can look in the last few, you know, we're a little over .1. So that's maybe .15, so .23, you know, down to .15 is -- you know, there's a difference in that. The-- CHAIRMAN STRAIN: The one you just had, the one that spiked, the vibration was at .32 and the air blast was at 109, but those have all been low. So .32 is obviously high and it creates a spike. MR. STRAW: Correct. CHAIRMAN STRAIN: So what do you think you're going to be getting down to? MR. STRAW: I think they're on the order of .15, less than .2 fairly consistently is where the levels are typically for that closest machine, based on where they are now. CHAIRMAN STRAIN: And what about air blasts? MR. STRAW: Well, if you look at the air blast, probably on the order of where they have been recently. If you look -- this is the air blast. This is at the Garret residence. This is the one to the east. If you look at the comparison -- now this is pounds per square inch, but this is 133 decibels. Now remember, these are measured logarithmically, so there's a big jump here that it represents. But here you're on the order of 120 or so, I 15, 120. These which are the last few blasts that have Page 22 12u~ust J, 2~0; been detonated, you're on the order of maybe 105, 106. So it's a significant -- you can see graphically the significant decrease. Because what they're doing now is shooting some of the smaller shots as they work right now. CHAIRMAN STRAIN: Okay. Anybody else have any questions? Mr. Midney, then Mr. Shiver. COMMISSIONER MIDNEY: When you're breaking up the limestone with these blasts, are you doing anything to effect the confining layer of the water table that could make the water table drop? MR. STRAW: Our opinion, no. And water is a little bit out of my area, but based on explosives breaking -- explosives are kind of like water, they go to the easiest point of relief, which is up, not down. There is some under -- you know, there is some break at the bottom of the hole, but it's not significant. We've not seen it in any of the other operations that we work with in Southwest Florida or the west coast of Florida where there's a confining layer. We've not seen any of that breached. COMMISSIONER MIDNEY: Do you have a hydrologist that's going to speak? MR. STRAW: I'm sorry? COMMISSIONER MIDNEY: Do you have a hydrologist that's going to speak? MR. STRAW: We do have somebody here to answer questions, yes, sir. CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Adelstein. COMMISSIONER SCHIFFER: And bringing up the mounting, do you have any data showing the effects of settlement on this mound? That's a pretty high mound. You're at the mercy of the skills of the person that compacted that. MR. STRAW: We're going to be doing borings on it. But, you know, again like I said, we don't see the cracks, you know, moving in any of that. And again, for -- speaking from my end of it as far as velocity, you've got to have a significant amount of velocity that we don't have. We're not anywhere near close to what it would take to cause soil sediment. It's been extensively studied, and it's just not capable. I mean, literally you'd have to be blasting right on top of the house to generate enough energy to cause that soil to settle. The weight of the house itself has caused some settlement over a period of time during construction and the weight of the slab. But we're not seeing anything that tells us with the instrumentation we have there right now that we have an ongoing issue with that at all. COMMISSIONER SCHIFFER: But the question really was, is there any studies showing structures built up on mounds like this? MR. STRAW: This is one of the reasons we're doing this is to look at this. There are structures and foundations that we've looked at on fill. I don't know that it's, you know, on as extensive a pad as this. But there's not anything that I'm aware of that tells us we have a problem dealing with this. But it's one of the reasons we're doing the test house. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: Yes, have you found any damage done, actually found darnage done by your explosions there? MR. STRAW: No, sir. COMMISSIONER ADELSTEIN: None at all? MR. STRAW: None at all. The ones that we have looked at, absolutely none. COMMISSIONER ADELSTEIN: Amazing. MR. STRAW: Well, you look at the levels. And all-- you know, I guess the issue is we're dealing with public perception and individual perception versus, you know, what it takes to damage a house. There is a tremendous amount of energy necessary to damage a house. Unfortunately we as people can feel very, Page 23 16 'j, a ~ .... August 2, 2007 very small amounts of vibration. If you look at, you know, the environmental responses that the house goes through, the same study that I cited on the limits has done a lot of work on interior stress and strain. The environmental levels produce stress equivalent to three inches per second in those houses. You know, which is, you know, what it would take to cause blocks and things like that. Those stresses have been measured. We're not approaching those in any way, shape or form. COMMISSIONER ADELSTEIN: But if none of them were cracks done by your use, what happened to them? I mean, how did it just all ofa sudden happen there's a crack there? MR. STRAW: Aging of the house, construction in many cases. There's slab cracks in this house that we believe are related to construction technique where the slab is. I have the same thing in my house. I live in Plantation, Florida. I don't have blasting next to me, I have exactly the same cracks in the house. And it's the construction of the house, it's the aging of the house, it's the building materials. COMMISSIONER ADELSTEIN: They didn't have it before, they're having it now and somehow it just happens to fit that way. MR. STRAW: It's not the issue that they didn't have it before. Because we -- the pre-blast inspection in those 85 homes we located certainly shows a lot of cracks. Typically what happens with the blasting is that it calls attention to those things. And so while you don't have things going on, you know, you don't look at your house unless you're going to paint it or you're going to deal in the house, or something stands out at you. But most of these cracks, people don't see. In the Bureau of Mines research, when they built their test house literally had to have special lighting, sidelighting employed in the house to find the cracks that they were looking for. As they get bigger, we begin to notice them. But when blasting occurs and the house shakes, which we know does, people begin to look. I do the same thing in my own house, is I -- you know, a thunderstorm, or I see something and I go, you know, I know that wasn't there. COMMISSIONER ADELSTEIN: Okay. CHAIRMAN STRAIN: Any other questions of this gentleman? Ms. Caron? COMMISSIONER CARON: Yeah, let's talk about this perception for a little bit in terms of frequency. You're suggesting increasing the frequency of blasts from eight to 18, more than doubling. MR. STRAW: No, that would be the duration that it would be initiated in. You'd still-- right now you have eight times per month. Yes, it increases to maybe four times per week, 18 per month, as opposed to the eight, so you're adding a total of perhaps 10 blasts over the month. But it doesn't mean that everybody out there is going to feel every blast. I mean, we do have instruments that -- you know, the instruments are set at the lowest threshold, which is less than somebody walking across the floor. And we do get days where the machine doesn't trigger, where they're down on the side -- maybe they're doing a shot on the south end, and the machine that I, you know, showed on the aerial up to the north doesn't trigger, you know, people up there would not be perceiving that. I mean, this is in the overall thing. So as the pit moves around and as you go technically from Phase I to Phase 2, if you go back from where you are in Phase I and go to Phase 2, in certain phases ofthat you're moving further away from, you know, the neighbors. I mean, currently the levels are based on measurements along this outside edge here. But as you progress back here, people over here, you know, get a reduced perception. Up here there's a reduced perception. When you are in different parts of Phase 2 in here, then most likely down here may not Page 24 161 183 August 2, 2007 perceive it at all. COMMISSIONER CARON: Nonetheless, you're not done with Phase I and you're still blasting to the east and you're getting complaints from both the east and the south. MR. STRAW: Correct. COMMISSIONER CARON: And the goal here, one of the goals here, is to increase the number of blasts per month from eight to 18. MR. STRAW: That's correct. COMMISSIONER CARON: So if! live in a house over here, instead of hearing blasting eight times a month, I'm now going to be hearing blasting 18 times a month. MR. STRAW: At what we anticipate being -- and what we've projected to be a lower level. Which the -- perception is an individual thing. What you may feel is annoying, someone else doesn't. So it's not a, you know, numbers to -- you know, numbers of blasts does not automatically equate to the number of complaints that you receive. Yes, you may perceive it, but it may not be perceived as an issue for someone. COMMISSIONER CARON: But what I'm trying to get at is, is the decrease, the supposed decrease down to 110 blasts per -- going to be significant enough for the neighborhood to make up for increasing from eight to l8? MR. STRAW: In our opinion at this point, at least in terms of air blasts, would be yes. This is an air blast level. This was one of the first blasts, one of the larger blasts. As I recall, 200 some odd holes. Compare, if you look at this directly, this is the instrument on the east side that we'd be talking about, the closest point. This is a significant air blast compared to down here where you're in the 60, 70, you know, llO-hole range. That's a significant reduction in terms of vibrant -- in terms oflevels. The vibration levels we anticipate going down also, yes. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yeal1, with that chart, where would thunder fall on that chart? MR. STRAW: Off the chart. COMMISSIONER SCHIFFER: Below or above? MR. STRAW: Above. I have a recording of 138 decibels, my house recorded, instrument outside. This is 133. 138 puts it somewhere up here in the title block. It is -- you know, and that was a storm that's -- one of these where you get -- you know, where you can't get the one-one thousand out to figure out how far away it is. It's, you know, lightning, bang, there it is. You know, so you're within 1,000, 1,500 feet or so. COMMISSIONER SCHIFFER: Another question. Sometimes the shuttle comes over us and it brings with it a sonic boom. Where would that be on this chart? MR. STRAW: We have one recorded from up in Melbourne. They were on the south approach. They have kind of a north approach and a south approach into the landing strip. Because the strip, as I understand, kind of runs north and south, so they have to circle one way or the other. We were down towards Melbourne, the southern end. We got one that would have been about 120 decibels, which is somewhere down in that range for the space shuttle. Down here. It's probably down somewhere in this range in here. COMMISSIONER SCHIFFER: And where would an AC/DC concert be? Just kidding. MR. STRAW: With your ears covered. That's a whole different deal. That's looking a weighted sound. That's threshold of pain. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Question-- Page 25 1 ~u~ust l, Ji~ MR. STRAW: Not just because ofthe band either, okay? That's just threshold of pain kind of stuff. COMMISSIONER VIGLIOTTI: Question. MR. STRAW: Yes, sir. COMMISSIONER VIGLIOTTI: The approach the Naples Airport for a jet, where would that be in noise comparisons to this? MR. STRAW: 110, maybe, 115. Depending on where you are in the approach. That's measured a little differently. You know, for their noise, their noise thresholds, they measure what's called a weighted noise, which is how we hear. We don't hear low frequency real well, we don't hear real high frequency; we have kind of a bell curve. We. Measure linear, so it doesn't -- frequency weight we don't care, because we're dealing with a structure that doesn't care about frequency, it knows that it just takes a certain amount. Trying to do some rough estimates, their approach a weighted 110, 115, probably, under the -- you know, one of the closer areas. They're probably down in this threshold down here, if you start looking linearly. Because a lot of their noise is relatively high frequency end. The whine of the jet engines is much hi gher. Air blasts that we look at is much more like thunder. Thunder, sonic booms, the space shuttle are probably good comparisons as far as air blasts go. Thunder is probably the best. Half mile out -- a mile out you're probably dealing with something that's 100, 105 decibels. Pretty consistent with what we're producing, you know, down towards the lower bars of the chart. Maybe what we're getting in the off -- out on the right-hand side ofthat chart, 100, 105 decibels, somewhere in that ballpark. Of course, as it comes closer, then you get up, and the one that I measured was 138 db. It was almost off the ability of the seismograph to measure, it was that loud. CHAIRMAN STRAIN: Sir, when you introduced yourself at the beginning, are you Mr. Straw? MR. STRAW: Yes, I am. CHAIRMAN STRAIN: Okay, good. At the neighborhood informational meeting, you did attend that. MR. STRAW: Urn-hum. CHAIRMAN STRAIN: You spoke. And according to the staff, you said there we will be six to eight blasts a month. Are you familiar with that? MR. STRAW: That's what was originally the six to eight that they planned based upon the proposed restrictions that they were looking at. CHAIRMAN STRAIN: Well, this is the informational meeting for today's hearing. So today you're asking for -- you're over double that. MR. STRAW: Be honest with you, I'm not sure what date you're talking about. CHAIRMAN STRAIN: Okay, the applicant held the required May 16th, 2006. MR. STRAW: I believe that was back before some of the modifications were made. This is a relatively recent request as far as modifications. CHAIRMAN STRAIN: Okay. So back then the neighborhood was -- attended the meeting, there were 20 people. They were told you would still be at six to eight blasts a month and the operation should last six to eight years. But now you're saying you want over double that amount of blasts per month; is that correct? MR. STRAW: Yes, sir. CHAIRMAN STRAIN: Okay. May 16th, 2006 is over one year prior to today's meeting for sure. And I know that we had some language going through or maybe through that addresses the timeliness of a neighborhood information meeting versus the public hearing in front of us. So hopefully during the break Page 26 161 183 August 2, 2007 that we're about to take staff will look into that. And also, the validity from the county attorney's office of statements made at the NIM of an item like this versus what you're now asking for, which is certainly contradictory to what you asked for a year ago. So with that we'll take a break until 1 0: 15 and we'll come back then. Thank you. (Recess. ) CHAIRMAN STRAIN: Okay, it's 10:15. If everybody will resume, we'll come back to order. And we left off with further questions of the applicants. Mr. Straw? MR. STRAW: I guess I wanted to make a couple of comments when we had talked that maybe things weren't clear. The question -- the issue of the complaints, the issue of the -- the four that we've looked at, the damage. And the reason we're saying that there is nothing there is we have not seen a measurable difference between what we've looked at and the pre-blast. Anything that gives us indication to say that blasting has caused that. Nor has the homeowner, you know, given us any indication, you know, time frame tying it to a blast, a specific blast, those kinds of things where we can go back and look at that. The issues that we're seeing with the test structure and the measurements that we are measuring right now with what's going on is showing that the cracks are not influenced by ground vibration, as one of the points. The other issue is the 18 times we're talking about per month, Commissioner. The issue of the 18 times per month is to get those vibration and air overpressure levels down so that not everybody hears it. It may be a few people in there, but it's not a community-wide type of thing that is generated when you're shooting those much bigger shots, everybody in the surrounding community feels it. The idea is for that. And I think my final point to the issue was the hole counts that we have right now with the number of blasts that we're looking at right now are what we can achieve. Weare in that reduced hole count right now, demonstrating what we can do. But we need the 18 times to meet the production demand that we know is there. I mean, there is a huge demand for aggregate and it does vary at times. But to meet that aggregate demand is why the 18 times at those reduced hole counts is what we're looking for. CHAIRMAN STRAIN: One statement I'd like to make, because I know Mr. Anderson certainly is listening to the meeting. One of the big issues is that when someone has a complaint, your reaction to it may not be helpful in a sense. I know that they have to call Tallahassee, and there's a process up there that's like a giant black hole. And I know that your method of analysis might simply say to the homeowner, well, that's -- yeah, there's a crack there but that's a normal settlement crack or that crack is because of your construction defects. That really doesn't help resolve the problem. I don't know what the solution is, but I can tell you, a homeowner working as best he can to provide for a medium-priced home in Golden Gate Estates isn't someone who likely can go up against a firm like yours in a legal battle in a court that thrives on people with a lot of money to win, because you can outspend them. So I don't think by saying that it's the fault of the structural slab or something else is a solution to the homeowner. And I don't know what the solution is. But if you say that, what's he going to do, hire an attorney and spend half a million dollars to fight you and you outspend him with a million and a half and the courts go with you because you hired the better experts? So I don't know what the solution is. And maybe before this meeting's over you guys can come up with an idea. But I know that the system, as it speaks now and as your reactions to it may be, it just doesn't seem to be working. Go ahead, Mr. Anderson? MR. ANDERSON: Yes, I want to go back to my opening statement. We will pay for an Page 27 161 187 August 2, 2007 independent engineer to help implement the local procedure that already exists for a factual determination if damage has been caused by blasting under the explosives ordinance. And then, you know, if the manager's office determines -- and we're going to provide an engineer to help them do that -- that damage has occurred, then there is a local remedy and they don't need to go to Tallal1assee, unless they just want money as opposed to repairs. CHAIRMAN STRAIN: I understand that. Who is just -- my question will get to a conclusion here in a second. What are -- who are some of your clients? Who's buying the material from the pit? COMMISSIONER VIGLIOTTI: The county. CHAIRMAN STRAIN: I mean, you -- no, you can't speak from the audience, you're going to have to come forward. MR. RUSSO: Mr. Chairman, Bill Russo. I'm running the mining operations out there. Better Roads, Bonness, you got Lima (phonetic), you got Mitchell & Stark, you've got Earth Tech Enterprises. CHAIRMAN STRAIN: Do you know what jobs they're working on? MR. RUSSO: They've got some county jobs they're working on. CHAIRMAN STRAIN: Okay, so the mining operation that supplies the material for that county is going to go to the county and themselves to pick an engineer to assess unbiasedly the assistance the homeowner is looking in determining if there's any damages. Is that what I heard you suggest? MR. ANDERSON: No good deed goes unpunished. CHAIRMAN STRAIN: We'll get to the bottom line, Bruce. MR. ANDERSON: Well, we're open to other suggestions. CHAIRMAN STRAIN: And that's what I brought this up for in the beginning. Before this meeting's over, I certainly -- and you will have time to rebut. I think this is a major issue, and it more likely will be with the people that are going to be talking. I certainly think you need to come back with some kind of solution, if you think that will help. So I'm concerned about it, and I don't want to see a homeowner trying to fight a system to try to get a resolution to an issue that may not be that devastating for you to resolve right to begin with. You could probably fix the problem quicker than you could hire people to analyze the problem. And that's kind of where I'm coming from, okay? MR. ANDERSON: We truly would welcome any suggestions that you might have as to how, you know, we could come up with a better procedure that's fair to everyone. CHAIRMAN STRAIN: Maybe we'll -- something will evolve with the testimony we've got coming around. MR. ANDERSON: Thank you very much. And now I'd like to ask our hydrologist to come up and answer Mr. Midney's question. CHAIRMAN STRAIN: Certainly. MR. ANDERSON: And then our last scheduled speaker would be Mr. Damon Jones. MS. DOYLE: Good morning, Chainnan, Commissioners, I am Gale Murray Doyle. I'm a professional geologist. I've worked in Southwest Florida for probably 25 years. To address your question, we have probably done 65 to 70 borings on site. The last half of them was specifically trying to look at the confining zone for the water table aquifer. So I have generated a map that shows the top that we have found across the property of the confining layer. The yellow lines are the contour lines. And this one starts at about 30 feet below land surface. This one is about 40, this is 50, and this is another 50 contour line. That's the top of the confining zone. Page 28 1 RuJust } 2~0; I have some selected borings that I could show you. I brought with me some borings that actually show where the top and the bottoms of some the confining layers are. Some of the borings didn't go deep enough. They went to 60 feet. And even at 60 feet we still hadn't reached the bottom of the confining layer. We had -- I just selected one from each section of the whole mine. CHAIRMAN STRAIN: What's the date of those, ma'am? If you don't mind me asking. MS. DOYLE: The borings that are done that have a 2 in them, a B-2 14, 14 and 21 were done -- let's see, I think they were done this year. No, they were done in 2004. CHAIRMAN STRAIN: Thank you. MS. DOYLE: All right, this one shows that the confining layer starts at about 37 feet, and at 60 we still had not gone through the confining layer. In some areas we have some wells that are in this area that start at 80 feet. So it's very possible the confining layer goes all the way to 80 feet in some of these. Some of these they don't. B-2-l confining layer starts at about 32 feet and ends at about 54. It's approximately 15 some odd feet thick there. We have another one, the confining layer starts at 47, and by 60 feet we still had not gotten through the confining layer. And the confining layer consists of soft, sandy clay material. And then the fourth one, it starts at 47, and again we didn't go through it. As far as the effect of the blasting, from what we can tell from the borings, the confining layer is a minimum of 15 feet thick and probably thicker in most areas. It's a soft material. It's not rigid. So if there's any blasting, there's nothing that's going to crack or cause any fissures to the confining layer that would then cause any cross-contamination between one layer and the other. I don't see that the blasting would have any effect on the integrity of the confining zone. COMMISSIONER MIDNEY: The confining zone is usually clay, it's not limestone? MS. DOYLE: That's correct. COMMISSIONER MIDNEY: Another question about the hydrology. If you're removing the earth over the water table, doesn't that increase the amount of evaporation, and couldn't that affect the water table that would effect --I'm thinking especially of the Corkscrew Sanctuary, which is only a few miles away? MS. DOYLE: Okay, I looked at that. And I can give you the results of that. If! need to, I have a graphic. The soils that contain water only contain 20 percent. It's a porosity of the soils. There's more soil than there is water. So if you were to take a glass and fill it with soil and dump a half a cup of water in it, the water level is going to rise probably above where the sand is. In a lake situation you've got -- it's all water, okay. So if you were to take that cup of water out of your glass that has the soils in it, your water level drops a considerable amount. If you take that same cup out of the lake, you won't even see the amount of water, the amount oflevel that it drops, because it's all water. It has to do with a head pressure and a volume. So when I did the modeling -- let me get the -- okay, I looked at the existing situation where we have an existing lake. And I only looked at evapotranspiration and evaporation of the site, which just includes the area of the existing lake and the proposed lake. Okay, so in this area through here I made the model respond as a lake, where I had the porosity almost one so that we knew it was almost water. In the area where we're expanding the mine to, I made it soils where I had 20 percent porosity. And I put in values from the Corkscrew area and the Inunokalee area for evapotranspiration which would be from, let's say, just from trees or grass in the areas where this proposed expansion was. And I put a pan evaporation based on data that was available in the Corkscrew area. Page 29 161 18~ August 2, 2007 And the results shows that under the existing conditions, running 90 days, no rainfall, no other recharge coming into the system, worst case scenario, which is what we typically look at, April, May and June, and you see that we have a projected, which is not really going to happen too terribly often. But just based on just this mine area, one-tenth of a foot out here, three-tenths of a foot out near the Corkscrew ground. And that's existing. That's what it is today. When I expanded the lake and reran it, it's almost exactly the same at a distance. It's actually less drop in the water table where the lake is. Because it has to do with that volume, the fact that when you take a cup of water out of a lake, the water level drops significantly less than if you take a cup of water out of some soils. And so if you want to compare the two, you have to look at one and see that the actual -- the tenth of a foot of drawdown line really does not change at all, which is in your Corkscrew area, from what's existing to what's proposed. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: Ma'am, you said the bore holes were done in '04, and the neighborhood informational meeting was done in '06. So that means the knowledge of those bore holes was most likely known by the time of the neighborhood informational meeting. Mr. Straw at the meeting said that the excavation will be to the clay layer, which is around 35 to 40 feet. Are you not going to excavation deeper than 40 feet regardless? MS. DOYLE: I think what the landowner has asked is that we go to the top of the confining layer. CHAIRMAN STRAIN: Okay, but that doesn't seem to be the insinuation at the meeting, and that's again what I'm trying to get to. MS. DOYLE: I wasn't at that meeting, so I would have to -- CHAIRMAN STRAIN: I have one more question for you before Mr. Tyson then answers that question. You work for? MS. DOYLE: American Consultants. Myself. I'm a private consultant. CHAIRMAN STRAIN: What's your background? MS. DOYLE: I worked at South Florida Water Management District in the early Eighties as a hydrogeologist and then after that I've been out on my own. CHAIRMAN STRAIN: Are you a degreed specialist in hydrology? MS. DOYLE: I have a degree in geology. CHAIRMAN STRAIN: Thank you. Mr. Tyson -- oh, go ahead, Mr. Midney. I'm sorry, I didn't know you had another question. COMMISSIONER MIDNEY: I have another question of you, if! could. One-tenth of a foot you're saying, or let's round it off to sayan inch in the sanctuary. Wouldn't a one-inch change in the water level of the sanctuary have huge effects on the ecology of a particular area? MS. DOYLE: Well, what you're looking at is Mother Nature's just evapotranspiration. And the ecology deals with that every day. I have another graph that shows -- we've got a -- USGS has a monitoring well in the Corkscrew Sanctuary. Number 492. And it shows throughout the year a fluctuation between three and five feet. So a tenth of a foot compared to what normally fluctuates in that water table is insignificant. COMMISSIONER MIDNEY: But isn't this something that's going to be a constant increase in evaporation, a constant one-inch effect, rather than something that's transitory? In other words, you are increasing the rate of evaporation by making these big lakes. And if you're constantly adding a stress of one inch to the sanctuary, isn't that significant? MS. DOYLE: No, we're not constantly adding it. If you look at what is today -- and I had Page 30 161 IS? August 2, 2007 previously done a map that showed just what evapotranspiration would be if the mine wasn't there at all. And the evapotranspiration impact was greater than the lake impact from just plain evaporation. And if we compare the two between what's existing and what's proposed, it does not change. So your tenth of a foot is currently a tenth of a foot and has been a tenth of a foot since God created earth, because we've had evapotranspiration since then. What's happening as far as the lake does not affect the swamp at all. This is here no matter whether the lake is here or not. COMMISSIONER MIDNEY: Are you saying then that the rate of evaporation from an open body of water is the same as a vegetated area? MS. DOYLE: No, what I'm -- the rate of evaporation in open bodied water is greater. However, because what you're going to see -- because your porosity of your soils is 20 percent; it's 20 percent water, 80 percent sand, clay, whatever it happens to be, all right? So what your -- when the environment goes to get its water, it has to do with the head. Where is that water level in relationship to, say, where the root system is. So when you have evaporation from a lake, it's got the whole lake area and it's got 100 percent porosity. So that maybe that much might come off the lake. That volume, let's say, was due to one day's worth of evapotranspiration. That same amount in the soils that only has 20 percent porosity to meet that same amount of transpiration, it takes the water level down more because it's got a 20 percent porosity to get the volume of water. So even though the evaporation is greater on the lake than it is in the -- as far as evapotranspiration, because you've got a 20 percent porosity, you have a greater drop in the water level. That's just a natural thing that happens, whether you've got a lake there or not. COMMISSIONER MIDNEY: But isn't it replenished, what happens from the vegetated area? I mean -- MS. DOYLE: Replenished how? COMMISSIONER MIDNEY: From underneath. Because the water is not being used, it's not being evaporated. So I would think it would just come right back and be replaced if it was vegetated, as opposed to an open lake where it would be lost. MS. DOYLE: I have information from some water level indicator recorders in some wetlands that happens to be at the Big Cypress Seminole Indian Reservation in Hendry County. And one of the things that we were doing is measuring the water levels in the wetlands. And they are totally away from large bodies of water, totally away from any groundwater withdrawals, they are just out in the wetlands. Going through the records on those, I was deliberately trying to find a period of record where we had 90 days with no rainfall. Because these were continuous recorders and you could see when the rainfall would come. And I found a 90-day bracket. Just from evapotranspiration from the plants, within that 90 days the water level dropped a foot and a half. Had nothing to do with bodies of water or lakes, it just dropped a foot and a half. Now, ifit had been a body of water, personally it is not going to change. Even based on the modeling, it's just not going to change. Especially as far away as it is. You've got overriding factors such as normal just evapotranspiration of the swamp itself. CHAIRMAN STRAIN: The reaction to Mr. Midney's question, though, needs to be repeated. I think you keep focusing on whether or not this has an impact on Corkscrew Swamp Sanctuary. Your claim is it does not. MS. DOYLE: No, there is none. CHAIRMAN STRAIN: And I don't think you're going to shake her testimony on that, so Ms. Page 31 16 1 1 83 August 2, 2007 Caron, would you -- MS. DOYLE: I've been out there and seen too much and had too many years of experience in the field to say that there would be an effect. There's not going to be an effect on the swamp. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Isn't your actual greater impact to your own on-site wetland? MS. DOYLE: Well, it's not that it's on the wetlands, no. As you can see in the graph, ifthe lake is here and the evapotranspiration on this particular wetland, the drawdown after 90 days no rainfall would naturally be 1.1 feet. Here, where the lake is surrounding this wetland, it's less than a foot. CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: One question. Wouldn't evaporation be the same whether it's 10 foot deep or 45-foot deep? MS. DOYLE: It doesn't seem to really make that much difference whether-- COMMISSIONER VIGLIOTTI: Evaporation would be the same, no matter how deep they dig? MS. DOYLE: Right, exactly. CHAIRMAN STRAIN: Okay, Mr. Tyson, you were going to respond to my question? MR. TYSON: Yes, the conditional use in this case specifically states that we are going to 45 feet or the confining layer, whichever is less. So even though we've got places here where we go -- the rock, or the confining layer, for instance, is at least 50 or greater in terms of the feet, we're not digging that. It's going 45 feet as a maximum depth. CHAIRMAN STRAIN: Thank you, sir. Any other questions? (No response.) CHAIRMAN STRAIN: Good, let's have staff report. MR. ANDERSON: We have one more. CHAIRMAN STRAIN: You have another one? MR. ANDERSON: Mr. Jones? CHAIRMAN STRAIN: Okay, now, this is extraordinary for the length of a presentation of an applicant, but we'll go right ahead. It's been two hours so far, Mr. Anderson. MR. ANDERSON: Interrupted by questions. CHAIRMAN STRAIN: Go ahead. MR. JONES: My name is Damon Jones with Jones Mining. I'll try to keep it brief. I was brought on the Jones Mining about two months ago, with the primary concern being how do we address, you know, complaints ongoing and moving forward. Historically those complaints have come in different sources. Some were directed to us, you know, Jones Mining directly, some came to the county office, some were directed to the blaster. In all those instances, you know, the blaster followed up with the complaint. In Jones Mining incidence, we usually followed up with a -- you know, usually by mail correspondence, asking if they wanted us to come visit. Give them information on direct -- you know, how to apply with the state. In most cases, like I say, we've done the pre-blast surveys, those were all mailed out. Anybody who wanted one ofthose were conducted by Geosonics. And moving forward, those are a good baseline as to what's occurred out there. I think the important part is moving forward. A key component here since the first ofthe year is we brought in a new operator, Bill Russo. They've changed some of the procedures on how they're excavating. We've actually changed blasters. And Florida Drilling and Blasting is doing a phenomenal job. Mr. Straw eluded earlier to those reduced charges, reduced numbers of holes. The intent of that is Page 32 16! 1 8?J August 2, 2007 to reduce the effect and the intrusiveness to the surrounding area. I mean, we still get the same quantity out, but the idea is how do we minimize the effects to our neighbors out there. We alluded to the study house earlier. The house was -- earlier we inquired as to being able to acquire a permit to build our own structure on-site to be able to study some of this. It was decided there was a house for sale and the DiMurro property was purchased. I think the study house moving forward is going to provide us a great deal of data and information and education that we can use, the county can use, the state can use and, importantly, an educational tool to the neighbors in the surrounding area. The public access to that through the website that will be linked to ours will provide that. You know, part of -- I said my intent was -- of being brought in was to kind of coordinate that and give one person or one face one name that they can come to directly. All the concerns can be directed towards us. And that way that follow-up and the action that can be taken and the communication and dialogue between the neighborhoods, between the government, between all the stakeholders in the mining activity out there can stay involved. And to some degree, you know, everything's been tried to be addressed, but it's been by different parties. So hopefully we can bring that process together. I alluded to -- I've already got JonesMining.com set up. The intent of that web site was not a sales or marketing tool for aggregate. The intent in its content is directed towards information, help, assistance and contact. We've included a frequently asked questions link on there. Commonly asked questions that your neighbor that has a concern, that may not be knowledgeable of what's going on there. And hopefully do away with some of the myths or rumors, get a little more information. I've included Jinks to Geosonics.com, they can find out more about Geosonics; links to the State Fire Marshal so they can get more information. More importantly, though, what's on there, there's also a complaint form that can be directed to me. It can be printed out, it can be faxed, e-mailed, dropped off. I would encourage they drop it off personally. But focusing that and using even the website as a focal point to drive any concerns or issues to me, to Jones Mining, so they can be addressed. Mr. Strain addressed, you know, how do we move forward. You know, how are these complaints -- you know, it's easy to get inspections done, but how do you walk that person through and justifY damage? The plan is if we can get that complaint to me, get it to Jones Mining, then action could be taken. And the first action would be is to determine if that pre-blast survey was done. If it is, we schedule a meeting, get to the home, meet with the person, walk them through that pre-blast survey and see if there is -- you know, if they've notice damage that's different, you know, or they have cracks that maybe weren't there in that pre-blast survey. We've talked about offering engineering, forensic engineering services, or a post-blast survey, another inspection by Geosonics so we've got more data to compare. We've offered -- and leading to the eventual assisting them to getting their complaint filed with the state, I've done that since I've been on board. And that's part of the process. And it's not -- you know, we're not passing the buck offto the state. Because, you know, the response back from there is not going to be what it is locally. But we get it documented for them, walk them through that process. But the key part is moving forward, assisting them with that follow up, the accountability on the follow-up, communicating with county staff as to what action's been taken and getting them all-- and getting them through that process. If it's an expense to us, you know, we're willing to do that. If it's a Page 33 16 1 1 Q ~ AuguSt ~2007 forensic engineer, if it's too -- which we've offered, to go ahead and repair that crack for them. That's the important part, and that's what we just wanted to address quickly is, you know, historically that communication's been a little severed, you know. Moving forward hopefully we can focus that to me. The county staff, we talked with them about making sure they only log the call and can contact us, but they also direct that neighbor, that concern to me as well. Get them to the website, get them by the office, have them give me a call, but move forward, that we have a step-by-step process or action that we can take so people aren't dismissed or it's -- you know, moving forward, that there's going to be information, there's going to be data and we can educate those neighbors on those concerns through the process as well. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Hi, Mr. Jones. Earlier on in your statement you indicated we replaced the blaster. I thought I heard you say that. MR. JONES: Yes, sir. COMMISSIONER MURRAY: Could you tell us why that you did that? MR. JONES: Our new operator had a better relationship with this blaster. It was their choice. Very well known. He's here today. Very well known family, been doing blasting. They do a majority of blasting in the area. You know, part of that process was working through reducing those charges, figuring out a different way, whether it be pattern, whether it be pounds per delay, whether it be number of holes and working with that operator. And as Jeffs graph showed, those reduced levels the last two months since this new blaster's been involved in the operator are dramatic. COMMISSIONER MURRAY: Could I conclude from your statement then that your response, that the prior blaster may not have had as good a skill or competency as the people? More expertise? MR. JONES: I wouldn't say that. They were very competent, very -- it was more of just a relationship with the actual operator out there. I mean, that's kind of the hand-in-hand relationship on how the activity is conducted. That blaster is very important. And it's who that operator has a relationship, feels a little more comfortable with, not as opposed to anybody being incompetent or deficient in their abilities. COMMISSIONER MURRAY: So you're saying there's no consequences as a result of changing from blaster A to blaster B? MR. JONES: No. I mean, there wasn't a reason, other than just the relationship with our new operator. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Thank you, sir. MR. JONES: Thank you. CHAIRMAN STRAIN: Mr. Tyson, are you-- MR. TYSON: I'm going to do it. I'm going to conclude. But I needed to say-- CHAIRMAN STRAIN: Are you going to conclude now or do you still want rebuttal time? I'm sure -- MR. TYSON: We still need rebuttal time. CHAIRMAN STRAIN: You guys are-- MR. TYSON: But I need to get one thing on the record. Page 34 161 183 August 2, 2007 If you would -- first of all, you have a recommended approval from your staff. But I would like you to turn to Page 6 of that report to paragraph six. It was a comment that came from the EAC. It was a recommendation that got placed by the EAC. We objected to it at the time because first of all we have a sizeable lake. We just didn't have enough time to sit there and explore alternatives and options. Nonetheless, it got into the report. What we would like to do is modifY -- and with stafl's approval, which we believe we've already communicated with and have that, to swap out the language of paragraph six and provide the following: We will provide a 5.3-acre littoral area suitable for wading bird habitat within the created lake. Construction oflittoral area will commence no later than two years from the approval of the conditional use and be finished within five years of said approval. So the basis for that is the fact that one of the comments that came in is we have a number of ditches that exist within the entire Phase 2 area. And if you took the lineal footage of those ditches and you multiplied it by an average width of five feet, you would come up with about 5.3 acres. We would recommend that that location be placed in that southeast corner. And it will do two things: One, it will concentrate, along with another preserve, all of those preserve activities in one zone. And then secondly, it will mean that blasting will not need to occur any closer to the residents than __ just continue to back it out, we'll put in that location, and it will make that smaller of an impact in that location. Like I said, we do have staffs report -- or agreement on that, and I will -- I'm sure that they will talk to that and give you any specific feedback that you may have. CHAIRMAN STRAIN: Mr. Tyson, let me understand this. First of all, you can't amend an EAC's recommendation. You're proposing an alternative to the EAC in response to us? MR. TYSON: I'm suggesting that we change your staff report to-- CHAIRMAN STRAIN: Well, you can't change the staff report that dictates an EAC recommendation. So let's take that off the table. I don't know how you can do that unless the county attorney wants to correct me. So first of all, we have an EAC recommendation. It stands as it's written. MR. TYSON: Correct. CHAIRMAN STRAIN: You want to offer an alternative to that for us to recommend in lieu of that particular one. MR. TYSON: That is correct. CHAIRMAN STRAIN: Your alternative, though, seems to take all that orange area, which is the perimeter of your Phase I and II excavations, and focus it into the green area in the bottom; is that right? MR. TYSON: That's correct. CHAIRMAN STRAIN: So you're eliminating how many lineal feet of eight-to-one slope throughout the entire hundreds of acres to a small concentrated green area in the bottom south corner? It doesn't seem equitable. MR. TYSON: Well, first of all, the way in which -- this will not be a water management lake. The plans that were sent to the county show a four-to-one edge or slope coming off to 10 feet out, or to a depth of I 0 feet. Go out 40 feet and then down either at a two-to-one or lesser slope, depending upon whether you're in rock or not. There is no requirement for littorals that exist within this lake at all. This was a suggestion that came, or a recommendation that came from the EAC, with no factual basis and no specific requirements to place it there. CHAIRMAN STRAIN: Well, I'm not sure -- you mean this was never discussed, it just was added and you guys just sat there and let it happen and never commented on it? Page 35 161 1 t:l3 :!..ugust1, ~007 MR. TYSON: We objected. CHAIRMAN STRAIN: Okay. What was the discussion in suit as to why the EAC then over your objections recommended it? Did they offer anything? MR. TYSON: They thought it would be nice. Serious. And that was it. CHAIRMAN STRAIN: You know, a lot of these pits are used for residential after they're completed. MR. TYSON: That is correct. CHAIRMAN STRAIN: And the littoral zones along the shorelines of residential certainly is a lot better than a mining pit's residue. MR. TYSON: Well, the one thing you typically get when you have water management lakes is you have the opportunity with a water use permit to vary the -- or add to the levels of those lakes in the dry season. Here we're not going to have a water use permit because this will not be a water management lake. We have situations that we can -- we've documented, as Mr. Murray indicated, that we can -- we found that there's a potential of up to five feet. Probably on the average somewhere between two and four feet annually fluctuation. We don't believe we could keep littorals growing. And consequently we would just be throwing money away in order to do this, and not have a good solution in the long run. CHAIRMAN STRAIN: Down the road when this becomes a residential development with a huge lake as an amenity, such as the Mule Pen has for Heritage Bay, the lakes then are used for water management, aren't they? MR. TYSON: No. CHAIRMAN STRAIN: They're not. So Heritage Bay is not used for water management? MR. TYSON: I'm quite sure it is not. CHAIRMAN STRAIN: I wonder where they're putting all their water. MR. TYSON: Well, they have a series oflakes within the community. CHAIRMAN STRAIN: Okay. I've got their old records, I'l1 take a look. MR. TYSON: I'm quite sure that's the case. CHAIRMAN STRAIN: Any other questions ofMr. Tyson? COMMISSIONER MURRAY: You hit what I was going-- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Thank you, Mr. Chairman. No, you hit what I was going to ask. CHAIRMAN STRAIN: Thank you, sir. MR. ANDERSON: Thank you very much for your patience. I want to tell you on the record that we had planned to hold a neighborhood information meeting before this goes to the county commission, and we commit on the record here today to do so. CHAIRMAN STRAIN: Thank you, sir. Oh, Mr. Caron's got a question. COMMISSIONER CARON: I do have one more for Mr. Tyson. In your letter to staff, making the changes here that you want, you're suggesting here no more than 24 seconds of initiation of blasting per month. But that's also a change from three seconds per blast. What happened to three seconds per blast? MR. TYSON: Well, the way -- there was -- you could look at a whole series of criteria in which they came out of that. I don't have it in front of me, but let's see how close I get. We had eight times per month. We had no more than three seconds per blast. And that was it. Those were the criteria. We didn't have any limit on the number of holes, and it was strictly looking at eight times and no more than three seconds. Page 36 161 18 August 2, 2007 So we looked at that and said okay, that's 24 seconds of actual blasting time, and we don't want to increase that. So while we are asking to increase the number of blasts, we will not increase that period of initiation of the blasting any more than is already requested or mandated. And because of the average number of holes that we get to winds up being somewhere in that neighborhood or could be somewhere in that neighborhood of 1,680 per month, we don't want to exceed that. We put a maximum on that. And we've also capped the number of holes that could be blasted at any one point in time at 110. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Bruce, what activities are occurring on the site to support the recommendations and conclusions of the archeological report? MR. TYSON: Boy, it's been a long time since I've been back in there. Would you please-- COMMISSIONER SCHIFFER: It states his three -- first of all, it requires monitoring, mitigation. The report states that this could be the location of Fort Dunn. Is anybody paying attention to that? Are you aware of that? MR. TYSON: I am not. Quite frankly, I have not seen that. COMMISSIONER SCHIFFER: Okay. So it's not being -- no one -- there's nothing, no monitoring, nothing going on out there? No one's aware of the fact that there could be -- yet they did find archeological sites out there. MR. TYSON: Andy Woodruff from Passarella & Associates. MR. WOODRUFF: The only records that I'm aware of that were mentioned in the report, and that's part of the EIS document, there was a pre-historic --I'm sorry, not prehistoric, but an old hunting camp that was located in the woods west of the proposed mine area. And then an old tramway that ran across the property that was used as part of the old logging railway that ran on the east side of the proposed mine area. I don't believe that they ever had any evidence that this was -- COMMISSIONER SCHIFFER: But I mean, Page 32 has a lot more concerns than that. Anyway, if you don't have an answer, let's move this hearing on. But I wouldn't mind somebody paying attention to that conclusion. CHAIRMAN STRAIN: Mr. Schiffer, I think if there's any kind of motion made, we could make sure that something is there to address it. Okay, Melissa, finally, we got to your portion of it and then to the public after you. MS. ZONE: Thank you. Melissa Zone, principal planner with the zoning and land development review department. The subject property, as the applicant's mentioned, is designated on the future land use element. The agricultural rural fringe mixed use district is currently zoned agricultural with a mobile home overlay. Based on the Growth Management Plan, the Future Land Use Element, this is consistent with our Growth Management Plan, as well as the requirements that -- and regulations that are within the LDC, as well as Article 55 of our code ordinance regarding to blasting. I'm going to keep it brief just to reiterate a few things. One of the things which discussed and staff received it this morning was the littoral area and the EAC recommendation. Staff plans to keep the EAC recommendation to the Board of County Commissioners, but staff reviewed this and someone from the environmental service department, Susan Mason, who's been reviewing this project, will come up to talk about this with our planning commission today. And if the planning commission agrees to this alternative, then I will put that into my executive smnmary. So I'm going to defer to you for this. The other part was Mr. Anderson brought up about regulations that are in the explosive ordinance Page 37 16 1 8? - August 2, 2007 that pertain to the permit and that have to do with staffs recommendation that the Board of Commissioners can revoke, or the Board of Zoning Appeals can revoke the conditional use if there is just cause founded through an investigation process. The explosives permit talks about they would have to go through code enforcement, they'd have to have hearings. It's a longer process. So one talks about revoking the permit, the other talks about the conditional use. I just wanted you to understand the two differences. But the applicant went -- and the littoral shelf with the EAC, that is not an LDC requirement. We have to look at the application of how it stands today and what the use is. We can anticipate that it will be a development, residential development, but that's not set in stone, nor is there confirmation on that. But what the applicant did do -- on this map the applicants went and they put a wetland preserve up here, which is 27.5 acres. Then we have up here, and it's hard to tell, but on here in this area there is 110.9 acres of a gopher tortoise preserve. And so the applicant has gone and put that land, and they're going to put those as preserve to the county. And then there's Susan Mason from environmental who had some comments as well. But before I bring her up, if you have any questions from me, I'd be happy to answer. CHAIRMAN STRAIN: Any questions of Melissa before we hear -- go ahead, Ms. Caron, then Mr. Midney. COMMISSIONER CARON: On the Collier County conditions of approval, your Exhibit A, number five which is on Page 104, says the proposed use shall not adversely increase the quality of water runoff. And the comment here is use of the facility is limited to only mining activities. All surface soil has been removed from the area designated for blasting. Storm water runoff quality has not been affected because the excavation area has not grown in size. So are you saying that stormwater runoff quality will be affected with an increase in size? MS. ZONE: What the condition of approval from 2006 was, that if -- they have to make sure that there is no increase of the quality of water runoff, period. So -- and they had agreed that they would contain it. But that was -- it was a real strict basic they cannot do it. And staffs recommendation was to have the conditions of approval from 2006, as well as what was from reso -- the condition of approval from 1999, incorporate all of those. Those of the more restrictive would apply. And then the addition one was for the conditional use to be revoked if there was just cause, as well as the EAC's recommendations. COMMISSIONER CARON: So what you're telling me now is that it doesn't have anything to do with the area, it just has to do with a restriction placed on them that no matter what they do, they have to maintain the quality. MS. ZONE: Correct. COMMISSIONER CARON: All right, so -- MS. ZONE: So that's why it wasn't as lengthy, or as -- it kept it as the quality of the runoff of the water. That they could not have any adverse impacts on that. COMMISSIONER CARON: Ijust think we need to be specific when we're writing these things as to what we really mean. And the only reason in the old one even was not just because it hadn't -- the lake size hadn't grown, the real reason is because there was a restriction placed on them that they cannot de-grade. MS. ZONE: Correct. And the 1999 was provided to the Board of County Commissioners -- COMMISSIONER CARON: I understand. MS. ZONE: The conditions of approval for the 2006, the board went over each and every one of them and then modified them to what they requested. Staff followed the board's decisions. COMMISSIONER CARON: Right. No, Melissa, all I'm trying to get at is if one were to read this Page 38 1. 61uguJ2~2~7 and take this at face value, then I would have to say that this expansion was probably not a good idea. Because it says here that the reason that this water quality hasn't been affected is because the excavation area hasn't grown. Well, the whole deal here is to grow the excavation area. MS. ZONE: Right. If there is something that you would like staff to present to the Board of County Commissioners that you feel that we can make number five that talks about the increase of the quality of runoff, certainly I would be more than happy to put it in the executive summary. But again, these conditions of approval were based on the Board of County Commissioners' conditions. Also, I wanted to just to state for the record, there was the neighborhood information meeting. And when they had the neighborhood information meeting in 2006, it was advertised that this was a two-part application. The first part, and they talked about the blasting within the permitted lake boundary. And then at the information meeting they had requested to go to 65 feet. With the planning commission, that recommended not to go below 45, and then staff put that in as a recommendation and the board agreed to it. But the advertisement at the neighborhood information meeting, as well -- that went in the newspaper, as well as in the letter talked about the 65 feet, but that this was two phases and that they would be coming back within a year. And that was in the title. So all the residents who lived there prior to today's meeting were aware of -- that this was a two-part neighborhood information meeting and that they would be coming back. And I was at that meeting where WilsonMiller and the applicant went in and showed the expanded area. And then they readvertised it as the expanded conditional use. CHAIRMAN STRAIN: Okay, Ms. Caron had asked the question. MS. ZONE: Yes. CHAIRMAN STRAIN: She really didn't get an answer. You asked her to re-language it for you, rather than understand what she was trying to say, so let me try to give you the language. Where it says the paragraph beginning with stormwater. Why don't you suggest as a suggestion, use stormwater runoff quality should not be effected with the proposed excavation area expansion. That covers it, if it's a true statement. Staffs the only one that will know if that's a true statement. And I think that was what she was trying to say. MS. ZONE: Okay. Well, I was under the impression when she was talking about number five, so I was sticking with the conditions of approval and not what was in the staff report. But I'm more than happy to modifY that. CHAIRMAN STRAIN: If there's no objection to that, maybe that's a suggestion-- MS. ZONE: No, that's a very good suggestion. CHAIRMAN STRAIN: Mr. Midney, you were next. Sorry. COMMISSIONER MIDNEY: That's okay. What was the vote on the environmental -- te EAC? I always like to see when this presented was it a close vote, was it, you know, unanimous or whatever. MS. ZONE: It was unanimous. No, wait a minute, 6-3, my mistake. I'm sorry, and I will make sure that I always put that in. I should have. COMMISSIONER MIDNEY: I always like to see that. MS. ZONE: No, I should have. And I'm very sorry about that. And it's probably a good segue for Susan Mason to come up and speak, unless there's something about the land use portion ofthis. Any other questions? CHAIRMAN STRAIN: Yeah. You've got to give me a minute to get there. Mr. Midney wasn't finished. So let him finish. Page 39 16 1 B) - August 2, 2007 MS. ZONE: Sorry. CHAIRMAN STRAIN: And then Mr. Schiffer, did you have a question afterwards? COMMISSIONER SCHIFFER: It was actually answered already. CHAIRMAN STRAIN: Go ahead, Mr. Midney. COMMISSIONER MIDNEY: On condition number eight of the EAC that the monitoring of the water table in the adjacent site wetlands be done, what was the rationale for that? Because our hydrologist indicated that that wouldn't be impacted. MS. MASON: Good morning, Commissioners. For the record, Susan Mason with Collier County Environmental Services Department. That was one of the items I did want to discuss with you. I'm actually meeting this afternoon, that was the soonest I could arrange it with Mike Duever of the South Florida Water Management District, because I did have some questions about that. I had been in a meeting with both DEP and Florida Wildlife Conservation Commission staff discussing excavations and their effect on adjacent wetlands. And it was attributed to -- CHAIRMAN STRAIN: You need to slow down, Ms. Mason. I can tell Cherie's got to type as fast as you talk, and that would be real hard right now. MS. MASON: No problem. That the effects of a 35- foot lake can be up to 20 -- excuse me, 10 miles away from the excavation. And I had sent Mr. Deuver an e-mail asking for clarification and was that indeed the case, it was only attributed to him by other agency staff, asked for clarification on that and was this only during excavation, dewatering, or was this a long-tenn impact. And he requested that we meet. He said he had a lot of information to show. So I can't really give you a clear answer now, but there are impacts to adjacent wetlands from -- by excavations. I just don't at this point know. I can come back to you with more information. And as soon as I get the results of that meeting, I'l1 be happy to share --I'll be sharing it with Melissa Zone with the zoning department so she can include it in her summary. But there are impacts to adjacent wetlands. One of the things I wanted to clarifY, too, it was stated earlier, and at least it wasn't clear to me, that this was one of only -- there was only one other excavation in the area. And that may be true for the rural fringe, but it does not apply to the rural land stewardship area. I know of at least three other conditional uses that are in the house under review for large commercial excavations. So there are other parts of the county that are being evaluated for commercial excavation. I did want to comment also on the just supply littoral proposal to replace the edge littoral of an eight-to-one slope with the almost equivalent of5.3-acre littoral area. I did want to confirm that there is no littoral requirement for a lake like this for commercial excavation. If the use is changed to a stormwater management lake, it is correct that they'll have to come into a littoral planting shelf and the rural fringe is actually 30 percent of the lake area at control elevation, which is a large amount. There is an ability to mitigate for that in other ways by up to 50 percent. So they'll have to have at least -- if these lakes were converted. But if they're not converted to stormwater management, there would be no requirement for the county to require littoral planting shelves. I did review some of Heritage Bay and they don't use those lakes as part of their stormwater management and they don't have a littoral requirement for the county. That's also part of their PUD document though as well. Staffs evaluation of the littorals was strictly just on our knowledge of the functioning oflittoral shelves and their value. Since it's not a county requirement, we would just actually -- I had talked with Bruce Tyson before the meeting about it and suggested a larger area like you see on the monitor would be better wood stork foraging habitat, and that would be one of the things that we would suggest. And also to Page 40 161 lB'? August 2, 2007 create an undulating type shelf that would allow for ponds to be created as the dry season goes, because wood storks use those a lot. So those would be a couple things that we would suggest. And also I had discussed with him the possibility of including an update on the littoral planting shelf areas as part of the wetland monitoring reports that he was going to supply to the county every six months, and they had agreed to that as well. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Yeah, do you agree with their math that 5.3 acres is the appropriate amount? MS. MASON: I did receive this early this morning before I came to the meeting, so I have not seen any maps where they measured out the amount of existing swales, so I have no way of confirming whether or not it is. COMMISSIONER MIDNEY: And as a final comment, this calculations about number eight about the monitoring of the water table and the necessity of that, that will be in time for the Collier County Commission, but it won't be in time for us, I assume. MS. MASON: Well, they'll be starting that once the excavation permit even got approved, I would imagine. I mixed up my sheets. I'm not exactly sure how it was with worded. But they'll be doing that every six months for the period of time. And we'll get copies of it. And the EAC asked for copies to be forwarded to them for the results. So I think this will help address some people's long-term concerns about excavations and their effects on wetlands. And that was the EAC's intention on getting this information. COMMISSIONER MIDNEY: And what ifin fact it does turn out that there's a significant effect. Is there any mechanism for addressing that? MS. MASON: That condition that the zoning department had put in about this going to the Board of Zoning Appeals might be a route that we could use. MS. ZONE: Yes. COMMISSIONER MIDNEY: So there is a mechanism. MS. MASON: Yes, sir. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Hi. Good morning. In your just finished recitation, there are a whole series of things that you referenced. Ijust want to be clear, some of them you indicated that they have agreed to. But I thought I might have heard some things that you introduced. Was I in error? Is everything that you recited and agreed to an arrangement with the petitioner? MS. MASON: They did when I spoke to them earlier. The shelf to allow for wood stork habitat, I spoke with both Andy Woodruff and Bruce Tyson and they said that it was their intention. COMMISSIONER MURRAY: That's the ponding. MS. MASON: Right. And the concentration to a large area, I hadn't seen this map before the meeting, but they said that's what they intended to do. So I don't know of any objections to any of the things I told you about that. COMMISSIONER MURRAY: Okay, so we would have to have a confirmation from them that that was the case. Thank you. CHAIRMAN STRAIN: Ms. Mason, were you at the EAC meeting? MS. MASON: Yes, I was. CHAIRMAN STRAIN: This concern that was expressed to us about the slope and tl1e littoral zone plantings not surviving around this lake and all that, if the EAC made this recommendation and you were Page 41 16 18~ August 2, 2007 there, why wouldn't they be told that what they were suggesting was impractical, if it is? MS. MASON: Well, they did not come up with an alternative suggestion of one large area of an equivalent size at that meeting. It was -- CHAIRMAN STRAIN: That's not my question. I'm going to try to limit this discussion back to the question, because we're taking a lot of time. The comment made by Mr. Tyson was that the littoral zones put in the way that number six states in this document would not survive and that they'd be a waste of money. When the EAC recommended that, was that told to them that this would not -- that there's no survival possibility here, it would be a waste of money? I don't want to suggest something is impractical if it isn't. I'm trying to get to the bottom line of it. MS. MASON: I don't recall any discussion about whether or not they would survive or not. The eight-to-one slope is actually -- was a relatively recent change in the littoral shelf planting. They used to be much steeper. And a flatter shelflike that does encourage their survival. It would need to be placed appropriately according to the dry season and wet season water levels and that area. It's not a matter of them -- you know, they could have a higher berm around the outside and then go eight-to-one there and it's never in the water. It would have to be based on the control or the high season water level of that lake. CHAIRMAN STRAIN: Do you agree with Mr. Tyson's statement that the littoral zones based on number six in the way that was requested by the EAC would not survive? MS. MASON: Not entirely. If they were placed at the correct elevation for the lake, I believe the survival would be reasonable. CHAIRMAN STRAIN: Thank you. And you had said something earlier that being in the rural fringe, had this lake become a water management lake, or if it was utilized or shown to be a water management lake from the beginning, they would have required -- did I hear you say 30 percent of the lake surface area as littoral? MS. MASON: Yes, that is the requirement for rural fringe. Everywhere else in the county it's seven percent. CHAIRMAN STRAIN: Okay. I can't remember the acreage here, but it's hundreds. So you're looking at a lot more acreage than that little green spot on the south side, are you not? MS. MASON: Yes, if they did convert it to water management. CHAIRMAN STRAIN: Okay. And in lieu of that, the EAC suggested doing the perimeter littorals, I would assume, because they can't enforce the other one without saying no excavation, basically, because if you have a littoral, you're not excavating. MS. MASON: Right. And that is only for -- I know it sounds like I'm repeating myself, and I am, but it's only if it's a stormwater management lake, not commercial excavation, or merely a lake existing for whatever purpose it's existing-- CHAIRMAN STRAIN: Littorals also have -- they serve a dual function, I would think. Number one is for habitat. Number two, they are a safety zone for people, if they fall in a lake it's a little easier to crawl out in an eight-to-one slope than it is a four-to-one or even a three or a two-to-one. MS. MASON: Yes, it is. That was part ofEAC's discussion, too, was a safety for if and when the project use has changed, that there was a safety issue as well. CHAIRMAN STRAIN: Every mine that I've -- I mean, I've been in this county 30 years, I never thought the Mule Pen would be sold for lakeside housing and its amenity. And I'm sure that when they started excavating that, maybe they hadn't thought of it at the time. But seeing as how that's going to end up especially a place like this, the potential is more than likely it certainly seems wise to have a better cut lake than one just cut for mining purposes. MS. MASON: Just something to consider, too, with my history with code enforcement, though, Page 42 1 ~u~ust 1 ~o~ not all residents think that littoral zones between them and their view of the lake is a good thing. CHAIRMAN STRAIN: What does that -- what is a harbor where the Statute of Liberty, I'm sure there's no littoral zones up there either. Thank you. Are there any other questions of staff before we have public testimony? (No response.) CHAIRMAN STRAIN: Okay, Ray, do we have any public speakers? MR. BELLOWS: Yes, we have three registered speakers. The first is David Dupree (sic). CHAIRMAN STRAIN: Mr. Dupree? MR. BELLOWS: Purdie, excuse me. CHAIRMAN STRAIN: When the speakers come up, you have to identifY yourself to the microphone before you get into your presentation. And you have -- I'd like to ask you to limit your time to five minutes. And for those of you that have walked in and were not sworn in, you need to tell us that as you approach so we can swear you in. Okay, Mr. Dupree, you're first. MR. PURDIE: It's Purdie. CHAIRMAN STRAIN: Purdue, I'm sorry. MR. PURDIE: Okay, I'll do my best in five minutes. It's going to be tough. CHAIRMAN STRAIN: Well, do the best you can, sir. MR. PURDIE: Okay, as far as our discussion about the pictures, which you told me to go back to and look at, if you look at the pictures, they're very vague. If you look at the documentation, it's very vague. If you go and look at the house, it's something else, too. It's a totally different picture than what's on the documentation and what's on the disks. So right then and there, you've been in my home, Mr. Damon Jones has been in my house, Mr. Bill Russo. The reason why I called is that crack in the back bedroom, okay. That is not something that started -- that happened all at once. And this is my opinion, it wasn't there on the pre-blast inspection. This is a letter that I sent to the Board of Commissioners on November 19th, okay. I've been in my house three times when the blasting occurred back in the fall. Now, I'm not judging what they're doing now. The date in question, November 29th, okay, I was home that day. And this was -- you know, I gave this to the Board of Commissioners, it's on file, okay? About a week later -- I waited a week before I called to make the complaint. Because if! called anybody -- I had to calm down a little bit, because if! called anybody, I don't think they would have really liked what I had to say. Anyway, one thing I want to bring up, okay, when he was showing these little seismograph things, I went over the date. Is that every date that's on there? CHAIRMAN STRAIN: I'm sorry, but you won't be able to cross-examine the -- you have to ask us, and we -- during their rebuttal they can address your questions. MR. PURDIE: Okay, I'm sorry. CHAIRMAN STRAIN: You can't have dialogue going back and forth. You'll just have to direct your questions to us. MR. PURDIE: Okay. Those were each individual dates, right, that were like -- CHAIRMAN STRAIN: I checked that. I have the log right here, and I looked for individual dates that they referenced on those sheet. They clumped some of the dates together. So for example, the one on October 16th, I don't think there was one on October 16th. It was a couple days before, or items like that. So I don't think every date was reflected individually on their charts. Page 43 16 lIB' August 2, 2007 MR. PURDIE: Because the point that I'm trying to bring up is when I went in front of the commission in February, that November 29th, the one that I was home for, they said that was the highest blast level that there was measured. MR. SCHMITT: Commissioner, I have the chart. Ray, can you pull that out a little bit so they can read the headers -- CHAIRMAN STRAIN: I do, too. MR. SCHMITT: I just want to put that on the visualizer so the others can see that as well. Just to note that I had -- we have one from -- an inspector from our engineering department, and this happened to be Dick Role -- that was out there at the time of the blast. CHAIRMAN STRAIN: That's the most pounds per hole they had. So part of it is the highest. MR. PURDIE: Okay. So after I was home and had the pleasure of going through that, about a week later I noticed the crack that you and Mr. Russo and Mr. Jones seen. Now, I had -- the people that built my house, I had them come and look at it, and I'm not going to put words in anybody's mouth, but nobody's going to go on record saying whether that came from blasting or not. So I'm in a tough situation here. But if I go ahead and I fix my home, it's going to cost a couple thousand dollars, okay? Fix cracks, fill cracks, whatever they got to do. What happens if -- let's say they give you a warranty for like five years before you have any type of, you know, problems that you're going to see again and all of a sudden these all come back within three months. Am lout of 2,500 bucks or two grand? Now, Mr. Jones did offer to pay for this, which I thought was a very noble gesture. But he didn't cause this problem. The guy who did this up and left. That's wrong. And I hear that this is going to be six years, eight years. What is it? I hear 10, 15. What's it going to be? Can somebody give us a number here? Because this is a long time to keep playing this game. This is one merry-go-round I want to get off. And when we do have complaints and we do -- and I think Mr. Jones hit the nail on the head. There has to be somebody that the complaint goes directly to, it gets looked at and it's taken seriously. Not everybody is looking for money, okay? Because I could have had the guy come out there and do something that he didn't do and pay for it. Why? I'm not that kind of a guy, I'm not going to do that to him. But down the road, if this keeps occurring, you know, what are you going to do then? I mean, let's face it, this is Naples, Florida, this isn't 10 years ago like when I moved down here. Nothing is cheap anymore down here. And the other thing is when you do get somebody, whatever happened with Tallalmssee? Because I'm still waiting for them to call me, okay. And then when I call somebody from the engineering department who hasn't even been in my house, okay, hasn't even seen the crack wants to sit there and tell me that's normal settlement. You didn't even look at it, how do you know? I mean, I don't know what to do here anymore. I don't want to keep playing this game. It's no life to have. If they say they're going to do what they're going to do and they keep the vibrations down and not shake the house, that's fine. But if you think this is a strong selling point if I wanted to sell my house and get out of this neighborhood, who am I selling it to? Okay, in a market that is done down here. And I'm not trying to get -- you've got to understand, I've been through a year of frustration. You think it's right for a taxpayer to get passed off from phone to phone to phone. And if TallaImssee's in charge of this, thank God I wasn't drowning. CHAIRMAN STRAIN: Can't say I disagree with you, sir. MR. PURDIE: All I ask for is that local government be in charge of this, we'll work something out. Me and Damon talk a lot lately. He's a very nice guy. I think he's getting -- you know, wants to get something accomplished here, okay, and cut down a lot of the -- I can't use that word. Cut down a lot of Page 44 16 I 1 B'1 August 2, 2007 this stuff that you have to go through to get through certain channel. And let's face it, if! didn't rattle people's cages, a lot of this would be overlooked. Not that I'm looking for a pat on the back, but I did a lot of cage rattling this year and it caused me a lot of aggravation. So personally I hope they move further north. Because the quicker they get away from my house, the less they're going to have to talk to me. But I don't want to push that burden onto a neighbor up there. CHAIRMAN STRAIN: Well, hopefully after today's meeting we'll see -- we'll either get you some help or we'll try. We'll just see where we go from here. MR. PURDIE: I'll take care of my own house for now, okay. What I'm saying, down the road. I've had people basically tell me that this is normal settlement. I'll buy that for now, okay? But if I go and I spend whatever it cost to have all these cracks fixed and everything else and this keeps coming back every three months, sorry, man, we're in a real gray area of what we're going to do out there. CHAIRMAN STRAIN: Okay, Mr. Schiffer? COMMISSIONER SCHIFFER: Just a quick question on your house. Is your house built up on a mound and probably a monolithic slab? CHAIRMAN STRAIN: Yes. COMMISSIONER SCHIFFER: Is your house -- these kind of cracks you're talking about, are they cracks in the finishes or cracks in the structural -- CHAIRMAN STRAIN: Well, you how a block stepped crack is where it follows a line? COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: That's what it's doing in some areas. In some areas it's cracks where the stucco joints meet at the window sill, some on top of the window -- couple areas like that. Some of them are on the pre-blast survey, but we didn't have time to check to see if they all were. So it's a combination and there is some -- I mean, the fact that some ofthem were there before the pre-blast would indicate that it's a natural occurring issue because it happened before the blasting. But there are some that may have increased or widened since the blasting occurred. MR. PURDIE: And-- CHAIRMAN STRAIN: Go ahead, sir. MR. PURDIE: And there's really -- like I said, when you referenced the pictures and the documentation, it's really hard to determine what it is from then until now. You know what I'm saying? So right off the bat, my case is shot out, you know, I'm done. Because I really don't have nothing to compare it to. So basically ifthere's blasting out there, I got a set of pictures that do me no good if it ever came into that I had to prove something. COMMISSIONER SCHIFFER: All right, thank you. CHAIRMAN STRAIN: Thank you, sir. MR. PURDIE: Thank you. CHAIRMAN STRAIN: Next speaker, Ray? MR. BELLOWS: Kathleen Raimondi, to be followed by Randy Bourbeau. MS. RAIMONDI: Good morning. First-- CHAIRMAN STRAIN: Ms. Raimondi, up here. You need to pull that speaker a little closer to you. Were you sworn in? MS. RAIMONDI: No. (Speaker was duly sworn.) CHAIRMAN STRAIN: You'll need to state your name for the record first and then go mead, tell us what you -- Page 45 16 r n Bj' 3 August 2, 2007 MS. RAIMONDI: My name is Kathleen Ramondi. First of all, good morning to everybody. And I want to say that I learned a lot from the presentation today. I really didn't think it would be this quite extensive. And I want to thank all the presenters for all the questions and everything from the board. The reason I'm here is because I don't want to see the expansion ofthe mining. I lived about a half a mile from a mine where I moved from two years ago, and I didn't expect to move down here and be another half a mile from another mine. When you talk about mining, you're talking about dynamiting. It's a word we're not using very much because it just sounds a little bit more impactful. I heard a lot of stats today and I heard a lot of details, and I guess I didn't realize on such a broad level how you were analyzing the water drop, how you were analyzing so many different facets of it. And it just sort of blotted out the questions. But the one thing I didn't hear well defined was the quality oflife that's going to be affected by the people that are there. And I would really hope that we're not going to be in Golden Gate Estates not cared about. Because that's the feeling I've gotten since I've gotten down here, that nobody really cares about the people of Golden Gate Estates. They're not on the Gulf of Mexico, they're not in the City of Naples, so they don't care about it. That's the feeling I'm getting. And let me tell you something, I've been there, done that, and I've earned the T-shirt from being near a quarry where I came from. And every single day we had lime dust all over our cars, lime dust. And it will rot away all your environmental surfaces. You can't wipe it off because it will scratch the windows on your car. Just things like that. The air you breathe down here, we value that. You know, it's 96 degrees today in Chicago and you know what the people said? It feels cooler in Miami than it does in Chicago. That's what a quarry will do for this area. Forget about the dump trucks that are going to access the roads and have so much traffic. Forget about the birds that they're going to destroy and all the other wildlife, what about the human life it's going to destroy? What about the quality of our neighborhood? We're already being sandwiched between a chemical treatment plant on one side and we're going to have a quarry and dynamiting and blasting on the other side. We need to think about a the lot of things. I respect the men who came down here and they have a purpose, but it's a commercial purpose. And they're going to be sort of trying to convince us about how much the aggregate is needed, okay. It's just like the United States, do we forget about the trade war so we can have the elections over with and let have China power over us? Do we look at the short-term or do we look at the long-term gain? Does the neighborhood here in this area mean nothing to anybody in Naples? Are we going to become Golden Gate a pseudonym as the pits of Naples? I really ask you to think about these things, because these are on the broader level. You're affecting a lot of people. Not just the homes and the cracks. And all ofthat's real. All of that's real. I had a seismograph put on my home where I used to live. And you know what? There's nothing a single individual can do. The people who come out with this, the people who show their concern, they're going to justifY it, they're going to rationalize it and nothing's going to get done. And you're going to have unhappy people. And is that what you want in Naples? The time of the day, most of the people are gone to work. The amount of complaints I heard that were registered today, that's very skewed. People aren't home, kids are at school. They come home, they find the cracks. They don't know what happened. Or they don't want to call. They don't want to complain, they're afraid. Page 46 161 1 B3 August 2, 2007 Justifying things because they're aging. Little comments about all these inconsistencies coming. Let me tell you, once they get their approval-- maybe the blasts are down right now. I've noticed a big difference. Let me tell you something, where I live, my windows and my sliding doors rattled almost right off of the track that they're on from the mining here, the dynamiting. You get your permit and you're going to push it and you're going to push it and you're going to push it. Why do we have to keep going back and policing people? It won't happen. And it's going to get pushed to the limit. So please, think about the bigger issue. Think about the people and think about our quality oflife and our neighborhoods. Thank you. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Thank you, ma'am. Mr. Murray? COMMISSIONER MURRAY: Ma'am, thank you for your comments. I would ask if we could to put up a map to show where you live relative to this petition. And if you could point out pretty much where you live, I would appreciate that. And I may not have heard, did you actually make a complaint regarding your home? MS. RAIMONDI: I have not. And I haven't really felt very comfortable coming in here today. COMMISSIONER MURRAY: Sure. MS. RAIMONDI: I feel as if! end up being the fall guy for a lot of people that don't want to speak up. I feel like the project that was denied out there in Belle Meade is going to push it up in the northern Golden Gate Estates area. And I think all of this is unfortunate. I don't want to stand out. I don't want to be singled out. I respect your wish. It's bad enough I needed to get sworn in and give my name. Everything is the truth. And it's going to be easy to look me up if you want to. But I don't want to be the scapegoat. I don't want to be the spokesperson for everyone else. All I can tell you is that the blasting and the dynamiting and the mining is an ugly thing. It's mean to the people that have to live near it. I really wish I didn't have to live near a chemical treatment plant and a quarry and a mining again in my life. It's as if it follows you around and you can't get rid of it. COMMISSIONER MURRAY: But then you're not going to show us where you live in that area, is that what you're saying? MS. RAIMONDI: I'm not on the southeast end. But where I live, I felt a huge impact of the dynamiting and the blasting -- COMMISSIONER MURRAY: I hear you, I'm just trying to understand-- MS. RAIMONDI: I heard it, I felt it, and it's real. And it's only a matter of time before the cracks start in all of our houses. And part of my house was finished off with nothing but sand instead of the regular type of soil it should be. And yes, I have a high pad on my house. So all of this is going to affect me. The air quality. I'm mainly concerned about the air quality. COMMISSIONER MURRAY: All right, thank you, ma'am. CHAIRMAN STRAIN: Thank you. Next speaker, Ray? And I think the gentlemen will need to be sworn in. MR. BELLOWS: Yeah, the last speaker is Randy Bourbeau. (Speaker was duly sworn.) MR. BOURBEAU: My name is Randy Bourbeau. I didn't get the -- we didn't receive the original preinspection form to know that there was a preinspection. I got the first notification. Page 47 16\ lB3 August 2, 2007 My wife works from home three days, sometimes four days a week. And she was hysterical that the whole house was shaking all over the place, the windows were shaking and everything, and a big cloud of yellow smoke was up in the air. We live off of 54th, all the way to the west. We're like the last house on 54th, which I believe is basically right about where we can sit there and watch the trucks go back and forth and the blasting and stufflike that. She has a -- she had to go to Fort Lauderdale to work today, which is where I usually go, too. But she has a list of every day that there was a blast, at what time, and has it marked down on the calendar. And -- gee, I'm a little nervous talking to everybody, so -- we even had people that came in and did our screen porch that when the blast went off came running into the house and said what was that. Because the whole -- and I didn't get to experience it myself until probably six months into it. And I was home one day and I couldn't believe it. It was exactly like one of those dump trucks ran going 40,50,60 miles an hour into the side of the house. Because the whole house, the floor and everything, does shake. And you do hear the windows shake. The closest thing I got to that was when we had the hurricane a few years ago. I'm in my house about three years. The builder had a warranty -- it's not my first new house -- on settlement cracks. And the main thing we looked at were for tiles that we have in about four or five areas of the house. They told us they will only come out one time and repair the tiles. So the best thing to do is to wait till the end of the year and have them come out one time, then you can get them all done. Because if you do them in the beginning -- so we watched the tiles very carefully during that first year, which was in -- we moved in in approximately April of2005. So I think that was before the blasting. At the end of that year we had about six tiles that had small little cracks in. They sent a couple of ladies over, took those out, changed those out and we were fine. We were very picky on making sure that there weren't any more. Since the blasting I have probably 20, 30 cracks throughout every tiled area. And the only way you can see these is because they're in the tiled area. My kitchen has probably -- and they go in every direction. Some of them follow the grout joints in the tile, some ofthem go right through the tiles, some of them go back and forth in three or four tiles. They're in my bathrooms, my front entryway, and also, like I said, in the kitchen. These -- they're not settlement cracks. These happened when the concrete -- I'm a licensed commercial pool contractor. I mostly do repairs on commercial and residential pools. I deal with settlement cracks in pools and broken pipes underneath decks all day long. We go to places where decks are beautiful and the person has a broken deck -- I mean, a pipe underneath the ground from the ground settling. I can break a hole in that concrete and there might be a foot of no ground under there whatsoever. There's no crack in the concrete. When the concrete is poured with the steel inside of it, it should be basically self-supporting. Again, I do a lot of work in Plantation area, where one of gentlemen said. They do have lots of settlement. You can look at something and say yeal1, that's settlement, where sand's washed out or something like that. But this is not settlement. If! wanted to take a strong piece of concrete and I want to break it up, you take a chipping hmer and you don't basically stick that chipping hmer and break a hole in there, you vibrate it until it slowly breaks down and starts cracking and falling apart. And that's exactly what they've done with the house. All the statistics and everything, these are cracks. If you were standing in my house, just like the lady and gentleman --like he was talking about, if you were standing in my house, like I said, the three times I was there, when the whole house jumps up and down where you would look at pictures from California where people's pictures were shaking and stuff like that. And my wife actually has pictures that she has to go straighten up afterwards. There's nobody here Page 48 16 I 1 B7 August 2, 2007 that could listen to these people for 45 years and would not say exactly what I'm saying. It's 100 percent my cracks are from the blasting. Now, it doesn't mean all of them are. I have lines in my garage where they actually after they poured the garage, they actually -- they put stretch lines in it so that the cracks would follow those. And I do have small cracks in those. I would tell you, they were there from the beginning, even before they put the walls up on the house. But once the tile people came in after that first year, there was no cracks. And these are much wider cracks. These are anywhere between an eighth of an inch and a quarter of an inch cracks. And they'll go for as long as the tile will go. And that's only what we see. We don't know once we pick up the carpet or whatever is in the house how many more cracks. And this house is only three years old. So my concern is that in the beginning when we were getting this blasting, my wife was calling down here to the county. Because she said, what do I do? I said, you've got to call somebody in planning and zoning. She called and called and complained and complained. And I came home one day, because she kept telling me nobody's coming, they said they can't do this, to call these people, do that. I'm not getting anywhere. I came home one time and listened to a message on my answering machine, which I asked her to save -- this was over maybe a year ago, close to a year ago and she didn't save. But it basically had someone from the county saying these are settlement cracks, there's nothing we can do about it, and that's -- and just the attitude of that person made me as angry as this man is. And I'm a very easy-going person except for when you tell me something that's wrong. And it didn't make any sense that the county wouldn't -- would leave a message like that that says, you know, that's settlement, there's nothing to do with it. And they never came -- the same thing, they never came and looked at it. And I'm now learning some phone numbers and some websites and all that kind of stuff like that so I can start this procedure as well. But I'm sure that every house settles to some point. But when you have everything that you can possibly see fixed and then within a couple of month period all of a sudden one week there's a new crack. I get down on the floor to clean up after the dog or something like that, I go, oh, there's two more over there. I mean, it's ridiculous. It definitely is causing damage to the house. It definitely will cause damage to concrete. Otherwise there wouldn't be these conversations if it didn't do that. So it's nice that everybody over there says it's never happened and none of their complaints are caused by the house shaking around and rattling and stuff like that. I don't -- that's not true. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Okay, Mr. Murray? COMMISSIONER MURRAY: I know you pointed, and I'd really appreciate knowing how-- would you estimate how far you are away from the blasting? Just an estimation. I know you can't -- MR. BOURBEAU: I'm probably -- I don't know how far you can see. I must be, from the blasting, less than half a mile, or maybe a mile, less than a mile. COMMISSIONER MURRAY: Less than a mile. MR. BOURBEAU: Yes, sir. I'm at the end of -- I can't see the names of these streets -- CHAIRMAN STRAIN: Sir. MR. BOURBEAU: -- but I'm probably right about-- CHAIRMAN STRAIN: Sir, yo, excuse me. MR. BOURBEAU: Oh, I'm sorry, you can't-- Page 49 16i IB3 August 2, 2007 CHAIRMAN STRAIN: No, you can't get recorded without being near that microphone. Thank you. MR. BOURBEAU: Near -- I don't know what street that is where that one complaint is, that little star or whatever that is where it says greenhouse or something. COMMISSIONER MURRAY: That's where they have the seismograph. MR. BOURBEAU: Okay. I am at one of those streets, either one below it or one above it. And I'm at that end exactly about where that seismograph would be. COMMISSIONER MURRAY: So you're fairly close to the -- MR. BOURBEAU: I'm very close. Like I said, I can sit in my front yard and look and see their trucks going back and forth. You know, in the beginning we didn't know what it was over there. And then all of a sudden of course more and more trucks and stuff. COMMISSIONER MURRAY: Okay. And you're there for what, you said three years? MR. BOURBEAU: Yes, sir. We moved there in April of2005. COMMISSIONER MURRAY: And no one -- you never received a letter, you never received a contact of any form whatsoever? MR. BOURBEAU: No, I did not. I got this one last month about this meeting and -- or a couple of weeks ago, and I made sure I left it on the table. And even, like I said, I should be working, I -- COMMISSIONER MURRAY: I may be in error, but in our last conditional use authority we had our stipulation that all property owners within a certain radius were to be notified, so you might have been overlooked. I'm sorry. CHAIRMAN STRAIN: Thank you, sir. I think we've -- anymore questions? (No response.) CHAIRMAN STRAIN: Sir, thank you very much -- Mr. Schiffer? COMMISSIONER SCHIFFER: Just one. Because it's important. You can see the trucks? MR. BOURBEAU: Yes, sir. COMMISSIONER SCHIFFER: So there's no berm blocking out your view of the trucks? MR. BOURBEAU: Well, you know how they build out there. They build this a little bit high. So when I'm standing in my front yard, I'm a little bit high. So no, there is a berm, but I can see over the top of the berm. Because a lot of the work they were doing in the beginning was where the trucks were driving up high. So I don't think there would be a berm that would be that high to be able to block that. CHAIRMAN STRAIN: Okay, thank you, sir. MR. BOURBEAU: Thank you. CHAIRMAN STRAIN: Before we continue, we're going to have some rebuttal undoubtedly by the applicant. There is going to be a lot more questions, concerns and comments. And it's getting close to lunch and we have another case today. And we need to provide Cherie' with a break, whether we take lunch before this is over with or not. So let's discuss that real quick amongst the board members. I know we're going to take lunch. Do you want to take a short break for the court reporter and for Kady, come back from that break, finish up this issue, then take lunch and come back up and hear the other one this afternoon? COMMISSIONER VIGLIOTTI: Yeah, I think that's a good idea. CHAIRMAN STRAIN: We potcntially could spend another hour on this one. It's up to -- if Lindy has to leave and we want to get through it, we've got to go by what the majority's going to be able to do, so COMMISSIONER ADELSTEIN: This has been enough. I will make sure I stay. Page 50 161 IBJ August 2, 2007 CHAIRMAN STRAIN: So as a plan of action, we'll finish this one up, we'll take a short break right now for 10 minutes, finish this up and then take a lunch break. So let's take a lO-minute break and we'll come back here at noon. (Recess.) CHAIRMAN STRAIN: I can tell some of the planning commission members alone are hungry. They're eating just about everything that isn't nailed down around here. Okay, we left off with public testimony, and the applicant had wanted to make a closing statement. And so Bruce, please, I have to ask you to keep it short. It's been a long morning. MR. ANDERSON: Thank you very much, sir. With regard to the last speaker, Mr. Bourbeau, I don't believe he's filed a complaint, so we haven't had a chance to go out and see ifthere's a factual basis for it. We would appreciate the opportunity to do so. He's said that he did not receive a notice of the right to a pre-blast. I'm not contesting that. All I will tell you, though, is that we got the list from the county, and we notified everybody that was on that list. We've heard a lot of anecdotal and emotional testimony by people who think that the blasting has caused damage to their house. There is a factual procedure to determine that. And we would simply ask that we be entitled and they be entitled to a factual determination on these questions and not, you know, an assumption that merely because we're blasting any cracks that occur are attributable to that. There is a procedure here in the county to determine that. And we -- you know, fly speck us and hold our feet to the fue in that procedure. There was earlier in a statement when -- in response to Mr. Midney's questions about the wetland impacts that left the impression that, you know, absent the county revoking the conditional use there was no remedy if the wetlands were negatively impacted. Well, that's simply not the case. The Water Management District can come after them and they can revoke the permit and/or require other remedial action. So again, there exists a remedy in place. And ultimately there was a discussion about the excavation ordinance requiring code enforcement action. There's no reference to code enforcement action in the excavation ordinance. A code enforcement action is one ofthree remedies available to a homeowner ifthere are claims of blasting damage. The other is Tallahassee, the other is the excavation ordinance itself if there is demonstrated blasting damage. Ultimately any kind of revocation of any kind of permit is going to require an opportunity to be heard and present factual evidence. So we're not going to be able to dispose of that by, you know, inserting a conditional use revocation procedure or requiring somebody to go through the -- to file a complaint under the excavation ordinance, or go to code enforcement. I mean, we can't get away from that, the Constitution requires that. And lastly, you know, you want a local remedy. That's what everybody says. But then when we proposed a local remedy that apparently some don't trust the local process to rectifY it or address it because it's administered by local government and they happen to be in the road building business with a separate department. The alternative is the remedy provided by the statute to go to the state. I mean, it's kind of a Catch-22. There are remedies available, let's use them. We're fully happy to subject ourselves to any of those that exist. And they all call for a factual determination. That's all we're asking for is the right to, you know, present and receive evidence in the proper forum as to whether the blasting caused the cracks. Thank you very much for your patience today. CHAIRMAN STRAIN: Thank you, Mr. Anderson. Questions ofMr. Anderson. I'd like to ask the panel, if you have questions, now is the time to ask them. And when we get into discussion and we close the public hearing, we should just limit that to Page 51 16 187 August 2, 2007 ourselves. Ms. Caron? COMMISSIONER CARON: Yeah, the last time you all were here we spent a long time talking about the additional turn lanes. When are those going to actually be built? I mean, where is that in the process, in the permitting process? MR. TYSON: That was one of the conditions of approval. And it was -- the request was that we cannot have any more than 800 trucks on the road on a daily basis, or place them on the road until that improvement is done. That improvement has been designed. It's being right now priced by the applicant to make sure that everything -- when we go for permitting, there's no sense of going back and redoing that. We're anticipating that that will be in place by probably the second quarter of next year. And obviously we still have to live with the no more than 800 trucks on the record. And if you notice in the report, I'm not sure whether you got the report that we had given to the county, but the maximum number of trucks that went out in the calendar year with that report that we did was 357. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And Bruce, you can answer this. The berm situation, is that being done with the intent of the conditions, do you believe? MR. TYSON: The berm? COMMISSIONER SCHIFFER: In other words, we had a requirement in the old conditions that the berm would surround the activities so that the neighbors wouldn't be visible to them. MR. TYSON: Yeal1, we need to talk about that a little bit, because quite frankly, that berm is in place. I was out there last Thursday, I saw it exactly in the place that we had shown it on the maps when we were here last year. The berm's in place. So, you know, there's some discussions that we need to follow up and find out if -- I can't understand why trucks are being seen through that. COMMISSIONER SCHIFFER: Well, he did admit that his house was raised and he was looking over the berm. The other question, last time you were here we also had a lot of problem with the noise of the equipment that would be crushing the rock. We heard no testimony today, so I guess that's a non-issue now, right? MR. TYSON: Well, first of all, obviously we've had a little lull in the activity from a standpoint of total number of what the volume of the pit could operate and do. The main -- all of the -- if you can picture this, all of the rock crushing is occurring virtually in dead center on that property. It's about as far away from anybody as it possibly can be. It's in Phase I, but it's virtually dead center in the property. I'll point it out. And then secondly, there's only one pump, and this is part of the process. And the operation that is being changed, only one pump is currently operating for dewatering. And it is down inside the pit. It has baffles on the side of it. So generally speaking, I don't believe there's a noise issue that is on a daily basis. We have heard no complaints about that. CHAIRMAN STRAIN: Any other questions? Mr. Murray, then Mr. Tuff. COMMISSIONER MURRAY: This is for Bruce Anderson. I believe I have the right party when I ask you this question. It appears that there's a confidence issue with regard to some ofthe neighbors in terms of will they be dealt with properly. Mr. Jones has indicated he's eager to receive the complaints and work with people. We've heard testimony that the county, some county staff may have been unresponsive or responsive in a Page 52 16 iAuglt8,1007 way that was dissatisfactory. You early in your statement opening indicated that, you know, you would be open to some kind of alternative to satisfY the needs. I don't have a good suggestion, per se. My thought would be -- my first thought would be would you be willing to hire an engineer that were selected by perhaps by a number of residents and be willing to pay for that engineer. That would give them the sense that they had control over their destiny, and you would prove your point that you were doing the right thing. Is that anything near that, something you would entertain? MR. ANDERSON: We would just want to make sure that the engineer is qualified. COMMISSIONER MURRAY: Well, you would not be excluded from the process. I would think that in my, again, first thought, this needs to be qualified, my thought was if there were a group of people who could agree that okay, you folks have the technical skill, they would have to -- the engineers themselves would qualifY that to those persons, and that they would be satisfied that they picked from a number, and essentially that engineer would be working for them, and information obviously would be given to you, and it would be ultimately a collaborative effort, but initially it would satisfY residents' needs to build confidence that what is happening is real. And then with that sense of control, they would realize something, and you would realize what realities are, too. So does that make sense? MR. ANDERSON: Yes, sir. And we're willing to do that. COMMISSIONER MURRAY: Well, thank you. CHAIRMAN STRAIN: Mr. Tuff? COMMISSIONER TUFF: I just had one. I hadn't heard it addressed except the plumes and the smoke and dust. I hadn't seen anybody -- I hadn't known that that exists or does exist or doesn't exist here. Is that -- she was mentioning dust would fly on the cars and things like that. That wasn't addressed in any of your -- MR. STRAW: For the record, Jeff Straw with Geosonics. The -- I think there's probably a little bit of difference. If she's from Chicago -- I'm not quite sure, she said it was a different area. Blasting's done differently in the country. I heard Chicago. I've worked with operations in Chicago. It's quite a bit different than here. Typically the blasting that's done, there is some water that goes up in the air. There can be a little bit of a yellow cloud as part of the explosives burning, not necessarily completely detonating, but it dissipates in the air. Where they're blasting now and with the modifications made, we don't see, you know, that as much. You typically see some material go up in the air initially, and then as the soil settles back down and some of the gas releases, there's some jets of water that you see. But it's nothing that is going to travel, you know, offthe property to anywhere of these homes. I mean, the blaster's standing within a matter of a couple hundred yards of this to physically watch the blast and make sure that there's not stuff going offthe property. That's not happening here in any way, shape or form. COMMISSIONER TUFF: And just one more. Just by observation, it seems inappropriate that you'd complain to the party that is the offender, which I think is a good gesture, but you also have a person that has demonstrated good ethics in doing this so we complain to your web site and you'll take care of it. But I'm also the offender -- this isn't for you, this is for the -- whoever is operating it. But, you know, it makes a difference who's running it, too. And to me what makes a difference of -- I believe that Mr. Jones demonstrated by what he does, will take care of people and do things with the things that we can put in place to check that. But then ifMr. Jones is not the owner of this property, it would be my fear that well, then this person's going to follow this letter of the law and we're not budging, we're not moving, where this person will go out of their way and fIx things that maybe is questionable. Page 53 16. 183 August 2, 2007 And can they be passed if it goes to just this owner, this conditional use? CHAIRMAN STRAIN: We're restricting the sale of the property or the conditional use? I doubt if we could do that, but maybe the county attorney will surprise me. COMMISSIONER TUFF: Kind of where it goes away with this owner. CHAIRMAN STRAIN: He's wondering can this conditional use be tied to this owner, and should the ownership change the conditional use no longer is present. MS. STUDENT -STIRLING: They traditionally run with the land. CHAIRMAN STRAIN: Right. COMMISSIONER ADELSTEIN: That's right. CHAIRMAN STRAIN: I think it runs with the land, Russ. I mean, I've never heard of any other way. If the county attorney has any other way, maybe she'll offer it, but-- MS. STUDENT -STIRLING: I don't know of anything without, you know, investigating further. CHAIRMAN STRAIN: Does that kind of answer your question? COMMISSIONER TUFF: Urn-hum. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: I have one. Mr. Straw, I guess, might be -- I want to bring something up so that it doesn't happen during discussion and catches everybody off guard. First of all, Mr. Straw, are you aware of any other way of breaking up rock below the surface? MR. STRAW: Yes, there is. There are -- they can use a hoe ram. You can go out there and try and beat it. The problem is then you have to pump it down, and you get to a point where you can't pump all that water out. I mean, if you're going to try and do that there -- CHAIRMAN STRAIN: Are you aware of any method of using a hydraulic ram to break the rock up in water? MR. STRAW: Yeal1, there are punches. We've seen some barge work, the Port of the Everglades, Ft. Lauderdale's port where they have a barge. But it's a massive thing. You've got to have a lake. But the problem is, it only goes to a certain depth. You kind of chew up the rock and then it's pumped out in a dredge. But the material then is not usable for aggregate, so -- CHAIRMAN STRAIN: Let me give you a new system that does work, because I know, I'm overseeing it myself. You can attach a hydraulic ram to the end of a backhoe. You can go down into the submersible water by 20 plus feet and you can break the rock up and then pull it up with another backhoe. One of the gentleman that had indicated who the people he's sending or selling material to are some of the very people who do this kind of work. There's not many, but they do do it. Now, that would get you to take some of the rock out that appears up to, say, around a 20-foot depth. I know you've got some lower than that. But I noticed also, in 1999 you started this operation with a conditional use. And you were moving along fine. In 2006 you came before this board and you asked for another conditional use, with one big change. You wanted to have blasting. So for seven years you didn't have blasting and for seven years I don't remember this pit ever raising itself above the radar screen. But in the last year it seems it has. And the complaints and discussion we've had this morning have been hours, and really it's focused on legitimately one thing: Blasting. It's been the disruptive issue that's occurred at your pit. And I'm just wondering, if the blasting wasn't there, what does that mean, from an excavation point from your perspective? MR. STRAW: From what I understand, the pit does not dig below the 15 or 20 foot that they did at Page 54 161 181 August 2, 2007 that surface material. And, you know, maybe Bruce or one of the Bruces can answer that a little bet. But it is my understanding, because we got involved in this when blasting, you know, was asked, you know, permission for is that the surface materials can be excavated by backhoe. That is what had been done. But the hard aggregate was not being dug at all. And so when they ran into the aggregate material at the deeper depths, blasting became -- you know, was required. As far as the hoe ram kind of issue on a backhoe, you get to a certain point where you can't get below that. Once that material is excavated you're stuck, you can't go back and drill and blast, because there is nothing for you to sit on. You can't put a, you know, half million pound drill sitting on material that you've just either removed or you've broken to the point where it's no longer safe for the operator to sit on. So you have to drill and blast and/or you leave that material at depth. You just -- you can't recover it. There's not another way to recover it. The hardness of the rock may also preclude the size of that being excavated by a backhoe. Ten, 15 years ago there was an issue in Broward County with that. Caterpillar makes a massive backhoe. It can dig when it's digging right below the tracks to a maximum of about 32 feet. And it can only take out what's in the size of the bucket. And then you process for hours and hours and hours, and then the noise issue that, you know, you have just because then you've got to run the crusher continuously. It's a whole different, you know, operation as far as that goes. I don't know that it becomes cost effective in any way, shape or form for the excavation and the material they're talking about here. That's my end from a blasting. I'm not the operations guy. But that's my understanding of, you know, time table, what was excavated before and the issue. CHAIRMAN STRAIN: Thank you, sir. Okay, are there -- Mr. Anderson? MR. ANDERSON: Two things. One, Mr. Tuff, the property owner would be willing to commit to maintain a website and to have one person designated to act upon complaints, so long as any blasting is conducted for the life of this mine. And lastly, I want to ask the representative ofthe property owner to come up and address Mr. Strain's questions. MR. BARBER: Good afternoon. Don Barber, I'm with Mining Venture, the applicant. A little history. If the commission can recall, a year ago when we were here asking for the blasting, we had not sold or marketed any rock products on that site for those six years, thus there were no -- we had some complaints that we dealt with dealing with backups of trucks, the little beeper on the truck and, you know, a few of those kinds of things and a lot of traffic until we got the traffic under control. But the reason that we asked for the blasting is this rock needs to come out. It's at a shelflayer of plus nine to 10 feet above sea level. It would be dry most of the year, it would be unsightly, it will have literally no use. So the rock needs to come out. And we tried everything on this earth to try and get economically and commercially that rock material out of there without having to use blasting equipment. We tried all the pneumatic equipment that you're talking about, Mr. Strain. We broke I can't tell you how many hundreds of thousands of dollars worth of equipment out there trying to do that. We bought the biggest Komatsu that they make. We did everything. We were getting some of it out, but it was totally uneconomical. When I say uneconomical, people would buy limerock for any price that the miner set, we could make it work. But it doesn't work that way. And you have to be competitive for the road projects, for the Targets of the world, for the homebuilders that need rock for their driveways and rough fill under their houses and so on and so forth. So we need to find a way to get it out economically and quickly, and this does it. Alternative equipment has the other side ofthe problem ofthe noise issue and the slowness. It Page 55 1 6 1 Augtsa:2007 would take forever to do that work. It just doesn't seem to work. We really feel that we've got a great handle on the blasting. And I think it's been clearly demonstrated today that somehow some way we're not fielding or handling complaints like they should be handled. And I think you've heard today a real commitment. And we've been working on this not just in preparation for this commission meeting. We've been doing this for about three months to really trying to work on a process to handle complaints. We can't fix something if we don't know that it's broke. And I can assure you, we'll be in touch with those folks that spoke today. I mean, I feel badly that somebody didn't get a notice, I feel badly that they're living with these problems. I have these kinds of problems in my home. I mean, not associated with blasting but with other kinds of problems in my neighborhood, and I know how unsettling it is for you to feel like you've been damaged by somebody else. If there's been damage, we're going to fix it, we said we're going to fix it. And I like the suggestion of getting an engineer, perhaps recommended by the residents out there. Form a committee -- another committee. Form a committee with the residents out there and we'll work with them and we'll make that work. But we need to blast in some form or fashion to get that out. And keep in mind, if you looked at the confining clay layer chart that was shown, some of the shallowest areas that the confining layer is at is also the closest to the homeowners. So we will be using peanuts in regards to blast material on that south side, because we're not going to be blasting but about 20 feet of rock out of there anyway. And the hardest of rock by all of the soil boring findings is on the very north side of the property, which is totally buffered by native vegetation and much -- many fewer homes as well. Anyway, I just wanted you to know, Mr. Strain, that the blasting is really important to us. I think it's important to the community, because it will help us get out of there quicker. And the miner has opted to pre-blast as fast as he can out there, quite frankly, and stockpile or leave the material on the ground. Blasting's expensive, but he's willing to do that to move forward with the blasting program, whether there's a market or not, so as to get the blasting out of the way. At least along the eastern and southern sides of this property, and move forward to an area where we just won't be bothering anybody. And I thank you all very much for your time. CHAIRMAN STRAIN: Don, I've got one question for you then. I understand your position. And I can tell you, you kind of get the hydraulic rams that are out there, there's only a couple of companies I believe in this part of the state that have them and they do work, because I can physically show you that it is working. But it won't get you down as deep as you're going. Last time when we approved this, it was the first time to approve blasting on this site. And we've gone about a year and we've heard concerns. Now maybe there's going to be a different reaction to the blasting from your end of it now that everything is more focused. Would you have any objection to allowing this conditional use to be a temporary situation, subject to a one-year review of where you're at after one year from now with the neighborhood? MR. BARBER: Not at all. We already have a -- we agreed at the last planning commission meeting to have a one-year review of the current operation, which we did, and we filed the report with the county. And I think that was every two years. So if you want to uncomplicate it, make it every year a report, that's fine. That's not a problem. I think it's good discipline, actually. CHAIRMAN STRAIN: I'm suggesting a little bit different, though. What I'm saying is you've got a one-year conditional use. If then when you come back before this body, if there's -- MR. BARBER: Oh, one year conditional use. CHAIRMAN STRAIN: -- ifthere is not satisfactory evidence that the issues that we now believe Page 56 161 1B1 August 2, 2007 might get resolved as a result of the changes you're making, then you stand a chance of not succeeding in another public forum, how do you feel about that? MR. BARBER: I think that's a problem. CHAIRMAN STRAIN: I know Bruce would. That's why I asked you first. MR. BARBER: No, I think that would be a problem. There's a huge investment of equipment. But also of people and their jobs. And I hate hanging that out over their -- I'd rather see the stiff discipline to make the miner follow the rules. And I'd like the stiff discipline of making sure that the blast contractors -- and interestingly enough there's three people in that process, it's not just a contractor -- but, you know, I'm for making it -- holding them up to do what they're supposed to be doing. And if they're not doing enough to demonstrate, then that's where we need to go and make it happen in that area. CHAIRMAN STRAIN: Well, I started out trying to make notes about how to restrict the blasting to a point where it could be -- minimize its impact with all the comments that were made. But they got more involved the more I started writing. And then I realized this whole thing is about blasting. I understand your dilemma in blasting, and I'm trying to figure out a solution to it. I guess we'll see what comes out of our discussion. Ifthere was some way of knowing that if you came back to us in a year or two years and if you weren't -- if your company wasn't able to satisfactorily reduce the intent -- the problems with the blasting, then the blasting part of that conditional use could go away -- MR. BARBER: Go for it. CHAIRMAN STRAIN: --I'd feel more comfortable. MR. BARBER: That's fine. CHAIRMAN STRAIN: Okay, thank you. COMMISSIONER MURRAY: That's acceptable? Good. CHAIRMAN STRAIN: Well, we'll put something together in a stipulation that will be massaged by the time it gets to -- with the BCC, but at least we'll offer something to them as a suggestion. I appreciate that, that would be a big help. MR. BARBER: And one other thing. Keep in mind that with conditional use approval in September, I still have to go through the excavation permit process. CHAIRMAN STRAIN: Well, this will be from the time the excavation permit is issued. MR. BARBER: Okay, perfect. CHAIRMAN STRAIN: That will assure response to the citizens, too. Because if they come back here with a similar complaint again in the future, it would be very difficult to see this succeed, I would assume. MR. BARBER: Not a problem. CHAIRMAN STRAIN: Thank you, sir. Anything else for anybody? COMMISSIONER VIGLIOTTI: I'd like to make a motion. CHAIRMAN STRAIN: Well, no, we've got to close the public hearing first. We've heard all the speakers, right, Ray? MR. BELLOWS: That's correct. CHAIRMAN STRAIN: Okay. We'll close the public hearing, and Mr. Vigliotti will entertain a motion. COMMISSIONER VIGLIOTTI: I'd like to make a motion, recommendation of approval based upon staffs stipulation, EDC's (sic) stipulations and that they hire an engineer and work out some kind of plan to create a better relationship between the neighborhood, the people that live there and yourself. Another committee might be the answer, I don't know, but I think you need to work something out. And Page 57 161 1 83 August 2, 2007 also, one year conditional from the time you get your permits. COMMISSIONER ADELSTEIN: I'l1 second the motion. CHAIRMAN STRAIN: Okay, a motion's been made and seconded. And now for discussion. I've got a list of things, as usual. But I think they're all consistent with what's been discussed, so it hopefully won't come as too much of a surprise. But does anybody else want to comment first? Mr. Murray? COMMISSIONER MURRAY: Ijust want to make that last portion of the motion clearer, if the motion maker will accept, and I would ask for it to be refined to something closer to that the miner or the owner, the petitioner, will assist in the formation ofa committee of the residents surrounding the area of ownership, and will agree to find a number of qualified engineers whose specific capabilities are civil and can make judgments about -- CHAIRMAN STRAIN: Well, Mr. Murry, you're getting into a lot of ambiguous contradictory statements there. Why don't we just -- COMMISSIONER MURRAY: I didn't know they were ambiguous. CHAIRMAN STRAIN: Well, first of all, civil engineers are first licensed by the state. So as far as their competency and credibility, that's taken care of. But as far as how they're selected, you're going to go out to, what, 1,000 different homeowners and tell them they all have to make a joint decision or how many can participate? We're getting into issues that may be really hard to control. Do you have any idea how they would do that? COMMISSIONER MURRAY: Well, I said, they need to be qualified. I recognize that this is difficult and I was trying to work toward that. Now, I will only say this much and then I'l1 stop, there ought to be a way that it can be accomplished, because the petitioner has agreed that they would do it. And so if you find that there's a better way of saying it, I'll be happy to defer. CHAIRMAN STRAIN: No, I haven't found a way, I was -- I wanted to make sure that you didn't end up with a stipulation that couldn't be adequately enacted. That's what I was worried about. COMMISSIONER MURRA Y: Okay. In actuality, what I was attempting to do was bring the thought process to something more clear, and that the words then can be qualified from it. I didn't have an expectation that what I was going to say once was going to be perfect. CHAIRMAN STRAIN: Mr. Anderson, do you have words of wisdom? MR. ANDERSON: Just a suggestion to try to be helpful. Perhaps we would let the county assemble the committee. COMMISSIONER MURRAY: There were some-- CHAIRMAN STRAIN: And that comes under the Sunshine laws, which means the residents couldn't talk to one another about their problems, which may not work for them. COMMISSIONER VIGLIOTTI: As the motion maker, can I say something? CHAIRMAN STRAIN: No. As the motion maker, you're not allowed to speak. Of course, Mr. Vigliotti, go right ahead. COMMISSIONER VIGLIOTTI: With the last concession made, it's a one-year approval. They've agreed to hire an engineer, they agreed to do what they have to do. It would behoove them not to do it. And I think they're best at setting it up. And if there needs to be an engineer hired by the people, I think that's the way to go, or a committee. But it's only a temporary one-year project. So by us getting involved, I think it's only going to confuse it. COMMISSIONER ADELSTEIN: That's right. CHAIRMAN STRAIN: Mr. Schmitt? MR. SCHMITT: Can I make a recommendation? Committee, can this body serve as the Page 58 lh' 1 B~ XuJust 1; 2007 committee? We can schedule one year or two years from now they come back and you can address any complaints. We advertise a hearing or a meeting. CHAIRMAN STRAIN: Well, I think you're mixing up maybe the committees. I think there were two levels: One is that we're trying to figure out how to select an engineer that would be considered unbiased by all the parties. And the second thing is that the one-year review would come back through the process like it's going through right now. So I'm not sure if your solution addressed either one of those. MR. SCHMITT: The one-year review you're going to serve then as the public hearing. CHAIRMAN STRAIN: Right. MR. SCHMITT: What you're looking for then is a committee that they can address with the community. CHAIRMAN STRAIN: Well, I think Mr. Vigliotti is right, that process, ifJeft up to the applicant to work out with the neighborhood -- I mean, the last thing the applicant should do is send over to these people an engineer who they say wait a minute, you know, this guy's no good, doesn't know what he's doing. Maybe before you hire them, call them up and say we're looking at this engineer, what do you think. Go aI1ead, Mr. Vigliotti. COMMISSIONER VIGLIOTTI: Is there someone from the audience, one of the speakers that want to spearhead it on that side, and I believe Mr. Jones can spearhead it on his side and we begin to start. CHAIRMAN STRAIN: I think that process can work itsel f out after we move forward. Ms. Caron? COMMISSIONER CARON: Yes. Mr. Anderson has already agreed to another neighborhood information meeting. Perhaps that would be a good place to bring this up and deal with that. And you all can decide together on the qualifications and who's going to be on a search committee and whatever. And I think that should be one of the stipulations, Mr. Vigliotti, because it was offered by Mr. Anderson that there would be another neighborhood information meeting here. COMMISSIONER VIGLIOTTI: That's good. I'll add that to the motion. COMMISSIONER CARON: Between now and the BCC, and that way they can tell the BCC that they've already, you know, got parameters to hire an engineer. CHAIRMAN STRAIN: Okay. Well, some of the other things that we touched on was the local damage contact would be Mr. Damon Jones at 304-1506. And I certainly would think that we'd want to make sure that's stipulated, so -- COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: -- we have to have a local damage contact. There were EAC and staff recommendations. The applicant agrees with some of them, disagrees with others. At this point I didn't know how this board felt, I didn't see a need to change any of them, to be honest with you. What about the rest of you? COMMISSIONER ADELSTEIN: Fine. CHAIRMAN STRAIN: So it would be with the EAC and staff recommendations. COMMISSIONER VIGLIOTTI: That's what I said. CHAIRMAN STRAIN: Then there's some specific blasting things that were either mentioned at the neighborhood informational meeting or mentioned at today's discussion. And the informational meeting, for example, they said: Not to exceed 20-foot intervals per hole; no blasting on weekends and holidays; blasting is only allowed at the hours 9:00 to 4:00 during the week; and the excavation would be to the clay layer, but not to exceed 45 feet. Then we talked about the changes you were making with the blaster, the loads and everything else as being better. And in that discussion we went and looked at what was existing, and you were supposed to Page 59 161 18~ August 2, 2007 be making this request for more blasts and other items to reduce the impacts to the neighborhood. In order to do that, I think you'd have to have maximum limits then. Your air blasts, in the discussion from what I heard, it was going to be around 100. So if you add not to exceed 110 that would, I think, be sufficient. The ground vibration, we talked about .15. But if we allowed up to a .2, that should cover your concerns. The maximum load per hole, you're looking at in the seventies. And for the last two months, a couple you went above that. But if you were to limit your maximum load per hole to less than 100 pounds per month, that would keep the loads down significantly. And the maximum holes per month will be still the 1,680 that you currently use. So you're not increasing your blast holes, your decreasing your blast loads, you're increasing the frequency up to 18 a month, but the overall volume of holes and the volume of charges would be far less -- the volume of charges would be far less than they were before. That should have a positive impact on what the neighborhood feels. Mr. Schmitt? MR. SCHMITT: How many holes did you say? CHAIRMAN STRAIN: 1,680. MR. SCHMITT: Sixteen to l8? CHAIRMAN STRAIN: 1,680. That's what they currently have. That doesn't change it. And that their blast time accumulatively was 24 seconds a month. Now, that brings the charge size down, a lot ofthe impacts hopefully down, based on the testimony we heard today. Any comments on that? MR. SCHMITT: Yeal1, I lost track of the 1,680. That's total number of holes? CHAIRMAN STRAIN: Maximum number of holes per month. MR. SCHMITT: Per month. CHAIRMAN STRAIN: In the letter they sent to Melissa Zone said was 1,680, and that's what they currently have and that's what they would continue to live with. MR. ANDERSON: I'm going to ask Mr. Straw to come up and address your last proposed stipulations, Mr. Strain. I do need to ask a couple of clarifying things on the other stipulations, just so I make sure I understand. The one-year review will be on the blasting only. CHAIRMAN STRAIN: That's what I'm suggesting. MR. ANDERSON: Yes, yes, I want to make sure. And with regard to the staff proposal about a revocation process for the entire conditional use, as opposed to just the mining, which you're now taking care of, is that part of your recommendation where the entire mining operation could be shut down, or only the blasting? CHAIRMAN STRAIN: Well, I would think since the BCC initiated that, I believe, I would like to see that stay in place and let them decide to take that out at their level. MR. SCHMITT: We have not proffered that at all to the BCC yet. This came up when we began to look at the Jones Mining issue on the conditional use. That's in our report. Now, we were going to present that to the board. CHAIRMAN STRAIN: Well, July 19th you sent a letter to the Board of County Commissioners-- MR. SCHMITT: Yes. CHAIRMAN STRAIN: -- indicating that this was an option that they could pursue. So if you didn't do it, who -- okay. Page 60 " f i 'lI1 Iii1 1.. Ip."~: ~I ~} i/ August 2, 2007 MR. SCHMITT: Yem, we sent -- that was part of the notice we sent to the board saying that in order for the board to have any say over this, we would have to make that as a stipulation under the conditional use. CHAIRMAN STRAIN: Okay. Well, I think that's something they can make the decision on. Ifwe just leave it like it is with the staff recommendations and they can decide which ones to use and not use based on how they feel the one-year might be in lieu of. So that's strictly up to -- I would think they could come up with that. Is everybody -- MR. SCHMITT: I have no argument with that, and we would support that. But that's something that Mr. Anderson will have to present to the board, if in fact that use is limited to the blasting. But we'll leave that up to the board to decide. CHAIRMAN STRAIN: Mr. Anderson, anything else? MR. ANDERSON: My last clarifying question at this point is, the motion included EAC and staffs recommendations. However, there was a difference, I believe, between the staff recommendation on the littoral zones as a result of today and that which was recommended at the last minute by the EAC. CHAIRMAN STRAIN: Yes, there was. MR. ANDERSON: Which? Are we going with the staff recommendation that the property owner has agreed to? CHAIRMAN STRAIN: Well, I honestly was suggesting the EAC recommendation. I didn't see any reason myself to have that change, because if you had this argument in front of the EAC and staff supported it then, that's different. But I don't see -- you know, you can make the argument in front of the BCC if you want, but right now I don't see why we would want to re-question the EAC on that particular regard. Mr. Schmitt? MR. SCHMITT: I'm obligated to report to the board what their bodies that they appoint. We will present that information to the board. We'll present the staff position on that and let the board make that decision. I respect that. I think that's the way this should proceed. CHAIRMAN STRAIN: I think anybody would respect that of us, too. So both ways it works. Okay, any other comments? (No response.) CHAIRMAN STRAIN: And Mr. Vigliotti, do you accept-- COMMISSIONER VIGLIOTTI: Yes, I do. CHAIRMAN STRAIN: -- the recommended stipulations? COMMISSIONER SCHIFFER: And Mark, one more. COMMISSIONER VIGLIOTTI: Yes, I do. COMMISSIONER ADELSTEIN: I accept the second. CHAIRMAN STRAIN: Okay, the first and the second accepted the ones discussed so far. Mr. Schiffer? COMMISSIONER SCHIFFER: Ijust wanted to add that archeological monitoring. And what I think would be good is if they establish an architectural monitoring plan and made sure that all the employees are aware of its requirements. CHAIRMAN STRAIN: Bruce, do you have any problems with that? MR. ANDERSON: I'm sorry? CHAIRMAN STRAIN: The establishment of an archeological monitoring plan, to make sure the employees are aware of it, should you discover something on the property that would have a need for addressing an archeological feature? MR. ANDERSON: Sure. Page 61 16; l~f~ August ;', 2007 COMMISSIONER VIGLIOTTI: I'll add that to my motion. COMMISSIONER ADELSTEIN: I'll second that. CHAIRMAN STRAIN: Okay. Any further discussion? (No response.) CHAIRMAN STRAIN: All those in favor of the motion as stipulated, signifY by saying aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Thank you, and I hope that this works better for the neighborhood. It's an attempt. And one year from now -- or one year from the date of the excavation permit, which will happen in a few months, just be watching, and come here and tell us. You've got my phone number, you can always call me. We'll certainly react. MR. BARBER: Thank you very much. CHAIRMAN STRAIN: Thank you. This meeting will adjourn for one hour -- not adjourn, we'll take a break for one hour. We'll be back here at IAO. Thank you. (Luncheon recess.) CHAIRMAN STRAIN: Okay. Welcome back to the planning commission meeting. It's 1:40. We'll resume. Item #8C PETITION: CU-2005-AR-8748 CHAIRMAN STRAIN: The next hearing up for this afternoon is Petition CU-2005-AR-8748, Ashraf Fawzy, represented by Wayne Arnold for an aquaculture facility in the rural fringe. Those wishing to testifY on behalf of this application, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Disclosures from the planning commissioners? (No response.) CHAIRMAN STRAIN: I've had the applicant's representative e-mail me for a meeting. We didn't get time to meet. Mr. Arnold asked me for some comments on it; we really didn't have time to talk because I was on my way out. So I really didn't have a meeting with anybody, but I was contacted. Anything else? (No response.) CHAIRMAN STRAIN: Okay, go aI1ead, Mr. Yovanovich. MR. YOV ANOVICH: Good afternoon. For the record, Rich Y ovanovich, on behalf of the petitioner. Page 62 16\ 1l~1 August 2, 2007 With me today is AshrafFawzy, who is the owner of the property and the petitioner; Wayne Arnold from Grady Minor and Associates; Dean Smith from Grady Minor and Associates, and Jeremy Sterk from Hoover Planning. And they can answer any questions you may have regarding the petition that I don't get to in my comments. Before you today is a petition to remove dirt from a parcel of property. It's a temporary use. Our main use is aquaculture, which under the Right to Farm Act is an allowed use in the rural fringe mixed use district where this property is located. Because we have to remove the dirt from the property once we dig the hole, which will be our aquaculture operation, there's an argument from your staff that we need to go through this process to remove the dirt off the property. We do not need any authorization from the county to dig the hole for purposes of doing our aquaculture operation, it's the removal of the dirt from the property so we can make the farm operable. That is why staff says we need to be here. I honestly believe that we don't need to be here, that if you look at the rural fringe mixed use district, it clearly says that agricultural uses are permitted uses. And if you'll look at your table number two in your Land Development Code that applies to the ago zoning district, which we're not, it clearly recognizes that the removal of dirt is an accessory use to an agricultural operation. However -- and it says if you're zoned ag., and you're under that table, you're limited to removal of 4,000 cubic yards without having to go through this conditional use process. That same limitation is not found in the rural fringe mixed use district portion of the Land Development Code. But be that as it may, my client started the process. We were very close to the end of the process when I got engaged and we were before you all in February and we were sent back to do an EIS for this agricultural operation to then go to the EAC for review of that EIS. We did the EIS. We went to the EAC and the EAC recommended unanimously that we be allowed to go forward with the removal of the dirt from the property. So we're here today because we started the process. We don't agree we need to be in the process, so we're not waiving any rights to contest whether or not we need to be in the process in the first place. The property has an agricultural exemption pursuant to Section 193.461 Florida Statutes, which is one of the requirements under the Right to Farm Act. So we have met that requirement. We will be constructing a fish farm. Originally we were going to operate a tilapia farm. Staff has taken the position that that's a non-native fish so you cannot do tilapia. Again, if you look at the Best Management Practices associated with this property, it says you can do tilapia if you have a license to do tilapia. He had a license to do tilapia but staff was not going to recognize that license, so we're not doing tilapia now, we're going to go with a native fish, catfish or shrimp is what we're proposing to do right now. We will follow the Best Management Practices required for aquaculture operations, which is also a requirement of the Right to Farm Act. As I said, the farming operation is a pennitted use in the rural fringe mixed use district. And just to read for the record what a farm is, so there's no question about that, under 823.14(3 )( a) of the Florida Statutes, it says, farm means the land, building, support facilities, machinery and other appurtenances used in the production of farm or aquaculture products. So what we're doing is an aquaculture operation. CHAIRMAN STRAIN: That's the wrong reference. MR. YOV ANOVICH: No, I don't believe so. CHAIRMAN STRAIN: Okay, we'll get into it. Page 63 161 i OJ ,.,'"'\ "w ... August 2, 2007 MR. YOV ANOVICH: 24.14, subsection (3)(a), definitions, Florida Statutes. And if you want to go to 163.3162(3), definitions, (3)(a) referenced farm is defined as in Section 823.14. So that's how you tie the two back. The property owner will be removing approximately 300,000 cubic yards of dirt to construct the lake, which will be the aquaculture operation. The owner has worked with the neighbors in the area to address transportation issues as far as the private roads, and has agreed to make sure that the roads are in as good if not better condition while he's using the roads as they are today. And when he's done using the roads to remove the dirt, they'll be in as good if not better condition. I believe that's a stipulation of your staff recommendation of approval. It's interesting to me that if -- there's no question, because we've already done it. When you clear the land to remove the trees, you can either -- you can remove those trees without having to get any type of permission from the county, but if -- because it's a by-product of getting the land ready for a farm. For some reason the county in the agricultural district believes that if you're going to remove the dirt, which is also a by-product of the farm, you need to get some type of additional approval. The nearest resident to us is 3,000 feet away. We've had our neighborhood information meeting; there were no objections to what we are requesting. We can live with the staff recommendations attached to the -- to your staff report. As I said, the EAC heard this petition on June 6th, 2007 and unanimously recommended approval. We haven't heard any objections from our neighbors regarding the proposal. Your staffs recommending approval. And we're requesting that the planning commission recommend to the Board of County Commissioners that they approve our request for a temporary use to remove the dirt from the property so my client can go into the business of a fish farm. That is our overall presentation. You have on the visualizer a vicinity map or location map to show you where the property is. The property has been cleared so that that aerial is a little old. But other than that, that shows you where the property is. And we're available to answer any questions you may have regarding the specifics of the application. CHAIRMAN STRAIN: I would -- ifthe board wouldn't mind, I'd like to start out specifically with the Florida Statutes reference. COMMISSIONER MURRAY: Go for it. CHAIRMAN STRAIN: I need to understand it better. Because the reference that Richard cited is not the one that I was looking at or finding as a reference. And Richard, I'm going to walk you through it, maybe you can explain it to me. But I have to go back to the way this is referenced in the sending lands. In the sending lands, their RFMU sending lands it says, agricultural uses consistent with Sections 163.3162 and 823.1406 of Florida Statutes. Under the receiving lands, and neutral lands, it lists the permitted uses or rights, which is a different way of addressing the issue than it is under the sending lands. So under receiving and neutral lands, it actually lists agricultural activities including but not limited to. And it goes into all the types of agricultural activities including aquaculture. But they're actually physically listed in the receiving lands and neutral lands and they're not listed in the sending lands. The sending lands strictly refer to Florida Statutes. So if you go to Section 163.3162 of Florida Statutes, which you earlier quoted, under paren. four, duplication of regulation, about the middle of the paragraph, there's a reference that says, or otherwise limit an activity of a bona fide farm operation on land classified as agricultural land pursuant to 193.461, which is again a section I believe you referenced. And under paren. six of 163.3162 it also refers to a bona fide farm operation, classified under 193.461. Under 193.461, it reads bona fide agricultural purposes means good faith commercial agricultural Page 64 161 18 '1 August 2, 2007 use of the land. In determining whether the use of the land for agricultural purposes is bona fide, the following factors may be taken into consideration: Number one, the length of time the land has been so utilized. I don't know if it's currently an aqua-farm, but I don't know it has been utilized as that to this date. Number two, whether the use has been continuance. I think you're just asking to do the use. And number four, the size that relates to the specific agricultural use. We'll get into that in a minute. And number five, whether the indicated effort has been made to care sufficiently and adequately for the land in accordance with the accepted commericial agricultural practices. Which you haven't operated it yet. Now, how does that past tense work into the present? MR. YOV ANOVICH: Well, because, Mr. Strain, the exemption today is for the cattle that uses all 15 acres ofthe parcel of the property. And it also says that you can change the agricultural use. You don't have to be cattle forever. You can go from one agricultural use to another agricultural use. We have met the requirements under the statute, according to the property appraiser, who is the person who decides whether or not we have an agricultural exemption. We have the agricultural exemption required under the statutes. And it clearly says the county cannot duplicate the efforts of the state. And it also basically says that as long as you're following the best management practices the county cannot regulate those operations. Now, the rural fringe mixed use district says uses permitted as of right. CHAIRMAN STRAIN: You need to get closer to the speaker, please. MR. YOV ANOVICH: The Land Development Code says, under the rural fringe mixed use district sending lands, 4-A, allowable use -- I'm sorry, uses permitted as of right. Agricultural uses consistent with Section 163.3162 and 823.14. Now, 163.3162 has definitions. And it sends you in subsection three to farm. And when you go to the term farm, it's what I read to you earlier, it includes aquaculture. Right now we meet the exemption for the cattle. We're going to convert that use to farm -- to aquaculture whenever we can get there. As soon as we can finish digging the hole and get the farm up and running, we will be an aquaculture operation, which is an allowed use under the rural fringe mixed use sending district, as opined to by your county attorney's office. Because we're only here to talk about the removal of the dirt, we're not here to talk about the use of aquaculture. CHAIRMAN STRAIN: So the activity of the bona fide operation ofland classified as agriculture pursuant to 193.461 is an inaccurate reference to your use here today? MR. YOV ANOVICH: No. CHAIRMAN STRAIN: Okay. Well, if that section defined -- by reference defines bona fide farm operation, and you're relying on the fact that the excavation of this mining -- this pit you want to dig for 300,000 cubic yards is equivalent to a few cows roaming the property, and that is the same use? MR. YOV ANOVICH: It doesn't require the same use, Mr. Strain. CHAIRMAN STRAIN: I thought you said that it had to be the same use. MR. YOV ANOVICH: I said it did not. I said we're changing the use. We have a valid agricultural exemption today for cattle. We can change that use to another valid agricultural use, which is aquaculture. We can do that under the code and under the statutes. CHAIRMAN STRAIN: You're changing the use. MR. YOV ANOVICH: We obviously don't have the hole dug yet, so yes, we are changing the use. CHAIRMAN STRAIN: Well, then I have to fall back on what 193 says, and it says that the length Page 65 161 IG? August 2, 2007 of time the land has been so utilized, whether the use has been continuous. You just said you're changing the use, so it hasn't been continuance. MR. YOV ANOVICH: Again, it doesn't have to be -- it's the use as agriculture. It can change from cows on the property to a different agricultural use. CHAIRMAN STRAIN: I don't read where it says that, Richard, but that's fine. I'm not going to belabor the point, it will just delay it. Ms. Student? MS. STUDENT -STIRLING: Yeal1, I was going to try and offer a little bit of my construction of this. Because I have worked on Right to Farm Act issues with the county. And I'm also having some definitions brought in for farm product and selling farm, which are pretty broad under 823. And you can disagree with me if you like, but it's been my interpretation that you have a bona fide farm operation first. Then the reference in 193.461 is the inquiry and standards that the property appraiser uses in determining whether or not there's an ago exemption that he grants. And then you fall back on the definition of farm, farm product and so forth to determine whether it's a farm. But the question that arises in my mind, and I'm not aware of what one of my colleagues may have opined, because this didn't start out as my item, but I think the in inquiry should be even though the excavation mayor may not be necessary for mariculture, or aquaculture, could that be included under the ambit of agricultural uses, period. One way I think to look at it is you have an excavation and you have aquaculture or mariculture. Do you have to have that -- can you have that without doing an excavation? And I think there's some people that say that you can't. So I guess the inquiry in my mind is whether excavation, which apparently is necessary to have a lake for this type of use, could fall under the ambit of the term agricultural uses, period. CHAIRMAN STRAIN: Well, you also use the term necessary. MS. STUDENT-STIRLING: Well, yeah, that's-- CHAIRMAN STRAIN: There's extensive literature on catfish farming and other means of farming for which this agricultural license from Tallal1assee was issued that don't rely on excavated pits or production and breeding and manufac -- not I guess -- reaping, harvesting catfish. In fact, levies are actually a solution that's been used in most other parts of the country. So I'm not sure this is necessary, although it's convenient. But thank you. MS. STUDENT-STIRLING: I just want to explain how I had interpreted that in the past. CHAIRMAN STRAIN: I appreciate it, thank you. MS. STUDENT-STIRLING: I'm having the definitions brought down from 823 also. MR. YOV ANOVICH: Well, and I would submit to you that necessity is not one of the criteria. The Best Management Practices talks about a lot of different ways to go about doing this. One of which is to dig a lake to where we don't waste water by filling an area and then after we harvest the fish throw the water away, refill the area with new water. The reason we're doing the lake is because the lake will be deep enough for the water to absorb the by-product of the fish while they're growing. And that's the reason we've chosen that and we're following the Best Management Practices, and that's an allowable use to dig the hole for the fish to be raised. CHAIRMAN STRAIN: Digging a hole. What is the by-product? MR. YOV ANOVICH: When they kind of go to the bathroom, you know, you want that stuff to go away. And there's enough water-- CHAIRMAN STRAIN: You think it goes away by settling to the bottom of the lake? MR. YOV ANOVICH: And the lake will be large enough for it to be absorbed and taken care of Page 66 16\ lB? August 2, 2007 and dissipated without having to drain the lake to put fresh water in. CHAIRMAN STRAIN: Thank you. Mr. Midney, then Mr. Schiffer. COMMISSIONER MIDNEY: Yem, could you please tell me, with 300,000 yards, what will be the depth of this lake? MR. YOV ANOVICH: Well, there's between -- well, depending on the time of the year. When there's the wet season, it will be 20 feet, when it's dry season, it will be 15 feet. COMMISSIONER MIDNEY: And I assume you're going to be growing shrimp according to the model of the farm that's in LaBelle, the shrimp farm there, the freshwater shrimp farm? MR. YOV ANOVICH: I have no idea. We're talking about catfish as well as-- COMMISSIONER MIDNEY: But I thought you just said shrimp. MR. YOV ANOVICH: I said catfish and shrimp, or shrimp. CHAIRMAN STRAIN: Licenses for both. One is -- well, the license is for both. COMMISSIONER MIDNEY: Okay. I'm just questioning the depth, if that's an efficient way to grow catfish or shrimp. Because I don't think commercial farms are that deep. MR. YOV ANOVICH: Well, I'll bring Mr. Fawzy up here who can explain it to you, since it's his-- CHAIRMAN STRAIN: Before we go on to Mr. Fawzy, is there any other questions of Richard? COMMISSIONER SCHIFFER: And it might be that -- Richard, I'm having trouble associating the need for that much -- that big a lake for the fish. Do you have any kind of data to show why this lake has the size it is? MR. YOV ANOVICH: Well, what we're doing -- and Mr. Fawzy will explain the operation -- is the cages are 10 feet by 10 feet by 10 feet. You need a float, they're going to float. So with the fluctuation of the lake, that's going to effect how deep we need to go. As well as making sure that the water remains healthy and that we don't have to drain -- you could do this with shallower lakes. And in doing so, you're going to have to pump the water out when you harvest them about every six months. You would get rid of the water, you'd fill it with new water. The depth of the lake allows us to not have to remove the water every time we harvest the fish. So it's a more efficient operation for the farm, it's healthier for the farm. And Mr. Fawzy can take you through the details of that on how that works. And we went through the very same analysis with the EAC, and they understood the operation of the farm. MR. FAWZY: Yes, thank you. AshrafFawzy, for the record. CHAIRMAN STRAIN: Mr. Murray, did you have a question of-- COMMISSIONER MURRAY: I did. And maybe I'm premature on this, I hope not, but there are two things that go through my mind. I wrote my note, is this mining? 300,000 cubic yards is a lot, I think. But it may not rise to the level of mining. But my question here is in the staff report it says, which shall eventually be replaced by a single-family house. And you read off a listing of all the accessories or I guess appurtenances. MR. YOV ANOVICH: Right. COMMISSIONER MURRAY: I can't think of the word. Was any ofthat a house? MR. YOV ANOVICH: We're going to have three areas. One's the -- I need to look at my list. CHAIRMAN STRAIN: Yes, one is a house, according to your plan. MR. YOV ANOVICH: And which is a permitted use -- COMMISSIONER MURRAY: That's what I'm trying to find-- MR. YOV ANOVICH: On the property. A house nobody questions. A house is an allowable use. Page 67 161 lR? August~, 2007 The other accessory uses will be -- and I can't read this -- COMMISSIONER MURRAY: You don't have to go far for that. I want to focus on the house, it I may. Because I tried to figure out, if you're going to have a big '01 lake in the middle of this thing, and I was wondering where are you going to put the house and still have adequate setback and the rest -- CHAIRMAN STRAIN: It's shown on the plan. COMMISSIONER MURRAY: I know, but I want to satisfY my need-- CHAIRMAN STRAIN: The setbacks are on the plan, too. That's what I'm saying, you could -- if you had the -- all right. COMMISSIONER MURRA Y: Okay. All right. What I was trying to do was understand whether or not there was going to be -- MR. YOV ANOVICH: If a house is built, if a house is built, I'm told it will be back here. COMMISSIONER MURRAY: Where the trailer was going to be. MR. YOV ANOVICH: Right. If a house was built. COMMISSIONER MURRAY: And that would comport with all of the setbacks and the rest of it? That's all -- MR. YOV ANOVICH: It would have to. COMMISSIONER MURRAY: -- considered into this? MR. YOV ANOVICH: It would have to, yes. And Mr. Arnold has verified that we meet all the setbacks required. COMMISSIONER MURRAY: And if this 300,000 cubic yards of material were taken away and Fawzy decided to just leave, what would happen then? MR. YOV ANOVICH: Let me -- you know what? I will admit to you, the first time I met with Mr. Fawzy I said, I think this is going to sound like an earth mine. And he assured me -- and I've been working on this project a lot longer than I've wanted to work on this project because we keep running into little roadblocks here. Weare willing to give you any assurances you need that we're going to go aI1ead and build an aquaculture operation. That's what he wants to do -- COMMISSIONER MURRAY: Like a letter of credit? MR. YOV ANOVICH: Whatever you need. We -- what happened was when he started this process it was basically a wash between the value of the dirt and what it was going to cost him to build the farm. Then as you know the housing market got hot, a lot of dirt was going to other places besides here and the value of the dirt went up. He started this -- he bought the property in 2003. He submitted for a conditional use in 2005. The price went up. And everybody -- that's when people said wait a minute, he's really an earth mine. Because all of a sudden it went from maybe making $500,000 worth of dirt to a million and a half worth of dirt at the peak of the market. Now, you know, if we keep delaying it enough, he'll be back down to the break even point. So we're willing to put assurances as a condition of this that he can't pull the profits, if you will, from the sale of the dirt until the farm is up and operating. COMMISSIONER MURRAY: Okay, that's where I was going. MR. YOV ANOVICH: Because I -- I've said that from the first step. I said we've got to be able to convince people we're not just trying to dig a hole, then we're going to run away and there's never going to be a farm. We're willing to do that. And we'll work with you to whatever that is. And my thought was you put the money in an escrow account, and he pulls the money out ofthat escrow account to cover his expenses to build the farm. And then the county comes out and they inspect the property and he sees the farm is up and running, then he can have whatever -- ifthere is any money left, to put in his account. No different than any other farmer that would clear his land and maybe sell the timber. Page 68 161 IB.~ August 2, 2007 COMMISSIONER MURRAY: Thank you. That's what I needed to understand. Thank you. CHAIRMAN STRAIN: Any other questions of Richard? (No response.) CHAIRMAN STRAIN: Okay, Mr. Fawzy? MR. FA WZY: Ashraf Fawzy, for the record. When we start thinking about the aquaculture -- I actually studied agricultural. If! got the degree for poultry science from Alexandria, Egypt. Tilapia fish was very popular there. That's why I start to thinking about tilapia fish. Due to the regulation, we changed it to catfish, just trying to do the right thing for the county. Now, the water quality was major issue for me and for the whole county in the last few years. When I start thinking about building the farm, I wanted to do the best way to do a fish farm. I'm a farmer, but I studied that. And I wanted to do something good for Collier County and for myself to be proud of. We got a very nice engineering company that went over the slope and the regulation for the county as a commercial. Even agriculture didn't really require all of this. The main point that I find out is if we got the water, large volume, the fish will live and eat and we don't really have to put any extra energy to filtrate. We don't have to take the waste of the fish, like most of the people who do shallow lakes all over the United States, all over the world. When it's a shallow lake or a small pond, they put lining to keep the water in. Now, we have to go deep enough so we don't have to put the lining and keep the water in. The second thing is usually we raise the fish for four to six months, depending what type offish it is. After six months what happen is the lining is keeping all the material inside. Some of it breaks down, but the majority of it, we have to discharge all of this water out through the aquifer. Ifwe going to go right next for wherever the lake is we have to do that. And basically it's going to stay there and we have to pump from water well to put fresh water inside the pumps. And that's what I was trying not to do. Until now we're going through all this just trying to get a bigger size volume of water. When we get the larger volume, we can put more fish, that's true. But at the same time, if we get the right amount, which is allowed in Best Management Practice, 1,500 fish, a surface acre, it actually doesn't require anything. No filtration, and it's -- there is no nitrate waste coming down to harm anybody. Fish is very sensitive. If something happen to the fish, basically is going to die. If the fish dies, it's more sensitive than human. I'm not going to be making money if the fish dies. So I'm trying to make sure that the water quality is very good for human and for the fish too. If the fish can survive it, basically is not going to harm the environment. The depth that you came with, it's actually 20 feet is the maximum allowed without being mining operation. But at the same time the water level drops down -- and we did a study last year, and there was almost 12 feet. Ifwe go down to 20 feet down deep in the dry season, we're going to only have about 12 feet of water. Now, we putting cages inside to put the fish inside. Those cages, basically it's I O-by-l O-by-lO. The fish need the space to move, we need to control it. And if the water level drop less than that, the tank or the cages, they're going to be stuck in the mud. So we're trying to keep as much water depth that allowable use without going so deep. So we decided to do 20 feet to be able to maintain the fish alive without putting any more water from somewhere else resources and not discharging water outside. That's the main thing for the environment, we're trying to be safe. I don't know if that answered the question, or-- CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Yew, I still can't understand, if you're going to be raising fish continuously and putting nitrogen and phosphorous into the water and this is going to be coming out in the Page 69 16' 187 August 2, 2007 feces of the fish, I can't imagine how this is just going to settle to the bottom of the pond and not going to diffuse through the water back to the fish. MR. FA WZY: It's actually the weight of it make it go down. But it will break down. There is bacteria in the water. A lot of type. Different type and different depth and different light. And basically from the study that we're having, aquaculture, 1,500 fish per one acre surface of water, which is one foot deep, it basically will be completely dissolved to minute amount that is safe for human consumption. COMMISSIONER MIDNEY: Because this reminds me of a situation in a water and sewer plant where you have settling ponds that could be of that same depth. And supposedly the action of the sunlight and the -- and just the weathering will get rid of some of it, but it does nowhere near get rid of all of it. It accumulates in those water and sewer ponds. MR. FA WZY: We will have some type of algae, definitely, yes. And there's some type offish. One of them is basically the tilapia and the catfish that they actually will go and consume that again. If -- I don't want to go over the subject, but if you really think about the septic tanks that we have outside all over Golden Gate, they actually filter through, something goes right through them. You don't get rid of all the feces and all of that from human. Now the fish amount, like I'm saying, if we regulate it to 1,500, it's the Best Management Practice requiring that. It's almost like nothing is left. We cannot really say yeal1, 100 percent sure we're going to get rid of all of it. But to a big limit this is the safest and the best recol1unendation and the minute amount. CHAIRMAN STRAIN: Have you heard of an item called oxygen depletion? MR. FAWZY: Yes. CHAIRMAN STRAIN: Okay. Well, when you have a high nutrient product like feces going to the bottom of the pond and algae blooms occur, they deplete the oxygen from the water which causes problems for the fish. How are you going to address that? MR. FA WZY: We actually have to put aerator, and we're trying to keep as many aerator out, not m. CHAIRMAN STRAIN: Get closer to the mic, if you could. MR. FA WZY: We're going to use aerator. And necessity. That's why we're trying to keep the amount of fish as less as we can and the body of the water as large as we can. CHAIRMAN STRAIN: What size horsepower is your aerator? MR. FA WZY: So far we don't really know how big we're going to get the aerator. I'm looking through two or three different types. They have the better ones and they have like fountain, too. So it depend on the cage size and how many we're going to put inside. We might use four or five of them. But the horsepower and all of that, we don't really know exactly what size we're going to use yet. Because we might use a row or we might use like boxes and just leave it in the middle. CHAIRMAN STRAIN: The horsepower I believe is determined by the amount of acre feet you have for your lake, so -- and you would need about a nine horsepower pump to aerate that lake, from what I could tell. What size -- MR. FA WZY: Total it's about that much. But what I'm saying is we don't know how many we're going to use and which shape we're going to use. We might use it like lines or we might put them as a square. CHAIRMAN STRAIN: What are you going to do about monia, nitrates and PH? MR. FA WZY: Basically we'll have to monitor the water. But by going deep enough, that's the main thing. From the studies that have been out there, if we keep the fish limited to that amount per square acre, we don't really have to remove any of that. It's going to be livable level and considered very safe for the fish. And if it's okay for the fish, I think it's okay for the human. Page 70 161 1B 2; August 2, 2007 CHAIRMAN STRAIN: You said that some of the fish will actually digest some of the -- MR. FA WZY: Tilapia fish known to eat a lot of vegetation. CHAIRMAN STRAIN: You're not doing tilapia. MR. FA WZY: And catfish too does the same thing. CHAIRMAN STRAIN: But they're in cages 10 feet above the bottom of the pond. MR. FA WZY: Yes, they are inside the cages and the waste. Basically it's going to fall to the bottom of the cages. CHAIRMAN STRAIN: The cages have a solid bottom? MR. FA WZY: It's not really solid. It's very tight knitten (sic) to hold the feed in. And there is a feeding areas that actually we have inside the cage itself. CHAIRMAN STRAIN: What size is the net that the cage is made of? MR. FAWZY: It's going to be 10-by-IO, the size. CHAIRMAN STRAIN: The mesh. MR. FA WZY: The mesh? It's going to be very tight. It's .5. CHAIRMAN STRAIN: Okay. And what size fingerlings are you going to purchase to fit inside that mesh? MR. FA WZY: We'll, I'm going to try to get them within about two weeks age, but we don't really know where we're going to get them from yet. I'm talking to people in Miami, I'm talking to people in Tampa. CHAIRMAN STRAIN: Do you know how long those fish will be at -- what length those fish will be at two weeks? MR. FA WZY: I'd say about half an inch. It's going to be baby ones. It's going to be small ones. CHAIRMAN STRAIN: According to the documents I've got, in a half-inch mesh you need a five-inch fingerling. I don't know if you've looked at that yet or not. MR. FAWZY: Yes. CHAIRMAN STRAIN: Anybody else have any-- COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Aren't you going to get them yourself? Because you have breeding tanks and everything. Aren't you going to be the one breeding them? MR. FA WZY: Well, so far actually the land was used for 20 years already for cow. It's cattles, it's out there. So far we're trying to do the fish farming. I don't have nothing out there. I'm trying to do it the right way so we can get the permission -- MR. YOV ANOVICH: No, he's talking about when you get up and running. COMMISSIONER SCHIFFER: Yeal1, your site-- MR. FA WZY: Yes, once we start actually going to do it -- this why that's three sites that we were talking about the house. We're not actually put in a house. I was suggesting a trailer, but in the future I might put the house there. But the three sides is going to be for tanks, for storage and equipment. But for the first time we have to buy the fish from outside, little baby ones. COMMISSIONER SCHIFFER: And I think -- bear with me, because I'm kind of where Rich is at. I mean, it looks like -- here's a site you can pull four million bucks maybe in fill off of it. 300,000 cubic yards, going rate, what, 10 to $15 a yard? Anyway, my suspicion may not be justified. But in the packet there really was no proof of the requirement for this lake for the fishing. There's no information on the fish. Rich has taken the position that the fishing is a permitted right, which it is. But the hole to fit the fish in is what we have to decide Page 71 16. "l .....? I!'" .l. U August 2, 2007 today. So define -- if you're looking out over this lake, you have 50 of these 10-by-lO bins floating out there. The area -- I mean, that's only like 5,000 feet. The area of the lake is, you know, huge. It's eight and something acres. So what is -- I mean, how do you harvest that? What do you do, you go out with a boat, you pull the thing over, how do you -- I mean, describe this operation so that I can be comfortable that it's an aquaculture operation and not a burrow pit. MR. YOV ANOVICH: And we'll go through that. But remember, what we're here for is simply because the county says we have to be here to take the dirt offthe property. COMMISSIONER SCHIFFER: But Rich, what we're here for is to see how big a hole he needs to do the operation he wants. MR. YOV ANOVICH: Technically no. But I think it's instructive. I think he's -- and like I said, I had the same initial reaction. The first thing I thought of was Jessie Hardy, okay? So let's all say that's what it was. Everybody said, this is Jessie Hardy. COMMISSIONER SCHIFFER: Well, he had a pole fishing operation. MR. YOV ANOVICH: But what I'm telling you is this is not the same situation. And, you know, you're saying 10, II bucks a cubic yard for the dirt. You haven't factored in what it costs to actually get the dirt out, okay. So I'll just tell you, I'll let you in on his business plan. Sorry. But at the height, he was going to get $5.00 a cubic yard, at the height of the price. COMMISSIONER SCHIFFER: Well, we're here today. MR. YOV ANOVICH: I know. But I'm just telling you, it's not that anymore. If you use your numbers, it's a much smaller number. And again, if we stay in the process long enough, maybe he'll lose money taking the dirt out. But I'll let him explain to you the fishing -- COMMISSIONER SCHIFFER: He'll never do that. But Rich, let me ask you this question: Ifhe didn't put the aquaculture, could he go out there and do a burrow pit this size? MR. YOV ANOVICH: Well, I don't know if we can get -- I can't even say it with a straight face. Wayne's coaching me, he said we could do a cow pond. But the answer to your question is we could not do earth mining. If that's what you're asking, the question is can we do earth mining? No. COMMISSIONER SCHIFFER: And I like the idea he wants to do the aquaculture. I'm not against that. I'm just wanting to know, I mean, is this an earth mine, you know, dressed up as aquaculture, or is it -- MR. YOV ANOVICH: And that's why I'm saying, what do you want us to do to assure you that it's really aquaculture first and the by-product is just we -- hey, 10 and behold, the market came to us and we can make a little money from another by-product? COMMISSIONER SCHIFFER: Give me a rational analysis of the size he needs to do, you know, what he wants to do. For example, I mean, even in this business plan how -- you know, I do think that a conservative number for on-site would be, let's say, 10 bucks. I mean, isn't it going to take you a long time to make $3 million in the fish business? MR. FA WZY: I'm not making $3 million out of the dirt. I just want to make that clear. Whoever comes and dig the hole and do the equipment and haul the dirt, honestly, this is excavators, they make all the money. COMMISSIONER SCHIFFER: They can have the dirt if they come-- MR. FA WZY: Basically that's what it is. They charge -- COMMISSIONER SCHIFFER: Boy, the lines must be forming at the door now. MR. FA WZY: Basically that's what I was talking to the council earlier three, four five years back Page 72 161 18 'J August 2, 2007 when I started. I said, if you have anybody that's actually willing to come dig the dirt, take it, it will be fine with me. COMMISSIONER SCHIFFER: You're saying you'll donate the dirt to the county road programs? MR. FA WZY: I actually did say that five years ago. But after I paid all of this money and expenses, I've been doing that for almost four, five years, I have to get my money back. If! got my money back what I spend, I'll be more than happy to do that. COMMISSIONER SCHIFFER: If we deduct your legal fees, will you donate the rest? Anyway, the point is, I'm really trying to get comfortable that that's the size lake. MR. FAWZY: Yes. COMMISSIONER SCHIFFER: I mean, am I looking at a burrow pit with three or four housing sites on it, or am I looking at an aquaculture process? MR. FA WZY: Whatever guarantee that you need, I will be more than happy to do it. But I'm going to say it simple and easy like that. For me and for everybody, doing a fish farming that more water, which is more depth and bigger size, it's better for the fish. COMMISSIONER SCHIFFER: I agree with that. MR. FA WZY: That's the main bottom line, that I'm trying to get it bigger and deeper. Now, we went only to 20 feet. We're not trying to go for mine. And if actually I wanted to do mining, like Jones Mining were here, and last year they were here too, they trying to go deep as far as they can, 60 feet, 40 feet, 50. We're only going for 20 feet. COMMISSIONER SCHIFFER: Let me ask one more question. Do you own any other lots in this area? MR. FAWZY: No. COMMISSIONER SCHIFFER: So these three lots are the only lots that you own in the area. MR. FA WZY: Yes. COMMISSIONER SCHIFFER: I'm looking at a map and they're naming streets after you all over the place. And why is that? MR. FA WZY: Basically because there was no names on the street on site. And we're trying to get the permit used to go on (phonetic), they said that you have to pick a name for the street, so I just took two names in the street, two different streets. MR. YOV ANOVICH: I know it surprises you, but that's not a common name, so it was an easy name to pick. If you've ever dealt with Peggy, you've got to make sure you have a unique name. COMMISSIONER SCHIFFER: Well, Rich's daughter I believe better. I'm done, thank you. CHAIRMAN STRAIN: Mr. Adelstein, then Mr. Vigliotti. COMMISSIONER ADELSTEIN: In this situation up till now, when did you first start doing this? Have you dug any part of that hole? MR. YOV ANOVICH: No. COMMISSIONER ADELSTEIN: Nothing at all? Even when you could dig it out and other people take it out for you? MR. YOV ANOVICH: We couldn't. Because the county said to us, in order to remove the dirt, you have to go through this conditional use process. Now, we can -- we have three lots. We could remove 12,000 cubic yards without having to go through this process. But to remove the rest of the dirt to dig the -- COMMISSIONER ADELSTEIN: But there is -- up till now there has been no digging into the hole? MR. YOV ANOVICH: Correct. Page 73 1 61uguJ 2~2~07 CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Rich, I'm a little skeptical also from the beginning, so if you can not talk and Mr. Fawzy get up and tell me all about fishing. What are you going to do and how are you going to raise them after they grow, how do you sell them? MR. FA WZY: It's very, very simple. I don't really want to go in very small details. It's all in Best Management. I cannot really recall every tiny minute numbers in the book. But basically we take the fish when it's little for the first time, we put it in the cages, we feed it about three times a day, pallet (phonetic), and after four to six months the fish is big in size, we'll pull the cage out, we'll empty it, one truck will come, pull the fish. It will go wherever it's going. Now, there's private people that they might get some fish, they might pull a truck once a week for a restaurant. I have a couple of friends that have restaurants. And honestly, it's market. It's like McDonald's, only they don't give you the exact treasury (phonetic). But we don't know how many customers comes, too. I don't really know if it's exactly if it's going to go the same way. But what I'm seeing is it's coming from China. I would love to sell it to the local community, but I don't know how much they will be able to buy. The second option that I do have, and I'm saying that right in the open, that there's big fish farm. That there is salmon and all the big stuff. They will buy that fish if! cannot really sell it in the market as a wholesale, and they will grind it and make it as fish feed and they will sell it to the people. Simple and easy like that. If there are any other details you want to ask me, I'll be more than happy to answer. COMMISSIONER VIGLIOTTI: No, I'm just trying to get a comfort zone that this is really a fishing operation, like Brad had said, not a mining operation. I'm beginning to believe it's an actual fishing operation now. MR. FA WZY: It is. And please forgive me if!'m going over that and I'm going back again to our point. COMMISSIONER VIGLIOTTI: No, that's okay. MR. FA WZY: I've been living here in United States for over 25 years. I was born in Egypt. Over there tilapia fish was very common. We're not doing tilapia because the regulation. But honestly, I do have a license and I did study agricultural engineering. I have a bachelor degree in science, in poultry science. So I studied that. And it's a different atmosphere. COMMISSIONER VIGLIOTTI: Okay, I'm convinced. CHAIRMAN STRAIN: Any other questions? COMMISSIONER SCHIFFER: Let me just ask. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: I'm still trying to get comfortable with this thing. You're going to have a house down there. You're going to live down there? Or who's going to live in the house? MR. FA WZY: Actually, I'm going to put a trailer for the beginning. COMMISSIONER SCHIFFER: Right. MR. FA WZY: I'm thinking to make it as a site for a house. In the future I might build a house. I'm not saying that I'm going to definitely build a house there. COMMISSIONER SCHIFFER: There's an awful lot of parking shown there. It looks like maybe 10 parking spaces on each side. Is there any reason for that? MR. FA WZY : We were asked by the staff to do that a year ago, because it might be commercial. MR. YOV ANOVICH: Because of the buildings we're building there, the square footage of the buildings, there's required parking associated with the square footage of the buildings. Page 74 16\ 1\31; August 2, 2007 COMMISSIONER SCHIFFER: Okay. What do they classifY it under? I mean, because how big is that building? MR. YOV ANOVICH: It's an agricultural use. I mean, it's -- you know, it's part ofthe ago operations. COMMISSIONER SCHIFFER: But an office would be one to 300. That seems like a lot of parking for -- MR. YOV ANOVICH: The number was in the staff report. Let me find it here. COMMISSIONER SCHIFFER: If staff made you do it, then there's nothing -- MR. YOV ANOVICH: Okay. COMMISSIONER SCHIFFER: And then Mr. Fawzy, let me ask you a fishing question. So these containers are out in the lake, you hop on a rowboat or some device, you go out, grab a cage. And describe what happens then. MR. FA WZY: Most of the time the fish get trained after four months to feed. So if you catch the fish, they grab it back, or are we talking about feeding every day? COMMISSIONER SCHIFFER: In other words, you've got them in a bin, you've been feeding them, they're growing, it's time to get them. Describe what you do. MR. FA WZY: We're just going to make believe that we're feeding them again. They come to the surface of the water. We try to catch as much as we can with a net. And basically the net can hold certain weight. After we take as much as we can with the feeding, we'll pull the net out, the whole cage out to the side and just drain the water and pull the fish out. COMMISSIONER SCHIFFER: I mean, I got two answers, I think. I grew up near a fish hatchery, so I know the operation of it. So what you're going to do, one description, you said you take -- open up the top and you catch the fish, they think -- MR. FA WZY: Catch as much as we can. So like this one, we'll pull the whole -- COMMISSIONER SCHIFFER: And then you'll pull the cage over to someplace on the site. MR. FAWZY: Yes. COMMISSIONER SCHIFFER: You'll have a device that will lift it out of the water. MR. FAWZY: Exactly. COMMISSIONER SCHIFFER: And then you'll dump -- MR. FA WZY: The water will come out through the mesh, so that what is left is the fish. Now, if we do that in one shot -- some people do do that. But the cages that we do in it is a little bit big, so it's going to be too much weight on the net. So we don't want to break it. Sometimes we do double netting, too. People will put the net inside there, beside the cage, and when the time for collecting comes, you just pull the second net out and you leave the cage inside and just the fish comes out. There is so many different ways to do it, but I'm trying to do the easy way. COMMISSIONER SCHIFFER: Do you have any data as to how much area, let's take surface area, you need for fish bins to do this properly? MR. FA WZY: Well, we actually go with the weight of the fish, how much it consume, so how much waste is going to come out. And the recommended one is 1,500 pound for one surface acre. One acre, one foot depth, you can put 1,500 fish. 1,500 fish. COMMISSIONER SCHIFFER: So-- MR. FA WZY: So when it grows it's going to be about 1,500-- COMMISSIONER SCHIFFER: Yeah, but that's not the method that you're using. I mean you're -- MR.FAWZY: It is. COMMISSIONER SCHIFFER: Well, you've got them in cages. Page 75 161 187 August 2, 2007 MR. FA WZY: Yes. And this is the whole point. We put in the cages separated in the water. But the whole water amount is actually going to be moving around going through the cages. So we're trying to stay within the limit. They're going to be inside cages, but they are in the lake, so the water quality is going to be the same. It might be concentrated for a little while, but with the aeration and all of that, is actually going to be the same. COMMISSIONER SCHIFFER: I'm trying, Rich. So what was that figure again, the acreage? MR. FA WZY: It's 1,500. 1,500 pounds per one surface acre. And I think it's in the Best Management Practice. COMMISSIONER SCHIFFER: We don't have a copy of that, so that's the problem. COMMISSIONER CARON: Yes, we do. COMMISSIONER SCHIFFER: We do? I didn't. MR. YOV ANOVICH: Should have been part of the EIS. COMMISSIONER SCHIFFER: I don't have a copy of it. COMMISSIONER MIDNEY: I didn't get it either. COMMISSIONER VIGLIOTTI: I didn't get it. COMMISSIONER ADELSTEIN: Got it. It's here. MR. FA WZY: It's on the speaker. I don't know if you can see it. COMMISSIONER SCHIFFER: Okay, so your testimony would be that -- I won't be able to read it, but would be that this lake is no larger than required by the Best Management Practices. MR. FA WZY: There is no limit for it. As bigger as it gets, the better it is because more water-- COMMISSIONER SCHIFFER: Okay. But where is it then in relationship with Best Management? Is your lake 50 percent bigger, right on size, or where are you? MR. FA WZY: Well, for us, it depends on the lake. We're going to put fish. Now, I want to put as much fish as I can. But basically I'm going to have whatever the recommendation to be on the safe side. COMMISSIONER SCHIFFER: I mean, Rich, you see what I'm saying. I mean, there's a lake -- MR. YOV ANOVICH: I think the answer to your question is he's going to maximize the amount of fish he could put into this eight-acre lake. And the limit of the amount of fish is going to be the 1,500 pounds per one surface acre, okay? So he's going to be -- ifhe had more land, the lake would be bigger because then he could do more fish. But the amount of fish he's going to be able to produce is going to be limited by the size of the lake. The size of the lake is limited by the size of the property he has and how he can dig it based on the -- on how you dig a lake. COMMISSIONER SCHIFFER: So he's taken this piece ofland, designed the biggest lake he can get on that land and he will farm to that number. MR. YOV ANOVICH: Yes. Trying to produce as many fish as he can. And again, we're willing to show you the operation before he gets to take the profits from the removal of the dirt as temporary use. COMMISSIONER SCHIFFER: Okay, I'm done. Thank you, Mark. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Well, just so we're clear here, according to the Best Management Practices rules for minimum impact aquaculture facilities, it's 1,000 pounds per fish acre or less. MR. FA WZY: General one? MR. YOV ANOVICH: I'm sorry, Ms. Caron, which page are you referring to? COMMISSIONER CARON: They're not numbered. It is the aquaculture Best Management Practices rule. January, 2005. MR. YOV ANOVICH: Okay. Page 76 16 \ 1 B '3 August 2, 2007 COMMISSIONER CARON: It's labeled Exhibit 10. MR. YOV ANOVICH: Yes. COMMISSIONER CARON: Page 4, if you'd count them. MR. YOV ANOVICH: Are you past the table of contents? COMMISSIONER CARON: Yeal1. It's 5-L, 3.006. Minimal impact aquaculture facilities, (D). MR. YOV ANOVICH: Can I come up there and look at what you're looking at? Because I'm not-- we'll let Jeremy. MR. STERK: For the record, Jeremy Sterk, Hoover Planning. I think what you're looking at is a -- to get that classification as a minimal impact aquaculture facility, you have to meet that criteria. COMMISSIONER CARON: So this isn't going to be a minimal impact-- MR. STERK: Right. This -- for this -- COMMISSIONER CARON: -- facility. MR. STERK: -- specific classification in the BMP's, you meet that classification. COMMISSIONER CARON: So this will not be a minimal impact facility. MR. FA WZY: It will be a minimal impact -- CHAIRMAN STRAIN: No, no, sir, you have to get near the speaker. I'm sorry, we can't -- we've got to record what you say. MR. FAWZY: It will be minimal impact if we go with the 1,000 pounds per acre. And I'm actually going to be doing that by putting less fish than what actually is going to take. Ifwe have 20 feet of water, it's basically going to be down the 20 feet. It's going to be 20 times that 1,500 pounds. Now, the 1,500 pounds is what actually the requirement is saying. For the minimal impact, it's 1,000 pounds, right? COMMISSIONER CARON: Yes. Or less. MR. FAWZY: Yes. COMMISSIONER CARON: And you're telling me 1,500. MR. FA WZY: Well, that's what it is right here, too. It's allowed for 1,500, but is not minimal impact. COMMISSIONER CARON: Right. And that was my question. So this will not be a minimal impact facility. MR. FA WZY: Ifwe put the 1,500. But we going to put less than 1,500 per acre. That's why I'm saying, we got a bigger lake, we're going to put less amount, which is going to be less than 1,000 fish per an acre. Is that clear? COMMISSIONER ADELSTEIN: No. CHAIRMAN STRAIN: I guess not. COMMISSIONER CARON: Well, it's not clear because I'm hearing two different things being said. Earlier you said you were going to be using 1,500 pounds of fish per acre. MR. FA WZY: We can use that. So like this we don't get discharge, we don't have to use any equipment. But what we're doing actually, we put in less amount than that, which is going to be even less than the minimal impacts. We have about 20 feet of water. Each acre -- we got eight acres. So the amount of fish we're going to put inside there, it's supposed to be 20 time, because we have 20 feet of depths of water. We'll put in much less than that. So we're going to put about maybe 800 pound per acre when we're all done. Eight hundred pound per acre, which is going to be less than the minimum amount. Makes sense? CHAIRMAN STRAIN: The gentleman that spoke before you, the -- Jeremy, I think it is, could you tell me, you said you work for who? MR. STERK: Hoover Planning and Development. Page 77 16/ 1 B' August 2, 2007 CHAIRMAN STRAIN: I'm sorry? MR. STERK: Hoover Planning and Development. CHAIRMAN STRAIN: Okay. That's what I needed no. I'm sorry, I didn't recognize you. I thought you worked for planning and development here at the county and I thought this was David Moss's job. Thank you. Any other questions at this stage? (No response.) CHAIRMAN STRAIN: We've got to talk with staff yet and public speakers. And I have more questions of staff than I have the applicant, so -- okay, John, do you want to -- it's your turn. Rich, I'm assuming you're done with your presentation? MR. YOV ANOVICH: If you're done with us. CHAIRMAN STRAIN: No, but you're done with your presentation? MR. YOVANOVICH: Yes, sir. MR. MOSS: Thank you. John-David Moss, deparlu1ent of zoning and land development review. Staff has evaluated this application pursuant to the conditional use criteria that are outlined in the LDC and has determined that the proposed excavation as conditioned would be consistent with the purpose and intent of the agricultural rural, rural fringe mixed use district sending lands designation of the future land use element of the growth management plan, as well as the natural resource protection area and North Belle Meade overlays. The excavation would also be consistent with the agricultural zoning district requirements of the LDC. It would provide adequate ingress and egress to the property, would have a minimal effect on neighboring properties in terms of noise, glare, economics and odor. And it would be compatible with adjacent properties in the district which also share the same future land use and agricultural zoning designations. The required neighborhood information meeting was held on March 29, 2006 -- CHAIRMAN STRAIN: Could you slow a little bit? MR. MOSS: Am I too quick? I'm sorry. CHAIRMAN STRAIN: Yeah, I can tell when she's getting frustrated, because she's tensing up there, so you need to slow down. MR. MOSS: Sorry about that. And staff has received no letters of objection from the community. The Environmental Advisory Council heard this petition on June 6th, 2007, and they unanimously recommended approval, subject to the conditions. Staff is recommending approval of the proposed conditional use, subject to the development conditions contained in the staff report, which also include those recommended by the EAC. Thank you. CHAIRMAN STRAIN: I have one question before we get into general questions, and it's a procedural one. The only person up here apparently that's received these Best Management Practices is Ms. Caron. Do you know why? MR. MOSS: I was under the -- I'm sorry? COMMISSIONER CARON: Besides that I asked? MR. MOSS: Because she asked, yeah. I was told you were the only one who needed them and Mrs. Caron asked, so I didn't send them to anyone else. CHAIRMAN STRAIN: I didn't receive any. MR. MOSS: Oh, you didn't? Page 78 lu~u!t 2, 1~ ? CHAIRMAN STRAIN: No. COMMISSIONER MURRAY: Neither did I. MR. MOSS: Oh, I don't know why. I don't know why. COMMISSIONER MURRAY: We should give everybody-- CHAIRMAN STRAIN: Mr. Murray, you're going to have to come up to the speaker. COMMISSIONER MURRAY: I shall. I think in cases where documents are going to be given out, everybody should be given the copy. MR. MOSS: Well, I -- yeah. I think, you know, to save on paper, if we had to print all ofthese additional EIS's, we only give them out when we think it's necessary. I thought all the relevant information would be contained in the staff report, but apparently you wanted to see the document itself. CHAIRMAN STRAIN: Well, we'll go on with the questioning. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I got an e-mail, and the e-mail asked me if! want a completed EIS or just the recap of it, and I requested just the recap. And I responded to the e-mail from staff, so that's why I don't have it. CHAIRMAN STRAIN: No, no, this BMP is not part of -- or is it part of the EIS in this case? MR. MOSS: It was in the EIS, yes. CHAIRMAN STRAIN: Okay. So because we didn't get the whole EIS, and even I didn't this time, we didn't get the BMP's that were attached to it. Interesting. COMMISSIONER SCHIFFER: Mark, can I say something? CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: And in reading, you know, the Best Management Practices, I think what the petitioner is saying isn't even true. What it says is that it's per acre surface area. It's not 20 feet. So he doesn't have 20 levels of it. So the concern is we're really trying to get our hold to feel that this is sincerely an aquaculture thing. That statement, I'm confused that the petitioner knows, you know, what he can do with the Best Management himself. So what I'd like to do, Mr. Chairman, is I would like to read that before I make I think a fair decision on this issue. CHAIRMAN STRAIN: Well, there are some other issues that if we're going to go in a direction where this is going to be delayed, staff needs to do some research on some issues that I've not yet had time to discuss that I certainly would like to. Let me see where everybody else is wanting to go. Anybody got any questions at this point of staff? (No response.) CHAIRMAN STRAIN: Okay-- COMMISSIONER MURRAY: I'd just like to make a comment. I think that you need to know that we don't always know what we need to know. He may, I may not. COMMISSIONER ADELSTEIN: I don't. COMMISSIONER MURRAY: So you need to think weakest link in the chain. CHAIRMAN STRAIN: John, now, can you tell me, is this based on the zoning maps in a wellfield area? MR. MOSS: No. Oh, where on the map? I'm sorry, if it's on any of the zoning maps? CHAIRMAN STRAIN: Well, it's in the zoning map. You sent it with the package. That I did get. And it showed to be in a W3 area, which is a wellfield area. Am I right or wrong? Page 79 161 187 August 2, 2007 MR. MOSS: That is right, yes. CHAIRMAN STRAIN: Okay. If it's in a well field area, it comes under conditions of the natural groundwater aquifer recharge sub-element, does it not? MR. MOSS: Yes. CHAIRMAN STRAIN: Okay. And in that particular recharge sub-element, Policy 2.3, it says county standards for protecting the quality of groundwater recharge within the wellhead protection areas identified in the future land use element shall be those provided in 3.1.1 of the conservation coastal management element. So if you turn to policy 3.3.1 (sic), you have wellhead protection areas identified in the future land use map series shall be protected as follows. There's one, two and then number three. Number three says, conditional uses shall be granted only in extraordinary circumstances and where impacts of the development will be isolated from surficial and intermediate aquifer. I also point to the Water Management District and pulled out the locations ofthe surficial aquifer system, and sure enough Collier County is one of them. Now, I'm just curious, with the testimony we've had about all the feces and things dropping to the bottom of this pond, the potential of nitrogen and other chemicals being produced from all the decay of that matter and the chemicals they'll probably need to treat the fish to keep them healthy as times go on, how is this an extraordinary circumstance that would potentially impact our aquifer? How was this rated? I mean, it seems to me it's a sending land that -- this isn't extraordinary. In fact, you can leave a sending land a sending land and then it becomes less extraordinary. And I'm just wondering where the reasoning was for staff on this issue. MR. MOSS: I'm going to defer to Laura Royce from environmental on this. (Speaker was duly sworn.) MS. ROYCE: Laura Royce from Collier County Environmental Services. We use the criteria in the LDC when reviewing projects that are within wellfields. And it's -- it restricts projects that create or store or use hazardous waste products. And none to my knowledge are being used on this site. CHAIRMAN STRAIN: Do you consider an aqua-farm in a sending land in this location to be an extraordinary circumstance? MS. ROYCE: I don't -- it meets the criteria of a Right to Farm use. CHAIRMAN STRAIN: No, you're not -- are you reviewing this under the county codes and ordinances or the Right to Farm Act? Which are you reviewing it for? MS. ROYCE: The county codes and ordinances, which refer to the Right to Farm Act also. CHAIRMAN STRAIN: You don't know of any extraordinary circumstance that this provides? MS. ROYCE: I can't say that I do. Maybe County Attorney can-- CHAIRMAN STRAIN: Well, let me finish, because another one I might as well ask you ofthen. We also have in the North Belle Meade area a provision under sending areas in regards to roads. Other than the reference Wilson Boulevard extension and surface haul road, any new roads and improvements to existing roads within sending areas shall be designated with aquatic species crossing, small terrestrial animal crossing and large terrestrial animal crossings pursuant to Florida Fish and Wildlife conservation criteria. Was that done in regards to the roads that have been recently cleared and provided to get to this location? MS. ROYCE: Not to my knowledge. CHAIRMAN STRAIN: Okay. Thank you. Any other questions of -- Richard? Page 80 1 ~u!ust t 2~oi MR. YOV ANOVICH: I want to clarifY something for the record. Weare not asking for a conditional use for a fish farm. Let's -- let me give you an example. If! had 30 acres and I decided to dig a 15 -- same lake, and store the dirt on the other 15 acres, I'm not here. I'm not asking for anything, I'm digging the hole, I'm stocking the fish, and I'm getting an SDP. The conditional use we're asking for is to take the dirt off the 15-acre piece. It's not for the aquaculture operation. So we're confusing things. And we need to keep that straight. It's for the removal of the dirt, not for the farm. There's no conditional use for this farm. It's to take the dirt off site. CHAIRMAN STRAIN: Margie, you want to address that issue for us, please? MS. STUDENT-STIRLING: Yeah, I was also trying to make the point that we need to look at the conditional use that's being asked for, and then the relevant -- and as I understand it from reviewing the staff report and what I've heard here today, it is to not even remove the dirt out of the ground, it's to take the dirt off of the site. And so that I guess is the environmental -- what environmental issues or environmental portions of the compo plan, hauling the dirt off the site, would be the ones to focus on. CHAIRMAN STRAIN: How was this advertised; do you know? It says for approval ofa conditional use in the rural agricultural zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture facility. So it doesn't reference in the advertisement that it's for moving the dirt off-site, it says to excavate. And if it isn't a conditional use for excavation in an agricultural area, then what is it? MS. STUDENT-STIRLING: Let me ask for clarification from staff. Is the conditional use for digging a hole in the ground if you were to retain the dirt on the site, or is it conditional use because you were taking the dirt off the site? I am confused. MR. MOSS: It was my understanding that the conditional use was to excavate for over 4,000 cubic yards of dirt. MS. STUDENT-STIRLING: So it's digging in excess of that amount, whether or not it remained on the site. MR. MOSS: Yes. MS. STUDENT-STIRLING: Okay. Thank you for that clarification. COMMISSIONER MURRAY: Mr. Tuffwants to -- CHAIRMAN STRAIN: Mr. Tuff, then Mr. Murray. COMMISSIONER TUFF: It seems that the reason we're having all these difficulties is because we're not believing it. But the other -- I guess it's not for staff who I'm asking. But before anybody goes in to plan -- to open a business, they have a rough idea. I'm going to have this many fish, I'm going to produce this many a year and this is how much I'm going to sell it for, here's what it's going to cost. There's nobody here that believes that somebody's going to make money. And if somebody could say, well, here's how much money we're making -- I know it's not part of the process, but maybe everybody would ease up on the others if they really believed that yeah, I'm going to make this much money this year and there should be more people doing this. And I think that would at least clarifY the believability that this is what it's really for. MR. FA WZY: I'd be more than happy to say that, but I cannot guarantee the numbers. And like I was saying, if anybody here goes to Publix, you know the fish, it's about $6.00, 5.99, the tilapia fish. Or the catfish is almost the same, $5.00 per pound. Now, the cost for me, it will cost me about $2.00 to $3.00 to raise the fish. I cannot say it's $2.00 because the food goes up, something gets damaged, electricity goes down. It varies. But ifI'm going to put the 100,000 fish, I'm going to make $100,000. Now, that's every six months. That's $200,000. If! take a million dollars from the dirt and put it in the bank, it's going to give me $50,000 the whole year, if I'm lucky, if I got good interest rate. If I'm going to do the fish farming, I'm guaranteeing myself, because I know what I'm doing, Page 81 ")l~~r, 1~'B3 ,', 'u ~ August 2, 2007 nobody else is doing it but me, at least $] 00,000. So it's more practical to me to do the fish farming. COMMISSIONER TUFF: Now, you had mentioned if there wasn't a market at that moment that you could sell it for fish feed, you said. And so what would that bring you? MR. FA WZY: That's going to actually reduce the amount of making the top dollar. It will actually be about 60 percent of what -- the original. So the worst case scenario, I will be making $60,000 every six months. Because the fish after six months is grown up and we leave it outside. That's the whole point if this, why we wanted to do the fish farming from the beginning. And honestly, I started in another location, it was about five acres. And due to the fact that I like the water and I think it's going to help, I was told from the county staff it's not allowed to dump or take any water out. At the time I didn't realize that. I was new here in Florida. I've been here only]O years. And for the few years I've been looking for a location that's agriculture. That's why I went to that area. And everybody in the neighborhood at that time, go ahead and dig it, it's agricultural, nobody's going to say anything. I insisted for the last five years going through all of this just to make sure that I'm doing the right thing so nothing happens after that that I can regret or somebody will look at it and say okay, it's not right. Now, the issue is the dirt, and I understand that. But this is not the issue for me. Because when I started, there was no money in it. And now the dirt is going down and the headaches that we're going through. I spent a lot of money for that, just to do the right things. And for the other points for the nice lady, she was asking about the] ,500 and the 1,000. It's two different type, with the line in and no line in. When you put line in, everything got accumulate inside there, so it's a little bit worse. So I just want to clarifY that. CHAIRMAN STRAfN: Did you do a pro forma for your business? MR. FAWZY: Did I do? CHAIRMAN STRAIN: A pro forma, a business model. MR. FA WZY: Actually I did design the lake and everything. There is a lot of studies that have been done outside, not specifically for that one, but it's like a model, like the Best Management, they do have the feed amount. CHAIRMAN STRAIN: No, I mean a financial analysis. Did you lay down how much fish you're going to raise, how fast you're going to feed -- how much you're going to feed them, how you're going to turn them over, the equipment you've got to buy, the cost of marketing, the cost of processing, the cost of the labor to pull them out of the -- did you do an analysis of all that? MR. FA WZY: Actually, I did a big study about that. I didn't put it as my own, but I look through so many different sources. I talked to couple of professors at Miami University, Dr. Griswald, who was going through with me with the process, and aquaculture department. And actually we did a lot of analysis for modeling farming that they have already. And actually one of them was shrimp farming. And we were going to submit it to you guys, but it was like out of question because it's shrimp and after that tilapia. So going through circles for the last couple of years, trying to see where we're going. But we do have a very good idea about how much it would cost. The license that I obtained from the aquaculture department, it's basically for 50 cages. Each cage will have about 1,000 fish, so it's 50,000 fish. The feeding rate is always three times a day. Now, with the waste, if it's 1,500 pounds, we can reduce the feeding too, it will reduce the waste. So even when going with 1,500 pound as maximum, we can reduce the feeding times of three time will reduce the waste, too, so -- CHAIRMAN STRAIN: I appreciate your answer, although I think what you just said is you don't have a financial model for yourself for this operation based on this lake and your operation. You've got one that you generally found and you're just using that, is that -- Page 82 lA~~st 2~~7? MR. FA WZY: I can actually say yes. Certainly 100 percent I do have six of them. Because what happened, honestly that we did that, and after six months, the excavator asked for a different price. We cannot really keep it in track. I can tell you, the bottom of my heart and the top of my head exactly what I'm going to do and how much it is. Like I said right now, it's simple like that. But even if! submit it to you today, I don't know how much the dirt is going to be tomorrow, how much the net is going to be tomorrow. I can give you a rough idea how much it will cost and answer any questions right now off top of my head. CHAIRMAN STRAIN: Okay, Mr. Murray? COMMISSIONER MURRAY: Yes, sir. Let's talk about the concern that I think everybody here would have with regard to water, the aquifer and not discharging materials inappropriately and whether that's the subject of this, or not, as contested. You have both anaerobic and aerobic bacteria in the water. And the anaerobic bacteria will be in the lower layer and they will accumulate. And as you know from your studies, if you've studied this, you realize that this material takes certain disposition, and it finds its way into the surficial aquifer. What is it that -- you're of course ultimately going to have to take much ofthat material out at some point. You cannot let it totally accumulate. Because the bacteria will just simply not have enough to feed off of itself, okay? My point is with the sludge and the rest of the materials, you said you get down to a very finite material. You're almost indicating that it's a simple particle in the water, which is -- there's always some kind of particulate always. So let's hear a little bit more about your knowledge about how -- no, Mr. -- let's hear a little bit more about your knowledge how to protect the water. You're not going to put a layer there, not going to put something there to protect the water, you're not going to put them in tanks. So we have a responsibility to try to understand that you understand if you're going to start this job that if your business plan is based on feeding and grabbing the fish and making money, that's not enough for me. And I need to understand that you know what it is that you're dealing with in that. Did I make myself clear with the question? MR. FA WZY: Yes. And I hope I can answer as clear as it is. COMMISSIONER MURRAY: Well, that would make the confidence rate go up, I think. MR. FA WZY: Yes. It's simple. It doesn't sound so complicated, not very scientific, but it's simple. As more water, less fish, less waste. This is as simple as it gets. Now, I'm not going off the subject, but we have a lot of septic tanks all over Golden Gate Estates. Human feces. Actually, it's 100 times more than the waste of the fish in one year. Now, I can get the statistic to say that. Now what I'm going to do about it, what I was thinking about doing about it, and instead of just putting line in, the line in after six months, I have to throw all of this water out. COMMISSIONER MURRAY: You've already said that. If that's all you can give to me, I appreciate it. Thank you. MR. FA WZY: Now, what I'm trying to say is, too, the biograding that they going to be there -- there's a couple of type offish that they actually can consume a lot of bacteria inside there. I'm not going to use any fertilizer. There is some ways that you break down the material, the nitrate and phosphorous, they don't go away. We can put plants, and we're planning to do that but we still need to go through the process, because we don't know which direction we're going. There is some type of plant and grass that we can grow that can absorb that and use it as fertilizer. COMMISSIONER MURRAY: I understand. But this coliform bacteria, anaerobic bacteria that will be there are potential detriment to human beings. And if this gentleman wants to try to answer the Page 83 16' 183 August 2, 2007 question, I'd be happy to hear it. MR. SMITH: For the record, I'm Dean Smith from Grady Minor and Associates. And it's not widely known, but my education is in chemical engineering. I practice here in civil. But what Mr. Fawzy is planning is to follow the Best Management Practices, which the limits that they have in here are established to provide for a low enough level of waste materials that would create those anaerobic conditions that you're talking about so that there's enough volume of water to turn over, enough surface area for the sunlight to degrade the materials properly, and for it not to create a problematic situation. Where those masses are building up, where the system has enough capacity to keep up -- COMMISSIONER MURRAY: There's no leaching, right? MR. SMITH: Right. COMMISSIONER MURRAY: Let me interrupt you for a second, because the concern I would have there is you might be right, relative to a parcel ofland where you didn't have a special requirement such as a surficial aquifer that you're concerned with. I'm just concerned with whether or not the Best Management Practices here are fully understood to protect human beings. And that's really where I'm coming from. And if you are a chemical engineer, you know exactly what I'm relating to. MR. SMITH: And being that that's not my field of expertise, the aquaculture system and everything that the Best Management Practices are based on, I'm relying on the people that prepared these Best Management Practices, who are actually experts in the area of aquaculture and its effects on the environment and what's necessary to operate the system properly. COMMISSIONER MURRAY: I appreciate your attempt to try and qualifY, and certainly to the extent that you could defend. But what you and I may not know, because I assume you do not know, is whether or not the people who came up with the Best Management Practices took into consideration that this body of water with these fish will be on top of a surficial aquifer. MR. SMITH: Well, there is reference to drinking water aquifers in the Best Management Practices that are written here. COMMISSIONER MURRAY: Okay, if that's -- MR. SMITH: There are. And for public water supplies, it's not the surficial aquifer that they're drawing from. COMMISSIONER MURRAY: No, I realize. MR. SMITH: So we're well above any containment between that public water supply and the surficial aquifer. So any effects of that would be something that would be off-site that's connected to the surficial aquifer. And I'm sure that part of your concern there is environmentally sensitive -- COMMISSIONER MURRAY: Absolutely. MR. SMITH: -- lands there that are off-site. But in reading through these Best Management Practices, it seems that that's their intent is to address that. And in cases where -- I mean, there are cases in these Best Management Practices that you can go above these levels if you institute other treatment practices. And some ofthose can be things like septic systems like there is for human waste products -- COMMISSIONER MURRAY: Leaching field. MR. SMITH: -- you can do it that way. But there's a whole outline of how you address that. And the levels that we've been referring to here are more in terms of off-site discharges. So that if you stay below these levels, then discharging waters from your system off-site is considered safe under these practices, rather than what we're proposing as a zero discharge system where everything is -- COMMISSIONER MURRAY: I thank you. MR. SCHMITT: -- maintained on-site. Page 84 161 181; August 2, 2007 CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: Yeal1, my problem here is going through this again. He thinks that he -- I know that we have already approved quite a few PUDs that have gotten their proof through and have actually gone broke. I mean, this didn't work out, it's not going to work out. We've never tried to say well, why shouldn't we try to help you or why shouldn't you just do it the way you should do it. Now all of a sudden here's a gentleman that thinks he knows what he's going to do, he's ready to put out the things he needs to do to get it done, and we're trying to say to him well, do you really know how to do this? That's not our problem. The problem is it's his, and he thinks he knows what he's going to do, he's got a darn good right to try to do it, and he could be very successful with it. But every single PUD that we put through here has not been successful. But a lot of them have. And this gentleman has a right to do it that way, too. And I can't see any reason why we're pushing him around the block. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Yeah, and maybe you could help answer this. And you're familiar with the Best Management Practices of it? MR. SMITH: Somewhat, yeal1. COMMISSIONER SCHIFFER: And he has a ratio, and it's surface area. It wasn't like he was describing. So that's not -- MR. SMITH: I agree. COMMISSIONER SCHIFFER: So there's confusion there. Well, anyway, a point is that he's going to put these things in bins, essentially 5,000 square feet for the bin. So I mean, isn't he -- I mean, how does that ratio matter once you cage everything? And aren't we starting to become cruel to the species ifhe's going to put the amount that you can put free range in 50 bins? Essentially 1/75th of the water area. MR. SMITH: Well, I can't speak to that exact point about the condition of the fish themselves. But he is correct that the bins provide for aeration through the sides. It's not an entire complete enclosure. So-- COMMISSIONER SCHIFFER: Well, I understand that. MR. SMITH: -- that the entire volume does have the effect that he was referring to, and that that's COMMISSIONER SCHIFFER: But it constrains the movement of the fish. Obviously that's why they made the bins. MR. SMITH: Yeal1, obviously it would do that. And that's borne because it's a commercial operation and it's for ease of operation. COMMISSIONER SCHIFFER: But your knowledge of the Best Practice, it's okay to take a density that's rated for per acre free-range fish and stick them in a little bin? MR. SMITH: The ratings that I read in the Best Management Practices have to do with the amount of waste materials that are produced. So that's just a straight volumetric comparison that they've used here. It wouldn't matter if they're contained and they're living in a smaller space. It's the water volume that affects that ratio and how -- COMMISSIONER SCHIFFER: Okay, that's enough. MR. SMITH: -- much volume there is for those anaerobic and aerobic bacteria to degrade the materials. CHAIRMAN STRAIN: Thank you. I think John, I'd still like to ask you a question or two. Do we have any standards for EIS's? Have they got to have certain criteria to be submitted? And I'm not saying this to disqualifY this particular EIS. That has nothing to do with it. But I've never seen a handwritten EIS that we had to decipher like hieroglyphics to try to understand what it says. Page 85 161 183 August 2, 2007 But the one that you sent me was all done in handwriting, and it certainly wasn't anything that -- I could hardly read most of it. So I don't know, maybe again I didn't get the right package. But here's mine, if you guys want to see it. COMMISSIONER ADELSTEIN: Mine's the same way, too. MS. ROYCE: That looks like a wetland determination by a private consultant. I think that was one of the exhibits ofthe EIS, but that was not the entire -- CHAIRMAN STRAIN: Okay. Well, then that leads me to my next question. Where's the EIS? MR. YOV ANOVICH: Just so you know, Mr. Hoover does good work. CHAIRMAN STRAIN: Well, I can honestly tell you, for the record, I never received any of this information. COMMISSIONER MIDNEY: I didn't get a single page of it. CHAIRMAN STRAIN: Neither did I. MR. MOSS: Yeah, I apologize. I have no idea why it wasn't mailed out. We're kind of at a loss here. CHAIRMAN STRAIN: Well, all I got was this handwritten thing that I was surprised that the county accepted it, because it was in -- it says Tropical Environmental Consultants and it's all handwritten and very difficult to even make any sense out of it, so -- COMMISSIONER VIGLIOTTI: Did anyone else get the e-mail that I got? CHAIRMAN STRAIN: That's not to do with this. That was another issue. Okay, well, we don't have an EIS. Well, we do have one, but this isn't it. I've got one question for Nick. Nick, I appreciate you sitting here all day listening to seven hours today. Of course you got an hour offfor lunch, so -- MR. CASALANGUIDA: For the record, Nick Casalanguida with transportation. CHAIRMAN STRAIN: That's one day that probably Phil could have came and sat here, and I wish we had known that before the day got into it. MR. CASALANGUIDA: The AUIR. CHAIRMAN STRAIN: Access to this facility. Are you familiar with the access points to this facility? MR. CASALANGUIDA: Slightly. We reviewed them. Some of those are public, some of those are private roads as you get out to the Boulevard. CHAIRMAN STRAIN: There was talk about maintenance agreement in place. Do you know if one was put in place? MR. CASALANGUIDA: It would be -- if this was approved, it would be -- to bring forward a maintenance agreement, we would send out our road crew to do an analysis of the public roads and the existing conditions. CHAIRMAN STRAIN: What about the private roads? MR. CASALANGUIDA: We would review the private roads. But if there's no complaints from the neighborhood -- and again, he's referenced there's no adjacent property owners within a certain distance, so -- CHAIRMAN STRAIN: Are there any concern for access in case of emergency vehicles, since we're operating on basically a commercial operation out here? MR. CASALANGUIDA: It's consistent with an agricultural operation, I guess. So I think we probably didn't review it as such for a commercial application. CHAIRMAN STRAIN: Any other questions of Nick? (No response.) CHAIRMAN STRAIN: Nick, that was your moment of glory. Thank you. Sorry. Page 86 161 18'1 August 2, 2007 Okay, I don't have any other questions. Ms. Caron? COMMISSIONER CARON: I just have a couple on the EIS. And since I'm the only one who got it, I'll at least ask a couple of questions on it. In here it says that the parcel is located within primary panther habitat. There's that statement made and nothing else in this entire EIS about panthers. MR. STERK: There actually is reference to an e-mail. We contacted FWC about their concerns, and there's an e-mail as an attachment to the EIS from the Punta Gorda office. CHAIRMAN STRAIN: What does it say? Since we don't have the EIS, or most of us don't. MR. STERK: Give me a second to pull it out here. CHAIRMAN STRAIN: Margie, while he's looking for that, was this advertised properly, based on what you've heard here today? MS. STUDENT-STIRLING: Could you -- I think it said excavation, right, in the ad? And as I understand -- CHAIRMAN STRAIN: Well, I haven't got the ad. MS. STUDENT-STIRLING: -- it's for excavation, and not just hauling it off-site, but it's for excavation over a certain amount of cubic yards. And I understand the ad said excavation, so that would be direct. MR. STERK: This is actually e-mail correspondence between myself and Stephanie Russo in the FWC Punta Gorda office. In general, Better Management Guidelines, fencing, dumpster, signage should be followed where applicable. One hundred foot native vegetation buffer along the perimeter of the property and outlined prevention of wading bird attraction, if they can be harmed from aquaculture operation. I think there would be minimal impacts to panther. As this is a small property, it would not significantly fragment a movement corridor. The buffer from the land carrying an operation activities rnight be a deterrent. I know that this is fairly degraded from evasive plant species, ditching and other land-altering activities from the past; however, a buffer is recommended to reduce any further edge effect and opportunity for habitat quality reduction in the undeveloped portion surrounding the property. COMMISSIONER CARON: Okay. But in the end of your EIS, you have no intention of doing the buffer that she talks about. MR. STERK: We actually spoke to county staff about that and we upgraded the landscape buffer that was required. Because obviously this is a small parcel of land, a l5-acre parcel. A hundred foot buffer around the perimeter isn't all that feasible. So we did talk to county staff about upgrading that perimeter buffer. COMMISSIONER CARON: But it wasn't county staff that was requiring that. MR. STERK: Correct. And I don't take it from Ms. Russo's e-mail that she was requiring it either. This is her recommendations, guidelines. CHAIRMAN STRAIN: Do you need a permit from her department? MR. STERK: No. CHAIRMAN STRAIN: Okay. Any other questions of staff or the applicant before we get to public speakers? Mr. Schiffer? COMMISSIONER SCHIFFER: And this is for you, Rich. Can you explain the TDR status of the project right now? MR. YOV ANOVICH: The TDR status? COMMISSIONER SCHIFFER: Yeal1, since it's been cleared. Isn't it-- MR. YOV ANOVICH: We don't have any for 25 years. Page 87 16J 163 August 2, 2007 COMMISSIONER SCHIFFER: Right. Thank you. CHAIRMAN STRAIN: Anything else? (No response.) CHAIRMAN STRAIN: Okay, Ray, are there public speakers? MR. BELLOWS: Yes, we have one public speaker. Nancy Payton. CHAIRMAN STRAIN: I bet you never had so much fun in one day in your life. MS. PAYTON: No, I had it last week over Hussey. CHAIRMAN STRAIN: That was Richard too, wasn't it? MS. PAYTON: It was, it was. Nancy Payton, representing the Florida Wildlife Federation. And we're here today to urge you to recommend denial of the conditional use permit because it is not a compatible use in the sending NRPA area. Mr. Fawzy purchased this parcel after the North Belle Meade overlay was adopted in 2002. He should have known, ifhe had done due diligence, that the land he wants to dig and haul away on new roads is targeted for habitat protection and restoration in response to the 1999 final order. Mining, as Mr. Y ovanovich confirmed, is not allowed on this property because it is not a compatible use, it is not an appropriate activity in NRP A sending areas. You destroy habitat. The whole designation is to preserve and enhance habitat. There are other areas in the county where a fill and fish farm could be done with little if any major impacts that we're discussing today. I understand the Right to Farm Act and the implications of that, but this is a conditional use permit to dig and haul away fill on new roads in a remote rural area. The cumulative and secondary impacts to the sending NRP A lands are significant and provide a legally defensible denial. Listed species: Florida panther, most notably is -- this is an area that we have targeted for mitigation purchases and for habitat restoration. Because of its location, it is, and it was confirmed that it is, primary panther habitat. And we did not hear any comment from Mr. Sterk that the Fish & Wildlife said that there were no problems. He only talked about the Wildlife Commission that really has no regulatory authority over panther activities or panther damaging activities. And I haven't seen the packet, but I don't think there is any letter in the packet; otherwise, he would have shared it with you. So we have the listed species activities, we have the roads that are required, if they're to be built, that provide the crossings and other associated amenities such as fencing that protect wildlife. The road issue has not been discussed at all, and it's going to be significant roads that are going to be built to accommodate the dump trucks that are going to be moving back and forth to take away that fill. And they like roads that are wide enough so they can pass each other, they don't pull over. And Mr. Hardy's operation speaks to that. Mr. Hardy's operation was a 20-acre lake. This is roughly half of that. But the road that was built in there was a significant highway with lots of rumbling in and out of there and lots of secondary impacts. So the road is an issue and it is a significant intrusion in a rural, remote area. And we also understand there have been inquiries from other landowners along that new road inquiring about the same type of activity. So we're concerned about that sort of domino effect of hey, this is a way we can do something that we're not supposed to be doing in there. And briefly, I just want to touch on the water quality issues that have been debated today. Mr. Fawzy wants to dig a fish farm. Well, he can do it in a manner that he stores the fill on site. If he wants to do a fish farm, dig the pond and store it on site. Because if it fails, then we can fill that hole again. Page 88 16 I 1 B, August 2, 2007 Otherwise, he can do fish farming above site that will not have that terrible implication of digging the hole and the associated activities. Again, I ask for the letter from the Fish & Wildlife Service that says that there are not any listed specIes. There are a lot of other things that I heard today about well, if the fish farm doesn't do well that he'll sell the fish for fish food. Well, if there's not a market out there for fish, there's not going to be a market out there for fish food to grow more fish. So a lot of things didn't track. And I'm confused again about the fill money and how that relates to the farming operation. Because it appears that he has some sort of business plan for the fill money but not so much for the actual aquaculture operation. So again, I urge you to recommend denial, because this is not a compatible use in a natural resource protection area which the county was mandated to establish to protect natural resources, to protect habitat. Thank you. CHAIRMAN STRAIN: Thank you. Any questions? (No response.) CHAIRMAN STRAIN: Thank you. Richard, do you have any closing comments? MR. YOV ANOVICH: Yes. We spent a whole lot oftime asking my client how he was going to operate his business. I think he showed you he put a lot of time and thought into what it would take to do this business. Now, I don't know anybody else where you've required them to come forward with a written pro forma to show that they're going to make money trying to go into the venture they're trying to go into. The use is an allowed use. If we had more land we could dig the lake just as big, stack all the dirt up. And the whole focus has been how are we going to operate the farm. The focus should be in how long is it going to take for him to construct the farm and get the dirt off the site. We have -- your stipulation says we have 18 months to get done constructing this farm and getting the fill out. We can live with that. It's a temporary use. It's no different than what a developer goes through to clear and get their development ready for homes or anything else that they're going to do. It's the same use. He's just trying to prepare the area for the fish farm. Again, the land is cleared. It can be cleared for any other ago use. He built access to his property. He's allowed to have access to his property. That's all he did is he built access for his property. It's going to be __ the same area that's already been cleared for the access will be used to remove the dirt. And when the dirt's gone he's going to have an aquaculture operation that has very limited access and very limited transportation. This is not an incompatible use. Your staff has already opined it's a compatible use with what has been proposed. There's no contradictory testimony to your staffs testimony that this is compatible use. There's been a whole lot offocus about, you know, what's going to happen if you approve this petition. I don't know what's going to happen if somebody else wants to do this. If someone else wants to do a legitimate aquaculture operation, good. That's not wrong. It's a legitimate way to eam a Jiving and it provides food to others. If it encourages other people to go into business -- frankly the EAC liked that idea. They thought it was a good idea to have aquaculture operations and other agricultural operations in Collier County, instead offocusing so heavily on the construction industry and other things. I don't think it's a bad use for the property, it's compatible for the neighbors. The neighbors are not here because we spent time with the neighbors explaining the operation and how we would make sure that the roads, Dove Street and others, would be properly maintained while we're taking the dirt off the premises. Page 89 161 1133 August 2, 2007 We have done a good job of getting this petition before you. We've followed the rules. Mr. Fawzy has followed every rule and has jumped through every hoop he's been asked to to finally get here. I think he has the right to enter into this business, I think he should be given the opportunity to enter into this business, and we would like you to follow both the EAC's recommendation and your staffs recommendation to forward this to the Board of County Commissioners with a recommendation of approval. CHAIRMAN STRAIN: Thank you, Richard. Mr. Murray? COMMISSIONER MURRAY: About the NRP A, do you have any concerns about the fact that Ms. Payton brought up that these are NRP A lands? MR. YOV ANOVICH: And in the NRP A lands, it specifically says that agricultural uses are permitted uses. So no, I don't, because it's a legally allowed use. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Any other questions? Mr. Schiffer? COMMISSIONER SCHIFFER: Just to Rich. Rich, I have no qualms that he wants to do the aquaculture. I know that's allowed. The reason the suspension comes into it, he has to do something that isn't allowed to get at something that is allowed. And that's why the sincerity -- you know, the real concern I have is the fact that he's going to do the allowed use. The hanm1ering on the questions about fish farming is to try to develop comfort in that. MR. YOV ANOVICH: He is allowed to remove the dirt. COMMISSIONER SCHIFFER: 4,000-- MR. YOV ANOVICH: And we're going through a process that would allow him to remove more, which he can do. COMMISSIONER SCHIFFER: Right. MR. YOV ANOVICH: And again, I hope -- and it can be part of the motion. We've talked about giving you those financial assurances that he really wants to be a fish farm and that he wouldn't have access to the proceeds from the dirt, other than what it would cost him to get the farm up and running until he's showing you he's a farm, that he is not using this as a ruse to be able to remove the dirt from the ground. COMMISSIONER SCHIFFER: And there's two things missing from my mind. One is that there was a nice study -- and maybe it's in the Best Management that I didn't get -- showing that here's the size of this lake, here's what I want to do and here's how the equations all work out and that's exactly the size of the lake that I need. And maybe he worked it backwards. Developers take a piece ofland and they design the biggest thing they can on it. There's nothing wrong with that. That's missing. The other thing that's missing is, you know, him saying, you know, well, I know I'll make some money on the dirt. I'll use that money to fix my thing up. But, you know, the real money I want to get at is the money I'll make from fish farming. MR. YOV ANOVICH: He just told you, he's going to make $200,000 a year ifhe -- 100,000 each six-month increment. And he believes his worst case scenario, he's going to make 60,000 each increment. That's $120,000 a year. That's a nice living. COMMISSIONER SCHIFFER: Right. But also the three to four mill I think he could obtain from the fill is a nice chunk, too. MR. YOV ANOVICH: Remember, you've got to remove the dirt. He's going to pay somebody to come -- he's not an excavator. He's going to pay an excavation company to come in and remove the dirt. They've got expenses in doing that. Page 90 161 IS"? August 2, 2007 COMMISSIONER SCHIFFER: But Rich, my only experience with the numbers, and this is limited, is that somebody would pay $18 a cubic yard to pick some dirt off of some guy's site, extra dirt. MR. YOV ANOVICH: Well, and I don't think there's any testimony of that in the record. He's certainly got going for that today. And you know what, Mr. Schiffer? It's like when he started this it was a break even. He was begging someone, come dig the hole and take the dirt. And market conditions changed and guess what, there became some value of the dirt greater than the value from digging the hole. That's not wrong. He started this process when he bought the land in 2003 and started the conditional use process in 2005. COMMISSIONER SCHIFFER: Okay. Give me the assurances that he's going to go into fish farming that you referenced. MR. YOV ANOVICH: I told you what we would do is whatever he gets paid to remove the dirt, which at the heyday he was told he would get $5.00 a cubic yard. They said there would be $10.00 of profit. The excavator was going to take half and he was going to get the other half. Okay, so we'll use the heyday numbers that I was told, which would be a million and a half dollars. COMMISSIONER SCHIFFER: Well, he'll use whatever number he gets. MR. YOV ANOVICH: Whatever he gets. Whatever number. Whatever he gets paid for the dirt, we'll put it in an escrow account. If you want it to go into my escrow account, that's fine. He'll then give the invoices for what it's cost him to date, because he'd like to pay himselfback, and invoices for the construction of the farm; buying the cages, doing what he's got to do. I'll pay those invoices. The difference we will be there. County can come out and inspect and say okay, he's got the cages, he's stocked them with fish, here he goes, he's in business. If you want to wait one cycle to see that he actually harvests the fish, I don't know. I'm just trying to do whatever I got to do to assure you that this guy really wants to be a fish farmer. I think that's above and beyond that anybody would do to get rid of that. And frankly, this all started because of Jessie Hardy, okay? And my reaction was your reaction. I said assure me that I'm not really up here selling a fish farm when you're really just trying to do an earth rnining operation. He said, Rich, I'll put the money in the bank to show you what I'm talking about. CHAIRMAN STRAIN: Richard, before we go too much further with this, Brad, and I need to ask you and the rest of you, the court reporter's been going for two hours. She's going to need a break. And Cherie', would you rather we took a break for 10 minutes right now and come back and finish up, or try to get done in the next 30 minutes? We'll take 10 minutes right now and be back here at 3:40. (Recess. ) CHAIRMAN STRAIN: Okay, we'll come back to order. Mr. Y ovanovich, where art thou? COMMISSIONER MURRAY: Outside speaking with somebody. CHAIRMAN STRAIN: Wayne, you want to try to find your wayward son? I don't know ifhe has any other comments, but I'm certainly going to be willing to let him finish up. Our star performer. Did you have any further closing statements before we took the break that you wanted to finish with? MR. YOV ANOVICH: No, I think we have -- we've said all we want to say, I think we've proven we're a legitimate farming operation, and he should be allowed to go forward. CHAIRMAN STRAIN: Any other public speakers, Ray? We're finished with that? MR. BELLOWS: No other speakers. CHAIRMAN STRAIN: Okay, we'll close the public hearing and entertain a motion. COMMISSIONER VIGLIOTTI: I'd like to make a motion. Page 91 ?; 'August~, 2007 CHAIRMAN STRAIN: Mr. Vigliotti, you're quite outspoken today. This is not like you. COMMISSIONER VIGLIOTTI: Actually, at this point I'd like to go home. CHAIRMAN STRAIN: lfMr. Tuffstarts this, it's going to be something is catching down there. Go ahead, sir. COMMISSIONER VIGLIOTTI: I'd like to make a recommendation of approval. I was very -- can I speak to what he -- CHAIRMAN STRAIN: No, go ahead, whatever you want to-- COMMISSIONER VIGLIOTTI: I was skeptical in the beginning, okay? I thought this was just a way of pulling out dirt, selling dirt and making money. I'm truly convinced he really wants to do a fish farm. I think it's good for the county that we have something else in the way of our economy besides construction. I do want to add the stipulations from the staff and the EAC. And as far as taking money, putting it in escrow, I don't think it's any of our business to run your business, but I'll leave that to some other people. CHAIRMAN STRAIN: Okay, so the motion is recommendation of approval with staff and EAC -- COMMISSIONER VIGLIOTTI: With staff and the EAC, and no escrow money. Ifhe goes broke, he goes broke. CHAIRMAN STRAIN: Seconded by n COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Mr. Adelstein. Motion made and seconded for approval. Discussion? Okay, Mr. Schiffer, then Mr. Midney. Work our way across the board. COMMISSIONER SCHIFFER: I mean, I really -- if this guy -- and I'm going to have to believe that he's sincere, because we can't -- I don't want to believe that the counselor and the applicant's lying. If he wants to do an aquaculture thing, then I'll support him. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: I'm not convinced. I mean, Mr. Fawzy is a very likeable person. But we have to be concerned that this is a bona fide farming operation. And I was looking at the Best Management Practices, which I never got, but they talk about that effluent removal is a necessary part of Best Management Practices, and what he told us was that the effluent can just go to the bottom of the pond and, you know, somehow it will just go away by -- he didn't really say, maybe plants or -- and I'm just not convinced that it's a bona fide farming operation. CHAIRMAN STRArN: Ms. Caron? COMMISSIONER CARON: Yeah, I won't be supporting the motion, because I think that owning land in a NRP A sending area is a special responsibility. And I don't see using the Right to Farm as a way to get around protecting native vegetation and habitat and conservation as an acceptable thing for this county. CHAIRMAN STRAIN: Mr. Tuff, did you have any comments? COMMISSIONER TUFF: Sure. I'm for it. And I think as far as the effluent or the waste, you know, his fish will die and he'll go out of business, so I don't think that's a viable -- CHAIRMAN STRAIN: Mr. Vigliotti, you've already made your comment. Mr. Murray? COMMISSIONER MURRAY: No. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: Yes, I'm ready. CHAIRMAN STRAIN: Okay. My comments are I won't support the motion. I was skeptical when this came in today about the operation being a farm operation, although that is not the issue at hand. Page 92 1 RuLst t 2~0~ Mr. Fawzy is a very credible witness, and I believe that he would operate this as an aqua-farm. So I don't have that as a problem. But where my problems lie is with the aquifer protection policy of the CCME which is 3.1.1.3. I don't see this as an extraordinary circumstance that could jeopardize the superficial aquifer, and I haven't seen evidence to the contrary, so that concerns me. I also don't think the excavation is the intent of the sending in NRPA lands, as referenced in Policy 1.2 and Policy 2.3 of the natural groundwater aquifer recharge sub-element. Those are my reasons. They have to do strictly with the act of excavation of that pond. It has nothing to do with the operation for aquaculture. Ifit was solely aquaculture, based on what I heard today, I would be believing Mr. Fawzy. So based on that, I will certainly not be able to support the motion. So with that, we'll call for the vote. All those in favor of the motion for approval, signifY by saying aye and raising their hand. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER TUFF: (Indicating.) COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Four in favor. All those against the motion. COMMISSIONER MIDNEY: (Indicating.) CHAIRMAN STRAIN: (Indicating.) COMMISSIONER CARON: (Indicating.) COMMISSIONER MURRAY: (Indicating.) CHAIRMAN STRAIN: Four against. Tie motion, which means it goes forward with no recommendation. Anybody suggest any changes? If not, we are done with that hearing. Richard, thank you. Mr. Fawzy, thank you. Appreciate your time, everyone. We're on to another issue. Item #9 OLD BUSINESS CHAIRMAN STRAIN: Old business. There is none on the list. Anybody have anything they need to bring up? (No response.) Item # 10 NEW BUSINESS CHAIRMAN STRAIN: New business? (No response.) Item #11 PUBLIC COMMENT Page 93 16\ lB, August 2, 2007 CHAIRMAN STRAIN: Okay. Public comment? Discussion? (No response.) COMMISSIONER MURRAY: Do we not fill out this conditional -- CHAIRMAN STRAIN: Yeal1, everybody fill out your -- thank you, Mr. Murray. Fill out your conditional use petition that was in your packet. COMMISSIONER SCHIFFER: Mr. Chairman, one thing. Can we be careful? Ray, you know, you've sent out the EIS. And maybe I didn't understand what's in the EIS and what isn't. What defines the EIS? But I said no, I don't want it. But I certainly would want the Best Management, I certainly would want the archeological stuff, I certainly want -- so what is in an EIS? CHAIRMAN STRAIN: But see, before you answer, Ray, I think, Brad, what you're going to come up against is in some cases you'll have those documents and in some you won't. And to leave it up to staff to allow -- to just provide excerpts is okay. You can't complain afterwards if they don't give you everything, so I think you ought to get everything -- COMMISSIONER SCHIFFER: Then change my vote, Ray, that I sent. Change my vote. MR. BELLOWS: Yeal1, I'll let Sharon know. So that's three. So far that's the request. CHAIRMAN STRAIN: Three of us want full EISs on all projects. COMMISSIONER MIDNEY: I do also. COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Four. COMMISSIONER MURRA Y: I had one. CHAIRMAN STRAIN: Five. MR. BELLOWS: We'll give you all one. CHAIRMAN STRAIN: Six, seven. Looks like it's going downhill fast. Okay, so -- COMMISSIONER CARON: I don't see how you can make determinations that involve the environment if you haven't seen the EIS. I mean, we're not doing our jobs unless we've read and reviewed it. MR. BELLOWS: I think the purpose of providing the summary was just to give you the highlights of what the EIS is, and not all the technical backup information that is reviewed by staff in the EAC. You still have the EAC recommendations. CHAIRMAN STRAIN: Okay, anybody else? COMMISSIONER SCHIFFER: Mr. Chairman, I don't have a -- or I can't find the form. COMMISSIONER VIGLIOTTI: The one that says chairman, I just crossed it out and put-- COMMISSIONER SCHIFFER: I had about eight on the other one. COMMISSIONER MURRAY: I did not have one from -- CHAIRMAN STRAIN: Guys, we're on the record so you can't talk at once. Mr. Schiffer, you're looking for a document. You can do that after we adjourn. COMMISSIONER SCHIFFER: I got it, I got it. CHAIRMAN STRAIN: Is there a motion to adjourn? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made. Second by Mr. Vigliotti. All in favor? COMMISSIONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER SCHIFFER: Aye. Page 94 16 I 1 B? August 2, 2007 COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MURRAY: Aye. CHAIRMAN STRAIN: Meeting is adjourned. Thank you. Page 95 161 18 3 August 2, 2007 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:37 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 96 RECEIVED D 2007 16' 1 C I August 7, 2007 i;OC;r~j C,:.w'tv CnmmlSSiorwrs MINUTES OF THE MEETING OF THE COLLIER COUNTY II I.L.- FIRE REVIEW TASK FORCE Fiala l.&:L Halas "/ Naples, Florida, August 7, 2007 Henning Coyle _ Coletta LET IT BE REMEMBERED, that the Collier County Fire Review Task Force in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M. in REGULAR SESSION at the Collier County Development Services Division, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Brad Schiffer V. Chairman: William Varian Gary Beaumont James Boughton Dalas Disney J. Christopher Lombardo William Schreck STAFF PRESENT: Roland Holt - Building Official Jeff Wright - Assistant County Attorney Ed Riley - Fire Code Official Joe Schmitt - CDES Administrator Bob Dwm - Plan Review & Inspection Mgr. Paula Brethauer - Operations Analyst Mi&C. <:ones: Date: () 0 <; D Item # Uo .1.-.-1 U 1 CC?;tlS to' 161 1. C I August 7, 2007 ORGANIZATIONAL MEETING FOR THE FIRE REVIEW TASK FORCE A. Introduction of Members . The meeting Willi called to order by Assistant County Attorney Jeff Wright. . Roll Call was taken by Paula Brethauer with 7 members present constituting a quorum. The additional 2 members will be approved by the Board of County Commissioners at their September meeting. (Angela Davis & Chuck McMahon) . Joe Schmitt introduced the support staffEd Riley, Fire Official and Roland Holt, Building Official. The Committee was appointed by the Board of County Commissioners. . Jeff Wright asked for nominations for Chairman and Vice Chairman B. Select a Board Chair and Vice Chair DaIas Disney nnminated Brad Schijjer for Chairman and Gary Beaumont nominated William Varianfor Vice Chairman. Each member introduced themselves and gave a brief description before nominations were closed. . Hearing no other nominations - Nominations from the floor was closed. It was voted unanimously - Brad Schiffer for Chairman and WdLiam Varian for VICe Chairman. C. Review Resolution No. 2007-105 and establish schedule and methods to achieve Duties of TlllIk Force which include but are not limited to: Mr. Schiffer asked for points of interest from each member and covered the Agenda items. Assistant County Attorney Jeff Wright covered the Resolution, history and tasks to accomplish. Resolution No. 2007-105, page 2, Section Four: Fonctions, Powers and Duties of the Task Force were covered as followed: (A) Discuss issues and concerns of the public. the County; the fire control districts and the development industry related to fire review and inspections associated with the building plan review and permitting process, (B) Review building review & permitting requirements and procedures related to review; and (Lj Provide the Board of Collier County CommisSioners with recommendations for practical revisions to the Collier County Fire Prevention and Protection Ordinance. Mr. Schiffer asked for Procedures and Agenda Topics. 2 161 lei August 7, 2007 , Different items and subjects were addressed. . Making sure the Public is invited . Address Fire Sprinkler industry . Discuss Fire Code - (Amendments & Interlocal Agreements with the Fire Districts) . Fire Prevention Ordinance and Codes . New (Field) Inspectors learning on the job and resolving issues and working through Fire MarshaUs . Process for submitting Local Amendments (discussed at length) o Amendments to the State Code - local authority jurisdiction o Do Fire Districts have a right to change Fire Ordinances? Mr. Riley stated they can "propose" but no authority to "adopt" - only at the Fire District level or BCC. (follow standards) Brad responded the State wants uniformity across the State and to make it as clear as possible. . Ordinance 2005-32 will sunset October 1,2008 - new one will be adopted . May not want Local Agreement in this revision . Mr. Riley has no authority over the State Statutes but need to be aware of them . County Commissioners do not have authority for fIre safety for the County, only independent Districts . Fire Code issues - Fire Districts only . Turnover of staff - continue to work together by taking small steps and not make mistakes . 61Gl5 - Administmtive Code - discussed at length . Plan Review and Inspection - Agenda Item . Code ProcesslLocal Agreement - Agenda Item . Water Flow - Agenda Item SPEAKERS Bob Buchanan - Gnlf Bay Construction - asked about formulas for water flow as very costly from SFL WM. >> Mr. Riley corrected above statement in that it is the County rather than SFL WM. Local Ordinance issue. Other methods of calculations can be made. >> Joe Schmitt suggested having someone from Utilities address water pressures at one of their meetings. Mario Curlali - Southern Development Co. - discussed the following: >> Building Permits - length in time of receiving permits is too long >> Turn over in Staff >> Work together as a Team (one coalition) >> Frustrated for General Contractors - can't identifY a due date for clients }> Need a group to identifY problems }> Need Open Door Policy >> Permit problems - not all agencies favor >> Committee come up with more concrete solutions 3 16' 1 C I August 7. 2007 Roland Holt mentioned his Department needs to know about any concerns and problems right away from the public rather than months or years later. The Building Dept. can then address and work out the problems immediately. MeetinflS and Schedule The Committee decided to meet twice a month. The "ext meeting is scheduled for Tuesday, August 2tf', 2007 at 9:00 AM. and wUl decide at their"ext meetingfor actualfuture dates. The meeting wUl be held in Conference Room 609/610, 2800 N. Horseshoe Drive. Agenda Items will be "Fire Flow" and "Water Pressure" with someone giving a presentation from the Utilities Dept. SPEAKERS Rob Potteiger - Asst. Chief East Naples Fire District - hoped the Committee gets into Building Review and the permitting process and would also bring in Fire MarshaUs from each District. Also suggested bringing in someone from the City of Naples concerning water. (It was noted from the Assistant County Attorney, that since Mr. McMahon and Ms. Davis are not appointed by the BCC as of yet, they wiU not be sitting at the table with the Committee at their August meeting, but can speak on any subject as part of the public.) Chuck McMahon - want to make sure they focus on the County Building and Fire Code Officials review process. Jeff Wright -Assistant County Attorney cautioned the Committee members in discussing the Sunshine Law briefly. Two or more persons together from the same Committee is considered a meeting and there are stringent requirements prohibiting discussing any issues being considered before the Task Force outside the advertised Task Force meetings. There being no further business for the good of the ~.t 'unty, it was moved and seconded to adjourn. The meeting adjourned at 3:51PM. Collier cfunty Fire Review Task Force [r~J Brad SdtitTer, Chairman \ t fd~~ '1. } "7ot,. ,. I\'~I.II'" L ';( ,,,vC!, These minutes approved by Board/Committee on as presented or amended ,,/-, 4 1 7 A1_ ~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ...*****.*****.****.*.**....***..**.....*.*.*..*..*.**..***..****.*..**.*..............**..*....*..*. Originating Dept/ Div: Comm.Dev.Serv.l Planning Person: John-David Moss, Alep Date: 1/1/17 Petition No. (If none, give brief description): SV.2007~AR-11349, La Quinta Sign Variance efIr'h-- Petitioner; (Name & Address): Roetze! & Andress, LPA, Robert D. Pritt, 850 Park Shore Drive, Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) BRE LQ FL Properties, LLC, 909 Hidden Ridge, Suite 600, Irving TX 75038 Hearing before Bee BZA Other Requested Hearing date: October 9. 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text (Include legal description & common location & Size: Petition: SV-2007-AR-11349, Bre LQ FL Properties, LLC, represented by Robert D. Pritt of Roetzel & Andress, LPA, is requesting a Variance from the maximum 12 square-foot area requirement for off-premises directional signs to replace an existing directory sign that was damaged by hurricane Wilma with a new off-premises directional LaQuinta Inn & Suites sign. The proposed sign would be is located at 185 Bedzel Circle, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 131-138326-649100 No If Yes, what account should be charged for advertising costs: Reviewed by: .aU ,dY) 'rh !<. Lf/}t..e.4.... 9 hI /0 7 Detfurtment Head Date . Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCe or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review. or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ..*.*.*.....**.*...*..***....**...........**.***...*.*****.*.*.*.*..~**.***..*.**.**...*.*.*.*...*..* FOR CLERK'S OFFIC USE ONLY: Date Received: 'I, t7 Date of Public hearing: /49 };7 , , Date Advertised: ~ 7 . ".-.----. ....,~._-_.._.__.._~. 17A I' RESOLUTION NO. 07 -_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLlER COUNTY. FLORIDA. RELATING TO PETmON NUMBER SV-2007-AR-1l349, GRANTING A VARIANCE FROM SECTION 5.06.04.C.16. OF THE LAND DEVELOPMENT CODE. CONCERNING THE SIZE OF AN OFF-PREMISES DIRECTIONAL SIGN FOR THE LA QUlNTA INN & SUITES. WHICH SIGN IS LOCATED AT 182 BEDZEL Cm.CLE. OFF DAVIS BOULEY ARD. SOUTH OF COLLIER BOUlEVARD. IN SECTION 34. TOWNSHlP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125. Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner suffered the loss of a directory sign during Hunicane Wilma, which sign was 80 square. feet in area and 18 feet in height, and was located at 185 Bedzel Circle, Naples, Florida, off Davis Boulevard, west of Collier Boulevard; and WHEREAS, Petitioner wishes to replace this lost sign with an off-premises directional sign in approximately the same location as the lost sign, but with an approximately 28 square- foot area and eight-foot height, as depicted in Exhibit A; and WHEREAS, without a variance, Petitioner cannot replace its sign with a sign with an approximately 28 square feet in area, as LDC Section 5.06.04.C.16.b.i. requires each off- premises directional sign to be no marc than 12 feet in area; and WHEREAS. the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting these variances; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning aU applicable rnalters required by the Land Development Code; and WHEREAS, all interested parties have been gi ven opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approves a variance from LDC Section 5.06.04.C.16.b.i. and approves an approximately 28 square foot off-premises directional Page 1 of2 """"~'''_---_'''''>.__---..~---,..__...,- 17A '~I sign as depkted in Exhibit A, as requested in Petition SV-2007-AR.11349, filed by Robert D. Pritt. Esq., of the firm of RuelZel and Andress, on behalf of the Petitioner, BREfLQ FL Properties LLe, concerning the subject property described as the Soulherly 2.14 acres of Lot 6, 951 Commerce Center, according to the Plat thereof, as recorded in Plat Book Pages 1 and 2, of the Public Records of Collier County, Florida, which parcel is located in the east 1/2 of Section 34. Township 49 South, Range 26 East, Collier Coonty, Florida, as more particularly described in OR Book 3604, Page 3515, of the Official Public Records of Collier County, Florida, Folio No. 21785002027. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2007-AR-11349 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this _ day of .2007. ATTEST: DWIGlff E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNfY FLORIDA By: . Depoty Clerk By: JAMES COLETTA, CHAIRMAN App ved as to form and ga s ff~ ...... ht:>. Jeffre A. zkow Mana 'ng ssistant County Attorney Page 2 of2 ""----,..._-_._~_.._----.,_.~--,_._-,.._.,_..._.. ..J u.. lIi UJ ..J 0. <t Z . UJ CJ <t z CJ en o CJ o ..J ID o o N ~ z 5 o <t ..J . ID o o N as N a:: UJ III == UJ I- 0. UJ (/) '5 III III (/) o :i: 0. <t a:: CJ ..J <t Z ii: C") C") en ~ t; ~ !i: < ~ '" '" ~ ~ '" ill .. :- :r : 0 0 .. ;! t; ~ ~ ~ -4..~l>~ :! i< ~ ~h I~I '" "' i3 .. N .. ~ ~ ~ .. '" '" :z: (,) ;;; "" ... '" If .... .. 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I!Ih 1m.l, ,."......,1 'NOIS,^.-) lS~l Page ] of] 17' A.1!.~ f;'I !Z'.t I;~' Martha S. Vergara From: RamirezHeather [HeatherRamirez@colliergov.net] Sent: Tuesday. September 11. 2007 1 :54 PM To: Patricia l. Morgan Subject: SV-2007-AR-11349 Legal Ad for 10/9 Bee Attachments: Legal Ads.pdf Good Afternoon Trish. Here is the first legal ad for the 10/9 BCC meeting. I have 2 more coming your way except one is going to be to you by tomorrow. I have set a deadline for noon tomorrow. The one in question is V A- 07-AR- 1 ] 703 it is still with the County Attorney's office. I will email you the next one now! 9/12/2007 17 A i>;~ ~;.! .'-' '. ,., ./..~ .1 '" September 12, 2007 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SV-2007-AR-11349, La Quinta Sign Variance Dear Legals: Please advertise the above referenced petition on Sunday, September 23, 2007 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O./Account # 113-138326-649100 NOTICE OF PUBLIC HEARING 17A 'JIm Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 9, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2007-AR- 11349, GRANTING A VARIANCE FROM SECTION 5.06.04.C.16, OF THE LAND DEVELOPMENT CODE, CONCERNING THE SIZE OF AN OFF-PREMISES DIRECTIONAL SIGN FOR THE LA QUINTA INN & SUITES, WHICH SIGN IS LOCATED AT 182 BEDZEL CIRCLE, OFF DAVIS BOULEVARD, SOUTH OF COLLIER BOULEVARD, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: SV-2007-AR-11349, Bre LQ FL Properties, LLC, represented by Robert D. Pritt of Roetzel & Andress, LPA, is requesting a variance from the maximum 12 square- foot area requirement for off-premises directional sign to replace an existing directory sign that was damaged by Hurricane Wilma, with a new off-premises directional LaQuinta Inn & Suites sign. The proposed sign would be located at 185 Bedzel Circle, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 17A I'll JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) September 12,2007 eoupty of Collier CLERK OF THE CIRCUJT COURT COLLIER COUNTY COURTHOUSE 3301 T AMIAMI T;RAJL EAsT P.O. BOX 413044. NAPLES, FLORIDA.H 1 0 I-30M * 1 7 A ~i'1 ~Jl Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Roetzel & Andress, LP A Robert D. Pritt 850 Park Shore Drive Naples, FL 34103 Re: Notice of Public Hearing to consider Petition SV-2007-AR-11349 La Quinta Sign Variance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 9,2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 23, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Martha Vergara, Depu y Clerk Enclosure Phone-(239) 732-2646 Wehsite- www.c1erk.colIier.f1.us Fax- (239) 775-2755 EmaiI- colIierclerkCiV,c1erk.colIier.f1.us September 12, 2007 -t:ounty of Collier 1.- CLERK OF THE CIRCU~T COURT COLLIER COUNTY COURTHOUSE \ 3301 TAMIAMI TRAIL EAST P.O BOX4l3044. NAPLES, FLORIDA'J4I01-30~4 * 17A "..';U.I.i.~. ~ ~ "" ~ 1,;' , Dwight E. Brock Clerk of Courts Clcrk of Courts Accountant Auditor Custodian of County Funds BRE LQ FL Properties, LLC 909 Hidden Ridge Suite 600 Irving, TX 75038 Re: Notice of Public Hearing to consider Petition SV-2007-AR-11349 La Quinta Sign Variance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 9, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 23, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Enclosure ~.__'_'__'_"-_"""-~"-"".""--"<""'......","' '._-" ,......,.~,---<- -- '_'..-_.__.,.,."_.._..,_._,..,..",_..~~..,-"_._.,.""~"~..~_..- Phone- (239) 732-2646 Fax- (239) 775-2755 Websitc- www,clerk.collier.ll.us Email-collierclerk(UJclerk.collier.ll.us Page 1 of I 17 Al Martha S. Vergara From: Martha S. Vergara Sent: Thursday, September 13, 2007 10:08 AM To: 'Iegals@naplesnews.com' Subject: SV-2007-AR-11349 LaQuinta Sign Variance Attachments: SV-2007-AR-11349.doc; SV-2007-AR-11349.doc Pam, Here is an ad for you ... Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 9113/2007 Martha S. Vergara 17A r~~ ... d-, From: Sent: To: Subject: postmaster@collierclerk.com Thursday, September 13, 2007 10:08 AM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT05600.txt; SV-2007-AR-11349 LaQuinta Sign Variance .. ";"''';'''1 .;:..J 1<1 ATT05600.txt (231 SV.2007-AR-1l349 B) LaQuinta Sign... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 {(eAOfl ~1_' Martha S. Vergara From: Perrell, Pam [PPerrell@Naplesnews.com] Sent: Thursday, September 13, 2007 11 :04 AM To: Martha S. Vergara Subject: RE: SV-2007-AR-11349 LaQuinta Sign Variance OK From: Martha S. Vergara [mailto:Martha.Vergara@colliercierk.com] Posted At: Thursday, September 13, 2007 10:08 AM Posted To: Legals - NDN Conversation: SV-2007-AR-11349 LaQuinta Sign Variance Subject: SV-2007-AR-11349 LaQuinta Sign Variance Pam, Here is an ad for you... Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 9/J 3/2007 ^ IHiSQLUTICr-. OF" TIo1.i: MUD O'~ lONING A"',. pa...u; 01= COLLHR CCUNW, ~'LOIlIOA. H- lATlNG TO PHiliON NUMBER $V.;10Cl7.AR. ~~~1:Ni!R/ANOT~NtE~ t~OEN LS"N60tiv~6LO~~ MlI!f\lT COtE. t:OrfC~RN' INO;:; THE sin OF AN O"".~RI!MrS[S DIREC. TIO"-'AL SIG/II FOj:f THE sCElctiwl! public he:\rfn,,: I' LA QUJNTA IWIII & SUIT-In .Il1y CiKC. wrllten me- ES. WI.nCH SIGN IS LO. tlrj....I~ Illtfndelf to bQ I CATiD AT U~ BEOZE:l. <:on~IId~rt:!d by t1UI ileai'd I CI"ClE. OFf DAVIS I ~I'l'l.l btl 5ubmittl!d ~t' BOUUVARO, SOIlTH Of' IMe apprl)prlll'tl: County OOLLIER BOULmlARD. IN .r.tilff a mlnlmllm of sc... SEe.TION34, TOWNSHIP ""'."d,Il.Yi'l prior to lh~ 4~ SOUnl. RANCr: 26 ~u... \0 ll(,ilfln~. All 1't'I;:)' EAST, COLLIER COUN'rV, ~rlill.IIJUd In prese/'l'f:<1' flORIO". l~onJi br.-fof1: th! "Olllrd The E1aarr.J will eon~ld'llr ...,11I bc:-et'me 11 De,m",. Petition: SV.~O(l7'Af:l" 1'l.~tll.rtQftl1~rl!'COl'd" U;:,\~~, ~~:r-~:~~~ci ' .An~' pl!r!J~n w1'lo d~':id, by RobQrt O. Prlt~ of ~:-e -&f~1 ':I!~~:~r~ RQllUcl " Andress, lPI\, r~cord ~f the PrIJCCr,cj. ~~:~q~~~i~a~l~ilJ~~j ~nrf~ ~~7~~ni~~l!t,h~~i~ ~~~IUtl.root "rea re- nted to tn.lur. 1~El.t a tl~jnmllnt fOr off-pre- . vuballm recl)rd of tho m!.lu dl...aIOl1.1 ~Igll tl) , f) " rll~ll.cl! an ~1I;!!;~i"9 ell. rholc~~ nil.!! is mil,dE!. rectory slJ;1n U'I"-t 'Nil:; W ch ,@CDr(l Incrm1'~ d II Ii H I the testlmolly and tvf. w~r::a~"wlr~ a ~~~e~~f~ a!ncc UlJiJll "",,hkh tilt ~I'tml:li~s di~i(lI\,'1 L<'I. <1~P";;l;ll" besod. ?lJlr'ltalnI'lIl.Suitftsllln. BO,AAP OF COIJ"ltvl W~~ld~~O Po~~:3 5~llk~ COMMISSJOI,I'1lS l!lIed~t':1 (:In;le. In Sectton ~l~~lal t Reo V N T Y , AD SPACE; 136.000 :rNCa ~~'n~~wrrJ~~t: c'gm:; ~^~ri COlmA, CNol,tfl_ FILED ON; 09/24/07. :=ounty,F'lorldi;l. []WIGJ.lT F :~~::~:~- ~~ -~~~~:~: .C:eJ! -~~ - n - - - -1-- ----- - -- - m_ - - - - - - - - - - _n - ~11;",1:~~ :,:~.~:.. -')~7 .r ---.' 1'7 ~~.!!QJ..llJ~ Sworn to and Sub3cribed before me this ~ day of ~-;~;="" i 202 7 /~/ / ,,~.........l.~/ L._,.'~'.~# ( :/ 09/28/2007 03:24 2392634864 NAPLESDAILY N&lples DoUy lJe"'. Noples, FL 34102 Affid.vit of Publicatio:l N~plea Daily New~ -------_._~" ._---------~-_. sOARe Of COUNTY CCMMISSIONERS ClltRI LEFARA PO sex 413016 NAPLES FL 34101-3016 REFERENCE:, 001230 59433654 11313a326649100 SV -2 C07-AR-1.1319NOTI St.ate ot Floridll. Coun=v ot Collier Before the undl!!!re::i.gnf'!!d aut:.hor1ty, personal:'y app~ar~d Phil Lewis, who on oath says that he serve~ as the Edito~ and V~ce ~reGid~nt of th@ Naples Caily ~ewe. a d.ily newspaper published at Naples, in Collier County, Flo~idQ~ that the attached copy of advertising was published in Baid newspaper on ciaeae l~seed. Affiant ~u~ehe~ says that th~ said Naples Daily News is a new!paper 1?ublis:heci at Naple:il, in said Callier co"nty, Florlda, and that the said newa~aper has heretofore been continuouely pubJ.J..shed in sai:i Collie::- County, Florida, each d.y and ha5 be~n ~ntered as second clase m&il rnaL~er at the post office in Naples, in said Collier Co~nty, Florida, for a period of 1 year n~xe preceding the first publication of the attached copy-of advertisement; and affiant f~~thcr .~y~ that he has n~ither paid nor promised a~y person, firm or corporation any discount, rebate, Gorr.mission or refund for the purpose of securing thia advertisement for publicatio~ ~n the said new~aper. PUBLISHED ON: 09/23 09/23 Personally known by me ~.'%;; NANCY EVANS V ~ .~~ Ccmmis,;on DD 657030 'Z1~1 E'pi...July18.ZJ11 ',m;,iT" ~TIlllllh",,..rMur.!I'ItlIflll.~; ___~.__o___.~","_".~__~~._" ..__~._~~_~.___ j . sv.211DT....R.IU49 ~OtlCE:JF .. - - Pu~LJCtllARINO j ~atlc@ Is h~rl'\)Y (li...!!n I that me BOl.llrd tlfCGUI'~ C~mmiUi~nl!rs of Cor. lIer CoI.,iMiy will hold e. Pl.Il:Illc 1'lr.Ulrlng on Tuu. OI;y, Octobw 9, 211C111n tl'lt !Ioilrdroom, ,;,rd ,rIOor, .\dmlnlstrltlcn ~~I~dd~~ mCI!O~I~~~ g~~~~ 3~1 Jut Taml:l.mi Trail, N.plll~, FIQ:rld;:,., TM ml!~tir"l9 lItlil bll!'tlln at 9~OO"-M, - 1Z A rd. PAIii 051 ~5f .~II I NOTE: All P'erltMS wish. Inp to '!:leak on .anv illltnd.3 It!m Mll;rt rlgls- br with the COIJnty Ad. I mlnhitralO1'f'IClI" to pH'!. ~enti1tlon lJ ttR Aqllnl1.l!1 Item to bll! IIddr~nf'lcf., Il'k'llvldull! sp~"~t!rs 'Mill Do(! IIm/tt.d t(l! mln;Jt~:!I 011 l'lny Item. Tha selee. tlon o~ ~n IndJ~'f1Llf..1 to "peak 01'1 behalr n1 ;In; organlVl1Jon or gl1lUJ' Is eI"DOUt<'llilld, If r"i'l;ou" nlzed by the Chair, u soolo:r.~D@r.!iOn for a ~ro...~ or arg~nlZliltJon Ilt1s to a~g~k 19nm,~r:.; Itl'm, ~CrsonJi wlshlnA" tn .'laVl! written orQ,,,,,,"le mi1.tl!rla I lnclud"tf In the 80...ct ~linll. pack. tot:; muat ~ubmlt t'iI:'lH:l fl'IQtlrlDlllmlnlmLWlnr:J welli!ks priOr to the r('- RECEIVED SEP 2 R 2007 FINANCE 'l\APLES DAIL' 'iEWS Published DaJl~ ""pies. 1.1. <.j t02 Affidavit of Publication State of Florida Coullty of Collier Before lhc \lndersigned lhc~ sen'c as the authority. personally appeared F1H1J=~C\\ls. "ho 01\ oath says that the, sene as 'he hi'lor or\J\e Naples Dally. ,i dail, lIe~\spaper published at Nnplcs. in Collier County. FI()rida~ distributed ill Collier and Lee counties of Florida: lhal the attached cop~ of the <ld\'crtising. being a PIJIlUr N01l('E 11\ Ihe mallcr or PUBLIC NOT ICb: \\as publIshed in said nc\\spapcr I time in the issue 011. September 2.1,,12()()7 \manl tl111h<.:r \;1:" Ihat tho.:: said \'apk~ Daih' Nc\\s is ~l l1<.:\\spapc:r 11!Ihl1~h~'d ,II "\ap1.:~. In said Col1i..::r ('ollnt\. Flol'lda. ,!lId that tll..: said 1\<.:\\ ';[1ap":1 has lWJ"ctofmL hCL'll L"lntilllhlllsh rllhlishcd 111 s:lid ('plli...r ("'UI11\. 1'lnrid;L dislnhllku in C"IIi..:r :mu I ,..:c ('LJunti,', "r I-Il,rida, L\ldl dd\ ;l!1d has I1":Cl1 ":111..:1((\ :IS \c,:\llld ~'bs<; lllaill1lal1<.:r ,II thc posT nlii,,' III \,q)k~_ III ~<lld ('"Ui,'1 C<lllllT\_ 11,'ridiL jnr J pcriod (\1 1 \ ,',1I Ik',T prc'L-dlllg TI1~' lirq puhli~',ltlnn (\fl1k iltt,lL'hcd <';llP\ "I' dd\crlIS';PI';I1I: and alliallt Ilu1hcr ~a\" lhat 11.: has n..:itlkT paid 1101 ill\Hlli~,'d "11\ 1'1:1\lJII. 1"11'111 ,lI u'ql<Jl'dli"ll dll~ di~("llllL 1':11<11,'. ~"'1lll1l1<;SI<11l (II' r.:llllld I'or tll..: rurrll1~': ()r~':":lInnc.lhi~ ad\'.:rti~':Ill<:llt IIll' '"C?'t:C"'''' '"'1''1''' ~ . f Slgllalllre Or oJ! lallt) S\\orn 10 and subscribed before me r1l1s2_1rd. [):l~ or Scp(C'!llbcr- 200' (Slgll'II&~~~ :'i~':">~, .~:~:c, ~y ....'- ~~:~~ ,;!:\;". N!\NCY EVANS COi~\Mjssion DO 657030 Fi'''Jlfes July 1Bl 2011 l"l 'i;r:]C'J i'tt~lr~V~3II1,"",,'all....noB.1O' SV'=ik1149 PtJIlLICH~IN!l Notice Is hereby given lfod lhe B<1/lr1l Of C:Ounty Cotntnlssloners 01 COl. lIer county will hold a ~ubllc, hearing on Tues. day. October 9. 2007 In the Boardroom, 3rd Floor, Administration Building, Collier County !tQv,rnn;ltnt Center; ~I East TamJoml Trail. ~~,. FlQ'I~ Tho 9:;rl~~~' wUI begin at A' RESOLUTION OF THE BOARD OF. ZONING Ap. PEA1.S Qf' COLLIER COUNTY. FlORIDA~ RE. LAl'f-.HG TO PETIIION NUMBER SV,~2007.A.- 11349, GRANTING A VARIANCF;: FROM SEC. TION 5.06.04.C.16. OF THE LAND DEVELOP, MENT CODlt. CONCERN. INQ THE SIZE'OFAN OFF. PREMISES DIREc- TIONAL SIGN FOR THE ~ Qj)INTA INN & SUIT" ' . "tUCK SIGN IS La- ATt;D, 'A-T 1828EDZEL erRCltt, OFF DAVI:S BOUlEVARD, SOUTH OF CQlUER BOULEVARD, IN sectiON 34, TOWNSHIP 4tSOUTH-. RAN'Gf:26 EAST. COLLIER -COUNTY. flORIDA. The Board will c:onslder pet. Itlon: _ 5,/-20_7... . 11149. Ore LQ Fl ... .. . ties, LLC. repr by Robert D. Pfl' '~f Roe~1 & ,Andreu,lPA. ,.-.- triim tihtmaJIhnu-m' 12 .:q-lila,e.f-001; 'area' re- lWlrernent ,for off~pre. _ dkeCtlonal IIlf/ll to r . .nexlstlnIl1:lt~ , ,stem -th~WU ... 1Ii6Y' Hurricane wi a new eff- ,illrecttorilllla. _'M.&SUItlis """ lh.e"PI'~ '100 w;., Ube " at'1t5 C ..'o_tori ~. Tewo'h'" .9 South _R.no. 26' East. ':oUle:r C"\lIllY.FIorIda. NOTE: All PerlOM wlsh. Ill' _to ~peak on any agenda Item must reeds- tar with the County l.d- m.lnlstratorprlor to pre. _-"'Jhe._ ,=... to' .eaddreued. I Id .,s_kers wUl b, ,.. . to 5.m~te. OD' 4nYttem.The selee- tiOR of .an.lndl\l:ldualto sp..k. on behalf of an ~tzatiOl'l or group I. encouraged.,. If recog- nlzedby the: Cheir, a spokesperson fttr a group or organization may be a1lottecllDmln- ute's to speak ,On an Item. ,. 17A pe'~oo.w '.'h'.OO '0 he.. ...._. I mat. . _uti~ I. the . . "'''''.- et...I1]~st. .O~ It$ald mate,.... amin 01' 3' weeksprlor to, ere- spectIVe public hearing. ~ In any case. wrltten- ma. , terlals -Intel'lded' to . ge I con,ldered by 'hO Board shall. be submitted to the appropriate County su.ff a minimumof5.eY' OJIb,dl aya"f'fOr tlf the E", lC lI..lng. Aff ma. er a 'used .1" presenta.- tions before the. -Board will become a perma- nentpart of the record. Any person who decld. es to !i' "-16 ded$IQn of the ,wlJl netd a record 'of t e proceed- InGS pertalnlng ther-eto and thereto-reo may need .to en.ure that. a verbatim record of the pt'oce.. ,i,-de WIll... .. .I..!iiille. lhe tllll_ and evl. cfJncel upon which the appea Is bAsed. . BOARD OF COUNTY COMMISSlONERS COL11ER COUNTY FLORU>A .. ' . =ES COLETTA, CHAIR, DWt~HT E. BRO"CK. ~arth~vero' ara . 2.'1.."!'tCl.rk . ., ~3 .No.1614293 Notice IShere.DbY ';Iwm _ tM IIOOfd ofCoulltv ComMISsIOners: Of cor. lieI' County will hold a Qubllc heorlngon Tues. day, Ootobar 0, .2l1071n the Bo.artfi'OOJih 3rd floor, Adrrrinlstratloft Building, Coltler County Gov.rnm.Meenler, ~':J,t:.'FT~~' T~ m..tlnlifwlll begIn at 0:00A.M, A RESOLuTION~ O~T. HE BOARD OF ZONI AP, PEALS o~' CO lEft COUNTY, FLORID. . RE, i.ATING TO PETITION. NUMIER SiV.2001"A~. persons wishing ,to- 113.',GRANTlNG A have written or IlrapN. VAIUANCE FAOMS6C. ma:terJalslncludeeJ, In TIONS.06.(I4.C.16; OF the Board APndapack. TM-E lANIi' D!VEt.OP. etsmust SUbmit said MfNTt CaDI. CONCERN. materIal a minimum of 3 ING 'HE' SUE Of'AN weeks' prior tO'the re. OFF-PREMISES DIAEC- I llOS~lNflQI~rf~Rs~W ' sPectlve PUbIlCheatl~( !S. WH1CH SIGN IS LO- In ~n~ case, written ma"1 CATED AT 182, BEDZEL tem~ 5 Intended to be e~f.Cli&10fF, DAVIS ;~f/d~ed$e'~t:3afg i BOULEVARD. SOUTH OF the appropriate County COu"I!RBOOuVARO. IN stzlff a minimum of sey. SECTION 34. TOWNSHIP el'\', days prior to the 49'SOUfH. RANGE 26 r,ubllc hearing. ~llina~ EAST. 'COlUER COUNTY, erlal used In presenta- FLoRiDA. tlons before the Board The Board will consfder will become a perma- f1a,..tlt,'...'';'.: td'FtOG~, ",All- nentpArtofthe record. tlest, Ll,;C, repr. ,d ; Any perSon, who dec/d. by ffOtt' rt D. Prllof ef to ~_I a decision '~I ' of the BOard will ne~ a _0;, ,.LPA, record.of,the proceed. ft~m "rna:l~um 12 Ing~ perta/nlng thereto SlW&te.l; -' ta.rea n- an tllerelore, may 1. M to need ,toen-sure that a q\l r.~.. \'~".L r off-pre- . verbatim record of the =:-~f.1 fI' to ",,00_1 .;~~l~~~c~~ i:~'~~;:~ :, ._,". _ .Ionait,;a- appeal Is based. ~dr)z:t()~'T,lIIM ~8r:J,~~JER~O U N TV gedtel"Clrtn Section. K&.i~lER COUNTY. AD SPACE: 136.000 INCH ~~n~~;:h~:~ 19nf~r ~\~ES COl.mA.CHAIR. FILED ON, 09/24/07 county,F1ori<la... . .. DWIGHT E ~:~~::~:~-:~ - ~~~::~: - CM -~ - u - - - - - - - -+- - -- - -- - n ~ _Cu~~n_" u ~ ~L1~~W~ :.:;:,:: r" SeDt'.23 No. 1614293 Sworn to and Subscribed before me this ~'6 day of S'" ,:::>'; 20!!/ /??>--7 C~ Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News SV.~~N9 PUi'lCWlAA'NQ BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE, 001230 59433654 113138326649100 SV-2007-AR-11349NOTI State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida, that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the sajd newspape:r' has heretofore been contllluously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person! firm or corporation any discount! rebate! commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON, 09/23 09/23 Personally known by me l'J;.1A~:r~~. ,.~'~@.' '.' ~..~.~J '.~""'lF.-" '..W"f.\" NANCYEV ANS Commission DD 657030 Expires July 18, 2011 BonOOdThno Troy Fein Insul'llnca8Q0..385.7tI19 17A NOTe 'All Persons wah. n" to speak on any Item musl ...1$- wit the- County Itd- mlI>IJlrator-"lopre. ~ of the agenda Item ,to be a-ddreued. 'bndhi11mlldual ape_Men will e . ,led to's minutes on any-Item. The selec. tlon Of an . Individual to s~eak, on:,btna'f of an organIl>llIon or .,oup Is encouraged. If recog. nlzed by the ChaJr. a spo,kespeUt;tn::for . grQup or.. or. .t;ton maybe . .1Gmrn- utes to spea .on an Item, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17,~ ~ !/:Ii\ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,. j THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Of11ce only .&Ikt the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exccDtion of the Chairman's sill'nature, draw a line throuP'h routinlit lines # 1 through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number plAJ ~ S o en-- 1-2~ Agenda Item Number Number of Original Documents Attached N/A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si alure and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on () 0 (enter date) and all cbanges made during tbe meeting have been incorporate i tbe attached document. Tbe Coun Attorne's Office bas reviewed tbe chan es, if a licable. ~~ ~~ ~ ~ 2. 3. 4. 5. 6. I: Forms! County Fanus! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 07 -~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2007-AR-11349, GRANTING A VARIANCE FROM SECTION 5.06.04.C.16. OF THE LAND DEVELOPMENT CODE, CONCERNING THE SIZE OF AN OFF-PREMISES DIRECTIONAL SIGN FOR THE LA QUINTA INN & SUITES, WHICH SIGN IS LOCATED AT 182 BEDZEL CIRCLE, OFF DAVIS BOULEVARD, SOUTH OF COLLIER BOULEY ARD, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 17 l~ ! WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner suffered the loss of a directory sign during Hurricane Wilma, which sign was 80 square feet in area and 18 feet in height, and was located at 185 Bedzel Circle, Naples, Florida, off Davis Boulevard, west of Collier Boulevard; and WHEREAS, Petitioner wishes to replace this lost sign with an off-premises directional sign in approximately the same location as the lost sign, but with an approximately 28 square- foot area and eight-foot height, as depicted in Exhibit A; and WHEREAS, without a variance, Petitioner cannot replace its sign with a sign with an approximately 28 square feet in area, as LDC Section 5.06.04.C.16.b.i. requires each off- premises directional sign to be no more than 12 feet in area; and WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting these variances; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approves a variance from LDC Section 5.06.04.C.16.b.i. and approves an approximately 28 square foot off-premises directional Page lof2 17 A sign as depicted in Exhibit A, as requested in Petition SV-2007-AR-11349, filed by Robert 0, Pritt, Esq., of the finn of Roetzel and Andress, on behalf of the Petitioner, BRE/LQ FL Properties LLC, concerning the subject property described as the Southerly 2.14 acres of Lot 6, 951 Commerce Center, according to the Plat thereof, as recorded in Plat Book Pages 1 and 2, of the Public Records of Collier County, Florida, which parcel is located in the east 1/2 of Section 34, Township 49 South, Range 26 East, Collier County, Florida, as more particularly described in OR Book 3604, Page 3515, of the Official Public Records of Collier County, Florida, Folio No. 21785002027. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2007-AR-ll349 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this 1!l day of Dt:fobvr ,2007, By: , Att~st .s' t9 Chi 1_'W!'u s1gnatln ~. clo., ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By tfi~ 1/# JA S COLETTA, CHAIRMAN ATTEST: ..' (; "'f', DWIGHT.,B. BROCI( ~LERK App ved as to fonn and ga s ff i Jeffre A. I zkow Mana ing ssistant County Attorney Item# j1:A Agenda I'D \0 I D 7 Date ~ Date ~/01 Rec'd -I Page 2 of 2 ~ Ui 1m i !1l "'::T ~!J I I!! m - ~ ill · Q.a~ 0 Fo. i ~ g fA ~ ~.~.~ 6 ~ :i ~ ~;.. ~ ~ o(])c: n ~ I a ~ H~ ~'" ~ &~P~ :i'i ~ ~ i ! it ~ ~ ~~; X? f i ~ ilO> g> H~ ' en ~uu~~tHi~ b~H~~ni ~t~ ~ i i n ~ ~mJJ~~. ~a<g. i. ...:0 . ~~~ i i il CIl S$ ::r 5~< ~ ~ ~~~ u ~ [l?~ 'I ~ s:~uj'1- !; g-mEt i ~ ;i~. ~ ~ o 3 (C ;, ." en OJ 2: ~ _'< 0> ::T;/en el:'o .g ire il- i '" .. ~ $ ~!CI) ~ ~i t+oQo ~g> is. en-n 1li ",n h . Co f ~ ,~ ~. 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"C" , "-, {~;..'~!3,.~\.'..Li iE" . .~~:_' .,s, "'_;_R',:,~'}: '.. ,1+. . - ,,'~' ~ ~ I "! ~ ~ ~ ~ ~ , ~ ~ ['~ ~!~[i [00 ~ ~ ~ I; !ili,: _ I. ~ !.i ~ '81, I;,:I~ ... ,_, n III ~In 12l 1m ~ 3 ~~ MI; ~ I'---.}} ~ ~ ~~~~; ? ,n f'l - .~ 0 8 <:: " , u ~ :2 " <: ~" !il lilll,::.~~~~r;.g~ I~,::. 10 :;; 0 'j! -" 1--'" ~ ,!~~I;:'I~ ~ i:l ) 011-11,1'_2 =!' ,as: The Hj.l'''ic/Ar''hoeologi~ol Probobll'l Counly "ouree rleg;groaU;g hblorlc ~/ a~~h~~6Jro~g;~h~e~~;:~-~ 96j35 "'i~ .~ -------------- Y_I " , '-0 Ie: ~~ ,}-l .1 1.-' G "tI , e: : O~ , -0 , e: ~ C_ I- u L ""O>~& r """ ~'"'"; ~ ~ i ~ ~ ~ ~ 8 ! 1,- 'iJl m~~ i]2"OJ8_ V) .,. 1 -. I; _J I ~ " - 1-0 ~ C ~ C S " ~.r':}, __':>I:I_E~~,_(C,R""') 96~5' " =1 , I~ I" I~ i~ ,! 17A 17 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) -.................................................................. ................................. Petition No. (If none, give brief description): V A-2007-AR-11703, Conner Date 1-1;l..-67 Originating Dept! Div: Comm.Dev.Serv.lPlanning Person: Melissa Zone Petitioner: (Name & Address): Heidi Williams, Q. Grady Minor & Associates, 3800 Via Del Rey, Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Richard D. Yovonich, Esq., 4001 N. Tamiami Trail. Suite 300, Naples, FL 34103; Kurt M. Lutgert, 180 Channel Drive, Naples, FL 34108 Hearing before BeC BZA Other Requested Hearing date: October 9 2007 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: V A~2007.AR-l1703, Kurt Lutgert, represented by Q Grady Minor, and Richard D. Y ovanovich, Esquire, Goodlette Coleman and Johnson, P.A., requests a variance to legitimize the legally-constructed non-conformities and permit a minor additional encroachment along thc front of the home to enclose and modernize the carport as a standard two~car garage. The applicant would like to enclose the carport, and expand the width of the home along the east side of the properly to the current side setback requirement of 7.5 feet. An addition was added to the original home on the northwest side and, although it was legally permitted, the current survey indicates a 1.5.foot encroachment into the required front yard. The subject property is located at 180 Channel Drive, Conner's Vanderbilt Beach Estates subdivision, Section 29, Township 48 South, Range 25 East, Collier County, Florida Companion petition(s), if any & proposed hearing date: Does Petition Fee include ad'Vertising cost? Yes 131-138326-649100 No If Yes, what account should be charged for advertising costs: Reviewed by: Approved by: .~ 'frJ. ~~ 1112/07 Department Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submii original to Clerk's Office, retaining a copy for file. **.***...*******************.************************************************************************ FOR CLERK'S OFfICE USE ONLY: Date Received: q 1 rv Date of Public bearing: 10 Jq /07 I ' Date Advertised: q(Ufo1 178 ,!~~ ' RESOLUTION NO. 07-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORIDA. RELATING TO PETITION NUMBER VA-2007-AR-II703. FOR A 1.2-FOOT VARIANCE FROM THE REQUIRED 30-FOOT FRONT-YARD SETBACK TO 28.8 FEET IN THE NORTHWEST PART OF THE FRONT YARD AND A 4.2-FOOT VARIANCE FROM THE REQUIRED 30-FOOT FRONT-YARD SETBACK TO 25.8-FEET IN THE NORTHEAST PART OF THE FRONT YARD FOR PROPERTY LOCATED AT 180 CHANNEL DRIVE, AS FURTHER HEREINAFTER DESCRIBED IN COLLIER COUNTY. FLORIDA. WHEREAS. the Legislature of the State of Florida in Chapter 125, Florida Statutes. has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (We) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 1.2-foot variance from the required 30-foot front-yard setback to 28.8 feet in the northwest part of the front yard and a 4.2-foot variance from the required 30-foot front-yard setback to 25.8 feet in the northeast part of the front yard as shown on the attached plot plan (Exhibit A), in the RSF-3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04-.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS. all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORIDA. that The Petition VA-2004-AR-11703 filed by Richard D. Yovanovich, Esq.. of Goodlette. Coleman, and Johnson, P.A., representing Kurt M. Lutgert, with respect to the property hereinafter described as: Conner's Vanderbilt Beach Estates, Lot 22, Block C, as recorded in Plat Book 3, Page 8, Collier County, Florida. Page I of2 178 . t ' be and the same hereby is approved for a 1.2.foot variance from the required 3D-foot front-yard setback to 28.8 feet in the northwest part of the front yard and a 4.2-foot variance from the required 3D-foot front-yard setback to 25.8 feet in the northeast part of the front yard as shown on the attached plot plan (Exhibit A), in the RSF-3 Zoning District wherein said property is located. subject to the following conditions: 1. No second-story construction shall be pennitted over the non-conforming structure; and 2. The existing six-foot encroachment (asphalt driveway) on the east portion of the property shall be removed prior to construction of the requested two-car garage BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2007-AR-11703 be recorded in the minutes of this Board. TillS RESOLUTION adopted after motion, second and majority vote, this _ day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~ ;m. {jJ.".II.J:: -~ --i!..n Jeffrey A. Klatzkow D~. Managing Assistant County Attorney Page2of2 V.LUIIHX3: ~ . ~ ~ "' ~ ~~ ~ <.<~ ~ o n I > Z Z P o ~ ^ ~ ~ ~ ~ @^ .Ii il1~ ~~ Z" g, .l~--.~ {; i I I I I g"9Z I I \ I I~ 2 q> I U ~Q .~ ~~ ~j~ i - I I I I I I I I _/ > rn we O. ,^ ~" ~; 6"ft> I j'o I I" i ,I ;: ." " I ' i~ a I 'j'" I", df,; ! Iii': ~ I . i2 '0 illig I Iii!;! , "" I ~ Ir<;r. ~ _.------.--_._._.lJ'_._ . o ~ ~ '" ~;;;~~~)i.!>l'" iil~i"'''''Sl~ ~~_~~8\:" c:lIl~r-...n ~~l;~-<~i: ~~~"iig~~ ;o,.,o,..!;:=Vl ~~:;ljq.~e;; ZC"'oO "'0 L;j~c:~... ~ . 'i!i!oO f'ii ..,g :;:;: 0 w , " o n ~ ~ ~ " ~ ~ ~ ~ g n o z ~ ~ ~ il .. ~ '~ !' ~ ~ ---~---- , Page I of I 17 B Martha S. Vergara From: Sent: To: Cc: RamirezHeather [HeatherRamirez@colliergov.net] Wednesday, September 12, 2007 1 :32 PM Patricia L. Morgan RamirezHeather Subject: Legal Ad for 10-9-07 Bee Attachments: Legal Ads.pdf Trish here is the very last legal ad for the 10-9-07 Bee Meeting. Sorry that it is an 1 1/2 late. I tried really hard. I will make sure I have all of them together for the next time around. The inter-office forms are also on the way as of today. 9/12/2007 178 '" September 12, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Petition V A-2007-AR-11703, Conner's Vanderbilt Beach Estates Dear Legals: Please advertise the above referenced petition on Sunday, September 23, 2007 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O./Account # 131-138326-649100 NOTICE OF PUBLIC HEARING 17 B l' Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 9, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2007-AR- 11703, FOR A 1.2-FOOT VARIANCE FROM THE REQUIRED 30-FOOT FRONT-YARD SETBACK TO 28.8 FEET IN THE NORTHWEST PART OF THE FRONT YARD AND A 4.2-FOOT VARIANCE FROM THE REQUIRED 30-FOOT FRONT-YARD SETBACK TO 25.8-FEET IN THE NORTHEAST PART OF THE FRONT YARD FOR PROPERTY LOCATED AT 180 CHANNEL DRIVE, AS FURTHER HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. The Board will consider Petition VA-2007-AR-11703, Kurt Lutgert, represented by Q. Grady Minor, and Richard D. Yovanovich, Esquire, Goodlette Coleman and Johnson, P.A., requests a variance to legitimize the legally-constructed non-conformities and permit a minor additional encroachment along the front of the home to enclose and modernize the carport as a standard two-car garage. The applicant would like to enclose the carport, and expand the width of the home along the east side of the property to the current side setback requirement of 7.5 feet. An addition was added to the original home on the northwest side and, although it was legally permitted, the current survey indicates a 1.5-foot encroachment into the required front yard. The subject property is located at 180 Channel Drive, Conner's Vanderbilt Beach Estates subdivision, Section 29, Township 48 South, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 178 , L.. /1 ' .. :,:~ JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk Dwight E. Brock Clerk of Courts eounty of Collier CLERK OF THE CIRCU1T COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST , P.O. BOX 413044. NAPLES, FLORlDA~41 0 1-3044 ... 17 \j Clerk of Courts Accountant Auditor Custodian of County Funds September 12,2007 Q. Grady Minor & Associates Attn: Heidi Williams 3800 Via Del Rey Bonita Springs, FL 34134 RE: Notice of intent to consider a Resolution: V A-2007-AR-11703 Conner's Vanderbilt Beach Estates Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 9, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 23, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK v Martha Vergara, Deputy Clerk Enclosure Phone-(239) 732-2646 Website- www.clerk.collier.fl.us Fax-(239) 775-2755 Email-collierclerk{aiclerk.collier.fl.us Dwight E. Brock Clerk of Courts -eounty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY Q:OURTaOUSE 3301 TAMIAMI TRAIL EAST ,. P.O. BO~ 413044_ NAPLES. FLORIDA~1101-3044 ... 178 Clerk of Courts Accountant Auditor Custodian of County Funds September 12,2007 Richard D. Yovanovich, Esq. 4001 N. Tamiami Trail Suite 300 Naples, FL 34103 RE: Notice of intent to consider a Resolution: V A-2007-AR-11703 Conner's Vanderbilt Beach Estates Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 9, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 23, 2007. You are invited to attend this public hearing. Sincerely, IGHT E. BROCK, CLERK Mmth,v"gom,V1f~ Deputy Clerk Enclosure "._...._..~...._,__._,_,____.~~_.~_...._"~.~""'..w__,._,....,~"___..__.,~____.,,._...,__,._._._.,_~.___.,,_"'..___-~-~,-.,_."._._~.,..,-_..,. Phone- (239) 732-2646 Website- www.clerk.collier.ft.us Fax- (239) 775-2755 Email-collierclerk(lliclerk.collier.ft.us 178 1I'jl!j ~~ ,)>~ ~}',,":'~ ~ .., Dwight E. Brock Clerk of Courts -eounty of Collier 1__. CLERK OF THE CIRCU!T COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST ,. P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 4- Clerk of Courts Accountant Auditor Custodian of County Funds September 12, 2007 Kurt M. Lutgert 180 Channel Drive Naples, FL 34108 RE: Notice of intent to consider a Resolution: V A-2007-AR-11703 Conner's Vanderbilt Beach Estates Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 9, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 23, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone-(239) 732-2646 Web site- www.clerk.collier.f1.us Fax- (239) 775-2755 Email-collierclerk(iVclerk.collier.f1.us Page 1 of I 17B ~~. .1 .f:~ Martha S. Vergara From: Martha S. Vergara Sent: Thursday, September 13, 200710:11 AM To: 'Iegals@naplesnews.com' Subject: V A-2007-AR-11703 Conners Vanderbilt Beach Estates Attachments: VA-2007 -AR-11703.doc; V A-2007 -AR-11703.doc Pam, Here is another ad for you.. Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 9113/2007 Martha S. Vergara 178 '. From: Sent: To: Subject: postmaster@collierclerk.com Thursday, September 13, 2007 10:11 AM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT05675.txt; VA-2007-AR-11703 Conners Vanderbilt Beach Estates IJ ~ ATT05675.txl (231 VA-2007-AR-11703 B) Conners Vande... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 17 B r~e 1 of1 '::':~ Martha S. Vergara *-------_._~_._.~._.~**~._._.._..*~...~--~._..._-*...~.--* ._-,.*---.- ----.~-*---~-~--*~._-_.-- --"**--'_._--"'-'-*"'*--~--"'~------~"-'~-~- From: Perrell, Pam [PPerrell@Naplesnews.com] Sent Thursday, September 13, 2007 11 :02 AM To: Martha S. Vergara Subject: RE: VA-2007-AR-11703 Conners Vanderbilt Beach Estates OK From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Thursday, September 13, 2007 10: 11 AM Posted To: Legals - NDN Conversation: VA-2007-AR-11703 Conners Vanderbilt Beach Estates Subject: VA-2007-AR-11703 Conners Vanderbilt Beach Estates Pam, Here is another ad for you.. Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 9/13/2007 09/28/2007 03:24 2392634864 NAA...ESDAILY 178 Naples Da.ily NewS. Naples, FL ~41C2 ~ffidavit of p~blication Naples D~ily News -------------- ------------- ------+--- EOkRD OF COUNTY COMMISSIONERS CHERI :UEFARA ?O BOX 413016 NAPLES FL 34101-3016 REF~RENC~, 001230 59433653 131DS326649100 VA-2007-AR-11703NOrI State of Florida Cou~ty of collier Before th~ undersigned authority, pereonally appe_:red Phil :r.,ewi~,' who en oath says that:. he" .ee.-,:vcs a5 the Editor and viee PrQs;:iaent or. the Naples Daily Newa. a daily news~.per publi$hed at NaplQo. in ColliQr County. FlO~'Qa, that the attached copy of _dvertising w.. publi~hed in said newspaper on dat$s listed. Af~i~nt further says that the gaid Naples Daily ~ewe is a newspaper ~ublished at Naplee, in Gaid Collier C:lunty. Florl.da, and. :h..t the said ~ewapaper has heretofore been ~ODtinuously publiuhed in said Collier County, Florida, each day and has been entered as second class mail matter. ~t the post office in NaplQQ, in said Collier County, ~lo~ida, for a period of 1 year next p~eceding the first publicatio~ of the attaenQd copy of adverti8e~ent; and affiant further says that h~ has neithe~ paid nor promised a~y person, fi~ or corporation any discount, rebate, commission or xef~nd for eh~ purpose of ~ecur~ng this advertieem~nt for publication in the said ne~5papa~. FUBLISH~P ON. 09/23 09/2, YA.~DD1.^IH1roll I NO""lCEO; __. - _. ~Ue.~lC HE,lflING Notlc~ i~ herlt!)/. ~ivlIiIl'1 \ ttlnt tr.. 80ard n Ccurrt~ Comml~!!.I::Of\ilr'" of col. \i('f counill will hold il pu~lle hta~\n~ 1)1'1 11.1~;' ~,,~. Oth,~(!. 5, 2L1~7. In ll'lr. &ctl.:drOom, ~rtl 1001, AdmlnlstntiCm Building. Colll-;:r Covnt1 ~J~ye{ri1r~~~Ul~'Vr~rl: Naplu. f1orida.. 1l1~ meltlCf wIll ~e\Jir'l ilt ::;~OI..U'TION 0' THE l l\C,6,aD OF iO\lllNt!. Ap. H,ALS OF C;OLLIF.:R t~~~J'-t60:~~~.h~[N ~f7~3~!:b~~' ;~f!f.tJT VARIANCE fRO~' HiE. RfOUIR[t! lO.FOOi FRONj.'YAlItO SETBACK TO 2 .R fEET IN THE NoRTttWI!:ST PART 01'" THE FRONT VARO ANO-" ,",,2'FnOT VARIANC!! "O~ THE "'OU'"," ,,- fOOT FRO!llFt'ARO sn- !ACIC. 10 25,s.n.El IN tHE NORTHEAST PART OF THE' fRONT YARD !"oR PROPERT~ toe AT. I!.tl AT ll.lO CIolANNEL Dl'tIVE. ;.S, FUR1IHr~ HI!R E.II'lAfT'q, DE. SCRle~O IN cOl.L.IER touNtV, FLoRIDA. OJ'pl 04/05 TM t1o,,'d will r~ur,:.;~I(:r p~t:tlon V:'.~O{lT.I,';. 11103, !<.urt l.<.If.r: ~rt, -.;1). -I' rlsent4d 1)1' Q~ (ir,\(l~ - Mlnor. 'If'lc!'RII~I1Mr.J ',). YO\l~nr.lv1ch. ~~'1ulrl', GoodltUr..- COIl:'I'l1,HI i'f'" I iO~~~I~~'r.rt~a' '~~'i}\~~;i,,~~; i thl;: Irg.i:IV'~o~~''-'t r;'I'r:l no~.c:(u'lfil'rr:1i;I('" i,"'!l: p"nT1I~ .~ ml~c' :li,(:,(WI\' "I I!n-:nln:~m~f1! ""1;1:.11 tne front (Ii t,,~ h,,,.,,,, I" I f.!ncl,,~~ lmet ",~~I(',riH ; t1rC c:luport 'l~ :.. ,1"1'''' di\rrl twa.r.;'1 lOll'''''!'''' i~IC~;~r~~~111~:t~~;~,~~~;t. , tw~ l~gl~r~lJ~~ W~~~_!:l~ll ~ttlti: ::If th(' plor;'.'tl~' ~v t:!'lCl curr.nt .,iell 1t'1I1~ck' t~q~d~nf~~ '~!'1~"~J;~;;~ II R' ttll!! orl!:lin,11 i)t,mc (,I) th<:: ,..Cll'tl'l.....n~ !.k1~ r1n~!, "IVmuQh it -~ ;"!:I.,;I, I 'P~rmltlf!d, tll~ C:U/'r~,1t slII'IIl!y I rdh;;;I\r~ .1 ',,~:. fOl)~ f!T'.~."Oilr;t"'Hlnr lI,l" I the rli!qulrco:l Irol,t pr/.J. :M stJbl4!lct jJt<:ip"rl.~ i~' 'I'lcat~d .).t 100 1..:';Il"r'l';: :mvl!, Connur'i \,Il\1i<l,'( !:lIlt !Ifi:lch E5.tnt.;c, ~ll)). tll ill s lon, S4!'r,.i nil ~'~'. Town$hip '11:\ Slout", Jlilng~ 2~ E.nlt, Cc.III1~' C(I(.r',l'l,l'lorl.:h. NOn: A I ~'r:-r!'.')ol~ wi"); In(';rtc sptnkl;ln ",r,y, &liler'"..rA Iler.l IT;LJ!.t \"l!!1i\'"I tllr Ivill'1 tlu r.o~nt..' /\'11. mit,\:,ltl;\t?r I',;"r :',~ r1rll- $,tflttllon of the ~':l<:;"'ll Item to b.: ~dllr'l:'~'."J"1 IndiYidUl:1 ~p~a...~.~ w.11 "e IllTlItfd 10' mlnutll:5 on any It~l'I'l. TM ~,'lllC' ~ilnif1lvl(j\.l:;:n-;;. 5pl!ak on b~h'I'. 01 ;l,r'l t crQilf1II:Mlon ',If (!'~UP .:; Clncourlll~~cl. Ir "~<:<:'~I' nl'Z.Qd bv ttl(. ':',,111' ,J, SD::.kl)~p~nd\l\ 'rl}r ;\ orcu~.or I)f~lal'1,;,e:,iICIIl rn...V br, a)jl:'ltlt.~1 V) mlfl. uus ~,~ SJ'lf,l~I~ "!" <:1<1 itfom. ptlr,soi'lt. wj~'llilO tv: l'IllYIt wrl~l:iI!''' h~. "r<l,~!1i,: I !\"lattri.'\li inr:ltJcled .;, tho B(ilttlJ 1\~'~:'(.:1 n,I!;~. ~t~ m~l~t 5'.II1".,t ~~I" ."ateri~l A nw.imul!'l ,,~ ;"l, '.I!f'elcs 1'l~lor ..1 \ :1" '" " ,~. 5Dtctive PIIr--I'~_]"I:,.mr".~.1 In any' CjD.sr,', :;..rt;;;, -\";,~.: t.. rij;,~ ~ntt ~IJO:;u lri II!l I coo~deriltl b~ the f.\1';)JT11 5h,,-1I i)e (\ubml~'.l'd to thO! ~pprorrlaH, ~:[)"IIly ~t(lrr Cl. mln'I'II.1\1'1 1':1 ='~\I. f! n rI iI V ~ t~: I'~" I" : :'l o! I re\lr7~\C u~;~.\~~'. r~;":~~'~: tlCnJi l:lif!/ln" t~~ ~",",,,J will tlacornC' 1\ l)f!rr.1'~- "'MTifP2trt~it~':-':;;;rl:~\ I Any pllr!i<'1l ....110 ':kd_~' 0$ t" a.PD""",1 1l d~,:i'llJrl oftM2C<lf(IWII! '1\..:<1 " ~f')corll ~f U;~ 1rc(:~d' InQ5 PCltlcJ nil'!! t~l0"'"~" ~rid ~t'1l!f~II."'" m<.lY t'lg~ tt'l e";IJr~' tt\1l~ :'\ verb~~ir1'l :1!'(()T(1 0: th~ 'Proce~dlnI]5 ir, mtldf!,. ,,\Ihlch rl'co~cI i"clud"s I tnllIOSIH"MIY 1;,I'rll".'(. dl!nel'! UPOJII 1.1.'111<:1'1 I,ll" f1ppe:.l1 is!:l~l'tl aOAR~ OF l:n~l~rYI CQMMISSION:;:~' COL.-.lER COUN TY n..ORI[)" Jo\Mli:5 COlETTi'., CHMA. MN< . _ I ~~~:H1" e, I!'IH;"lt, I 8'1': MI!~ti'l<l \~~"!;<lr.., "".PlAty ':l.r~ .'Ar~pt. z:; I'll '. ~ ,'il.lla~ . he SPACE; 153.000 INCH FILED ON; 09/24/07 ~:~~~::-~~-;:~:~~:-~~-~-~----_._-------.-------------.--------- ;lr"/'/ c'"' I /17 Sworn to and Subscribed before \":l.s. t.his ' () day of ....=>r' F--j""f" 20::j pe'J:sonally kno\'Jli by me. /7~':-.---.,t..,-t:.-t:.-/-, c.~~__-~.;;:7 r / lilJ....:'~.. NANCY EVANS f:i \"1 Commiasion 00 aS7(l3lJ ~ .- . Expires Juo/ 1 8, 2011 ..,w,:" ~!rIi'P.l'fl'\r~I'(l\II"l!IlI~~~Jl).,~y RECEIVED SEP 2 R 2007 FINANCE NAPLES DAILY NEWS Published D'llh Naples. Fl, .l~ I 112 VA-2007-AR-11703 NOnel OF PIlBLIC HI!ARING Notice .shereby given tt'I6t tbe so.Nt ofCOUi'1ty CO:frtl11lss1oners of Col. Uer County will hold:8 ~ubHchearlng on Tues~ day, October '9, 2OO1jln tbt Boardroom. rd ,too,l'." Administration Bullcnno. cotller county Government Cente" 3301 Eost T~ Trail, N.tP1i" florlda." The meet' will begin at 9:OOA. . ARESOLUrlON OF THE BOARD. OFZo-NlNG AP- PEAlS oF' COLl.iER f2-mr:',."50:~~~tl~EN NUMBER' VA-200T.AII. 'j 11703, FOR A 1.2','ooT VARIANCE FROM THE REQ~JUj) 3.11l'l.~* P1!tONT.YARlf'SE ' TO 2S;Sf'EET IN THE NbRTHWEST PART. OF 1lfE 'FRO~ YARD AND A' 4;2-FOOT'VARIAWCE FROM THE REQUIRED 30- FOOT FRONT ~tARD SET. , BACK TO 25.S-FEET,IN I THE N-ORTHEAST, P~T OF THe FRONT VA 0 FORPR01'eRTY LOCi" ED AT 1I0"CHAN'L DRIVE, AS FURTH" R HER,EINAPTE:R D . SCRIBE,D IN COLLfI~ CQUNTYj FI.ORlDA. .~~F U.llIJ.i_.. .. , '.'. ,.' Minor, iIM . P, ~:~&tI~1eJa'lr"~ JOhtWm.p:.A'.'.il!.... Is avanance-to ..... & the l"'ll~.'eoh' ru<lOd npn-con ormftle. and ~~.~J=i the ~;'.bntr. hOme to ~ enQlose and .moderftlze the carp:Qrt ..,. stan- dardtwp-ca,r aaraR:' E::~~~i the ,..-the 'HSt ! ilde -""to' the, .' .' .k requl:Of 7. teet. i An a Ion was 'addet1 to the original home on tlte OQrlhw~.tt side and, al_d.lt ..~U:~~ permttte -t . 'curren. survey Indte, es a 1;5. foot ent~hl:Mnt. Into the req1!_ fronty...d, The sUDJectpr'operty ls located at 180 Channel Drive Conner's v.ander- blltBeachEstates sub- -d1.VI.slon~ Section 29, Townlh p,,'SOl.lth, Range 2 East.. Collier __~unty.FlorIda. Affidavit of Publication State of Florida COllnty of Collier Before the undersigned lhe~ sene as the authority. pcrsonall~ appeared l~ilil Le\\is. \\ho on oath sa\s that the) , ' scn-e as the Editor of the Naples Daily. a daily newspaper published ;11 Naples. ill Collier COlInty. Florida~ distributed ill Collier ;md Lee coullties ol'Florida: that the attached cOP.'> or the ad\ crlisill!'__ being;J I'ljIJI,W NQTIO' III Ihe llIallcr or PUBLIC NOTICE \\a~ published ill said newspaper I time in the isslIe 011. September 2_)1<1.20()7 .\mant lurtlwr saYS thallhl.: said ~;apks Daily r\e\\s is a lll.:\\'spaper puhlished at 'apks, in said (\llIio.::r Cnll1lty. Florida, and thaI the said IK\\SpapIT has herdofore ho.::~n LCPlltilllll)w,ly Pllbllshcd in said Collicr ("Illll\_ Il'irida: dlslrihl1..:d in (.(,llier ;Illd J."e \ollnties "fll<lrid:1. '.'il~'h d;l\ :llld lws l\lc'll ,',.tl.'h'd :lS s,'C\'lld dass 1ll<lill11atter at the post <'Iii,''': in\.al'ks_ ill ~:.lld C'llli"l C(llllll\ Florid;!. 1<\1 d plTI<ld of 1 \L'~ll 11\'_'\1 pr..:<.:cdillg Ilk lirsl plIhlll';lti,)tl <ll'llk alladl":u \"lp~' of :ldhT\is<':I1I,~l1L and :d'ji:lIlt I'urthcl Sin-s that h..: bas neither paid 11<)1 l\r')111i~..:d ;U;\ p":1~,,\jL 111'111 m ~'<Jljhli,jli"ll ;11,:> JiSl-ullilL II-'h'lk. \'()llllllis:;iI1ll (\1 r..:lll1ld lor tilL' purpose <iI_securing Ihls advertiscllwnl f()r pllhli (\11 ill the ~'Iid Ik\\Sp<qh.'1 Slgllalurc'or,,0- S\\ om 10 and subscribed before Ille nlls2~rd D,l~ or Sl..'ptelllhcr 2()()7 --/ /7~c:..~= ;,-S;~~;II-~~~~r 110l;1~)lli"lic) f~~!i'.~::r~~~ .' " "., :-:: -~. .s: -'<i.Rf:.~:-*~' NANCY EVANS Commission DD 657030 Expires July 18, 2011 ~londed Thru Troy Fain tnSUI'll1'lCfl8OO-&7019 178 I ~~ NOTE:. AU .pe.rs..ons WISh.' .iIlg to 5P.ak 90, any ~__",",S' jij(lJjIthtlJe<>GljillY,,"', ="V\tl<i pre". ffem"to b."1Ii'W~a individual,. SDQkers wlli be ,JIi'ttltedto5 minutes onany,:ltem. The selec- tlcm of an'lndlvlduato speak on behalf of an organization or group Is encouraged. If' recog. nlzed by the Chair, a s~~pe!~gn for a group or orgad~ll~ln maybe aUotte (1m- utes, to sp.eak on an Item. Persons wishing. to have' written. or IIraphlc materials Included' In the Board agenda pack- ets must submit said material a minimum of 3 weeks prior to.. the ~e. speetl"e p'-lbllcl..~~lng. In any easel wrlttt!" ma- terials Intendtdto be considered by thO.1loWl sh.lI be' submttted to the approPrIa.te countY staff !amlftlmum otsev- e. n d$.ysprlo .rto the I publ-iC hearing. All ma- terial' used In pl'esenta- Nons "fore the Board wllt become a perma- nent paI1 Of thei'ecQrd. " Any p,rson who deeld- esto ~pee,t a-decision of the BOard Will need a record of the proceed- lr!1lI!..italnlng. tlJereto .n~-therefore. may need to ensure that a verbatim record 01 the Pfocndlngs -I. made. Wbtch record Includes the .testlmony and evi- dence upon which the appeal Is based. BOARD OF COUNTY COM~lSSI0NERS COLLIER COUNTY, flORIDA ~ttES COLEtTA. CHAIR. g~J~JiTE. BROCK. By: Marthavergar-8, DePuty Clerk sept. 13 No. 1614289 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------- --------------------------- --------+--- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE, 001230 59433653 131138326649100 VA-2007-AR-11703NOTI State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier Co-....mty I Flo~'ida, and Lhat t.he said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON, 09/23 09/23 17 B V"/2007.AR.11703 NOT1CEOF PUBUC HEARING Notice .Is herebV Qlven that the Board of County commissioners of Col- lier county will hold a ~ubnc hearing on Tues- daY, october 9, 2001~ in the . Boardroom, .Hd Fioor, Administration Building, Collier County Government Center. 3301 ,East Tamlaml Trail, Naple.s, Florida. The Illett~ng wl1l begin at 9:ooA..M. A RESOLUTI'ON. OF THE BOARD OF ZONING AP- PEALS OF COLLIER COONTY. FLORIDA:. RE- LATING TO PETI'tION NUMBER VA.2007-AR- 11703,FOR A 1.2-FOOT VARIANCE FROM TOKE. REOUIRED 30-FO T n6NT.;YARP SETBACK TO 28.8 FEET IN THE NORTHWEST PART OF THE FRONT YARD AND,A 4.2-FOOT VARIANCE FROM THE REQUIRED 30. FOOT FRONl~tARO..siT.- BACK iO 25.8-FEET .IN THE NORTHEAST PART OF THE fRONT YARD FOR PROPERTY LocAT- ED AT 180 CHANN'lL DRIVE, AS FURTHER HEREINAFTER DE- SCRIBED I'" COLLIER COUNTY, FLORIDA. The Board will consider ptUtlon,' VA"~.OO7'.\;R~ 1mJ. _'tlt\iIOrl. "",. r.s.nted by"Q'. 'Grady Mlnor, 6ndRtt.h.r~ -0; Yovanovloh. E.<til\,-e, Goodlette 'Coleman l\,{lQ Johnson. 9,A.. teQuej sts aYar1~e to legit mlze the. 1.~.lIy'o""Sll'lloted ~on- onfortnlttesand a minor addition. a encrollehment along the front of the home to enclose and moderlllze th. car~ort. as a stan- dard to-car garage. The apO 108nt would like to enclose lb, carportj ami expend 1lte width 0 the home IltoftO -the east '=e~LDP~ requirement of 1.5 feet. An addition was added to ,the oriQlnat.hom'e on ttle n~st ..Ide .and. althouGh It.W4$.leo..lly permitted. the current survey Indicates a 1.5- 'foot encroachment Into the required frO,nt. yard. The subjectpropeny Is located at 180 Channel Drive. Conner's Vander- bilt Beach Estates sub- divlSlonl. Sectldn 29, Townsh p. 48 South. Range 25 'East. Collier county, Florida. NOTE;. "'All ,ger$ons wish: Ins to;spe" ~ r:st ~"a:~A'" mlnl~..r _. .. to P<1" _'.of.lhOl(iOAda Item to be addr.5sed. lndlvlduafspeakert- will benmtted to 5 mInutes on any item. The selec. tlon of an Indlvldual'to speak. on behalf of an organtzatlon or group Is encouraoed. Ifrecag. nized by the Chair, a spokesperson for a group or organlU. .,t19n may be allotted 1&m1\'l' utes to speak on an Item. Per,sons wishing to havewrittel'l or g,raphlc materials Includ~d in the Board agenda pack. ets. must submit saId material ,a minimum of 3 weeks prior to the reo spectlve ,publk:. hearing. In any we. wrlttenma- terlals Intended to be 00I151dered by the _d shall be submItted to the app'!oprl8!:ecounty staff amlt1knUM of sev. en da)'s pr'lor. to the .~bllo . hearing. All ma. terlal used ..In presenta- , tlons' before the Board wl1\ become a perma- neM'part otthe'teCO!d. Any person who dfcid- es to agpea.l a decision of the loan:l'wlllneed a record of the. prQceed. Ine. ptit&lntOQ ttJt;reto and therefore.' 1Tlay need to. ensure thllt a ~batlm record of, the p-roc.edlngs Is m,tde. I wt>>eh record lnettides I. the teltlmohY artd evi- dence upon which the j8Ppealls based. BO"-RD OF COUNTY COMMISSIONERS COl.L1ER COUNTY. FLORIDA JAMES COLETTA. CHAIR. ~~UiHT E; BROCK, CLERK By: Martha Vergara, Deputy Clerk Sept. 23 No. 1614289 AD SPACE, 153.000 INCH FILED ON: 09/24/07 ~~~~::~::-~~-~~~~:~:-~-~~--------;.~----+----------------------- Sworn to and Subscribed before me this K day of /~5;' p-t 20q Personally known by me ~;7c~~_ ~~~ ( ,-iI'l/iVrik NANCYEVANS ,:i ;'" Commission DO 657030 'iir....,,\t' Expires July 18, 2011 ,Hr,,101' 8o/IlIIdThf\JTIOyAilntneul'llMem..38S-7019 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 E' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Otl'ice. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excePtion afthe Chainnan's sip-nature, draw a line through routim! lines # llhrow:!h #4, comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (Ust in routine: order) ~ S~ L D e--S ~ fY\~, IO-lD-O, 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffbr additional or missing information. All original documents needing the BCC Chairman's signature are to be delivcrcd to the BeC office only after the Bee has actcd to approve the item. Name of Primary Staff Contact Agenda Date Item was 10/09/2007 A roved b the BCC Type of Document Attached Melissa Zone, Principal Planner Phone Number 213-2958 Agenda Item Number 17B \ ,fit Number of Original Documents Attached ...r 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NIN' in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip' should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certa time frame or the BCC's actions are nullified. Be aware of our deadlines' The document was approved by the BCC on (enter date) and all changes made during the meeting have been incurporat d n the attached document. The Count Attorne 's Office has reviewed the chan cs, if a licablc. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17B RESOLUTION NO. 07--rB-3- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2007-AR-11703, FOR A 1.2-FOOT VARIANCE FROM THE REQUIRED 30-FOOT FRONT-YARD SETBACK TO 28.8 FEET IN THE NORTHWEST PART OF THE FRONT YARD AND A 4.2-FOOT VARIANCE FROM THE REQUIRED 30-FOOT FRONT-YARD SETBACK TO 25.8-FEET IN THE NORTHEAST PART OF THE FRONT YARD FOR PROPERTY LOCATED AT 180 CHANNEL DRIVE, AS FURTHER HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 1.2-foot variance from the required 30-foot front-yard setback to 28.8 feet in the northwest part of the front yard and a 4.2-foot variance from the required 30-foot front-yard setback to 25.8 feet in the northeast part of the front yard as shown on the attached plot plan (Exhibit A), in the RSF-3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that The Petition V A-2004-AR-I1703 filed by Richard D. Y ovanovich, Esq., of Goodlette, Coleman, and Johnson, P.A., representing Kurt M. Lutgert, with respect to the property hereinafter described as: Conner's Vanderbilt Beach Estates, Lot 22, Block C, as recorded in Plat Book 3, Page 8, Collier County, Florida. Page I of 2 17b be and the same hereby is approved for a 1.2-foot variance from the required 3D-foot front-yard setback to 28.8 feet in the northwest part of the front yard and a 4.2-foot variance from the required 3D-foot front-yard setback to 25.8 feet in the northeast part of the front yard as shown on the attached plot plan (Exhibit A), in the RSF-3 Zoning District wherein said property is located, subject to the following conditions: I. No second-story construction shall be permitted over the non-conforming structure; and 2. The existing six-foot encroachment (asphalt driveway) on the east portion of the property shall be removed prior to construction of the requested two-car garage BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2007-AR-1l703 be recorded in the minutes of this Board. THIS RESOLUTION adopted after motion, second and majority vote, this ~ day of t!J::t;; bP ~. " 2007. . 'c. .,1, . . ,/' ATIEST: . DWIClHTE. BROCJ(, C+ERK By: " iltUiS as . sionature 081',f.:' '\ y Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY~ 'JA~COLETT ,C A AN Approved as to form and legal sufficiency: if' m~ on. {J.t-I' ,11 dve -LltUt..L4J Jeffrey A. Klatzkow ' Managing Assistant County Attorney llem# JlB Agenda 1()lql O~ Date ~ Date ,010101 Rec'd ~ Page 2 of 2 [" i . I I II; I !, ~ ~ a ; 0..0 I 110 ; ~I ~ "I" ! < ~ ~ ;! . '" . ~ ~ 0 I'di'" ; '11" " i ~;p. 8 ~ . s i2 . HII'~ , 'I '" ! I'." '. lJ I ~ ~ c ~ ~ ~ ~ ~ ~ ~ o ~ " o '" " " ~ 1= '" [;j ." ~ " i.1 Iii. I , .:1 , x '^ ~ - 6'r~ I' II ; 1:1 ~ O~ ',:~l -~ J-- [ V l.UlIHX3 ~ ,m ~ o " z z Q ~ _._,.u_._ ~ z ~ ~ " '" " < 0 , 0 N Q ~ z , o ~ N. n~ ill, mo m- nn IDn 6> n< ~~ I --------. I I I I l 1/- "i ~,-~ ' , , .-...., .~ u' l;n;1 [(';Z 178 l~ n I ~ Z Z ~ , o " < ~ , I I I I I -~ ,: -.- ---~ ~ c. -....... , COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 17c To: Clerk to the Board: Please place the following as a: X Nonnallegal Advertisement (Display Adv., location, etc.) D Other: ********************************************************************************************************** Originating Deptl Div: CDES/Operations Person: James French Date: September 21,2007 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address ofany person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. October 9. 2007 Newspaper(s) to be used: (Complete only if important): X Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE REPEALING ORDINANCE NO. 2003.14, RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF A GRID PATTERN FOR STREET NUMBERING; PROVIDING FOR STATUTORY AUTHORIZATION; PROVIDING FOR FINDINGS OF FACT; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER; PROVIDING FOR EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER; PROVIDING FOR SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER(S); PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER; PROVIDING FOR REQUIRED CONDITIONS FOR NEW CONSTRUCTION OR BUILDING REPAIRS; PROVIDING FOR A PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS; PROVIDING FOR A PROCEDURE FOR CHANGING NON. CONFORMING ADDRESSES; PROVIDING FOR DULY ADVERTISED PUBLIC HEARINGS TO RENAME A STREET; PROVIDING FOR PROCEDURES FOR RENAMING OF DEVELOPMENTS. SUBDIVISIONS, STREETS AND BUILDINGS; PROVIDING FOR PROCEDURES FOR NAMING DEVELOPMENTS, SUBDIVISIONS, STREETS AND BUILDINGS; PROVIDING FOR STREET SIGNS ON RENAMED PUBLIC OR PRIVATE STREETS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING A WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? D Yes D No If Yes, what account should be charged for advertising costs: 113-138932 ~edbY::9 0 .J l_/tCn~C ~tf b2./1~7 {/ Division Administrator or Designee Date List Attachments: I. Ordinance Amendment DISTRIBUTION INSTRUCTIONS A. For hearings hefore BCC or BZA: Initiating person to complete one coy and ohtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. Tbe Manager's office will distribute copies: 17C o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. **********************************************************~*~~~**************************************** FOR CLERK'S OFFICE USE ONtt ~ C}/""L_ Date Received: 1',2. ~ tJ7 Date of Public hearing: 0 q 01 Date Advertised: ~ ORDINANCE NO 07- 17C AN ORDINANCE REPEALING ORDINANCE NO. 2003-14, RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF A GRID PATTERN FOR STREET NUMBERING; PROVIDING FOR STATUTORY AUTHORIZATION; PROVIDING FOR FINDINGS OF FACT; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER; PROVIDING FOR EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER; PROVIDING FOR SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER(S); PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER; PROVIDING FOR REQUIRED CONDITIONS FOR NEW CONSTRUCTION OR BUILDING REPAIRS; PROVIDING FOR A PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS; PROVIDING FOR A PROCEDURE FOR CHANGING NON- CONFORMING ADDRESSES; PROVIDING FOR DULY ADVERTISED PUBLIC HEARINGS TO RENAME A STREET; PROVIDING FOR PROCEDURES FOR RE-NAMING OF DEVELOPMENTS, SUBDIVISIONS, STREETS AND BUILDINGS; PROVIDING FOR PROCEDURES FOR NAMING DEVELOPMENTS, SUBDIVISIONS, STREETS AND BUILDINGS; PROVIDING FOR STREET SIGNS ON RENAMED PUBLIC OR PRIVATE STREETS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING A WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the regulated assignment of addresses and the avoidance in duplication of development names will provide for more efficient response in the arrival of emergency vehicles such as police, fire and ambulance; and WHEREAS, Collier County ha<; implemented the Enhanced 9-1-1 System and incorrect addresses delay response times for emergency vehicles; and WHEREAS, the lack of properly numbered structures may result in the misrouting of delivery vehicles, mail, carrier, and home delivery vehicles; and WHEREAS, the lack of properly numbered structures may result in unnecessary inconvenience, discomfort and driving for persons unfamiliar with the County; and WHEREAS, Section 336.05, Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads; and WHEREAS, Sections 10.02,04 A.3.b. and 6.06.0LQ.2. of Collier County Land Development Code require that no street, building, subdivision or development shall duplicate the name of any other street building, development or subdivision in the unincorporated area of Collier County; and WHEREAS, duplication of names of developments, buildings, streets and subdivisions not only causes confusion to the general public but can be a threat to public safety and public safety services. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Page 1 of 15 SECTION ONE: STATUTORY AUTHORIZATION. The legislature of the State of Florida has. in Chapter 125, Florida Statutes. delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. 17 " SECTION TWO: FINDINGS OF FACT. The Board of County Commissioners of Collier County, Florida, after a public hearing with due public notice, has determined that the public health, safety, comfort, good order, convenience, and general welfare would best be served by the exercise of the power granted to said Board by said Chapter 125, Florida Statutes, and the adoption of this Ordinance. SECTION THREE: STATEMENT OF INTENT AND PURPOSE. It is the intent and purpose of this Ordinance to promote the public health, safety and general welfare of the citizens and persons in Collier County, Florida by requiring the posting of official address numbers on principal or accessory structures, establishing a procedure for numbering and renumbering developments and procedures for naming, renaming and monitoring street names in the unincorporated areas of Collier County for the purpose of providing emergency services such as fire, police, and ambulance; to facilitate delivery of mail, official notices, goods and merchandise; and assist in locating various points of interest throughout the county. SECTION FOUR: DEFINITIONS. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. A. Accessory structure: An accessory structure is a structure of nature customarily incidental and subordinate to the principal structure and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot under the same ownership. B. Administrative official: The County Manager or his Designee is hereby designated as the Administrative Official and shall be responsible for the implementation and enforcement of this Ordinance. C. Auxiliary Official Address Number: An Official Address Number used to identify an accessory structure, a mobile home or recreational vehicle within a mobile home rental park or recreational vehicle park, an apartment or condominium unit, individual units within a commercial site, or ,my other structure which has been determined by the Administrative Official to require an auxiliary official address. D. Development: The act, process or result of placing buildings/and or structures on a lot or parcel of land. E. Emergency service: Means, hut is not to be limited to fire and police protection, ambulance service and the delivery of medical services by a physician. Page 1 of 15 Grid: A pattern of lines, governed by a point of origin, on a map of Collier County to identify reference points for the assigning of addresses. Lot: For purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet the minimum requirements of the zoning district in which it is located, for use, coverage, and area, and to provide such yards and other open spaces as are required. Such lot shall have frontage on a public slreet or on an approved private street and may consist of: (I) A single lot of record; (2) A portion of a lot of record; (3) A combination of compIcte lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or (4) A parcel of land described by metes and bounds. H. Master planned community: A master planned community is a plan of development for an area of land in which all of its geographic parts are joined together by a system of streets which in turn share common access to the county's major street system. 17G F. G. Characteristics include common recreation amenities, common open space and a master property owners association. 1. Occupant: Any person, association, partnership, trust, organization or corporation, other than the owner, who is occupying or leasing the principal or accessory structure for a period exceeding 30 days. J. Official address number: The official identification number assigned to a principal or accessory structure by the Administrative Official for the purpose of providing its expeditious location. K. Owner: Any and all persons, partnerships, trusts, organizations or corporations which own the fee title to the property upon which a principal structure or accessory structure is located. L. Principal structure: The structure which serves as the principal use permitted in the zoning district within which it is located. M. Private street: Thoroughfare, used for vehicular traffic, which affords the principal means of access to abutling properties, used exclusively for the residents therein. N. Public street: Right-of-way either paved or unpaved, which is intended for vehicular traffic. O. Neighborhood Informational Meeting: A meeting to provide the public with general information pertaining to the changing of address numbers or street names; usually for ten (10) or more properties. SECTION FIVE: REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER. A. The owner or occupant of a lot upon which a structure is located shall post an Official Address Number on the principal or accessory structure located on said lot, in accordance with the requirements of this Ordinance or within 90 days of the notification of the address change as provided in Section Eleven. Page 3 of 15 c In addition to posting the Official Address Number on the principal or accessory structure, it shall also post the Official Address Number on the seawall, on the end of a dock or pier or on the boathouse, in accordance with this Ordinance. Official Address Numbers and/or the range of Official Address Numbers shall be posted within the upper third or in the area defined in Section 5.06.00 of the Land Development Code of commercial and residential signage that utilizes the following sign types: pole sign, ground sign and directory signs. 17C B. SECTION SIX: EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER. A. Unimproved lots upon which no structures are located, with the exception of those legal nonconforming waterfront lots for which a Conditional Use has been granted allowing the construction of a boat dock facility; such lots must post a sign showing the street address number facing and visible from the road right-of-way as demonstrated in Exhibit 4. B. The Administrative Official may grant an exception to the requirements of Section Five and Seven, after application for an exception by the owner and a determination by the Administrative Official that one of the following may apply: I. The architectural design is such that strict enforcement will interfere with the function and utility of the architectural theme of the structure. 2. In the case of multi-residential structures, mobile homes and recreational vehicles, strict compliance is not reasonably possible due to the arrangement, number and location of units involved. Reference Exhibits 1 and 2. 3. Where unusual conditions exist or where the literal interpretation of Section Five or Seven will create a hardship, the Administrative Official may deviate from the specifications of Section Five or Seven provided such deviation will not circumvent the intent and purpose of this Ordinance. In the granting of an exception, the Administrative Official may specify conditions and specifications upon which exception is granted. SECTION SEVEN: SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER(S). A. Official Address Number(s): 1. One and two-family structures shall have Official Address Numbers in Arabic design and have a minimum height of four (4) inches. 2. All other new structures shall have numbers of Arabic design and a minimum height of six inches. Existing buildings, other than one and two-family structures, shall have address numbers that comply with the six-inch minimum height and all other specifications of this section. Numbers shall be mounted in a secure fashion to the structure's front wall or other fixed appurtenance in the front of the structure within five (5) feet of the main en try way or main path of travel which leads to the main entrance from a public Of private street or shall be otherwise Page 4 of 15 17C separately mounted in a manner upon the face of a wall or fence or upon a post in the front yard of the property. Numbers for all structures shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (IS) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with case during daylight hours by a person possessing at least 20/40 vision if he views the numbers from the center line of the abutting street. The numbers shall be placed so that trees, shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. 4. Wherever practicable and in accordance with these specifications, the Official Address Number on all structures shall be placed as close to a light source as possible in order to make it more visible at night. If not near a light source, the number shall be made of reflective material. 5. Address Numbers on signs must comply with the Collier County Land Development Code Section 5.06.00. B. Apartment Buildings: In the case of an apartment building which contains a series of individual apartment units within a principal apartment building, the following shall 3. apply: (I) The principal apartment building shall be considered as the principal structure and shall be numbered in accordance with Section Five and Seven, A, above. In addition to the Official Address Number of the main apartment building, when the building does not have an uniquely assigned address number, such number shall include a by-line indicating the Official Address Number range of the apartment unites) within the apartment building. Unit number shall be displayed using numbers no less than four (4) inches in height and the principal address numbers shall be no less than six (6) inches in height and shall be indicated as demonstrated in Exhibit 1. e. Mobile Home and Recreational Parks: In the case of a mobile home park or recreational vehicle park, the park and the lots within the park shall be numbered as follows: 1. The mobile home park or recreational vehicle park shall be considered as the principal structure and shall be numbered in accordance with Sections Fivc and Seven, A, abovc. 2. In addition to the Official Address Number of the mobile home or recreational (2) vehicle park, each lot located within the park shall be given an auxiliary Official Address Number which shall be indicated as demonstrated in Exhibit 2. D. Private Entryway: In instances where a main entryway of a structure(s) is not clearly visible from a public or private street, the owner shall be required, in addition to the requirements of Section Five and Section Seven, to post the Official Address Number and/or Official Address Number range in a conspicuous place within tcn (10) feet of the point of intersection of the driveway serving the structure(s) and the right-of-way of the Page 5 of]5 17C public street or the easement line of a private street as the case may apply, as demonstrated in Exhibit 3. E. Mailbox Numbers: Wherever required by law that the Official Address Number be placed on a mailbox in order to receive U.S. Mail, the owner shall be required to post the Official Address Number on both sides of the mailbox using numbers no less than three (3) inches in height or if on the top of the mailbox, numbers no less than two (2) inches in height; in addition to the Official Address Number on the principal or accessory structure as required in this Ordinance. F. Numbering of Waterfront Property: In the case of a waterfront lot, (see also Section 6.A, above), the owner shall be required to post the Official Address Number on the seawall, the end of the pier or dock, or on the Owner's boathouse according to the following specifications: 1. Official Address Number(s) shall be Arabic in design and have minimum height of six inches. Such numbers shall be mounted in a secure fashion on the waterside of the structure so as to be clearly visible by passing boat operators using the abutting waterway. 2. Official Address Numbers shall be mounted at a height between four feet and ten feet above the abutting waterway as measured from the National Geodetic Vertical Datum. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least 20/40 vision if he views the numbers from within 100 feet on the abutting waterway. The numbers shall be so placed that other obstructions do not block the line of sight of the numbers from the abutting waterway. 3. It shall be required that all Official Address Numbers be placed close to a light source or made of reflective materials so as to be visible at night by the operator of a passing boat or by shining a flashlight on the number. G. Commercial Structures, or Multifamily Structure: 1. Buildings with three (3) or more dwelling units, having a rear access roadway or alleyway, rear entry doors into the units/suites shall be marked as follows: a. Unit and suite numbers on structures shall be Arabic in design and have a minimum height of four (4) inches. Such numbers shall bc mounted in a secure fashion to the unit or suite rear entrance door or other fixed appurtenance in the front of the door within five (5) feet of the rear entryway or main path of travel which leads to the rear entrance from the rear access roadway or alleyway or shall be otherwise separately mounted immediately adjacent to the rear access entrance door on the structure wall. b. Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (15) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, Page 6 of 15 17C size and unifonnity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least 20/40 vision if he views the numbers from the centerline of the abutting roadway or alleyway. The numbers shall be so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. c. Wherever practicable and in accordance with these specifications, the unit or suite number shall be placed as close to a light source as possible in order to make it more visible at night. If not near a light source, the number shall be made of reflective material. d. Official Address Number or numbers shall be mounted to the sign face, be a part of the sign copy, or be mounted to the sign structure. This area shall be free of obstructions so that the line of sight of the numbers is visible from the center of the street and should refer to Section 5.06.00 of the Land Development Code for signs. SECTION EIGHT: APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER. Any residential property requiring a new Official Address Number shall be applied for with the Administrative Official. In order to have an address assigned to a residential property, the applicant must provide a legal description of the subject property to the Administrative Official. In order to have an address assigned to a commercial property, the applicant shall provide an approved site plan to the Administrative OfficiaL SECTION NINE: REQUIRED CONDITIONS FOR NEW CONSTRUCTION OR BUILDING REPAIRS. All new construction or building repairs requiring a county building permit shall comply with the requirements of this Ordinance prior to the final structural inspection or final building repair inspection by the inspections section of Collier County's Building Review and Permitting Department. A Certificate of Occupancy shall not be issued until it has been verified by the Administrative Official that the building has been properly addressed. SECTION TEN: PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS. A. The following Grids are established in Collier County for the assigning of addresses to structures: 1. City of Naples Grid: A pattern of intersecting lines running north/south and east/west. The point of origin for this grid shall be Central A venue and the Gulf of Mexico in the City of Naples with lines running east/west and north/south of point of origin. The interval of lines shall continue: North to the Collier County line; Page 7 of 15 17C South to the Gulf of Mexico excluding Marco Island; and East to 1-75 and Airport Road North & South. 2. Area of Golden Gate Grid: A pattern of intersecting lines running north/south and east/west. The point of origin for this grid shall start at Wilson Boulevard and Golden Gate Boulevard. The interval of lines shall continue: North to the Collier County line and S.R. 858; South to the Gulf of Mexico; East to the Collier County line; and West to 1-75 and C.R.lS.R. 951/Collier Boulevard. 3. Area of Marco Island Grid: A pattern of intersecting lines running north/south and east/west with the point of origin beginning at San Marco Road (S.R. 92) and the Gulf of Mexico. This grid shall encompass all of Marco Island. 4. Area of Immokalee Grid: A pattern of intersecting lines running north/south and east/west with the point of origin starting at Main Street (S.R. 29) and First Street (S.R. 846). The interval of lines shall continue: North to the Collier County line; South to Oil Well Road (S.R 858) and ImmokaJee Road (S.R. 846); West to the Collier County line, east line of Range 27 and Oil Well Grade Road; and East to the Collier County line. B. Odd numbers will be assigned to the buildings on the north and west sides of the public or private streets, even numbers will be assigned to the buildings on the south and east side of the public or private street. C. The assignment of numbers on corner lots shall be determined from the public or private street on which frontal access to the building is obtained unless unique and unusual circumstances exist as determined by the Administrative Official. D. In cases in which the public or private street runs both north/south and casUwest, the grid direction shall be determined by the predominant proportional length of the public or private street. E. Main arterials which pass through more than one grid shall not have more than one addressing system. F. Where more than two units exist within a building, the entire building shall have a principal number with an auxiliary Official Address Number for each individual unit, unless it is more reasonable or practical to assign Official Address Numbers to each unit. G. The Administrative Official shall at his discretion, relinquish precedence of the specified grid system in cases where it would be more reasonable or practical to assign a street address based on a numbering system used by a municipality or subdivision. Page 8 of 15 17C"'H SECTION ELEVEN: PROCEDURE ADDRESSES. FOR CHANGING NON-CONFORMING A. Where the existing building number does not conform to the requirements provided for by this Ordinance, the Administrative Official shall provide a "change of address notice" to the Owner of the building. A building number shall be considered non-conforming jf it does not conform with the grid numbering system established by this Ordinance, if the number is out of sequence with other numbers on the street, or if an odd or even number is on the wrong side of the street. B. A neighborhood information meeting is not required when changing addresses for less than ten properties. The Administrative Official shall notify the owner of each property and all appropriate government agencies of the address change through the use of a "Change of Address Notice" sent by U.S. Mail. Residents have 90 days to change to the correct address. A copy of the "Change of Address Notice" shall be kept on file in the Addressing Section of the Collier County Community Development Environmental Services (CDES) Division. Within ninety (90) days from the date of the "Change of Address Notice," the Owner or Occupant of the property shall conform to the address approved. The "Change of Address Notice" shall contain the following: 1. The correct address number, previous number and requirement that the property Owner or Occupant post the number in accordance with the requirements of this Ordinance within ninety (90) days From the dale of the Notice. 2. The name of the property owner and legal description. 3. The date of the notice. C. Public notification process when changing addresses for ten or more properties: The Administrative Official shall conduct at least one neighborhood informational meeting in addition to the above written notice requirements. This meeting shall be held 30 days prior to the "Change of Address Notice" being mailed. The location of the neighborhood informational meeting should be reasonably convenient to those property owners who are required to receive notice and the facilities shall be of sufficient size to accommodate ex.pected attendance. The Administrative Official shall initiate an advertisement, in type no smaller than 12 point and said advertisement shall be placed in the local or community section of the newspaper. The advertisement shall state the purpose, location, and time of the meeting and shall be placed with a newspaper of general circulation in the county at least seven days prior to the neighborhood informational meeting. SECTION TWELVE: DULY ADVERTISED PUBLIC HEARING TO RENAME A STREET. Pursuant to Section 336.05, Florida Statutes, the Board of County Commissioners IS authorized to rename streets and roadways in the unincorporated areas of the County. A duly advertised public hearing, and a super-majority vote of at least four affirmative votes, shall be required to effectuate the renaming of the street or roadway. However, State roads lying in the Page 9 of 15 17C unincorporated areas of Collier County are numbered by the Florida Department of Transportation (FDOT). A. Public notification process when renaming streets or roadways: 1. Public notification process when renaming platted streets or roadways where the change is initiated by the County. The County shall conduct a least one neighborhood informational meeting. This meeting shall be held 30 days prior to changing of the roadway and the County is required to install street signs. The location of the neighborhood informational meeting should be reasonably convenient to those property owners affected by the renaming of the street and the facilities shall be of sufficient size to accommodate expected attendance. The County shall cause a display advertisement, in type no smaller that 12 point and said advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall state the purpose, location, and time of the meeting and shall be placed with a newspaper of general circulation in the county at least seven days prior to the neighborhood informational meeting. 2. Public notification process when renaming platted streets or roadways where the change is initiated by a private individual. The applicant shall be responsible for conducting at least one neighborhood informational meeting. This meeting shall be held 30 days prior to changing of the roadway and the petitioner is required to install street signs. The location of the neighborhood information meeting should be reasonably convenient to those property owners affected by the renaming of the street and the facilities shall be of sufficient size to accommodate expected attendance. The applicant shall cause a display advertisement, in type no smaller than 12 point and said advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall state the purpose, location, and time of the meeting and shall be placed with a newspaper of general circulation in the county at least seven days prior to the neighborhood informational meeting. 3. Notification for unplatted streets and roadways: The Administrative Official shall conduct at least one neighborhood informational meeting jf the name change involves more than 10 property owners and is not required to go before the Board of County Commissioners. This meeting shall be held 30 days prior to changing of the roadway and the petitioner is required to install street signs. The location of the neighborhood informational meeting should be reasonably convenient to those property owners affected by the renaming of the street and the facilities shall be of sufficient size to accommodate expected attendance. The Administrative Official shall cause a display advertisement, in type no smaller than 12 point and said advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall state the purpose, location, and time of the meeting and shall be placed with a newspaper Page 1001'15 17C of general circulation in the county at least seven days prior to the neighborhood informational meeting. PROCEDURES FOR RE-NAMING OF DEVELOPMENTS, SUBDIVISIONS, STREETS AND BUILDINGS. A. A street can be renamed by one of the following three methods: I. Renaming platted and unplatted streets by Petition: a. Applicant must first verify with the Addressing Section of the Collier County CDES Operations Department that the proposed street name is not a duplication. b. A petition signed by sixty-six percent of all of the property owners abutting the street to be renamed may be submitted to the Administrative Official with the necessary application, site plan of the street to be renamed and a list of all property owners abutting the street to be renamed. In the event that more than one property is owned by the same entity, each such property shall represent a separate signature, to be counted against the required percentage. The application shall include: (1) the petitioner's name, address and telephone number; (2) a legal description or location of the street; (3) the present street name; and (4) the reason for requesting name change. Applicable administrative fees in accordance with Fee Resolution No. 2005-384 or its successor Resolution are required to be paid for the cost of notifying each abutting property owner of the proposed street name change. 2. Renaming of streets where duplicate names exist or one will be created because of changes to the Transportation System: a. The Transportation Administrator or his designee may submit an application to the Board of County Commissioners for a street name change where the public health, safety and general welfare would be affected thereby. 3. Street renaming by Board of County Commissioners: a. The Board of County Commissioners may request a change of street name at any time after notice by publication and a public hearing. B. The Administrative Official shall determine whether the proposed street name is a duplicate of any existing street name. Upon submittal of a public petition, application or request for street renaming, the Administrative Official shall determine if the proposed name is in conflict with any existing street name and verify the ownership of the properly owner(s) requesting the street name. In determining if the proposed name is in conflict with existing street names, and if the request involves a Transportation Project, the Administrative Official shall confer with the Transportation Administrator to review the name change for duplication, assimilation, confusion or repetition. C. Upon reasonable review of the platted street name petition, application or request for the renaming of a street, County staff will schedule a public hearing before the Board of SECTION THIRTEEN: Page 11 of 15 17C County Commissioners, notify the property owners abutting the street of the proposed street name change, and make a recommendation to the County Manager's Office. D. Notification of a public hearing before the Board of County Commissioners shall be given to abutting property owners fifteen (15) days prior to the public hearing. After a duly advertised public hearing and upon the Board of County Commissioners' approval, the Administrative Official will notify all appropriate governmental agencies and property owners abutting the street being renamed. E. The Addressing Section has the responsibility of maintaining street address maps and assigning street numbers. F. Unplatted street name changes have the same criteria as platted street name changes but are not required to go before the Board of County Commissioners and are administratively changed by the Collier County Addressing Section. G. Procedure for changing or renaming a development, subdivision or building: 1. A development, subdivision or building can be renamed by a property owner or developer with approval from the Addressing Section as long as the name is not duplicated or an overused namc. The Addressing Section has the authority to approve a renaming request. 2. A "Development name change" application form must be completed and contain the following: Address checklist Location map Any addresses in the development or subdivision A cover Jetter stating the reason for the change with a fee according to Fee Resolution No. 2005-384 (or any successor) is required. 3. The approved name is changed in the computer database files and a Ictter of approval for the name change is sent to the petitioner and the appropriate agencies stating the old name, new name, legal description and addresses within the development or subdivision affected by the change. 4. An appeal shall be filed with the Collier County Board of County Commissioners within ten (10) days of the disagreement, decision or determination and the aggrieved person shall furnish a copy of such appeal to the Administrative OfficiaL The applicable filing fee in accordance with Fee Resolution No 2005- 384 or its successor resolution is required for each appeal. SECTION FOURTEEN; PROCEDURES FOR NAMING DEVELOPMENTS, SUBDIVISIONS, STREETS AND BUILDINGS. A. When requesting a name for a new Development, Subdivision, Street or Building the following processes must be followed: 1. The "Request for naming a Development, Subdivision, Street or Building" form must be submitted to the Addressing Section with the appropriate fee. 2. The Addressing Section will verify the requested names for duplication or overuse. Page 12 of 15 3. The final review and approval of names will be made at the time of submittal to the Collier County Government Zoning Department. In order to eliminate duplications, at the discretion of the Administrative Official, no street, development, community, building or subdivision where signage is used or will eventually be used in marketing, advertising or to identify ownership or geographical location shall bear the same name or an alike sounding name in the unincorporated area of Collier County, except under the following conditions: 1. Similar Sounding names or designations shall be determined using the following parameters: a. Roadways with the same name and having only different prefixes or suffixes shall be allowed to be used only three times with the same "master planned community" and must be contiguous. b. Developments, roadways, and signs that bear the same name, collective phrase or could be considered a duplicate use by the Administrative Official is prohibited, e.g., Coconut Palm Drive, Coconut Palm Lane, East Coconut Palm Street. 2. The major street within a master planned community; subdivision or development may utilize the same name as the development unless it is an overused street name. 3. Registered franchise names. 4. Identical building names and businesses owned by the same owner/entity and offering the identical service in different county locations can utilize the same building name that has been used three times or more. C. At the time of subdivision plat or site development plan approval, street names of both internal and external streets are assigned by the developer and reviewed by the Administrative Official prior to final approval of the subdivision or development plan. Developers should not proceed with printing and advertising activity that utilizes project and street names prior to final approval of such names by the Addressing Section of the Collier County Community Development and Environmental Services (CDES) Division. The Addressing Section shall review the name to avoid duplication and similarity of street names as regulated by this Ordinance and defined above. The Addressing Section also has the responsibility of maintaining street address maps and assigning street numbers. 17C B. I. Development names changes have to be approved by the Addressing Section of Collier County but do not go before the Board of County Commissioners. It is the petitioner's responsibility to notify the property owners of the new development name and county staff to send mailings to agencies with location map, change computer database and files of the new development name. Applicable administrative fees in accordance with Fee Resolution No. 2005-384 (or any successor) are required to be paid for the cost of notification provided to agencies. 2. Requests to rename a unplatted street, both private and public, are made by submitting an application to the Addressing Official Pagel30flS 170 ,; J SECTION FIFTEEN: PROVIDING STREET SIGNS ON RENAMED PUBLIC OR PRIVATE STREETS. It shall be the responsibility of the petitioner to bear the cost of replacing street signs on all public and private streets. In the case of public streets, signs will be replaced by the Collier County Transportation Operations Department following payment of a fee to be determined by the Director of the Transportation Operations Department. In the case of private streets, it shall be the responsibility of the petitioner to provide for the street sign(s) displaying the new name in accordance with the Collier County Land Development Code. SECTION SIXTEEN: APPEAL PROCEDURE. A. The Collier County Board of County Commissioners shall hear and decide appeals from the requirements of this Ordinance when there is a disagreement of an interpretation, requirement, or determination made by the Administrative Official in the enforcement or administration of this Ordinance. Such appeal shall be filed with the Collier County Board of County Commissioners within ten days of the disagreement, decision or determination and the aggrieved person shall furnish a copy of such appeal to the Administrative Official. B. The applicable filing fee in accordance with Fee Resolution No. 2005-384 or its successor resolution is required for each appeal. C. Any person adversely affected by the decision of the Collier County Board of County Commissioners may appeal such decision to the Circuit Court, as provided by law. SECTION SEVENTEEN: ABROGATION AND GREATER RESTRICTIONS. A. This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevai1. B. In the interpretation and application of this Ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State Statutes. SECTION EIGHTEEN: WARNING AND DISCLAIMER OF LIABILITY. The degree of protection required by this Ordinance is considered reasonable for regulatory purposes. This Ordinance shall not create liability on the part of Collier County or by any officer or employee thereof for any damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. SECTION NINETEEN: ENFORCEMENT AND PENALTIES. A. Any person or entity who violates any provision of this Ordinance shall be punished as provided hy law. Page 140f15 17G B. In addition to the criminal penalties provided by law, power is hereby authorized to institute any appropriate action or proceeding including suit for injunctive relief in order to prevent or abate violation of this Ordinance. SECTION TWENTY: REPEAL. Collier County Ordinance No. 2003-14 is hereby repealed in its entirety. SECTION TWENTY -ONE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY-TWO: INCLUSION IN CODE OF LA WS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or an yother appropri ate word. SECTION TWENTY-THREE: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of ,2007. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: JAMES COLETTA, CHAIRMAN By: Approved as to form and legal sufficiency: Page 15of15 17C "1l7: September 24, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34 I 02 Re: ORD. REPEALING ORDINANCE 2003-14 Dear Pam: Please advertise the above referenced notice on Friday, September 28, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O./Account # 113-138932-649100 17C '., NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on October 9, 2007 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE REPEALING ORDINANCE NO. 2003-14, RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF A GRID PATTERN FOR STREET NUMBERING; PROVIDING FOR STATUTORY AUTHORIZATION; PROVIDING FOR FINDINGS OF FACT; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER; PROVIDING FOR EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER; PROVIDING FOR SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER(S); PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER; PROVIDING FOR REQUIRED CONDITIONS FOR NEW CONSTRUCTION OR BUILDING REPAIRS; PROVIDING FOR A PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS; PROVIDING FOR A PROCEDURE FOR CHANGING NON- COMFORMING ADDRESSES; PROVIDING FOR DULY ADVERTISED PUBLIC HEARINGS TO RENAME A STREET; PROVIDING FOR PROCEDURES FOR RENAMING OF DEVELOPMENTS, SUBDIVISIONS, STREETS AND BUILDINGS; PROVIDING FOR PROCEDURES FOR NAMING DEVELOPMENTS, SUBDIVISIONS, STREETS AND BUILDINGS; PROVIDIDNG FOR STREET SIGNS ON RENAMED PUBLIC OR PRIVATE STREETS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING A WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSTION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board willl~ C become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Martha S. Vergara 17C ;" From: Sent: To: Subject: postmaster@collierclerk.com Monday. September 24, 2007 2:25 PM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT165238.txt; Ord. Repealing Ord. 2003-14 1~..1 ~ !'.;......::..J L:.:J ATT165238.txt (2318) Ord. Repealing Ord. 2003.14 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Page 1 of 1 17 n ,:,~ '" 'J Martha S. Vergara From: Perrell, Pam [PPerrell@Naplesnews.com] Sent: Monday, September 24, 2007 2:35 PM To: Martha S. Vergara Subject: RE: Ord. Repealing Ord. 2003-14 OK From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk,com] Posted At: Monday, September 24, 2007 2:25 PM Posted To: Legals - NDN Conversation: Ord. Repealing Ord. 2003-14 Subject: Ord. Repealing Ord. 2003-14 Pam, Here is an ad for you... 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(Sj';il1;llln~ (If llol:1r?i;;lblic) - . !~:'~:t:'i:;} -,'1(,,,,., "',NC'/ EVANS ',:tll'T1rT'liasion DO 6S7000 t'.,:pir.. Jut( \8. 2011 "" """,,~"",,"""I'!Il"..5tJlIINlQ1III)$II- ~ 0110 ORo;;;;C;!i '-I AND ft:.~[~~~~~~. i ~oT1~~~ll\~M.~TT'~ ' CI)NSIClI;~ (lr!DI~,{lNI;E I Nollc~ L'-. 1'I~rr:II}' l-!I';c~' lh~t on (JdrJII,.!, ~, ~l)rJ' I I~ the Elr..;rrl;",!"I',1 ;r( Floor, ^'II:1ir',: ~I r ,.li(~'" 12'/lldJnQ. (';nil;l:r r;I",ll1t:, Go '/('rr'lmile r, : ~:..' n~r~r :nO! E<\5 t T ~J rn ;1 ~ T II i 'f 1';< Il t. .1 1"1 (!:i , F' ~ r II ". I"; (: liQ.~ro cr C<'J1HlI,~ ~>'r;1- ml~~I('n...~~ ,~,,;'I "'1",,-11" tile ~nBctr'l \'/'1'1 {I,' Ij COunty ';)r"hM,'lIl:'.'.TI".~ I n1'1'etlrll,l .....ill r.l.IIT'mllJl1ce .,t !hOO A,M. It\<:> t~~rlJ: ~.f tr'le Drll~<'l"N' IJrrilnM<:'l I:;,ufollnw<:.: tiN oRDrNM'Ir.;I~ ~!i::p[,JlL,'1 I~a ORO!.lJMCE. N'). 2003-14, FlHI\TI'H; TO MANDATl'ifl'r 5n!!;.U NU'-1t1E~INr', Ii. ML $TRlICTUR(;; A~J:1 1 HE E:ST^8'U5IH:!'<(. ,)1" A GRill PATTHN H.lI~ STREET ~'IJMfq;~IN(i; PROVltllNG r~IL~TATI.I.; 1011'( AUTHQRIl...q- ON; PROVltllNr.:. FOP J:INr>'1 INCiS OF fACT; r>!tf.l~III)- ING ^ STATHvIi N', n~ INTENT AND PUflt'(..'~'f; PROVlblNG ",OR r'€HNI- TIOI\IS: PROVlrlINr, FIlii REOU'I'EM'n.I~!-; ~(;':l; I PDST/N.G OF OF~lCI^1 ADOA SS N'JMlilm: r'f?o=: VIOING ~Op. s.:xfMP.' nONS FROM POSTlhlG Qrr-ICIAL oliDDR(~i!', NUM8tR: PROVIf.l:NC,I. FOR SPECIPp';'l\TIDNS ro~ PO.5T~Nr.; OFfIC,lr.L I\oDR8~ NllMl:'lERI,5J: ~~OYIDING FOR IIPPU- CliTION ro~ ~.EW 0.1'1-1 elAI.. ^DORES:j f'llI.....E~R: ~RCVlDIN(j ~!Jfl IH.' , OUIHD CQNl)lTIO,,"S' fOR NEW cOlllsrRuc'1 tlON OR 911IWINGRE- ~^"u: PAO\JI{lIf>10 fQrt ,\ fJROCEDURE PO;t ~5- TMust/ING A UNI~(lI1"" ~RtD NUMDiflINt'! r:Wi-1 iEAN FOR ~~~r~t~""t~r O~ ~,t:lD::!~~.,..,-,- '.'''1 CHAN/ilt or oliODRF..'iS: PROVIDING. fOR,., ?R(1. , CU'IRE fOR CH,'I.~!r-J~t. NON-C(lMFCAMlrlG A'l, : DRIi:SHS: 1',-10'll:1INr, FOR i:lULV ^'''''~PTISr.:() PU8LIC HI:I\JmIGr. HJ RI!!NAUE ^ 5'. ,'~EH; !'li=l('J. 'll'IOIl'/a ~Orr "'rl(H~E DUrlll;:S. ~CI1 ~t.t"Jl,L~~r~1 OF D'iVfLo~MCt-nS, SUBDIVISIONS, SrRI![i:, ANO e\lILOING~i: >'Rf) VIOIN. S;TI'H:Tn IIlljfJ I eUILnINGS: f.q(\',:t:--:r,'l:'; f:JR STRE~r SIGNS ON I 1','/:.I'UMrD f)lJBI.IC OR, FIR/VAn: STRF:ET-;.:; ?RD,' VIDING AN AP"~-^,- CIllO. I CEDUR~: PR{)Vq:II~G FOR ABI!OGA.T'(\') AND m~EATER J;iHRIU!1Jl"s, PROVIDING A WMNIN-d AND DI.sCt,I\I\1(f~ or' liABILITY; J'>RJ\'IDINt> fOR iNFORCF.MI;N'f ANn ~~~ARLeT~nL ~~~'i)lg\~:,: fOR CONFLII;;T ANO ;('J. [,U9ILITV'; NtjVI!:'lt.I(. '"OR INCI U:;TI~IN ll~ CODIi 01= L.Aw:!I ....NO !'.II:' I DINANC[S; AND P"O'J:.", h INQANli:~I<CTlv~r/\i::: I --- REceIVEC' OCT ~ . '1CU? FINANCE PAGE 02/03 17C Copl., Clf th~ iJr(lpo!l~d I Ordlnloel1 tlrt' on tile wit" the ~Itrk to the Baard 3nd are ilvallable far IoApcet:iur. All lntcr- iStea 'i\ttl~ ar. Invltlld to attel'ld and be heill'd_ NOTt: All person, w1~~- Inq to $Deak an any i.111E!f1111\ ittm must regrl1- ter \'IIit" thl' CDLlnty at!, m:nlstMt>:Ir prior to pre- 511l'lta.11nn Of thE' i10enca Item to be ..ddre.u.a, IndJvldl.lallij;lt<lk!rs willi bli! IImlt(Wt ttl S minutes I on an~ i/t;l . T~ selec- tJon 01 o'll"\'ndlvldual to 5j:;>liak en behalf of an orQanl%:l.t1on or Qraup i~' I!ncaUrtl,!)ed,lrrecClO- nl:::tll t>ytht! ChllrmM'j n SpOlltlDenon ror a ~rul./p or Ortliln!2a1iol'l ;y,ay 1I~ LtlOttl!Q IG Min. JI!!.! to $pea!o: en ....~ I tem. P'!r.!ot'1~ Ivll!.hlng to hilve writte" or Itl'i1PflIC m;l:tl!lrla.l!o lm:ludl!d in thl! ~C.!l"d ~'lm1a pack- <:'tli must !lJbmlt si!lld IT'I;;JOOrli1l amll'llmllfTl of 3 'NclI!ks f)rlc. hI the rl!- !,nl!t:tlveplibtiehctl.rlng, ~r~rs C~ar;1~~'To mb~ ,~~~W~:ds~~~~t~atg the aPflrl1p:ri~t. County $t;lffl. mlnltn\At1afse.... en dajlll Ni()r'l:\1 ti'l(l public hl!.&rll\~. All ma. tr6~~ ~;;gr~n t~:'~~'::"c wIll become " ~frma- rilmt PM Ill' till). record. An)' person who d..c1d. ~t; ~ ~;~I ':lIf~l~kl~ ri'!c;ord (l1 th. prQeC:E:d- i1\9:< pert,rnJng 1hcreto :l.\O thl!refor!, i'n.lly nMd ~Q en,ul~ t'I).II~ :1 "I!!rbl.' ~~~dr~g:l: ~~qt:t'Vf~r~; rfCOI'd inCJl,ld",! th~ tNl- tlm~HlY 3nd 4!vldenc.f" upon ...,hieh the i!llp(',~j 15iil~cl, GOARD OF eOu,'nv CQMMIS:SIO~[RS (;rJLLIER COUNty fLO"ICA . J/lM;:~ COI.ElTA, CHAI~. M.I\'" DWIGHT E, !l:ROcll CLE~K " t'iy: Mllrtll'" YerquA. Deput,vClork (S;::Al) soot. 28 -~~ ~ OUT 0 ~_7 FIlilAMtXIZE NAPLES DAILY NEWS Published Dail~ Naples_ FL,... lO] Affidavit of Publication State of Florida County of Collier Beron: till: undersigned they scrv-c as the authority, personally appc<lfcd Phil L~\\i~, who on oulh says that thC)' serve as the Edilorofthe Naples Daily. a daily newspaper published ;It Naples. in Collier (ounLy, Florida~ distributed in Collier :ind L.ee cOllnties of Florida; that the al1achcd copy of the adycrtising. bciug a P_lLBLI<:; l-IQTICE 1ll the matter of PUBLIC NOTICE was published in said ncwsp<lpcr ltilllc in the issLle on, September28th, 2()()7 .\t1ilInl Illl1h~'r ~ays that the .~aid !\'ap1cs Daily :'\icws is a llCwspilfl<:r Jlllhlish<:d ;11 \";lJlk~. in said Collier Count\'. Florida, and that the Said n<:wsrar~r has h<,r~'$'l-<)r<: h<,~n (()l1Iinllousl~' p:lolishcd in said Collier C"lIllt\' I'lorida: di~li'iblll~d ill C()IIi~r and I .c<: t:nulllic~ (,f Florida. ~',I..:h d;l\ and ha!' h':~ll ~llkrcd as 'c(ono d,l,~ lllail n1<llter at the post dHi-.;<;; 111 :\aplcs. III said C\Jllicl ClJunt\, Flonlla, for a period $1' I \-car lK\1 prce.:dinl~ the lir,~l publication oCthe alta\;hcd copy of 1(l\-~11i,',~1l1.:'nL and <llliaJ11 fi111h.:r S:l\S ll1M n" ha~ llcithcr paid nor pnlJlIi,"L'd al\~' pLrSl\ll. linn or c:orp\lratioll all; disLI)Ulll, n:bntc, l.:ol1lmi"ioll or refund for tne purpo,c of'sc..:uring thi~ ..dvcrtiserncllt ror "[JOlll1l th~ s:li c\\'spapcr S,,"orn 10 and subscribed before me This2Xth. D~'_dtcn~er 2007 .~ (Signature of nol;l public) ~c1~Y~r~~~'~~ ~f~~\:ti NANCY EVANS Commission DO 557030 Expires July 18. 2011 "'" ~'JOO\l"1'lI/lJTI~FallIInIurIIOIl~ 0110 8l1.fllCl'f .,ItIlJ... ORb. 2003.14 NOTICE OF INTENT TO CON$IDER ORDINANCE Netlce Is hereby given fhat on October 9, 2007 ... the 80ardrQom, Jrd Floor, Admlnlltratlon Building, Collier County Government Center, 3301, East Tamleml trail ~!l!.les, Florlcla. th1t =d Qf c:llnty Com. r:.e ~~tm~nct'~~de~ County. grdl".nce. . The meellng wtll '""""'_ at 9:00 A.M. .1be.tltlt.'!j1' ::l~Yro~::dDr~ AN ORDINANCE REPEAL- ~G QRDINANCE NO, 003.14. RElATING TO ANDATORY STREET UMBI!RING OF ALL jTRUCTURESANO'THE STA.!L15HINQ OFA RrD PATT!RN FOR TREET NUMBERING; 'ROVJDING FOR.STATU. un~o \lNGSOf"'F:m' . IN"G A STATN 0 IH.TfNTAND -PU OSE; ;ROVIDING FOR; DEFINI' tIONS: PROVIDING fOR J~~~'hE~~HJ~loa~ ADDRESS HUMBER. ",.' PAQ. VIDING _ FOR lXEMP. nONS FROM postiNG OFFICIAL UUE"" NUMBER; PItCVIDOIG 'OR SPECIFU!4TlOJiS 'OR POSTING OHICIAl ADDaESS NUMlttt($};; PROVIDING Foa--m~. CATION FOR NlW:(IF I_ tlAl ADD""....... R, II>>ROVID1NG faftRE' OUfRED CONOITIONS F.'OR NEW CONSTRUC- TION OR BUILDING .RE- PAIRS; PROvtDlNG. FOR A PROCEDUR~ FOR ES' TASUSHINq' A "UNIFORM (lRID NUMBfRt-.NG PAT- TERN FOR ASS1~MENT OF ADDREn.. :OR CHANGE OFADORfSS; PROVIDING FOR. 4".0-'- tEDURE FOR CHANGIIlfG NON.COMFORMINO "D~ QRESSES;PR.OVIDING FORDUL Y ADVERTISED PUBLIC HEARINGS TO RENAME A STREET: PRO. VIDING FOR PROCE. DURO FORi.-R[NAMINQ CH,OlV&I;:'OPMUns, lUBDIVISIONS, STREETS DI:~IV~:G~k6~~: RES FOR NAMING_ DE. '~,f~~i}~~~~~1 S 1 N5 ON R NAMED PUBLIC OR FlRIVATE STREETS: PRO. VIDING AN APPEAL PRO- CEOUIU; _PROVIDING P<i~ AIROGATtON AND ORtAT!A'ADTRICTIOfriS': PROVIDING A WARNING AND DISCLAIMER OF kb\B~lJik:~~~{D~g ~~.''i:.'6~~' .'comiCT'AHD)5fV.. .,,,I:tY: "PROV1DJNQ OR'-IIft'C,LUSTIOtll IN =~W. 17C ~, .~~... hi. 'I. ~~::tt~ ~~:t~ed tolon: "" pfrsorlS w1s~. ;nl~w~i!: "t:~,= I vidual speQars will limited to' 5 minutes .tRy II;tlti'i The selec. "an, IlvI aHCt ,of' . lifIeouraved.-recog- ntzed by the, Chalrm&n. .il; spOkesperson for a gr()UP or organIzation may be allotted 10 mIn. utes to speak on an I~m. f'~rsons wishIng to ..,... w,ltten or .""h~ .....,,.,, I.."'ij,~ In tn. Boltd .~P!ldt. eb must'submlt JI.J.d _~,.'mlrnmumof3 wnk. ,prior tQ: the reo spectlv.':,pUClIlc! hfarlng. In......... _ m.. terlal-Slntended -to, be __ by", 10"" shall be submitted to i~ffagPJ,~g= ~~~~' en daYI prior to the public hearing. All ma. terial Uled 'In. prelenta. Uons befGre the !loud wilt bKOme apt.rma- ~nt pert of'" reconI, My person Who. decld. e'-to appeal a decision of the lkiard will need a record of the proceed- ~. pertalnlnll thereto thertfore.may- need t.. ensure that a 'ferba- tl)1J record (If the pro- cNdlngs Is made which r,cord Indudes the tes. _ tl-mony and evIdence ~~~hlch the appeal ."D~~OWrl .~-ttm-v;-- lAMES -COLETTA,CHAIR" ~HTE. B,~OCK. B~. ;Martha Vergara, ~'fr~~ stllt.21 ""....W_: OF ADDRESSES OR CHANGE OF ,AD1JR!SS; PROVIDING FOIt,A _1'tlO~ ~ _ _ _ _ _ CEDURE FOA CHANGINO NON-COMFORMtNG AD- D'RESSES: PRQVIDING FbR DULY ADVERTISED P)JBl.IC HEARINGS TO RENAME A STRiET:, PRO- VIDING FOR PROCE- DURES FOR RENAMtMG OoF" DEVUOPfilEH1'S~ SUBDIVISIONS. STREETS AND BUILDINGSk PRO. , .VOUlDRE' NS GF^~ ONRA P, DC DEE '1 ...... MNo . VELOPMEHTS SUBDIVI- S'ONS. STR.~ETS AND B~'LDINGS; POOVID'DNG FOR STREET SIGNS ON RENAME.D PUBLIC OR PRIVATE STREETS; PRO. vlDlNa AN APPEAL PRO- CEPUU: PB'OVIDING, FOR ABROGATION AND GREATER RESTRICTIONS: PROVIDING A WARNING AND DISCl.AIMER OF ~~Bb~lJ~cr~~~{D~g P8NAL T'Ui PROV1~\ll8 ~O~ ~NFuiY'~IIlDSIV' ERA:BfU'fY: PA:OVJDIlIIG fOR INCLUSTION IN ;~~:ml~jo~ I. COp'les ~ t~, prooOled Ordinance are on 'fife with the Clerk,tD _the Board and are llvallable klr Inspec:tlon.' All Inter. e5ted P4tt1es are invited to _..... be hew, NOTE: All persons wish- Ing to speak an any __ _ must reglS. ter with. the County ,ad- roinistratorrrlor,to ""'" .....lIOn 0 the..... Item. tet ~e addressed. lnd1vldual. .5pea$<ers: will be lIi'l'lftJd. to 5 mtnutes on . any ftem, . The' setec- th;m of an Indlvldual,to' speak an ,behalf 01.., .......'..Hon ",group Is encouraged. If recow" nl%et1 by the Chairman, a,spokesperson fDr a g~DUp Dr argl\nlzatlon may be allotted 10 min- utes to' speak an an ~em, , . ~ ~ ~ ~ ~ _ _ _ _ _ _ _ + _ _ _ ~ _ _ _ ~ _ ~ ~ ~ ~ ~ ~ _ _ _ _ _ _ _ _ _ Persons wishing to. have written ar graphic , m'aterlal.s Includep In tl'leBOOI'dllQfl1do_' ats must submlt..ld ....terlal a minimum Of 3 weeks prlar to' the re- spective ,public hearing. In any ..... wrltlOn ma. tarlals Intended to be considered by 'the !Soard shall be submitted to. the appropriate county staff a ri\lnlmum af sev- en days pJlor to the publlchearlng';---An ,ma- terial used In Presenta- tions before the BDard will beeome.a perma- nent part 01 the record. AllY perso.n who. decid- es to. appeal a decision af, the BDard will need a reeard af the proceed. lngs pertaining thereto. aoo therefore. may need to. ensure that a verila- tlm record o.f the pro- ceedlngs Is made which record Includes the tes- timony and evidence upan which the appeal Is ~ased. BOARD OF COUNTY COMMISSIONERS CO-LLU:A COUNTY, FLORIDA JAMES COLETTA, CHAIR- MAN , DWIGHT E. BR'OCK. CLERK By: . Martha Vergara, Deputy Cler\( (SEAl) Sect. 28 ND.1617t5S Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE, 001230 59436392 11313 8 932 64 91 0 0 ORD, 2003-14NOTICE 0 State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vlce President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed_ Aff~ant further says that the said Naples Daily News,ls a newspaper published at Naples, in said Colller COU!1ty, Flcrida f and that r_he said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON; 09/28 09/28 AD SPACE, FILED ON; 175.000 INCH 09/28/07 17C .+ -- 0110 __ -,....- i i.'A.... '" , ." I t.1l" Signature of Affiant Sworn to and Subscribed before me Personally known by me thi s }I /} day of ~~ 'iliiiPli,~ NANCY EVANS ~i:"'f~ ~mml8sion DD 657030 " .', I[x Iros July 18, 2011 ~" =fftI\lTf'QYFAi~InI!llllllCe800.385-7019 , " ORD.2003-14 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that an October 9, 2001 In the Boardraom, 3rd Floor, Admlnlstratlan Building, Colller Caunty Qavernment Center, 3301" East Tamlaml Trail, "aples, Florida, the Soard of Caunty Com- mlsslaners will consider the enactment of a County Ordinance. .' The meeting 'NUl c~. at 9:00 A.M. TtiiIItltll-af the proposedOr.dlnance Is as follows: AN ORDINANCE REPEAL. ING OADINANCENO, 2<103.14,RELATINO TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF'A GRID PATTERN FOR STREET NUMBERING; PROVIDING FOR STATU- WRY AUTHORIZATION; PROVIDING F&A- -FUrID. INOS OF FACTLe:AOVlO- ING A STATe::...NT,bF INTENT AND PURPOSE; PftOVIDING FOR'OEFINI. TIONS'l PRovl[HNG fOR REO,U REMENTSFOR POSTING OF OFfiCIAL. ADDRESS NUMBER' PRo- "'DI'NG FOR'"IE~EM-P- T.IONS FROM POSTING OffiCIAL A,QORtSS N-UMBERj PROVIDING FOR SPECIFICATIONS FOR POSTlNGOF'FlttAL ADDRESS NUhlBEIt(S)1 PROVIDING FOR AP'LI.. CATION FOR NEW;Of'FI. C1AL ADDRESS' NUMBER; P'ROYIDING F'OR IE. Q_UIREDCONOl'rtO. NS FOR NEW CONSTIWC. TlON OR BUIL~NG RE. PAIRS; PROVI. GFOR A PROCEDURFOR ES. TABLtsH1NG A UNIFORM GRID NUMBERING PAT- TERN FOR ASSI,GNh.1ENT l?C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed Touting slip and original documents are to be forwarded to the Board Otlice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates. and/or information needed. If the document is already complete with the eXCf'ntion of the Chainnan's signature, draw a line throuQ:h routinJZ: lines #1 throuoh #4, comnlete the checklist, and forward to Sue Filson (line #5'- Route to Addressee(s) Office Initials Date (List in routino ord~\ l. fv\ o.V Itv'"l(, S-k.vJCA.d- CDES- .MMiflisttat1'ol1 rn~ 10-(0-07 , 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing information. All original documents needing the BeC Chainnan's signature are to be delivered to the BeC office only after the BeC has acted to approve the item.) Name ofprimary Staff '3 a. VV\ I .e FI"-e n ch Phone Number ~'Sg -S7/7 Contact Agenda Date Item was Oc.J-o lo-ev- q I 2-001 Agenda Item Number 17 C Aooroved bv the BCC Type of Document Ord..inGU'lCe Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes colUIlUl or mark "N/ A" in the Not Applicable colUIlUl, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The doeument was approved by tbe BCC on 10 'I 0 (enter date) and all changes made during tbe meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a lieable. j'f= NA f" J~ o 2. 3. 4. 5. 6. ::JP I: FonnsJ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 - .. ....~-_.._~~-~---,~,~,,-.~- ,--",-,"...",,---~."~~-~,._~'~.,"~.,,~-,--~"_..,,""-_...'='~-----~-"~.~..^,-- 17C MEMORANDUM Date: October 22, 2007 To: James French, CDES Operations Manager From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2007-62 Enclosed please find one copy of the document, as referenced above, (Agenda Item #17C), which was approved by the Board of County Commissioners on Tuesday, October 9, 2007. If you should have any questions, please call 774-8411. Thank you. Enclosure MEMORANDUM Date: October 22, 2007 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2007-62 Attached, please find one (1) copy of the document referenced above (Agenda Item #17C), as approved by the Board of County Commissioners on Tuesday October 9, 2007. If you should have any questions, please call me at 774-8411. Thank you. Enclosure 17C l?C 'J ORDINANCE NO 07- ~ AN ORDINANCE REPEALING ORDINANCE NO. 2003-14, RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF A GRID PATTERN FOR STREET NUMBERING; PROVIDING FOR STATUTORY AUTHORIZATION; PROVIDING FOR FINDINGS OF FACT; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER; PROVIDING FOR EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER; PROVIDING FOR SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER(S); PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER; PROVIDING FOR REQUIRED CONDITIONS FOR NEW CONSTRUCTION OR BUILDING REPAIRS; PROVIDING FOR A PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS; PROVIDING FOR A PROCEDURE FOR CHANGING NON- CONFORMING ADDRESSES; PROVIDING FOR DULY ADVERTISED PUBLIC HEARINGS TO RENAME A STREET; PROVIDING FOR PROCEDURES FOR RE-NAMING OF DEVELOPMENTS, SUBDIVISIONS, STREETS AND BUILDINGS; PROVIDING FOR PROCEDURES FOR NAMING DEVELOPMENTS, SUBDIVISIONS, STREETS AND BUILDINGS; PROVIDING FOR STREET SIGNS ON RENAMED PUBLIC OR PRIVATE STREETS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING A WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EI<'FECTIVE DATE. WHEREAS, the regulated assignment of addresses and the avoidance in duplication of development names will provide for more efficient response in the arrival of emergency vehicles such as police, fire and ambulance; and WHEREAS, Collier County has implemented the Enhanced 9-1-1 System and incorrect addresses delay response times for emergency vehicles; and WHEREAS, the lack of properly numbered structures may result in the misrouting of delivery vehicles, mail, carrier, and home delivery vehicles; and WHEREAS, the lack of properly numbered structures may result in unnecessary inconvenience, discomfort and driving for persons unfamiliar with the County; and WHEREAS, Section 336.05, Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads; and WHEREAS, Sections 10.02.04 A.3.b. and 6.06.01.Q.2. of Collier County Land Development Code require that no street, building, subdivision or development shall duplicate the name of any other street building, development or subdivision in the unincorporated area of Collier County; and WHEREAS, duplication of names of developments, buildings, streets and subdivisions not only causes confusion to the general public but can be a threat to public safety and public safety services. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Page I of 15 SECTION ONE: STATUTORY AUTHORIZATION. 17C The legislature of the State of Florida has, in Chapter 125, Florida Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. SECTION TWO: FINDINGS OF FACT. The Board of County Commissioners of Collier County, Florida, after a public hearing with due public notice, has determined that the public health, safety, comfort, good order, convenience, and general welfare would best be served by the exercise of the power granted to said Board by said Chapter 125, Florida Statutes, and the adoption of this Ordinance. SECTION THREE: STATEMENT OF INTENT AND PURPOSE. It is the intent and purpose of this Ordinance to promote the public health, safety and general welfare of the citizens and persons in Collier County, Florida by requiring the posting of official address numbers on principal or accessory structures, establishing a procedure for numbering and renumbering developments and procedures for naming, renaming and monitoring street names in the unincorporated areas of Collier County for the purpose of providing emergency services such as fire, police, and ambulance; to facilitate delivery of mail, official notices, goods and merchandise; and assist in locating various points of interest throughout the county. SECTION FOUR: DEFINITIONS. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. A. Accessory structure: An accessory structure IS a structure of nature customarily incidental and subordinate to the principal structure and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot under the same ownership. B. Administrative official: The County Manager or his Designee is hereby designated as the Administrative Official and shall be responsible for the implementation and enforcement of this Ordinance. C. Auxiliary Official Address Number: An Official Address Number used to identify an accessory structure, a mobile home or recreational vehicle within a mobile home rental park or recreational vehicle park, an apartment or condominium unit, individual units within a commercial site, or any other structure which has been determined by the Administrative Official to require an auxiliary official address. D. Development: The act, process or result of placing buildings/and or structures on a lot or parcel of land. E. Emergency service: Means, but is not to be limited to fire and police protection, ambulance service and the delivery of medical services by a physician. Page 2 of 15 l? GI f. F. Grid: A pattern of lines, governed by a point of origin, on a map of Collier County to identify reference points for the assigning of addresses. G. Lot: For purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet the minimum requirements of the zoning district in which it is located, for use, coverage, and area, and to provide such yards and other open spaces as are required. Such lot shall have frontage on a public street or on an approved private street and may consist of: (I) A single lot of record; (2) A portion of a lot of record; (3) A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or (4) A parcel of land described by metes and bounds. H. Master planned community: A master planned community is a plan of development for an area of land in which all of its geographic parts are joined together by a system of streets which in turn share common access to the county's major street system. Characteristics include common recreation amenities, common open space and a master property owners association. I. Occupant: Any person, association, partnership, trust, organization or corporation, other than the owner, who is occupying or leasing the principal or accessory structure for a period exceeding 30 days. J. Official address number: The official identification number assigned to a principal or accessory structure by the Administrative Official for the purpose of providing its expeditious location. K. Owner: Any and all persons, partnerships, trusts, organizations or corporations which own the fee title to the property upon which a principal structure or accessory structure is located. L. Principal structure: The structure which serves as the principal use permitted In the zoning district within which it is located. M. Private street: Thoroughfare, used for vehicular traffic, which affords the principal means of access to abutting properties, used exclusively for the residents therein. N. Public street: Right-of-way either paved or unpaved, which is intended for vehicular traffic. O. Neighborhood Informational Meeting: A meeting to provide the public with general information pertaining to the changing of address numbers or street names; usually for ten (10) or more properties. SECTION FIVE: REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER. A. The owner or occupant of a lot upon which a structure is located shall post an Official Address Number on the principal or accessory structure located on said lot, in accordance with the requirements of this Ordinance or within 90 days of the notification of the address change as provided in Section Eleven. Page 3 of 15 71 - Ji,IL ; B. In addition to posting the Official Address Number on the principal or accessory structure, it shall also post the Official Address Number on the seawall, on the end of a dock or pier or on the boathouse, in accordance with this Ordinance. C. Official Address Numbers and/or the rangc of Official Address Numbers shall be posted within the upper third or in the area defined in Section 5.06.00 of the Land Development Code of commercial and residential sign age that utilizes the following sign types: pole sign, ground sign and directory signs. SECTION SIX: EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER. A. Unimproved lots upon which no structures are located, with the exception of those legal nonconforming waterfront lots for which a Conditional Use has been granted allowing the construction of a boat dock facility; such lots must post a sign showing the street address number facing and visible from the road right-of-way as demonstrated in Exhibit 4. B. The Administrative Official may grant an exception to the requirements of Section Five and Seven, after application for an exception by the owner and a determination by the Administrative Official that one of the following may apply: I. The architectural design is such that strict enforcement will interfere with the function and utility of the architectural theme of the structure. 2. In the case of multi-residential structures, mobile homes and recreational vehicles, strict compliance is not reasonably possible due to the arrangement, number and location of units involved. Reference Exhibits I and 2. 3. Where unusual conditions exist or where the literal interpretation of Section Five or Seven will create a hardship, the Administrative Official may deviate from the specifications of Section Five or Seven provided such deviation will not circumvent the intent and purpose of this Ordinance. In the granting of an exception, the Administrative Official may specify conditions and specifications upon which exception is granted. SECTION SEVEN: SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER(S). A. Official Address Number(s): I. One and two-family structures shall have Official Address Numbers In Arabic design and have a minimum height of four (4) inches. 2. All other new structures shall have numbers of Arabic design and a mimmum height of six inches. Existing buildings, other than one and two-family structures, shall have address numbers that comply with the six-inch minimum height and all other specifications of this section. Numbers shall be mounted in a secure fashion to the structure's front wall or other fixed appurtenance in the front of the structure within five (5) feet of the main entryway or main path of travel which leads to the main entrance from a public or private street or shall be otherwise Page 4 of 15 17C .,' separately mounted in a manner upon the face of a wall or fence or upon a post in the front yard of the property. 3. Numbers for all structures shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (i5) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least 20/40 vision if he views the numbers from the center line of the abutting street. The numbers shall be placed so that trees, shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. 4. Wherever practicable and in accordance with these specifications, the Official Address Number on all structures shall be placed as close to a light source as possible in order to make it more visible at night. If not near a light source, the number shall be made of reflective material. 5. Address Numbers on signs must comply with the Collier County Land Development Code Section 5.06.00. B. Apartment Buildings: In the case of an apartment building which contains a series of individual apartment units within a principal apartment building, the following shall apply: (1) The principal apartment building shall be considered as the principal structure and shall be numbered in accordance with Section Five and Seven, A, above. (2) In addition to the Official Address Number of the main apartment building, when the building does not have an uniquely assigned address number, such number shall include a by-line indicating the Official Address Number range of the apartment unites) within the apartment building. Unit number shall be displayed using numbers no less than four (4) inches in height and the principal address numbers shall be no less than six (6) inches in height and shall be indicated as demonstrated in Exhibit I. e. Mobile Home and Recreational Parks: In the case of a mobile home park or recreational vehicle park, the park and the lots within the park shall be numbered as follows: I. The mobile home park or recreational vehicle park shall be considered as the principal structure and shall be numbered in accordance with Sections Five and Seven, A, above. 2. In addition to the Official Address Number of the mobile home or recreational vehicle park, each lot located within the park shall be given an auxiliary Official Address Number which shall be indicated as demonstrated in Exhibit 2. D. Private Entryway: In instances where a main entryway of a structure(s) is not clearly visible from a public or private street, the owner shall be required, in addition to the requirements of Section Five and Section Seven, to post the Official Address Number and/or Official Address Number range in a conspicuous place within ten (10) feet of the point of intersection of the driveway serving the structure(s) and the right-of-way of the Page 5 of 15 17v public street or the easement line of a private street as the case may apply, as demonstrated in Exhibit 3. E. Mailbox Numbers: Wherever required by law that the Official Address Number be placed on a mailbox in order to receive U.S. Mai], the owner shall be required to post the Official Address Number on both sides of the mailbox using numbers no less than three (3) inches in height or if on the top of the mailbox, numbers no less than two (2) inches in height; in addition to the Official Address Number on the principal or accessory structure as required in this Ordinance. F. Numbering of Waterfront Property: In the case of a waterfront lot, (see also Section 6.A, above), the owner shall be required to post the Official Address Number on the seawall, the end of the pier or dock, or on the Owner's boathouse according to the following specifications: I. Official Address Number(s) shall be Arabic in design and have minimum height of six inches. Such numbers shall be mounted in a secure fashion on the waterside of the structure so as to be clearly visible by passing boat operators using the abutting waterway. 2. Official Address Numbers shall be mounted at a height between four feet and ten feet above the abutting waterway as measured from the National Geodetic Vertical Datum. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least 20/40 vision if he views the numbers from within ]00 feet on the abutting waterway. The numbers shall be so placed that other obstructions do not block the line of sight of the numbers from the abutting waterway. 3. It shall be required that al] Official Address Numbers be placed close to a light source or made of reflective materials so as to be visible at night by the operator of a passing boat or by shining a flashlight on the number. G. Commercial Structures, or Mu]tifamily Structure: I. Buildings with three (3) or more dwelling units, having a rear access roadway or alleyway, rear entry doors into the units/suites shall be marked as follows: a. Unit and suite numbers on structures shall be Arabic in design and have a minimum height of four (4) inches. Such numbers shall be mounted in a secure fashion to the unit or suite rear entrance door or other fixed appurtenance in the front of the door within five (5) feet of the rear entryway or main path of travel which leads to the rear entrance from the rear access roadway or alleyway or shall be otherwise separately mounted immediately adjacent to the rear access entrance door on the structure wall. b. Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (15) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, Page 6 of 15 17C "!ll. .if size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least 20/40 vision if he views the numbers from the centerline of the abutting roadway or alleyway, The numbers shall be so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. c. Wherever practicable and in accordance with these specifications, the unit or suite number shall be placed as close to a light sourcc as possible in order to makc it more visible at night. If not near a light source, the number shall be made of reflecti ve material. d. Official Addrcss Number or numbers shall be mounted to the sign face, be a part of the sign copy, or be mounted to the sign structure. This area shall be free of obstructions so that the line of sight of the numbers is visible from the center of the street and should refer to Section 5.06.00 of the Land Dcvelopment Code for signs. SECTION EIGHT: APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER. Any residential property requiring a new Official Address Number shall be applied for with the Administrative Official. In order to havc an address assigned to a residential property, the applicant must provide a legal description of the subject property to the Administrative Official. In order to have an address assigned to a commercial property, the applicant shall provide an approved site plan to the Administrative Official. SECTION NINE: REQUIRED CONDITIONS FOR NEW CONSTRUCTION OR BUILDING REPAIRS. All new construction or building repairs requiring a county building permit shall comply with the requirements of this Ordinance prior to the final structural inspection or final building repair inspection by the inspections section of Collier County's Building Review and Permitting Department. A Certificate of Occupancy shall not be issued until it has been verified by the Administrative Official that the building has been properly addressed. SECTION TEN: PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS. A. The following Grids are established in Collier County for thc assigning of addresses to structures: I. City of Naples Grid: A pattern of intersecting lines running north/south and east/west. The point of origin for this grid shall be Central A venue and the Gulf of Mexico in the City of Naples with lines running east/west and north/south of point of origin. The interval of lines shall continue: North to the Collier County line; Page 7 of 15 17C South to the Gulf of Mexico excluding Marco Island; and East to 1-75 and Airport Road North & South. 2. Area of Golden Gate Grid: A pattern of intersecting lines running north/south and east/west. The point of origin for this grid shall start at Wilson Boulevard and Golden Gate Boulevard. The interval of lines shall continue: North to the Collier County line and S.R. 858; South to the Gulf of Mexico; East to the Collier County line; and West to 1-75 and C.R.lS.R. 951/Collier Boulevard. 3. Area of Marco Island Grid: A pattern of intersecting lines running north/south and east/west with the point of origin beginning at San Marco Road (S.R. 92) and the Gulf of Mexico. This grid shall encompass all of Marco Island. 4. Area of Immokalee Grid: A pattern of intersecting lines running north/south and east/west with the point of origin starting at Main Street (S.R. 29) and First Street (S.R. 846). The interval of lines shall continue: North to the Collier County line; South to Oil Well Road (S.R. 858) and Immokalee Road (S.R. 846); West to the Collier County line, east line of Range 27 and Oil Well Grade Road; and East to the Collier County line. B. Odd numbers will be assigned to the buildings on the north and west sides of the public or private streets, even numbers will be assigned to the buildings on the south and east side of the public or private street. C. The assignment of numbers on corner lots shall be determined from the public or private street on which frontal access to the building is obtained unless unique and unusual circumstances exist as determined by the Administrative Official. D. In cases in which the public or private street runs both north/south and east/west, the grid direction shall be determined by the predominant proportional length of the public or private street. E. Main arterials which pass through more than one grid shall not have more than one addressing system. F. Where more than two units exist within a building, the entire building shall have a principal number with an auxiliary Official Address Number for each individual unit, unless it is more reasonable or practical to assign Official Address Numbers to each unit. G. The Administrative Official shall at his discretion, relinquish precedence of the specified grid system in cases where it would be more reasonable or practical to assign a street address based on a numbering system used by a municipality or subdivision. Page80fl5 J.7C SECTION ELEVEN: PROCEDURE ADDRESSES. A. Where the existing building number does not conform to the requirements provided for by this Ordinance, the Administrative Official shall provide a "change of address notice" to the Owner of the building. A building number shall be considered non-conforming if it does not conform with the grid numbering system established by this Ordinance, if the number is out of sequence with other numbers on the street, or if an odd or even number is on the wrong side of the street. B. A neighborhood information meeting is not required when changing addresses for less than ten properties. The Administrative Official shall notify the owner of each property and all appropriate government agencies of the address change through the use of a "Change of Address Notice" sent by U.S. Mail. Residents have 90 days to change to the correct address. A copy of the "Change of Address Notice" shall be kept on file in the Addressing Section of the Collier County Community Development Environmental Services (CDES) Division. Within ninety (90) days from the date of the "Change of Address Notice," the Owner or Occupant of the property shall conform to the address approved. The "Change of Address Notice" shall contain the following: I. The correct address number, previous number and requirement that the property Owner or Occupant post the number in accordance with the requirements of this Ordinance within ninety (90) days from the date of the Notice. 2. The name of the property owner and legal description. 3. The date of the notice. C. Public notification process when changing addresses for ten or more properties: The Administrative Official shall conduct at least one neighborhood informational meeting in addition to the above written notice requirements. This meeting shall be held 30 days prior to the "Change of Address Notice" being mailed. The location of the neighborhood informational meeting should be reasonably convenient to those property owners who are required to receive notice and the facilities shall be of sufficient size to accommodate expected attendance. The Administrative Official shall initiate an advertisement, in type no smaller than 12 point and said advertisement shall be placed in the local or community section of the newspaper. The advertisement shall state the purpose, location, and time of thc meeting and shall be placed with a newspaper of general circulation in the county at least seven days prior to the neighborhood informational meeting. FOR CHANGING NON-CONFORMING SECTION TWELVE: DULY ADVERTISED PUBLIC HEARING TO RENAME A STREET. Pursuant to Section 336.05, Florida Statutes, the Board of County Commissioners is authorized to rename streets and roadways in the unincorporated areas of the County. A duly advertised public hearing, and a super-majority vote of at least four affirmative votes, shall be required to effectuate the renaming of the street or roadway. However, State roads lying in the Page 9 of 15 J.7C unincorporated areas of Collier County are numbered by the Florida Department of Transportation (FOOT). A. Public notification process when renaming streets or roadways: I. Public notification process when renaming platted streets or roadways where the change is initiated by the County. The County shall conduct a least one neighborhood informational meeting. This meeting shall be held 30 days prior to changing of the roadway and the County is required to install street signs. The location of the neighborhood informational meeting should be reasonably convenient to those property owners affected by the renaming of the street and the facilities shall be of sufficient size to accommodate expected attendance. The County shall cause a display advertisement, in type no smaller that 12 point and said advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall state the purpose, location, and time of the meeting and shall be placed with a newspaper of general circulation in the county at least seven days prior to the neighborhood informational meeting. 2. Public notification process when renaming platted streets or roadways where the change is initiated by a private individual. The applicant shall be responsible for conducting at least one neighborhood informational meeting. This meeting shall be held 30 days prior to changing of the roadway and the petitioner is required to install street signs. The location of the neighborhood information meeting should be reasonably convenient to those property owners affected by the renaming of the street and the facilities shall be of sufficient size to accommodate expected attendance. The applicant shall cause a display advertisement, in type no smaller than 12 point and said advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall state thc purpose, location, and time of the meeting and shall be placed with a newspaper of general circulation in the county at least seven days prior to the neighborhood informational meeting. 3. Notification for unplatted streets and roadways: The Administrative Official shall conduct at least one neighborhood informational meeting if the name change involves more than 10 property owners and is not required to go before the Board of County Commissioners. This meeting shall be held 30 days prior to changing of the roadway and the petitioner is required to install street signs. The location of the neighborhood informational meeting should be reasonably convenient to those property owners affected by the renaming of the street and the facilities shall be of sufficient size to accommodate expected attendance. The Administrative Official shall cause a display advertisement, in type no smaller than 12 point and said advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall state the purpose, location, and time of the meeting and shall be placed with a newspaper Page 10 of 15 17C of general circulation in the county at least seven days prior to the neighborhood informational meeting. SECTION THIRTEEN: PROCEDURES FOR RE-NAMING OF DEVELOPMENTS, SUBDIVISIONS, STREETS AND BUILDINGS. A. A street can be renamed by one of the following three methods: I. Renaming plattcd and unplatted streets by Petition: a. Applicant must first verify with the Addressing Section of the Collier County CDES Operations Department that the proposed street name is not a duplication. b. A petition signed by sixty-six percent of all of the property owners abutting the street to be renamed may be submitted to the Administrative Official with the necessary application, site plan of the street to be renamed and a list of all property owners abutting the street to be renamed. [n the event that more than one property is owned by the same entity, each such property shall represent a separate signature, to be counted against the required percentage. The application shall include: (I) the petitioner's name, address and telephone number; (2) a legal description or location of the street; (3) the present street name; and (4) the reason for requesting name change. Applicable administrative fees in accordance with Fee Resolution No. 2005-384 or its successor Resolution are required to be paid for the cost of notifying each abutting property owner of the proposed street name change. 2. Renaming of streets where duplicate names exist or one will be created because of changes to the Transportation System: a. The Transportation Administrator or his designee may submit an application to the Board of County Commissioners for a street name change where the public health, safety and general welfare would be affected thereby. 3. Street renaming by Board of County Commissioners: a. The Board of County Commissioners may request a change of street name at any time after notice by publication and a public hearing. B. The Administrative Official shall determine whether the proposed street name IS a duplicate of any existing street name. Upon submittal of a public petition, application or request for street renaming, the Administrative Official shall determine if the proposed name is in conflict with any existing street name and verify the ownership of the property owner(s) requesting the street name. In determining if the proposed name is in conflict with existing street names, and if the request involves a Transportation Project, the Administrative Official shall confer with the Transportation Administrator to review the name change for duplication, assimilation, confusion or repetition. C. Upon reasonable review of the platted street name petition, application or request for the renaming of a street, County staff will schedule a public hearing before the Board of Page II of 15 l7C County Commissioners, notify the property owners abutting the street of the proposed street name change, and make a recommendation to the County Manager's Office. D. Notification of a public hearing before the Board of County Commissioners shall be given to abutting property owners fifteen (15) days prior to the public hearing. After a duly advertised public hearing and upon the Board of County Commissioners' approval, the Administrative Official will notify all appropriate governmental agencies and property owners abutting the street being renamed. E. The Addressing Section has the responsibility of maintaining street address maps and assigning street numbers. F. Unplatted street name changes have the same criteria as platted street name changes but are not required to go before the Board of County Commissioners and are administratively changed by the Collier County Addressing Section. G. Procedure for changing or renaming a development, subdivision or building: 1. A development, subdivision or building can be renamed by a property owner or developer with approval from the Addressing Section as long as the name is not duplicated or an overused name. The Addressing Section has the authority to approve a renaming request. 2. A "Development name change" application form must be completed and contain the following: Address checklist Location map Any addresses in the development or subdivision A cover letter stating the reason for the change with a fee according to Fee Resolution No. 2005-384 (or any successor) is required. 3. The approved name is changed in the computer database files and a letter of approval for the name change is sent to the petitioner and the appropriate agencies stating the old name, new name, legal description and addresses within the development or subdivision affected by the change. 4. An appeal shall be filed with the Collier County Board of County Commissioners within ten (10) days of the disagreement, decision or determination and the aggrieved person shall furnish a copy of such appeal to the Administrative Official. The applicable filing fee in accordance with Fee Resolution No 2005- 384 or its successor resolution is required for each appeal. SECTION FOURTEEN: PROCEDURES FOR NAMING DEVELOPMENTS, SUBDIVISIONS, STREETS AND BUILDINGS. A. When requesting a name for a new Development, Subdivision, Street or Building the following processes must be followed: I. The "Request for naming a Development, Subdivision, Street or Building" form must be submitted to the Addressing Section with the appropriate fee. 2. The Addressing Section will verify the requested names for duplication or overuse. Page 12 of 15 1 "' ? '," to, ( L ' . v 3. The final review and approval of names will be made at the time of submittal to the Collier County Government Zoning Department. B. In order to eliminate duplications, at the discretion of the Administrative Official, no street, development, community, building or subdivision where signage is used or will eventually be used in marketing, advertising or to identify ownership or geographical location shall bear the same name or an alike sounding name in the unincorporated area of Collier County, except under the following conditions: 1. Similar Sounding names or designations shall be determined using the following parameters: a. Roadways with the same name and having only different prefixes or suffixes shall be allowed to be used only three times within the same "master planned community" and must be contiguous. b. Only five (5) variations of roadways with the same name having only different prefixes or suffixes shall be permitted within unincorporated Collier County. c. Developments and signs used in marketing or advertising ownership related to developments, bearing the same name, collective phrase or could be considered a duplicate use by the Administrative Official is prohibited. 2. The major street within a master planned community; subdivision or development may utilize the same name as the development unless it is an overused street name. 3. Registered franchise names. 4. Identical building names and businesses owned by the same owner/entity and offering the identical service in different county locations can utilize the same building name that has been used three times or more. C. At the time of subdivision plat or site development plan approval, street names of both internal and external streets are assigned by the developer and reviewed by the Administrative Official prior to final approval of the subdivision or development plan. Developers should not proceed with printing and advertising activity that utilizes project and street names prior to final approval of such names by the Addressing Section of the Collier County Community Development and Environmental Services (CDES) Division. The Addressing Section shall review the name to avoid duplication and similarity of street names as regulated by this Ordinance and defined above. The Addressing Section also has the responsibility of maintaining street address maps and assigning street numbers. I. Development names changes have to be approved by the Addressing Section of Collier County but do not go before the Board of County Commissioners. It is the petitioner's responsibility to notify the property owners of the new development name and county staff to send mailings to agencies with location map, change computer database and files of the new development name. Applicable Page 13 of 15 17C administrative fees in accordance with Fee Resolution No. 2005-384 (or any successor) are required to be paid for the cost of notification provided to agencies. 2. Requests to rename a unplatted street, both private and public, are made by submitting an application to the Addressing Official SECTION FIFTEEN: PROVIDING STREET SIGNS ON RENAMED PUBLIC OR PRIVATE STREETS. It shall be the responsibility of the petitioner to bear the cost of replacing street signs on all public and private streets. In the case of public streets, signs will be replaced by the Collier County Transportation Operations Department following payment of a fee to be determined by the Director of the Transportation Operations Department. In the case of private streets, it shall be the responsibility of the petitioner to provide for the street sign(s) displaying the new name in accordance with the Collier County Land Development Code. SECTION SIXTEEN: APPEAL PROCEDURE. A. The Collier County Board of County Commissioners shall hear and decide appeals from thc requirements of this Ordinance when there is a disagreement of an interpretation, requirement, or determination made by the Administrative Official in the enforcement or administration of this Ordinance. Such appeal shall be filed with the Collier County Board of County Commissioners within ten days of the disagreement, decision or determination and the aggrieved person shall furnish a copy of such appeal to the Administrative Official. B. The applicable filing fee In accordance with Fee Resolution No. 2005-384 or its successor resolution is required for each appeal. C. Any person adversely affected by the decision of the Collier County Board of County Commissioners may appeal such dccision to the Circuit Court, as provided by law. SECTION SEVENTEEN: ABROGATION AND GREATER RESTRICTIONS. A. This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. B. Tn the interpretation and application of this Ordinance, all provisions shall be: (I) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State Statutes. SECTION EIGHTEEN: WARNING AND DISCLAIMER OF LIABILITY. The degree of protection required by this Ordinance is considered reasonable for regulatory purposes. This Ordinance shall not create liability on the part of Collier County or by any officer or employee thereof for any damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. Pagel40fl5 4 ':;Y ..n, " J I '0 SECTION NINETEEN: ENFORCEMENT AND PENALTIES. A. Any person or entity who violates any provision of this Ordinance shall be punished as provided by law. B. In addition to the criminal penalties provided by law, power is hereby authorized to institute any appropriate action or proceeding including suit for injunctive relief in order to prevent or abate violation of this Ordinance. SECTION TWENTY: REPEAL. Collier County Ordinance No. 2003-14 is hereby repealed in its entirety. SECTION TWENTY-ONE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY.TWO: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWENTY.THREE: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this q~ day of Oc.-tobey ,2007. )' " ~'_;:l~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JA S COLETTA, CHAIRMAN Jeffrey Chief . Klatzko sistant C nty Attorney Page I 5 of 15 EXHIBIT 1 APARTMENT ADDRESS SIGN 2222 = 6" MIN. 101 - 121 =4"MIN. 17C'4 EXHIBIT 2 MOBILE HOME ADDRESS SIGN 2222 = 411 MIN. LOT 33 = 411 MIN. 17C 17C EXHIBIT 3 PRIVATE DRIVE ADDRESS RANGE SIGNAGE 1 000 - 3000 Building Address Range 3'MAX. 12" MAX. 1000. 3000 -- :6" LETTER MIN. , ___._'.1' ____ ------------- GROUND SIGN MAX. HEIGHT 3' ABOVE GRADE EXHIBIT 4 VACANT PROPERTY FOR BOAT DOCKS WITH MULTIPLE LOTS WITH THE SAME ADDRESS 267 LOT XX ADDRESS NO.6" MIN. LOT NO.4" MIN. GROUND SIGN MAX. HEIGHT 2' ABOVE GRADE 2' SETBACK FROM RIGHT-OF-WAY 17C l?C STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-62 Which was adopted by the Board of County Commissioners on the 9th day of October, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of October, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk, Ex-officio to Board'6f'1, County Commissioners yt,.~ " ,., X~~ Teresa Polaski" Deputy Clerk